The Colorado general assembly hereby finds that students enrolled in public institutions of higher education shall have the following rights:
Taken from www.state.co.us/cche 23-1-125. Colorado Commission on Higher Education directive - Student Bill of Rights
Students are subject to the same federal, state, and local laws as non-students and are the beneficiaries of the same safeguards of individual rights. As members of the academic community, students are expected to conduct themselves in a reasonable manner. Students should at all times try to promote a sense of cooperation and work to build an atmosphere that will be most conducive to the goals of higher education. Members of the College community shall recognize the authority of the College to publish and maintain its own set of rules and regulations. It is the responsibility of all members of the College community to make themselves aware of the rules and regulations of the institution and comply with those rules and regulations. All members of the College community, while on campus or while participating in College-sponsored activities (on or off campus), are expected to comply with College rules and regulations and with the regulations of off-campus sites.
Conduct that violates student rights and freedoms and is subject to disciplinary action includes, but is not limited to:
Plagiarizing, cheating, or committing any other form of academic misconduct including, but not limited to, unauthorized collaboration, falsification of information, and/or helping someone else violate reasonable standards for academic behavior. Students who engage in any type of academic dishonesty are subject to both academic consequences as determined by the instructor and to disciplinary action as outlined in the Morgan Community College disciplinary procedures.
Engaging in any disruptive behavior that negatively affects or impedes teaching or learning (regardless of mode of delivery or class setting); or disrupts the general operation of the college.
Engaging in deceitful acts, including, but not limited to: forgery, falsification, alteration, misrepresentation, non-disclosure, or misuse of documents, records, identification and/or educational materials.
Conduct that is deemed detrimental, harmful and/or damaging to the college and/or that jeopardizes the safety of others as determined by the Vice President for Student Success. Examples include, but are not limited to, slamming doors, throwing chairs, and/or defacing of college property, or property of others.
Discrimination or harassment on the basis of sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation.
Sexual Misconduct offenses include, but are not limited to Sexual Harassment, Non-Consensual Sexual Contact (or attempts to commit same), Non-Consensual Sexual Intercourse (or attempts to commit same), and/or Sexual Exploitation. (See SP 4-120a for more information: http://www.cccs.edu/SBCCOE/Policies/SP/PDF/SP4-120a.pdf)
Possession or distribution of any unauthorized firearms, ammunition, explosives, fireworks and/or other dangerous weapons (or chemicals/flammable liquids) or use/threat of use of any instrument (including, but not limited to paint ball guns, pellet guns, air soft guns, bow and arrows, knives) as a weapon to intimidate, harass, or cause harm to others.
Use, being under the influence, manufacturing, possession, cultivating, distribution, purchase, or sale of alcohol and/or drugs (illegal and/or dangerous or controlled substance) and/or alcohol/drug paraphernalia while on college owned or college controlled property, and/or at any function authorized or supervised by the college and/or in state owned or leased vehicles.
Note: Although possession and use of marijuana consistent with the requirements of the Colorado Constitution is no longer a crime in the State of Colorado, the possession and use of marijuana remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug Free Schools and Communities Act, the use and/or possession of marijuana continues to be prohibited while a student is on college owned or college controlled property, and/or any function authorized or supervised by the college and/or in state owned or leased vehicles.
Dress or personal hygiene that fails to meet the established safety or health standards of specific classes or activities offered by the college.
Leaving children unattended or unsupervised in campus buildings or on campus grounds unless enrolled or participating in authorized campus activities.
Participation in illegal gambling activities on college owned or college controlled property, and/or any function authorized or supervised by the college and/or in state owned or leased vehicles.
Entry into or use of any building, room, or other college-owned or college-controlled property, grounds, or activities without authorized approval. This also includes, but is not limited to the unauthorized possession, duplication or use of college keys, lock combinations, access codes, and access cards and/or credentials and/or propping open or tampering with doors/windows.
Unacceptable uses of any college-owned or operated equipment, network or system including, but not limited to: knowingly spreading computer viruses; reposting personal communications without author’s consent; copying protected materials; using the network for financial or personal gain, commercial activity, or illegal activity; accessing the network using another individuals account; unauthorized downloading/uploading software and/or digital video or music; downloading/uploading, viewing or displaying pornographic content, or any other attempt to compromise network integrity.
Possession of any unauthorized pet or animal, excluding trained service animals (For residential dorms only: and/or assistance animals) while on college-owned or college-controlled property.
Tampering with the process of any college recognized student organization, election or vote.
Students who are members of a college recognized student organization or group and commit a violation of the Student Code of Conduct may be accountable both as an individual and as a member of the student organization.
Entering or attempting to enter any college-sponsored activity without proper credentials for admission.
Note: Additional disciplinary policies may be in effect for the health occupations. Please refer to these programs for specific information. Students in the above programs do not in any way forgo their right of due process through the grievance procedure.
Also note: In most circumstances, college will treat attempts to commit code of conduct violations as if those attempts had been completed
Violations of the above may result in, but are not limited to, fines, restitution, community service, and/or disciplinary procedures.
For a complete copy of the Student Disciplinary Procedure M4-30 go to: www.MorganCC.edu/studentdiscipline
Morgan Community College's disciplinary procedures determine responsibility for violations of the Code of Conduct and determine the appropriate consequences for violations of policy. The purpose is to safeguard the college community and provide a developmental experience for the student. The college disciplinary procedures are separate and distinct from any legal proceedings.
Students are expected to adhere to the Student Code of Conduct and policies and procedures of MCC. If a student is charged with violating MCC's Code, these are the procedures to be used in resolving the charge.
Chief Student Services Officer (CSSO):
Kent Bauer, Vice President Student Success
920 Barlow Road, Fort Morgan, CO 80701
Sanctions: One or more of the following may be imposed when there is a finding that a student has violated MCC’s Code of Conduct.
5. Interim Suspension: An immediate action taken by the CSSO to ensure the safety and well-being of members of the college community; preservation of college property; or if the student poses a definite threat of disruption or interference to others or the normal operations of the college. In the event of an interim suspension, the hearing before the CSSO or designee shall occur as soon as possible following the interim suspension. If the college issues a permanent sanction, the student shall be afforded appeal rights as discussed below. If the college does not implement a permanent sanction, the interim suspension will be removed from the student’s record.
The CSSO or designee shall receive all allegations of student misconduct, investigate the complaints, which includes meeting with the student to give him/her the opportunity to respond to the allegations of misconduct. If the allegations of misconduct are discrimination and/or harassment based on federal or state civil rights laws, the college will investigate those incidents through the Civil Rights Grievance and Investigation Process, System President’s Procedure (SP) 4-31a, College Procedure M4-31a.
Once the investigation is complete, either through this process or the Civil Rights Grievance and Investigation process, the CSSO or designee shall render a sanction decision.
The CSSO or designee may decide that the charges can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to them. If an administrative resolution is not achieved, the CSSO or designee shall issue a decision which determines whether the alleged conduct occurred; whether the conduct violated the Code of Conduct or College procedures; and impose a sanction(s) if appropriate. The student shall receive written notice of the decision and be advised of his/her right to appeal the Decision, by filing a written appeal with the CSSO or designee within seven (7) days of service of the Decision. See appeal section of policy online at www.morgancc.edu/studentdiscipline
SPECIAL DISCIPLINE PROCESS PROVISIONS
For list of Special Discipline Process Provisions see Student Disciplinary Procedure M4-30 at www.morgancc.edu/studentdiscipline.
It is a violation of this procedure to engage in retaliatory acts against any employee or student who reports an incident(s) of code of conduct violations or any employee or student who testifies, assists or participates in the discipline proceeding, investigation or hearing relating to such allegation(s) of code of conduct violations.
CODE OF CONDUCT:
A document developed and published by each college which defines prescribed conduct of students.
The individual/committee designated by the College President to hear student disciplinary appeals.
CHIEF STUDENT SERVICES OFFICER:
The individual designated by the College President to administer student affairs and be responsible for administering the College’s Student Conduct Code and this procedure.
Notices that are required to be given by this procedure shall be considered served upon the student when given by personal delivery or mailing by certified mail to the address the student has filed with the College’s Admissions and Records office. If notice is mailed, student shall be given three (3) additional days to respond.
One or more of the following may be given when there is a finding that a student has violated the College’s Code of Conduct.
A Notice served upon the student advising him/her that he/she is violating or has violated College regulations.
After a finding of violation of the Code of Conduct, restriction of student’s privileges for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any college regulations during the probationary period.
Other Disciplinary Sanction
Fines, restitution, denial of privileges, assignment to perform services for the benefit of the College or community; or other sanction that doesn't result in the student being denied the right of attending classes.
College Suspension or Expulsion
An involuntary separation of the student from the College for misconduct apart from academic performance for a specified period of time not to exceed one/two academic terms.
Suspension differs from expulsion in that after the stated time period, the student is eligible for re-admission. Expulsion is a separation for more than two academic terms: a student is not eligible for re-admission unless at the end of the separation he/she can prove that the behavior that resulted in the expulsion has been resolved. Students may be suspended from a class, use of a College facility or an activity in the sole determination by an authorized College employee that the conduct is in violation of the Code. The suspension is subject only to an appeal to the President or his/her designee to ensure that the action was taken pursuant to College policies. Students may be suspended from one class period by the responsible faculty member; longer suspensions can be done only in accordance with College procedures.
An immediate action taken by the President or his/her designee to ensure the safety and well-being of members of the College community or preservation of College property; to ensure the student’s own physical or emotional safety and well-being; or if the student poses a definite threat of disruption or interference with the normal operations of the College. In such event, the hearing before the Impartial Decision-Maker (if requested by the student), shall occur as soon as possible following the suspension.
Refers to calendar day unless otherwise noted below.
The Chief Student Services Officer or his/her designee shall receive all allegations of student misconduct, investigate the complaints, and make a Decision. He/she may decide that the charges can be disposed of administratively by the mutual consent of the parties involved on a basis acceptable to him/her. If an administrative resolution is not achieved, the Chief Student Services Officer or his/her designee shall issue a Decision which determines whether the alleged conduct occurred; whether the conduct violated the Code of Conduct or College policies or procedures; and impose a sanction(s) if appropriate. The student shall receive written Notice of the Decision and be advised of his/her right to appeal the Decision by filing a written appeal with the Chief Student Services Officer or his/her designee within seven (7) days of service of the Decision. In the case of suspension or expulsion, the sanction shall be imposed no earlier than six (6) days after service of the Notice unless it is a summary suspension or the sanction is agreed to by the student. If an appeal is requested, suspension and/or expulsion shall not be imposed until the appeal procedures below have been completed.
In the event of an appeal, the Chief Student Services Officer or his/her designee shall give written Notice to the student and the Impartial Decision-Maker which describes the conduct to be inquired into; the Code of Conduct and/or College policies or procedures which were allegedly violated; the date, time and place of the alleged violation; the sanction that is threatened; and the date, time and place of the hearing before the Impartial Decision-Maker. The Notice shall be given at least (7) days prior to the hearing, unless a shorter time is agreed to by the parties.
CONDUCT OF HEARINGS
The Impartial Decision-Maker shall determine its own hearing procedures, keeping in mind the following guidelines:
DETERMINATION BY IMPARTIAL DECISION-MAKER
The Impartial Decision-Maker shall make its findings and determinations in closed meeting out of the presence of involved parties including the student charged. Separate findings are to be made as to the conduct of the student, and on the sanction(s), if any, to be imposed. No discipline shall be imposed on the student unless the Impartial Decision-Maker is persuaded by a preponderance of the evidence that the student committed the alleged conduct and that it constituted a violation of the Code of Conduct and/or College regulations; that the student should be sanctioned (including modifying the sanction imposed below) and that the discipline is reasonable given the violation. The student and the Chief Student Services Officer or his/her designee shall be given written Notice of the Decision. The Decision shall be issued within five (5) calendar days of the close of the hearing and it shall become final unless a petition for review is filed.
PETITION FOR REVIEW
The Chief Student Services Officer or his/her designee or the student may petition the President to review the Impartial Decision-Maker’s Decision by filing a written petition within five (5) days after notification of the Decision. If a review is requested, the other party will have three (3) days to respond to the petition and his/her response materials will be given to the President to review before a Decision on the petition is made.
The President shall review the record of the case and the Petition for Review and may affirm, or reverse the decision of the Impartial Decision-Maker. The record shall consist of the Impartial Decision-Maker’s written documents and the recording of the hearing and any written materials submitted in support of the Petition for Review. The President shall notify the Chief Student Services Officer including the student in writing of his/her Decision within fourteen (14) days of service of the Petition for Review. The President’s decision is final.
College disciplinary proceedings may be instituted against a student charged with violation of a law if the violation occurred at the College or College-sanctioned activities or was of such a nature as to impact the College which is also a violation of the College’s Student Code of Conduct. Proceedings may be carried out prior to, simultaneously with, or following off-campus civil or criminal proceedings. Time limits for scheduling of hearings may be extended at the discretion of the Impartial Decision-Maker. The procedural rights afforded to students above may be waived by the student.
Students discipline policy can be found at http://www.cccs.edu/SBCCOE/Policies/SP-TOC.html
Students are expected to adhere to the Student Code of Conduct and policies and procedures of the College and if a student is charged with violating his/her College’s Code, he/she is entitled to have these procedures followed in the consideration of the charge.
For complete copy of the Sexual Misconduct Procedure M3.4-120a go to: www.morgancc.edu/sexualmisconduct
If you believe you have been or are the victim of sexual misconduct or sexual harassment, including sexual assault, sexual violence, you may report such conduct or file a complaint under Title IX with the Title IX Coordinator. Complaints of student sexual misconduct are addressed by the Title IX Coordinator and are governed by the "Policy and Procedures for Sexual Misconduct M3.4-120a," which may be found at www.morgancc.edu/sexualmisconduct.
Sexual Misconduct offenses include, but are not limited to:
Sexual Harassment is:
MCC can only respond to allegations of misconduct if it is aware of the misconduct. Further, MCC can more effectively investigate the sooner the allegation is brought to its attention. Any employee, student, authorized volunteer, guest or visitor who believes that he or she has been subjected to sexual misconduct, or believes someone else a part of the MCC community is being subjected to sexual misconduct, shall contact:
Anyone can request advice and information about possible ways to proceed and to put the college on notice.
MCC shall investigate complaints pursuant to M3-50b and M4-31a, Civil Rights Grievance and Investigation Process for Employees and Students.
Reporting an Incident of Sexual Misconduct
In order to take appropriate corrective action, MCC must be aware of discrimination, harassment and related retaliation that occurs in MCC employment and educational programs or activities. Therefore, anyone who believes s/he has experienced or witnessed discrimination, harassment or related retaliation should promptly report such behavior to the Title IX and/or EO Coordinator, Susan Clough, Vice President for Administration and Finance.
It is a violation of this procedure to engage in retaliatory acts against any employee or student who reports an incident of sexual misconduct, or any employee or student who testifies, assists or participates in a proceeding, investigation or hearing relating to such allegation of sexual misconduct.
For a complete copy of the Student Grievance Procedures M4-31 & M4-31a go to: www.MorganCC.edu/grievances
NON-CIVIL RIGHTS COMPLAINTS
This Student Grievance Procedure is intended to allow students an opportunity to present an issue which they feel warrants action, including the right to secure educational benefits and services.
The Chief Student Services Officer is charged with hearing non-civil rights complaints. See Student Grievance procedure M4-31 at www.morgancc.edu/grievances
CIVIL RIGHTS GRIEVANCE AND INVESTIGATION
Board Policy (BP) 3-120 and BP 4-120 provides that employees and students shall not be subjected to unlawful discrimination and/or harassment on the basis of sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation in employment conditions or educational programs or activities.
The Tile IX Coordinator has been charged with investigating complaints of discrimination or harassment brought by students, faculty, staff, or visitors to the college. See Civil Rights Grievance and Investigation Process M-4-31a at www.morgancc.edu/grievances
A grievable offense is any alleged action which violates or inequitably applies State Board Policies, System President's Procedures, and College Procedures. The complainant must be personally affected by such violation or inequitable action.
The following matters are not grievable under this procedure except as noted: matters over which the college is without authority to act; grades and other academic decisions unless there is an allegation that the decision was motivated by discrimination and/or harassment which should be filed under the appropriate Civil Rights Grievance and Investigation Process.
FILING A COMPLAINT
All complaints shall be made as promptly as possible after the occurrence. A delay in reporting may be reasonable under some circumstances; however, an unreasonable delay in reporting is an appropriate consideration in evaluating the merits of a complaint or report.
WHO TO REPORT TO
Student Grievance Incident Report Form:
To file a non-civil rights complaint, complete the Student Grievance Incident Report Form found at www.morgancc.edu/grievances
Submit all Student Grievance Incident Report forms to:
Morgan Community College
CSSO: Kent Bauer, Vice President for Student Success
920 Barlow Road
Fort Morgan, CO 80701
Telephone: (970) 542-3111
Complaint Incident Report Form (Civil Rights):
To file a civil rights grievance complete the Complaint Incident Report Form found at www.morgancc.edu/grievances
Report all concerns or complaints relating to discrimination or harassment to the Title IX/EO Coordinator:
Morgan Community College
Susan Clough, Vice President for Administration and Finance
920 Barlow Road, Fort Morgan, CO 80701
Students with complaints of this nature also have the right to file a formal complaint with the United States Department of Education at:
Office for Civil Rights (OCR)
The United States Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: (303) 844-5695
Facsimile: (303) 844-4304
It is a violation of the grievance procedure to engage in retaliatory acts against any employee or student who files a grievance or any employee or student who testifies, assists or participates in the grievance proceeding, investigation or hearing relating to such grievance.
Enrolled student, a client or volunteer who is providing a service to benefit the College under the supervision and control of a College employee. A client or volunteer may only grieve a decision that bans him or her from the campus.
A grievable offense is any alleged action which violates or inequitably applies written College policies or procedures.
The Grievant must be personally affected by such violation or in equitable action. A Grievance must be brought to the formal stage within twenty (20) calendar days of the date the student knows or reasonably should have known about the action.
CHIEF STUDENT SERVICES OFFICER:
The College employee designated by the College President to administer student grievances. Grievances alleging discrimination issues may be referred to the employee responsible for ensuring equal opportunity access.
The relief that the Grievant is requesting.
Another student, volunteer, client, faculty member and/or administrator identified by the Grievant as causing or contributing to the Grievance.
The following matters are not grievable under this procedure except as noted:
Matters over which the College is without authority to act; grades and other academic decisions unless there is an allegation that the decision was motivated by illegal discrimination; and disciplinary actions taken pursuant to BP 4-30.