Student Code of Conduct Policy

Purpose

The Minnesota State Community and Technical College Student Code of Conduct has been adopted to support the development and well-being of all members of the college community. The Student Code of Conduct is designed to ensure students receive all due process rights when adjudicating potential violations.

It is the college’s goal that students engaged in the student conduct process will leave that process as better-educated students, better members of the college community and better global citizens.

Definitions

Student

Includes all persons who:

• Are enrolled in one or more courses, either credit or non-credit, through the college.
• Withdraw, transfer or graduate after an alleged violation of the Student Code of Conduct.
• Are not officially enrolled for a particular term but have a continuing relationship with the college.
• Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid.

Respondent

A student who has been alleged to have violated one or more of the Student Code of Conduct policies.

Complainant

A party that has reported a concern and/or potential violation of the Student Code of Conduct to the college.

Conduct Officer

Any college faculty/staff or affiliate who has been designated to investigate and adjudicate alleged violations of the Student Code of Conduct.

Appeal Officer

The Vice President of Student Affairs or designee who is responsible for reviewing a Student Conduct appeal.

Business Days

Any day that the college is open. Typically, the college is open between 8 a.m. to 4:30 p.m. CST, Monday through Friday. The college is considered to be closed on nights and weekends. Days that the college is unexpectedly closed (i.e., due to inclement weather) are not considered business days.

Expulsion

Permanent denial of the privilege of enrollment at the college.

Hazing

An act which endangers the mental or physical health or safety of a person, subjects a person to humiliation or ridicule, or destroys or removes public or private property for the purpose of initiation, admission into, affiliation with or as a condition for continued membership in a student group, organization or athletic team.

Preponderance of Evidence

A standard of responsibility to prove that a violation of the Student Code of Conduct is more likely than not to have occurred.

Summary Suspension

A temporary suspension imposed without a formal student conduct hearing to ensure the safety and well-being of members of the college community.

Suspension

Denial of the privilege of enrollment for a specified time period, after which the student is eligible to return. Conditions for re-enrollment may be specified.

Policy

Jurisdiction of the Code of Conduct

The Student Code of Conduct applies to all students on a Minnesota State Community and Technical College campus as well as students participating in college-sanctioned events or activities off-campus.

The Student Code of Conduct may also apply to students who are not currently enrolled but are planning to be enrolled for the next semester. These include students who may be on campus during the summer semester and/or winter break.

Student Rights in the Conduct Processes

Right to an advisor

• Respondents participating in the Student Conduct process are permitted to have an advisor at any meeting relevant to the process.
• Advisors may not directly participate in a Student Conduct Hearing; however, they are permitted to provide guidance/counsel to the respondent.
• Respondents participating in the Student Conduct process are responsible for any fees charged by the advisor. The college will not pay for a student’s advisor.

Right to know

• Respondents are informed in writing, prior to a student conduct hearing, of any alleged charges. Charges may be altered, changed or removed during a hearing.
• Respondents are informed of the alleged conduct that violated the Student Code of Conduct, in summary form. The anonymity of involved individuals is not guaranteed but will be protected when possible.

Right to participate

• Respondents are permitted to participate in the student conduct hearing.
• Respondents are permitted to represent themselves in a student conduct hearing.

Right to not participate and/or discuss

• Respondents are not required to participate in the Student Conduct process; however, failure to participate may result in the process moving forward without input from the respondent (“in absentia”).
• Respondents may stop participating in the Student Conduct process at any time and are not required to attend Student Conduct meetings/ hearings. Reasonable attempts to invite respondents to participate/attend will be made by the assigned conduct officer.

Student Conduct Policies

Abuse of the Student Conduct Process

Students are not permitted to engage in acts that disrupt the Student Conduct process, including but not limited to:

• Knowingly falsifying, misrepresenting or distorting information involved/related to the Student Conduct process.
• Disrupting and/or interfering with a Student Conduct process/procedure.
• Filing frivolous or knowingly false reports.
• Attempting to intimidate and/or influence individuals involved with the Student Conduct process.

Alcohol

• The use, possession, manufacturing, selling or distribution of alcoholic products is prohibited on campus, except as expressly permitted by law and college regulations. Individuals under 21 years of age are not permitted to possess alcohol in the state of Minnesota.
• Information about the Alcohol and Drug Free Environment Policy can be found at Alcohol and Drug Free Environment Policy.

Animals/Pets

• Information about the Animals on Campus Policy can be found at Animals on Campus Policy.

College Disruption

Students are prohibited from engaging in acts that disrupt normal college business. Examples of disruptions include but are not limited to:

• Obstructing, impeding or otherwise blocking normal traffic pattern and areas (i.e., doorways, hallways, sidewalks and roads).
• Creating loud noises by yelling/screaming or with stereo equipment, bullhorns, etc.
• Participating in protests, sit-ins or demonstrations at times and/or locations where such things are not permitted.
• Participating in on-campus demonstrations that disrupt the normal operations of the college and/or infringes on the rights of other members of the college community.
• Leading or inciting others to disrupt scheduled and/or normal activities of any campus building or area.
• Interfering with an instructor’s ability to teach class.

Information about the Disruption Free Learning Environment policy can be found at Disruption Free Learning Environment Policy.

College Rules

Violation of any college rule, regulation or policy published in writing or electronically is prohibited.

Computer Misuse

Minnesota State Board Policy 5.22 and Procedure 5.22.1, on Acceptable Use of Computers and Information Technology Resources, must be followed. Examples of violations include but are not limited to:

• Unauthorized installation of software or unauthorized entry into a file to use, read or change the contents or for any other purpose.
• Unauthorized transfer and/or download of a file.
• Unauthorized use of another individual’s identification or password.
• Use of computing facilities to interfere with the work of another student or college employee.
• Use of computing facilities to send obscene or abusive messages.
• Use of computing facilities to interfere with normal operation of the college computing system.
• Use of campus technologies in any way that violates Minnesota State Board and college Acceptable Use of Information Technology policies.

Information about the Acceptable Use of Computers and Information Technology Resources Policy can be found at Acceptable Use of Computers and Information Technology Resources Policy.

Drug Paraphernalia

Students are not permitted to possess drug paraphernalia on any college campus. Examples of drug paraphernalia include but are not limited to items designed to consume/use illegal drugs, such as pipes, water pipes, roach clips, chillums, bongs or other items that show residue or signs of illegal drug use.

Drugs

• The use, possession, manufacturing, sale or distribution of illegal drugs, as defined by local, state and/or federal law, is prohibited on campus and at all off-campus college-sanctioned events and activities, including but not limited to foreign study programs, internships and field trips.
• The intentional misuse use of a controlled substance/product for the purposes of intoxication is prohibited on campus and at all off-campus college-sanctioned events and activities.
• The use of recreational or medicinal cannabis in any form, including edibles and extracts, is prohibited by college policy and federal law. Federal law prohibiting cannabis preempts state law. The college is required to follow the Drug-Free Schools and Communities Act Amendments of 1989 for the prevention of illegal drug use and abuse of alcohol by students and employees on college property and at college-sanctioned events.

Information about the Alcohol and Drug Free Environment Policy can be found at Alcohol and Drug Free Environment Policy.

Prescription Drug Misuse

The misuse, possession, selling or distribution of prescription drugs, as defined by local, state and/or federal law, is prohibited on campus. The use of medicinal cannabis is prohibited on campus.

Failure to Comply

Students are prohibited from:

• Failing to comply with directions given by a college employee acting within their assigned duties.
• Failing to identify oneself to college official(s) and/or law enforcement when requested and while on campus.
• Failing to complete sanctions assigned via the Student Conduct process.

Falsification

Students are prohibited from:

• Willfully providing false, misleading or incomplete information to college offices or employees.
• Intentionally making false reports of a bomb, fire, natural disaster or other emergency to a college official or an emergency service agency.
• Misusing, altering, forging or falsifying a college issued identification.
• Forging or altering official college documents or processes without appropriate authorization.
• Falsely claiming to represent the college or a student organization of the college. 

Fire Safety

• Intentionally or recklessly activating a fire alarm without cause is prohibited.
• Damaging and/or tampering with fire safety equipment is prohibited.
• Engaging in other unacceptable behavior that may cause fire safety concerns is prohibited.
• Students are required to vacate a college building during an emergency evacuation and/or drill.

Gambling

• Gambling for money or other items of value on campus or at college-sanctioned events is prohibited except as expressly permitted by the college and state and/or federal law.

Harassment

• Intentionally engaging in a course of conduct that serves no legitimate purpose and would seriously terrify, threaten, or intimidate a reasonable person; including general stalking behavior not required to be gender or sex-based.
• Harassing another person due to their status as a member of a protected class in a manner that is so severe, persistent, or pervasive as to limit or deny a reasonable person’s ability to participate or benefit from the college’s programs, activities, or employment.
• Information about the Nondiscrimination in Employment and Education Opportunities: Report/Complaint of Discrimination/Harassment Investigation and Resolution Procedure can be found at Nondiscrimination in Employment and Education Opportunities.

Hazing

• It is not permitted to engage in an act or acts or creating situations that intentionally or recklessly endanger the physical or mental health or safety of a student for the purpose of initiation. Permission or approval from the student(s) being hazed is not a defense for hazing.
• Hazing examples include but are not limited to paddling, branding, beating, sleep deprivation, food and water deprivation, sexual penetration or sexual touching, prolonged exposure to the elements, leaving a student in a remote location without a means of return, prolonged calisthenics, and forced (or perceived to be forced) consumption of food, drink or any other item. 

Housing Policies

It is prohibited to violate any published or posted campus life and housing policies as a resident or visitor of the Fergus Falls on-campus student housing facilities.

Keys/ID Cards/FOBs

Unauthorized possession, duplication or use of college issued keys, ID cards, and/or FOBs is prohibited.

Noxious Odor

A noxious odor is any smell of such strong intensity that it becomes apparent to others. Some examples are smoke from cigarettes, marijuana, cigars and pipes; perfume; air fresheners; dirty laundry; and garbage (this list is not exhaustive). When the source of a noxious odor can be traced to a particular room, the occupants of that room may be subject to disciplinary action.

Physical Abuse

Students are prohibited from:

• Intentionally, recklessly or negligently causing physical harm and/or mental duress to another person.
• Causing any person(s) to be in fear of physical danger through verbal abuse, defamation, harassment, hazing, and/or intimidation.
• Physically assaulting another person, including but not limited to fighting, hitting/punching, kicking, biting, or any other activities or actions designed to cause physical harm to another person.

Property Destruction

Unauthorized destruction and/or damage of personal, college, state and/or other property is prohibited.

Retaliation

Students are prohibited from:

• Retaliating against any student, staff, faculty and/or community member who reports alleged Student Code of Conduct violations.
• Retaliating against any student, staff, faculty and/or community member who participates in Student Code of Conduct proceedings.
• Retaliating against any college employee who enforces or participates in the enforcement of college policies and procedures.

Sexual Misconduct/Harassment

Sexual misconduct/harassment is prohibited on all college campuses and at college-sanctioned events and activities. Students are encouraged to report any instance(s) of sexual misconduct/harassment/violence as soon as possible to the college Compliance Officer. Instances of alleged sexual misconduct are subject to the resolution procedures provided in Minnesota State system Board Policy.

• Information about the Minnesota State 1B.1 Equal Opportunity and Nondiscrimination in Employment and Education can be found at Policy 1B.1
• Information about the Minnesota State system procedure 1B.1.1 Report/Complaint of Discrimination/Harassment Investigation and Resolution can be found at Procedure 1B.1.1
• Information about the Minnesota State 1B.3 Sexual Violence policy can be found at Policy 1B.3
• Information about the Minnesota State system procedure 1B.3.1 Response to Sexual Violence and Title IX Sexual Harassment can be found at Procedure 1B.3.1

Sports/Physical Activities

Running, hacky sack, frisbee throwing, hockey, in-line skating, skateboarding, rip-sticking, bouncing balls, riding bikes and other athletic/sport-type activities are prohibited in campus buildings, except where expressly permitted (i.e., gyms, recreation rooms, etc.).

Remote-Controlled Devices

Remote-controlled devices are not to be operated in college hallways and/or on college property without expressed permission from a college employee. Remote-controlled devices include but are not limited to drones, cars and other similar devices.

Intimidation and/or Terroristic Threats

• Threatening another person with physical or mental harm is prohibited.
• Threatening to commit an act of violence with the purpose of terrorizing another person(s) is prohibited.

Restraining

Restraining another person is prohibited, unless it can be demonstrated that restraint was necessary to protect the safety of the person or other person(s).

Theft

Unauthorized taking/possession/sale of property belonging to the college or a member of the college community or a campus guest is prohibited.

Tobacco Use/Vaping

• The use of nicotine products, e-cigarettes/vaporizers and other similar products is prohibited on college premises, except in designated outdoor areas.
• Information about the Tobacco-free Environment policy can be found at Tobacco-free Environment Policy.

Unauthorized Entry

• Unauthorized individuals are not allowed on the roof, overhangs or awnings of any college building.
• Unauthorized occupation and/or entry into any college room or space is prohibited.

Violation of Law

Violation of any federal, state or local law is prohibited.

Voyeurism

Any unauthorized use of electronic or other devices to make or send images of any person while on college property or attending a college-sanctioned event, without their prior knowledge and affirmative consent when such images are likely to cause injury or distress, is prohibited. Examples of such violations include but are not limited to pictures or videos taken of another person in a fitness center, gym, locker room, restroom or any other place where there is a reasonable expectation of privacy, as well as sending of obscene, lewd or indecent images to another person.

Weapons/Firearms/Dangerous Chemicals

• Weapons are not permitted college campuses, at college-sanctioned events, and/or in college-associated residence halls, except where explicitly permitted. Weapons may include but are not limited to firearms, ammunition, explosives, tear gas, large knives, nunchakus, pellet guns, wrist rockets, catapults, dart guns and other devices that propel objects through the air, such as airsoft or Nerf guns.
• Recreational weapons, such as sling shots, electronic stun guns, pellet guns, air soft guns, water guns, etc., are not permitted on campus or in the residence halls.
• Campus Security, Residence Life staff and/or the local law enforcement may search a room if there is reason to believe a weapon is present. The only exception to this policy is legal chemical dispensing devices, such as pepper sprays, that are sold commercially for personal protection.
• Students who use an object to injure someone may be subject to disciplinary action.

Exemption for Seeking Emergency Assistance – Alcohol/Drugs

Students are urged to seek emergency help for themselves or for others if they have been using alcohol and/or other drugs and are experiencing a medical emergency. Students should immediately call 911 and alert college staff/faculty. Medical emergencies include but are not limited to alcohol poisoning, loss of function (i.e., unable to walk, talk, breathe and/or remain conscious), seizures, severe bleeding, vomiting and other life-threatening conditions

The college does not take disciplinary action against a student who contact emergency services while possessing and/or using alcohol or other drugs, provided the use/possession of said substances was part of the alleged incident. Students involved in the care of another person needing emergency assistance may also qualify for this exemption; a conduct officer determines students' eligibility.

Students that qualify for the exemption are still required to meet with a conduct officer and may be required to complete an alcohol and/or drug educational program. They may also be charged by law enforcement officials for violations of federal, state and/or local laws.

This policy is not meant to excuse the involved student(s) from other violations of the Student Code of Conduct.

Potential Responses to Violations of the Code of Conduct

Written Warning

The student/respondent receives written notice of their violation(s) of one or more Student Conduct Code of Conduct policies. Future violations may result in further disciplinary action(s).

Probation

The respondent is put into a probationary status with the college for a determined amount of time. This probationary status may affect a student’s membership in college/student organizations and ability to work an on-campus job.

Loss of Privileges

The respondent loses the privilege of engagement or participation in any activity or experience not required to satisfy graduation requirements, including but not limited to campus recreation room privileges, campus and/or student life event attendance, use of on-campus internet access and/or computers, use of campus dining facilities and access to campus and/or specific campus locations.

Restitution

The respondent is required to return money or property that has been wrongfully taken.

Community Service

The respondent receives work assignments, service to the college and/or other related discretionary sanctions.

Confiscation

Items used or possessed in violation of the Student Code of Conduct, including but not limited to falsified information and/or identification, are confiscated by a college employee and may not be returned.

Educational Program

The respondent must complete required educational coursework or assignments specifically related to the violation(s) of the Student Code of Conduct. Examples include but are not limited to substance use evaluations, presentations and/or written assignments, online or in-person education courses and event attendance. The respondent is responsible for any costs associated with this.

Employment Restrictions

The respondent is subject to prohibition and/or limitation of student employment with the college.

Revocation of Admission and/or Degree

The respondent is subject to revocation of their college admission or degree for fraud, misrepresentation and/or violation(s) of the Student Code of Conduct that may have resulted in suspension or expulsion.

Withholding of Degree

The respondent's degree is withheld pending completion of Student Conduct procedures and/or responses.

No Contact

The respondent must have no contact or communication, directly or indirectly, with a specified individual or group of individuals for a specified period of time. No contact sanctions may also be imposed indefinitely.

Trespass

The respondent is prohibited from being on campus or property of the college, including all college buildings, grounds, parking lots, roads and walkways. Entry after a trespass sanction has been determined may result in criminal trespass pursuant to Minnesota Statutes Section 609.605 and/or interference with the use of public property pursuant to Minnesota Statutes Section 624.72.

Loss of Status – Student Organization

• Student organizations may be subject to temporary or permanent loss of recognition from the college.
• Additional requirements may be imposed on student organizations with a temporary loss of status prior to regaining recognized status.

Housing Relocation

The respondent is subject to a mandatory room assignment change for a specified date and amount of time.

Suspension from On-Campus Housing

The respondent is subject to a temporary removal and trespass from on-campus housing for a specified amount of time.

Expulsion from On-Campus Housing

The respondent is subject to permanent removal and trespass from on-campus housing.

Suspension

• The respondent is temporarily separated from the college for a specified amount of time. Suspended students may not attend and/or register for classes, live in on-campus housing or participate in/attend any college-sanctioned events.
• Additional requirements may be imposed by the college at the end of the suspension period  as a condition of readmittance.

Expulsion

• The respondent is permanently separated from the college. Expelled students may not attend and/or register for classes, live in on-campus housing or participate in/attend any college-sanctioned events.
• After seven calendar years, expelled students may appeal to the vice president of student affairs to be readmitted.  

Summary Suspension

A summary suspension is a suspension imposed without a formal hearing to ensure the safety and well-being of members of the college community. After the student has been summarily suspended, the vice president of student affairs or designee must provide the opportunity for a student conduct hearing within the shortest reasonable amount of time, not to exceed nine business days from the date the student received written notification of the suspension. During a summary suspension, a student may not be on college property without obtaining prior written authorization from the vice president of student affairs or their designee.

Enforcement of Standards

In the event the college receives a written or verbal report of a potential violation of the Student Code of Conduct, one or more conduct officers may begin an initial investigation to determine the likelihood of a violation.

Based on the initial investigation, if it is determined that there was likely not a violation of the Student Code of Conduct, or if it is determined there is not enough information available to move forward, the Student Conduct process does not proceed. All reports and records will be maintained as appropriate. Previous reports and records may be used in future investigations and Student Conduct processes.

If, based on the initial investigation, if it is determined that there likely was a violation of the Student Code of Conduct, the conduct officer either continues the investigation and/or begins the student conduct hearing process.

Written Notice

• The conduct officer provides written notice to the respondent(s) that a report has been received alleging one or more violations of the Student Code of Conduct. This notice is sent to the student’s institutional email and/or to the mailing address on file with the college.
• The written notice includes the following:

1. Specific alleged violation(s) and the date the alleged violation(s) occurred.
2. A summary of the alleged event(s) and violation(s).
3. A statement of the student rights in the Student Conduct process.
4. The date, time and location of the student conduct hearing or request to schedule a student conduct hearing.

• Written notice will be sent to the respondent within a reasonable amount of time following the violation determination (typically within 10 business days).
• Written notice is sent no sooner than three business days prior to the scheduled hearing. If the respondent would like to meet with the conduct officer before three business days, they may request to do so in writing to the conduct officer.

Student Conduct Hearing

• A student conduct hearing is conducted by a conduct officer and involves meeting with the involved parties and determining a sanction, if appropriate.
• Student conduct hearings may take place in-person or via electronic communication (i.e., teleconferencing software, telephone, etc.)
• The personal safety and well-being of all involved parties is accommodated as needed, using barriers, separate facilities, teleconferencing technology and/or other means of preventing direct in-person contact. Campus security and/or local law enforcement may also be invited to be invited to be a presence during any meeting or hearing relevant to the Student Conduct process.

Student Conduct Resolution

• After the conduct officer has met with or attempted to meet with the involved parties and a resolution/outcome has been determined, the student conduct officer creates a written student conduct resolution.
• The student conduct resolution is delivered to the respondent via email and/or print copy.
• The respondent has 10 business days to accept or appeal the student conduct resolution. If the respondent fails to appeal the resolution within 10 business days, the student conduct resolution is deemed to be accepted.

Appeal Process

• If a proposed student conduct resolution is appealed, the respondent is required to complete a student code of conduct appeal form via the college website within 10 business days. The appeal process will not move forward unless the respondent completes and submits this form.
• A link to the online appeal form and/or web address is provided when a proposed student conduct resolution is delivered.
• After an appeal has been submitted, all sanctions may be temporarily suspended pending the appeal decision, with the exception of a summary suspension.
• If a respondent submits a student conduct appeal, the case is then reviewed by the vice president of student affairs or their designee. This person is known as the appeals officer.
• The appeals officer has the authority to review any materials, notes and/or other information associated with the Student Conduct case. The appeals officer may also request to meet with the complainant, respondent, student conduct officer and/or any other person(s) associated with the student conduct case.
• The appeals officer has the authority to uphold, reject or alter the decision made by the student conduct officer.
• After reviewing all materials and making a final decision, the appeals officer provides a written decision to both the respondent and the student conduct officer.
• In cases involving sanctions of suspension for 10 days or longer, students have the right to a contested case hearing under Minn. St. Ch.14. Students may invoke a Ch. 14 hearing by notifying the student conduct officer within 10 business days of the decision on their appeal.

Interpretation

Words used in this Student Code of Conduct should be assumed to have their ordinary meaning unless the context indicates that a different meaning was intended. Any questions of interpretation or application of the Student Code of Conduct should be referred to the dean of students or their designee.

Notification and Maintenance of Records

The Student Code of Conduct shall be reviewed at least every four years, more frequently if needed.

Associated Policies and Procedures

Minnesota State system Board Policy 1B.1 Equal Opportunity and Nondiscrimination in Employment and Education

Minnesota State system Board Policy 1B.1.1 Report/Complaint of Discrimination/Harassment Investigation and Resolution

Minnesota State system Board Policy 1B.3 Sexual Violence Policy

Minnesota State system Board Policy 1B.3.1 Response to Sexual Violence and Title IX Sexual Harassment

Minnesota State system Board Policy 5.22 Acceptable Use of Computers and Information Technology Resources

Minnesota State system Board Procedure 5.22.1 Acceptable Use of Computers and Information Technology Resources

Minnesota State Community and Technical College Academic Honesty and Integrity Policy

Minnesota State Community and Technical College Acceptable Use of Computers and Information Technology Resources Policy

Minnesota State Community and Technical College Alcohol and Drug Free Environment Policy

Minnesota State Community and Technical College Animals on Campus Policy

Minnesota State Community and Technical College Disruption Free Learning Environment Policy

Minnesota State Community and Technical College Nondiscrimination in Employment and Education Opportunities: Report/ Complaint of Discrimination/ Harassment Investigation and Resolution Procedure

Minnesota State Community and Technical College Tobacco-free Environment Policy