Part 1.  Purpose and Basis for Authority
Pursuant to MnSCU Board Policy 3.6.1, Riverland has established a student code of conduct. The reference to “college” includes any event or site off campus where students, faculty and staff represent the college.
The Riverland Community College Student Code of Conduct serves two purposes: the first purpose is to serve as a guide for student behavior to protect the educational process; the second purpose is to outline the procedures to be followed, both by students and college officials, (officials include any employee of the college) should violations of the code occur. Each student is expected to abide by the rules, regulations, and policies of the college.
In the eyes of college officials, 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 restricts 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 following principles:

• The college is a purposeful community.  Intellectual life is central, and faculty and students work together to strengthen teaching and learning.
• The college is a just community, where the dignity of all individuals is affirmed and equality of opportunity is maintained.
• The college is an open, honest community where freedom of expression is protected and civility is expected.
• The college is a disciplined community where individuals accept obligations to the group, and defined governance procedures guide behavior for the common good.
• The college is a caring community where the well-being of each member is sensitively supported and service to others is encouraged.

Part 3.  Student Rights
In addition to the basic Constitutional rights enjoyed by all citizens, students at Riverland Community College have specific rights related to academic freedom and their status as students.  Students are expected to exercise their freedom with responsibility.
Freedom to teach and freedom to learn are inseparable facets of academic freedom.  The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community.  As such, faculty members have the right to take appropriate action to maintain order and proper conduct in the classroom in order to fulfill the objectives of the course.  If a student’s behavior is so disorderly or disruptive that it interferes with the teaching/learning process, the faculty has the right to remove the student from that day’s class session.
Student 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 Minnesota Government Data Practices Act and 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 found guilty of violating a rule or regulation 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 of Trustees.
• Students have the right to grieve actions and policies that 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
Cheating:  Includes, but is not limited to:  (1)  use of any unauthorized assistance in taking quizzes, tests, assessments, 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 faculty or staff; (4)  engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
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.
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 terms papers or other academic materials.
Policy:  The written regulations of the college and Minnesota State Colleges and Universities (“MnSCU”) as found in, but not limited to, the Student Code, Riverland Student Housing Handbook, the college and MnSCU web pages, Board Policy and Systems Procedure 5.18 and 5.181 on Alcoholic Beverages and Controlled Substances on Campus, and Board Policy and System Procedure 5.22 and 5.22.1 on Acceptable Use of Computers and Information Technology Resources.
Preponderance of Evidence:  A standard of proof in which the evidence strongly suggests the code has been violated.
Student:  Includes all persons who:

• Are enrolled in one or more courses, either credit or non-credit, through the college;
• Withdraw, transfer, or graduate after an alleged violation of the Student Conduct Code;
• Are not officially enrolled for a particular term but who have a continuing relationship with the college;
• Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid; and/or
• Are living in a college residence hall although not enrolled in the institution.

Student Organization:  Any group/club – including all members of such groups/clubs – that has complied with the formal requirements for becoming an official Riverland student organization/club as defined by Article XIII in the Constitution of the Riverland Community College Student Senate (revised 5/10/06).
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.

Section II:  Prohibited Conduct

•  Jurisdiction of the college Student Code

The college Student Code shall apply to conduct that occurs in all courses (including online),on college premises, at college-sponsored activities, and to off-campus conduct in the following circumstances:

•  Hazing is involved;
• The violation is committed while participating in a college-sanctioned or sponsored activity;
• The victim of the violation is a member of the college community;
• The violation constitutes a felony under state or federal law; or
• The violation adversely affects the educational, research, or service functions of the college.

The assigned administrator shall decide whether the Student Code shall be applied to conduct occurring off-campus, on a case-by-case basis, in his/her sole discretion.
Allegations of discrimination, harassment, and sexual violence shall be resolved pursuant to Board Policy 1B.1, Nondiscrimination in Employment and Educational Opportunity; System Procedure 1B.1.1, Report/Complaint of Discrimination/Harassment Investigation and Resolution; Board Policy 1B.3, Sexual Violence Policy; 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.

•  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 Section V:  Sanctions for Misconduct.
Subsection a.  Academic Misconduct
“Academic Misconduct” generally refers to behavior known as “academic fraud”  and includes, but is not limited to the following:

•  Cheating on assignments or examinations
•  Disruption or obstruction of classroom activities
•  Plagiarism

If a student’s behavior is so disorderly or disruptive that it interferes with the teaching/learning process, the faculty member has the right to remove the student from that day’s class session. 

Other examples of academic misconduct include but are not limited to:

• Submitting another individual’s work as one’s 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, Physical and/or psychological abuse or threat of such abuse of any person on college premises, at college activities or college sponsored event, including:

• 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 that threatens or endangers the health or safety of any person.
• Hazing.
• 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; 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 college 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.
• Sending threatening or offensive e-mails to faculty, staff, or students that disrupts the educational, research, or service functions of the college.
• 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 may be punished to the same extent as if one had committed the prohibited act.
• Unauthorized use of the college’s logo or name.
• Making a false report concerning a fire, bomb, or other emergency.
• Attempted or actual theft of and/or damage to property of the college or property of a member of the college community or personal or public property, on or off campus.

• Refusing to depart from any college property or facilities upon direction by college officials or other authorized persons.
• Unauthorized possession, duplication or use of keys to any college premises or unauthorized entry to or use of college premises.
• 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.
• 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.
• Obstruction of the free flow of pedestrian or vehicular traffic on college premises or at college-sponsored or supervised functions.
• Violation of any college or board policy, rule, or regulation published in hard copy or available electronically on the college or MnSCU Web site.

• 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.
• Illegal or unauthorized possession of firearms, explosives or 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.
• 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.
• 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.
• Use, possession, manufacturing, selling, or distribution of any type of marijuana, narcotics, heroin, or other controlled substances except as expressly permitted by law.
• Use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by college or MnSCU 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.
• 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 college officials.
• Use of any tobacco product in college buildings, classrooms, or designated non-smoking areas/entrances.
• 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, or manipulation of the college's web site.
• Use of a college computer for business purposes.
• Use of a college computer to access or distribute pornography.
• Disrupting classroom activities with electronic devices including, but not limited to, cell phones, pagers.
• Abuse of the student conduct process,  including but not limited to,

• Failure to obey the notice from a college official to appear for a meeting or hearing as part of the student conduct system;
• Falsification, distortion, or misrepresentation of information before a student conduct investigator;
• Disruption or interference with the orderly conduct of a student conduct  proceeding;
• Initiation of a student conduct complaint in bad faith;
• Attempting to discourage an individual’s proper participation in, or use of, the student conduct system;
• Attempting to influence the impartiality of a member of a student misconduct investigation prior to and/or during the course of the investigation;
• Harassment (verbal or physical) and/or intimidation of a member of  a student conduct panel prior to, during, and/or after a student conduct investigation;
• Failure to comply with the sanction(s) imposed under the Student Code;
• Influencing or attempting to influence another person to commit an abuse of the student conduct process.

•  Violation of Law and College Policy

College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (this 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.

 III.  STUDENT CONDUCT CODE PROCEDURES
A. Investigation Process
Riverland Community College encourages the resolution of conflict within the academic community without the need of a formal complaint process.  However, if the conflict cannot be resolved or if attempts at such resolution might further exacerbate the conflict, any member of the college community may file a written complaint alleging that a student or student organization has violated the Conduct Code.  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. 
The complaint process – whether academic or behavioral – is initiated by the completion of a complaint form.  The Riverland Complaint Form is available on the Riverland website.  All completed forms must be submitted to the Office of Human Resources.  No complaint will proceed without completion of the Complaint Form.
The Office of Human Resources will refer the complaint to either an academic dean or the Conduct and Complaint Officer, depending on the nature of the complaint (academic or behavioral). In the event the academic dean or Conduct and Complaint Officer is unavailable, the complaint will be referred to an appointed designee.
Subsection a. Procedure for filing an Academic Misconduct complaint
Faculty members have the authority to decide if students have committed academic misconduct.  If a faculty member suspects academic misconduct, the faculty member may proceed with the following steps:

1. The faculty member will address the concern with the student.
2. If the faculty member determines that the student has committed academic misconduct, 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 may complete an Academic Misconduct Complaint Form (available under forms on the Employee Web Site) and file the completed form with the Office of Human Resources.
4. Within forty-eight hours (48) of receipt of the written complaint against a student, the Office of Human Resources will refer the matter to the appropriate academic dean.
5. If the academic dean finds the complaint is unsupported by the evidence, it will be dismissed and the student and faculty member will be notified of the dismissal of charges.
6. If there is sufficient evidence to support the complaint, notice of charges will be delivered to the student five (5) business days prior to an informal meeting with the academic dean. During the meeting, the academic dean  shall review the complaint and documentation with the student and allow the student to present an explanation, and the dean may offer the student an opportunity to resolve the formal violation.
7. Within two business days of the meeting, the academic dean shall inform the accused student in writing of the decision and sanctions.  The academic dean will also inform the student in writing that (a) this form will be filed in the Office of the Executive Vice President, (b) the academic 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) to the Executive Vice President, as described under "Section VI: Procedures" of the Code of Student Conduct.
8. The Office of the Executive Vice President will keep the complaint form, any supporting documentation, and records of adjudication on file for two years.

Subsection b. Procedures for filing a Behavioral (nonacademic) Misconduct complaint
Every student at Riverland has the right to an education, and it is the responsibility of the college to provide an environment that promotes learning.  As such, faculty members have the right to take appropriate action to maintain order and proper conduct in the classroom in order to fulfill the objectives of the course.  If a student’s behavior is so disorderly or disruptive that it interferes with the teaching/learning process, the faculty member has the right to remove the student from that day’s class session.  
If a faculty, staff, or student member suspects non-academic misconduct, the faculty, staff or student member may proceed with the following steps:
The student, staff, or faculty member must complete a Complaint Form (available under forms on the Riverland Web Site) and file the completed form with the Office of Human Resources.

• Within two business days of receipt of a completed complaint form, the Office of Human Resources will refer the written complaint to the Conduct and Complaint Officer (CCO) for investigation of the charges.
• If the complaint appears unwarranted, the investigator in consultation with the supervising dean, may discontinue proceedings.
• If there is sufficient evidence to support the complaint, notice of charges will be delivered to the student five (5) business days prior to an informal meeting with the CCO.  During the meeting, the CCO shall review the complaint and documentation with the student and allow the student to present an explanation, and the officer may offer the student an opportunity to resolve the violation.
• Within two business days of the meeting, the CCO shall provide the appropriate dean with the findings of the investigation.
• The appropriate dean will inform the accused student in writing within two business days of his/her decision whether a violation of the code was established by a preponderance of evidence and any applicable sanction as well as the student’s right to appeal the sanction(s) to the Executive Vice President or designee, as described under "Section VI: Procedures" described under "Section VI: Procedures."

If the accused student fails to appear for the informal meeting, the CCO will proceed according to the steps outlined above.
A sanction shall not become effective during the time in which a student seeks an appeal unless, in the discretion of the conduct investigator, it is necessary to implement an immediate sanction for the safety and welfare of the student and/or college community.
Section IV: Appeals
Following the outcome of a decision, a student may request an appeal review before the Executive Vice President or designee.  The request for an appeal must be submitted, in writing to the Executive Vice President within five (5) 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 meeting exists.
• There was a procedural error that substantially affects the outcome of the meeting.

The Executive Vice President or designee will review the written appeal and  determine if one or more of the grounds for appeal has merit.  If a determination is made that the appeal has merit, the Executive Vice President or designee will schedule a meeting with the accused student.  A student’s advisor or advocate may attend this meeting but may not participate except to advise the student.  The Executive Vice President or designee will render a decision to the student in writing within five (5) business days of the appeal hearing. Students may request a review of a denied appeal in writing within five (5) business days to the college president’s office.  The president shall issue a decision in writing to the student within five (5) business days of the appeal.
Section V: Sanctions for Misconduct
Sanctions for misconduct include but are not limited to the following:

• Summary Suspension:  A suspension imposed without a hearing to ensure the safety and well being of members of the college, which shall include an oral or written statement from the CCO 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 suspended are still responsible for paying balances owed for tuition, fees, books and/or student housing. Suspensions are noted on the student’s 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:  denial of the use of college facilities or services, e.g., denial 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 (usually fewer than ten days) after which the student is eligible to return.  During this time the student cannot qualify for graduation, register for or attend classes, or participate in 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 of balances owed for tuition, fees, books and/or student housing.  Suspensions are noted in the student’s academic 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 may 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 at the discretion of the faculty member.
• Course Failure:  Failure of a student from a course in which misconduct occurred.
• Discretionary Sanctions:  Additional academic assignments or other sanctions imposed 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

Section VI: Other Policy Provisions

• Summary Suspensions

In certain circumstances, the Executive Vice President may impose a summary suspension prior to proceedings described above.  A summary suspension may be imposed only when, in the judgment of the Executive Vice President, the accused student’s presence on the college campus constitutes a threat to the safety and well being of the student, 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 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 Executive Vice President. 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 two (2) 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’s decision to remove the transcript notation will be made based on the circumstances surrounding the request and the original offense.

 December, 2010