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Student
Rights
1. Students have a right to the best education which can be afforded them
in keeping with the financial
resources of the institution.
2. Students have the inherent right to optimum development, to reach
their full potential as useful,
thoughtful, and self-reliant persons.
3. Students have the right to free inquiry, free thought, free choice,
and free expression insofar as
these do not encroach upon the rights of others.
4. Students have the right to enroll in the University, hence no student
is required to stay at Tech, and
the option to withdraw from school is available to the student at all
times.
5. Students have the right of representation in student affairs through
their official student
organizations and in University affairs
through their official student representatives.
6. Students are entitled to freedom from unreasonable search and/or
seizure regarding their person,
their residence, and their personal property,
and they are entitled to due process as provided by
the judiciary procedures of the University.
7. Students have the right to affiliate with officially registered campus
organizations of their choice,
within the requirements of those
organizations relative to membership, and they have the right to
seek
through official procedures to establish organizations of their
choosing so long as such are
not in conflict with the educational purposes of the University.
8. Students have the right, when interrogated and/or arrested by the
University Police officials, to
remain silent, to be free from coercion, and to be advised of these
rights.
9. Students have the right to enjoy the opportunities afforded by the
University without discrimination
because of race, creed, national origin, age,
disability or sex .
Parent
or Guardian Responsibilities
1. It is the responsibility of the parents or guardians to become
acquainted with the institution’s
regulations and advise the student to comply
with the regulations in the interest of an orderly and
productive community.
2. In situations in which the student is involved with civil or criminal
law, the parents, guardians or
duly appointed representatives assume the
responsibility for representing the student in all cases.
Institutional
Responsibilities
1.
The institution has the responsibility of providing its students a program of
quality education in
keeping with its financial
resources: the institution also
has the right, as well as the responsibility,
to declare and enforce all
policies deemed appropriate to the academic community by the
governing body,
administration, and faculty.
2.
The institution has the responsibility of stating clearly all policies and
procedures governing
regulations which affect all
students, but
the institution reserves the right to direct, manage, or
control any
other situations which, in the opinion of the administrative officers, require
disciplinary
action. The principle of institutional autonomy is fully recognized.
3.
Although all members of the institution, both faculty and student, have the
responsibility for
upholding the standards of
the institution, only the President of the institution, or his
duly
appointed representative(s), has the right to suspend or
exclude a student;
and the President
shall reserve
the right of concurrence or veto in all disciplinary matters.
4.
The institution acknowledges its local responsibility and general concern with
regard to health,
welfare, and
safety of students.
5.
In situations in which the student is involved with civil or criminal law, it is
the responsibility of
the institution to arrange
for notification
of the parent or guardian of the student. The institution
or its
representative is not responsible for providing bail, money to cover fines, or
otherwise
handling the
situation for the student.
6.
Any student convicted on charges of personal misconduct shall be subject to
immediate
suspension provided a formal
hearing has been granted by University officials to confirm that
the
student, was in fact, convicted.
Student
Responsibilities
1.
Students are responsible for the proper completion of their academic program,
for familiarity
with all requirements of
the University Catalog under which they
intend to be graduated, for
maintaining the
grade average required and for meeting all other degree requirements.
Students
are also responsible for determining how much non-academic work, if any, they
should
carry with a given class load in order to avoid excessive total work
loads which would be
detrimental to their academic program. Their
advisor will
counsel with them but the final
responsibility remains
that of the students.
2.
Students are required to have knowledge of and observe all regulations
pertaining to campus life
and student deportment and to be
familiar with the information contained in University
publications.
3.
Students are responsible for maintaining communication with the University by
keeping
officials informed at all times of
their current
address, including ZIP code and telephone
number.
4.
The Legal Responsibility Act of 1971, found in Chapter 162 of the Public Acts of
1971, was
passed by the
General Assembly of the State of Tennessee; it states “Notwithstanding
any
laws to the contrary, any person who is eighteen
(18)
years of age or older shall have the same
rights, duties
and responsibilities as a person who is twenty-one (21) years of age or older.”
According to an
interpretation by the University’s legal counsel, students eighteen years (18)
of
age or older can be prosecuted for the violations of laws regarding alcoholic
beverages,
drugs, bad
checks, breach of contract, cohabitation, statutory
rape, manslaughter, etc.
Tennessee Law states that it shall be unlawful for
any
person under the age of twenty one (21)
years to have in his or her possession
alcoholic beverages for any purpose. Neither parents nor
University officials
are expected or required to intervene in cases such as these. The student
will be held
accountable and face the charges just as any other adult violator. Therefore, the
University reserves the right, through its authorized officials, to work
with civil authorities in
reviewing such cases, and to exercise disciplinary
sanctions, including interim suspension,
against the student charged with a
misdemeanor or felony if at least one of the following
circumstances is
present:
a. If the accused admits guilt to the alleged violation in the presence of
University officials.
b.
If the accused is deemed to be a threat to persons or property of the
University. Such
determination is to be
reached by a formal hearing before the University’s appropriate
disciplinary body. The University must provide all
essentials as to date, place, and time for
this hearing in such a
way that it is possible for the student to be present.
c.
If the accused refuses to appear at the aforementioned hearing, the individual
forfeits his right
to same. Even
though the student is found “not guilty” of the charges by the civil courts
in
cases of suspension or expulsion, he must appear
before the appropriate
disciplinary body
of the University to obtain clearance for readmission in good
standing under current
University regulations.
Student Conduct and
Disciplinary Sanctions
I. Institutional Policy Statement
(0240-3-6.01)
A. University students are citizens of the state, local and national
governments, and of the
academic community, and are, therefore, expected to
conduct themselves as law-abiding
members of the community at all times.
Admission to an institution of higher education
carries with it special
privileges and imposes special responsibilities apart from those rights
and
duties enjoyed by nonstudents. In recognition of the special relationship that
exists
between Tennessee Technological University and the academic community
which it seeks
to serve, the Tennessee Board of Regents has authorized the
President of the University to
take such action as may be necessary to maintain campus conditions and
preserve the
integrity of the institution and its educational environment.
B. Pursuant to this authorization, the University has developed the following Regulations which are intended to govern student conduct on the Tennessee Tech campus. In addition, students are subject to all national, state, and local laws and ordinances. If a student’s violation of such laws or ordinances also adversely affects the institution’s pursuit of its educational objectives, the institution may enforce its own regulations regardless of any proceedings instituted by other authorities. Conversely, violation of any section of these Regulations may subject a student to disciplinary measures by the institution whether or not such conduct is simultaneously volatile of state, local, or national laws.
Disciplinary Offenses (0240-3-6.02)
(1) Generally, though 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.
(2) Individual or organizational misconduct which is subject to disciplinary sanction shall include but not be limited to the following examples:
(a) Conduct dangerous to others. Any conduct which constitutes a serious danger to any person’s health, safety or personal well-being, including any physical abuse or immediate threat of abuse;
(b) Sexual Assault. Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.
(c) Hazing. Hazing means any intentional or reckless act in Tennessee on or off the property of any higher education institution by one (1) student acting alone or with others, which is directed against any other student, that endangers the mental or physical health or safety of that student, or which induces or coerces a student to endanger such student’s mental or physical health or safety. Hazing does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.
(d) Disorderly Conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs other groups or individuals.
(e) Obstruction of or interference with institutional activities or facilities. Any intentional interference with or obstruction of any institutional activity, program, event, or facilities, include the following:
(1) Any unauthorized occupancy of institution or institutionally controlled facilities or blockage of access to or from such facilities.
(2) Interference with the right of any institution member or other authorized person to gain access to any institution or institutionally controlled activity, program, event or facilities.
(3) Any obstruction or delay of a campus security officer, fireman, or any institution official in the performance of his or her duty.
(f) 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 the institution including, but not limited to, fire alarms, fire equipment, elevators, telephones, institutions keys, library materials and/or safety devices; and any such act against a member of the institution, community, or a guest of the institution;
(g) Theft, misappropriation, unauthorized sale. Any act of theft, misappropriation, or unauthorized possession or sale of institution property or any such act against a member of the institution, community or a guest of the institution;
(h) 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;
(i) Weapons are not allowed on property owned or operated by Tennessee Tech. State law prescribes a maximum penalty of six (6) years imprisonment and a fine not to exceed $3,000 for having weapons on school property. Violation of this law is a felony. Even individuals with handgun permits may not bring handguns on property owned or operated by Tennessee Tech;
(j) Explosives fireworks, and flammable materials. The unauthorized possession, ignition or detonation of any object or article which could 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;
(k) Alcoholic beverages. The use and/or possession of alcoholic beverages on University owned or controlled property;
(l) Drugs. The unlawful possession or use of any drug or controlled substance (including any stimulant, depressant, narcotic, or hallucinogenic drug or substance, or marijuana), or sale or distribution of any such drug or controlled substance;
(m) Gambling. Gambling in any form;
(n)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;
(o) Unacceptable conduct in hearings. Any conduct at an institutional hearing involving contemptuous, disrespectful, or disorderly behavior, or giving the false testimony or other evidence at any hearing;
(p) Failure to cooperate with institutional officials. Failure to comply with directions of institutional officials acting in the performance of their duties;
(q) Entertaining members of the opposite sex. Entertaining members of the opposite sex
in a student’s room in the residence halls, except as provided for by the
observance of
Open House and Residence Hall Visitation;
(r) Attempts and aiding and abetting the commission of offenses.
Any attempt to commit
any of the
foregoing offenses, or the aiding and abetting of the commission of any of the
foregoing offenses (an “attempt” to commit an offense is defined as
the intention to
commit the offense coupled with the taking of some action toward its
commission);
(s) 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.
(3) Disciplinary action may
be taken against a student for violations of the foregoing
regulations which
occur on institutionally owned, leased, or otherwise controlled
property, or
which occur off-campus when the conduct impairs, interferes with or
obstructs
any institutional activity or the missions, processes and functions of the
institution. In addition, disciplinary
action may be taken on the basis of any conduct,
on or off-campus,
which posses a substantial threat to persons or property within
the institutional community.
(4) For
the purposes of these Regulations, a “student” shall mean any person who
is
registered for
study at the University for any academic period.
A person shall be
considered a student during any period which follows
the end of an academic period
which the student has completed until the last day for registration for the next
succeeding regular academic period, and during any period while the student is
under
suspension from the
institution.
II.
Disciplinary Offenses (0240-3-6.02)
(1)
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.
(2)
Individual or organizational misconduct which is subject to disciplinary
sanction shall include
but not be limited to the following examples:
(a) Conduct dangerous to others. Any conduct which constitutes a serious
danger to any
person’s health, safety or personal well-being, including any physical abuse
or immediate
threat of
abuse;
(b) Sexual Assault. Any sexual act directed against another person,
forcibly and/or against that
person’s will; or not forcibly or against the person’s will where the victim
is incapable of
giving consent.
III.
Academic and Classroom Conduct (0240-3-6.02)
(1) The instructor has the primary responsibility for control over
classroom behavior and
maintenance of academic integrity, and can order the
temporary removal or exclusion from the
classroom of any student engaged in
disruptive conduct or conduct violative of the general
rules and regulations of
the institution. Extended or permanent exclusion from the classroom
or further
disciplinary action can be affected only through appropriate procedures of the
institution.
(2) 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 and subsequent to the due process hearing, if requested by
the student,
the instructor has the authority to assign an F or a zero for the
exercise or examination, or to
assign an F in the course.
(3) If the student believes that he or she has been erroneously accused
of academic misconduct,
and if his or her final grade has been lowered as a
result, the student may appeal the case
through the appropriate institutional procedures.
NOTE: The instructor shall send a copy of the charge to the Office of the
Vice President for
Student Affairs. The student shall have up to seven (7) days
to request a hearing by signing a
“Request for Hearing” form in the Office of the Vice President for
Student Affairs. The
student waives his/her right to a hearing by signing a “Waiver of
Hearing" form or by
neglecting to sign a “Request for Hearing” form within seven (7)
days.
IV.
Disciplinary Sanctions (0240-3-6.04)
(1) Upon a determination
that a student or organization has violated any of the rules, regulations or
disciplinary offenses set forth in these Regulations, the following disciplinary
sanctions may be
imposed, either singly or in combination, by the appropriate institution
officials.
(2) Definition of sanctions.
(a) Restitution. A student who has committed an offense against
property may be required to
reimburse the institution or other owner for damage to or
misappropriation of such property.
Any such payment in restitution shall be limited to actual cost of
repair or replacement.
(b) Warning. The
appropriate institutional official may notify the student that continuation or
repetition of specified conduct may be cause for other disciplinary
action.
(c) Reprimand. A written reprimand, or censure, may be given to
any student or organization
whose conduct violates
any part of these
Regulations. 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.
(d) Restriction. A restriction upon a student’s
or organization’s privileges for a period of time
may be imposed. This restriction may include for example, denial of a right to represent the
institution in any way, denial of use of facilities, parking privileges,
participation in
extracurricular activities or restriction of organizational privileges.
(e) Probation. Continued enrollment of a student on probation may
be conditioned upon
adherence to these Regulations. Any student placed on probation will be notified of
such
in writing and will also be notified of the terms and length of the
probation. Probation, may
include restrictions upon the extracurricular activities of a student.
Any conduct in violation
of these Regulations while on probationary status may result in the
imposition of a more
serious disciplinary sanction.
(f) Suspension. If a student is suspended, he or she is separated
from the institution for a stated
period of time with conditions of readmission stated in the notice of
suspension.
(g) Expulsion. Expulsion entails a permanent separation from the institution. The imposition
of
this sanction is a permanent bar to the student’s
readmission to the institution.
(h) Interim or summary suspension. Though as a general rule, the
status of a student accused
of violations of these Regulations should not be altered until a final
determination has been
made in regard to the charges against him/her, summary suspension 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,
or of any other member of the institution, community, or its guest,
destruction of property, or
substantial disruption of classroom or other campus activities. In any
case of immediate
suspension, the student shall be
given an
opportunity at the time of the decision or
immediately thereafter to contest the
suspension, and if there are
disputed issues of fact or
cause and effect, the
student shall be provided a hearing on the suspension as soon as
possible.
(3) The President of the University is authorized, at his or her
discretion, to subsequently convert
any sanction imposed to a lesser sanction,
or to rescind any previous sanction in appropriate
cases.
(4) General Rules Pertaining
to Disciplinary Sanctions
(a) Disciplinary Probation
and Suspension must be assigned for a definite period of time and
must be
assigned to coincide with the academic semester in the University calendar.
All
sanctions must become effective immediately upon completion of all
appellate procedures.
1. At a certain time within
each academic semester, policy permits a council to recommend
a delay of the Suspension until the end of that term provided that continued enrollment is
not a danger to the University.
2. If it is the Council’s intent to assign a full semester of
Disciplinary Probation and there are
only one or two weeks remaining in the
present semester, generally the Probation will be
assigned for the remainder of the present semester and the next semester.
(b) If it is known that a
student will not be enrolled during the next semester, e.g., Summer
Semester,
then the Probation may be assigned for that semester plus an additional
semester.
A student, even though he
is not enrolled at the University for the semester in question, may
be on
Probation for that semester since he is still subject to certain regulations of
the
University.
(c) Disciplinary Probation
may involve loss of participation in extracurricular activities and/or
loss of
certain awards, loans, etc. These added stipulations to the Probation should
only be
assigned under very specific circumstances as described below.
1. If a student has engaged
in a violation of University Regulations in order to obtain a loan
or an award
or a scholarship, then the loss of those awards or monies may be part of the
recommended sanction.
2. The loss of participation
in extracurricular activities should be assigned only when that
extracurricular activity was involved with or closely related to the
infraction.
(d) Under present
procedures, Disciplinary Probation does not require that a student report
periodically to any office of the University unless specifically requested to do
so as a
condition of the Probation. A
Council assigning the sanction may consider the addition
of such a condition if
the Probation is to run more than one term and if the Council feels
that the
student would need a reminder and a reinforcement of the conditions of the
Probation period.
(e) With the exception of
Disciplinary Probation, loss of privilege and restitution, the sanctions
are
generally not repeatable. For
example, once a person has received a Disciplinary
Warning, he would probably
not receive another Disciplinary Warning if he is involved in
additional
violations. Also, once a student is
suspended from the University, if he returns
and is involved in a violation of
regulations, then he could possibly receive a more severe
sanction.
Loss of privilege and restitution as additions to other sanctions may be
repeated
as often as necessary.
(f) Readmission Procedures
for Students under Disciplinary Suspension.
Suspension is
assigned for a specified period of time and excludes the
student from registration, class
attendance, residence on campus, and use of
University facilities. When the
period of
suspension is terminated, the student is considered for registration
in compliance with
academic standards then in effect.
1. The student is required
to submit an Application for Readmission form either in person
or by mail.
2. The student is required
to submit a personal letter of application to the Dean of Students.
The letter shall include:
(I) reasons why he feels he should
be reinstated;
(II) in detail, the nature of the
individual’s activities since being separated from the
University; and
(III) the
reasons why the individual believes he would be able to abide by the rules and
regulations of the University if he is permitted to
re-enroll.
(g) If a student is found
guilty of a charge, precedents (sanctions that have been assigned in
similar
cases in the past) should be given considerable weight in assigning a sanction
unless
there are very special circumstances that make the case different from
those that have
received the precedent sanctions.
Student Due Process
(024-3-6.05)
A. Judiciary procedures at
this University do not constitute legal actions, nor are the decisions to
be
equated with verdicts reached by courts of law. These procedures simply involve
the
fact-finding and decision-making processes of an educational institution.
The scope of the
power of the judiciary bodies of this University is limited to
that action necessary to control
conduct so as to insure the continuance of an
academic environment. The basic need for
prompt and just decisions is supported by a process that provides for “fair
play,” which is
the basic element of
due process.
B. Tennessee
Technological University, in the implementation of Board approved policies and
regulations pertaining to discipline and conduct of students, shall insure the
constitutional
rights of students, by affording a system of the constitutionally
and legally sound procedures
which provide the protection of due process of law.
C. In accordance with
University policy governing discipline, the following minimal procedures
shall be observed:
(1) The student shall be advised of the time and place
of the hearing.
(2) The student shall be advised of the breach of
regulations of which he is charged.
(3) The student shall be advised of the following
rights:
(A) The right to present his
case.
(B) The right to be
accompanied by an advisor.
(C) The right to call
witnesses in his behalf.
(D) The right to confront
witnesses against him.
(4) The student shall be advised of the judiciary
alternatives.
(5) The student shall be advised of the method of
appeal.
D. In cases involving
alleged sexual assault, both the accuser and the accused shall be informed
of the following:
(1) Both the accuser and the
accused are entitled to the same opportunity to have others
present during a disciplinary proceeding; and,
(2) Both the accuser and the
accused shall be informed of the outcome of any disciplinary
proceeding
involving allegations of sexual assault.
University
Disciplinary System
The Disciplinary System is a policy means of implementing adjudication
procedures for any student accused of violating the Rules and Regulations which
govern the behavior of all members of the University community. The Disciplinary
System permits cases of alleged student misconduct, except for cases relating to
academic and classroom misconduct, to be considered by the Dean of Students, the
University Student Judicial Council, the University Judicial Council, or the
Tennessee Uniform Administrative Procedures Act (TUAPA). Choice of hearing
councils, other than the TUAPA, shall be assigned at the option of the
student(s) except during periods when one council is not available: at which
time the case(s) shall be referred to the available council by the Dean of
Students. Note: A complete disciplinary manual is available for student perusal.
Code of
Computing Practice
Computer resources at Tennessee Technological University are available to
students, faculty, and staff for authorized use in a responsible, ethical, and
equitable manner. It’s important that all users of the computing facilities
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