A student's fundamental right is the right to learn, and the College has a responsibility to provide protections, opportunities and environments that promote learning. The student, in turn, has responsibilities to other members of the Mott Community College community to refrain from interfering with the rights of others to learn, teach, and work.
Any student who commits any of the following acts of misconduct shall be subject to disciplinary action by the college. These regulations shall apply only where a student’s misconduct has adversely affected some college process or function or some other distinct and clear interest of the college as an academic community. College disciplinary proceedings may be instituted against a student charged with violation of a law which is also a violation of the Student Code of Conduct. For example, if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution, proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.Acts Of Prohibited Conduct Include, But Not Limited To, The Following:
- A. Assault and Battery
- Intentionally or recklessly causing physical harm to any person on college premises or at college sponsored activities, or intentionally or recklessly causing reasonable apprehension of such harm.
- B. Weapons
- Unauthorized use, including, but not limited to, possession or storage of any weapon, dangerous chemicals, explosive or incendiary devices on college premises or at college sponsored activities either on or off campus.
- C. Drugs
- Unlawful manufacture, distribution, dispensation, use or possession, or being under the influence of any controlled substance or illegal drug on college premises or at college sponsored activities either on or off campus.
- D. Alcoholic Beverages
- Consumption, possession or being under the influence of any alcoholic beverages, beer and/or wine on college premises or at college sponsored activities either on or off campus unless previously approved in writing by the supervising college official(s).
- E. Disruptive Behavior
- Intentionally or recklessly interfering with normal college sponsored activities, including, but not limited to, studying, teaching, research, college administration, designated areas of activities, fire, security, or emergency services; or inciting others to commit disruptive behavior; any unauthorized occupancy of Mott facilities or access to or from such facilities; or failure to provide identification when directed.
- F. Endangerment
- Intentionally initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency on college premises or at college sponsored activities.
- G. Harassment
- Intimidation or harassment of another student or staff member of the college, including but not limited to, sexual/racial harassment or threats, and may include verbal and/or physical actions. Intentionally making repeated telephone calls to or from the college with intent to annoy, threaten or harass another person. This includes stalking — following or appearing within the sight of another, approaching or confronting another individual in a public or private place, appearing at the work place or residence of another, entering or remaining on an individual’s property, contacting by telephone, or sending mail or electronic mail.
- H. Discrimination
- Intentionally and substantially interfering with the freedom of others on college premises or at college sponsored activities based on age, color, disability, gender, height, weight, marital status, national origin, political affiliation, race, religion, sexual orientation or veteran’s status.
- I. Theft
- Theft of property or of services on college premises or at college sponsored activities. This includes tampering with vending machines. Knowing possession of stolen property on college premises or at college sponsored activities.
- J. Gambling
- Illegal gambling on college premises or at college sponsored events.
- K. Vandalism
- Intentionally or recklessly destroying or damaging the property of others on college premises or at college sponsored activities. Unauthorized use of college facilities. Unauthorized presence in or use of college premises, facilities or property.
- L. Soliciting
- Selling or soliciting goods or services on campus without written permission from the supervising college official(s).
- M. Counterfeiting, Altering, Impersonating or Financial Irresponsibility
- Any forgery, alteration of, or unauthorized use of Mott forms, records, documents or I.D. cards, including the giving of false information or withholding necessary information in connection with a student’s admission, enrollment or status at Mott. Impersonating a Mott Faculty, Staff, or Student to gain access to unauthorized materials. This additionally includes passing a worthless check, money order or other method of payment to the College or to a member of the college community.
- N. Smoking
- Violations of college smoking policy. Smoking prohibition includes e-cigarettes and medical marijuana.
- O. Computer Misuse
- Unauthorized access or attempted access into college records or other student’s computer work or any misuse of college computer facilities. Use of computer networks for sending or receiving illegal, pornographic, or threatening information.
- P. Academic Dishonesty
- All forms of academic dishonesty, including cheating, fabrication, facilitating academic dishonesty, plagiarism and the acquisition, without permission, of tests or other academic materials. See Academic Integrity Policy.
- Q. Inappropriate Hearing Behavior
- Disrespectful or disorderly behavior, or the giving of false testimony or other false evidence at any hearings arising under this policy.
- R. Violations of Sanctions
- Violation of the terms of an imposed disciplinary sanction or violation of the Student Code of Conduct while on disciplinary sanction.
- S. Failure to Appear
- Failing to appear at the request of any disciplinary hearing authorities.
- T. Other Violations
- Violating any laws or regulations (federal, state or local) or violating any published policies or regulations of Mott Community College including, but not limited to, those regarding access or departure from college buildings or structures, use of facilities, the college’s Student Code of Conduct, and other rules and regulations which may be enacted, published, or promulgated by the Board of Trustees or its designees.
- U. Technology Usage
- No electronic communication device, which means a device that emits an audible signal, vibrates, displays a message or otherwise receives or communicates a message, may be active during class without the oral or written consent of the instructor. Such devices may include, but are not limited to, portable pagers, hand-held radios, cellular telephones, PDAs and any technology developed for similar purpose.
This document is also available in the MCC Student Handbook.
Any person may bring a complaint against a student under these procedures based on an alleged violation of the Student Code of Conduct. All such complaints shall be made to the Code of Conduct Investigation Team in writing and in complete detail.
- The Code of Conduct Investigation Team, within 20 working days of the complaint (if feasible), will gather relevant evidence to determine whether there is a reasonable basis for believing that the Student Code of Conduct has been violated. In order to make a determination, the Code of Conduct Investigation Team may interview the complainant and witnesses. During the investigation the Code of Conduct Investigation Team may meet personally with the student accused. In the event the Code of Conduct Investigation Team believes that evidence shows that there is a reasonable basis for believing a violation did occur, a pre-hearing conference will be scheduled. The Code of Conduct Investigation Team may suspend, on an interim basis, the accused at any time during the investigation.
- Interim Suspension:
- If misconduct warrants an immediate suspension from class for the remainder of the
class period, the instructor may do so without a prior hearing. If necessary, Public
Safety officers shall remove the student from the classroom upon the oral request
of the instructor. The instructor will provide a report to the Code of Conduct Investigation
Team as soon as possible. If suspension from additional class sessions seems warranted,
the instructor may request that the Code of Conduct Investigation Team suspend the
student on an interim basis.
The Code of Conduct Investigation Team may suspend a student for an interim period pending disciplinary proceedings or medical evaluation, such interim suspension to become immediately effective without prior notice, whenever there is evidence that the continuing presence of the student on the college premises poses a threat to the physical or emotional safety of any member of the college community or that any personal or public property is jeopardized.
- Pre-Hearing Conference:
- If it is determined that there is a reasonable basis for believing that a violation
of the Student Code of Conduct did occur, a pre-hearing conference will be scheduled
within 20 working days (if feasible) of that determination. Notice shall be given
to the accused in advance of the pre-hearing conference.
The Code of Conduct Investigation Team shall notify the accused that the informal resolution of the matter may be pursued at the pre-hearing conference. The Code of Conduct Investigation Team will inform the accused that picture ID must be presented prior to the pre-hearing conference. Failure to produce ID will forfeit the accused right to attend the pre-hearing conference.
Either the complainant or the student charged with a violation may ask for a postponement of a scheduled hearing by setting forth good cause in writing 24 hours in advance. Except in emergency situations, such a written request for postponement must be received before a scheduled hearing in order to be considered. The Code of Conduct Investigation Team may grant the request based upon good cause being shown.
The pre-hearing conference may be adjourned.
During the pre-hearing conference only the accused may be allowed to present evidence on their behalf. The accused may have a non participating witness in the hearing.
During the pre-hearing conference recording of any type is prohibited.
If a pre-hearing conference does not resolve the matter, the accused may request a formal hearing in writing within 20 working days. If a formal hearing is not requested then the Code of Conduct Investigation Team may issue a final binding resolution. If the student does not attend the pre-hearing conference, sanctions will be applied and communicated by letter.
- Judicial Board Request:
- If a formal hearing is requested a Judicial Board will be convened. The Code of Conduct
Investigation Team shall, in any case, have the right to convene a Judicial Board
(appointed by the Executive Dean of Student Services) to hear an alleged Student Code
of Conduct violation.
Notice of the formal charge(s) and of the time and place of the hearing shall be sent by the Code of Conduct Investigation Team to the student at the address appearing on the records of the college by certified mail.
The notice of a formal hearing shall contain the following:
- A complete and itemized statement of the charge(s) being brought against the student including the prohibited conduct he/she is charged with violating, and the possible penalties for such violation.
- A statement that the student has the following rights:
- to present his/her side of the story.
- to present relevant witnesses and evidence on his/her behalf. Character references shall not be heard.
- to examine witnesses or his/her designee presenting evidence against the student.
- to remain silent without assumption of guilt.
A warning that anything the student says may be used against him/her in other proceedings by any non-college hearing.
Notice of Hearing: If a student fails to appear at a scheduled formal hearing, the Hearing Officer will make a ruling based upon the evidence presented and recommend sanction(s) appropriate to the offense, and the student will be informed in writing.
Notice of at least eight (8) working days shall be given to the student in advance of the formal hearing.
- Hearing Procedures:
- The following procedures shall apply to the hearing.
- All hearings will be tape recorded. Tape recordings will not be made public, but may be used in making a determination on an appeal.
- Hearings are closed unless the student(s) charged requests an open hearing. A request for an open hearing must be made in writing and must be received at least three (3) working days prior to the hearing.
- The Registrar or designee will be the Hearing Officer at the Formal hearing.
- At the start of the hearing, the Registrar or designee shall read the name, date, and time of the hearing into the taped record. The composition of the Judicial Board shall be read into the taped record. The Code of Conduct Investigation Team shall inform the student(s) of the charges, his or her rights, and the hearing procedures. The Judicial Board will consist of three (3)members appointed by the Executive Dean of Student Services.
- The Hearing Officer shall ask the student charged to plead responsible or not responsible. If the student pleads responsible, the student shall be given an opportunity to explain his/her actions. If the student pleads not responsible, the parties shall present the factual versions of the alleged code violation and all evidence.
- The role of the Hearing Officer or the Judicial Board consists of listening to the testimony, asking questions of the witnesses, and reviewing the testimony and the evidence presented at the hearing. The Hearing Officer or the Judicial Board shall render a factual decision as to the existence of a violation of the Student Code of Conduct.
- After all proofs and final statements are presented, the hearing will be adjourned. If a Judicial Board is convened, it will deliberate in unrecorded, closed session. A decision shall be made by majority vote and shall be based solely on the testimony and evidence presented at the hearing and the papers filed by the parties. A decision of the Judicial Board will include a sanction.
- No alleged violation of the Student Code of Conduct will be found except by establishing a violation by a preponderance of the evidence.
- The Code of Conduct Investigation Team will notify all parties concerned, in writing, of the decision and imposed sanction(s) within five (5) working days by certified mail.
- Witnesses expected to testify shall not be present during the testimony of all other witnesses. This rule does not apply to the complainant or the student charged with the Student Code of Conduct violation.
- Any person who disrupts a hearing or who fails to adhere to the rulings of the Hearing Officer may be excluded from the proceedings and may be charged with a violation of the Student Code of Conduct.
- A disciplinary hold will be placed on the records of any student who withdraws from the college prior to the resolution of impending disciplinary action.
- The primary purpose for the imposition of discipline in the college setting is to
protect and preserve the campus community. Consistent with that purpose, reasonable
efforts will be made to foster the personal and social development of those students
who are held accountable for violations of the college’s Student Code of Conduct or
college policies and regulations.
No recommendation for the imposition of sanctions may be based solely upon the accused student’s failure to answer charges or failure to appear at the hearing. In such cases, the evidence in support of the charges shall be presented and considered.
The following sanctions, singly or in combination, may be imposed when a student admits responsibility or is found to have violated the college policies and/or regulations and the Student Code of Conduct. Sanctions for violations of disciplinary regulations include but are not limited to:
- Warning: Notice given orally or in writing, that continuation or repetition of conduct may be the cause for more severe action. A specific period of time may be stated.
- Censure: Written reprimand for violating specified regulations, including the possibility of receiving a more severe sanction in the event of a violation of any college regulation or policy within a stated period of time. Copies of the reprimand may be sent to appropriate college offices and filed in the student’s conduct file.
- Disciplinary Probation: Disciplinary probation means that a further violation may result in suspension or expulsion. Notification of disciplinary status will be sent to appropriate college offices and filed in the student’s conduct file. Probation will be for a specified period of time. Conditions may be imposed.
- Restitution: The student is required to make payment to the college or to other persons, groups, or organizations for monetary damages incurred as a result of a violation of the Student Code of Conduct. When appropriate, restitution may take the form of appropriate community service or other compensation.
- Suspension: Separation of the student from the college for a specified period of time. The student shall not participate in any college sponsored activity on or off campus and may be barred from the college premises. Notification shall appear on the student’s transcript and will be sent to appropriate college offices. A suspension may be made for any period up to one year.
- Disciplinary Dismissal: Permanent separation of the student from the college. Notification will appear on the student’s transcript. The student may also be barred from college premises.
- Other Sanctions: Other sanctions may be imposed instead of or in addition to those specified in sections 1 through 5. For example, students may be required to attend seminars or enroll in specific behavior related classes, educational or rehabilitative programs; or be assigned work, community service or projects.
- Exclusion from college facilities or activities: A student may be prohibited from attending a class, undertaking college employment, entering a building, participating in an extracurricular activity sponsored by the college, representing the college in an official capacity, running for or holding office in any student group or organization, being present in specific areas of the campus, or using other services provided by the college. Such exclusion may be for a definite or indefinite period of time.
- Judicial Appeal Process
- A complainant or student cited may appeal the decision of Judicial Board to the Executive
Dean of Student Services. The request for appeal must be in writing and must be forwarded
to the Executive Dean of Student Services within ten calendar days of the decision
rendered. Failure to file an appeal will render the decision final and conclusive.
The basis for an appeal must be one of the following:
- The student’s right of due process under the Student Code of Conduct was violated.
- To determine whether the decision reached regarding the student charged with a violation was based on sufficient evidence.
- Inconsistent or overly severe imposed sanction.
- To consider new evidence which is sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.
The Dean may:
- Affirm the finding and the sanction imposed by the Judicial Board.
- Affirm the finding and reduce, but not eliminate, the sanction. Sanctions may only be reduced if found to be grossly disproportionate to the offense.
- Remand (order back) the case to the original Judicial Board. Cases may be remanded if specified procedural errors or errors in interpretation of college regulations or policy were so substantial as to effectively deny a fair hearing, or if new and significant evidence became available which could not have been discovered before or during the original hearing.
- Cases may be dismissed if the findings are held to be arbitrary and capricious. On appeal, the decision of the Dean shall be final and conclusive.
- The Student Code of Conduct shall be reviewed every three (3) years under the direction of the Dean of Student Services.