Students are expected to be familiar with the Code of Student Conduct. Student responsibilities and the expectations of the College are described in that section. Students are responsible for conducting themselves in a manner that does not interfere with the educational process. Behavior that is threatening to the safety or welfare of self or others, or that is harassing or discriminatory in nature, will be reviewed promptly by the College and appropriate action will be taken. The Code of Student Conduct does not replace nor reduce the requirements of civil or criminal laws.
The College has established a Code of Student Conduct that details procedures for the administration of Student Conduct proceedings. Students shall be afforded appropriate due process in the adjudication of any charge(s) of violations of the Code of Student Conduct. Students found guilty of violations may be subject to sanctions, including suspension or expulsion.
Allegation of discrimination or harassment shall be adjudicated under separate procedures in accordance with Saint Paul College’s policies on those issues.
ARTICLE I: DEFINITIONS
A. “College” means Saint Paul College - Community and Technical College
B. “Administrator” includes any person employed by the College, performing assigned administrative or professional responsibilities.
C. “College Official” includes any person employed by the College, performing assigned administrative or professional responsibilities.
D. “Cheating" includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff; (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
E. “Expulsion” means permanent denial of the privilege of enrollment at the College.
F. “Hazing” means an act which endangers the mental or physical health or safety of a person, subjects a person to public humiliation or ridicule, or which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a student group, organization, or athletic team.
G. "Policy" means the written regulations of the College and Minnesota State as found in, but not limited to, the Student Code, the College and Minnesota State Web pages, Board Policy and System Procedure 5.18 and 5.18.1 on Alcoholic Beverages and Controlled Substances on Campus, Board Policy and System Procedure 5.22 and 5.22.1 on Acceptable Use of Computers and Information Technology Resources, and the College catalog.
H. “Preponderance of evidence” means a standard of responsibility that it is more likely than not that the code has been violated.
I. "Plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
J. “Student” includes all persons who:
1. Are enrolled in one or more courses, either credit or non-credit, through the College;
2. Withdraw, transfer or graduate, after an alleged violation of the student conduct code;
3. Are not officially enrolled for a particular semester but who have a continuing relationship with the College;
4. Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid;
K. "Student organization" means any number of persons who have complied with the formal requirements for college recognition.
L. “Summary suspension” means a suspension imposed without a formal hearing to
ensure the safety and well-being of members of the College community.
M. “Suspension” means denial of the privilege of enrollment for a specified period of time after which the student is eligible to return. Conditions for re-enrollment may be specified.
Statement of Student Responsibilities
Students at Saint Paul College, as members of the College community, in addition to the basic constitutional rights enjoyed by all citizens, have specific rights related to academic freedom and their status as students. The rights are described in the Students Rights and Responsibilities Policy.
Students are expected to exercise their freedom with responsibility. Student responsibilities include, but are not limited to, respecting and valuing the rights and differences of all members of the College community; refraining from any and all proscribed behaviors as listed in the next section, “Proscribed Conduct”; refraining from performing acts of violence or harassment against any member of the College community; and abiding by all College policies and procedures.
ARTICLE II: PROSCRIBED CONDUCT
A. Jurisdiction of the College Student Code
The Code of Student Conduct shall apply to conduct that occurs on college premises, at college sponsored activities, and to off-campus conduct in the following circumstances:
1. Hazing is involved;
2. The violation is committed while participating in a college sanctioned or sponsored activity;
3. The victim of the violation is a member the College community;
4. The violation constitutes a felony under state or federal law; or
5. The violation adversely affects the educational, research, or service functions of the College.
The administrator shall decide whether the Code of Student Conduct shall be applied to conduct occurring off-campus or on-line, on a case by case basis, in the administrator’s sole discretion.
Allegations of discrimination, harassment, and sexual violence shall be resolved pursuant to College Policy 01.06.00 (Board Policy 1B.1), Equal Opportunity and Nondiscrimination in Employment and Education, College Procedure 01.06.00.1 (System Procedure 1B.1.1), Report/Complaint of Discrimination/Harassment Investigation and Resolution, College Policy 01.08.00 (Board Policy 1B.3), Sexual Violence Policy, College Procedure 01.08.00.1 (System Procedure 1B.3.1), Sexual Violence Procedure. Allegations of fraud or dishonest acts shall be resolved pursuant to Board Policy 1C.2, Fraudulent or Other Dishonest Acts.
B. Conduct - Rules and Regulations
Any student found to have committed or to have attempted to commit the following misconduct in circumstances falling under the jurisdiction of this code may be subject to the disciplinary sanctions outlined in Article III:
1. Acts of dishonesty, including but not limited to the following: cheating, plagiarism, falsification, and collusion. This includes any violation of the Academic Integrity Policy. Cases of Academic Dishonesty are resolved per the Academic Integrity Policy.
2. Knowingly furnishing false information to any college official, faculty member, or office; the knowledgeable passing of an insufficient funds check or use of fraudulent payment method for any financial obligation to the College.
3. Forgery, alteration, or misuse of any college document, record, or instrument of identification.
4. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other college activities, including its public service functions on or off campus, or of other authorized non-college activities when the conduct occurs on college premises.
5. Intentionally, recklessly, or negligently causing or attempting to cause physical harm to any person, including engaging in any form of fighting. This includes any unwanted or inappropriate touching of another or detaining another against their will. Allegations may be resolved per the Sexual Violence Procedure.
6. Intentionally, recklessly, or negligently threatening or endangering a person’s emotional, mental, or physical well-being, or causing fear of physical danger. This may occur through verbal abuse, stalking, hazing, intimidation, threats, harassment, sexual harassment, repeated phone calls, electronic messages, text messages, emails, or postings on social networking sites. Allegations may be resolved per the Sexual Violence Procedure.
7. Actual, attempted, or threatened sexual assault and/or other sexual misconduct. This definition is applicable where violations of Saint Paul College’s Sexual Violence Policy are alleged. Allegations will be resolved per the Sexual Violence Procedure.
8. Attempted or actual theft of and/or damage to property of the College or property of a
member of the College community or other personal or public property, on or off campus.
9. Hazing. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral actions; they are violations of this rule.
10. Failure to comply with directions of college officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
11. Unauthorized possession, duplication or use of keys to any college premises or unauthorized entry to or use of college premises.
12. Violation of any college or board policy, rule, or regulation published in hard copy or available electronically on the College or Minnesota State website.
13. Alleged violation of any federal, state or local law.
14. Under the influence of, use, possession, manufacturing, or distribution of marijuana, drug paraphernalia, or other controlled substances except as expressly permitted by law. This definition is applicable for alleged violations of the Saint Paul College Alcohol and Other Drugs Policy.
15. Under the influence of, use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by College or Minnesota State regulations), public intoxication, or violation of Board Policy 5.18 and System Procedure 5.18.1 on Alcoholic Beverages and Controlled Substances on Campus. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age. This definition is applicable for alleged violations of the Saint Paul College Alcohol and Other Drugs Policy.
16. Use of tobacco products on campus in non-designated areas. You must be 18 years of age to use tobacco products in designated areas. Violations are resolved per the Tobacco Use Policy.
17. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on college premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others. Students are prohibited from possessing or carrying a firearm while on system property, regardless of whether the student has a permit to carry a firearm, except as otherwise provided in Minnesota State Board Policy 5.21.
18. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the College and/or infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
19. Obstruction of the free flow of pedestrian or vehicular traffic on college premises or at college sponsored or supervised functions.
20. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College or members of the academic community. Disorderly conduct includes but is not limited to: any unauthorized use of electronic or other devices to make an audio or video record of any person while on college premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of
another person in a gym, locker room, or restroom.
21. Any violation of the College Computer Use Policy or Board Policy 5.22 and System Procedure 5.22.1 on Acceptable Use of Computers and Information Technology Resources.
22. Abuse of the student conduct system, including but not limited to:
a. Failure to obey the notice from a college official to appear for a meeting or hearing as part of the student conduct system;
b. Falsification, distortion, or misrepresentation of information before a student conduct panel;
c. Disruption or interference with the orderly conduct of a student conduct panel proceeding;
d. Institution of a student conduct code proceeding in bad faith;
e. Attempting to discourage an individual's proper participation in, or use of, the student conduct system;
f. Attempting to influence the impartiality of a member of a student conduct panel prior to, and/or during the course of the student conduct panel proceeding;
g. Harassment (verbal or physical) and/or intimidation of a member of a student conduct panel prior to, during, and/or after a student conduct code proceeding;
h. Failure to comply with the sanction(s) imposed under the Student Code;
i. Influencing or attempting to influence another person to commit an abuse of the student conduct code system.
C. Violation of Law and College Discipline
College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the administrator. Determinations made or sanctions imposed under this Student Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of college rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
ARTICLE III: STUDENT CONDUCT CODE PROCEDURES
The Conduct Hearing Process is used to review allegations of:
a. Code of Student Conduct, unless otherwise stated in the policy
b. College and Minnesota State Colleges and Universities policy violations
c. Academic Program Policy violations
A. Investigation and Informal Process
1. Any member of the College community may file a written complaint alleging that a student or student organization has violated student conduct proscriptions. Any
complaint should be submitted as soon as possible after the event takes place. Persons filing complaints shall be informed of their rights under the Minnesota Data Practices Act. Following the filing of a complaint against a student or student organization, the administrator shall conduct an investigation of the allegations.
2. If the complaint seems unwarranted, the administrator may discontinue proceedings.
3. If there is sufficient evidence to support the complaint, the administrator shall:
a. Offer the accused student an opportunity to resolve the alleged violation at a conduct hearing.
4. Prior to this meeting, the student shall be given written notice of the specific complaint against the student and the nature of the evidence available to support the complaint and provided with a copy of the Student Code of Conduct.
5. During the meeting, the administrator shall review the complaint and the evidence with the student and allow the student to present a defense against the complaint. Within a reasonable time period following the meeting, the administrator shall inform the accused student in writing of the 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. The complainant shall receive notification consistent with state and federal privacy laws.
6. If the accused student fails to appear for the informal hearing, the administrator may proceed to review and act upon the complaint in the student’s absence and shall notify the student in writing of the action taken.
7. The administrator may assign sanctions for an outcome of “responsible”.
a. The student may appeal the decision, in the time indicated in the outcome letter
b. The student completes the sanctions.
8. In the case of appeal, sanctions may be delayed for the appeal to be processed. If the appeal is denied, sanctions from the original hearing will stand.
1. The following sanctions may be imposed upon any student found to have violated the Student Code:
a. Warning - A notice in writing to the student that the student is violating or has violated institutional regulations.
b. Probation - A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period. The College may impose specific written conditions for the probation.
c. Loss of Privileges - Denial of specified privileges for a designated period of time.
d. Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
e. Discretionary Sanctions - Work assignments, essays, service to the College, or
other related discretionary assignments.
f. Suspension - Denial of the privilege of enrollment for a specified period of time after which the student is eligible to return. Conditions for re-enrollment may be specified.
g. Expulsion - Permanent denial of the privilege of enrollment at the College.
h. Revocation of Admission and/or Degree - Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of college standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
i. Withholding Degree - The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this student conduct code, including the completion of all sanctions imposed, if any.
More than one of the sanctions listed above may be imposed for any single violation.
2. The following sanctions may be imposed upon groups or organizations:
a. Those sanctions listed above;
b. Loss of selected rights and privileges for a specified period of time;
c. Deactivation. Loss of all privileges, including college recognition, for a specified period of time.
C. Summary Suspension
In certain circumstances, the administrator may impose a summary suspension prior to the informal or formal proceedings described in the previous articles. 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 campus community. To the greatest extent possible before implementing the summary suspension, the accused student shall be given oral or written notice of the intent to impose summary suspension and shall be given an opportunity to present oral or written arguments against the imposition of the suspension. However, the refusal of a student to accept or acknowledge this notice shall not prevent the implementation of a summary suspension. Notice of 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 a formal or informal 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.
1. A sanction imposed by the administrator may be appealed by the accused student(s) or complainant(s) to the Dean of Student Success within five (5) school or business days of the notification of the decision. The deadline for appeal will be indicated in the outcome letter. Such appeals shall be in writing and shall be delivered to the administrator or designee.
2. 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:
a. To determine whether the informal or formal hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
b. To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred.
c. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.
d. To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original informal or formal hearing.
3. If an appeal is upheld by the Dean of Student Success, the Dean may take any appropriate action. If an appeal is not upheld, the matter shall be considered final and binding upon all involved except that in cases involving sanctions of suspension for ten (10) days or longer, students shall be informed of their right to a contested case hearing under Minnesota Statutes, Chapter 14.
Interpretation and Revision
Any question of interpretation regarding the Code of Student Conduct shall be referred to the Dean of Student Success or the Director of Student Rights and Responsibilities for final determination.
The Code of Student Conduct shall be reviewed every 3 years under the direction of the Director of Student Rights and Responsibilities.