THE STUDENT HANDBOOK 2006-2007
Conduct and Discipline
A. POLICY STATEMENT
College students are citizens of the local, state and national governments and of the academic community and are, therefore, expected to conduct themselves as law-abiding members of each community at all times. Admission to an institution of higher education carries with it special privileges and imposes special responsibilities apart from those rights and duties enjoyed by non-students. In recognition of the special relationship that exists between the institution and the academic community which it seeks to serve, the Tennessee Board of Regents has authorized the President of the College to take such action as may be necessary to maintain campus conditions and preserve the integrity of the institution and its educational environment.
Pursuant to this authorization, the College has developed the following regulations which are intended to govern student conduct on the campus. In addition, students are subject to all national, state and local laws and ordinances. If a student’s violation of such laws or ordinances also adversely affects the institution’s pursuit of its educational objectives, the institution may enforce its own regulations regardless of any proceedings instituted by other authorities. Conversely, violation of any section of these regulations may subject a student to disciplinary measures by the institution whether or not such conduct is simultaneously violative of local, state or national laws.
When a student fails to abide by the rules and regulations of the College or fails to obey the ordinances of local, state and national governments, disciplinary action may be taken.
Volunteer State embraces the philosophy that the proper aim of discipline is teaching. Therefore, the discipline of students in this educational community is a part of the teaching process. Toward that end, due process is established and observed.
The Vice President for Student Services, who is responsible for the enforcement of disciplinary policies and procedures, will observe the proper aim of discipline, observe the procedure of due process, consider all evidence, determine the facts, render a decision and impose appropriate disciplinary sanction(s) when a student has been charged with violation of College rules and/or regulations.
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B. DISCIPLINARY OFFENSES
(1) Generally, through appropriate due process procedures, institutional disciplinary measures shall be imposed for conduct which adversely affects the institution’s pursuit of its educational objectives, which violates or shows a disregard for the rights of other members of the academic community, or which endangers property or persons on institution or institution-controlled property.
(2) Individual or organizational misconduct which is subject to disciplinary sanction shall include but not be limited to the following offenses:
(a) Conduct dangerous to others. Any conduct which constitutes a serious danger to any person’s health, safety or personal well-being, include any physical abuse or immediate threat of abuse;
(b) Hazing. Hazing means any intentional or reckless act in Tennessee on or off the property of any higher education institution by one (1) student acting alone or with others which is directed against any other student, that endangers the mental or physical health or safety of that student, or which induces or coerces a student to endanger such student's mental or physical health or safety. Hazing does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.
(c) Disorderly conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs other groups or individuals.
(d) Obstruction of or interference with Institutional activities or facilities. Any intentional interference with or obstruction of any institutional activity, program, event or facilities, including the following:
1. Any unauthorized occupancy of institution or institutionally controlled facilities or blockage of access to or from such facilities.
2. Interference with the right of any institution member or other authorized person, to gain access to any institution or institutionally controlled activity, program, event or facilities.
3. Any obstruction or delay of a campus security officer, fireman, or any institutional official in the performance of his/her duty.
(e) Misuse of or damage to property. Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defac-ing, disfiguring or unauthorized use of property belonging to the institution including, but not limited to: fire alarms, fire equipment, elevators, telephones, institution keys, library materials and/or safety devices; and any such act against a member of the institution community or a guest of the institution;
(f) Theft, misappropriation, or unauthorized sale. Any act of theft, misappropriation, or unauthorized possession of sale of institution property or any such act against a member of the institution community or a guest of the institution;
(g) Misuse of documents or identification cards. Any forgery, alteration of or unauthorized use of institution documents, forms, records or identification cards including necessary information in connection with a student’s admission, enrollment or status in the institution;
(h) Firearms and other dangerous weapons. Any unauthorized or illegal possession of or use of firearms or dangerous weapons of any kind;
(i) Explosives, fireworks, and flammable materials. The unauthorized possession, ignition or detonation of any object or article which would cause damage by fire or other means to persons or property or possession of any substance which could be considered to be and used as fireworks;
(j) Alcoholic beverages. The use and/or possession of alcoholic beverages on college owned or controlled property.
(k) Drugs. The unlawful possession or use of any drug or controlled substance (including any stimulant, depressant, narcotic, or hallucinogenic drug or substance, or marijuana), or sale or distribution of any such drug or controlled substance;
(l) Gambling. Gambling in any form;
(m) Financial Irresponsibility. Failure to meet financial responsibilities to the institution promptly including, but not limited to, knowingly passing a worthless check or money order in payment to the institution community acting in an official capacity;
(n) Unacceptable conduct in hearings. Any conduct at any institutional hearing involving contemptuous, disrespectful, or disorderly behavior, or the giving of false testimony or other evidence at any hearing.
(o) Failure to cooperate with institutional officials. Failure to comply with directions of institutional officials acting in the performance of their duties;
(p)Violations of general rules and regulations. Any violation of the general rules and regulations of the institution as published in an official institutional publication, including the intentional failure to perform any required action or the intentional per-formance of any prohibited action;
(q)Attempts and aiding and abetting the commission of offenses. Any attempt to commit any of the foregoing offenses, or the aiding and abetting of the commission of any of the foregoing offenses (an “attempt” to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission);
(r) Violations of state or federal laws. Any violation of state or federal laws or regulations proscribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference.
(s) Harassment. Any act of harassment by an individual or group against a student, college employee, or campus group. Harassment shall include but not be limited to: insults, heckling, verbal abuse, threats of physical abuse, unwanted suggestions of a sexual nature, repeated teasing or annoyance to another, repeated unsolicited phone calls made with the intent to harass or other actions intended to disturb others.
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(3) Disciplinary action may be taken against a student for violation of the foregoing Regulations which occur on institutionally owned, leased, or otherwise controlled property, or which occur off-campus when the conduct impairs, interferes with or obstructs any institutional activity or the missions, processes and functions of the institution. In addition , disciplinary action may be taken on the basis of any conduct, on or off-campus, which poses as substantial threat to persons or property within the institutional community.
(4) For the purpose of these Regulations, a “student” shall mean any person who is registered for study at the College for any academic period. A person shall be considered a student during any period which follows the end of an academic period which the student has completed until the last day for registration for the next succeeding regular academic period, and during any academic period which the student is under suspension from the institution.
C. ACADEMIC AND CLASSROOM MISCONDUCT
(1)The instructor has the primary responsibility for control over classroom behavior and maintenance of academic integrity and can order the temporary removal or expulsion from the classroom of any student engaged in disruptive conduct or conduct that violates the general rules and regulations of the institution. Extended or permanent exclusion from the classroom or further disciplinary action can be effected only through appropriate procedures of the institution.
(2)Plagiarism, cheating, and other forms of dishonesty are prohibited. Students guilty of academic misconduct, either directly or indirectly through participation or assistance, are immediately responsible to the instructor of the class. In addition to other possible disciplinary sanctions which may be imposed through the regular institutional procedures as a result of academic misconduct, the instructor has the authority to assign an F or a zero for the exercise or examination or to assign an F in the course.
(3) If the student believes that he or she has been erroneously accused of academic misconduct and if his or her final grade has been lowered as a result, the student may appeal the case through the appropriate institutional procedures.
D. DISCIPLINARY SANCTIONS
(1)Upon a determination that a student or organization has violated any of the rules, regulations, or disciplinary offenses set forth in these Regulations, the following disciplinary sanctions may be imposed, either singly or in combination by the appropriate institution officials.
(2) Definition of Sanctions.
(a)Restitution. A student who has committed an offense against property may be required to reimburse the institution or other owner for damage to or misappropriation of such property. Any such payment in restitution shall be limited to cost of repair or placement.
(b) Warning. The appropriate institutional officials may notify the student that continuation or repetition of specified conduct may be cause for other disciplinary action.
(c) Reprimand. A written reprimand or censure, may be given any student or organization whose conduct violates any part of these Regulations. Such a reprimand does not restrict the student in any way, but does have important consequences. It signifies that he or she is in effect being given another chance to conduct himself or herself as a proper member of the institution community, but that any further violation may result in more serious penalties.
(d) Restrictions. A restriction upon a student’s or organization’s privileges for a period of time may be imposed. This restriction may include, for example, denial of the right to represent the institution in any way, denial of use of facilities, parking privileges, participation in extracurricular activities or restriction of organizational privileges.
(e) Probation. Continued enrollment of a student on probation may be conditioned upon either adherence to these Regulations. Any student placed on probation will be notified of such in writing and will also be notified of the terms and length of the probation. Probation may include restrictions upon the extracurricular activities of a student. Any conduct in violation of these Regulations while on probationary status may result in the imposition of a more serious disciplinary action.
(f) Suspension. If a student is suspended, he or she is separated from the institution for a stated period of time with conditions of readmission stated in the notice of suspension.
(g) Expulsion entails a permanent separation from the institution. The imposition of this sanction is a permanent bar to the student's readmission to the institution.
(h) Interim or summary suspension. Though as a general rule, the status of a student accused of violations of these Regulations should not be altered until a final determination has been made in regard to the charges against him, summary suspension may be imposed upon a finding by the appropriate institutional official that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well-being of the accused, or of any other member of the institution community or its guests, destruction of property, or substantial disruption of classroom or other campus activities. In any case of immediate suspension, the student shall be given an opportunity at the time of the decision or immediately thereafter to contest the suspension, and if there are disputed issues of fact or cause and effect, the student shall be provided a hearing on the suspension as soon as possible.
(3)The President of the College is authorized, in his or her decision, to subsequently convert any sanction imposed to a lesser sanction, or to rescind any previous sanction in appropriate cases.
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E. DISCIPLINARY PROCEDURES
(1) General Statement. When a student fails to abide by the rules and regulations of the College or fails to obey the ordinance of local, state and national governments, disciplinary action may be taken in accordance with the procedures described herein.
Institutional measures shall be imposed for conduct which adversely affects the College's pursuit of its educational objectives which violates or shows a disregard for the rights of members of the College community or which endangers property or persons of the College.
(2)Tennessee Uniform Administrative Procedure Act. All cases which may result in (i) suspension or expulsion of a student from the institution, a program, or a course for disciplinary reasons, or (ii) revocation of recognition of a student organization disciplinary reasons are subject to the contested case provision of the Tennessee Uniform Administrative Procedure Act (TUAPA) and shall be processed in accordance with the uniform contested case procedures adopted by the Board of Regents unless the student waives those procedures in writing and elects to have his or her case disposed of in accordance with College hearing procedures established by these rules.
(3) Enforcement. The Vice President for Student Services is responsible for the enforcement of the College student disciplinary rules and procedures.
(4) Preliminary Conference. The Vice President for Student Services shall call the accused student to a preliminary conference where the student shall be apprised of his/her basic rights as stated in these rules.
(5)Hearing Alternatives. If a student denies guilt, the student shall be advised of his/her opportunity to elect the procedure he/she wishes to pursue toward the disposition of a proposed action against him/her as specified below.
(a)Hearing Before Dean of Students. The Vice President for Student Services shall hold a hearing, observe the proce-dures described in section (6) below, consider all evidence, determine the facts, render a decision and impose appropriate disciplinary sanction(s) as necessary. Hearings under this procedure shall be available to students charged with any violation of College rules; provided, however, the Vice President for Student Services may refer any disciplinary case to the Ad Hoc Committee on Student Discipline of fairness and justice would require referral.
(b) Hearing Before College Ad Hoc Committee on Discipline Pursuant to College Procedures. The Ad Hoc Committee on Discipline shall hold a hearing, observe the procedures described in section (6) below, consider all evidence, determine the facts, render a decision and impose appropriate disciplinary sanction(s) as necessary. Hearings under this procedure are available to students charged with any violations of College rules.
(c) Hearing Before College Ad Hoc Committee on Discipline Pursuant to TUAPA. The Ad Hoc Committee on Discipline shall hold a hearing in accordance with uniform contested case procedures adopted by the Board of Regents. Hearings under these procedures are available in all cases which may result in (i) suspension or expulsion of a student from the institution, a program, or a course for disciplinary reasons, or (ii) revocation of recognition of a student organization for disciplinary reasons and shall be utilized unless the student waives those procedures in writing and elects to have his/her case disposed of in accordance with other procedures established by these rules.
(6) College Hearing Procedures. In all disciplinary hearings conducted before the Vice President for Student Services and the Ad Hoc Committee on Discipline, other than cases conducted pursuant to the contested case provisions of The Tennessee Uniform Administrative Procedure Act, the following procedures shall be observed:
(a)The student shall be advised on the time and place of the hearing at least five (5) days prior to the hearing;
(b) The student shall be advised of the breach of rules or regulations of which he/she is charged;
(c)The student shall be advised of the following rights:
1. The right to present his/her case;
2.The right to be accompanied by an advisor whose participation shall be limited to counseling the student and shall not include representation;
3. The right to call witnesses in his/her behalf; and
4. The right to confront witnesses against him/her; and
(d)The student shall be advised of the right and method of appeal.
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(7) Appeal Procedures.
(a) Appeal from Decisions of the Vice President for Student Services.
1.A student who wishes to challenge the disciplinary sanction(s) imposed by the Vice President of Student Services must file a Petition for Appeal of Disciplinary Sanction(s) with the Chairman of the Ad Hoc Committee on Discipline.
2.The petition may be secured from the Office of the Vice President for Student Services and must be filed within forty eight (48) hours after sanction(s) was/were imposed.
3.The Committee shall consider the grounds of the student’s appeal toward determining:
(i)Was due process followed?
(ii)Was the evidence in the case substantial enough to justify a decision against the student as imposed by the Vice President?
(iii)Has new and substantial evidence become discovered to justify a probable reversal of the previous decision?
(iv)Was the sanction imposed by the Vice President in keeping with gravity of the wrong doing?
4.The Committee shall secure and review all evidence of record in the case and render a decision.
5.The committee shall notify the student, in writing, that his/her petition has been granted or denied.
6.Appeal from Decisions of Ad Hoc Committee on Discipline (Hearing Held Pursuant to College Procedures). A student may appeal the decision of the Ad Hoc Committee on Discipline in a hearing held pursuant to College procedures to the President of the College. The decision of the President shall be final subject only to any appeal provided by policies of the Board of Regents.
(a) Appeal from Decisions of Ad Hoc Committee on a Discipline (Hearing Held Pursuant to TUAPA ).A student's right to appeal a decision of the Ad Hoc Committee on Discipline in a hearing held pursuant to the TUAPA shall be governed by the provisions of the Tennessee Uniform Administrative Procedures Act.
(8)Privacy of Disciplinary Proceedings. Personal confidences and the identities of students involved in disciplinary proceedings will be protected to the extent reasonably possible.
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F. COMPUTER SOFTWARE USAGE
1.Volunteer State licenses the use of its computer software from a variety of public and private sources. Volunteer State does not own this software or its related documentation and, unless authorized by the software developer, does not have the right to reproduce it.
2.With regard to use on multiple machines, Volunteer State students shall use the software only in accordance with the licensed agreement.
3.Volunteer State students and employees learning of any misuse of software or related documentation within the institution shall notify the Director of Academic Computer Services.
4.Volunteer State students making, acquiring or using unauthorized copies of computer software will be disciplined as appropriate under the circumstances.
5.According to the U.S. Copyright laws, illegal reproduction of software can be subject to civil damage of $50,000 or more, and criminal penalties including fines and imprisonment.
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