Lake Superior College

3.6.1 - Student Conduct - Procedure

Part 1. Introduction. Procedure 3.6.1 shall implement Policy 3.6 Student Conduct. The Student Code of Conduct applies at all locations of the college and all college activities wherever located. Student organizations are subject to the College's Code of Conduct and to the process in Part 3 of this procedure.

Part 2. Definitions. For purposes of Policy 3.6 and Procedure 3.6.1 the following definitions apply:

Subpart A. Expulsion. Permanent denial of the privilege of enrollment at the college.
Subpart B. Hazing. An act which endangers the mental or physical health or safety of a person, subjects a person to public humiliation or ridicule, or which 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.
Subpart C. Preponderance of evidence. A standard of responsibility that it is more likely than not that the code has been violated.
Subpart D. Student. The term "student" includes all persons who:

1. Are enrolled in one or more courses, either credit or non-credit, through the college.
2. Withdraw, transfer or graduate, after an alleged violation of the student conduct code.
3. Are not officially enrolled for a particular term but who have a continuing relationship with the college or university.
4. Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid.

Subpart E. Summary suspension. A suspension imposed without a formal hearing to ensure the safety and well-being of members of the college community.
Subpart F. Suspension. Denial of the privilege of enrollment for a specified period of time after which the student is eligible to return. Conditions for re-enrollment may be specified.

Part 3. Contents of Code of Student Conduct.
Subpart A. Notification.  Students participating in on-site orientation shall be provided a hard copy of the Code of Conduct.
Subpart B. Student Responsibilities.

Students are responsible for knowing of and abiding by all the rules and regulations of Lake Superior College.  Many of these rules and regulations are simply extensions of those existing in the larger community, and some are unique to the college setting.  These rules and regulations apply to both campus and off-campus college-sponsored activities.  Violations of these rules and regulations may result in disciplinary action.   

Subpart C.  Proscribed Behavior.
Violations will include, but not be limited to, the following:

1.  Intentionally or recklessly interfering with college or college-sponsored activities including, but not limited to, teaching, research, college administration, fire, police or other emergency services, ceremonial events, scheduled interviews, extracurricular activities or other functions on college premises or officially-arranged college activities off campus.

2.  Intentionally, recklessly or negligently causing physical harm to any person.  This includes engaging in any form of fighting.

3.  Physically detaining or restraining any other persons or removing such persons from any place where they are authorized to remain.

4.  Intentionally, recklessly or negligently placing any person under mental duress or causing any person to be in fear of physical danger through verbal abuse, harassment (including repeated phone calls), sexual harassment, hazing, intimidation, threats or other conduct which threatens or endangers that person's emotional, mental or physical well-being.

5.  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, substantially mentally impaired (including intoxicated); intentionally touching another person's genitals, buttocks, or breasts without the person's consent; indecent exposure; voyeurism.

6.   Use or possession of weapons unless expressly authorized by the college.  "Weapon" is broadly defined to include, but is not limited to, all firearms (including BB guns), dangerous knives, explosives, explosive fuels, dangerous chemicals, billy clubs, and fireworks.

7.  Intentionally or recklessly activating a fire alarm without cause; damaging fire safety equipment or initiating a false report; warning or threat of fire, explosion or other emergency.

8.   Use, possession or distribution of any controlled substance or drugs and/or drug paraphernalia.

9.  Use, possession or distribution of alcohol except as expressly permitted by college policy.

10.  Reporting to campus or to a campus-sponsored activity while under the influence of a controlled substance, except as prescribed by a physician, which affects alertness, coordination, reaction, response, judgment, decision making, or safety.

11.  Effective Fall 2009, use of any tobacco product on campus property including a lighted cigarette, cigar, or pipe; the use of any smoking material; or use of smokeless tobacco.

12.  Knowingly furnishing false information to college personnel; or the knowledgeable passing of an insufficient funds check or fraudulent money order in payment of any financial obligation to the college.

13.   Forgery, unauthorized alteration or unauthorized use of any college document or instrument of identification.

14.  Theft, attempted theft, unauthorized borrowing or use of any college property or service wherever located, or the theft, attempted theft, or unauthorized borrowing or use of public or private property.

15.   Possessing, making, or causing to be made any key to operate locks or locking mechanisms without proper authorization, including using or giving to another a key for which there has been no proper authorization.

16.   Unauthorized presence in, or use of college premises, facilities or property.

17.  Refusing to depart from any property or facilities of the college upon direction by college officials or other persons authorized within the regulation of the college.

18.  In-line skating, roller skating, or skateboarding in all college buildings.

19.  Unauthorized or fraudulent use of college facilities, telephone system, mail system, computer system, or use of any of the above for any illegal act or any act prohibited by the Code of Conduct.

20.   Deliberate destruction of, damage to, malicious use of, or abuse of property, wherever located, or the deliberate destruction, damage to or malicious use of public or private property.

21.  Failure to comply with the directions of college officials including, but not limited to, faculty or administrators acting in the performance of their duties; failure to present identification upon request of college personnel in the performance of their duties.

22.  Gambling for money or other things of value on campus or at college-sponsored activities except as permitted by law.

23.   Falsely claiming to represent the college or a student organization of the college.

24.  Actions which unreasonably interfere, obstruct or prevent the regular and essential operations of the college or infringe upon the rights of others to freely participate in its programs and services.  This may include, but is not limited to, intentionally and substantially interfering with the freedom of expression of others; participating in a campus demonstration which disrupts the normal operations of the college, intentionally obstructing or interfering with the freedom of pedestrian or vehicular movements on campus.

25.  Violation of published college policies, rules or regulations including, but not limited to, smoking, solicitation, distribution of literature, sexual harassment, and amplification and loudspeaker use.

26.  Parties and/or large gatherings which disturb the peace of the campus community or off-campus neighborhoods.

27.  Apparent or alleged violation of local ordinances, federal or state laws where said violation poses a substantial threat to the safety and/or welfare of campus community members.

28.  Attempts and complicity: 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.

29.  Interfering with the judicial procedures or outcomes including, but not limited to, falsification, distortion or misrepresentation of information before a hearing officer or judicial panel; knowingly initiating a complaint without cause; or failure to comply with the sanction(s) imposed by either a hearing officer or administration.

30.  Hazing, "an act which endangers the mental or physical health or safety of a person, subjects a person to public humiliation or ridicule, or which 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 group, organization, or athletic team."  Disciplinary action can be taken against both individuals and organizations for hazing violations, whether occurring on or off campus.  Officers will serve as the representatives of the organization during any hearing.

Subpart D. College Sanctions
The following sanctions may be imposed for misconduct:

1.  Warning.  Issuance of a written warning, admonition, or reprimand, and may include a referral for counseling.

2.   Probation.  Continuance at the college but only under special conditions for a specified period of time.

3.  Loss of Privileges.  Denial of specified privileges for a designated period of time or exclusion from participation in the extracurricular activities of the college, including the holding of any student office, for a period of time not to exceed one academic year.

4.   Restitution.  Required reimbursement for damage to or misappropriation of property.  This may take the form of appropriate services or other compensation.

5.  Community Service.  Set number of hours of uncompensated service to the college or a community agency.

6.  Discretionary sanctions.  Work assignments, service to the college, counseling or referral to community agencies, rehabilitative programs, or other related discretionary assignments.  Failure to participate as directed may result in the imposition of additional sanctions.

7.  Confiscation.  Confiscation of property or goods used or possessed in violation of college rules and may not be subject to return to the student.

8.  Trespass.  Denial of rights to access the college premises or specified areas within the college, either permanently or within a specified period of time.

9.  Administrative and legal sanctions up to and including expulsion and referral for prosecution may be imposed on students who violate local, state or federal law.

10.  Suspension.  Denial of the privilege of enrollment for a specified period of time after which the student is eligible to return.  During this time the student cannot qualify for graduation, register for or attend classes or other college functions.

11.  Summary Suspension.  A suspension imposed without an informal or formal hearing to ensure the safety and well being of members of the college.  This shall include an oral or written statement from the Vice President of Student Services that the student is violating or has violated college rules and may be subject to more severe sanctions.

12.  Expulsion.  Permanent denial of the privilege of enrollment at the college.

More than one of the sanctions listed above may be imposed for any single violation.

Other than college suspension or expulsion, disciplinary sanctions shall not be made part of the student's permanent academic record but shall become part of the student's confidential record.

Subpart E. Student Rights and Due Process

Disciplinary action against individual students or groups of students must be administered in the context of a unified and coordinated set of campus regulations and processes to ensure fair, equitable and legal outcomes.  Each person involved in the administration of the Student Code of Conduct of Lake Superior College will set as a goal the fair, objective and humane approach in all conduct cases.  Consistent treatment in disciplinary action is another goal.  Each case, however, must be recognized as a highly individual matter, and consistency for the sake of consistency should not be the dominant concern.
Those involved in administering the Student Code of Conduct should be aware that their efforts are primarily directed toward:

1.   Protecting the integrity and order of the institution, and the morale and reputation of faculty, students and staff.

2.  Educating the student involved with the conduct process so that he/she may learn to discipline himself/herself and accept responsibilities of membership in the college community.

3.  Helping the student gain insight into the reasons and consequences of his/her behavior so that he/she may cope with future difficult situations more successfully.

The administration of the Student Code of Conduct shall also guarantee procedural fairness to an accused student.  Practices in disciplinary cases may vary in formality with the gravity of the alleged offense and the potential sanctions which may be applied.  Sanctions shall be commensurate with the seriousness of the offense and may include suspension/expulsion from the college community.  Repeated violations justify increasingly severe sanctions.  In all cases, procedural fair play requires that a student charged with misconduct be informed of the nature of the charges, given a fair opportunity to refute them, that the institution not be arbitrary in its actions, and that there be provision for appeal of a decision.  Therefore, persons making charges are required to provide pertinent information in writing and, if necessary, appear at a hearing.

Part 4. Process.
Subpart A. Investigation and informal process. Any member of the college community may file a written complaint alleging that a student or organization has violated student conduct proscriptions. Persons filing complaints shall be informed of their rights under the Minnesota Statute 13.04, subdivision 2. Following the filing of a complaint against a student, the Vice President of Student Services or designee shall conduct an investigation of the allegations. The process shall include the following:
1. If the complaint seems unwarranted, the Vice President of Student Services or designee may discontinue proceedings.
2. If there is sufficient evidence to support the complaint, the Vice President of Student Services or designee shall offer the accused student an opportunity to resolve the alleged violation at an informal meeting. Prior to this meeting, the student shall be given written notice of the specific complaint against him/her and the nature of the evidence available to support the complaint and provided with a copy of the code of conduct. During the meeting the Vice President of Student Services or designee shall review the complaint and the evidence with the student and allow the student to present a defense against the complaint. Within a reasonable time period following the meeting, the Vice President of Student Services or designee shall inform the accused student in writing of his/her decision whether a violation of the code was established by a preponderance of evidence and any applicable sanction as well as options available for an appeal and/or a formal hearing.
3. A student who is subject to a sanction of expulsion or suspension, except summary suspension, for more than nine days may agree to accept the sanction, or may request a formal hearing prior to implementation of the sanction. Other sanctions shall be accepted or may be appealed in accordance with the college's appeal procedures.
4. If the accused student fails to appear for the informal hearing, the Vice President of Student Services or designee may proceed to review and act upon the complaint in his/her absence and shall notify the student in writing of an action taken.
Subpart B. Formal hearing and due process rights.
1. The formal hearing procedure shall be conducted by the judicial panel. The Judicial Panel shall consist of an academic dean, two faculty members, one staff member, a counselor, and two student representatives.  Students serving on the judicial panel shall be elected by the student body or appointed by the campus student association.

2. Students referred for the formal hearing shall be given adequate advance notice in writing of the time, place, and date of the hearing.  A student's failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled.

3. Within a reasonable time prior to the hearing, the student must be informed in writing of:  a. the complaint, b. the evidence to be presented against him/her, c. a list of witnesses, and d. the nature of their testimony.

4.  The student shall be given the opportunity to speak in his/her own defense, to present witnesses and to question any witnesses and to have an advocate present. The advocate may provide advice to the student, but may not participate in any questioning. 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 advocate.

5. Proceedings normally will be conducted in private.

6. Admission of any person to the proceeding shall be at the discretion of the Judicial Panel.

7. In proceedings involving more than one accused student, the Judicial Panel may at its discretion permit the proceedings concerning each student to be conducted separately.

8. A written notice of findings and conclusions shall be provided to the student within five working days after the hearing.  The notice shall inform the student of any sanction to be imposed.  The notice shall also contain information regarding any applicable appeal process. 

Subpart C.  Appeals.

Following the panel's decision, a student may request an appeal hearing before the President.  The request for an appeal to be heard must be submitted in writing to the Vice President of Student Services within five days of the date of the notification of the decision. The Vice President of Students Services will forward the information to the President.   Failure to file an appeal or request an extension in a timely manner constitutes a waiver of any right to an appeal.  The basis for an appeal will be limited to the following grounds:

1)  The sanction is excessively severe.

2)  New or newly discovered evidence of a nature which may substantially affect the outcome of the hearing.

3)  There was a procedural error which substantially affected the outcome of the hearing.

The appeal letter will be reviewed and, if there is adequate reason to believe that one or more of the grounds for appeal has merit, an appeal hearing will be scheduled between the accused student and the President.  A student's attorney or advocate may attend this meeting if criminal charges are pending against the student.  In the event that new evidence is relevant to the outcome of the decision, the President may request a re-hearing by the original panel.  The President will render a decision and notify the student in writing within five days of the appeal hearing.

Subpart D.
Chapter 14-Contested Case Hearing: Students who are suspended for more than ten days or are expelled may request a contested case hearing before an administrative law judge supplied by the Minnesota State Hearing Examiner's Office in Saint Paul, Minnesota.  The hearing officer will issue a recommendation to the President of the college who will make the final decision.

Part 5.   Summary Suspensions

In certain circumstances, the Vice President of Student Services may impose a summary suspension prior to the informal or formal proceedings described in previous articles.  A summary suspension may be imposed only when, in the judgment of the Vice President of Student Services, the accused student's presence on the college campus would constitute a threat to the safety and well-being of members of the campus community or college property.  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.  However, the refusal of a student to accept or acknowledge this notice shall not prevent the implementation of a summary suspension.  Notice of the summary suspension shall be provided in writing to the student.  After the student has been summarily suspended, the student shall be provided an opportunity for a formal or informal hearing within the shortest reasonable time period, not to exceed nine days.  During the summary suspension, the student may not enter the campus without obtaining prior permission from the Vice President of Student Services.  If the student is unavailable or incarcerated, it may not be possible to provide due process.

Part 6. Academic Misconduct

All students have the right to pursue their academic careers in an atmosphere based on honesty and trust.  Acts of academic misconduct destroy that atmosphere, violate that trust, and are therefore subject to penalty.  This section of the Lake Superior College Student Code of Conduct defines what acts of academic misconduct are and presents the procedure for imposing penalties for such acts.  Acts of academic misconduct necessarily involve the Vice President of Academic Affairs, academic deans, department heads, and faculty.  Therefore, the procedures for investigating complaints and imposing penalties for academic misconduct differ somewhat from those applied to social misconduct.

A fundamental concept of all educational institutions is academic honesty.  All academic work depends upon respect for and acknowledgment of the research and ideas of others.  Misrepresentation of someone else's work as one's own is a most serious offense in any academic setting.  Therefore, academic misconduct in relationship to academic dishonesty, including any form of cheating and plagiarism, cannot be condoned.  Academic misconduct, as referenced, includes, but is not limited to, the following:

1.  Cheating: the use of unauthorized materials, methods, or information in any academic exercise, including improper collaboration (electronic or otherwise).

2.  Plagiarism: the representation of the words or ideas of another as one's own, including:

     2.1 Direct quotation without both attribution and indication that the material is being directly quoted, e.g., quotation marks; paraphrase without attribution.
     2.2 Paraphrase with or without attribution where the wording of the original remains substantially intact and is represented as the author's own.
     2.3 Expression in one's own words, but without attribution, of ideas, arguments, lines of reasoning, facts, processes, or other products of the intellect where such material is learned from the work of another and is not part of the general fund of common academic knowledge.
     2.4 Fabrication: the falsification or invention of any information or citation in an academic exercise.
     2.5 Fraud: the falsification, forgery, or misrepresentation of academic work, including the re-submission of work performed for one class for credit in another class without the informed permission of the second instructor; or the falsification, forgery or misrepresentation of other academic records or documents, including admission materials and transcripts; or the communication of false or misleading statements to obtain academic advantage or to avoid academic penalty.

3.  Bribery or intimidation in relationship to the grading process.

4.   Engaging or assisting others in any portion of the aforementioned acts.

Subpart A. Procedures

1. Informal Judicial Process
A faculty member has the right to remove a student from a class session prior to activating the informal judicial process if that student is interfering with the learning environment and the rights of other students.  If a faculty member believes that misconduct warranting discipline has occurred, he/she shall inform the student concerned, both in writing and orally, and offer to confer.  If the student foregoes such a conference, or if after the conference the faculty member remains convinced that misconduct warranting discipline has occurred, he/she may, among other options, treat any work in question or an entire course as unsatisfactory, informing the student thereof.  Additionally or alternatively, the faculty member may refer the matter to his or her academic dean.  If the dean determines that sufficient cause exists to warrant consideration of additional discipline, the dean may initiate formal hearing proceedings.  The student may initiate formal hearing proceedings at any time.

2. Formal Judicial Process
Students have the right to appeal decisions resulting from this policy.  A written appeal must be made to the Vice President of Academic Affairs within five (5) working days after written notification of the decision which is being appealed.  The Vice President of Academic Affairs will make a decision and then notify the appellant.

Subpart B. Classroom Misconduct
Beyond the act of academic dishonesty, there are other modes of conduct that serve to undermine the academic success of students during classroom instruction.  Therefore, students are prohibited from impeding an environment conducive to learning, whether it be during traditional instruction, instruction through technological means, instruction within a learning center, instruction by way of tutoring, or instruction by way of individual study on the campus of Lake Superior College.  Hence, any student who is found to disrupt the educative process of another student, or other students, is subject to sanctions as described in the informal judicial process for academic misconduct.  Academic misconduct, as so referenced, includes, but is not limited to, the following:

1.  Being openly disruptive.
2.  Engaging in verbal outburst, talking loudly to classmates independent of class discussion.
3.  Talking in an openly abusive manner or disrespectful manner to the instructor and/or to classmates.
4.  Disregarding verbal and/or written instruction in relationship to expected codes of conduct during classroom instruction.
5.  Initiating or participating in inappropriate conduct (e.g., horseplay) that disrupts classroom activities.
6.  Using any device to cause disturbance inside or outside the classroom during instruction.
7.  Continuing to engage in inappropriate interaction with the instructor, after one has been counseled not to continue adverse behavior.

Part 7.  Release of Information

Lake Superior College will not release to the media the results of the outcomes of disciplinary procedures resulting from its student investigations, including those which involve criminal offenses.  Such records may be released to government agencies exercising jurisdiction.

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