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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 Pellissippi State carries with it special privileges and imposes special responsibilities apart from those rights and duties enjoyed by nonstudents.  In recognition of the special relationship that exists between the college and the academic community that it seeks to serve, the Tennessee Board of Regents (TBR) has authorized the President of Pellissippi State under its jurisdiction to take such action, as may be necessary, to maintain campus conditions and preserve the integrity of the college and its educational environment.

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 Pellissippi State's pursuit of its educational objectives, the college may enforce its own regulations regardless of any proceedings instituted by other authorities.  Conversely, violation of any section of these regulations may subject a student to disciplinary measures by the college whether or not such conduct is simultaneously in violation of state, local, or national laws.

II.        Disciplinary Offenses

A.     Generally, through appropriate due process procedures, college disciplinary measures shall be imposed for conduct that adversely affects Pellissippi State's pursuit of its educational objectives, that violates or shows a disregard for the rights of other members of the academic community, or that endangers property or people on college or college-controlled property.

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 Pellissippi State activities or facilities.  Any intentional interference with or obstruction of any college activity, program, event, or facilities, including the following:

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 Pellissippi State property or any such act against a member of the college community or a guest of Pellissippi State.

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 Pellissippi State including but not limited to passing a worthless check or money order in payment to the college or to a member of the college community acting in an official capacity.

17.   Unacceptable conduct in hearings.  Any conduct at a Pellissippi State hearing involving contemptuous, disrespectful, or disorderly behavior, or the giving of false testimony or other false evidence at any hearing.

18.   Failure to cooperate with Pellissippi State officials.  Failure to comply with directions of college officials acting in the performance of their duties.

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 Pellissippi State as published in an official Pellissippi State publication, including the intentional failure to perform any required action or the intentional performance of any prohibited action.

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 Pellissippi State.  Extended or permanent exclusion from the classroom or further disciplinary action can be effected only through appropriate procedures of Pellissippi State.

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.

 

Pellissippi State instructors are responsible for communicating information to their students about college and classroom requirements meant to promote academic honesty.  Included in this information should be a discussion of the college’s Statement of Academic Honesty.  Instructors also have the responsibility to insure that exams, etc. are appropriately proctored to discourage instances of academic misconduct.

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.

Pellissippi State students accept full responsibility for the quality and authenticity of submitted course work.  When confronted with evidence of academic misconduct, students may admit their participation and accept the penalty imposed by the instructor.  The instructor will inform the department head of the violation, and the department head will forward written notice of the violation to the associate vice president of Student Affairs and Satellite Campuses, who will keep records of the incident.

 

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 department head for that discipline.

2.       If the student seeks further appeal, he/she may ask the department head to contact the vice president of Academic and Student Affairs, 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 Pellissippi State community.

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 Pellissippi State or other owner for damage or misappropriation of such property.  Any such payment in restitution shall be limited to actual cost of repair or replacement.

2.       Warning.  The appropriate Pellissippi State official may notify the student that continuation or repetition of specified conduct may be cause for other disciplinary action.

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 Pellissippi State in any way, of the use of facilities, of parking privileges, of participation in extracurricular activities, or of full organizational privileges.

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 Pellissippi State for a stated period of time with conditions for readmission stated in the notice of suspension.

7.       Expulsion.  Expulsion entails a permanent separation from Pellissippi State. The imposition of this sanction does become a part of the student's permanent record and is a permanent bar to the student's readmission to Pellissippi State.

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 associate vice president of Student Affairs and Satellite Campuses 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 associate vice president of Student Affairs and Satellite Campuses 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 Pellissippi State implies the student agrees to respect the rights of others and observe civil laws.  Conduct regarded as dangerous or threatening which warrants response by local law enforcement officials will carry an immediate temporary suspension of the student from the college.  If the court convicts the student, the college may expel the student solely on the findings of the criminal court.  If the college does not exercise this option, the student must begin the disciplinary process after the court proceeding concludes.

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.  Pellissippi State shall have this option at its 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 associate vice president of Student Affairs and Satellite Campuses.  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 associate vice president of Student Affairs and Satellite Campuses 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 associate vice president of Student Affairs and Satellite Campuses 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 Pellissippi State officials take appropriate action.

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 associate vice president of Student Affairs and Satellite Campuses 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 Pellissippi State administration.

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