Pine Technical College
Policy and Procedure
Policy No.:314 Date: 11/05/03
Division/Dept: Student Affairs Author: Phil
Schroeder
Subject: Student Code of Conduct
PTC Student Code of Conduct
Authority
Minnesota State Colleges and Universities Policy 3.6: Student Conduct
Minnesota State Colleges and Universities Policy 3.1: Students Rights and
Responsibilities
Introduction
Pine Technical College students have certain rights as both a citizen and
student. In the same manner, students, as members of the greater college
community, have certain obligations and responsibilities. As an introduction to
this policy, outlined below are Students Rights and Responsibilities taken from
Minnesota State Colleges and Universities Board Policy: 3.1.
Students Rights and Responsibilities
Freedom to Learn.
In addition to the basic constitutional rights enjoyed by all citizens,
Pine Technical College students have specific rights related to academic freedom
and their status as students. Freedom to teach and freedom to learn are
inseparable facets of academic freedom. The freedom to learn depends upon
appropriate opportunities and conditions in the classroom, on the campus, and in
the larger community. Students are expected to exercise their freedom with
responsibility.
Freedom of Expression.
Individual students and student organizations shall be free to examine and
to discuss all questions of interest to them and to express opinions publicly
and privately. They shall be free to support causes by orderly means that do not
disrupt the regular and essential operation of the institution. In the
classroom, students shall be free to take reasoned exception to the data or
views offered in any course of study and to reserve judgment about matters of
opinion, but they are responsible for learning the content of any course of
study for which they are enrolled.
Freedom of Association.
Students shall be free to organize and join organizations to promote their
common and lawful interests, subject to institutional policies or regulations.
Registration or recognition may be withheld or withdrawn from organizations that
violate institutional regulations.
Student-Sponsored Forums.
Students shall have the right to assemble, to select speakers, and to
discuss issues of their choice. The college shall establish reasonable time,
place and manner restrictions to assure that the assembly does not substantially
disrupt the work of the institution or does not interfere with the opportunity
of other students to obtain an education or otherwise infringe upon the rights
of others. Such regulations shall not be used as a means of censorship. The
president may prohibit any forum when holding the event, in his or her judgment,
would result in physical harm or threat of physical harm to persons or property.
Prior to any such prohibition, the president shall make his or her best effort
to consult with the student senate.
Student Publications.
Student-funded publications shall be free of censorship and advance
approval of copy, and their editors and managers shall be free to develop their
own editorial and news coverage policies. Editors and managers of student
publications shall be protected from arbitrary suspension and removal because of
student, faculty, administrative, or public disapproval of editorial policy or
content. The student fee allocation process shall not be used as a means of
editorial control of student-funded publications. All student publications shall
explicitly state on the editorial page that the opinions there expressed are not
necessarily those of the college, system, or student body.
Catalog and Course Information.
To the extent possible, students will be provided relevant and accurate
information regarding courses prior to enrollment. Catalog descriptions will be
accurate and based on information existing at the time of publication. To the
extent possible, class schedules will list the names of faculty teaching
courses.
Academic Information.
Students shall have access to accurate information about general
requirements for establishing and maintaining acceptable academic standing,
information which will enable students to determine their individual academic
standing, and information regarding graduation requirements.
Academic Evaluation.
Student academic performance shall be evaluated solely on the basis of
academic standards, including any requirements that are noted in the catalog,
course syllabus, or student handbook. Students shall have protection against
prejudiced or capricious evaluation and shall not be evaluated on the basis of
opinions or conduct in matters unrelated to academic standards. Students shall
have the right to review their corrected examinations or other required
assignments used by the faculty in evaluating the student's academic
performance.
Property Rights.
Term papers, essays, projects, and similar property shall be returned to a
student upon request, within a reasonable timeframe, when no longer needed for
evaluation purposes, unless the student grants written permission for them to be
retained.
Off-Campus Conduct.
Students who violate a local ordinance or state law risk the penalties
prescribed by civil authorities. Pine Technical College may not concern itself
with every violation. However, the college reserves the right to take
disciplinary action against students for off-campus behavior following the
procedures of the Student Code of Conduct. This includes, but is not limited to,
arrest and conviction of a Pine Technical College student or staff member or
when the activity adversely affects the interests of the college.
Policy
The College has the right to take necessary and appropriate action to
support and protect the safety and well-being of the college community - its
students, faculty, staff, guests, facilities, and programs. Members of the
college community and their guests are expected to abide by local, state, and
federal laws and Minnesota State Colleges and Universities board policy. Should
the violation of civil or criminal law by a community member involve college
interests, the College has the right to proceed with disciplinary action without
regard to civil or criminal proceedings.
These regulations apply on all campus property and at all college-sponsored
activities, or at activities sponsored by college clubs or organizations on or
off-campus. Pine Technical College may also hold students accountable for a
violation of the Student Code of Conduct committed off campus when:
- Hazing is involved;
- The violation is committed while participating in a college sanctioned or -
sponsored activity;
- The victim of the violation is a member of the college community;
- The violation constitutes a felony under state or federal law;
- The violation adversely affects the educational, research, service or image of
the college.
Purpose
Pine Technical College is committed to the creation and maintenance of
an academic community which fosters the intellectual, personal, social and
ethical development of its students. Our goal is to help students develop the
employment competencies needed in their selected program major. Reaching this
goal requires cooperation on the part of all students.
The College expects that each student will obey the laws enacted by federal,
state and local governments. In addition there are certain rules and regulations
governing student conduct which have been established by the Minnesota State
Colleges and Universities Board.
Pine Technical College is an educational institution and not a court of law.
Therefore, the concept of fair play will take precedence in all settings, and
the philosophy of discipline will be one of an educational approach. It is hoped
that most disciplinary concerns may be settled early in the process in an
informal setting
Allegations of discrimination and/or harassment shall be adjudicated under
separate procedures in accordance with Pine Technical College Policy 108:
Discrimination and Harassment.
Definitions
Standards
The following are defined as disciplinary offenses actionable by the
College:
1. Academic dishonesty: Submission of false academic records, cheating,
plagiarism, altering, forging, or misusing a college academic record; falsely
claiming to represent the college or a student organization or club; acquiring
or using test materials without faculty permission; acting alone or in
cooperation with another to falsify records or to obtain dishonest grades,
honors or awards; aiding and abetting another person in cheating or plagiarism.
2. Theft and damage of property: Attempted theft, unauthorized
borrowing or use of public or private property on college premises; destroying,
damaging or littering college property.
3. Disruptive conduct/behavior: Actions which unreasonably interfere,
obstruct or prevent the regular and essential operations of the college or
infringe upon the rights of others to participate in its programs and services.
This may include, but is not limited to being openly disruptive; verbal
outbursts; talking loudly to classmates independently of class discussion;
talking in an openly abusive manner or disrespectful manner to the instructor
and/or classmates; using any device that causes disturbances during classroom
instruction; participating in or promoting disruptive activity that interferes
with teaching, college events and activities.
4. Disorderly conduct on campus: Threat to, physical abuse of, or
harassment which threatens to or endanger the health, safety or welfare of a
member of the college community; physically assaulting another and fighting;
acting in a manner that is disorderly, lewd, indecent or a breach of peace;
continuing and willfully using profanity or vulgarity or openly and persistent
challenging or circumventing college authority.
5. Weapons on campus: Use or possession of weapons on the college
premises, in violation of, or not covered in PTC policy 116: Possession and
Carry of Firearms. "Weapon" is broadly defined to mean any object, device or
instrument designed as a weapon or capable of threatening or producing bodily
harm, including but not limited to all firearms (including BB guns), dangerous
knives, explosives, explosive fuels, dangerous chemicals, billy clubs, and
fireworks.
Gunsmithing students must abide by the policies of their program.
Because the college has a Gunsmithing program, these standards do not apply in
the following instances: a) transporting firearms for repair or instruction
purposes delivered to the outside (west) door of the Gunsmithing department; b)
possession or transportation of firearms within the PTC building under
supervision of an instructor; c) possession of a firearm during the annual PTC
Gun Show in February.
6. Controlled substances on campus: Use, possession or distribution of
a controlled substance, drugs and/or drug paraphernalia on college premises.
7. Alcohol on campus: Use, possession or distribution of alcohol on
college premises except as expressly permitted by college policy.
8. Criminal sexual behavior: Including but not limited to, the implied
use or threatened use of force to engage in any sexual activity against a
person's will and/or engaging in such behavior with a person who is unconscious,
or substantially mentally impaired (including intoxicated).
9. College facilities and services: Unauthorized use of the college
facilities, telephone system, mail system, or computer system or use of any of
the above for any illegal act or any act prohibited by the Code of Conduct.
10. College rules and policies: Violation of published college
policies, rules or regulations including but not limited to smoking or sexual
harassment regulations.
11. Retaliation: Harassing, threatening or intimidating a complainant
or other person alleging misconduct.
12. Terms of sanctions: Knowingly violating the terms of the sanctions
imposed for prior code offense.
13. Hazing: Endangering the mental or physical health or safety of a
person; subjecting a person to public humiliation or ridicule, or removing
public or private property for the purpose of initiation, admission into,
affiliation with or as a condition of continued membership in a student group or
organization.
14. Encouraging conduct violations: Attempts to commit acts prohibited
by this code, or encouraging others to commit acts prohibited by this code will
be punished to the same extent as if one had committed the prohibited act.
Sanctions
These sanctions are examples of possible penalties for Conduct Code violations:
1. Warning: Oral or written warning, admonition or reprimand.
2. Confiscation: Confiscation of property or goods used or possessed in
violation of college rules.
3. Compliance: Carrying out an action or behavior as a condition of
admission or continuing enrollment.
4. Restitution: Payment required to the college for damages incurred.
Student violators will be held financially responsible for direct and/or
indirect costs and charges associated with Code of Conduct violations.
5. Suspension: Separation from the College for a specified period of
time. During this time the student may not register for or attend classes or
other college functions or be on college property. The College reserves the
right to restrict transfer of credits earned elsewhere during the suspension
period. Conditions for readmission may be specified, including faculty approval
of re-admittance to their courses. .
6. Expulsion: Permanent denial of the privilege of enrollment at Pine
Technical College
7. Denial/loss of related privilege: Denial of specified privileges for
a designated period of time, or exclusion from participation in extracurricular
activities, including the holding of any student office.
8. Community service: Set number of uncompensated hours of service to
the College, community non-profit or similar agency.
9. Discretionary sanctions: Work assignments, service to the college,
counseling or referral to community agencies, rehabilitative programs, or other
related discretionary assignments. Failure to participate may result in the
imposition of additional sanctions.
10. Immediate removal: Faculty members have the right to remove
disruptive student(s) from the classroom and also govern when, or if, said
student(s) may return. If the student refuses or there is a threat to the safety
of the faculty and class, faculty may immediately call local law enforcement
and/or immediately cancel class.
Procedures/Process
Filing a complaint
Any member of the college community (students, faculty, staff) may file a
complaint alleging
a student or organization has violated the student conduct code. The steps to
file a complaint are as follows:
1. The complaint will be filed in writing with the Dean of Student Affairs
Office (forms are available for this purpose, and assistance can be provided in
outlining the complaint if needed).
2. The complaint will be signed by the person entering the complaint. Anonymous
citations will not be accepted.
3. Any student cited for violation of the Code of Conduct will be assumed
innocent until it is determined otherwise.
Informal Action
Following the filing of an accusation against a student, the Dean of
Student Affairs or designee will conduct an investigation of the charges. If the
accusation seems unwarranted, the Dean may dismiss the complaint and discontinue
the process. If there is sufficient evidence to support the accusation, the Dean
shall offer the accused student an opportunity to resolve the violation at an
informal meeting. Prior to this meeting, the student shall be given oral or
written notice of the specific charges against him/her and of the evidence
available to support the charge. If a mutually acceptable resolution cannot be
reached during the informal meeting, including any applicable sanctions, the
case shall be referred to a Judicial Committee for a formal hearing and
adjudication process.
Summary Suspension
The College reserves the right to suspend and remove from campus without
hearing, any student that poses an immediate threat to the health or safety of
persons on campus. Before implementing the summary suspension, the accused
student shall be given oral or written notice of the intention to impose the
summary suspension and shall be given an opportunity to present oral or written
arguments against the imposition of the suspension. Notice of the intention to
impose the summary suspension shall be provided in writing to the student. After
the student has been summarily suspended, a properly constituted hearing on the
matter will take place within nine (9) working days of the suspension.
During the summary suspension, the student may not enter the campus without
obtaining prior permission from the Dean.
Judicial Committee Procedure
Judicial Committee: The Judicial Committee is a standing committee
consisting of three faculty members, two students and a college administrator.
Candidates are recommended each year and approved by both the College Leadership
Team and Student Senate. The Dean of Student Affairs is a non-voting member. The
Committee elects, by consensus, one member to chair each hearing. Additional
persons may be asked to attend hearings to provide expert testimony or other
information of benefit to the process.
The Dean of Student Affairs will prepare and send a written notice to the
accused no less than five (5) working days prior to the date set for the
hearing. The notice will be hand delivered directly to the accused or be sent by
certified mail to the last known address listed with the Records Office and will
include:
1. Statement of the date, time location and nature of hearing.
2. Written statement specifying the Student Code of Conduct violation.
3. Notice of student's right to have an advocate at the hearing.
The Judicial Committee shall proceed as follows:
1. The Dean or Chair of the Judicial Committee will schedule the meeting and
notify members of the committee and the students involved of the time and place
of the meeting. Every attempt will be made to convene the Committee no later
than ten (10) working days following the receipt of a request for hearing by the
Dean of Student Affairs.
2. Three members of the Committee shall constitute a quorum for decision making.
3. A simple majority of the Committee members present shall constitute the
decision.
4. Members of the Judicial Committee who have a personal interest or involvement
in a particular case may not participate in that hearing.
5. The hearing will be audio tape recorded. Copies of the tapes may be obtained
by the accused student by making a request in writing to the Dean of Student
Affairs. Students may be billed for the cost of the audio tape.
6. The Dean of Student Affairs will present an opening statement. The accused
may also present an opening statement.
7. The complainant will attend the hearing and will present the statement of
complaint and the supporting evidence.
8. In connection with presenting the case, the complainant and the accused may
present witnesses.
9. An advocate may attend the hearing with the complainant and/or the accused,
the advocate may advise the student but may not participate in the hearing. .
When there is a likelihood that a student involved in conduct proceedings will
face criminal prosecution for a serious offense, it may be advisable that the
student have an attorney as the advisor. In such cases, the College may also
request the presence of a representative of the Minnesota Attorney General’s
Office.
10. Members of the committee may ask questions of any persons present, including
witnesses.
11. At the conclusion of the hearing, the Committee shall meet privately and
render its decision on the matter before it. The decision shall be rendered in
writing within two (2) working days of the hearing. The decision shall set forth
the findings of fact and the recommendations of the Committee regarding
sanctions, if any. The Dean of Student Affairs shall be given the written
findings of the fact and recommendations, and it shall be the duty of the Dean
to notify the student or students involved within three (3) working days after
receipt of the decision.
12. The decision of the committee will include the recommended sanction.
13. Hearings and records of hearings are private. They are protected by the
Family Educational Rights and Privacy Act, but may be subpoenaed or released
under court order due to subsequent litigation.
14. A written report of the proceedings will be placed in the student's
permanent file.
Lack of Cooperation
If the student does not respond when requested to participate in the
disciplinary process, the following steps will be taken:
1. The Dean of Student Affairs shall make every reasonable effort to locate the
student through ordinary channels.
2. If the student does not respond, the Dean will initiate the normal
disciplinary procedures in the student's absence.
Appeals
The student has the option to appeal any disciplinary action of the
Judicial Committee to the President of Pine Technical College. The appeal must
be made in writing and given or mailed to the President within five (5) business
days after notice of the written decision of the Judicial Committee.
The findings and recommendations of the Judicial Committee will be sent by the
Chairperson to the President of the college for consideration. No further
evidence will be considered at this stage.
The President will announce the decision to all involved parties within five (5)
days of the receipt of the Committee report.
In cases involving sanctions of suspension for 10 days or longer, students have
the right to a contested case hearing under Minnesota law (Chapter 14, MSA).
Savings Clause
Should any article, section or portion of this student policy be held
unlawful and/or unenforceable by any court of competent jurisdiction, such
decision of the court shall apply only to the specified article, section, or
portion thereof directly specified in the decision. All other articles, sections
or portions of this student policy shall remain in full force and effect.
Responsibilities
Responsibility for campus judicial matters is vested in the President
of PTC who may delegate to the Dean of Student Affairs the task of adjudication
of student conduct issues as set forth in this policy. All PTC students and
staff are also asked to assume positions of responsibility in the resolution of
disciplinary cases.
Responsibility of Student Clubs, Groups and Organizations:
Student clubs, groups and organizations may be charged with violations of
the Code of Conduct. Charges may be made, collectively or individually, against
the club, group or organization, its leadership, and/or the individual member(s)
responsible for the violation. A club, group or organization may be held
responsible for an individual's actions if that person received either direct or
implied consent, encouragement or support to violate the code.
Code violations by student clubs, groups or organizations will be reviewed by
the Dean of Student Affairs or designee to determine the appropriate manner in
which the violation should be addressed.
Officers, leaders or other identifiable representatives for a student club,
group or organization may be directed to take appropriate action designed to
prevent or end violations of this code by the club, group or organization or by
any persons associated with the club, group or organization who can reasonably
be said to be acting in the club's, group's or organization's behalf.
Violation of the Code of Conduct by student clubs, groups or organizations may
additionally result in review by the Student Senate and loss of privileges,
status, and official recognition.
Dissemination
Students shall be provided a copy of the code of conduct during
registration and a copy of the code shall be posted at appropriate locations on
campus.
Review/Approval
Reviewed by Leadership Team Date: 12/0103
Reviewed by Shared Governance Date: 12/01/03
Reviewed by: Student Senate Date: 12/03/03
Approved: Date:
Robert L. Musgrove, Ph.D., President