Student Conduct and Disciplinary Sanctions

Student Conduct and Disciplinary Sanctions
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Student Conduct and Disciplinary Sanctions

1.1 Institutional 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 privileges and imposes special responsibilities apart from those rights and duties enjoyed by non-students. In recognition of the special relationship that exists between Tennessee Technological University ("TTU") and the academic community which it seeks to serve, the Tennessee Board of Regents ("TBR" or "the Board") has authorized the president of TTU and directors of the technology centers 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 indvidual and academic pursuits may flourish, TTU has developed the following policies, which are 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 institution’s pursuit of its educational objectives, TTU 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 these policies, a "student" shall mean any person who is admitted and/or registered for study at TTU 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, and during any period while the student is under suspension from the institution. 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 policies governing student conduct. Students are responsible for compliance with the Student Code of Conduct and with similar institutional policies at all times.
Disciplinary action may be taken against a student for violation of the policies which occur on institutionally owned, leased or otherwise controlled property, while participating in international or distance learning programs, and off campus, including clinical affiliation sites, when the conduct impairs, interferes with, or obstructs any institutional activity or the mission, processes, and functions of the institution. TTU 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 policies, 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 organzation 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)(4), a student's disciplinary files are considered "educational records" and are confidential within the meaning of those Acts.

1.2 Disciplinary Offenses

Institutional disciplinary measures shall be imposed, though appropriate due process procedures, 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 property owned or controlled by TTU.
Individual or organizational misconduct which is subject to disciplinary sanctions include but shall not be limited to the following examples:

(a) Conduct Dangerous to Self or Others. Any conduct, or attempted conduct, which constitutes a danger to any person’s health, safety or personal well-being, including but not limited to, the following:

1. Physical and/or verbal abuse,

2. Threats and/or intimidation,

3. Harm inflicted on self;

(b) 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;

(c) 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;

(d)Obstruction of or interference with institutional activities or facilities. Any intentional interference with or obstruction of any institutional, program, event, or facility include the following:

1. Any unauthorized occupancy of facilities owned or controlled by an institution 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 activity, program, event or facilities sponsored or controlled by an institution,

3. 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;

(e) 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;

(f) 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 a member of the institution community or a guest of the institution.

(g) Misuse of Documents or Identification Cards. Any forgery, alteration of or unauthorized use of institutional 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;

(h) Firearms and Other Dangerous Weapons. Any possessioin 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;

(i) 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;

(j) Alcoholic Beverages. The use, possession, distribution, sale, or manufacture of alcoholic beverages, or public intoxication on TTU owned or controlled property, at a TTU sponsored event, or property owned or controlled by an affiliated clinical site is prohibited. This includes the violation of any local ordiance, state, or federal law concerning alcholoic beverages, on or off TTU owned or controlled property, where an affiliated group or organization has alcoholic beverages present and available for consumption. It also includes any violation of any term of the TTU Drug-Free Policy Statement; Pursuant to Tennessee Code Annotated 49-7-146, TTU 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 of posession of alcohol or a controlled substance that is a violation of any federal, state, or local law, or any rule or policy of TTU, except as prohibited by the Federal Education 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 the disciplinary procedures, including completion of an appeal.

(k) Drugs. The unlawful use, possession, distribution, sale or manufacture, of any drug or controlled substance (including any stimulant, depressant, narcotic, 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 TTU; at a TTU sponsored event; on property owned or controlled by an affiliated clinical site is prohibited. This includes any violation of any term of the TTU Drug-Free Policy Statement. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession or use of drugs, on or off institution owned or controlled property. Pursuant to Tennessee Code Annotated 49-7-146, TTU 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 of possession of alcohol or a controlled substance that is a violation of any federal, state, or local law, or any rule or policy of TTU, except as prohibited by the Federal Education 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 the disciplinary procedures, including completion of an appeal.

(l) 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;

(m) Public Intoxication. Appearing on institution owned or controlled property or at an institutional sponsored event while under the influence of a controlled substance or of any other intoxicating substance;

(n) Gambling. Unlawful gambling in any form;

(o) 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;

(p) 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;

(q) Failure to Cooperate with Institutional Officials. Failure to comply with directions of institutional officials acting in the performance of their duties;

(r) Violation of General Policies. Any violation of the general policies 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;

(s) 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 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;

(t) Violation 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;

(u) 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;

(v) Sexual Battery or Rape. Committing any act of sexual battery or rape as defined by state law;

(w) 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,(F), 5:01:02:00, 2:02:10:01 and TBR Guideline P-080. All matters involving allegations of impermissible discrimination, harassment or retaliation will be governed by the procedures outlined in Tennessee Board of Regents Guideline P-080 Subject: Discrimination and Harassment -- Complaint and Investigation Procedure or an institutional policy that reflects the current requirements of that Guideline.

(x) Academic Misconduct. Plagiarism, cheating, fabrication. For purposes of this section the following definitions apply:

1. Plagiarism. The adoption or reproduction of ideas, words, statements, images, or works of another person as one's own without proper attribution,

(y) Violation of Imposed Disciplinary Sanctions. Intentional or unintentional violation of a disciplinary sanction officially imposed by an institution or school official or a constituted body of the institution or school.

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.

3. Academic and Classroom Conduct (0240-3-6.02)

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 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 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.
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.
Disruptive behavior in the classroom may be defined as, but is 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.), 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.).
Class attendance and punctuality requirements are contracted between the faculty and the students, through specific expectations for attendance and punctuality and specific consequences that are outlined by individual faculty members in the printed sylllabus for each course.

Students are expected to attend classes regularly and on time and are responsible for giving explanations/rationale for absences and lateness directly to the faculty member for each course in which they are enrolled.

In cases where student absences are the result of emergency circumstances (e.g., death in the family, a student's serious injury or incapacitating illness), for which students are unable to make immediate contact with faculty, the student may contact the Office of Student Affairs for assistance in providing such immediate notification to faculty. However, the student remains responsible for verifying the emergency circumstances to faculty and for discussing arrangements with faculty for completion of course work requirements.

4. Disciplinary Sanctions (0240-3-6.04).

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.
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. 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.

(d) Constructive or educational project. A project either beneficial to the individual, campus, and/or community may be required. The project will be related to the disciplinary offense for which the student is responsible. The work will be commensurate to the disciplinary offense for which the student is responsible.

(e) 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.

(f) Referral to the University Counseling Center. The student is mandated to visit the University Counseling Center for an initial evaluation and follow through on any prescribed treatment program. A condition of this sanction would be that the student would sign a release of information, allowing feedback to the Dean of Students Office relative to compliance of the student with the treatment plan, progress toward completion of goals, and overall cooperation. If the prescribed treatment plan necessitates the student being referred to a community agency, the release of information would allow the Counseling Center to receive feedback. The Counseling Center would then breif the Dean of Students.

(g) Revocation of Admission and/or Degree. Revocation of Admission and/or Degree following admission to the University and/or degree awarded from the University may be revoked for serious violations committeed by a student prior to beginning classes or prior to graduation. The submission of false information at the time of admission or readmission is grounds for rejection of the application, withdrawal of any offer of acceptance, cancellation of enrollment, dismissal or other appropriate disciplinary action.

(h) Withholding of Degree. The awarding of a degree may be withheld until all disciplinary processes are complete and all sanctions, if any, are satisfactorily completed.

(j) Alcohol and drug counseling/rehabilitation (for Nursing students and all students enrolled in the allied health programs, if applicable). Mandatory participation in and satisfactory completion of a drug or alcohol abuse program, or rehabilitation program.

(k) 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.

(l) 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.

(m) 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.

(n) 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

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.
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.
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.
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.
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.
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). 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.
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.
Residential Life probation. A resident of either the University-owned or controlled residence halls and/or apartments placed on residential life probation is deemed not to be in good standing with the Residential Life Community, and his or her continued residence is contingent on compliance with the student code of conduct and the residence hall or apartment agreements. Any resident placed on residential life probation shall be notified in writing of the length and any terms of the probation. Any conduct of a similar or more serious nature in violation of the probation shall result in suspension from the residence halls or apartments.
Residential Life suspension. Separation of a resident from the University-owned or controlled residence halls and/or apartments for a definite period of time, after which the student is eligible to return. A student suspended from the University-owned or controlled residence halls and/or apartments may not reside in, visit, or make any use whatsoever of a residential life facility or participate in any residential life activity during the period of time for which the sanction is in effect. A resident suspended from the University owned or controlled residence halls or apartments must vacate the residential life unit within forty-eight (48) hours. The suspended resident will forfeit residential life fees -- any unused portion thereof and any deposit and/or prepayment. Condtions for readmission may be specified.

5. The Federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002

The federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002 require that whenever a sex offender becomes employed, enrolls as a student or volunteers at an institution of higher education in the state of Tennessee, he or she must complete or update the Tennessee Bureau of Investigation (TBI) sexual offender registration / monitoring form and deliver it to TBI headquarters in Nashville. As defined in section 40-39-201 et seq. of the Tennessee Code, a "sexual offender" means a person who is, or has been, convicted in this state of committing a sexual offense or who is, or has been, convicted in another state or another county or who is or has been convicted in a federal or military court, of committing an act that would be constituted a sexual offense if it had been committed in this state. A "sexual offense" means the commission of acts including but not limited to aggravated and statutory rape, sexual battery, sexual exploitation of a minor, aggravated prostitution, and kidnapping.
Both acts designate certain information concerning a registered sexual offender as public information and therefore amend and supercede the Family Educational Rights and Privacy Act (FERPA) and other federal and state laws that previously prohibited the disclosure of such personal information. Since the laws require the publication of information pertaining to sexual offenders employed, enrolled or volunteering at an educational institution, said publication does not constitute grounds for a grievance or complaint under institutional or Tennessee Board of Regents policies or procedures.
In compliance with the federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002, members of the campus community may obtain the most recent information received from the Tennessee Bureau of Investigation (TBI) concerning sex offenders employed, enrolled or volunteering at this institution at the TTU Police Department. Information is also available on the TBI's web site listing of sex offenders located on the internet at http://www.ticic.state.tn.us/SEX_ofndr/search_short.asp

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