Roane State Community College
Policy Number: SA-06-01
Subject: Student Discipline
- Institution Policy Statement
Students enrolled in postsecondary educational institutions are citizens of their civic communities as well as the academic community. As such they are expected to conduct themselves as law-abiding members of each community at all times. Admission to an institution of postsecondary education carries with it special responsibilities apart from those rights and duties enjoyed by non-students. In recognition of the special relationship that exists between the institution and the academic community which it seeks to serve, the Tennessee Board of Regents (TBR) has authorized the presidents of institutions under its jurisdiction to take such action as may be necessary to maintain campus conditions and preserve the integrity of the institution and its educational environment.
Pursuant to this authorization and in fulfillment of its duties to provide a secure and stimulating atmosphere in which individual and academic pursuits may flourish, Roane State Community College (RSCC) has developed the following policy, which is intended to govern student conduct on the several campuses under its jurisdiction. In addition, students are subject to all federal, state and local laws and ordinances. If a student’s violation of such laws or ordinances also adversely affects the college’s pursuit of its educational objectives, the college may enforce its own policies regardless of the status or outcome of any external proceedings instituted by other civil or criminal authorities.
For the purpose of this policy, a “student” shall mean any person who is admitted and/or registered for study at the college for any academic period. This shall include any period of time following admission and/or registration, but preceding the start of classes for any academic period. It will also include any period which follows the end of an academic period through the last day for registration for the succeeding academic period, during any period while the student is under suspension from RSCC. Finally, “student” shall also include any person subject to a period of suspension or removal from campus as a sanction which results from a finding of a violation of the policy governing student conduct. Students are responsible for compliance with this policy and with similar institutional policies at all times.
Disciplinary action may be taken against a student for violation of the policies which occur on RSCC owned, leased or otherwise controlled property, while participating in international or distance learning programs, and off campus, including affiliated clinical sites, when the conduct impairs, interferes with, or obstructs any institutional activity or the mission, processes, and functions of the institution. Roane State may enforce its own policies regardless of the status or outcome of any external proceedings instituted in any other forum, including any civil or criminal proceeding.
These regulations, and related material incorporated herein by reference, are applicable to student organizations as well as individual students. Student organizations are subject to discipline for the conduct and actions of individual members of the organization while acting in their capacity as members of, or while attending or participating in any activity of, the organization.
Confidentiality of Discipline Process. Subject to the exceptions provided pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g and/or the Tennessee Open Records Act, T.C.A. §10-7-504(a).
A student’s disciplinary files are considered “educational records” and are confidential within the meaning of those acts.
This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.01, Institution Policy Statement. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11. Effective: 1/29/12.
- Disciplinary Offenses
Generally, through appropriate due process procedures, institutional disciplinary measures shall be imposed for conduct which adversely affects the institution’s pursuit of its educational objectives, which violates or shows a disregard for the rights of other members of the academic community, or which endangers property or persons on institution or institution-controlled property.
Having voluntarily enrolled as students at RSCC and assuming a place in the college community, all students are presumed to be knowledgeable of, and to have agreed to abide by, the rules and regulations set forth in the Student Conduct policy.
Disciplinary sanctions shall include, but not be limited to, the following examples:
- Threatening or Disruptive Conduct – Threatening or disruptive conduct, or attempted conduct, which poses a direct threat to the safety of others or where the student’s behavior is materially and substantially disruptive of the institution’s learning environment.
- Hazing - Hazing, as defined in T.C.A. §49-7-123(a) (1), means any intentional or reckless act, on or off the property, of any higher education institution by an individual acting alone, or with others, which is directed against any other person(s) that endangers the mental or physical health or safety of that person(s), or which induces or coerces a person(s) to endanger such person(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.
- Disorderly Conduct - Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs institutional functions, operations, classrooms, other groups or individuals.
- Obstruction of or Interference with Institutional Activities or Facilities - Any intentional interference with or obstruction of any institutional program, event, or facility including the following:
- Any unauthorized occupancy of facilities owned or controlled by an institution or blockage of access to or from such facilities.
- Interference with the right of any institution member or other authorized person to gain access to any activity, program, event or facilities sponsored or controlled by an institution.
- Any obstruction or delay of a campus security officer, public safety officer, police officer, firefighter, EMT, or any official of an institution, or failure to comply with any emergency directive issued by such person in the performance of his or her duty.
- 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 another including, but not limited to, any personal property, fire alarms, fire equipment, elevators, telephones, institution keys, library materials and/or safety devices.
- Theft, Misappropriation, or Unauthorized Sale of Property - Any act of theft, misappropriation, or unauthorized possession or sale of institution property or any such act against the property of a member of the institution, community or a guest of the institution.
- Misuse of Documents or Identification Cards - Any forgery, alteration of or unauthorized use of institution 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 in the institution.
- Firearms and Other Dangerous Weapons - Any possession of or use of firearms, dangerous weapons of any kind, or replica/toy guns, e.g. BB guns pellet guns, paintball guns, water guns, cap guns, toy knives or other items that simulate firearms or dangerous weapons. (Access the complete detailed RSCC Firearms and Other Weapons policy, GA-13-04 at www.roanestate.edu/policies/.)
- Explosives, Fireworks, and Flammable Materials - The unauthorized possession, ignition or detonation of any object or article which would cause damage by fire or other means to persons or property or possession of any substance which could be considered to be and used as fireworks is prohibited.
- Alcoholic Beverages - The use, possession, distribution, sale or manufacture of alcoholic beverages, or public intoxication on property owned or controlled by the institution (Roane State Community College); at an institution sponsored event; on property owned or controlled by an affiliated clinical site is prohibited. This includes any violation of any term of the Roane State Community College Drug-Free Schools and Communities Policy Statement (RSCC policy GA-21-03). Pursuant to Tennessee Code Annotated §49-7-146, RSCC is required to notify a parent of a student under age twenty-one (21) if the student “has committed a disciplinary violation” with respect to the use or possession of alcohol or a controlled substance that is a violation of any federal, state, or local law, or of any rule or policy of RSCC, except as prohibited by the Family Educational Rights and Privacy Act (FERPA). The trigger for notification will be 1) a plea of guilty to the applicable code of conduct violation, or 2) a final finding of guilt pursuant to disciplinary procedures. The Drug-Free Schools and Communities Act of 1989 is included in the on-line student handbook.
- Drugs - The unlawful use, possession, distribution, sale or manufacture, of any drug or controlled substance (including any stimulant, depressant, narcotic, or hallucinogenic drug or substance, or marijuana), being under the influence of any drug or controlled substance, or the misuse of legally prescribed or “over the counter” drugs on property owned or controlled by the institution; at an institution sponsored event; on property owned or controlled by an affiliated clinical site is prohibited. This includes any violation of any term of the Roane State Community College Drug-Free Schools and Communities Policy Statement. (Access the complete detailed RSCC Drug-Free Environment policy, GA-21-03 at www.roanestate.edu/policies/.) Pursuant to Tennessee Code Annotated §49-7-146, RSCC is required to notify a parent of a student under age twenty-one (21) if the student “has committed a disciplinary violation” with respect to the use or possession of alcohol or a controlled substance that is a violation of any federal, state, or local law, or of any rule or policy of RSCC, except as prohibited by the Family Educational Rights and Privacy Act (FERPA). The trigger for notification will be 1) a plea of guilty to the applicable code of conduct violation, or 2) a final finding of guilt pursuant to disciplinary procedures. The Drug-Free Schools and Communities Act of 1989 is included in the on-line student handbook.
- Drug Paraphernalia - The use or possession of equipment, products or materials that are used or intended for use in manufacturing, growing, using or distributing any drug or controlled substance. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession of drug paraphernalia, on or off institution owned or controlled property.
- Public Intoxication - Appearing on institution owned or controlled property or at an institutional sponsored event or affiliated clinical site while under the influence of a controlled substance or any other intoxicating substance.
- Gambling - Unlawful gambling in any form is prohibited.
- Financial Irresponsibility - Failure to meet financial responsibilities to the institution promptly including, but not limited to, knowingly passing a worthless check or money order in payment to the institution or to a member of the institution community acting in an official capacity.
- Unacceptable Conduct in Disciplinary Proceedings - Any conduct at any stage of an institutional disciplinary proceeding or investigation that is contemptuous, disrespectful, threatening, or disorderly, including false complaints, testimony or other evidence, and attempts to influence the impartiality of a member of a judicial body, verbal or physical harassment or intimidation of a judicial board member, complainant, respondent or witness.
- Failure to Cooperate with Institutional Officials - Failure to comply with directions of institutional officials acting in the performance of their duties.
- Violation of General Rules and Regulations - Any violation of the general rules and regulations of the institution as published in an official institutional publication, including the intentional failure to perform any required action or the intentional performance of any prohibited action.
- Attempts, Aiding and Abetting - Any attempt to commit any of the offenses listed under this section or the aiding or abetting of the commission of any of the offenses listed under this section (an attempt to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission). Being present during the planning or commission of any offense listed under this section will be considered as aiding and abetting. Students who anticipate or observe an offense must remove themselves from the situation and are required to report the offense to the institution.
- Violations of State or Federal Laws - Any violation of state or federal laws or regulations proscribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference.
- Violation of Imposed Disciplinary Sanctions - Intentional or unintentional violation of a disciplinary sanction officially imposed by an institution official or a constituted body of the institution.
- Sexual Misconduct - Sexual misconduct is a form of sex discrimination prohibited by Title IX. Roane State is committed to eliminating any and all acts of sexual misconduct and discrimination on its campuses. As set forth in this policy, sexual misconduct includes dating violence, domestic violence, stalking, and sexual assault. Roane State strictly prohibits these offenses. Any allegation of sexual misconduct as defined herein will be investigated and adjudicated according to this policy. The Roane State Community College Sexual Misconduct policy PA-02-02, fulfills the federal requirements of the Violence Against Women Act (VAWA), the Campus SaVE Act, Title IX, and the Campus Security Act of 1990: State Laws TCA §36-3-601(5)(c); TCA §39-17-315. TBR policy 6:03:00:00 and the above federal and state policies provide guidelines for Roane State to develop awareness and prevention programs for students and employees to keep our campuses safe from sexual violence.
- Harassment or Retaliation - Any act by an individual or group against another person or group in violation of TBR policies, as well as federal and/or state laws prohibiting discrimination, including, but not limited to, TBR policies 5:01:02:00, 6:01:00:00, 6:03:00:00 and TBR Guideline P-080. All matters involving allegations of impermissible discrimination, harassment or retaliation will be governed by the procedures outlined in TBR Guideline P-080.
Student on student harassments means unwelcome conduct directed toward a person that is discriminatory on a basis prohibited by federal, state, or local law and that is so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit.
Subject: Discrimination and Harassment – Complaint and Investigation Procedure or an institutional policy that reflects the current requirements of that Guideline.
- Academic Misconduct - Plagiarism, cheating, fabrication. For purposes of this section the following definitions apply:
- Plagiarism - The adoption or reproduction of ideas, words, statements, images, or works of another person as one’s own without proper attribution.
- Cheating - Using or attempting to use unauthorized materials, information, or aids in any academic exercise or test/examination. The term academic exercise includes all forms of work submitted for credit or hours.
- Fabrication - Unauthorized falsification or invention of any information or citation in an academic exercise.
- Unauthorized Duplication or Possession of Keys - Making, causing to be made or the possession of any key for an institutional facility without proper authorization.
- Litter - Dispersing litter in any form onto the grounds or facilities of the campus.
- Pornography - Public display of literature, films, pictures or other materials which an average person applying contemporary community standards would find, (1) taken as a whole, appeals to the prurient interest, (2) depicts or describes sexual conduct in a patently offensive way, and (3) taken as a whole, lacks serious literary, artistic, political or scientific value.
- Abuse of Computer Resources and Facilities - Misusing and/or abusing campus computer resources including, but not limited, to the following:
Access the complete detailed RSCC Ethical and Responsible Use of Computer Resources, GA-18-01, at www.roanestate.edu/policies/) . The policies and procedures outlined in this document apply to all RSCC faculty, staff, students, visitors, and contractors. This policy applies to all academic, administrative, networking and microcomputer resources owned, leased or installed at all Roane State Community College locations
- Use of another person’s identification to gain access to institutional computer resources
- Use of institutional computer resources and facilities to violate copyright laws, including, but not limited to, the act of unauthorized distribution of copyrighted materials using institutional information technology systems
- Unauthorized access to a computer or network file, including but not limited to, altering, using, reading, copying, or deleting the file
- Unauthorized transfer of a computer or network file
- Use of computing resources and facilities to send abusive or obscene correspondence
- Use of computing resources and facilities in a manner that interferes with normal operation of the institutional computing system
- Use of computing resources and facilities to interfere with the work of another student, faculty member, or institutional official
- Violation of any published information technology resources policy
- Unauthorized peer-to-peer file sharing
- Unauthorized Access to Institutional Facilities and/or Grounds - Any unauthorized access and/or occupancy of institutional facilities and grounds is prohibited, including, but not limited to, gaining access to facilities and grounds that are closed to the public, being present in areas of campus that are open to limited guests only, being present in academic buildings after hours without permission, and being present in buildings when the student has no legitimate reason to be present.
- Providing False Information - Giving any false information to, or withholding necessary information from, any institutional official acting in the performance of his/her duties in connection with a student’s admission, enrollment, or status in the institution.
- Unauthorized Surveillance - Making or causing to be made unauthorized video or photographic images of a person in a location in which that person has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor’s parent or guardian. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, residence hall rooms, and men’s or women’s restrooms, and storing, sharing, and/or distributing of such unauthorized images by any means.
- Smoking Violations - Violation of any TBR and/or institutional smoking or other tobacco use rules or policies. Access the complete detailed RSCC policy GA-21-01, Smoking and Tobacco Use Products at www.roanestate.edu/policies/.
- Violations of conduct requirements described in handbooks for specific programs of study.
Disciplinary action may be taken against a student for violations of the foregoing policies. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree including periods prior to or between semesters. Conduct occurring while a student is registered or enrolled at RSCC, but not discovered until after the awarding of a degree is actionable under these provisions and may result in the retroactive application of a disciplinary sanction. Should a student withdraw from the college with disciplinary action or academic misconduct action pending, the student’s record may be encumbered by the Dean of Students until the proceedings have been concluded.
This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.02, Disciplinary Offenses. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/08/2011. Effective: 01/29/2012.
- Academic and Classroom Misconduct
The instructor has the primary responsibility for maintenance of academic integrity and controlling classroom behavior, and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct that violates the general rules and policies of the institution for each class session during which the conduct occurs. Extended or permanent exclusion from the classroom, beyond the session in which the conduct occurred, or further disciplinary action can be effected only through appropriate procedures of the institution.
Plagiarism, cheating, and other forms of academic dishonesty are prohibited. Students guilty of academic misconduct, either directly or indirectly through participation or assistance, are immediately responsible to the instructor of the class. In addition to other possible disciplinary sanctions which may be imposed through the regular institutional procedures as a result of academic misconduct, the instructor has the authority to assign an appropriate grade, including an “F” or a “zero” for the exercise or examination. In cases where the instructor imposes Summary Academic Discipline by assigning an “F” for the course rather than a single exercise or assignment, the instructor shall make a written notification to the appropriate academic dean and the Dean of Students for an “F” to be assigned to the class in question. Disciplinary sanctions will be imposed only through appropriate institutional disciplinary processes coordinated by the Dean of Students when deemed necessary.
Students may appeal a grade assignment associated with a finding of academic misconduct, as distinct from a student disciplinary sanction, through appropriate institutional academic misconduct or grade appeal procedures. Courses may not be dropped pending the final resolution of an allegation of academic misconduct. At RSCC, an administrative hold may be placed on the student’s registration by the registrar per notification to the appropriate academic dean pending final resolution of the allegation of academic misconduct. In order to initiate an administrative hold for suspicion of academic misconduct, an instructor will notify the appropriate academic dean. If the academic dean is satisfied that an administrative hold is warranted, he/she will notify the registrar, who will implement the hold. The administrative hold may be implemented even if the student has dropped the course in question. If the allegation is disproven, the administrative hold will be lifted by the registrar as directed by the appropriate academic dean or Vice President of Student Learning. Grade appeal procedures can be found in the online RSCC catalog at www.roanestate.edu/catalog/, scroll to student handbook.
Disruptive behavior in the classroom may be defined as, but not limited to, behavior that obstructs or disrupts the learning environment (e.g., offensive language, harassment of students and professors, repeated outbursts from a student which disrupt the flow of instruction or prevent concentration on the subject taught, failure to cooperate in maintaining classroom decorum, etc.), text messaging, and the continued use of any electronic or other noise or light emitting device which disturbs others (e.g., disturbing noises from beepers, cell phones, palm pilots, lap-top computers, games, etc.).
Other conduct violations as described in handbooks for specific programs of study.
This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.03 Academic and Classroom Misconduct. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/08/2011. Effective: 01/29/2012.
- Disciplinary Sanctions
Upon a determination that a student or student organization has violated any of the rules, policies or disciplinary offenses set forth in these policies, the following disciplinary sanctions may be imposed, either singularly or in a combination, by the Dean of Students and/or other appropriate college officials.
Definitions of Sanctions
Restitution - Restitution may be required in situations which involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury. When restitution is required, the student or student organization is obligated by the appropriate judicial authority to compensate a party or parties for a loss suffered as a result of disciplinary violation(s). Any such payment in restitution shall be limited to actual cost of repair; replacement or financial loss.
Warning - The appropriate institutional official may notify the student or student organization that continuation or repetition of specified conduct may be cause for other disciplinary action.
Reprimand - A written reprimand, or censure, may be given any student or organization whose conduct violates any part of 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 or she is in effect being given another chance to conduct himself or herself as a proper member of the institution community, but that any further violation may result in more serious penalties.
Service to the Institution or Community - A student, or student organization, may be required to donate a specified number of service hours to the institution performing reasonable tasks for an appropriate institution office, official(s), or the local community. The service required shall be commensurate to the offense (e.g. service for maintenance staff for defacing institutional property).
Specified Educational/Counseling Program - A student or student organization may be required to participate in specified educational or counseling program(s) relevant to the offense, or to prepare a project or report concerning a relevant topic.
Apology - A student or student organization may be required to apologize to an affected party, either verbally or in writing, for the behavior related to a disciplinary offense.
Fines - Penalties in the form of fines may be imposed against a student or student organization whenever the appropriate institutional authority deems appropriate. The sanction of fines may be imposed in addition to other forms of disciplinary sanctions. Failure to pay fines may result in further disciplinary action.
Restriction - A restriction upon a student’s or student organization’s privileges for a period of time may be imposed. This restriction may include, for example, denial of the ability to represent the institution at any event, ability to participate in institution or TBR sponsored travel, use of facilities, parking privileges, participation in extracurricular activities or restriction of organizational privileges.
Probation - Continued enrollment of a student or recognition of a student organization on probation may be conditioned upon adherence to these regulations. Any student or organization placed on probation will be notified in writing of the terms and length of the probation. Probation may include restrictions upon extracurricular activities, or any other appropriate special condition(s). Any conduct in further violation of these regulations while on probationary status or the failure to comply with the terms of the probationary period may result in the imposition of further disciplinary action.
Suspension - Suspension is the separation of a student or student organization from the institution for a specified period of time. Suspension may be accompanied by special conditions for readmission or recognition.
Expulsion – An expulsion entails a permanent separation from the institution. The imposition of this sanction is a permanent bar to the student’s admission to the institution, or a student’s organization’s recognition to the institution. A student or organization that has been expelled from the college may not enter the campus grounds for any reason without the permission of the Dean of Students or designee. A student expelled from the college will not receive a refund for maintenance or miscellaneous fees.
Revocation of Admission, Degree, or Credential.
Interim or Summary Suspension - As a general rule, the status of a student or student organization accused of violation of these regulations should not be altered until a final determination has been made in regard to the charges. However, interim suspension, pending the completion of disciplinary procedures, may be imposed upon a finding by the appropriate institutional official that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well-being of the accused, any other member of the institution, its guests, property, or substantial disruption of classroom or other campus activities. In any case of interim suspension, the student, or student organization, shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the suspension.
Counseling or Rehabilitation Treatment - Counseling sessions with Roane State’s counseling office personnel or outside sources may be recommended for students with varying psychological needs. In addition, violations of drug and alcohol rules may result in mandatory participation in, and satisfactory completion of, a drug or alcohol abuse program, or rehabilitation program at student’s own expense especially students enrolled in nursing and other allied health programs.
Any alternate sanction deemed necessary and appropriate to address the misconduct.
The president of Roane State is authorized, at his or her discretion, to intervene in order to negotiate a mutually acceptable resolution to any disciplinary proceeding, or, subsequently, to convert any sanction imposed to a lesser sanction, or to rescind any previous sanction, in appropriate cases.
This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.04 Disciplinary Sanctions. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/08/2011. Effective: 01/29/2012.
- Disciplinary Procedures
General: Roane State Community College, in the implementation of TBR regulations pertaining to discipline and conduct of students, shall ensure the constitutional rights of students by affording a system of constitutionally and legally sound procedures which provide the protection of due process of law. In furtherance of this mandate, Roane State hereby enacts policies setting forth the disciplinary procedures for the college. All disciplinary procedures shall be affirmatively communicated to the faculty, staff, and students at the institution as well as published in appropriate handbooks, manuals, and on the website.
Uniform Administrative Procedures Act (UAPA): All cases which may result in (a) suspension or expulsion of a student or student organization from the institution, for disciplinary reasons, or (b) revocation of registration of a student organization, are subject to the contested case provisions of the Uniform Administrative Procedures Act (UAPA), T.C.A. §4-5-101 et seq. and shall be processed in accord with the Uniform Contested Case procedures adopted by the TBR unless the student or organization, after receiving written notice, waives those procedures or waives all rights to contest the case under any procedure. These procedures shall be described in the institution’s policy.
Additional Institutional Procedures: Any student accused of a disciplinary offense or academic misconduct imposed through disciplinary sanctions will be afforded an opportunity to contest the charge(s) through the procedures coordinated by the Dean of Students. These procedural options include (1) UAPA hearing in the circumstances described in Part 5 (2); (2) Institutional hearing before the RSCC Discipline Committee, (3) informal adjudication of the case by the Dean of Students, or (4) to not contest the case. Election of use of UAPA or the Institutional hearing before the RSCC Discipline Committee options entitles the student to due process. Student election of the use of informal adjudication, or to not contest the case, requires that the student waive, in writing, his/her right to due process. Selection of one option constitutes waiver of all other options. The student will have five (5) business days following written notification to select an option (Election/Waiver of Hearing Procedures form). If a student, absent good cause, fails to return the Election/Waiver of Hearing Procedures form in a timely manner the student will be deemed to have waived a right to the processes described above and RSCC may proceed as it deems, in its sole discretion, appropriate in the circumstances.
- Informal Adjudication by the Dean of Students. A student may request, in writing, that the Dean of Students adjudicate the case. If a student elects to have disposition by the Dean of Students, the following procedures shall apply:
- The Dean of Students shall notify the student (in writing, by e-mail, or by phone) of the alleged charges against him or her and proceed to initiate an investigation within five (5) business days’ notification of the charges.
- The investigation, to be pursued within approximately a 30 day calendar period, may include interviews with all relevant parties (accuser/and possible witness, etc.).
- The Dean of Students shall review the evidence, make a determination of innocence or guilt, and decide upon a proper disciplinary sanction.
- The accused student and the Dean of Students shall meet within ten (10) business days following conclusion of the investigation to discuss the Dean of Students' findings and recommended disciplinary sanction. Failure to meet with the Dean of Students, absent good cause, will result in a waiver of the student’s right to appeal. The findings shall cite specific disciplinary offenses and specific sanctions as described in these RSCC policies.
- The decision of the Dean of Students shall be final.
- Institutional Hearing before RSCC’s Discipline Committee. A student accused of violating an offense may choose to have the case heard by the institution’s Discipline Committee. The Dean of Students shall appoint the members of the committee as relevant per RSCC campus location. The committee will be comprised of no less than two (2) faculty, two (2) staff, and two (2) students. Committee members will serve for one (1) year or as available. If a student elects to have a hearing by the RSCC’s Discipline Committee, the following procedures shall apply:
- The student shall be advised of his or her right to appeal the decision of the institution’s Discipline Committee. The student will provide to the Dean of Students, in writing, within five (5) business days notification to appeal to the president of the college. The president will render a final decision within ten (10) business days.
- The chair of the Committee will communicate to all parties the decision rendered within five (5) business days following deliberation.
- After all evidence, presentations and examinations of witnesses, the Discipline Committee shall retire to discuss the case and render a decision.
- Members of the Discipline Committee shall have an opportunity to ask questions.
- The accused shall have an opportunity to present his/her case in exercising any of the rights cited in due process for institutional hearings.
- The Dean of Students shall present the results of the investigation and when appropriate make a recommendation to the RSCC Discipline Committee. Witnesses and/or statements from witnesses may be entered as evidence within five (5) business days prior to the hearing date.
- The chair of the Discipline Committee shall preside at the hearing.
- At the conclusion of the investigation, the accused student shall be informed in writing of the date, time and place not less than ten (10) business days prior to the day of the hearing.
- The Dean of Students shall advise the student, in writing, of the alleged charges and initiate an investigation within five (5) business days of notification of the charges.
- Institutional Hearing for Summary Academic Discipline (Academic Misconduct Hearing Committee): A faculty member who has good cause to believe that a student has engaged in academic misconduct (including, but not limited to, plagiarism, cheating, fabrication, or facilitation), in connection with a course taught by the faculty member or an examination proctored by the faculty member or his/her designee, may choose to exercise Summary Academic Discipline as outlined below:
- A student’s grade in the course, the assignment, or the examination affected by the alleged academic misconduct may be lowered to any extent, including a grade of “F” subject to the procedural requirements outlined in this policy.
- When a faculty member exercises Summary Academic Discipline, the faculty member, within five (5) business days of learning of the alleged misconduct, will complete the Summary Academic Misconduct Form and document notice of the action by asking the student to sign the form. Once the form is complete, the faculty member will provide the original to the Dean of Students and copies to the student and the appropriate division dean, along with keeping a copy for him/herself.
- To initiate an appeal of the Summary Academic Discipline, the student must contact the Dean of Students within five (5) business days of receipt of the notification of the summary action. Failure to contact the Dean of Students within five (5) business days will result in a waiver of the student’s right to appeal.
- Once a student notifies the Dean of Students that he/she wishes to appeal the grade in question, the student will select whether to appeal the matter by one of the following hearing options or choose an option to waive any hearing: (a) Informal adjudication by the Dean of Students; (b) an institutional hearing before the Academic Misconduct Hearing Committee; or (c) waive the right to any hearing option.
- If the student selects the hearing before the Academic Misconduct Hearing Committee, the Dean of Students will convene a hearing of the matter before the committee within ten (10) business days. The committee will be comprised of three (3) faculty members appointed by the Dean of Students in coordination with the appropriate academic dean per campus location. A committee member will serve per campus as relevant per case per semester. Any individual who has an interest in the case will not sit in judgment as a member of the committee. The Dean of Students will provide leadership to the committee and will serve as a non-voting member.
- The Academic Misconduct Hearing Committee will proceed with the student appeal in a procedural manner consistent with the Student Due Process for Institutional Hearings [Part VI (A, 4) of this policy]. The committee will communicate its decision to the student, faculty member, and appropriate division dean within ten (10) business days of deliberating.
- The student shall be advised of his/her right to appeal the decision of the committee to the president. The student will provide to the Dean of Students, in writing, within five (5) business days notification to appeal to the president of the college. The president will render a final decision within ten (10) business days.
- A student who is found responsible for academic misconduct will not be permitted to withdraw from the course to avoid Summary Academic Discipline as described in Part III (3).
- A student who is found responsible for academic misconduct may be subject to additional disciplinary sanctions imposed through the office of the Dean of Students.
- Student Due Process for Institutional Hearings. The following fundamental safeguards are required in due process proceedings for students at RSCC:
- The Dean of Students shall advise the student, in writing, of the alleged charges and initiate an investigation within five (5) business days of receipt of student’s request of appeal.
- At the conclusion of the investigation, the accused student shall be informed in writing of the date, time and place of the hearing not less than ten (10) business days prior to the day of the hearing. The student may attend the hearing to present his/her case. However, the student’s absence, absent good cause, will not hinder the Discipline Committee from meeting and rendering a decision.
- The student shall be advised of the following rights applicable at the hearing:
- The right to present his or her case.
- The right to be accompanied by an advisor. The adviser’s participation shall be limited, however, to advising the student and shall not include representing the student. The advisor can be an attorney if RSCC is equally represented.
- The right to call witnesses in his or her behalf.
- The right to confront witnesses against him or her.
- Any individual who has an interest in the case will not sit in judgment as a member of the hearing committee.
- The student will receive from the Dean of Students a written copy of the decision of the hearing committee with any sanctions within ten (10) business days of the hearing.
- The student will be advised of the right to appeal to the president of RSCC within five (5) business days following receipt of the Institutional Hearing Committee’s decision. Appeals must be made by written communication. The decision of the president is final.
Interim Involuntary Withdrawal or Suspension Hearings: Hearings conducted with regard to interim involuntary withdrawal or suspensions imposed prior to or pending the outcome of a disciplinary investigation or proceeding shall be conducted consistent with the minimum requirements of due process applicable to an institutional hearings, taking into account the need for a timely hearing. The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted for imposition of the interim involuntary withdrawal or suspension.
- In determining whether a student should be involuntarily withdrawn or suspended for threatening or disruptive conduct, RSCC shall consider the nature, duration, severity, and probability of the threat posed or the disruption caused by a student, relying on the best available objective evidence and, if applicable and obtainable, on the most current medical evidence.
- RSCC shall also determine whether reasonable modifications of its policies, practices, or procedures could sufficiently mitigate the risk.
- Absent exigent circumstances creating an imminent risk or harm, the assessment will be made prior to a decision to involuntary withdraw or suspend based on the threat he or she poses on others.
- If exigent circumstances warrant the immediate removal of a student from the institution, the student will receive, at a minimum, notice and an initial opportunity to present evidence immediately after being placed on involuntary withdrawal, and the opportunity to initiate full due process within 30 days of the removal.
- Interim Suspension Hearings Including Summary Academic Discipline. Hearings conducted with regard to interim suspensions imposed pending the outcome of a disciplinary investigation or proceeding shall be conducted consistent with the due process for institutional hearings, taking into account the need for a timely hearing. The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted for imposition of the interim suspension.
- Alternative Resolution Procedures. Roane State is authorized to establish alternative or multiple methods/bodies for hearings and/or for the resolution of disciplinary matters, with the consent of all relevant parties. Alternative resolution methods may include, but are not limited to, mediation, diversion programs, and/or negotiated resolutions.
- The president of the college is authorized, at his or her discretion, to intervene in order to negotiate a mutually acceptable resolution to any disciplinary proceeding, or subsequently, to convert any finding or sanction imposed to a lesser finding or sanction, or to rescind any previous finding or sanction, in appropriate cases.
This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.06 Disciplinary Procedures and due Process. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/08/2011. Effective: 01/29/2012.
(Originally published as policy SA-06-01, General Regulations on Student Conduct and Disciplinary Sanctions)
Revision History: 09/24/2008, 01/27/2014, 01/28/2015, 06/25/2015, 03/27/2017, 03/19/2018
TBR Policy Reference: 3:02:00:01
Revision Date Effective: 08/20/2018
Revision Approval By: Christopher L. Whaley, President
Original Date Effective: 02/24/2008
Original Approval By: Gary Goff, President
Office Responsible: Vice President Student Services & Enrollment Management
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