04:02:00
ACADEMIC/CLASSROOM CONDUCT AND DISCIPLINARY SANCTIONS
Please refer to
Tennessee Board of Regents Policy No 3:02:00:01
I.
Pellissippi State
Technical Community college students are citizens of the state, local, and
national governments, and of the academic community and are, therefore,
expected to conduct themselves as law-abiding members of each community at all
times.
Admission to
Pursuant to this authorization, the
college has developed the following regulations that are intended to govern
student conduct on the campus. In addition, students are subject to all
national, state, and local laws and ordinances.
If a student's violation of such laws or ordinances also adversely
affects
II.
Disciplinary Offenses
A. Generally, through
appropriate due process procedures, college disciplinary measures shall be
imposed for conduct that adversely affects
B. Individual or organizational
misconduct that is subject to disciplinary sanction shall include but not be
limited to the following examples:
1. Conduct dangerous to self or
others. Any conduct that constitutes a serious danger to any
person's health, safety, or personal well-being, including any physical abuse
or immediate threat of abuse.
2. Hazing. Any intentional or reckless act in Tennessee, on or off
the property of any higher educational institution, by one student, acting
alone or with others, that is directed against any other student, that
endangers the mental or physical health or safety of that student, or that
induces or coerces a student to endanger such student's mental or physical
health or safety. Hazing does not
include customary athletic events or similar contests or competitions and is
limited to those actions taken and situations created in connection with
initiation into or affiliation with any organization.
3. Disorderly conduct. Any individual or group behavior that is abusive,
obscene, lewd, indecent, violent, excessively noisy, or disorderly, or that
unreasonably disturbs other groups or individuals.
4. Obstruction of or interference
with
5. Any unauthorized occupancy
of college or college-controlled facilities or blockage of access to or from
such facilities.
6. Interference with the right
of any college staff member or other authorized person to gain access to any
college or college-controlled activity, program, event, or facilities.
7. Any obstruction or delay of
a campus security officer, firefighter, or any college official in the
performance of his/her duty.
8. Misuse of or damage to
property. Any act of misuse, vandalism, malicious or
unwarranted damage or destruction, defacing, disfiguring, or unauthorized use
of property belonging to Pellissippi State including but not limited to fire
alarms, fire equipment, elevators, telephones, college keys, library materials,
and/or safety devices; and any such act against a member of the college
community or a guest of Pellissippi State.
9. Theft, misappropriation, or
unauthorized sale of property. Any act of theft,
misappropriation or sale of
10. Misuse of documents or
identification cards. Any forgery, alteration of, or unauthorized
use of Pellissippi State documents, forms, records, or identification cards,
including the giving of any false information or withholding of necessary
information in connection with a student's admission, enrollment, or status at
the college.
11. Firearms and other dangerous
weapons. Any possession of or use of firearms or dangerous
weapons of any kind.
12. Explosives, fireworks, and
flammable materials. The unauthorized possession,
ignition, or detonation of any object or article that could cause damage by
fire or any other means to people or property, or possession of any substance
that could be considered to be and used as fireworks.
13. Alcoholic beverages. The use and/or possession of alcoholic beverages is
not allowed on Pellissippi State-owned or -controlled property.
14. Drugs. The unlawful possession or use of any drug or
controlled substance (including any stimulant, depressant, narcotic, or
hallucinogenic drug or substance, or marijuana), or sale or distribution of any
such drug or controlled substance.
15. Gambling. Gambling in any form.
16. Financial irresponsibility. Failure to promptly meet financial
responsibilities to
17. Unacceptable conduct in
hearings. Any conduct at a
18. Failure to cooperate with
19. Attempts and aiding and
abetting the commission of offenses. Any attempt
to commit any of the foregoing offenses or the aiding and abetting of the
commission of any of the foregoing offenses (an "attempt" to commit
an offense is defined as the intention to commit the offenses coupled with the
taking of some action toward its commission).
20. Violations of state or
federal laws. Any violation of state or federal laws or
regulations prescribing conduct or establishing offenses, which laws and
regulations are incorporated herein by reference.
21. Violation of general rules
and regulations. Any violation of the general rules and
regulations of
III.
Academic and Classroom Misconduct
A. The instructor has the
primary responsibility for control over classroom behavior and maintenance of
academic integrity and can order the temporary removal or exclusion from the
classroom of any student engaged in disruptive conduct or conduct in violation
of the general rules and regulations of
B. Academic misconduct
committed either directly or indirectly by an individual or group is subject to
disciplinary action. Prohibited
activities include but are not limited to the following practices:
1. Cheating, including but not
limited to unauthorized assistance from material, people, or devices when
taking a test, quiz, or examination; writing papers or reports; solving
problems; or completing academic assignments.
2. Plagiarism, including but
not limited to paraphrasing, summarizing, or directly quoting published or
unpublished work of another person, including online or computerized services,
without proper documentation of the original source.
3. Purchasing or otherwise
obtaining prewritten essays, research papers, or materials prepared by another
person or agency that sells term papers or other academic materials to be
presented as one’s owns work.
4. Taking an exam for another
student.
5. Providing others with
information and/or answers regarding exams, quizzes, homework or other
classroom assignments unless explicitly authorized by the instructor.
6. Any of the above occurring
within the Web or distance-learning environment.
Upon discovery
of a student's participation in academic misconduct, the student is immediately
responsible to the instructor of the class, who will meet with the offending
student with evidence of the misconduct.
In addition to other possible disciplinary sanctions that may be imposed
as a result of academic misconduct, the instructor has the authority to assign
either (1) an F or zero for the assignment or (2) an F for the course.
C. If the student believes that
he/she has been erroneously accused of academic misconduct and if his/her final
grade has been lowered as a result, the student may appeal the case through the
following procedures.
1. The student may discuss the
case with the Academic Department Dean for that discipline.
2. If the student seeks further
appeal, he/she may ask the Academic Department Dean to contact the Vice
President of Learning, who will determine any additional steps to be taken.
IV.
Disciplinary Action
A.
Disciplinary action may be taken against a student for violations of
the above regulations that occur on Pellissippi State-owned, leased, or
otherwise-controlled property, or that occur off
campus when the conduct impairs, interferes with, or obstructs any college
activity of the missions, processes, and functions of the college. In addition, disciplinary action may be taken
on the basis of any conduct, on or off campus, that
poses a substantial threat to people or property within the
B.
For the purpose of these regulations, a “student” shall
mean any person who is registered for study at Pellissippi State for any
academic period, including the time that follows the end of an academic period
that the student has completed until the last day for registration for the next
succeeding regular academic period, and during any period while the student is
under suspension from Pellissippi State.
V.
Disciplinary Sanctions
A.
Upon a determination that a student or organization has violated any of
the rules, regulations, or disciplinary offenses set forth in these
regulations, the following disciplinary sanctions may be imposed, either singly
or in combination, by the appropriate Pellissippi State officials:
1.
Restitution. A student who has committed an offense
against property may be required to reimburse
2.
Warning. The appropriate
3.
Reprimand. A written reprimand, or censure, may be given
to any student whose conduct violates these regulations. Such a reprimand does not restrict the
student in any way but does have important consequences. It signifies to the student that he/she is
being given another chance to conduct himself/herself as a proper member of the
college community, but that any further violation will result in more serious
penalties. In addition, a reprimand does
remain on file in a student's personnel record for a period of one year.
4.
Restriction. A restriction upon a student's or
organization's privileges for a period of time may be imposed. This restriction may include, for example,
denial of the right to represent
5.
Probation. Continued enrollment of a student on
probation may be conditioned upon adherence to these regulations. Any student placed on probation will be
notified of such in writing and will also be notified of the terms and length
of the probation. Probation may include
restrictions upon the extracurricular activities of a student. Any conduct in violation of these regulations
while on probationary status may result in the imposition of a more serious
disciplinary sanction.
6.
Suspension. If a student is suspended,
he/she is separated from
7.
Expulsion. Expulsion entails a permanent
separation from
8.
Interim or summary suspension. Though as a general rule,
the status of a student accused of violations of college regulations should not
be altered until a final determination has been made in regard to the charges
against the student. Summary suspension
may be imposed upon a finding by the Vice President of Student Success and
Enrollment Management or his/her designated representative that the continued
presence of the accused on campus constitutes an immediate threat to the
physical safety and well being of the accused, or of any other member of the
Pellissippi State community or its guests; destruction of property; or
substantial disruption of classroom or other campus activities. In any case of immediate suspension, the
student shall be given an opportunity at the time of the decision or
immediately thereafter to contest the suspension, and if there are disputed
issues of fact or cause and effect, the student shall be provided a hearing on
the suspension as soon as possible
a.
In cases involving second and/or third instances of academic
misconduct, the student will be subject to further disciplinary action. The Vice President of Student Success and
Enrollment Management will notify the student, and a hearing shall be afforded
the student according to the procedures outlined in the college catalog and
handbook.
b.
Students found guilty of repeated academic misconduct may receive one
of the following sanctions:
(1)
Second offense: Suspension for
the semester with possible referral for additional sanctions.
(2)
Third offense: Expulsion from
the college.
B. The President of Pellissippi
State is authorized, at his/her discretion, to convert any sanction imposed to
a lesser sanction, or to rescind any previous sanction, in appropriate cases.
VI.
Cases of Alleged Sexual Assault
A. In cases involving alleged
sexual assault, both the accuser and the accused shall be informed of the
following:
1. Both the accuser and the
accused are entitled to the same opportunity to have others present during a
disciplinary proceeding.
2. Both the accuser and the
accused shall be informed of the outcome of any disciplinary proceeding
involving allegations of sexual assault.
VII.
Disciplinary Procedures
A.
Admission to
B.
The student defendant shall be afforded all rights required by due
process including the following:
1.
Written notice of the alleged violation(s) and the time and place of
the hearing in the matter.
2.
The right to an advisor of his/her choice; the right to present
evidence in his/her behalf; the right to call witnesses in his/her behalf; and
the right to cross-examination.
3.
A tape recording or summary transcription of the proceedings shall be
kept and made available to the student upon request for the sole purpose of
appeal from a decision of suspension or expulsion. The student may also have a verbatim
transcript made at his/her own expense.
4.
The right to appeal the decision of the Pellissippi State official or
the Student Disciplinary Hearing body to the Pellissippi State President
through the chair of the Student Disciplinary hearing Body.
5.
The right to attend classes and required Pellissippi State functions
until a hearing is held and decision is rendered, except when a student’s
physical or emotional safety and well-being are endangered; when the general
safety and well-being of the faculty, staff, or other Pellissippi state
personnel are endangered; when the orderly progression of the educational
objectives of Pellissippi state may be disrupted; or when Pellissippi State
property is in jeopardy.
C.
All cases that may result in suspension or expulsion of a student from
Pellissippi State, a program, or a course for disciplinary reasons, or in
revocation of registration of a student organization during the term of the
registration are subject to the contested case provisions of the Tennessee
Uniform Administration Procedures Act (TUAPA) and shall be processed in
accordance with the uniform contested case procedures adopted by TBR unless the
student waives those procedures in writing and elects to have his/her case
disposed of in accordance with Pellissippi State procedures established by
these rules.
VIII. Due Process Procedures
A.
In cases that involve actions of misconduct that would cause the
student or students to be subjected to disciplinary action, a hearing shall be
afforded the student according to the procedures outlined below:
1.
All complaints of alleged misconduct of a student shall be made in
writing to the Vice President of Student Success and Enrollment
Management. The complaint shall contain
a statement of facts outlining each alleged act of misconduct and shall state
the regulation the student is alleged to have violated.
2.
The Vice President of Student Success and Enrollment Management shall
investigate the complaint. If it is
determined that the complaint is without merit, the investigation shall
promptly cease. If it is determined that
there is probably cause to believe a violation did occur, the process shall
proceed as outlined.
3.
The student shall be notified in writing by the Vice President of
Student Success and Enrollment Management that he/she is accused of a violation
and will be asked to come in for a conference to discuss the complaint. At the conference, the student shall be
advised of the following:
a. He/she may admit the alleged
violation, waive a hearing in writing, and request that
b. He/she may admit the alleged
violation in writing and request an adjudication
before the Student Disciplinary Hearing Body.
c. He/she may deny the alleged
violation in writing and request an adjudication
before the Student Disciplinary Hearing Body.
d. If appropriate, the student
shall be advised of the option to utilize the TUAPA. If the student elects to proceed under the
institutional process, a waiver of TUAPA hearing shall be signed.
B. In cases referred to the
Student Disciplinary Hearing Body, the Vice President of Student Success and
Enrollment Management shall, at least five days in advance of the hearing,
notify the student in writing concerning the following:
1. The date, time, and place of
the hearing.
2. A statement of the specific
charges and grounds that, if proven, would justify disciplinary action being
taken.
3. The names of witnesses
scheduled to appear.
C. The student defendant may
designate three people from the faculty and/or student body to observe the
hearing; the chair of the Student Disciplinary Hearing Body may, for good
cause, designate three observers from the faculty and/or student body. The Student Disciplinary Hearing Body,
however, may exclude any person who may be reasonably expected to interfere
materially with the hearing. Otherwise,
the hearing and other deliberations of the Student Disciplinary Hearing Body
shall be closed except for appropriate observers from
D. The decision reached at the
hearing shall be communicated in writing to the student. It shall specify the action taken by the
Student Disciplinary Hearing Body. Upon
the request of the student, a summary of the evidence shall be provided to the
student.
E. The student shall be
notified in writing of his/her right to appeal the decision of the Student
Disciplinary Hearing Body to the President of Pellissippi State through the chair of the Student Disciplinary Hearing Body within five
days of receipt of the decision. In
cases of appeal, any action assessed by the Student Disciplinary Hearing Body
shall be suspended pending outcome of the appeal. A copy of the final decision shall be mailed
to the student.
Approved: Executive Council, March 4, 1991
Editorial Changes, April 18, 1993
Reviewed/Recommended: President’s Council,
April 10, 1995
Approved: President Allen G. Edwards, April 10, 1995
Approved: President Allen G. Edwards, November 29,
1999
Editorial Changes: November 15, 2002
Approved: President Allen G. Edwards, November 3,
2003
Approved: President Allen G. Edwards, October 18,
2004
Reviewed/Recommended: President’s Staff,
October 8, 2007
Approved: President Allen G. Edwards, October 8,
2007
Editorial Changes, July 2008