I. Statement of General Policy and Definitions
It is expected that each student will obey federal, state, and local laws, will show respect for properly constituted authority, and will exhibit and maintain integrity and honor in all matters related to Northwest Iowa Community College. To this end, students are expected to adhere to the following Student Conduct Code.
In this Code, unless the context otherwise requires:
I. “Class day” means a day on which classes are regularly scheduled.
II. “College property” or “College facilities” mean property, real or personal, owned, leased, controlled or managed by the College.
III. “Complainant” means the person who submits a report or complaint alleging that a student violated this Student Conduct Code. If another member of the College community submits the report or charge on behalf of a student who believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been a victim will also be considered the “Complainant” for purposes of any rights afforded to a complainant under this Student Conduct Code.
IV. “CAO” means the Chief Academic Officer, and/or his/her delegate, designee, representative, or agent.
V. “CFO” means the Chief Financial Officer, and/or his/her delegate, designee, representative, or agent.
VI. “Faculty” means instructional employees, or who is otherwise considered by the College to be a member of its faculty.
VII.“Student” means any person enrolled in the College, whether on a part-time or full-time basis. A person who withdraws after allegedly violating the Student Conduct Code, who is not officially enrolled for a particular term but who have a continuing relationship with the College, or who has been notified of acceptance for admission are considered a “Student” for purposes of this Student Conduct Code.
VIII.“Preponderance of the Evidence” means supported by the greater weight of the evidence. In other words, whether it is more likely than not that something occurred.
IX. “President” means the President of the College, and/or his/her delegate, designee, representative, or agent.
X.“Respondent” means the student accused of violating this Student Conduct Code.
III. Jurisdiction of the Student Conduct Code
This Student Conduct Code applies equally to all students and to conduct that occurs on College property or in College facilities, at College-sponsored activities, and to off-campus conduct that adversely affects the College community and/or the pursuit of its objectives. Through voluntary admission and entrance to the College, each student indicates their willingness to be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, including conduct before classes begin, after classes end, during the academic year, or between terms of actual enrollment (even if violations are not discovered until after a degree is awarded). The Student Conduct Code applies to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.
Consistent with its mission to provide a safe and productive learning environment, the College prohibits any Student from committing sex discrimination in the form of sexual harassment, which includes “quid pro quo” sexual harassment, hostile environment sexual harassment, sexual assault, dating violence, domestic violence, and stalking. The College protects its students from sexual harassment under Title IX under its Title IX Sexual Harassment Policy, Board Policy 477. The Title IX Sexual Harassment Policy and procedures will apply to allegations and incidents of sexual harassment under the scope and definitions of that Policy and its procedures, including reporting, discipline, and appeal procedures. Instances of alleged sexual harassment which fall outside of the scope and definitions of the Title IX Sexual Harassment Policy and procedures may be addressed under applicable policy, including this Student Conduct Code.
IV. Violation of Law and College Discipline
College disciplinary proceedings may be instituted against a student for misconduct that potentially violates both the criminal law and this Student Conduct Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Conduct Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus. Determinations made or sanctions imposed under this Student Conduct Code will not be subject to change because criminal charges arising out of the same facts giving rise to violation of College rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
College conduct proceedings under the Student Conduct Code are separate from criminal or civil litigation. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in the Student Conduct proceedings.
Any student who commits, attempts to commit, or incites/ aids another to carry out violations of this Student Conduct Code may be subject to the disciplinary procedures and sanctions as outlined in this Code. A “violation” or “violations” of the Student Conduct Code is any one or more of the following acts, although this is not an exhaustive list of all acts that may constitute violations:
A. Improper Use of College Facilities or Property Failing to comply with established rules, policies, and procedures in using College facilities or property. This includes unauthorized use of College facilities or property, and/or damage to College property or facilities.
B. Willful disruption of College-sponsored, supported, and supervised activities, including lectures, classroom instruction, presentations, or performances.
C. Academic dishonesty or cheating: Each student assumes an obligation to conduct his/her academic affairs in a manner compatible with the standards of academic honesty established by the College and its faculty. If this obligation is not met by the student, disciplinary action will be taken under this Code and/or any applicable procedures of the course, discipline, or program of study. The following activities would constitute academic dishonesty or cheating:
1. Turning in written essays, assignments, and computer programs produced by someone else when the expectation was to do one’s own work.
2. Collaborating on a written assignment without the specific approval of the instructor.
3. Plagiarism, including borrowing materials from any source—professional or amateur—and turning it in as original, and/or failing to acknowledge through appropriate citations any words, ideas, research, graphics, etc., produced by someone other than the person claiming authorship.
4. Copying from another person’s tests or assignments.
5. Using unauthorized test aids such as notes, drawings, books, etc., during an examination.
6. Aiding another student in dishonesty such as producing written work or sharing information during a test period.
7. Fabricating research or source materials.
8. Stealing, buying or somehow obtaining a test from an instructor’s work area or computer files.
D. Acts of Dishonesty (other than academic dishonesty or cheating), including:
1. Knowingly furnishing false information to the College, forgery, alteration, or misuse of College documents or records; or
2. Furnishing false information to any College official, faculty member, or College office.
3. Failure or refusal to timely pay a debt owed Northwest Iowa Community College.
4. Presentation or delivery of any check, draft, or order to Northwest Iowa Community College, with intent to defraud.
5. Failure to pay the College the amount of a check, draft, or order on or before the first class day after the day the business office sends written notice that the drawer has rightfully refused payment on the check, draft or order.
E. Abuse, Assault, or Harassment: Threatening, harassing, physically abusing, assaulting, willfully injuring, or endangering in any manner the physical or mental health and safety of any person on College property or in College facilities;
F. Theft, willful destruction, damage or misuse of any property belonging to or in the possession of the College or belonging to or in the possession of any person on College property;
G. Hazing: An act which endangers the mental or physical health or safety of a student or other person, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a student or fraternal group or organization. The apathy, acquiescence, or express or implied consent of the victim does not take an act out of the definition of “Hazing.”
H. Possession or consumption of an alcoholic beverage on College property or while representing the College as a part of an off campus function in violation of College rules;
I. Illegal possession, sale or use of a controlled substance, as defined in Chapter 124, Code of Iowa, or of a prescription drug upon College property;
J. Illegal possession or use of any firearms, explosive, dangerous chemical or other weapon;
K. Disorderly conduct, including:
1. Engaging in fighting or violent behavior in the College or at College functions.
2. Willfully making loud and raucous noise in the vicinity of the College or at College functions which disrupts College activities and events.
3. Directs abusive epithets or makes any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.
4. By words or actions, initiates or circulates a report or warning of fire, epidemic, or other catastrophe, knowing such report to be false or such warning to be baseless.
L. Trespass: Violating a College no-trespass directive, or committing any act of trespass prohibited by law.
M. Laws: Other acts in violation of any federal, state, or local law.
N. Policies: Other acts in violation of College policies, rules, or procedures published in hard copy or available electronically on the College website.
O. Discrimination and Discriminatory Harassment, as defined under the College’s Discriminatory Harassment Policy.
VI. Disciplinary Proceedings
A. Complaints, Investigations, and Hearings
1. Any member of the College community may file a complaint against a student for violations of the Student Conduct Code. A complaint concerning (a) financial issues of the College or the parties involved or (b) facilities of the College should be directed to the CFO. All other complaints should be directed to the CAO. All complaints shall be prepared in writing and directed to the CFO/CAO as soon as possible after the event takes place or issue occurs. A complaint that is not in writing may still be investigated in the discretion of the CFO/CAO.
2. The CFO/CAO will conduct a preliminary investigation into the complaint to determine if the charges have merit and/or sufficiently allege one or more violations such that the complaint should be processed under this Policy.
3. Informal Resolution/Resolution by Mutual Consent
a. The CFO/CAO may determine the matter can be disposed of informally/administratively by mutual consent of the parties involved on a basis acceptable to the CFO/CAO. If charges are not admitted and/or cannot be disposed of, the case will proceed to the formal procedures as set forth below. If the respondent admits violating institutional rules, but sanctions are not agreed to, the case will proceed to the formal procedures as set forth below, which shall be limited to determining the appropriate sanction(s).
b. Any case disposed of by informal resolution/ resolution by mutual consent shall be final and there shall be no subsequent proceedings.
4. Formal Resolution for Violations
a. The CFO/CAO will conduct an administrative hearing as follows:
i. The respondent shall be provided with written notice of the alleged misconduct, and the date, time, and place of the hearing. The written notice shall indicate whether the College is seeking suspension or expulsion as one of the possible sanctions. The respondent shall also be given the opportunity to review any documents the CFO/CAO has in their possession pertaining to the charges (except respondent shall not have the right to review any document prohibited from disclosure or production by law, any document constituting work product or any attorney-client communication).
ii. The administrative hearing will be sched- uled no less than five (5) nor more than thirty (30) business days after the respondent has been notified. Maximum time limits for scheduling of an adminis-trative hearing may be extended at the discretion of the CFO/CAO.
iii. During the administrative hearing, the respondent will have an opportunity to respond to the charges and to present evidence or witnesses contesting the charges. The respondent has the right to have up to two advisors of respondent’s choice, at respondent’s own expense, including legal counsel, present at the administrative hearing. However, as the administrative hearing is not quasi-judicial, the advisors may not actively participate in the administrative hearing in lieu of or on behalf of the respondent but may advise the respondent.
iv. Hearings are closed to the public. Admission of any other person to the administrative hearing other than the respondent and the respondent’s advisors will be at the discretion of the CFO/CAO. Provided, however, witnesses designated by the respondent at least two (2) class days prior to the administrative hearing will be allowed to appear for that portion of the hearing when the witness is called.
v. There shall be a single verbatim record, such as a tape recording, of all administrative hearings. The record will be the property of the College.
vi. If a respondent, after receiving notice, does not appear for the hearing, the information in support of the charges will be considered if the respondent is not present.
vii. Within ten (10) business days of the completion of the administrative hearing, or longer for good cause, the CFO/CAO shall issue a written decision determining whether a violation occurred based on a preponderance of the evidence and any sanctions imposed. The written decision shall also inform the respondent of the right to appeal the decision according to this Policy, if applicable.
viii.Appeal to President
A. Only decisions which result in the sanctions of suspension or expulsion may be appealed. All other decisions are final and not subject to appeal.
B. If the decision from which an appeal may be taken was made by the CFO/CAO, the decision shall be appealed to the President. Any appeal must be made within five (5) business days of the decision. Such appeals will be in writing and will be delivered to the President’s office.
C. The written request for an appeal shall include the reason for the appeal and any additional relevant information and/or statements.
D. An appeal will be limited to a review of the verbatim record of the hearing, documents submitted during the hearing, and additional relevant documents/statements submitted by the parties during the appeal for one or more of the following purposes:
a. To determine whether the hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
b. To determine whether the decision was supported by substantial evidence.
c. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Conduct Code which the respondent was found to have committed.
d. To consider new information, sufficient to alter a decision, not brought out in the original hearing because such information and/or facts were not known at the time of the original hearing.
E. The President may affirm, reverse, or modify the decision of the CFO/CAO.
F. The President shall issue a written decision to the respondent within twenty (20) days of the date the appeal was submitted. The twenty (20) day deadline can be extended for good cause by the President. The written decision shall be the final decision.
A. The written decision(s), the written notes, tape recordings, and any other record of the disciplinary hearing proceedings will be maintained in the office of the CFO/CAO who conducted the administrative hearing.
B. The records will be available to the respondent during the appeal period, to be viewed in the CFO’s/CAO’s office.
C. Applicable law, and College rules and policies, which govern release of educa- tion records govern the dissemination of disciplinary records.
The following sanctions may be imposed upon any student found to have violated the Student Conduct Code, and more than one sanction may be imposed for a single violation:
1. Warning: Verbal or written.
2. Reprimand: Verbal or written.
3. Probation: Probation is for a designed period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
4. Loss of Privileges: Denial of specified privileges for a designated period of time.
5. Fines: Previously established and published fines may be imposed.
6. Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
7. Discretionary Sanctions: Work assignments, essays, service to the College, or other related discretionary assignments.
8. Suspension: Separation of the student from the College for a definite period of time, after which the Student is eligible to return. Conditions for readmission may be specified.
9. Expulsion: Permanent separation of the student from the College.
10.Revocation of Admission: Admission to the College may be revoked for fraud, misrepresentation, or acts of misconduct under the Student Conduct Code.
11.Withholding Degree: The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.
12.Removal of the Student from a course in progress.
VII. Student Groups, Organizations, and Clubs
Any student group, organization, or club may be subject to the same disciplinary proceedings for a charge of misconduct as a student respondent under Section VI of this Student Conduct Code. Sanctions for a student group, organization, or club can include warnings, reprimands, probation, loss of selected or all rights and privileges for a specified period of time or indefinitely, fines, restitution, discretionary sanctions, or deactivation.
VIII. Interim Suspension.
A. Significant Danger to Safety. The CAO may impose an interim suspension prior to the disposition of a Student Conduct proceeding as follows:
a. To ensure the safety and well-being of members of the College community or preservation of College property or facilities;
b. To ensure the student’s own physical or emotional safety and well-being;
c. If the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College; or
d. In other good cause identified in writing by the CAO.
2. The student will be notified in writing of this action and the reasons for the interim suspension. The notice will include the time, date, and place of a subsequent administrative hearing at which the student may show cause why his or her continued presence on the campus does not constitute a threat (and at which they may contest whether a campus rule was violated).
3. During the interim suspension, a student will be denied access to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the CAO may determine to be appropriate.
4. The interim suspension does not replace the regular Student Conduct Code disciplinary process, which will proceed on the normal schedule.
1. Instructors and/or a Dean have the authority to suspend a student from their class, up to one (1) class day for violation of student conduct standards. An incident report will be written by the instructor within three (3) working days. This report will be sent to the CAO’s office, with a copy to the Dean as applicable.
2. Upon recommendation of the CAO, a student may be suspended further for up to a total of three (3) days for a violation of student conduct standards.
A. In the event any portion of this policy conflicts with the laws of Iowa or of the United States, those laws shall be followed.
B. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context.