Student Rights and Responsibilities

1.  STATEMENT NO-717 (August 2018)

 DUE PROCESS IN STUDENT DISCIPLINE

I. STATEMENT. Mississippi Gulf Coast Community College recognizes students as adults who are expected to obey the law and the rules and regulations of the College, to take personal responsibility for their conduct, to respect the rights of others, and to have regard for the preservation of state and College property, as well as the private property of others. From the time of application for admission through the actual awarding of a degree, students accept the rights and responsibilities of a membership in the College community. Students are expected to uphold community values by exercising a high standard of conduct at all times.

The Code of Student Conduct applies to all students while present on campus or at a College facility. This applies to all student conduct that occurs in connection with a College program or activity, regardless of the location. The College reserves the right to take appropriate action, up to and including expulsion, when, in the College’s judgment, a student’s conduct off-campus and not connected to any College program or activity: (1) indicates that the student may pose a danger to him or herself or to others; or (2) the conduct has a negative impact on the College community or the College’s mission.

A. Conduct Case Administrator Responsibility
The Dean of Student Services is assigned the responsibility of receiving and handling all conduct matters concerning the behavior of students, student groups, and/or student organizations. The Dean of Student Services, or his/her designee, assigns cases based on the type of behavior, status, and caseload of the conduct hearing officers. The Dean of Student Services’ Office, or its designee, has discretion in the determination of sanctions for students, student groups, or student organizations found responsible for violating the Code of Student Conduct.

B. Conduct Procedures
Conduct procedures may be initiated on individual or organizational behavior upon receipt and analysis of an official incident report or other valid complaint. The Dean of Student Services’ Office, or designee, will investigate to determine if there is sufficient cause to proceed with a conduct hearing. Should sufficient cause be determined, the hearing officer may schedule a conduct hearing with the accused student or assign the case to a Campus Conduct Committee.

II. POLICIES

The College is dedicated not only to learning and the advancement of knowledge but also to the development of responsible persons. It seeks to achieve these goals through sound educational programs and policies governing student conduct that encourage independence and maturity.

The College distinguishes its responsibility for student conduct from the control functions of the wider community. When a student has been apprehended for the violation of a law (local, state, or federal), the College will not request special consideration for them based on their status as a student. The College will cooperate fully, however necessary, with law enforcement and other agencies in any program for rehabilitation of the student.

The College will apply sanctions or take other appropriate action when student conduct directly and significantly interferes with the College’s (1) primary educational responsibility of ensuring the opportunity of all members of the College community to attain their educational objectives, or (2) subsidiary responsibility of protecting the health and safety of persons in the College community, maintaining and protecting property, keeping records, providing living accommodations and other such services, and sponsoring non-classroom activities such as lectures, concerts, athletic events, and social functions.

These regulations apply to all students, whether in full or part-time attendance, as well as those who participate in the College’s High School Equivalency programs and apprenticeships. Unfamiliarity with institutional regulations or rules is no grounds for excusing infraction.

III. VIOLATIONS

A. All students enrolled in Mississippi Gulf Coast Community College are expected to conform to the ordinary rules of society; to be truthful; to respect the rights of others, and to have regard for the preservation of state and College property as well as the private property of others. Some acts of misconduct that are unacceptable and subject the student to disciplinary action are listed below. These offenses are as follows:

1. Abuse of College Conduct System: Abuse of the College Conduct System, including but not limited to:

a. Failure to obey the summons of a Campus Conduct Committee or College official.

b. Falsification, distortion, or misrepresentation of information to a Campus Conduct Committee or College official.

c. Disruption or interference with the orderly conduct of a conduct proceeding.

d. Instituting a conduct proceeding knowingly without cause.

e. Attempting to discourage an individual’s proper participation, or use of, the conduct system.

f. Attempting to influence the impartiality of a member of a Campus Conduct Committee prior to, and/or during the course of the conduct proceeding.

g. Harassment (verbal or physical) and/or intimidation of a member of a Campus Conduct Committee prior to, during, and/or after a conduct proceeding,

h. Failure to comply with the sanctions imposed under the Code of Student Conduct.

i. Influencing or attempting to influence another person to commit an abuse of the conduct system.

2. Abuse of Computers: Theft or other abuse of computer time, including but not limited to:

a. Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.

b. Unauthorized transfer of a file.

c. Unauthorized use of another individual’s identification and password.

d. Use of computing facilities to interfere with the work of another student, faculty member or College official.

e. Use of computing facilities to send or receive obscene or abusive messages.

f. Use of computing facilities to interfere with normal operation of the College computing system.

g. Use of College network/internet to violate any local, state, or federal law.

3. Academic Dishonesty: Acts of academic dishonesty, including but not limited to, cheating on any examination or assignment, and plagiarism by the representation of previously written, published or creative work as one’s own.

4. Alcohol Possession: Possession, sale, or distribution of beer, wine or other alcoholic beverages as defined by Mississippi law and/or alcohol paraphernalia (including but not limited to beer bongs, beer funnels, and empty/decorative alcohol containers) on campus or while present at any College-sponsored activity.

5. Acts of Intolerance: Acts that adversely and unfairly target a person or group based on one or more actual or perceived characteristics: gender or gender identity, race or ethnicity, disability, religion, sexual orientation, nationality, and age.

6. Confrontational Behavior: Disruption, obstruction, or exhibiting confrontational behavior, which interferes with College functions such as teaching, administration, and conduct proceedings, other College activities, including its public service functions on or off campus, or other authorized activities.

7. Dating/ Domestic Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Exhibiting abusive behavior in any relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

8. Disorderly Conduct: Conduct which is disorderly, lewd, or indecent including use of profane, abusive, or vulgar language and or obscene gesture; a breach of the peace; assisting or procuring another person to breach the peace on College premises, or at functions sponsored by the College or in which the College participates.

9. Dress Code Violation: Clothing that bears obscene gestures or language, is in any way provocative, and/or reveals undergarments or inappropriately exposes one’s body is prohibited on campus or while present at any College-sponsored activity.

10. Drug Violation: This includes but is not limited to:

a. Possession of marijuana, illegal drugs, narcotics, controlled and/or illegal substances on campus or while present at any College-sponsored activity.

b. Illegal possession of prescription drugs on campus or while present at any College-sponsored activity.

c. Possession of drug paraphernalia (including but not limited to bongs, scales, pipes, and syringes, on campus or while present at any College-sponsored activity.

d. Sale of marijuana, illegal drugs, narcotics, controlled and/or illegal substances on campus or while present at any College-sponsored activity.

11. Failure to Comply: Failure to comply with directions of College officials, including Campus Police or law enforcement officers acting in performance of their duties and/or failure to identify oneself or provide appropriate identification to these persons when requested to do so.

12. Failure to Report: Failure to report a violation of the Code of Student Conduct to College officials.

13. False Report of an Emergency: False report of emergency by causing, making or circulating a false report or warning of a fire, bomb, explosion, crime, or other catastrophe. This includes E-911 hang up calls.

14.Gambling: Encouraging, promoting, or participating in gambling on campus or while present at any College-sponsored activity, except games or raffles approved by the Dean of Student Services.

15. General Violations: Violation of any other policies, rules and regulations disseminated by the College. This section is intended to incorporate other College policies, rules and regulations and to address violations only if the violation warrants a process or sanction beyond what is available in other College policies, rules and regulations.

16. Harassment: Unwelcome and/or discriminatory actions (physical, verbal, graphic, written or electronic) directed at an individual that interferes with the individual’s ability to participate in or to realize the intended benefits of an institutional activity.

17. Hazing: Act in which a person or organization who, in the course of another person’s initiation into or affiliation with any organization, intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or to a third person.

18. Intoxicated Behaviors: Students who display intoxicated behaviors (including but not limited to glazed eyes, slurred speech, etc.) on campus or while present at any College-sponsored activity, or students who require staff assistance on campus or while present at any College-sponsored activity due to their consumption of beer, wine, alcoholic beverages as defined by Mississippi law or illegal drugs.

19. Littering: Littering or unauthorized posting of written material on College property.

20. Making False Statements: Making false statements or representations about any matter with respect to which the College has the right to inquire, including but not limited to altering, tampering, forging, removing or concealing without authorization or by falsifying any record or document of the College; including meal cards, parking permits and student ID’s; providing false statements, written or oral; and/or providing false information during any College proceeding or to any College official.

21. Mental Harm: Causing suffering, damage, impairment, or dysfunction to any person as a direct result of some action or failure to act.

22. Misuse of Safety Equipment: Misuse of safety equipment by unauthorized use or alteration of firefighting equipment, safety devices, or other emergency equipment.

23. Physical Harm: Physical harm or threat of physical harm to any person(s) including, but not limited to assault, sexual abuse, or other forms of physical abuse, except in self-defense on campus or while present at any College-sponsored activity.

24. Recording of Person without Consent: Viewing, photographing, audio recording, video recording, or creating a digital file of another person without that person’s consent in a place where he or she would have reasonable expectation of privacy.

25. Refusal to Show ID: Refusal to show proper identification when requested by any College personnel.

26. Riot Behavior: Engaging in a riot or other activity resulting in the disruption of the educational mission of the College, or hinders the free exercise by others of their lawful rights or discharge of their duties on and about the campus or in connection with any off-campus related activity.

27. Smoking/Use of Tobacco Products: Smoking in any form to include but not limited to electronic cigarettes, vapor smoking, and the use of tobacco products is prohibited anywhere on the campus; including centers, campus buildings, sidewalks, parking lots, personal vehicles, building entrances and common areas, and in college-owned vehicles.

28. Stalking: A pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.

29. Theft: Unauthorized use, taking, or withholding of anything of value belonging to another person or entity.

30. Unauthorized Possession of Keys: Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry to or use of College premises.

31. Violation of Law: Violation of municipal, state or federal law, or of promulgated rules and regulations of the College or its Board of Trustees upon any campus of the College or off-campus activity, regardless of any decision or action by other public authority as to prosecution for such offense.

32. Weapon Possession: Possession, on campus or while present at or near any College-related activity, of any weapon prohibited by law, any firearm, knife, razor or razor blade (except solely for personal shaving) or other device designed to be used as a weapon, including ammunition, devices for firing blank cartridges or charges, or of any incendiary or explosive device or of stink bombs, tear gas or other dangerous chemicals, pellet or BB guns, bows and arrows, martial arts weapons, or any other dangerous weapons.

B. Group Offenses

1. Campus organizations, societies, clubs and similar organized groups are responsible for compliance with College regulations. Upon satisfactory proof that the group has encouraged violations, or did not take reasonable steps, as a group to prevent violations or student conduct regulations, the group may be subjected to permanent or temporary suspension of charter, social probation, denial of use of College facilities, or other like sanctions.
2. The determination that a group is liable for sanction to be imposed shall be made by the conduct committee at a hearing held for that purpose. The president or principal officer of the group must be given a reasonable notice of the time and place of said hearing and of the nature of the charges. The president or any other member of the group is entitled to attend and be heard at the hearing and to present evidence to refute the said charges.
3. Nothing herein authorizes the imposition of individual sanctions on any person other than in accordance with the Code of Student Conduct.

IV. SANCTIONS

A. Possible sanctions for violating the Code of Student Conduct include the following:

1. Expulsion from the College: Permanent separation of the student from the College and all College functions or activities. It is the student’s responsibility to contact an Enrollment Specialist and properly withdraw from the College. Questions should be addressed to the campus Dean of Student Services;
2. Suspension from the College: Suspension for a definite period of time. Temporary separation of the student from the College and all College functions or activities. It is the student’s responsibility to contact an Enrollment Specialist and properly withdraw from the College. Students seeking readmission to the College after suspension must contact the campus Dean of Student Services;
3. Conduct Probation: Conduct probation with or without loss of designated privileges for a definite period of time. The violation of the terms of conduct probation may be grounds for suspension or expulsion from the College;
4. Loss of Privileges: Loss of such privileges as may be consistent with the offense committed and the rehabilitation of the student. Examples include but are not limited to, removal from the residence hall, suspension from campus activities, i.e. athletic contests, intramurals, other extra-curricular activities;
5. Session(s) with LPC:  Session(s) with Licensed Professional Counselor until behavior is controlled;
6. Fines: Fines where appropriate;
7. Warning: Written warning;
8. Other Sanctions: Other sanctions suggested by the Campus Conduct committee.

V. PROCEDURAL GUIDE

A. The sole purpose of these procedures is to afford due process to any student who is charged with conduct violations and this without unduly disrupting the academic and educational mission of the College. Students have a right to an efficient disposition of charges made against them within a reasonable time.

1. Report of Incident
Any member of the College community may file a complaint against any student for violation of the Code of Student Conduct. Complaints shall be prepared in writing and directed to those persons designated by the Campus Vice President or entered into the College’s Threat Assessment System. Any complaint should be submitted as soon as possible after the event takes place, preferably within one (1) week of the knowledge of occurrence.

2. Investigation
The College official designated by the Campus Vice President hereinafter referred to as conduct administrator may conduct an investigation to determine if the complaint has merit and/or if it can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the conduct administrator. Such disposition shall be final and there shall be no subsequent proceedings.

Any conduct administrator, who has reason to believe that a violation of the Code of Student Conduct may have occurred, is authorized to begin an investigation in the same manner as if a written complaint had been received. The conduct administrator, or designee, may investigate and charge students or organizations with misconduct when that office has reason to believe that a violation may have occurred.

A conduct administrator may issue a summons for a student or organization to appear for discussion about a case. The summons may also include an order to produce records, which may be helpful in the course of an investigation. A summons may be written or verbal.

Temporary Suspension
The College reserves the right to impose a temporary suspension on a student from any campus and/or residence halls prior to the student’s conduct hearing to ensure the safety and well-being of members of the College community or preservation of College property; to ensure the student’s physical, mental, and emotional well-being; and if the student poses an ongoing threat of disruption or interference of the normal operations of the College.

During the temporary suspension, the student is denied access to College campuses, facilities, activities, and privileges unless approval to do otherwise is granted by the Campus Vice President. The student has the right to communicate with their instructor(s) to identify alternative methods for taking exams and/or submitting class assignments. It will be the student’s responsibility to discuss issues regarding class absence(s) with their instructor(s). The temporary suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through the appeals options, if deemed necessary.

3. Notice
If sufficient cause has been established to proceed with the complaint, a conduct hearing with the accused student will be conducted. The determination to initiate conduct charges is final and not appealable. Technical rules/evidence applicable to civil and criminal cases does not apply to conduct hearings.

The accused student will receive a written notice at least five (5) business days in advance of the conduct hearing, except in cases where the student waives the five (5)-business day advance:

a. The notice will contain the time of the hearing, the date of the hearing, location of the hearing, a statement of the charges to be brought against the accused student, and possible sanctions or penalties.
b. The notice will also inform the accused student of their right to have an advisor or attorney at the conduct hearing or appeal therefrom. If the advisor is an attorney, the conduct hearing may be delayed until the College attorney can attend. In no event may an attorney participate in any conduct hearing or appeal therefrom, however, the attorney may advise the respective client.
c. The notice will also inform the accused student of the opportunity to have witnesses at the conduct hearing. Witnesses may only testify about the accused student’s alleged violations. Characters witnesses will not be allowed.

4. Conduct Hearing
Conduct hearings at Mississippi Gulf Coast Community College are designed to arrive at decisions regarding student behavior. These decisions can potentially affect the student’s relationship with the College. The administration of discipline is an educational process with procedures that are determined by educators. A Conduct Hearing with the accused student will be conducted with a Hearing Officer or the Campus Conduct Committee. Such procedures give full cognizance to the tests of fairness and justice, and the requirements of due process.

Conduct hearings are of a private, confidential nature. They are closed to the public, unless opened by the Dean of Student Services’ Office. Rules and procedures for conducting conduct hearings are as follows:

A. Hearing with Hearing Officer:

1. The hearing officer will go over the conduct hearing procedures with the accused.
2. The hearing officer will read the charge(s) and date of the incident(s).
3. The hearing officer will ensure the accused understands the procedures and has a clear understanding of the charge(s).
4. The hearing officer will question the accused regarding the recollection of events.
5. The hearing officer will bring in any witnesses brought by the accused, or from the investigation, to the hearing room and ask them to give their account of the incident in question. All witnesses will be called separately and may not hear each other’s testimony but the accused will be allowed to hear witness testimony as well as ask the witness any clarifying questions to his/her testimony. In lieu of attending the hearing, alleged victims have the right to submit an official statement that will be verbally read to the accused by the hearing officer.
6. Further examination and questioning by the hearing officer may follow any witness statement or information presented.
7. The accused will be asked to give final statements regarding the case.
8. The accused and all witnesses will be excused.
9. The hearing officer will make a decision in the case and will present the finding and the sanction(s), if any, to the accused via email or in writing in a timely manner.
10. The hearing officer may refer sanctioning to the Campus Conduct Committee if more serious sanctions are needed.

B. Hearing with Campus Conduct Committee

1. A Campus Conduct Committee shall be set up on each campus to perform Student Conduct Hearings. The Campus Conduct Committee shall be composed of any two student leaders (Student Government Association, Reflections Team, Phi Theta Kappa Officers, etc.) and at least three members consisting of faculty, staff and/or administrators appointed by the Campus Vice President. In the event of the absence of any member, the Campus Vice President, or designee, may appoint a temporary replacement. The Campus Conduct Committee chairperson will be appointed by the Campus Vice President. Voting will be by secret ballot and ballots will be kept for future review. The Campus Conduct Committee will decide if the student is responsible or not responsible of the alleged violations, and determine any sanction(s) to be imposed. A majority vote will constitute action of the committee.
2. If the student does not appear at the Conduct Hearing, the Campus Conduct Committee will dispose of the case based on the evidence presented.
3. If the case is disposed of and the Campus Conduct Committee subsequently determines the student was not reasonably able to appear and not reasonably able to give notice of this prior to or at the time of the hearing, the Campus Conduct Committee may set aside its disposition and reschedule the case for another Student Conduct Hearing.
4. All Conduct Hearings before the Campus Conduct Committee shall be closed to the press and public except when the aggrieved student(s) waive the right to a closed hearing. The proceedings will be recorded by the College. A transcript of the proceedings may be available to the student(s) charged or aggrieved student(s) upon written request.

C. Procedures for Campus Conduct Committee

The procedures for a Conduct Hearing with the Campus Conduct Committee are as follows:

1. The Chairperson of the Campus Conduct Committee will read the charges against the accused, and the accused will be asked if they are “Responsible” or “Not Responsible” to each charge as stated.
2. If the accused pleas “Responsible,” they will be allowed to make a verbal statement to the Campus Conduct Committee. The Campus Conduct Committee will then go into executive session to determine the sanction(s).
3. If the accused pleas “Not Responsible,” the evidence against the student shall be presented to the Campus Conduct Committee in the presence of the accused. In lieu of attending the hearing, alleged victims have the right to submit an official statement that will be verbally read to the accused.
4. The accused shall present evidence on his/her behalf and shall be allowed to cross-examine witnesses (if applicable) either directly or in a manner the Campus Conduct Committee deems appropriate based on the situation.
5. After hearing all evidence, members of the Campus Conduct Committee shall sit in executive session and by secret ballot vote on if they believe the accused to be “Responsible” or “Not Responsible.”
6. If the accused is found to be “Responsible,” the Campus Conduct Committee will decide the sanction(s) to be imposed.
7. The decision of the Campus Conduct Committee shall be transmitted in a reasonable time, in writing, to the Campus Vice President, or designee, who may approve, disapprove, reduce sanction or remand the decision to the committee for further study and give written notice to the accused.

VI. RIGHT TO APPEAL

A. A student who has accepted responsibility for violating the Code of Student Conduct and the determined disciplinary sanction waives the right to appeal. However, a student found “Responsible” for violating the Code of Student Conduct through a formal hearing process has the right to appeal the original decision of a Hearing Officer or the Campus Conduct Committee. Non-attendance by the accused student is not grounds for an appeal.

B. The appeal is not intended to re-hear or re-argue the same case, and is limited to the specific grounds outlined below:

1. Procedural error that resulted in material harm or prejudice to the student (i.e., by preventing a fair, impartial, or proper hearing).
2. Discovery of substantial new evidence that was unavailable to the accused student at the time of the hearing upon reasonable search and inquiry, and which reasonably could have affected the decision of the hearing body.

C. Appealing Decision of Hearing Officer
A student found “Responsible” for violating the Code of Student Conduct through a formal hearing process has the right to appeal the original decision of a Hearing Officer. The appeal must be in writing and addressed to the campus Dean of Student Services. The appeal must be postmarked or hand delivered to the campus Dean of Student Services, or sent via email within five (5) business days after the date on which notice of the decision is sent to the student.

Appeal Procedures
The Campus Appeals Committee will dismiss the appeal if the appeal does not demonstrate at least one of the following:

1. Procedural error that resulted in material harm or prejudice to the student (i.e., by preventing a fair, impartial, or proper hearing).
2. Discovery of substantial new evidence that was unavailable to the accused student at the time of the hearing upon reasonable search and inquiry, and which reasonably could have affected the decision of the hearing body.
   
   If sufficient cause for the appeal has been demonstrated:
    
3. The student will present their case. The student must be present at the appeal hearing.
4. The Campus Appeals Committee will decide the appeal based upon a review of the record and supporting documents (e.g. prior disciplinary history) and/or
5. The Campus Appeals Committee may consider additional relevant information from any party to the proceeding and then decide the appeal based upon the enhanced record.

Possible Dispositions
After a thorough review of the record(s), the Campus Appeals Committee may:

1. Uphold the original decision and/or sanction(s) of the Hearing Officer;
2. Dismiss the case or individual charge(s) against the student and vacate any portion or all of the sanction(s);
3. Modify, enhance, or reduce the original sanction(s).

The Campus Appeals Committee’s decision is final.

D. Appealing Decision of Campus Conduct Committee
A student found “Responsible” for violating the Code of Student Conduct through a formal hearing process has the right to appeal the original decision of the Campus Conduct Committee. The appeal must be in writing and addressed to the College Appeals Committee. The appeal must be postmarked or hand delivered to the Campus Vice President, or sent via email within five (5) business days after the date on which notice of the decision is sent to the student.

1. College Appeals Committee

a. The College Appeals Committee shall consist of three members of the faculty or staff and three students appointed annually by the Executive Vice President of Enrollment Services and Student Success. In addition to the six members, there shall be a chair appointed by the Executive Vice President of Enrollment Services and Student Success.

b. The College Appeals Committee shall have appellate jurisdiction in all cases involving alleged violations of the Code of Student Conduct that have been determined through a formal hearing by the Campus Conduct Committee. A simple majority of committee members (excluding the chair) must be present in order to hear an appeal; and must include at least two faculty or staff members and one student.

2. Appeal Procedures

The College Appeals Committee will dismiss the appeal if the appeal does not demonstrate at least one of the following:

1. Procedural error that resulted in material harm or prejudice to the student (i.e., by preventing a fair, impartial, or proper hearing).
2. Discovery of substantial new evidence that was unavailable to the accused student at the time of the hearing upon reasonable search and inquiry, and which could have affected the decision of the hearing body.

If sufficient cause for the appeal has been demonstrated:

a. The College Appeals Committee will decide the appeal based upon a review of the record and supporting documents (e.g. prior disciplinary history) and/or

b. The College Appeals Committee may consider additional relevant information from any party to the proceeding and then decide the appeal based upon the enhanced record.

The review of the appeal generally does not involve the appealing student being present; however, the College Appeals Committee can request their presence if needed.

3. Possible Dispositions

After a thorough review of the record(s), the College Appeals Committee may:

a. Uphold the original decision and/or sanction(s) of the Campus Conduct Committee;

b. Dismiss the case or individual charge(s) against the student and vacate any portion or all of the sanction(s);

c. Modify, enhance, or reduce the original sanction(s);

The College Appeals Committee’s decision is final.