Students | Student Code of Conduct/Judicial Process |
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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.  Specific acts which are not in accordance with the MCC Code of Conduct include:  1)    Plagiarizing, cheating and/or facilitating violations of reasonable standards of academic behavior. Matters relating to academic standards and achievement fall within the responsibility of instructional staff.  In cases of plagiarism, cheating, or other forms of academic dishonesty, the instructor will impose the sanctions as stated in the course syllabus.  Examples of the above may include but are not limited to: a. Copying, writing, or presenting another person's information, ideas, or phrasing without proper acknowledgment of their true source. b. Using a commercially-prepared term paper or project. c. Copying information from the test of another student. d. Using unauthorized materials during an examination. e. Obtaining illegally or attempting to obtain unauthorized knowledge of a test. f. Giving or selling to another student unauthorized copies of tests. g. Taking a test in place of another student or having someone take a test in his/her place. h. Unauthorized collaboration between two or more students on a test, paper, project, or activity. i. Forging, altering, or using College documents, records forms, or instruments with the intent to defraud or to furnish false information to the College or to agencies and educational institutions.  2)    Disruption of teaching, research, administration, disciplinary procedures, and other College activities, as well as, unauthorized entry, use, or occupation of MCC facilities. 3)    Preventing or attempting to prevent any student(s) from attending any class or other College activity, impeding, or disrupting any class or other College activity, or attempting to prevent any person from lawfully entering, leaving, or using any College facility. Intentional and unauthorized interference with a right of access to College facilities, freedom of movement or freedom of speech. 4)    Threatening, attempting, or committing physical violence against or endangering the health, safety, or welfare of self and/or other person(s). 5)    Damaging, destroying, or stealing College property or private property of students, College staff or guests when such property is located upon or within College buildings or facilities 6)    Possessing firearms, explosives, or other dangerous weapons (instruments that are designed to produce bodily harm) within or upon the grounds, buildings, or other facilities of the College. This policy shall not apply to a police officer or peace officer authorized by the State or the President or his/her designee. Weapons may include, but are not limited to: any type of firearm, BB guns, martial arts devices, brass knuckles, hunting knives, daggers, or similar knives or switchblades. Any instrument that is designed to look like a firearm, explosive, or dangerous weapon and that is used by a person to cause fear in or to harass another person is expressly included within the meaning of a firearm, explosive, or dangerous weapon. 7)    Conduct that is lewd, indecent, or obscene. 8)    Possessing, consuming, or distributing any alcoholic beverage on campus except in accordance with College rules and regulations; appearing on campus while intoxicated as defined by State and local laws. 9)    Illegally possessing, using, distributing, or manufacturing any narcotic, dangerous drug, or controlled substance as classified by federal, state, and local laws or appearing on campus while under the influence of any illegally-obtained narcotic, dangerous drug, or controlled substance. 10)  Failure to comply with the verbal or written directions of a College official, violating any College suspension, probation, or conditions thereof. Failing to comply with contractual obligations with the College (such as defaults on payments, loan agreements, terms of work study, employment, etc.). 11)  Using language that is degrading or abusive to any person and/or harassing any person with language as defined by State or Federal statute. 12)  Leaving children unattended or unsupervised in campus buildings or on campus grounds can constitute child abuse or child neglect (as outlined in the Colorado Child Protection Act of 1975). Children may be permitted in the class only with instructor's permission and with the understanding that the child's presence will not be disruptive or unduly distracting. (Family members or friends of students are welcome to wait for students to complete class time or school business in the Learning Resource Center (library). All other areas of campus, including the Student Center, are for student use and are considered No Loitering Zones.) 13)  Influencing or attempting to influence any employee or any student enrolled in the College through the offerings or acceptance of favors (including sexual), bribery, or any kind of threats. 14)  Intentionally publishing or disseminating any written instrument, sign, picture, object, or verbal statement, with knowledge of its falsity and with malicious intent, to impeach the honesty, integrity, or reputation of another person. 15)  Aiding, abetting, or inciting others to commit any of the acts listed above. 16)  Unacceptable uses of e-mail, which include, but are not limited to the following:
17)   Please 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.  DISCIPLINARY ACTION Students who violate any of the Standards of Conduct are subject to disciplinary action. In the event that student misconduct is severe enough to warrant administrative intervention, the following levels of discipline will be used: Â
Student Discipline PolicyStudents 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.  DEFINITIONS  Code of Conduct: A document developed and published by each college that defines prescribed conduct of students.  Impartial Decision-Maker: The individual/committee designated by the College president to hear student disciplinary appeals.  President's Designee: 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.  Notice: 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.  Sanctions: 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.  Warning: A Notice served upon the student advising him/her that he/she is violating or has violated College regulations.  Probation: 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 during the probationary period.  Other disciplinary sanctions: 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 if it is 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.  Summary Suspension: 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.  Day: Refers to calendar day unless otherwise noted below.  PROCEDURES  Decision The President 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 mutual consent of the parties involved on a basis acceptable to him/her. If an administrative resolution is not achieved, the President or his/her designee shall issue a Decision that 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 President 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 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.  Appeal In the event of an appeal, the President 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 hearing before the Impartial Decision Maker. The Notice shall be given at least seven (7) days prior to the hearing, unless the parties agree to a shorter time.  Conduct of Hearings The Impartial Decision Maker shall determine its own hearing procedures, keeping in mind the following guidelines:  1)    Student shall have the right to be heard by the Impartial Decision Maker. In the event that the student is under the age of eighteen or incapacitated, he/she may have an advisor present to assist him/her in presenting his/her case. 2)    Students do not have the right to be represented by an attorney during these proceedings except in the case where civil or criminal actions concerning the student are pending and in that case the attorney's role shall be advisory only. The student is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing except as provided in #1 above. 3)    Students shall have the right to identify documents, witnesses and other material he/she would like the Impartial Decision Maker to review before making a final decision. 4)    Hearings shall be conducted in private unless all parties agree otherwise. The Impartial Decision Maker should maintain a record of the hearing.  Determination by Impartial Decision Maker The 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 President 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 President's 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 be 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.  President's Decision The president shall review the record of the case and the petition 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 involved parties 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.  Miscellaneous 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 may be waived by the student. Student Grievance ProcedureReference: Colorado Community College System (CCCS) System Board Policies (BP) 4-30 and 4-31. Colorado Community College System President's Procedures (SP) 4-30- and 4-31.  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 without regard to sex, race, national origin or ancestry, creed, color, disability, or age, and have the issue considered in a prompt and equitable fashion.  DEFINITIONS  Grievant 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.  Grievance: Any alleged action or inequity that violates written College policy or procedure. The grievant must be personally affected by such violation. A grievance must be brought to the formal stage within 20 calendar days of the date the student knew or reasonably should have known about the action.  President's designee: 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 and access.  Remedy: The relief that the Grievant is requesting.  Respondent (s): Another student, volunteer, client, faculty member and/or administrator identified by the Grievant as causing or contributing to the grievance.  Non-grievable matters: 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.  PROCEDURES  Informal Grievant is encouraged to resolve the issue with the Respondent or his/her supervisor. In the case of grievances based upon one's race, color, creed, national origin or ancestry, disability, age or gender, the Grievant may first contact the College employee responsible for affirmative action to seek informal resolution of the issues. If the complaint alleges facts which might constitute a violation of SP 3-120a concerning sexual harassment, the administrator shall investigate and process the complaint under that procedure. While the Grievant is encouraged to resolve the issues informally, it is possible to go to the formal stage by following the process outlined below.  Formal a)    Grievant timely files a written statement of the action complained of and describes the remedy he/she is seeking with the President or his/her designee. A matter could also be referred to this process by the College president or his/her designee. Once a written grievance is filed or referred, the Vice President of Student Success or designee will determine whether or not the situation states a grievable offense. The matter will be closed if the situation is determined not grievable and the Grievant will be notified of the reasons. b)    If the matter is determined to be grievable, the President or his/her designee (which may be an individual or a committee) shall hear the Grievance. A hearing will be held which will give the Grievant, Respondent, and others invited to appear the opportunity to explain what they know about the issues surrounding the grievance. Considering the oral and written statements and documents, the President or his/her designee shall issue a Decision within ten (10) calendar days after close of the hearing. The Decision shall be served upon the Grievant and the Respondent personally or by certified mail to the addresses on file in the Admissions office. The Decision shall reject the grievance or grant the grievance and make recommendation(s) to resolve the issue(s). The decision is final unless either party files a Petition for Review with the president within five (5) calendar days of service of the Decision.  At MCC the Grievance Committee is comprised of:
 If the grievance is against a member of the grievance committee, another person shall be designated by the President shall be appointed.  c)    Upon receipt of a Petition for Review, the College president will review the record and issue a written decision within ten (10) calendar days of receipt of the Petition of Review. The President's decision is final. d)     The President or his/her designee may extend the scheduling timelines described above for good cause. If the grievance is against the President's designee, Vice President of Instruction or other person designated by the President shall perform the duties of the President's designee. Individuals may file a grievance alleging discrimination based on an otherwise qualified disability (Section 504) with: The Office for Civil Rights |
