STUDENT
CODE OF CONDUCT
I. Purpose of Code
The College requires students to conduct their
affairs with proper regard and mutual respect for the College and the members
of its community. In seeking to
encourage responsible conduct, the College will rely upon counseling and
admonition. When necessary, the College
will use this Code to: 1) ensure the orderly administration of the College's
academic, athletic and social offerings; 2) secure the opportunity of all
students to pursue peacefully their educational objectives; 3) protect the
health, safety and welfare of the College and the members of its community; and
4) maintain and protect the real and personal property of the College and the
members of its community.
This Code applies in addition to other College and System policies and regulations,
local ordinances, and state and federal laws.
Students whose conduct violates
those authorities may also be subject to their sanctions and penalties.
Finally, the Residence Hall Agreement between a student and the College imposes
similar but additional responsibilities and obligations, and students whose
conduct violates both that Agreement and this Code may be disciplined by the
College under either or both.
II. Persons Governed by
Code
This
Code applies to persons who are students and to organizations that are student
organizations at the time of the alleged conduct. Students and student organizations are also responsible for the
conduct of their guests, and this Code may be invoked against students and
student organizations whose guests violate the Code. When a student is alleged to have violated
the Code at a College other than the College in which the student is enrolled,
the violation will be referred for disposition to the student's campus of
enrollment.
III. Conduct Governed by
Code
This
Code applies to conduct, wherever it occurs, that: 1) involves the real
property owned, occupied or otherwise used by the College; 2) involves the
personal property owned, occupied or used by the College community; 3) involves
a College or College-related activity, event or function; 4) poses an imminent
or substantial threat to persons or property in the College community; and/or
5) otherwise interferes with the objectives or adversely affects the interests
of the College or members of its community.
Examples of violations of this Code include, but are not limited to:
A.
Fraudulent
conduct, which includes, but is not limited to: 1) plagiarism;
2) cheating; 3) supplying or assisting to supply false information to College
personnel; 4) violating a professional code of conduct or ethics; 5)
unauthorized representation of the College or its personnel; 6) failing to
identify oneself to College personnel; and/or 7) tampering with or falsifying
official documents or records.
B.
Conduct
that disregards the welfare, health or safety of the College community, which
includes, but is not limited to: 1) assault, harassment or intimidation; 2)
false reports of fire or other dangerous conditions; 3) unauthorized use or
possession of weapons, explosive components or chemicals, including fireworks,
firearms, explosives, gas or compressed air; 4) disturbing authorized
activities or the peaceful operation of the College; 5) use, possession, sale
or distribution of alcoholic beverages or drugs as prohibited by law or College
policy; 6) being under the influence of drugs or alcohol while on College
property or at College related events; 7) action prohibited by health or safety
regulations; 8) creation of a fire hazard or other dangerous condition; 9)
restriction of vehicular or pedestrian traffic flow into or out of College
property or facilities; 10) action that produces mental or physical discomfort,
embarrassment, harassment or ridicule to any member of the College community; 11)
intentionally placing a person or persons in reasonable fear of physical harm;
12) lewd or indecent behavior; 13) tampering with fire or safety equipment; 14)
parking violations; and/or 15) disobeying the lawful order of College
personnel.
C. Improper use of property, which
includes but is not limited to 1) misuse, destruction, defacement or
unauthorized requisition, removal or use of College or College community
property; 2) unauthorized presence on College property; and/or 3) violation of
College or System computer use policies.
D. Other conduct that interferes with the
orderly business of the College, which includes, but is not
limited to 1) failure to comply with a sanction imposed by the College; 2)
interference or refusal to cooperate with an inquiry under the Code; 3)
continuous violations of the Code; 4) assistance in the violation of any of the
provisions of the Code; 5) acts of discrimination; and/or 6) conduct prohibited
by law, College or System policy.
Students
who violate this Code may be subject to one or more sanctions which include,
but are not limited to: 1) an apology; 2) reprimand; 3) probation; 4) work or
service requirement; 5) restitution; 6) fine; 7) prohibition from College
classes, functions or facilities; 8) forfeiture of room fee, room deposit and
security deposit; 9) suspension or dismissal from a portion of the College; 10)
suspension or dismissal from the whole of the College; 11) referral for
criminal prosecution; and/or 12) any other action as the College deems
appropriate. The Dean may suspend
immediately a student if the Dean determines that the student's presence at the
College poses an imminent threat of harm to a person or property in the College
community. Such suspension shall take
effect when so designated and may not be stayed pending appeal unless otherwise
determined by the President.
V.
Procedure
A. Investigator
The College Dean of Students (“Dean”) and/or
disciplinary officer (“Officer”) (collectively “Investigators”) shall
investigate alleged violations of this Code. Such inquiries shall include
notice to the student of the: 1) complaint; 2) Code sections that may have been
violated; and 3) possible sanctions that may be imposed. The student shall be given an opportunity to
be interviewed.
The Investigator may consider any relevant
and reliable information in determining whether it is more probable than not
that the alleged conduct occurred, and that such conduct violated the
Code. Upon concluding the inquiry, the
Investigator shall notify the student in writing of the Investigator’s findings
of fact, Code provisions violated, if any, and a sanction, if any. The
Investigator’s decision shall take effect when so noted. Sanctions, other than interim suspension,
may, in the discretion of the Dean, be stayed during any appeal. The Dean, but not an Officer, may at this
stage impose a sanction of dismissal or suspension.
The Disciplinary Committee (“Committee”) shall consist of at least three and not more than five members, each appointed by the President. At least one member shall be a faculty member and one member may be a student. The President shall appoint a Chair.
1.
Appeal
The student may appeal to the Committee the findings or decisions of an Investigator. A written appeal must be submitted to the Dean within two (2) school days following the day when the student receives the Investigator’s written decision, and must state specifically the grounds for appeal. A student who fails to file a proper and timely appeal may be deemed to have waived the right to appeal. The President may grant a request by a person materially affected by the alleged Code violation to have the Disciplinary Committee review a decision of the Disciplinary Officer to dismiss a case or to impose a relatively low sanction.
2. Hearing
After receiving the student's appeal, the Committee Chair shall notify the student, Dean and/or Officer of the time and location for the hearing. A hearing shall be held as soon as practical and shall proceed as follows: The Committee Chair shall preside; the Dean and/or Officer will present the charges, evidence and findings against the student; the student will respond to the case presented by the Dean and/or Officer; and the Dean and/or Officer and student may then each present closing arguments.
All
or a portion of the hearing may, in the discretion of the Committee, be closed
to persons other than those recognized by the Chair. If a party does not attend
the hearing, the Committee may commence the hearing or continue the hearing to
a later time or date. The student may be assisted by a person during the
hearing and attendant proceedings and that person may advise, but not speak on
behalf of, the student. Only the members
of the Committee may pose questions to the witnesses or parties. The Committee
is not bound by court rules of evidence.
3.
Decision
The
Committee will convene in closed session to find facts and determine any Code
violation(s). The Committee may consider any relevant and reliable information
in determining whether it is more probable than not that the alleged conduct
occurred, and that such conduct violated the Code. The Committee is not bound
by the Investigator’s findings and sanctions.
The Committee may impose any appropriate sanction up to and including
dismissal. Disciplinary sanctions imposed by the Committee take effect
immediately unless otherwise specified. A majority vote of Committee members
present and voting will prevail.
After
the hearing, the Committee shall notify the student in writing of the facts
found to be true; the Code section(s) violated; the disciplinary sanction; and
the student's limited right to appeal to the College President.
A student may appeal to the President only a
Committee sanction of suspension or dismissal from the College. Such appeal must be submitted in writing to
the President within two (2) school days following the day when the student
receives the Committee's written decision, and must state specifically the
grounds for appeal. Such appeals shall be limited to the Committee's procedures
and the appropriateness of the sanction.
A student who fails to file a proper and timely appeal may be deemed to
have waived the right to appeal. The
President may also grant a request by a person materially affected by the
alleged Code violation to review a decision of the Disciplinary Committee to
dismiss a case or to impose a relatively low sanction. In all cases, the President shall issue a
written decision as soon as practical after the hearing. The President is not
bound by the decisions of either the Investigator or Committee.
VI. Amendments
Amendments
to this Code shall take effect upon majority approval of the Presidents'
Council and upon notice to the Executive Committee of the MTCS Board of
Trustees. The MTCS Board of Trustees
shall review annually amendments to the Code made in the preceding academic
year.
VII. Definitions
The
following terms have the following meanings when used in this Student Code of
Conduct, unless the context indicates otherwise:
"Code" means this Student Code
of Conduct. "College" means a
college of the Maine Technical College System; "College Activity" means an activity under the auspices
of the College, including activities of students and student organizations; "College Community" means any
person or organization that attends, performs services for, is employed by,
visits or otherwise uses the College; "College
Personnel" means any instructor, administrator, employee, committee or
contractor of the College or System; "Course"
means any class of instruction, regardless of credit, offered by the College; "President" means the College
President or the President's designee; "Property"
means the real and personal property controlled through ownership, rental,
charter or other means by the System, College, State of Maine or a member of
the College Community.
"Property" includes written documents and computer programs,
files and resources; "School
Day" means a day that the College is open for instruction; "Student" means a person
enrolled in a course of the College and includes, unless otherwise noted,
student organizations; "Student Organization" means
an organization that acts or purports to act for a student in matters regarding
the College; and "System"
means the Maine Technical College System.
c:\gcnsl/doc/Student
Code of Conduct-2002Redraft
12/18/2002