Part 1. Purpose and Basis for Authority

The Riverland Community College Student Code of Conduct serves two purposes: the first purpose is to serve as a guide for student behavior; the second purpose is to outline the procedures to be followed, both by students and college officials, should violations of the Code occur. It is expected that all students will read this code and will be responsible for knowing and abiding by its contents.
In the eyes of the College, two authorities guide a student’s conduct while on campus or while participating in off-campus, college-sponsored activities. First, as a citizen of the larger community, each student is expected to abide by the rules, regulations, and policies of the College. Secondly, as a civic citizen, each student is expected to obey local, state, and federal laws.

Part 2. Philosophy

As an institution dedicated to teaching and learning, Riverland Community College has a vested interest in maintaining an environment in which all students are free to pursue their academic interests and responsibilities. Conduct by a single student or a group of students that unreasonably restricted such freedom and interferes with the College mission of promoting student learning is subject to regulation and/or sanction by the College. The creation of such an environment is premised on the assumption that students have both rights and responsibilities. Therefore, a major function of the College is to guarantee student rights, and at the same time to demand student responsibility.

Part 3. Student Rights

The rights of students of Riverland Community College derive both from their status as students and from their status as citizens of the state and nation. These rights include, but are not limited to, the following:

• Students have the right to freedom from discrimination or harassment on the basis of race, ethnicity, gender, sexual orientation, religion, creed, political beliefs, national origin, or disability.
• Students have the right to be safe and free from all physical violence.
• Students have the right to expect that their personal property will be safe from theft, damage, and destruction.
• Students have the right to accurate and timely information regarding academic issues, such as course requirements and expectations, and graduation requirements.
• Students have the right to expect that all of their records will be maintained in accordance with the Family Educational Rights and Privacy Act of 1974.
• Students have the right to fair and impartial treatment and due process in the investigation of any alleged violation.
• Students have the right to expect fair, consistent, and appropriate discipline, in line with the disciplinary policies authorized by the Minnesota State Colleges and Universities Board, if they are found guilty of violating a rule or regulation.
• Students have the right to grieve actions and policies, which they consider unfair and inconsistent.
• Students have the right to freely engage in inquiry and discussion, the cornerstone of education at Riverland Community College. Therefore, in accordance with the guarantees of federal and state constitutions, students have the right to speak, write, and discuss freely all ideas relevant to their educational development.

Section I: Definitions

Summary Suspension: A suspension imposed without a formal hearing to ensure the safety and well being of members of the College community.
Suspension: Denial of the privilege of enrollment for a specified period of time after which the student is eligible to return. Conditions for re-admission may be specified.
Expulsion: Permanent denial of the privilege of enrollment at the College.
Hazing: 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 purposes of membership in a student group, organization, or athletic team.

Section II: General Policy

Pursuant to MnSCU Board Policy 3.6.1, the College establishes a student code of conduct. Generally, College disciplinary action shall be for conduct that adversely affects the College community’s pursuit of its educational objectives. The reference to “College” includes any event or site off campus where students, faculty and staff represent the College. Some programs may have more stringent policies that can be found within the publications of the respective department(s) or with the appropriate Dean.

Section III: Misconduct

The following misconduct is subject to disciplinary action. This list is not exhaustive and could include student conduct committed off campus that affects the College, students, staff or faculty and/or impacts the learning environment at the College:

Subsection A: Academic Misconduct

"Academic Misconduct" generally refers to behavior also known as academic fraud in which an individual cheats, plagiarizes, or otherwise falsely represents someone else’s work as his or her own. Faculty members have the authority to decide if students have committed academic misconduct. If a faculty member suspects academic misconduct, the faculty member will proceed with the following steps:

1. The faculty member will address the specific charge with the student by meeting with the student to discuss the charge, present the evidence, and hear the student’s explanation.
2. If the faculty member determines that the student has committed academic fraud, the faculty member informs the student of the consequences of the academic misconduct and the sanctions the faculty member will impose consistent with those outlined in their syllabus or institutional standards.
3. The faculty member will complete an Academic Misconduct Complaint Form and forward the completed form to the supervising dean.
4. The supervising dean will inform the student in writing that (a) this form will be filed in the Office of the Vice President of Academic and Student Affairs, (b) the dean may impose sanctions in addition to those imposed by the faculty member in the event of subsequent or multiple violations, and (c) the student has a right to appeal the sanction(s) as described under "Section VI: Procedures" of the Code of Student Conduct.
5. The Office of the Vice President of Academic and Student Affairs will keep the complaint form, any supporting documentation, and records of adjudication on file for two years.

Forms of Academic misconduct include, but are by no means limited to:

• Cheating on assignments or examinations
• Disruption or obstruction of classroom and/or College activities
• Plagiarism, which is defined as using the words or ideas of another person as one’s own, and includes but is not limited to unauthorized collaboration between students, copying published works, or copying data from the Internet. Submitting another individual’s work or ideas as your own, including but not limited to, homework assignments, term papers, research reports, lab reports, group projects, tests, or class presentations. Paraphrasing without proper citation is also plagiarism. An individual who knowingly allows or assists another student to represent that individual’s work as his/her own will be deemed to have collaborated in plagiarism and will be disciplined accordingly.

Other examples of academic misconduct include:

• Submitting another individual’s work as your own with minor alterations.
• Submitting another individual’s work without appropriate use of quotations, footnotes or references.
• Submitting the same work for credit for more than one course without written permission from all instructors involved.
• Submitting or presenting falsified research.
• Copying from another individual during any type of examination.
• Receiving an answer to an exam from another student during an examination or communication of answers to an exam with other students; this includes allowing other students to copy off one's exam during a test.
• Tampering with an examination after it has been corrected.
• Using any material not permitted by the instructor an examination.
• Requesting, acquiring, possessing or providing another person with an examination or portion of an examination without consent of the instructor.
• Changing, attempting to change or falsifying academic records, including attendance records or sign-in sheets.
• Aiding another student in the performance of any of the above acts.

Subsection B: Nonacademic Misconduct

Nonacademic Misconduct includes, but is by no means limited to:
1.  Behavioral Offenses:

• Physical and/or psychological abuse or threat of such abuse of any person on College premises, at College activities or college sponsored events.
• Unauthorized possession of any dangerous chemicals or explosive element or component parts thereof.
• Physically detaining or restraining any other persons or removing individuals from any place where they are authorized to remain.
• Disruption or obstruction of: (a) teaching, (b) research, (c) administration, (d) disciplinary proceedings, (e) other college activities, including its public-service functions on or off campus, or (f) any authorized non-college activities, when the act of disruption or obstruction occurs on college premises.
• Physical abuse, verbal abuse, threats, intimidation, coercion and/or other conduct which threatens or endangers the health or safety of any person.
• Hazing, for the purpose of initiation, admission, affiliation or membership in a group or organization, which endangers the mental or physical health or safety of a student or which destroys or removes public or private property.
• Failure to comply with directions of college officials or law enforcement officers acting in the performance of their duties and/or failure to identify oneself to these persons when requested to do so.
• Conduct which is disorderly, lewd, or indecent on college premises or at functions sponsored by or participated in by the College.
• Sending threatening or offensive e-mails to faculty, staff, or students.
• Criminal sexual behavior including, but not limited to, the implied use or threatened use of force to engage in any sexual activity against a person’s will and/or engaging in such behavior with a person who is unconscious, substantially mentally impaired (including intoxicated); intentionally touching another person’s genitals, buttocks, or breasts without the person’s consent; indecent exposure; voyeurism.
• Knowingly furnishing false information to college personnel.
• Knowledgeable passing of an insufficient funds check or fraudulent money order in payment of any financial obligation to the college.
• Forgery, unauthorized alteration or unauthorized use of any college document or instrument of identification.
• Attempts and complicity: attempts to commit acts prohibited by this code or encouraging others to commit acts prohibited by this code will be punished to the same extent as if one had committed the prohibited act.
• Unauthorized use of the college’s logo or name in unofficial student publications and web sites is prohibited.
• Making a false report concerning a fire, bomb, or other emergency.
• For some programs, conduct that would normally be considered behavioral misconduct may be subject to academic discipline (e.g., attending a nursing clinical while under the influence of drugs or alcohol would constitute academic misconduct for nursing students.)

     2.  Bias Related Offenses:

• Any offense that is motivated by bias may result in stronger penalties.  An offense motivated by bias is any offense wherein the accused intentionally selects the alleged victim because of the alleged victim’s race, creed, disability, color, religion, national origin, gender, age, marital status, sexual orientation, public assistance status or inclusion in any group/class protected by state or federal law.

      3. Property Offenses:

• Seizing, holding, stealing, commandeering, or damaging any property or facility of the College or a threat to do so.
• Refusing to depart from any property or facilities of the College upon direction by College officials or other authorized persons.
• Possessing, making, or causing to be made without proper authorization any key to operate locks or locking mechanisms on campus and tampering with locks in college buildings.
• Littering, defacing, destroying, or damaging College property or property under College jurisdiction or removing or using such property without authorization.
• Unauthorized entry to or use of College facilities or equipment.
• Intentionally or recklessly activating a fire alarm without cause; damaging fire safety equipment or initiating a false report; warning or threat of fire, explosion or other emergency.
• Parking in unauthorized areas.

• College Policy Offenses:
• Violation of published college policies, rules or regulations.
• Violation of federal, state or local law on college-sponsored or supervised activities.
• Gambling, holding an unauthorized raffle or lottery on the campus or at any College function.
• Unauthorized possession of firearms, or other weapons. Any possession of weapons must be authorized by the College’s president.
• Apparent or alleged violation of local ordinances, federal or state laws where said violation poses a substantial threat to the safety and/or welfare of campus community members.
• Attempts and complicity: attempts to commit acts prohibited by this code or encouraging others to commit acts prohibited by this code will be punished to the same extent as if one had committed the prohibited act.
• Interfering with the judicial procedures or outcomes including, but not limited to, falsification, distortion or misrepresentation of information before an administrator or conduct review panel; knowingly initiating a complaint without cause; or failure to comply with the sanction(s) imposed by either a hearing officer or administration.
• Failure to comply with the terms of any disciplinary sanction imposed in accordance with the code of student conduct.
• Violation of the College’s solicitation policy.
• Alcohol, Tobacco and Drug Related Offenses:
• Possessing, using, selling, or distributing any type of illegal drugs.
• Introduction or having possession upon any campus or while involved in a College activity, service, project, program or workstation, any alcoholic beverage as defined in Minnesota Statue 340A.101. The College will work with local and state law enforcement agencies to enforce underage drinking laws.
• Reporting to campus while under the influence of a controlled substance that affects alertness, coordination, reaction, response, judgment, decision-making or safety. Students having valid medical reasons for using physician-prescribed controlled substances that may affect their ability to perform or participate in class, clinic, or lab, must report such use to their instructors and provide a note from their physician upon request from the College.
• Use of any tobacco product in College buildings, classrooms, or designated non-smoking areas/entrances.

6. Technology Related Offenses:

• Access abuses including but not limited to unauthorized use of a student, staff or faculty passwords, accessing restricted databases, files and Web sites, tampering with computer equipment, manipulation of the College's Web site, sending threatening or offensive e-mails to students, staff or faculty.
• Sending threatening or offensive e-mails using College-owned computers and/or the College’s network.
• Use of a college computer for business purposes.
• Use of a college computer to access or distribute pornographic Web sites.
• Disrupting classroom activities with electronic devices.

Section IV: Sanctions for Misconduct

Subsection A: Sanctions for misconduct include but are not limited to the following:

• Summary Suspension: A suspension imposed without a formal hearing to ensure the safety and well being of members of the College, which shall include an oral or written statement from the Vice President of Student or Academic Affairs that the student has been accused of violating College policy and may be subject to more severe sanctions. If the summary suspension is 10 days or longer, the student has rights to a contested case) hearing under Chapter 14 of Minnesota Statutes, Chapter 14. Students who are summarily suspension are still responsible for paying balances owed for tuition, fees, books and/or student housing. Suspensions are noted on the student’s academic transcript.
• Exclusion from participation in College extracurricular activities for a period of time not to exceed one academic year, including, but not limited to holding any student office.
• Restitution: Required reimbursement for damage to or misappropriation of property, restitution may take the form of appropriate services or other compensation.
• Denial of Related Privileges: Example: denial of the use of the Computer Information Center if the violation is related to the use of computer technology.
• Warning: Issuance of a written warning, admonition, or reprimand. This may include a referral for counseling.
• Suspension: Denial of enrollment for a specified period of time after which the student is eligible to return. During this time the student cannot qualify for graduation, register for or attend classes or other College functions. If the suspension is 10 days or longer, the student has rights to a contested case hearing under Minnesota Statutes, Chapter 14. Suspended students are still responsible for payment balances owed for tuition, fees, books and/or student housing. Suspensions are noted in the student’s acacdemic transcript.
• Expulsion: Permanent denial of enrollment at the College. The student has the right to a contested case hearing under Minnesota Statutes, Chapter 14. Expelled students are still responsible for paying balances owed for tuition, fees, books and/or student housing. Expulsions are noted on the student’s academic transcript.
• Probation: A written reprimand in response to misconduct, probation is a designated period of time where the student is expected not to repeat the act of misconduct or engage in other misconduct. Further sanctions may be imposed if the student repeats the behavior that resulted in the probation or engages in further misconduct while on probation.
• Administrative and legal sanctions up to and including expulsion and referral for prosecution will be imposed on students who violate the drug and alcohol policy. A disciplinary sanction may include the completion of an appropriate rehabilitation program.
• Community service: A work assignment at a public agency (Library, College, School, County agency, etc.).
• In cases of hazing, disciplinary action may be taken against both individuals and organizations or groups.
• Grade Adjustment: Lowering of a test, assignment or course grade.
• Course Failure: Failure of a student from a course where misconduct occurred.
• Discretionary Sanctions: Additional academic assignments determined by the student’s instructor(s).
• Alcohol and Drug Violations: Students who have violated the College’s student conduct policy concerning alcohol and drugs will be subject to the following progressive discipline schedule. Depending upon the nature and the severity of the violation more serious sanctions may be imposed with a first offense than are outlined below.

First Offense:

• Warning will be issued
• Completion of Alcohol 101 web-based instructional module

           Second Offense:

• Probation status for the remaining time of enrollment
• Counseling appointment and the completion of the College’s alcohol/drug  

            abuse screening inventory

• Community service

           Third Offense:

• Suspension from the College not to exceed ten (10) days
• Referral to alcohol/drug abuse screening

• The college reserves the right to impose other sanctions that are not listed in this 

      section of the policy.

Subsection B:

Students have the right to a formal review and appeal prior to the imposition of any sanction involving suspension or expulsion.

Section V: Procedures for filing a misconduct complaint

• A notice of complaint or an alleged violation must be submitted along with an explanation of evidence supporting your complaint to the Dean of Student Affairs. Any member of the College community may file a written complaint alleging that a student or organization has violated student conduct policy.
• The Dean of Student Affairs may refer the matter to an academic dean for review and investigation if the accusation involves academic misconduct.
• A formal review may be conducted as a first step in cases which acts of violence, discrimination or harassment are alleged. Alleged acts of this nature will be reported to the Office of Human Resources.

Subsection A: Informal Review

Within ten (10) business days of receiving a student complaint against a student or anyone’s complaint against a student, the Dean of Student Affairs or Academic Dean shall conduct an investigation of the charges.

• If the complaint is unsupported by the investigation, it will be dismissed.
• If there is sufficient evidence to support the allegation, the Dean of Student Affairs or Academic Dean shall offer the accused student an opportunity to resolve the violation at an informal meeting. Prior to this meeting, the student shall be given oral or written notice of the specific charges against him/her and the evidence collected to support the complaint.

The notice of charges will be delivered to the student five (5) business days prior to the meeting with the Dean of Student Affairs or Academic Dean. During the meeting, the Dean of Student Affairs or Academic Dean shall review the complaint and documentation with the student and allow the student to present an explanation. Within ten (10) business days of the meeting, the Dean of Student Affairs or Academic Dean shall inform the accused student in writing of the decision and sanctions. A student who is subject to a sanction may request in writing a formal hearing prior to implementation of the sanction.

Subsection B: Formal Review

In the event of an alleged conduct violation that could lead to suspension or expulsion, or a request by a student accused of misconduct, the Dean of Student Affairs or Academic Dean will convene a formal review within ten (10) business days of receipt of a student’s written request or formal complaint. The formal review panel will consist of an academic dean, faculty member not serving as faculty to the accused, a counselor and the two Student Senate presidents. The panel is chaired and presided over by the Dean of Student Affairs or Academic Dean, or designee of either office. Students requesting a formal review shall be notified in writing of the time, place and date of the review within five business days of its receipt. The student must also be informed in writing of:

• The specific conduct provisions the student is accused of violating,
• The evidence to be presented against him/her, and
• A list of witnesses and nature of their testimony

A student's failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled. The student shall be given the opportunity to speak in his/her own defense, present witnesses, question any witnesses and may have an advisor or advocate present. The advisor may provide advice to the student but may not participate in the hearing. The decision of the review panel will be determined by majority vote after review of the investigative report, other evidence and meeting with the accused and other witnesses. The decision of the formal review panel will be delivered to the student in writing within five (5) business days of the meeting and shall include information about any sanctions.

Section VI: Appeals

Following the outcome of an informal or formal review decision, a student may request an appeal review before the Executive Vice President. The request for an appeal must be submitted, in writing to the Executive Vice President within ten (10) business days of the date of notification of the decision. Failure to file an appeal or request an extension in a timely manner constitutes a waiver of the right to an appeal. The basis for an appeal will be limited to the following grounds:

• The sanction is excessively severe.
• New or newly discovered evidence of a nature that may substantially affect the outcome of the hearing exists.
• There was a procedural error that substantially affects the outcome of the hearing.

The Executive Vice President will review the appeal letter and will determine if one or more of the grounds for appeal has merit. The Executive Vice President will schedule a meeting between the accused student and Vice President. A student’s advisor or advocate may attend this meeting but may not participate except to advise the student. In the event that new evidence is presented that may affect the outcome of the decision, the Executive Vice President has the discretion to request a re-hearing by the formal review panel. The Executive Vice President will render a decision to the student in writing within ten (10) business days of the appeal hearing.
Unresolved appeals that have followed this process will be referred to the college president’s office for final review. The president shall issue a decision in writing to the student within ten (10) days of the appeal.

Section VII: Other Policy Provisions

• Summary Suspensions

In certain circumstances, the Dean of Students, Academic Dean or Human Resources Department may impose a summary suspension prior to the informal or formal proceedings described above. A summary suspension may be imposed only when, in the judgment of the Dean of Students or Academic Dean, the accused student’s presence on the College campus constitutes a threat to the safety and well being of members of the college community or college property. Notice of the summary suspension shall be provided in writing to the student and shall include the duration of the suspension. After the student has been summarily suspended, the student shall be provided an opportunity for a formal hearing within the shortest reasonable time period, not to exceed ten business days. During the summary suspension period, the student may not enter the campus without prior permission from the Dean of Student Affairs, Academic Dean, or the Vice President of Employee and Public Relations Department. Suspensions are noted on the student’s academic transcript.

2. Suspensions

Suspensions lasting for more than 10 days or expulsion from the College will be listed on the student’s official academic transcript. After a period of three years, the student may make a request in writing to the Executive Vice President to remove the notations of disciplinary action from his/her transcript. The Executive Vice President decision to remove the transcript notation will be made based on the circumstances surrounding the request and the original offense.