Student Code of Conduct and Discipline Procedures

TABLE OF CONTENTS

Jurisdiction of College Over Student Misconduct.......................................................................... 1

Students’ Responsibility to Read and Comply with Conduct Standards.................................... 1

  1. DEFINITIONS............................................................................................................................. 1
  2. PROHIBITED CONDUCT............................................................................................................ 3
    1. Academic Dishonesty.................................................................................................. 3
    2. Other Prohibited Conduct.......................................................................................... 4
    3. Relationship Between College Discipline and the Violation
      of Federal, State or Local Laws.................................................................................. 7
  3. DISCIPLINARY PROCEDURES................................................................................................... 8
    1. Procedures Which Apply to Allegations of Academic Dishonesty.......................... 8
    2. Sanctions for Academic Dishonesty........................................................................... 9
    3. Procedures Which Apply to Other Prohibited Misconduct Other
      Than Academic Dishonesty.......................................................................................... 9
    4. Sanctions for Prohibited Misconduct Other Than Academic Dishonesty............ 12
    5. Student Disciplinary Records................................................................................... 13
  4. INTERPRETATION AND AMENDMENT...................................................................................... 13

Introduction

Students at Kishwaukee College are expected to demonstrate integrity, honesty, civility and respect. These values are important to the learning environment and should guide the conduct of everyone inthe College community, in and out of the classroom setting.

The College's Student Code of Conduct prohibits certain behaviors and activities which interfere with the orderly operation of the College and the pursuit of its educationalmission and vision.  The prohibited behaviors and activities which violate this Student Code of Conduct are set out in Part II below.

Jurisdiction of College Over Student Misconduct

The College may impose discipline for student misconduct which occurs on College premises, or on property owned by the Kishwaukee College Foundation, while using College technology, or at an activity, function or event sponsored or supervised by the College (whether in or out of the classroom setting).  Discipline may be imposed for violations of the Student Code of Conduct which are committed off campus, if the misconduct interferes with the College’s operations or educational programs or environment, or adversely affects the safety or well-being of members of the College community.

Charges alleging academic dishonesty as defined in Part II.A. of this Code are under the jurisdiction of the Dean of the academic department involved and the Vice President of Instruction, and will be processed under the procedures set out in Parts III.A. and III.B. of this Code.  A student who is charged with other prohibited conduct as defined in Part II.B. will receive a notice informing him or her of the alleged violation(s) and an opportunity to respond to the allegations, as further set out in Part III.C. and III.D. of this Code.

Students’ Responsibility to Read and Comply with Conduct Standards

Each student is responsible toread and comply with the Student Code of Conduct, which is publishedin the Student Handbook andCollege Catalog, posted on the College website, and available in the offices of the Vice President of Student Services, the Dean of Student Services and theCampus SecurityOffice. In addition, students should also consult and comply with standards of classroom behavior as stated in individual course syllabi.

I. DEFINITIONS  

For purposes of this Student Code of Conduct,

  1. "Academic year is defined as the College’sfall, spring and summer terms.
  2. “Authorized campus event” refers to an event sponsored by one or moreofficially recognized student groups.
  3. “Bias incident” refers to harassment or discrimination based on race, color, sex, gender expression, sexual orientation, religion, national origin, age, disability, veteran or marital status, or retaliation for complaining about harassment or discrimination is a violation of federal and state law.
  4. “Business Day” means a weekday (excluding Saturday and Sunday) on which College classes are held.
  5. "College" means Kishwaukee College.
  6. "College premises" includes all land, buildings, facilities, and other property in the possession of or owned, used or controlled by the College.
  7. "Faculty member" means any person employed or otherwise engaged by the College to conduct classroom orlaboratory practicum instruction.
  8. “Gender-based or sexual misconduct” refers to types of misconduct described in the document entitled “Definitions of Gender-based or Sexual Misconduct” and a copy of which may also be obtained from the Office of the Dean of Student Services.
  9. “Hate crime” refers to a bias incident which violates acriminal statute, such asbut not limited to assault or property damage.
  10. "Judicial Board" refers to the entity which is responsible to determine whether charged violations of the General Code of Conduct Rules have occurred and if so, to recommend sanctions. The Judicial Board shallconsist of one administrator; two faculty members appointed by the Faculty President; and two students appointed by the Coordinator of Student Activities. The Dean of Student Services shall designate one member of the Judicial Board to serve as its Chair. 
  11. “Matter” means any book, magazine, newspaper or other printed or written material; any picture, drawing, photograph, motion picture or other pictorial representation; or any recording or transcription thereof delivered by electronic communication.
  12. "Member of the College community" includes any person who is a student, faculty member, College official, or any other person employed by or visiting the College.
  13. “Obscene matter” means any matter which an average person, applying contemporary community standards, would find to be, taken as a whole, appealing to the prurient interest in the way in which the work depicts or describes sexual conduct in a patently offensive way, and lacking serious literary, artistic, political or scientific value.
  14. "Official" includes any person employed by the College toperform administrative or professional staff duties.
  15. "Organization" means any group that has complied with the formal requirements for College recognition.
  16. “Preponderance of theevidence” is a standard of proof. Proving aproposition by a preponderance of the evidence requires demonstrating that the proposition is more likelytrue than not true.
  17. "Student” means anyperson who applies for admission to the College, or is accepted to register,or takes College courses whether on afull-time or part-time basis.
  18. “Trained students” refer to those students selected by the Coordinator of Student Activities to participate in the judicial process upon completion of a group or one-on-one judicial affairs orientation.
  19. “Will”/ “shall ”/ “may”: The terms “will” and “shall”areused in the imperative sense. The term “may” is used in the permissive sense.

II.  PROHIBITED CONDUCT

  1. Academic Dishonesty
  2. Academic dishonesty is a serious offense and a violation of the Student Code of Conduct. Academic dishonesty includes but is not limited to the following:

    1. Cheating, such as copying another student’s academic work, paper, exam, quiz, or project, unauthorized use of calculators or other study aids or the sharing of information during a test through use of personal electronic devices or by other means; or unauthorized collaboration on academic work.
    2. Fabricating or falsifying information (such as data, results, or sources) in academic work.
    3. Forgery, such as duplicating a signature in order to represent it as authentic.
    4. Plagiarism, which is falsely representing the work of another person as the student’s own work or failing to properly acknowledge sources of information included in the student’s academic work.
    5. Assisting or attempting to assist another student to commit academic dishonesty.
  3. Other Prohibited Conduct
  4. Violations of the Student Code of Conduct shall also include:

    1. Possession, use, or distribution of an illegal or controlled substance, look-alike drug, or drug paraphernalia.
    2. Possession or use of firearms, other weapons, or explosive devices, or unauthorized possession or use of dangerous chemicals.
    3. Unauthorized and/or illegal possession, use, or distribution of any alcoholic beverage.
    4. Use of tobacco and tobacco products in unauthorized areas.
    5. Gambling in any form (except as authorized for College-approved events).
    6. Trespass on or unauthorized use of College property, including unauthorized possession, duplication or use of keys to any College facilities, or unauthorized entry to or use of secured College property.
    7. Theft of property or services, or possession or sale of stolen property.
    8. Intentional or willful and wanton destruction of or damage to property.
    9. Assault and/or battery.
    10. Conduct, including speech, which constitutes harassment, intimidation, coercion, abuse, or hazing that threatens the physical or mental well-being, health or safety of another individual.
    11. Initiating or participating in incidents of bias or hate crimes directed against another individual based on his or her actual or perceived race, gender, religion, disability, sexual orientation, ethnicity, or national origin.
    12. Gender-based or sexual misconduct (see “Definitions of Gender-based or Sexual Misconduct”, and a copy of which may also be obtained from the Office of the Dean of Student Services).
    13. Abuse of College computer, network, or other technology system resources, including unauthorized distribution of copyrighted material including through peer-to-peer or AP2P@ file sharing and other violations of the Acceptable Use Guidelines as published in the Student Handbook and updated from time to time on the College website.
    14. Misuse of cellular phones, pagers and other electronic devices including without limitation the use of such devices to engage in academic dishonesty, or to photograph or transmit photographs of individuals without their consent or in bathrooms, locker rooms or other areas in which they have a reasonable expectation of privacy.
    15. Disrupting or obstructing the College educational process, including but not limited to teaching, administration, technological services, disciplinary proceedings, or public safety functions, or public service programs or events.
    16. Furnishing false information on such forms as transcripts or applications for admission.
    17. Failing to comply with the directions of, or to identify oneself to, an authorized College employee or representative who is performing his or her duties.
    18. Any conduct that violates the terms of any discipline imposed by the College in accordance with this Student Code of Conduct and Discipline Procedures.
    19. Any conduct that constitutes a violation of a federal or state law, local ordinance, or published College policies, rules or procedures. 
  5. Relationship Between College Discipline and the Violation of Federal, State or Local Laws
    1. College disciplinary proceedings may be instituted against a student charged with violation of a federal, state or local law for misconductwhich is also a violation of this Student Code of Conduct without regard to pending civil or criminal court proceedings. College disciplinaryproceedings may be carried out prior to, concurrentlywith, or after such civil or criminal proceedings.
    2. When a student is charged by law enforcement authorities with violatingfederal, state or local law, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a disciplinaryproceeding under the Student Codeof Conduct, the College may soadvise law enforcementauthorities. The College will cooperate with authorities in the enforcement of law on campus, and in implementing such conditions asimposed by the courts may imposefor the rehabilitation of violators who are also students.
    3. To provide for the safety and welfare of the College community, theCollege may impose conditions or limitations on students who have beencharged with violating federal, state or local laws based on alleged criminal misconduct committed off campus which does not constitute a violation of the Student Code of Conduct. In such cases, no disciplinary sanctions may be imposed by the Collegeunless the student has been convicted of the chargesin a court of law after trial or because the studenthas declined to contest such charges, although not actually admitting guilt.

III. DISCIPLINARY PROCEDURES

Student conduct hearings are based on procedures designed to providefundamental fairness and on proof of Code violations by apreponderance of theevidence. They are not formal legal proceedings and are not subject to the proceduralrules that apply incivil or criminal court actions, such asbut not limited to, the rules of evidence.

Charges of academic dishonesty are brought byfaculty members tothe appropriate Dean or the Vice President of Instruction.

Any member of the College community may bring charges against a student for other violations of the Student Code of Conduct by submittingallegations of suchCode violations in writing or in person to the Vice President of Student Services or his or herdesignee, or toany member of the Campus Police department.

Student discipline records are confidential, as and to the extent provided by the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §1232g, and implementing regulations.

  1. Procedures Which Apply to Allegations of Academic Dishonesty
    1. The faculty member(s) bringing the charges(s) of academic dishonesty should document the suspected misconduct involved, and collect all evidence of the misconduct.
    2. The faculty member will then inform the student in writing, in a timely and confidential manner, of the alleged academic dishonesty, the charge(s) being brought, and the proposed sanctions. The faculty member will create a file documenting all evidence and correspondence relating to the matter.
    3. If the student wishes to contest the charge(s) and or proposed sanctions, he or she should first contact the faculty member to arrange a meeting totry to resolve the charge(s).
    4. If the student is not satisfied with the outcome of that meeting, the student may appeal in writing to the faculty member’s dean within five business days after the meeting.
    5. The student, the faculty member bringing the charge(s), and the dean will meet within a reasonable period of timeto discuss and attempt to resolve the charge(s) and or proposed sanctions. Within five business days of the meeting, the dean will confirm the points discussed at the meeting and the outcome of the meeting in writing to the student and faculty member.
    6. Within five business days after receiving the written confirmation from the dean described in III.A.5. above,if the student does not agree with the outcome of the meeting with the dean and faculty member, he or she may further appeal the charge(s) and/or the proposed sanctions to the Vice President of Instruction in writing. The student’s written appeal to the Vice President of Instructionshould explain specifically the reasons why the student believes the academic dishonesty charge(s) and/or the proposed sanctions shouldnot be upheld, and should include any pertinentsupporting documents.
    7. On receipt of a student’s appeal, the Vice President of Instruction or designee will promptly provide a copy of the student’s written appeal to the faculty member, requesting him or her to provide a written response to the appeal. Upon receipt of the faculty member’s response, the Vice President of Instruction or designeeshall provide a copy of the response to the student.
    8. Within 20 business days of receiving the faculty member’s response, the Vice President of Instruction shall issue a written decision with respect to the student’s appeal. The decision of the Vice President of Instruction shall be final.
  2. Sanctions for Academic Dishonesty
  3. Sanctions for academic dishonesty may range from a written warning to a failing grade for the course, or in a serious case, removal from the academic program involved. The severity of the penalty is left to the discretion of the faculty member, subject to appeal as provided above.  Multiple or repetitive charges may be referred by the Dean or the Vice President of Instruction to the Dean of Student Services for additional misconduct charges and proceedings under III.C. and III.D. of this Code.

  4. Procedures Which Apply to Prohibited Misconduct Other Than Academic Dishonesty
    1. Except in the case of charges of academic misconduct subject to the procedures and sanctions described in Parts III.A. and III.B., above, when a student is charged with prohibited misconduct, the Dean of Student Services or designeewill conduct a review meeting and investigation to determine whether the charges have merit, and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Dean of Student Services. If reached, such administrative disposition will be confirmed in writing, will befinal, and there will be no subsequent proceedings.
    2. If no administrative disposition of the charges is reached, the Dean of Student Services will present the allegations of misconduct to the accused student in written form, and will form a Judicial Board to hear the charges. The Judicial Board will be constituted as described in the definition of that body provided in Part I of this Code and the Dean of Student Services will thereafter give written notice of the hearing to the student by regular mail and by certified mail, return receipt requested
    3. A hearing date will be set not fewer than 10, nor more than 20 business days after the date of written notice of the hearing to the student. A copy of the hearing procedures shall be enclosed with the notice. Time limits for scheduling of hearings may be extended at the discretion of the Dean of Student Services.
    4. The Judicial Board will conduct the hearing according to the following guidelines:
      1. The hearing will be conducted in private and will not be open to members of the public. Admission of any person to the hearing will be at the discretion of the Chair of the Judicial Board, except as to persons described in subparagraph (c) below.
      2. When the charged misconduct involves more than one accused student, the Chair of the Judicial Board may permit a separate hearing to be conducted for each accused student.
      3. The complainant and the accused may each testify and may present witnesses. All witnesses are subject to cross-examination; provided, however, that in cases involving alleged sexual assault, the Chair of the Judicial Board as hearing officer shall have and exercise discretion to require that any cross-examination of the complainant take the form of written questions propounded by the accused student, which the Chair of the Judicial Board shall direct to the complainant with such editing or modification as he or she deems necessary.
      4. The Judicial Board may receive in evidence exhibits tendered by the accused student or by the complainant, subject to the discretion of the Chair to exclude proffered exhibits from evidence for stated reasons which shall be noted in the hearing record.
      5. The Chair of the Judicial Board shall resolve such procedural questions or objections as may arise in the course of the hearing.
      6. After the hearing, the Judicial Board will determine by majority vote, based on a preponderance of the evidence, whether the student committed each violation of the Student Conduct Code with which the student is charged, and shall determinesanctions.
    5. Following the hearing, the Judicial Board and the Dean of Student Services will notify the accused studentin writing of the Judicial Board’s decision and of any sanction(s) imposed.
    6. A verbatim record shall be made of each hearing before the Judicial Board, by tape recording or court reporter. The verbatim record will be the property of the College, which shall make a copy available to the student upon his or her request. The student may be charged the cost of making such a copy.
    7. No student may be found to have violated the Student Conduct Code solely because he or she failed to appear before the Judicial Board. In all cases, the evidence in support of the charges will be presented and considered at the hearing, and the Judicial Board’s decision shall be based on such evidence.
    8. A decision of the Judicial Board may be appealed by the accused student or the complainant  to the Vice President for Student Services or his/her designee, within 10 business days after receiving notice of the decision and/or the sanctions. The appeal shall be in writing, and shall explain specifically the reasons why the appealing party believes that the decision and/or sanction(s) should not be upheld.
    9. Except as otherwise provided in Item 9.f. below, an appeal to the Vice President for Student Services will be limited to a review of the record of testimony, exhibits  and arguments made at the disciplinary hearing, in order to determine whether:
      1. The accused student was given reasonable notice of and an opportunity to respond to the charged violation(s) of the Student Conduct Code;
      2. The complaining party was given a reasonable opportunity to present evidence that the accused student committed the charged violation(s);
      3. The hearing was conducted fairly in light of the charges and the evidence presented;
      4. The decision reached on the question of whether the accused student committed the charged violation(s) was based on a preponderance of the evidence introduced at the hearing;
      5. If sanctions were imposed, the sanctions were appropriate in light of the violation(s) of the Student Conduct Code which the accused student was found to have committed; and
      6. To consider new evidence of which the accused student did not know, and could not reasonably have discovered, prior to the original hearing, and which would be sufficient to alter the decision reached or the sanction(s) imposed.
    10. Within 20 business days of receiving a written appeal of a decision of and/or sanction(s) imposed bythe Judicial Board, the Vice President of Student Services shall issue a written decision with respect to the appeal. On review of appeals by students found to have violated the Code of Student Conduct, the Vice President of Student Services may affirm or reduce, but may not increase, the sanctions imposed by the Judicial Board.
    11. The decision of the Vice President of Student Services shall be final.
  5. Sanctions for Prohibited Misconduct Other Than Academic Dishonesty
    1. A student found to have committed a violation or violations described in Part II.B. of the Student Code of Conduct shall, depending upon the character and seriousness of the misconduct, be subject to one or more of the sanctions described and classified below. Notice of any sanctions imposed shall be given to the student in writing.
      1. Minor Sanctions
        1. Warning - A written notice to the student that his or her conduct is in violation of specified provisions of this Code.
        2. Reprimand and Probation - A written reprimand to the student for violation of specified regulations of this Code, accompanied by notice that the student will as a consequence be placed on probation for a designated period and that the student will be subject to additional sanctions if he or she is found to have committed additional Code violations during the probationary period.
        3. Discretionary Assignment – A written work assignment to perform community service work to benefit the College or other local governmental or non-profit entities within its territory, on recommendation to and with prior approval of the Dean of Student Services.
      2. Intermediate Sanctions
        1. Loss of Privileges - Denial of specified privileges for a designated period.
        2. Access Limitations - Restriction to or exclusion from specified locations or facilities on the College campus.
        3. Restitution - Required compensation, in the form of payment or in-kind materials or services, for loss, damage, or injury to property.
        4. Removal from a College course or courses, or from a College program.
        5. Requirement to participate in educational programs, counseling, or treatment to address alcohol or substance abuse, anger management, or gender-based or sexual misconduct, as a condition of continued attendance or (in the case of a student who has been suspended or expelled) return to attendance at the College.
      3. Severe Sanctions
        1. Suspension - Temporary removal of the student from College attendance or enrollment for a specified period of time, after which the student may be eligible to resume attendance or to re-enroll on specified conditions. A suspended student will be administratively withdrawn from his or her classes for the balance of the semester during which the suspension is imposed.  If an interim suspension has previously been imposed on the student for the misconduct involved, the official start date of the suspension will be the first date of the interim suspension.
        2. Expulsion - Permanent removal of the student from enrollment at the College.
      4. Interim Suspension - The Vice President of Student Services or the Dean of Student Services shall be authorized to impose an Interim Suspension on the student pending any hearing before the Judicial Board, if in his or her judgment such action is reasonably necessary:
        1. In order to protect the safety and physical or emotional well-being of the student or other members of the College community, and/or to protect College property, or
        2. Because the student’s presence on campus threatens to disrupt or interfere with normal operations of the College.
        A student on interim suspension will be denied access to College grounds, facilities, classes, and/or all other College activities or privileges for which he or she would otherwise be eligible, as the Vice President of Student Services may determine to be appropriate. The student shall be allowed make-up privileges if he or she is determined not to have violated the Student Code of Conduct.
  6. Student Disciplinary Records
    1. Student disciplinary records are confidential as and to the extent provided for under the federal Family Educational Rights and Privacy Act of 1974 (AFERPA@), as amended, and FERPA implementing regulations, as further explained in the College Catalogue.
    2. As provided in Item E.3., E.4., and E.5 below, records of disciplinary violations and sanctions will not be made part of the student’s permanent academic record, but will become part of the student’s confidential discipline record maintained by the Office of the Dean of Student Services.
    3. The College maintains records of disciplinary suspensions and expulsions as a permanent part of a student’s confidential disciplinary records.
    4. Records of disciplinary action for violations of the Academic Dishonesty prohibitions set out in Part II.A. of this Code shall be part of the student’s permanent confidential discipline record, unless otherwise determined by the Vice President of Instruction.
    5. Records of disciplinary action for violations of Part II.B. of this Code dealing with other types of prohibited conduct shall be part of the student’s permanent confidential discipline record, unless otherwise determined by the Vice President of Student Services.

IV. INTERPRETATION AND AMENDMENT

  1. Any question of interpretation regarding the Student Code of Conduct and Disciplinary Procedures will be referred to the Vice President of Student Services for final determination.
  2. This Code may be periodically reviewed and amended as necessary or useful, under the direction of the Vice President of Student Services, or his or her designee.

This Student Code of Conduct and Discipline Procedures is published by the office of the Dean of Student Services and is subject to change in accordance with College procedure regulations. For more information on the Student Code of Conduct, contact the Office of the Dean of Student Services, Student Center, ext. 2610.

 

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