Student Conduct Rights and Responsibilities

(Administrative Procedures - G.19)

The College is committed to maintaining an environment that fosters learning and personal development. All members of the College community are responsible for their own behavior and are expected to be familiar with the rules and regulations of the College. Students are expected to uphold these standards of behavior and to respect the rights of others. Each student shall comply with the rules and regulations of the College, including but not limited to those detailed below.

Definitions

This section of the student code of conduct outlines the definitions of words commonly used in the code.

Student:

1. All persons taking STLCC courses including those offered through work force solutions group, continuing education.
2. All persons who have registered for STLCC courses/programs.
3. All persons who are attending an STLCC course although they may be enrolled in another educational institution.

Accused student:

Any student accused of violating this code of student conduct.

Advisor:

An individual who, in the context of a disciplinary matter, may sit in as a support person with a complainant or accused student. This person may be a fellow student, parent, College staff or faculty member, or attorney. An advisor may communicate only with the individual they are present to support through the process, and shall not otherwise participate in any disciplinary proceeding(s).

College Community:

Any person who is a student, staff, faculty member, College official or any other person employed by the College.

College Official:

Any person employed by the College, performing assigned administrative or professional responsibilities.

Complainant:

Any person who submits a charge or complaint alleging that a student violated this code of student conduct.

Student Group or Organization:

Any number of persons who have complied with the formal requirements for College recognition/registration or attempts to take action of any kind, in a collective matter on College premises or at any officially arranged College activity.

Policy:

Written regulations of the College as found in, but not limited to, the code of student conduct, Board of Trustees policies, and administrative procedures.

Respondent:

A student accused of violating code of conduct (same as accused student).

Student Conduct Hearing Committee:

A group comprised of faculty, staff, and students on each campus responsible for hearing conduct cases when requested as part of an appeal in cases where a sanction of suspension or expulsion has been given in a conduct matter

Student Conduct Administrator:

Any person or persons authorized by the College to determine whether a student has violated the code of student conduct and to recommend sanctions that may be imposed when a rules violation has been committed.

Campus Chief Student Affairs Officer:

Any person who is appointed to the position of oversight of the offices falling under the responsibility of “student affairs” for a designated campus or education center of the College. This person may hold the title of campus vice president of student affairs.

Additionally, the campus chief student affairs officer is the person designated by the College to be responsible for the administration of the code of student conduct for the campus/education center on which they serve in that capacity and, therefore, serves as the primary hearing officer for that campus/education center. Conduct matters involving students enrolled exclusively in online classes will be assigned to a campus chief student affairs officer by the districtwide director equity compliance for resolution.

Jurisdiction

The College has jurisdiction over alleged conduct violations by students or student groups when they occur on College premises, at College sponsored events/programs/activities, or off campus if they adversely affect a substantial College interest. The chief student affairs officer will make the determination as to whether the alleged conduct affects a substantial College interest. An example of conduct that meets this criteria includes, but is not limited to:

Any situation where it appears that the student’s conduct may present a danger or threat to the health or safety of him/herself or others.

The Code of Student Conduct may be applied to behavior conducted online, via email, or through social media. Students should also be aware that online postings such as blogs, web postings, chats and social networking sites are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations. The College may take action when such information is brought to the attention of College officials. However, most online speech by students not involving College networks or technology will be protected as free expression and not subject to this code, with two notable exceptions:

• A true threat, defined as “a threat a reasonable person would interpret as a serious expression of intent to inflict bodily harm upon specific individuals;”
• Speech posted online about the College or its community members that causes a significant on-campus disruption.

The College retains conduct jurisdiction over students who choose to take a leave of absence, withdraw, or have graduated for any misconduct that occurred prior to the leave, withdrawal, or graduation. If a student is sanctioned, a hold may be placed on the student’s ability to re-enroll and/or obtain official transcripts and/or graduate.

Conduct Violations
The aiding, abetting, inciting of, attempting to commit or committing of any act or behavior by a student which interferes with or otherwise disrupts the educational purpose of the College is prohibited and subjects a student to sanctions under the code of conduct. Such acts and behaviors include but are not limited to the following:

A. Dishonesty -

Improper Payment

Students will not make and/or deliver any fraudulent or illegal forms of payment to the College including those which are not supported by sufficient funds on deposit or is in any way worthless.

Providing False Information

No student will knowingly give false or perjured testimony in any College investigation or proceeding. Also, no student will knowingly give false information to a College official or show reckless disregard for the truth.

B. Forgery, Alteration or Misuse of College Documents, Records or Identification -

Student Identification Cards

All students are expected to obtain a College student identification card. In order to borrow books or other library materials, use computer labs, or participate in certain activities, students may be required to present a College identification card. Students are required to present the identification card when requested by College officials. Any misrepresentation, alteration or misuse of identification is prohibited.

Records Falsification

Falsification of College records, including, but not limited to, admissions, registration, disciplinary and health records, by forgery or other means of deception, is prohibited.

C. Hazing

Missouri statutes prohibit students from engaging in any kind of hazing action or situation on or off campus which recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or admission into, affiliation with, or participation in any student organization.

D. Harassment

Any act perceived to be coercive in nature or intimidating to another person or group is prohibited. Racial, ethnic or religious harassment is defined as any verbal, written or physical contact that is injurious or intimidating to members of a racial, ethnic or religious group. Sexual harassment is defined as unwelcome sexual advances, attempts to coerce any member of the College community into a sexual relationship or to punish such persons for refusing to submit to sexual advances, or conduct of a sexual nature which creates an intimidating, hostile, or offensive academic or work environment.

E. Obstruction or Disruption

Breach of Peace

Conduct or expression on College property or at College-authorized activities which disrupts the orderly function of the College is prohibited.

Disruption

Disruption includes, but is not limited to:

• Being under the influence of alcohol or other drugs;
• Physical violence or abuse of any person on College or College-controlled property or at College-sponsored or -supervised functions or conduct which threatens or endangers the health or safety of any person;
• Deliberate interference with academic freedom and freedom of speech, including not only disruption of a class, but also interference with the freedom of any speaker invited by any section of the College community to express his/her views. Forcible interference with the freedom of movement of any member or guest of the College;
• Blocking of entryways to buildings, rooms, sections of buildings or of hallways or stairways or of traffic ways in such fashion that people find it difficult or impossible to pass;
  noise-making or other physical behavior which is so distracting that it is difficult or impossible to conduct a class, meeting or any other authorized event;
• Congregating in such a fashion as to create a situation which could endanger life or property;
  incitement to any of the above actions or to other violations of College policy which could result in such actions, whether oral or through written materials or pictures.

Interference with Academic Freedom and Freedom of Speech

Any act which restricts an individual’s right to speak is prohibited. Any act which disrupts the orderly functioning of a class is prohibited.

F. Sexual Contact with any Member of the College Community or Visitor to the College Without that Person’s Consent, Including, But Not Limited To, Rape and Other Forms of Sexual Assault.

Consent is defined as “affirmative consent” an informed, conscious, mutually understandable, affirmation given freely and actively by words (e.g., saying “yes”) or actions that indicate a willingness to engage in mutually acceptable sexual activity (i.e., to do the same thing, at the same time, in the same way, with each other).

Individuals engaging in sexual activity are encouraged to talk before engaging in such activity and to continue communicating with each other throughout the activity to ensure that affirmative consent exists. It is the responsibility of the person who wants to engage in the specific sexual activity to make sure they have affirmative consent from the other individual.

It is important to remember the following regarding effective consent:

• Consent may be withdrawn at any time during a sexual encounter.
• Consent at one time does not imply consent at any other time.
• Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
• Silence, passivity, or other inactive behaviors (i.e., absence of resistance) do not constitute affirmative consent.
• One cannot presume affirmative consent due to participation in a relationship.
• There must still be a mutually understandable communication indicating a willingness to engage in sexual activity.
• Affirmative consent cannot be gained by force, or threat of force, coercion, fraud, or intimidation.
• Affirmative consent can never be given by minors (in Missouri, under age 18), mentally disabled individuals, or by persons incapacitated as a result of alcohol or other legal or illegal drug use.
• A person who is unconscious, unaware, or otherwise physically helpless cannot give affirmative consent.

G. Stalking, Physical Abuse

No student will engage in stalking, domestic, dating, or interpersonal violence, physical abuse, threatening physical abuse or engage in conduct that threatens the health and safety of any member of the College community or visitor to the College.

Defamation, Threats and Extortion

Verbal or written communication which is untrue and unlawfully exposes any individual or group to hatred, contempt or ridicule and thereby injures the person, property or reputation of another or maliciously threatens to expose another to disgrace with the intent to extort money or other advantage whatsoever is prohibited.

H. Theft or Damage to College Property

Arson

No student will commit or aid in the intentional commission of an act which results in a fire that causes damage or is intended to cause damage to the property of the College or to the property of any other person.

Damage or Destruction of Property

Persons responsible for accidental damage, vandalism or malicious damage to property belonging to the College or to others may be required to make restitution and be subject to disciplinary action.

Theft, Unauthorized Possession and/or Sale of Property

Theft or unauthorized possession and/or sale of property by a student of property that does not belonging to them.. Students in possession of property owned or controlled by the College (i.e., bookstore, library, information technology, athletics) or another person, without authorization or payment for such property will be subject to College disciplinary action.

I. Unauthorized Entry to or Use of College Facilities

Emergency Equipment Misuse

Fire escapes, ground-level fire doors, fire hoses, extinguishers and alarm equipment are to be used only in emergencies. Tampering with or misuse of these emergency devices or blocking of fire exits or other means of impeding traffic is prohibited.

Facilities Use

The unauthorized use of or entry into any College facilities, including computer systems or fields, whether by force or not, is prohibited. Use of College facilities must be approved by the appropriate administrator, usually the campus chief student affairs officer or his/her designee.

J. Violation of Law or College Policies

Public Laws

Any act by a student which constitutes a charge of a violation of a public law, occurring either on or off campus, may establish a cause for legal and/or disciplinary action by the College.

K. Alcohol or Controlled Substances

Alcoholic Beverages

Students are prohibited from being under the influence of, possessing, distributing, selling or consuming alcoholic beverages on the campuses and centers of the College.

Controlled Substances

Manufacture, possession, having control over, sale, transmission or use of any narcotic, stimulant or hallucinogenic drug in violation of the laws of Missouri or the united states is prohibited. The College will not protect students from state and federal drug abuse laws

L. Disorderly Conduct

M. Academic Misconduct

(See Academic Integrity AP G.13)

N. Failure to Comply with Directions of College Official

(Obeying Reasonable Request from College Officials)

Students are required to comply with reasonable requests or orders by authorized College officials or representatives acting on behalf of the College. This requirement includes reasonable requests for students to meet appointments in administrative offices and at disciplinary investigations and hearings.

O. Possession or Use of Firearms

Weapons, Firearms, Fireworks, Explosives

Except as authorized by Missouri or federal law, students are not allowed to possess or use a firearm or other weapon on College property (even with a permit), weapons are defined as firearms, knives, flammable materials, explosives or any other items that may cause bodily injury or damage to property.

P. Complicity

A student present during the commission of an act by another student which constitutes a violation of College policy may also be charged if their subsequent behavior constitutes permitting or condoning the violation. Students witnessing any act(s) which constitutes a violation of College policy are required to report such incidents to the proper authorities and constructively participate in conduct or other resolution processes addressing alleged violations of policy

Additional Areas of Responsibility Related to Conduct

Contracting or Representation in the Name of the College

Students are prohibited from contracting in the name of the College and may not claim to be official representatives of the College for any commercial purposes.

Distribution or Sale of Literature or Goods

Distribution or sale of literature or goods must be approved by the campus chief student affairs officer, or their designee, and is subject to College procedures.

Gambling

Engaging in or offering games of chance for anything of value or other gain in violation of the laws of Missouri, is prohibited at the College. This includes lotteries and raffles.

Parking

Students are required comply with parking directives as established by the College. Failure to do so may result in a citation and fine from College police as well as disciplinary action on the part of the College.

Pets

Service animals for persons with disabilities are permitted in facilities of the College subject to the provisions set forth in administrative procedure B.7, but no other pets or animals are permitted on any of the campuses without specific approval from the appropriate College official.

Probationary Status Violation

A student who is alleged to have violated the code of conduct while subject to disciplinary probation may face more serious sanctions for subsequent violations up to and including suspension or expulsion

Use of Tobacco

Tobacco use is prohibited on all property and in all facilities owned, leased, or operated by the College. There are no designated smoking areas on such College property. Tobacco use includes all types of tobacco and tobacco-like products including smoke-less tobacco and vaping.

Vehicles

Riding of bicycles, skateboards, scooters or other forms of personal transportation in hallways, in buildings or on walkways is prohibited. Recreational motorized vehicles are prohibited in areas other than designated roadways and parking lots. Skateboarding is prohibited on the campuses and centers of the College in any location or times which, in the discretion of campus officials, constitute a pedestrian or motor traffic hazard or which imperil the health or safety of persons and property at College locations.

Student Conduct Process

Procedural fairness is basic to the proper enforcement of College policies and procedures. As such, no conduct action will be initiated or sanction imposed against a student until the student has been notified in writing of the complaints against them, the student has been informed of their rights under this code, and the student has been given the opportunity to be heard.

The following information will be conveyed to any student facing conduct charges when proceedings are first initiated:

• Students will receive a fair and impartial resolution process in accordance with the requirements of this code.
• Students will be notified in writing of the alleged violations against them and the alleged misconduct upon which the charge is based with reasonable access to information relied on in determining whether or not they are responsible for violating the code of conduct.

Students may decline to make statements in response to the allegations. Declining to make a statement will not be construed as an admission of responsibility.

Students may be assisted by an advisor of their choice and at their expense at any time throughout the conduct process. The advisor may be present, but may not speak for or present the case for the student, or otherwise participate directly in any meetings or other proceedings. It is the student’s responsibility to make appropriate arrangements for the advisor to attend scheduled conduct proceedings.
Students may present relevant information and witnesses.

Students will be considered not responsible for the alleged conduct violation until found responsible by a preponderance of the evidence presented during the proceedings.

The right to confidentiality, in accordance with the terms of the Federal Family Educational Rights and Privacy Act (FERPA).

The accused student will be notified in writing of the campus chief student affairs officer’s decision and the basis for the same.

The accused student may appeal the determination of responsibility in accordance with the requirements of the Code.

Procedures

This section of the Code describes the procedures for student conduct proceedings at the College.

Initiating Conduct Process

The campus chief student affairs officer (or designee) on the campus where the alleged misconduct occurred or, for incidents that occur away from College premises on the campus where a student is enrolled is the primary administrator in the student conduct process. In matters involving allegations of misconduct by students enrolled exclusively in online classes, a campus chief student affairs officer (or designee) will be assigned to the case on a rotating basis.

Reporting

Any person may file a report against a student for the alleged violation of law or College policies/procedures as set forth in the code. The report should be submitted to a campus chief student affairs officer (or designee) as follows: online using form created for this purpose, via email, in person, via telephone or by mail. Reports should be made within 6 months of the incident or knowledge of the incident. Anonymous reports are accepted but the College may be limited in its ability to respond to anonymous complaints.

Response

The campus chief student affairs officer (or designee) responsible for the oversight of the complaint will determine if there are reasonable grounds to believe that the allegations could potentially constitute a violation of the code.

Informal Resolution

The utilization of informal resolution efforts (including, but not limited to, mediation, and restorative justice efforts) may be undertaken at the discretion of the campus chief student affairs officer and with the consent of involved parties. A written agreement as to the terms of resolution from such efforts will be prepared by the campus chief student affairs officer (or designee) and accepted by mutual consent of the accused student and complaining party. Such disposition will be final and no further action will be taken as to the matter for which the initial complaint was filed. In the event that the terms of the resolution agreement are not met by the accused student, new conduct charges may be raised for failure to comply.

Formal Resolution

If an alleged violation of the code is not addressed through other appropriate channels, is not dismissed, or is not resolved through an informal resolution process then the campus chief student affairs office (or designee) may proceed with conduct process as outlined below.

• Notice of allegations the allegations of charges will be sent to the accused student in correspondence via email to their College email address and will include: the specific student code of conduct violations alleged, a brief description of the conduct on which the violations are based, the student’s rights, and information on a scheduled initial review meeting with the campus chief student affairs officer.
• If a hold on registration is not already in effect, as an interim action, the campus chief student affairs officer may place a hold on registration until final disposition of the complaint.
• Initial review is part of the overall investigation of the student conduct complaint. The accused student will be given the opportunity to respond to the complaint, provide information relevant to the charges including but not limited to documents, emails, texts, photos, the names of witnesses, etc. The accused student may elect to deny the allegations or voluntarily accept responsibility.
  If a student accepts responsibility for a conduct violation, the campus chief student affairs officer (or designee) will send correspondence to the accused student within 10 business days detailing what, if any sanctions, have been imposed. The accused student may file an appeal based on limited grounds. Specifically, that the sanctions given were excessive. This appeal must be made in writing and sent to the campus vice president for student affairs within 10 business days of the transmission of the sanctioning letter. A review of the case and sanctions imposed will be undertaken by the vice chancellor of student affairs who may determine that the sanctions were not excessive. If a determination is made that the sanctions were excessive, then the vice chancellor of student affairs will provide adjusted sanctions to the accused student. Such disposition will be final and no further action will be taken as to the matter for which the initial complaint was filed.
• Investigation – the campus chief student affairs officer (or designee) will consider all relevant information obtained through the investigation of the complaint including the statements of the complainant, the accused student, and any witnesses.

Determination of Responsibility

Determination of Responsibility - upon completion of the investigation, the campus chief student affairs officer (or designee) will make a determination as to whether or not the accused student violated the code using a preponderance of the evidence standard (more likely than not). The accused student will be notified via correspondence to their College email address if a determination was made that they were responsible or that there was no finding of responsibility for violation of the code. If a student is found responsible sanctions may be given.

Sanctions

(Board Policy G.19.03)

The College makes every attempt to provide an educational sanction that will help a student to make better choices in the future. The educational sanction will become progressively more demanding if the student repeats violations, demonstrating that learning has not taken place. A student found to have violated their Code of Conduct as described above will be subject to one or more of the following sanctions: warning, disciplinary probation, restitution, compensatory or community service, counseling assessment and compliance, suspension, or expulsion.

Educational components may be added to any sanction(s).

A student sanctioned at one (1) campus location is under sanction at all other locations of the College.

Appeals

A student has the right to appeal the campus chief student affairs officer’s decision on limited grounds. An appeal can be sought by the accused student for the following reasons:

• A fair process, consistent with published College procedures, was not provided.
• The sanction imposed was excessive.
• The appeal must be submitted in writing to the campus chief student affairs officer no later than 10 business days after the transmission of the decision. Details regarding on what basis the appeal is being filed must be included.

Upon receipt of a timely notice of appeal, the campus chief student affairs officer will provide a copy of the appeal and case materials to the vice chancellor of student affairs who will review the same and issue a decision within 15 business days of the filing of the appeal. The vice chancellor of student affairs may affirm, reverse or modify the initial decision based on limited grounds for appeal. The decision of the vice chancellor of student affairs is final.

Student Conduct Hearing Committee

In cases where the sanction(s) imposed on a student includes suspension or expulsion from the College, the accused student may request a formal hearing. This request must be in writing and sent to the attention of the campus chief student affairs officer no later than 10 business days after transmission of the decision letter.

Live hearings will be undertaken with the exception of those involving online only student(s) or if extenuating circumstances make a remote hearing option necessary. With the exception of cases involving students who are enrolled only in online classes, the student filing a request for a formal hearing should indicate an interest in a remote hearing when the initial hearing request is filed. The campus senior student affairs officer will make the determination if such a request will be granted.

Each campus will establish a student conduct hearing committee for the purpose of hearing conduct cases where a sanction of suspension or expulsion has been given to a student in a conduct matter. No fewer than 3 faculty members, 3 staff members, and 3 students will be trained on each campus to serve on the student conduct hearing committee. Faculty members will be nominated to serve by the campus president. Staff will be nominated to serve by the chief student affairs officer and students will be nominated by faculty and staff. Input for student members will be sought from campus life for members of student government and other leadership positions. Online student nominees will be sought from the executive director for online education. Nominations will be directed to the districtwide director equity compliance for consideration and appointment to the student conduct hearing committee.

Hearing Panel

A panel of at least 3 student conduct hearing committee members is required to hear a case. A chairperson will be named by the district director of equity compliance.

The districtwide director of equity compliance will provide support and guidance to the hearing panel throughout the hearing process.

Prior Knowledge or Bias: student conduct hearing committee members will be provided with general information regarding any case they may be asked to hear. The campus chief student affairs officer shall exclude from any hearing panel committee members with prior knowledge of the matter, or bias for or against those involved.

If a hearing is to occur, the chairperson will notify the student of the following:

1. Charges against them;
2. Date, time, place and description of the violation;
3. Name of the person or persons requesting disciplinary proceedings;
4. Name of any and all known witnesses in the case; and
5. Date, time and place of the hearing.

The hearing must occur within 15 calendar days from the date of notification to the student.

Whether or not the accused student appears at the hearing, the hearing committee will hear the appeal and render a decision.

Normally, the status of the student will not be changed during the appeal process. However, if, in the judgment of the campus chief student affairs officer, or their , the student poses an immediate threat of disruption and/or serious injury or damage to any person or property, the student may, be limited as to access to College programs and facilities or summarily suspended from the College. Any violation occurring during the appeal process also may result in a change of status of the student. In the case of summary suspension where an appeal is pending, the campus chief student affairs officer will initiate a hearing by notifying the chairperson of the hearing committee and notifying the student.

Training Program

The College will provide a training program for those persons who agree to serve on the hearing committee to familiarize them with College regulations, procedural and substantive due process, and the role of the hearing committee. Additional training may be required depending on the nature of the case.

Chairperson:

• Sends written notification to all participants in the proceedings as to the exact charges and the time, place and nature of the hearing;
• Arranges the hearing calendar and selects a location for each hearing;
• Chairs all hearings and deliberations of the committee;
• Announces the findings of the committee and communicates in writing the committee's findings; and
• Certifies and transmits the appropriate records for future appeals.

Conduct of Hearing

A panel consisting of three members, one of whom must be a student, must be present before a hearing can be convened. Hearings normally will be closed and will be conducted according to the fundamental standards of procedural fairness and substantive justice and will not be unduly restricted by court procedures and formal evidentiary rules.

The charges and evidence will be presented by a person acting on behalf of the College, usually the campus chief student affairs officer (or designee) who initiated the disciplinary proceedings. They may have the aid of an advisor or counsel. The accused student also has the right to an advisor or counsel at the hearing. All parties may submit witnesses. All witnesses will give testimony under oath. The College and the accused have the right to question or cross-examine witnesses at the hearing. The hearing will be transcribed by a court reporter and a transcript of the proceedings will be available at the requestor’s own cost.

At the conclusion of the hearing, summation of one or more aspects of the case by the accused student, or the representative of the College will be permitted.

Student Conduct Committee Panel Judgment

The panel will render a decision after the hearing. The panel may accept or reject, in whole or in part, or may modify the findings and conclusions of the campus chief student affairs officer’s initial decision.

After the hearing, the panel will make a report to the vice chancellor for student affairs; the campus chief student affairs officer who initiated the disciplinary proceedings; the student appellant; and, in cases of sexual assault and/or harassment, the victim consisting of:

• A statement of charges;
• A statement of the findings of facts; and
• The decision of the committee as to whether a violation has occurred,
• The appropriate sanction, and its reason for the decision.

The hearing committee may not hold a hearing against a student more than once for the same offense.

Appeal

Within 10 calendar days after the date of the hearing committee's written decision, the student may appeal in writing to the vice chancellor for student affairs. Issues for appeal are limited to the following:

• College procedures were not followed in the conduct process causing a negative impact on the student or the integrity of the process
• New information that was not available at the time of the initial investigation or during the hearing relevant to the case should be considered.
• The sanction given exceeds what is reasonable for the alleged conduct and as is consistent with similar matters at the College.

If the vice chancellor finds in favor of the accused student on appeal, they may affirm, reverse or modify the committee's decision, in whole or in part. The decision will be rendered within 15 calendar days. The decision of the vice chancellor of student affairs will be final.