Student Code of Conduct

Article I: Statement of Purpose

The Board of Trustees, administration, faculty, and staff of Muskegon Community College have a primary concern for the academic achievement standards and personal integrity of our students. We recognize our obligation to protect MCC property and we take a special interest in the mental and physical health and safety of our community. We are committed to preserving the peace, uplifting campus morale, and creating a civil climate on our campus. Students enrolling in MCC as well as visitors on campus assume an obligation to behave in a manner compatible with the MCC’s function as an educational institution. MCC has adopted the following policies and procedures as an expression of its expectations of student conduct.

Article II:

Section A:
Jurisdiction of MCC
College jurisdiction extends to individuals and conduct on college premises as well as student conduct which occurs off college premises or online and which adversely affects members of the MCC community and/or the pursuit of the MCC mission

Section B:
Conduct-Rules and Regulations
Any student or organization found to have committed or to have attempted to commit any of the following acts of misconduct is subject to the disciplinary sanctions outlined in Article IV.

Section 2.01
Acts of being dishonest or facilitating academic dishonest, including, but not limited to:

(a) Cheating, including cyber cheating
(b) Fabricating
(c) Plagiarizing, including internet plagiarizing
(d) Committing acts of forgery
(e) Bribing, purchasing or receiving another’s work and using or submitting it as one’s own
(f) Submitting the same assignment to more than one instructor without the permission of the instructors

Section 2.02
Violation of any provisions of the professional and/or ethical codes of programs in the fields of respiratory therapy, nursing, or any other applicable programs.
Section 2.03
Interference with the college-approved operation of any college-recognized student organization.
Section 2.04
Disorderly conduct affecting (but not limited to): administration, disciplinary proceedings, disruption or obstruction of teaching, research, and other college and campus activities.
Section 2.05
Conduct which alarms, threatens, or in some manner unreasonably disrupts the learning process of another student and/or the ability of faculty to teach.
Section 2.06
Physical abuse, verbal abuse, threats, intimidation, stalking, coercion and/or other conduct which threatens or endangers the health, well-being, or safety of any person.
Section 2.07
Sexual misconduct. (See the Sexual Misconduct Policy)
Section 2.08
Harassment which serves to degrade the status of another person. Most often, harassment focuses on a personal attribute, singling it out for ridicule, attack, or disparagement. Such attributes include, but are not limited to age, economic class, gender, gender identity, transgender status, physical or mental disability, race or ethnic origin, religion, and sexual orientation, gender identity and transgender status. Harassment may include physical contact, written, electronic or verbal comments or suggestions, obscene or offensive pictures or jokes, hostile or threatening gestures or other forms of degradation. This includes acts of harassment carried out by one or more students on behalf of and/or at the request of another student.
Section 2.09
Theft or unauthorized use or possession of and/ or damage to property of MCC, property of a member of the MCC community, or other personal or public property.
Section 2.10
Hazing, which is an act which endangers the mental or physical health or safety of a student, or involves the forced consumption of liquor or drugs, 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 group or organization. Consent of the participants is not a defense against a complaint of hazing.
Section 2.11
Failure to comply with directions of an MCC employee, or emergency or service personnel acting in performance of their official duties.
Section 2.12
Failure to identify oneself to an MCC employee, or emergency or service personnel acting in performance of their official duties when requested to do so.
Section 2.13
Unauthorized possession, duplication or use of keys, combinations, or access cards or codes to any MCC premise, or unauthorized entry to or use of MCC property.
Section 2.14
Violation of published MCC policies, rules, or regulations found in, but not limited to, the college course catalog.
Section 2.15
Use, possession, or distribution of illegal drugs, narcotics or other controlled substances, and drug-related paraphernalia, except as permitted by federal, state, and/or local law. (See the Drug-free Campus Policy.)
Section 2.16
Public intoxication or the use, possession or distribution of alcoholic beverages except as expressly permitted by federal, state, and/or local law and MCC regulations (See the Drug Free Campus Policy.)
Section 2.17
Possession of firearms, explosives, or other weapons, or unauthorized use of dangerous chemicals or substances on MCC premises. (See the Weapons Policy.)
Section 2.18
Participation in a campus demonstration which disrupts the normal operations of MCC and infringes on the rights of other members of the MCC community; leading or inciting others to disrupt scheduled, and/or normal activities within any campus building or area.
Section 2.19
Intentional obstruction of the free flow of pedestrian or vehicular traffic on MCC premises or at MCC sponsored or supervised functions.
Section 2.20
Conduct which is disorderly, lewd, or indecent; a breach of peace; or aiding, abetting, or procuring another person to breach the peace on MCC premises or at functions sponsored by, or participated in, by MCC.
Section 2.21
Theft or other abuse of computer resources, including, but not limited to:

(a) Commercially using computing resources
(b) Intercepting data
(c) Committing acts of forgery
(d) Willfully engaging in practices that place undue burdens on MCC resources (spamming, for example) Engaging in or disseminating defamatory,discriminating, privately,embarrassing, fraudulent, harassing, illegal, intimidating, obscene, threatening, or unwelcome electronic communications
(e) Unauthorized copying, modifying, or destroying the MCC network or Internet-based files
(f) Accessing or attempting to access or use the MCC network or Internet resources for which the user is not authorized or granted explicit permission

Section 2.22
Abuse of the disciplinary, including but not limited to:

(a) Failing to comply with the directive to appear attend or attend a meeting with an administrator after having received appropriate notification of such directive, falsifying, distorting, or misrepresenting information.
(b) Disrupting or interfering with the orderly conduct of a disciplinary proceeding
(c) Influencing or attempting to influence another person to commit an abuse of the disciplinary system
(d) Attempting to discourage an individual’s proper participation in, or use of the disciplinary system
(e) Attempting to influence the impartiality of a disciplinary administrator during the course of a disciplinary proceeding
(f) Harassing (verbal or physical), threatening, intimidating, and/or retaliating against any person involved in a disciplinary proceeding
(g) Failing to comply with a sanction imposed under the Student Rights and Responsibilities (h) Failing to comply with an agreed upon informal resolution

Section 2.23
Engaging in gambling activities defined as illegal by federal, state or local law and/or MCC regulations.
Section 2.24
Engaging in behavior prohibited by federal, state, and/or local laws.

Article III:

Disciplinary Procedures

Student misconduct may be handled in one of two possible ways: counseling or disciplinary action. Counseling will occur when a student appears to have behavioral problems that stem from emotional or psychological difficulties. Disciplinary action may be taken immediately in an emergency situation by the Dean of Student Services or designee if the welfare of the individual or other is endangered. Action taken should be documented to the Provost and Chief Student Services Officer of MCC.

Section A:
Complaints and Resolution
Section 3.01
Any member of the MCC community may file a complaint against a student for allegedly violating the Code of Conduct. The person who files the complaint shall be the reporting party. The student alleged to have violated the code of conduct shall be the responding party.
Section 3.02
All complaints shall be prepared in writing and directed to the Dean of Student Services or designee. A complaint shall contain:

(a) The identity of the reporting party and the responding party;
(b) The specific element(s) of the code of conduct alleged to have been violated;
(c) The date, time, and place of the alleged violation(s);
(d) Supporting documentation if any exists; and
(e) The names of any witnesses.

Section 3.03
All reports or complaints should be made as promptly as feasible after the concurrence. A delay in reporting may be reasonable under some circumstances, as determined on a case-bycase basis. An unreasonable delay in reporting, however, may be taken into consideration in evaluating the complaint or report.
Section 3.04
The Dean of Student Services or designee shall determine if the alleged conduct may constitute a violation of the code of conduct. If so, the case shall proceed for adjudication.

Section B:
Resolution
Section 3.05
Filing a complaint shall not always require a formal adjudication process. In the event that the Dean of Student Services or designee elects to seek an informal resolution, he/she may review all relevant information, interview pertinent witnesses and bring together the reporting party and responding party, if desirable.
Section 3.06
Resolution shall be achieved when the Dean of Student Services or designee, reporting party, and responding party, are satisfied that the behavior at issue has been addressed and a mutually acceptable outcome has been achieved. The resolution shall be written by the Dean of Student Services or designee and emailed to both parties.
Section 3.07
A party’s failure to respond to a request by the Dean of Student Services or designee’s request to participate in an informal resolution or the failure to appear or participate in an informal resolution may result in a letter to both parties, warning that failure to respond may result in a referral of the complaint to the disciplinary board for a hearing.
Section 3.08
If the Dean of Student Services or designee is unable to resolve the complaint to the mutual satisfaction of both the reporting party and the responding party, the Dean of Student Services or designee shall advise the reporting party and responding party of his/her rights to proceed formally.

Section C:
Findings of Fact and Recommendations
Section 3.09
After reading statements, interviewing responding party, witnesses, and reviewing evidence, a member of the Behavioral Intervention Team shall either dismiss the complaint or find that the responding party violated the code of conduct.
Section 3.10
Finding that the responding party violated the code of conduct shall be made on the basis of whether it is more likely than not that the responding party violated the code of conduct.
Section 3.11
The responding party shall be presumed not responsible for a violation of the code of conduct until it has been demonstrated through credible information and evidence that it is more likely than not that the student committed the violation.
Section 3.12
If the Behavioral Intervention Team member determines that the responding party violated the Code of Conduct, they shall recommend a sanction for the violation.

Section D:
Appeal Procedure
Section 3.13
A student may appeal the outcome of the matter. A review of the matter will be prompt. A party may seek review only on the following grounds.

(a) To consider new information sufficient to alter the decision, or other relevant facts not brought out in the original hearing, because such information was not known or knowable to the person appealing during the time of the hearing.
(b) To allege a procedural error within the process that may have substantially impacted the fairness or outcome of the investigation.

Section 3.14
Appeals must be submitted in writing to the Provost and Chief student Services Officer or designee within 7 business days from the day of the parties are notified about the outcome of the Formal Resolution. Upon receipt of an appeal the Provost and Chief Student Services Officer or designee will appoint an appellate review panel of 3 members from a pool of trained Behavioral Intervention Team members. The panel will review the material within 15 days of receipt of the appeal. The panel will examine all documentation of the process and report to determine if there is a reasonable basis for changing the outcome. The panel will issue a written determination of the appeal, which could include:

(a) Affirm the original finding and sanction
(b) Affirm the original finding but issue a new sanction, which may be of greater or lesser severity, based on the new information.
(c) Change original finding to not responsible for violation of the code of conduct due to a procedural or factual defect. All sanctions are dismissed.

Section 3.15
The panel’s determination is final. The student shall receive written notice of the outcome of the appeal which will include any change to the result that occurs prior to the time that such results become final; and when such results become final.
Section 3.16
Potential student sanctions will be applied based upon the facts and circumstances of the case. Possible student sanctions may include those listed in Article IV Section A but may include counseling and/or disciplinary action including but not limited to: reprimand, warning, no contact order, loss of privileges, suspension, probation, or dismissal from the College.
Section 3.17 Recommended sanctions will not be imposed while the appeal is being reviewed unless the nature of the conduct under review or other circumstances involved dictate otherwise.

Article IV: Sanctions

Section A:
Interim Suspension of Privileges
Section 3.18
Faculty members retain the right to remove from the classroom (for the duration of that class period) any student demonstrating disruptive behavior. It is the responsibility of the faculty member to report the incident to the Dean of Student Services or designee and to indicate if they do not want the student to return to class (interim suspension) and the rationale for that request. This request will be acted upon by the Dean of Student Success or designee prior to the next class session.
Section 3.19
The Dean of Student Services or designee may issue an interim suspension of privileges for the following reasons. (a) To insure the safety and well-being of members of the MCC community or to preserve MCC property; (b) To insure a student’s safety or wellbeing; or (c) If a student poses a threat of disruption or interference with the normal operations of MCC.
Section 3.20
During the interim suspension, a student may be denied access to MCC activities, facilities, classes, or other privileges for which the student might otherwise be eligible, as the Dean of Student Success or designee may determine to be appropriate.
Section 3.21
The decision to suspend privileges for an interim period shall be communicated by the Dean of Student Success or designee in writing to the responding party and shall be effective immediately. Notification shall either be delivered via students MCC email account or sent by certified mail. Failure or refusal to take receipt of notification shall not negate or postpone said action. The appropriate MCC officials shall be notified of the interim suspension including those directly involved in the pending complaint.
Section 3.22
The interim suspension of privileges shall remain in effect until a final decision has been made regarding pending complaints or until the Dean of Student Success or designee determines that the reason for imposing the interim suspension of privileges no longer exists. Absent exigent circumstances, or unless otherwise agreed to by both parties, an expedited hearing shall take place within 10 business days of notification of the interim suspension.

Section B:
Other Sanctions
Section 3.23
The following sanctions may be imposed individually or in combination for any violation(s) of the code of conduct:
(a) Reprimand. A verbal or written reprimand may be issued for minor forms of misbehavior. The reprimand will be recorded in the Office of the Provost and Chief Student Services Officer but will not become part of the student’s official record.
(b) Warning. A written notice to the student, identifying the nature of the code of conduct violation(s). The warning shall be placed in the student’s official record.
(c) Loss of privileges. Revocation of specified privileges for a specified time period (use of MCC facilities, co-curricular activities, and work study, for example).
(d) Restitution. Compensation for loss, damage, or injury. Restitution may be monetary, an appropriate form of service, or the replacement of specific materials, as dictated by the situation.
(e) Educational project. Completion of a project specifically designed to help the student understand why the violation of the code of conduct was inappropriate.
(f) Probation. A written reprimand for violation of a specified item in the code of conduct. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found responsible for violating the code of conduct during the probationary period.
(g) Suspension. Separation from MCC for a specified period of time after which the student is eligible to return or the organization may resume its activities.
(h) Permanent separation from MCC.
Section 3.24
The proper MCC authorities shall be notified of any sanction imposed.
Section 3.25
Sanctions shall be recorded in the student’s official file and a record of it will be maintained in the office of the Provost and Chief Student Services Officer. (Minor forms of misbehavior will not become part of the student’s official record.). To the maximum extent permitted under FERPA, all records are considered educational records.

Section 3.26
The following sanctions may be imposed upon student clubs or organizations:
(a) The sanctions are listed above in Section B: Other Sanctions
(b) Deactivation or loss of recognition for a specified period of time.

Article V: Withdrawal and Readmission

The Provost and Chief Student Services Officer shall be advised of any student who voluntarily withdraws from MCC while a complaint is pending. The student must present adequate evidence of permission to re-enroll. Permission for reenrollment may be granted only after the complaint has been resolved, unless circumstances dictate otherwise. If the complaint cannot be resolved because the complainant, witnesses or evidence are not available, such permission may be denied by the Provost and Chief Student Services Officer.