Student Code of Conduct and Disciplinary Procedures

Student Code of Conduct

As set forth in Board Policy 07.28.01 – Student Code of Conduct and Disciplinary Procedures (pdf), the Student Code of Conduct seeks to support student engagement in learning and leadership and prevent interference with educational opportunities by maintaining an orderly, safe, educational environment. The purpose of the Code is to give students general notice of prohibited behaviors and ensure that students do not engage in conduct that disrupts the educational environment and the normal operations of the College.

The Student Code of Conduct should not be equated to state or federal criminal codes. The Code, grounded in procedural fairness, focuses on disciplined and courteous truth-seeking, not adversarial procedures. Lake Land College requires that in all situations, students be informed of the allegations against them and be given a fair opportunity to respond to the allegations.

Actions or activities that constitute violations of the Student Code of Conduct will result in appropriate disciplinary action. Violations of the Student Code of Conduct include but are not limited to the following:

1. Violations of the Academic Integrity Code. (See Board Policy 07.28.02 – Academic Integrity Code (pdf).)
2. Violations of federal, state or local law which occur on College property or in the course of a College sponsored activity. Such violations are also subject to referral to the College’s Police Department and/or other civil authorities for investigation and action.
3. Attempted or actual theft or unauthorized possession of College property or services or the property or services of others.
4. Illegal or unauthorized possession, use of, being under the influence of, or distribution of drugs or alcoholic beverages on any College property or at College-sponsored activities.
5. Illegal or unauthorized possession, of firearms, look-alike weapons, or dangerous chemicals or explosives on College property or at College-sponsored activities or use of such items, even if legally possessed, in a manner that harms, threatens, or causes fear to others.
6. Intentional damage to or destruction of College property or of property on College premises belonging to others.
7. Reckless driving and parking a student vehicle in unauthorized areas. (See Board Policy 11.13 – Traffic Regulations and Parking (pdf).)
8. Inciting, encouraging or participating in a riot on College property or at a College-sponsored activity.
9. Unauthorized possession, duplication or use of keys or other access devices to any College premises, or unauthorized entry to, or use of, secured College premises.
10. Behavior by any student, in or out of class, which for any reason materially disrupts the class work or educational environment of others, involves substantial disorder, invades the rights of others, or otherwise disrupts the regular and essential operation of the College.
11. Verbal abuse, threats, intimidation, harassment and/or other conduct which threatens or endangers the health or safety of any person.
12. Threatening, attempting, or committing physical violence against any person, endangering the health and safety of any person, or causing reasonable apprehension of such harm.
13. Any verbal, written, electronic, or physical behavior, such as a disparaging comment, epithet, slur insult or other expressive behavior, that is directed at a particular person or a group of persons, and which creates an environment wherein the verbal or physical behavior is inherently likely to provoke a violent reaction whether or not it actually does so.
14. Hazing, which is defined as any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that:
    • is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and
    • causes or creates a risk, above the reasonable risk encountered in the course of participation in the College or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including, but not limited to:
      • whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;
      • causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
      • causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
      • causing, coercing, or otherwise inducing another person to perform sexual acts;
      • any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
      • any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and
      • any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, State, Tribal, or Federal law;
      • any activity that induces, causes or requires another person to perform a duty or task that involves a violation of College policies.
    • A student organization is defined as any group at a higher education institution – including social clubs, societies, athletic teams, fraternities, sororities, bands, or student government –comprising of two or more enrolled students, whether officially recognized by the College or not.
15. Substantially interfering with the freedom of expression of others.
16. Failure to comply with the directions of College employees and other College officials, including law enforcement officials, and their authorized agents acting in the performance of their duties.
17. Actions which obstruct, disrupt, or physically interfere with the use of College premises, buildings, rooms, or hallways, or a refusal to vacate a building, street, sidewalk, driveway or other facility of the College when directed to do so by a College official.
18. Misrepresentation or falsification of any official records required of the student by the College.
19. Participation in the name of the College in any non-sanctioned activities.
20. Misusing, altering or fabricating a Lake Land College ID Card.
21. Intentionally furnishing false information to the College or any College official.
22. Intentionally initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency.
23. Violations of other College rules, procedures or policies, including but not limited to policies related to sex-based misconduct, discrimination/harassment, computer/technology use, campus demonstrations, smoking or use of tobacco products, eating/drinking and rules governing participation in student organizations and athletic teams.

Lake Land College reserves the right to take necessary and appropriate disciplinary action to protect the safety and well being of the College community. Such action may include conduct not committed on College property if, at the sole discretion of the College, such conduct causes or can reasonably be expected to cause a material or substantial disruption to the educational environment or the normal operations of the College or infringe on the rights of other members of the College community.

In the event of disruptive activities occur on campus or at College sponsored activities, staff may request assistance from the Lake Land College Police Department and/or proper law enforcement agencies, and those involved will be subject to arrest and/or disciplinary sanctions.

The primary responsibility for managing the classroom environment rests with the faculty. Students who engage in any prohibited or unlawful acts that result in disruption of a class may be directed by the faculty member to leave the class for the remainder of the class period. Suspensions from a class exceeding a class period or dismissal from a course on disciplinary grounds must follow the Disciplinary Procedures described as part of this Code.

Disciplinary Procedures

When the Vice President for Student Services is presented with sufficient evidence to indicate a student is suspected of violating the Student Code of Conduct, the Vice President for Student Services will notify the accused student in writing of the alleged violation, the proposed sanctions to be imposed (to the extent known at the time), and offer the student an opportunity to meet with the Vice President for Student Services (or their designee) to discuss the allegations, and present any information or evidence in support of their position. Students alleged to have engaged in misconduct have the option to accept the proposed sanctions and decline a meeting with the Vice President for Student Services.

Any written notice issued to the student will be delivered in person, via email or United States mail to the student’s last known address. The last known address shall be that address as reported to the Admissions and Records Office at the time of the student’s last enrollment.

If, after the meeting between the student and the Vice President for Student Services, or after the student fails to participate in such a meeting, the Vice President for Student Services determines that the student has violated the Student Code of Conduct, the Vice President for Student Services shall notify the student in writing of their determination, including the provisions of the Student Code of Conduct which have been violated and the disciplinary sanctions to be imposed. One or more of the following disciplinary sanctions may be imposed:

1. Reprimand: Notice, orally or in writing, that the student is, or has, violated the Student Code of Conduct, and continuation or repetition of violations may be cause for more severe disciplinary action.
2. Academic Sanction: Student may receive a reduced or failing grade in the course(s) and/or disenrollment from the course or academic program.
3. Disciplinary Probation: Student is placed on probation for a designated period of time. Additional restrictions or conditions may also be imposed as part of the disciplinary probation. Violations of the terms of disciplinary probation, or any other violation of the Code during the period of probation, may result in suspension or dismissal from the College.
4. Loss of Privileges: Student is prohibited from participating in, scheduling, or attending extracurricular activities including participation on an athletic team, of the College for a designated period of time. Student athletes may be subject to suspension or dismissal from an athletic competition, team, or program for violations of the Code of Conduct, in accordance with the procedures outlined in the Student-Athlete Principles of Conduct.
5. Restitution: Student is required to make repayment to the College or to an affected party for damages resulting from violation of this Code.
6. Discretionary Sanctions: Work assignments, fines, participation in educational sessions, service to the College or other related assignments as determined by the Vice President for Student Services.
7. Administrative Withdrawal: Student may be withdrawn from one or more College courses.
8. Suspension: Exclusion from classes and other College activities and events for a specific time period not to exceed one calendar year. Petition for readmission at the end of the time period must be made through the Student Conduct Review Board. Students who are suspended from the College will not be permitted to be present on College property or any College owned building during the period of suspension without the written approval from the Vice President for Student Services or designee.
9. Dismissal: Exclusion from classes and other College activities and events for one calendar year or longer. If a student wishes to be admitted after the end of the designated time period of dismissal, the student must petition the Student Conduct Review Board for readmission. Students who re-enter the College and do not meet the conditions required by the Student Conduct Review Board may be permanently dismissed. Students who are dismissed from the College will not be permitted to be present on College property or any College owned building during the period of dismissal without the written approval from the Vice President for Student Services or designee.

Disciplinary Hearing Procedures

In cases where a student is recommended for suspension or dismissal, the Vice President for Student Services will direct the matter to the Student Conduct Hearing Board to schedule a disciplinary hearing, unless the student opts to waive their right to a hearing. The student must notify the Vice President for Student Services within 10 business days of receipt of the Vice President’s written determination whether they intend to proceed with a hearing before the Student Conduct Hearing Board or waive their right to a hearing and accept the Vice President’s determination. Where a student waives their right to a hearing before the Student Conduct Hearing Board, the decision of the Vice President for Student Services will be considered final, and the proposed disciplinary sanctions will be imposed.

The Student Conduct Hearing Board shall consist of five (5) members: two (2) students, two (2) faculty members and one (1) administrator or staff member. An additional administrator or staff member shall be identified to serve as the presiding officer. The student shall be notified, in writing, of the time and place of the hearing, and provided with a copy of the College’s hearing procedures. The student may request to review their student conduct file prior to the hearing, by submitting a written request to the Office of the Vice President for Student Services at least 3 business days prior to the hearing.

The hearing shall be private and closed to the public unless otherwise agreed by College officials and the student. At the hearing, the Vice President for Student Services will present the allegations against the student, any evidence relevant to the allegations, and will present the recommended disciplinary sanctions to be imposed. The student will be afforded an opportunity to respond to the allegations, and to present any evidence and/or witnesses on their behalf. The student may bring an attorney or an advisor of their choice (at the student’s own expense) to advise them during the hearing, but not to act as a spokesperson for the student. The College may also have its attorney present. Any party to the hearing may present witnesses subject to questioning by the Student Conduct Hearing Board. All procedural questions are subject to the final decision of the presiding officer.

The Student Conduct Hearing Board shall determine whether the student engaged in misconduct in violation of the Code of Conduct, and the appropriate disciplinary sanction to be imposed. A verbatim record (i.e., audio or audiovisual recording) of the proceedings shall be taken and made available to College officials and the student. The decision of the Student Conduct Hearing Board will be determined by a majority vote of the membership, with all deliberations private, without the presence of the student, the Vice President for Student Services, attorneys, advisors, or other parties.

If it is found that the student did not violate the Code, all records of allegations, documentary evidence and statements shall be destroyed, with only the verbatim record retained. If it is found that the student violated the Code, the Student Conduct Hearing Board shall determine the disciplinary sanctions to be imposed. The disciplinary sanctions may include any of the sanctions previously identified in this policy and may be more or less severe than the sanctions proposed by the Vice President for Student Services. The student will be notified, in writing, of the Student Conduct Hearing Board’s determination and rationale for such. The decision of the Student Conduct Hearing Board is considered final.

Students may be accountable both to civil authorities and to the College for acts that constitute violations of federal, state or local laws and of this Code. Disciplinary action at the College will normally proceed during the pendency of criminal proceedings and will not be subject to challenges on
the grounds that criminal charges involving the same incident have been dismissed, reduced or are still pending.

Appeals
Students determined to have violated the Student Code of Conduct may appeal the Vice President for Student Services or the Student Conduct Hearing Board’s determination to the College President (or the President’s designee) by submitting an appeal request, in writing, to the Office of the Vice President for Student Services within 10 business days of receipt of notice of the initial conduct decision. The basis for filing an appeal is limited to one or more of the following grounds: 1) A procedural error occurred, which materially affected the determination. 2) New relevant evidence or information, that was unknown at the time of the initial determination, which could materially affect the determination. 3) The disciplinary sanctions imposed are not appropriate for the violation, considering both prior misconduct and mitigating circumstances. Students who have been issued a warning/reprimand, discretionary sanctions, or non-disciplinary measures do not have the option to appeal the Vice President for Student Services determination.

Review by College President (or their designee)
The College President’s review will be limited to the basis asserted by the student. The College President (or designee) will notify the student, in writing, of their decision within ten (10) business days. The decision of the College President (or designee) is considered final.

Interim Suspension

A student may be immediately suspended on an interim basis by the Vice President for Student Services (or designee), prior to the completion of an investigation and/or final disciplinary determination, when the student is deemed a direct threat to the health and safety of members of the College community or to the stability and continuance of normal College operations. The student will be provided with written notice of the interim suspension, including the applicable Code of Conduct violations, and terms of the interim suspension. A student subject to Interim Suspension may appeal the Interim Suspension to the College President (or President’s designee) by submitting a written request for review, within ten (10) business days of the written notice. The review of an Interim Suspension decision will be limited to determining whether the student’s alleged conduct meets the “direct threat” criteria listed above. A student’s failure to submit a request for appeal of the Interim Suspension within the required ten (10) business day timeframe constitutes a waiver of the student’s right to appeal the Interim Suspension. During the Interim Suspension, the student is not permitted to be on campus or attend any College-sponsored events or activities. The student may be permitted to attend classes virtually, pending the availability of this modality and instructor approval. Unless prohibited by the Interim Suspension, the student may contact their instructors during the suspension regarding
continued course work with the written approval from the Vice President for Student Services.