<%@ Language=VBScript %> <% Option Explicit %> Code of Conduct - Lanier Technical College
 
 




   
 
Code of Conduct
  
 
     
It is important for all students to be aware of conduct that will lead to disciplinary action by Lanier Technical College. In order to clarify the types of conduct which shall be considered to affect adversely the college's educational function or to interfere with the rights of others to pursue their education, to conduct their college's duties and responsibilities or to participate in college activities, the Board of Directors adopts the following Code of Conduct for students:


Scope
The College may take disciplinary action for a violation of the Code of Conduct when the offense occurs on College premises or at College-sponsored events, or when an offense which occurs off campus is such that in the judgment of the Vice President for Student Affairs, failure to take disciplinary action is likely to interfere with the educational process or the orderly operation of the College, or endanger the health, safety or welfare of the College community.


Matters Subject to Disciplinary Actions
Appropriate disciplinary procedures and sanctions shall be applied to any student, acting individually or in concert with others, who commits, or attempts to commit, any of the following acts of misconduct:

  1. Action(s) or conduct which hinders, obstructs or otherwise interferes with the learning process. This includes but is not limited to the use of cell phones, pagers and radios, etc. in classrooms, labs, library/media center, and clinical settings. Use of these devices in the settings listed above will not be permitted.
  2. Actions which have great potential for physically harming the person or property of others, including that of the College, or which actually result in physical harm, or which cause reasonable apprehension of physical harm.
  3. Any type of sexual assault including rape.
  4. Making false representations to the College, including forgery and unauthorized alteration of documents, unauthorized use of any College document or instrument of identification.
  5. Academic dishonesty, including, but not limited to, dishonesty in quizzes, tests, or assignments; claiming credit for work not done or done by others; hindering the academic work of other students; misrepresenting academic or professional qualifications within or without the College; and nondisclosure or misrepresentation in filling out applications or other College records.
  6. Substantially interfering with the freedom of expression, movement or activity of others.
  7. Excessive absences or excessive tardiness.
  8. Violation of any probationary terms.
  9. Failure to meet any financial obligations to the College.
  10. Use of profanity, whether verbal, written, or electronic, is prohibited on campus and at college sponsored activities.
  11. Reckless driving on campus.
  12. Initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency. Misusing or damaging fire safety equipment on College premises.
  13. Theft of property or of services; possession of property that is known to be stolen. Persons will be prosecuted.
  14. Failure to comply with the lawful directions of College officials, including campus security officers and other law enforcement officials, acting in performance of their duties.
  15. Willfully refusing or failing to leave the property of or any building or other facility owned, operated, or controlled by the College when requested to do so by a lawful custodian of the building, facility or property if the student is committing, threatens to commit or incites others to commit any act which would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions of the College.
  16. Unauthorized presence in or use of College premises, facilities, or property, in violation of posted signs, when closed, or after normal operating hours. This includes entering other departments without prior approval of instructor.
  17. Illegal use, possession, or distribution of any controlled substance, illegal drug, or alcohol, on college premises or at college sponsored events.
  18. Use or possession of fireworks on College premises or at College sponsored events.
  19. Use, possession, or storage of any weapon (which includes, but is not limited to, firearms, ammunition, bombs, explosives, incendiary devices, knives, or other dangerous weapons, substances, or materials) on College premises or at College-sponsored activities, unless expressly authorized in writing by the President.
  20. Misusing College computing resources by intentionally making or receiving, accessing, altering, using, providing or in any way tampering with files, disks, programs, passwords or hardware belonging to other computer users without their permission.
  21. Receiving or transmitting offensive material through College computers.
  22. Violation of published or posted College regulations or policies, including but not limited to regulations prohibiting discriminatory activity, safety regulations, parking regulations, and regulations on designated areas for smoking, eating and drinking.
  23. Aid to others in committing or inciting others to commit any act mentioned above.
  24. Action(s) or conduct which hinders, obstructs or otherwise interferes with the implementation or enforcement of the Code of Conduct including failure to appear before any of the College's disciplinary authorities and to testify as a witness when reasonably notified to do so by an appropriate College officer.
  25. Any other acts or omissions which affect adversely College functions or College-sponsored activities, interfere with the rights of others to the pursuit of their education, or other- wise disrupts the learning process or is inconsistent with the educational objectives of the College.
  26. Violating the terms of any disciplinary sanction imposed in accordance with this Code.
1 The term "student" includes both full-time and part-time students pursuing credit or non-credit studies.
2 All references to College officers, by title, in this Code shall also include the designee(s) of that officer.


Rights of Students in Disciplinary Matters
Students' rights under the state and federal constitutions are specifically acknowledged and affirmed, including the rights of freedom of speech, freedom of association, freedom of religion, and due process. The provisions of this Code of Conduct shall be construed so as not to infringe upon these rights, as those rights are defined by law.


Disciplinary Policy and Procedure

I. POLICY:
The administration reserves the right to maintain a safe and orderly educational environment for students and staff. Therefore, when, in the judgment of college officials, a student's conduct disrupts or threatens to disrupt the college community, appropriate disciplinary action will be taken to restore and protect the atmosphere of collegiality and mutual respect on campus. This procedure is intended to provide an orderly protocol for handling student disciplinary cases in accordance with the principles of due process and justice.

II. APPLICABILITY:
This procedure is applicable to all technical colleges associated with the Technical College System of Georgia.


III. DEFINITIONS:
  1. The term "Technical College System of Georgia" is synonymous with the term "Department of Technical and Adult Education."
  2. The term Technical College means any college within the Technical College System of Georgia).
  3. The term "Student" includes all persons taking courses at the Technical College, both full-time and part-time. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the Technical College are considered "students."
  4. The term "Faculty Member" means any person hired by the Technical College to conduct teaching service, or research activities.
  5. The term "Technical College Official" includes any person employed by the Technical College, performing assigned administrative responsibilities.
  6. The term "Member of the Technical College Community" includes any person who is a student, faculty member, Technical College official or any other person employed by the Technical College.
  7. The term "Technical College premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the Technical College (including adjacent streets and sidewalks).
  8. The term "Student Organization" means any number of persons who have complied with the formal requirements for Technical College recognition.
  9. The term "Judicial Body" means any person or persons authorized by the President of a Technical College to determine whether a student has violated the Student Code or other regulations and to recommend imposition of sanctions.
  10. The term "Judicial Advisor" means a Technical College Official authorized on a case-by-case basis by the President to impose sanctions upon students found to have violated the Student Code. The President may authorize a Judicial Advisor to serve simultaneously as a Judicial Advisor and the sole member or one of the members of a Judicial Body. Nothing shall prevent the President from authorizing the same Judicial Advisor to impose sanctions in all cases. Unless otherwise noted, the "Judicial Advisor" of the Technical College is the Vice President for Student Affairs.
  11. The term "Appellate Board" means any person or persons designated by the President to consider an appeal from a Judicial Body's determination that a student has violated the Student Code, other regulations, or from the sanctions imposed by the Judicial Advisor. The President may serve as the Appellate Board.
  12. The term "shall" is used in the imperative sense.
  13. The term "may" is used in the permissive sense.
  14. The term "policy" is defined as the written regulations of the Technical College as found in, but not limited to, the Student Code of Conduct, Students Handbook(s), Residence Hall Handbook(s), Technical College Catalog(s), the Technical College Policy Manual, and the Policy Manual approved by the State Board for the Technical College System of Georgia.
  15. The term "cheating" includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations: (2) dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; or (3) the acquisition, without permission, of tests or other academic material belonging to a member of the Technical College faculty or staff.
  16. The term "plagiarism" includes, but is not limited to, the use by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
  17. The term "System" means the Technical College System of Georgia.
  18. The term "business days" means, for disciplinary purposes, weekdays that the college administrative offices are open.
  19. The term "Continuing Relationship" means any person who has been enrolled as a student and may enroll in the future as a student at the Technical College.
  20. The term "Academic Misconduct" means any incident involving as any act which improperly affects the evaluation of a student's academic performance or achievement (i.e. cheating, plagiarism, etc).

IV. ATTACHMENTS:
A. Student Code of Conduct Complaint Form
B. Disciplinary Sanction Appeal Form

*Forms are located on the Lanier Technical College website (www.laniertech.edu/LTC_/forms-policies.asp), Forms and Polices page in the Student Affairs section under Student Code of Conduct.

V. PROCEDURE:
A. Filing a Complaint

1. Any member of the Technical College Community may file a complaint with the Vice President for Student Affairs against any student for a violation of the Student Code of Conduct. The individual(s) initiating the action must complete a Student Code of Conduct Complaint Form, and forward it directly to the Vice President for Student Affairs or his/her designee.

2. Investigation and Decision

a. Within five business days after the complaint is filed, the Vice President for Student Affairs or his/her designee shall complete a preliminary investigation of the incident, and schedule a meeting with the student against whom the complaint was filed in order to discuss the incident and the charges. In the event that additional time is necessary, the student will be notified. After discussing the complaint with the student, the Vice President for Student Affairs or his/her designee shall determine whether the student committed the alleged conduct, and whether the alleged conduct constitutes a violation of the Student Code of Conduct. If the student fails to attend the meeting, the Vice President for Student Affairs will make a determination based on his investigation. The student, by failing to appear waives all rights to appeal this decision.

b. In the event that a complaint alleges violations of the Student Code of Conduct by more than one student, each student's disciplinary proceeding, as well as any appeals relating to that proceeding, shall be conducted individually.

c. If the Vice President for Student Affairs or his/her designee determines that the student committed a violation of the Student Code of Conduct, he/she shall impose one or more disciplinary sanctions consistent with those described below. If the Vice President for Student Affairs or his/her designee determines that the alleged conduct did not occur, or that the conduct was not a violation of the Student Code of Conduct, he/she shall not impose any disciplinary sanctions on the student and the investigation shall be closed.

B. Disciplinary Sanctions

1. After a determination that a student has violated the Student Code of conduct, the Vice President for Student Affairs or his/her designee may impose one or more of the following sanctions:

a. Restitution - A student who has committed an offense against property may be required to reimburse the Technical College or other owner for damage to or misappropriation of such property. Any such payment in restitution shall be limited to the actual cost of repair or replacement.

b. Reprimand - A written reprimand may be given any student. Such a reprimand does not restrict the student in any way, but it signifies to the student that he/she is in effect being given another chance to conduct himself/herself as a proper member of the Technical College community, and that any further violation may result in more serious sanctions.

d. Restriction - A restriction upon a student's privileges for a period of time may be imposed. This restriction may include but is not limited to denial of the right to represent the Technical College in any way, denial of use of facilities, alteration or revocation of parking privileges, or restrictions from participating in extracurricular activities.

e. Disciplinary Probation - Continued enrollment of a student on probation may be conditioned upon adherence to specified terms. Any student placed on probation will be notified of the terms and length of probation in writing. Any conduct determined after due process to be in violation of these terms while on probation may result in the imposition of more serious disciplinary sanctions, as specified by the terms of probation.

f. Failing or lowered grade - In cases of academic misconduct, the Vice President for Student Affairs or his/her designee will make a recommendation to the Vice President of Academic Affairs or his/her designee who may authorize the instructor to award a failing or lowered grade in the course, a loss of credit on the assignment or examination, and may impose other additional sanctions including suspension or dismissal from the Technical College. Reference policy V.H. Academic standards, evaluations and appeals.

g. Disciplinary Suspension - If a student is suspended, he/she is separated from the Technical College for a stated period of time. Conditions of reinstatement, if any, must be stated in the notice of suspension.

h. Disciplinary Expulsion -Removal and exclusion from the Technical College, Technical College controlled facilities, programs, events, and activities. A record of the reason for the student's dismissal is maintained by the Vice President for Student Affairs or his/her designee. Students who have been dismissed from the Technical College for any reason may apply in writing for reinstatement twelve (12) months following the expulsion. If approval for reinstatement is granted, students will be placed on disciplinary probation for a specified term. The probationary status may be removed at the end of the specified term at the discretion of the Vice President for Student Affairs or his/her designee.

j. Interim Disciplinary Suspension - As a general rule, the status of a student accused of violations of the Student Code of Conduct should not be altered until a final determination is made regarding the charges against him/her. However, interim suspension may be imposed upon a finding by the Vice President for Student Affairs or his/her designee that the continued presence of the accused student on campus constitutes imminent threat to the safety and well-being of the accused student or any other member of the Technical College community or its guests, or that the continued presence of the student on campus creates a risk of substantial disruption of classroom or other Technical College-related activities.

2. Violation of Federal, State, or Local Law

a. If a student is convicted or pleads Nolo Contendere to an off-campus violation of federal, state, or local law, but not with any other violation of the Student Code of Conduct, disciplinary action may be taken and sanctions imposed for misconduct that is detrimental to the Technical College's vital interests and stated mission and purpose.
b. Disciplinary proceedings may be instituted against a student charged with violation of a law that is also a violation of the Student Code of Conduct if both violations result from the same factual situation, without regard to criminal arrest and/or prosecution. Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following criminal proceedings.
c. When a student is charged by federal, state, or local authorities with a violation of law, the Technical College will not request or agree to special consideration for that individual because of his/her status as a student. The Technical College will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

3. Conditions of Disciplinary Suspension and Expulsion

a. A student who has been suspended or expelled from the Technical College shall be denied all privileges afforded a student and shall be required to vacate Technical College premises at a time determined by the Vice President for Student Affairs or his/her designee.
b. In addition, after vacating the Technical College Premises, a suspended or expelled student may not enter upon the Technical College premises at any time, for any purpose, in the absence of written permission from the Vice President for Student Affairs or his/her designee. A suspended or expelled student must contact the Vice President for Student Affairs or his/her designee for permission to enter the Technical College premises for a limited, specified purpose.
c. If the student seeks to submit a signed Disciplinary Sanction Appeal Form, the Vice President for Student Affairs or his/her designee must accept the Form by mail or fax if he/she refuses the student's request to enter the Technical College premises for that specified purpose.
d. A scheduled appeal hearing before the Judicial Body shall be understood as expressed permission from the Vice President for Student Affairs or his/her designee for a student to enter the Technical College premises for the duration of that hearing.

C. Appeals Procedure

1. A student who attended the preliminary hearing with the Vice President for Student Affairs or his/her designee and wishes to appeal the disciplinary decision must file a written notice of appeal through the President's Office for review by the Judicial Body within five business days of notification of the decision.

2. The student will then have the right to appear in a hearing before a Judicial Body assigned by the President or his/her designee within 10 business days to present evidence and/or testimony. The student has the right to be assisted by any advisor he/she chooses, at his/her own expense. The student is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a Judicial Body. The Committee will consist of two faculty members, one staff member and two students. There shall be a single verbatim record, such as a tape recording, of all hearings before the Judicial Body. The record shall be the property of the Technical College. The Chairperson of the Judicial Body shall notify the President and the Vice President for Student Affairs in writing of the Judicial Body's decision. The Technical College President or his/her designee will notify the student in writing of the Committee's decision and the opportunity to appeal directly to the President.

3. In the event that the student chooses to contest the decision of the Student Judicial Committee, he/she has the right to appeal the decision to the President of the College within five business days of notification of the Committee's decision. The appeal to the President shall be in writing. The President shall only consider evidence currently in the record, new facts not brought up in earlier stages of the appeal shall not be considered. The President shall deliver his/her decision to the student within 10 business days. The decision of the President shall be final and binding.

4. The mailing address and telephone number for the Council on Occupational Education is located in the front of this catalog for cases where the grievance is not settled at the institutional level.


D. Document Retention

The Vice President for Student Affairs or his/her designee shall retain a copy of all documents concerning complaints, investigations, administrative actions, and communications in relation to any incident that resulted in a disciplinary investigation of any kind against a student. The Vice President for Student Affairs or his/her designee will also retain records of any disciplinary appeals filed by the affected student, as well as the resulting record of appeal and decision submitted by the Student Judicial Committee. A record of the final decision must also be retained, in the event that the decision is appealed to the President. All records specified in this section shall be retained for a period of five years.