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Student Code of Conduct Procedure # 3.0601.0001

Part 1. Purpose:

É«ÖÐÉ« has established procedures to implement this Student Code of Conduct Policy.

Part 2. Scope/Applicability:

This procedure applies to all SCC Students.

Part 3. Definitions:

College means É«ÖÐÉ«.

Administrator means the person designated by the College President to administer the Code of Student Conduct and to impose sanctions upon students found to have violated the Code of Student Conduct.

Advocate means an individual who advises a student during the process.

Student includes all persons who:

Respondent means any student accused of violating the Student Code of Conduct.

College premises include all land, buildings, facilities and other property in the possession of or owned, used or controlled by the College, including adjacent streets and sidewalks. The Student Code of Conduct applies to all locations rented by the College, including facilities as part of an Education Abroad program.

Complainant means any person who submits a complaint alleging that a student violated the Code of Conduct. A student who believes that s/he has been a victim of another student’s misconduct will have the same rights under this Code as are provided to the Complainant, even if another member of the College community submitted the complaint itself.

Member of the college community includes any person who is a student, staff or faculty member, administrator or any other person employed by the college.

Organization means any number of persons who have complied with the formal requirements for College registration as a Student Senate recognized club or Student Life funded group.

Preponderance of evidence means a standard of responsibility that more likely than not the Code has been violated.

Student Conduct Board means any person or persons authorized by the Administrator and appointed by the SCC Student Senate to determine whether a student has violated the Student Code of Conduct and to recommend sanctions that may be imposed or to consider an appeal as to whether a student has violated the Code or the sanctions imposed by the Administrator.

Part 4. Procedures:

Subpart A. Filing a Complaint:

Any member of the college community may submit in writing any concern that a student or organization has violated the Student Conduct Code. The submitter shall be informed of rights in accordance with applicable privacy laws and policies including, but not limited to the Minnesota Government Data Privacy Act (MGDPA), the federal Family Educational Rights and Privacy Act (FERPA) and É«ÖÐɫ’s Data Privacy Policy.

Following the submission of a concern against a student or student organization, the Administrator shall conduct an investigation of the allegations. The process will include the following practices:

  1. If the concern seems unwarranted, the Administrator may discontinue the proceedings.
  2. If there is sufficient evidence, the Administrator shall give the student written notice of the specific concern against him/her and the nature of the evidence available to support that concern, as well as a copy of the Student Code of Conduct.
  3. Informal Meeting:  The accused student will be invited to attend an informal meeting with the Administrator where the accused student shall have the opportunity to accept responsibility and resolve the alleged violation or present a defense against the complaint. If the student accepts responsibility and agrees to a sanction, there shall be no subsequent proceedings. Within a reasonable time period following the meeting, the Administrator will 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.
  4. Failure to Appear:  If the accused student fails to appear for the informal hearing, the Administrator 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:

The Student Conduct Board is made up of members of the college community.  The Administrator is responsible for convening a Student Conduct Board and for providing appropriate training to members of the Student Conduct Board.

In hearings involving more than one accused student or organization, the Administrator, at his/her discretion, may permit the hearing concerning each student to be conducted either separately or jointly.

Section 1. Composition of Board:

Student Conduct Board (SCB) shall include six members who have been trained in conduct proceedings; three students (appointed by the Student Senate, one faculty member (appointed by the AASC), one staff member and one administrator (designated by the Vice President of Student Affairs). The Administrator shall be present and serves as a non-voting chairperson to advise the hearing process.

Section 2. Written Notice:

Students or organizations referred for a formal hearing shall be given five days of notice in writing of the time, place, and date of the hearing. A student’s or organization’s failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled.

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.

Section 3. Representation:

The student shall be given the opportunity to speak on 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 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.

Section 4. Conducting the Hearing:

The formal hearing will be conducted as follows:

  1. The Administrator presents an opening statement of the charges and a summary of the supporting evidence.
  2. The Respondent presents an opening statement of testimony or evidence to refute the charges.
  3. The Administrator calls witnesses for the College.  At the conclusion of each witness statement, the Respondent and/or members of the panel will have the opportunity to ask questions of the witness.
  4. The Respondent will call witnesses to speak on his/her behalf.  At the conclusion of each witness statement, the Administrator and/or the panel will have the opportunity to ask questions of the witness.
  5. The Administrator provides concluding remarks.
  6. The Respondent provides concluding remarks.
  7. In a closed session, the Student Conduct Board shall review the evidence and witness testimony.  Using the preponderance of evidence standard, the Student Conduct Board shall determine by majority vote whether it is more likely than not a violation of the student conduct code occurred.  If it is determined that a violation did occur, the Student Conduct Board recommends sanctions to the Administrator who will impose the appropriate sanctioning.
  8. Students can request accommodations through the Disability Office.

Section 5. Conclusions:

A written notice of findings and conclusions by the Student Conduct Board shall be provided to the student within a reasonable time not to exceed 15 instructional 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.

Section 6. Safety Accommodations:

The hearing may accommodate concerns for the personal safety, well-being and/or fears of direct contact with the complainant, alleged student violator and/or other witness, If necessary, SCB will provide for the presence of law enforcement and/or security, separate facilities, use of a visual screen, and/or by participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement or other means, where and as determined in the sole judgement of the administrator to be appropriate.

Subpart C. Sanctions:

The following sanctions may be imposed upon any student or organization found to have violated the Student Code of Conduct.  Written notice of sanctions will be in an archive accessible by the administrator.

Subpart D. Appeals:

A decision reached by the Student Conduct Board or a sanction imposed by the Administrator may be appealed by the respondent(s) or complainant(s) to the President, or other designated administrator, within five (5) class days of the notification of the decision. Such appeals shall be in writing and shall be delivered to the Administrator or his or her designee.

Except as required to explain the basis of new information, an appeal shall be limited to a review for one or more of the following purposes:

If an appeal is not upheld, the President, or other designated administrator, may take any appropriate action. If an appeal is upheld, the matter shall be considered final and binding upon all involved, except in cases involving sanctions of suspension for ten (10) days or longer, in which case students shall be informed of their right to a contested case hearing under Minnesota Statutes, Chapter 14.

Subpart E. Summary Suspension:

In certain circumstances, the Administrator may impose a summary suspension prior to the informal or formal proceedings. A summary suspension may be imposed only when, in the judgment of the Administrator, the accused student’s presence on the college campus would constitute a threat to the safety and well-being of members of the college community. To the greatest extent possible 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, the student shall be provided an opportunity for an informal or formal hearing within the shortest reasonable time period, not to exceed nine (9) school or business days. During the summary suspension, the student may not enter the campus without obtaining prior permission from the Administrator, regardless of the severity of the offense, and may need to be accompanied by a designated staff person.

Part 5. Forms: 

If there are forms associated with the policy, this section should list the forms.  If the forms are web-based, this section should link the form to the website.

Date of Last Review: 02/14/2024

 

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