The Student Code for Midlands Technical College is adapted from the Student Code for the South Carolina Technical College System. Titles for institutional groups and officials have been adjusted to reflect the titles used at Midlands Technical College, and operating guidelines have been modified to reflect Midlands Technical College standards of practice.
GENERAL PROVISIONS
Principles
Technical college students are members of both the community at large and the academic community. As members of the academic community, students are subject to the obligations that accrue to them by virtue of this membership. As members of the larger community of which the college is a part, students are entitled to all rights and protection accorded them by the laws of that community.
By the same token, students are also subject to all laws, the enforcement of which is the responsibility of duly constituted authorities. When students violate civil law, they may incur penalties prescribed by legal authorities. In such an instance, college discipline will be initiated when the presence of the student on campus will disrupt the educational process of the college. When a student’s violation of the law also adversely affects the college’s pursuit of its recognized educational objectives, the college may enforce its own regulations. A student who violates college regulations is subject to disciplinary action by the college whether or not this conduct violates civil laws. If a student’s behavior simultaneously violates both college regulations and law, the college may take disciplinary action independent of that taken by legal authorities.
The Student Code and Grievance Procedure for the South Carolina Technical Colleges and Midlands Technical College sets forth the rights and responsibilities of individual students.
Solutions of Problems
The college will seek to solve problems by internal procedures of due process. When necessary, off-campus law enforcement and judicial authorities may be involved.
In situations where South Carolina Technical Colleges have shared programs, the Chief Student Services Officer where the alleged violation of the Student Code for the South Carolina Technical College System occurred will handle the charges. A change of venue to the other college may be granted, based on the nature of the offense, provided it is agreed to by the Chief Student Services Officers of both colleges. Any sanctions imposed will apply to each college where the student is enrolled.
In situations where a student is dually enrolled in two or more South Carolina technical colleges and is charged with a violation of the Student Code for the South Carolina Technical College System, the Chief Student Services Officer of the college where the alleged infraction occurred will handle the charges and the sanctions will apply only at this college.
Definitions
When used in this code, unless the content requires other meaning,
“College” means any college in the South Carolina Technical College System.
“President” means the Chief Executive Officer of the college.
“Student” means a person taking any course(s) offered by the college either full-time or part time.
“Instructor” or “Faculty” means any person employed by the college to conduct classes.
“Staff” means any person employed by the College for reasons other than conducting classes.
“SAB” means Student Advisory Board, the student governance body for the college.
“Campus” means any place where the college conducts or sponsors educational, public service or research activities.
“Violation of Law” means a violation of a law of the United States or any law or ordinance of a state or political subdivision that has jurisdiction over the place in which the violation occurs.
“Administrative Officer” means anyone designated at the college as being on the administrative staff, such as the President, Vice Presidents or Assistant Vice Presidents.
“Suspension” means a temporary separation of the college and student under specified conditions.
“Expulsion” means permanent separation of the college and student.
GENERAL RIGHTS OF STUDENTS
Nondiscrimination
There shall be no discrimination in any respect by the college against a student or applicant for admission as a student, based on race, sex, national origin or ethnic group, color, age, religion, disability or military service.
Freedom of Speech and Assembly
Students shall have the right to freedom of speech and assembly without prior restraints or censorship subject to clearly stated, reasonable and nondiscriminatory rules and regulations regarding time, place and manner.
Students desiring to conduct an assembly must submit a request to the Vice President for Student Development Services or designee, requesting a specific date, time, location and manner no later than 15 instructional weekdays prior to the date of the desired event. The request will be approved, amended or denied no later than 10 instructional weekdays prior to the desired event.
Freedom of the Press
In official student publications, students are entitled to the constitutional right of freedom of the press, including constitutional limitations on prior restraint and censorship. To ensure this protection, each college shall have an editorial board with membership representing SAB, faculty and administration. The college has the responsibility of defining the selection process for its editorial board. The primary responsibility of the board shall be to establish and safeguard editorial policies.
Protection Against Unreasonable Searches and Seizures
Students are entitled to the constitutional right to be secure in their persons, dwellings, papers and effects against unreasonable searches and seizures. College security officers or administrative officers may conduct searches and seizures only as authorized by law.
Student Representation in College Governance
Students should be represented on campus committees that have the following duties:
to propose policy that affects student activities and conduct.
to make policy decisions on such matters.
to implement policy.
Classroom Behavior
Discussion and expression of all views relevant to the subject matter are recognized as necessary to the educational process, but students have no right to interfere with the freedom of instructors to teach or the right of other students to learn.
The instructor sets the standards of behavior acceptable in the classroom by announcing these standards early in the term. If a student behaves disruptively in class after the instructor has explained the unacceptability of such conduct, the instructor may dismiss the student for the remainder of that class period.
The instructor shall initiate a discussion with the student to resolve the issue prior to the next class meeting. A further disruption by the student may result in a second dismissal and referral in writing by the faculty member to the Assistant Vice President for Student Development Services. These procedures for classroom behavior do not limit the action that may be taken for proscribed conduct under Section III herein, and instructors may dismiss students from class for the remainder of the class period for such conduct pending the resolution under due process. Students remain subject to other sanctions hereunder for such conduct.
Evaluation and Grading
Instructors will follow the announced college standards in evaluating and grading students.
Grades are awarded for student academic achievement. No grade will be reduced as a disciplinary action for student action or behavior unrelated to academic achievement. Conduct which is academically related is outlined in academic program handbooks and course syllabi. These expectations for student performance can affect performance assessments. An example would be timeliness and attendance in health science and nursing clinical settings.
Privacy
Information about individual student views, beliefs and political associations acquired by instructors, counselors or administrators in the course of their work is confidential. It can be disclosed to others only with prior written consent of the student involved or under legal compulsion.
Records
General
The Student Records Office will maintain and safeguard student records. All official student and former student records are private and confidential and shall be preserved by the college. Separate record files may be maintained for the following categories: (1) academic, (2) medical, psychiatric and counseling, (3) placement, (4) financial aid, (5) disciplinary, (6) financial and (7) veterans affairs.
Disciplinary Records
Records of disciplinary actions shall be maintained in the office of the Vice President for Student Development Services. No record of disciplinary action shall be entered or made on the student’s academic records.
Confidentiality of Records
Before information in any student file may be released to anyone, the student must give prior written consent except in those instances stated below:
To instructors and administrators for legitimate educational purposes.
To accrediting organizations to carry out their functions.
To appropriate parties to protect the health and safety of students or other individuals in emergencies, with the understanding that only information essential to the emergency situation will be released.
The Vice President for Student Development Services (VPSDS) or designee may authorize release of directory information as defined by the college under federal and state privacy legislation.
If the inquirer has a court order, the VPSDS or someone designated by that official will release information from the student’s file, in accordance with the court order.
Treatment of Records After Graduation or Withdrawal
When students withdraw or graduate from the College, their records shall continue to be subject to the provisions of this code.
STUDENT ADVISORY BOARD AND STUDENT ORGANIZATIONS
Student Advisory Board
The college Student Advisory Board’s constitution, as approved by the Midlands Technical College Commission, establishes the governance structure for students. Amendments to the constitution require approval, as stipulated in the Student Advisory Board constitution.
Student Organizations
An essential prerequisite for a student organization to be approved is that it has educational importance, it promotes student development and its objectives be clearly explained in a proposed charter. The formation of organizations strictly as social clubs is discouraged. Prior to consideration for approval as an organization, an organization constitution or bylaws must be prepared, a person must be identified who is willing to serve as advisor, and the names of charter members must be submitted.
PROSCRIBED CONDUCT
General
Certain conduct is proscribed. Upon violation of such proscriptions, a student shall be subject to one or more of the sanctions specified in Section IV, C, 2(c). It is expected, however, that the more severe sanctions of suspension and expulsion will be imposed sparingly and only for more extreme or aggravated violations or for repeated violations.
Abuse of the Privilege of Freedom of Speech and Assembly
No student, acting alone or with others, shall obstruct or disrupt any teaching, administrative, disciplinary, public service, research or other activity authorized or conducted on the campus of the college or at any other location where such activity is conducted or sponsored by the college. This disruption does not necessarily have to involve violence or force for the student to face disciplinary action. In addition to administrative action, any person who violates the law will be turned over to the appropriate authorities.
In the event of illegal or disruptive activity on a college campus, the Vice President for Student Development Services, the Assistant Vice President for Student Development Services or other administrative officer will request those involved either to leave the campus or to abide by regulations governing uses of, or presence on, the campus. This official will further announce that failure to disperse will result in enforcement of Section 16-17-420 of the South Carolina Code of Laws pertaining to illegal or disruptive activity on a college campus. According to South Carolina law, “It shall be unlawful for any person willfully or unnecessarily (a) to interfere with or disturb in any way or in any place the students or teachers of any school or college in this state, (b) to enter upon any such school or school premises, (c) to loiter around the premises, except on business, without the permission of the principal or president in charge, or (d) to act in an obnoxious manner thereon.” (Section 16-17-420 part 2 of the South Carolina Code of Laws).
Academic Misconduct
All forms of academic dishonesty, including but not limited to cheating on tests, plagiarism, collusion and falsification of information, will call for discipline. Alleged violations will be handled as outlined in Section IV.
Cheating on tests is defined to include the following:
Copying from another student’s test or answer sheet.
Using materials during a test not authorized by the person giving the test.
Collaborating with any other person during a test without permission.
Knowingly obtaining, using, buying, selling, transporting or soliciting in whole or in part the contents of any unadministered test.
Bribing any other person to obtain tests or information about tests.
Substituting for another student, or permitting another person to substitute for oneself.
Substituting one’s work for another or allowing another person’s work to be substituted for one’s own work.
Cooperating or aiding in any of the above.
“Plagiarism” is defined as the appropriation of any other person’s work and the unacknowledged incorporation of that work in one’s own work offered for credit.
“Collusion” means knowingly assisting another person in an act of academic dishonesty.
“Fabrication” is defined as falsifying or inventing information in such academic exercises as reports, laboratory results, and citations to the sources of information.
Falsification of Information and Other Unlawful Acts Committed With Intent to Deceive are Defined as:
Forgery, alteration or misuse of college documents, records or identification cards.
Destruction of evidence with the intent to deny its presentation to the appeals panel when properly notified to appear.
Misrepresenting or falsifying information on college documents.
Infringement of the Rights of Others is Defined to Include, But is not Limited to, the Following:
Physical or verbal abuse inflicted on another person.
Severe emotional distress inflicted upon another person.
Theft, destruction, damage or misuse of the private property of members of the college community or nonmembers of the college community occurring on campus or off campus during any college-approved activity.
Sexual harassment inflicted on another person. This includes sexual discrimination where the harassing conduct created a hostile environment. Therefore, unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when the conduct is sufficiently severe, persistent or pervasive to limit an individual’s ability to participate in or benefit from the education program, or to create a hostile or abusive educational environment.
Stalking, defined as engaging in a course of conduct that would place a reasonable person in fear of their safety, and that has, in fact, placed an individual in such fear.
Other Unlawful Acts that Call for Discipline Include, But are not Limited to, the Following:
Destruction, theft, damage or misuse of college property occurring on or off campus.
Unauthorized entry upon the property of the college after closing hours.
Unauthorized presence in any college facility after hours.
Unauthorized access to secured areas of the college.
Unauthorized possession or use of a key to any college facility or other property.
Possession or use on campus of any firearms or other dangerous weapon or incendiary device or explosive unless such possession or use had been authorized by the college.
Possession, use or distribution on campus of any narcotic, dangerous or unlawful drugs as defined by the laws of the United States or the State of South Carolina.
Possession, use or distribution on campus of any beverage containing alcohol.
Violation of institutional policies while on campus or off campus when participating in a college-sponsored activity.
Violation of South Carolina and/or federal laws while on campus or off campus when participating in a college-sponsored activity.
Engaging in any activity that disrupts the educational process of the college, interferes with the rights of others, or adversely interferes with other normal functions and services.
RULES OF STUDENT DISCIPLINARY PROCEDURES AND SANCTIONS
The sanctions that follow are designed to channel faculty, staff or student complaints against students. Due process of law is essential in dealing with infractions of college regulations and state and federal statutes. Consequently, any disciplinary sanction imposed on a student or organization will follow the provisions of this code.
Administrative Suspension
If any act of misconduct threatens the health or well-being of any member of the academic community or seriously disrupts the function and good order of the college, an administrative officer may direct the students involved to cease and desist such conduct and advise them that failing to cease and desist will result in immediate suspension. If the students fail to cease and desist, or if their continued presence constitutes a danger, the administrative officer may then suspend them from the college until a resolution of the matter can be made.
The administrative officer invoking such administrative suspension shall notify the Vice President for Student Development Services and the Assistant VP for Student Development Services (SDS) in writing the name(s) of the individual(s) involved and the nature of the infraction before 5 p.m. of the first class day following its imposition. If immediate identification of the student or students is not possible, such notice shall be given in writing to the student personally or by certified mail within 2 instructional weekdays after identification has been determined.
Academic Misconduct
A faculty member who has reason to believe that a student enrolled in his/her class has committed an act of academic misconduct will confer with the department chair and meet with the student to discuss the matter. The faculty member will advise the student of the alleged act of academic misconduct and the information on which it is based and provide the student with the opportunity to refute the allegation.
If the student refutes the allegation but the faculty feels the charges are founded, the faculty member will refer the incident to the Assistant VP for SDS, to follow the process for academic and student misconduct in Section IV.C. Midlands Technical College provides consistent due process practices for academic and behavioral student misconduct.
Student Academic and Behavioral Misconduct Complaints
A charge involving a student infraction must be filed in writing at the office of the Assistant VP for SDS within 5 instructional weekdays after the alleged infraction or after such infraction becomes known to an administrative officer of the college.
Within 5 instructional weekdays after the charges are filed, the Assistant VP for SDS, as the judiciary officer designee of the Vice President for Student Development Services and Vice President for Academic Affairs, shall complete a preliminary investigation of the charge(s) and immediately schedule a meeting with the student. After discussing the alleged infraction with the student and the party making the referral, the Assistant VP for SDS will present a summary of the case to the Vice President for Student Development Services and may act as follows:
Drop the charges.
Impose a sanction consistent with those shown in Section IV, C, 2(c), The Student Appeals Committee.
Refer the student to a college office or community agency for services.
The decision of the Assistant VP for SDS shall be presented to the student in writing within 5 instructional weekdays following the meeting with the student. In instances where the student cannot be reached to schedule an appointment with the Assistant VP for SDS, or where the student refuses to cooperate, the Assistant VP for SDS shall send a certified letter to student’s last known address providing the student with a list of the charges, the Assistant VP for SDS’s decision and instructions governing the appeal process.
A student who disagrees with the decision of the Assistant VP for SDS may request a hearing before the Student Appeals Committee. This request must be submitted to the Vice President for Student Development Services within 2 instructional weekdays after receipt of the Assistant VP for SDS’s decision, unless a request is made and approved for an extension of time. The Vice President for Student Development Services shall refer the matter to the committee, together with a report of the nature of the alleged misconduct, the name of the complainant, the name of the student against whom the charge has been filed and the relevant facts revealed by the preliminary investigation.
The Student Appeals Committee
The Student Appeals Committee (hereafter referred to as the committee) will consider the case of a student who declines to accept the findings of the Assistant VP for SDS. The hearing shall be held within fifteen (15) instructional weekdays after the student has officially appealed the decision of the Assistant VP for SDS.
Membership of the committee shall be composed of the following:
Three faculty members appointed by the Vice President for Academic Affairs.
Three student members appointed by the Student Advisory Board.
One member of the Student Development Services staff appointed by the Vice President for Student Development Services.
The Assistant VP for SDS, who serves as an ex-officio, nonvoting member of the committee.
The chair shall be appointed by the Vice President for Student Development Services from among the membership of the committee. Ex officio members shall not serve in the position of chair.
All committee members and the appointment of the chair shall be approved by the President of the College.
A recorder will be available to transcribe testimony, and a hearing officer may attend; however, neither will serve in a decision-making capacity as a committee member.
Functions of the committee are described as follows:
To hear an appeal from a student charged with an infraction that may result in disciplinary action.
To hand down a decision based only on evidence introduced at the hearing.
To provide the student defendant with a written statement of the committee’s decision including findings of fact and, if applicable, to impose one or more of the following sanctions. These sanctions serve as examples. Sanctions are not limited to those listed below.
The repeat or resubmission of a paper, project, assignment or examination (academic misconduct only)
Assignment of a zero or failing grade on the assignment (academic misconduct only)
Assignment of a failing grade or withdrawn from the course (academic misconduct only)
A written reprimand and/or warning
A reflective paper or related assignment
Participation in counseling, workshop, community service, or other pertinent activity
An obligation to make restitution or reimbursement
A suspension or termination of particular student privileges
Disciplinary probation
Suspension from the college
Expulsion from the college
Any combination of the above
Sanctions will be based on the seriousness of the infraction and first-time versus multiple infractions.
PROCEDURES FOR A HEARING BEFORE THE STUDENT APPEALS COMMITTEE
Procedural Duties of the Vice President for Student Development Services (VPSDS)
At least five (5) instructional weekdays prior to the date set for a hearing before the committee, the VPSDS shall send written notice to all involved and a certified letter to the student’s last known address providing the student with the following information:
A restatement of the charge or charges.
The time and place of the hearing.
A statement of the student’s basic procedural rights.
A list of witnesses.
The names of committee members.
On written request of the student, and if the VPSDS concurs with this change, the hearing may be held before the expiration of the advance notification period of 5 instructional weekdays, or the timeframe for the hearing may be extended.
Basic Procedural Rights of Students Include the Following:
The right to counsel. The role of the person acting as counsel is solely to advise the student. The counsel shall not address the committee. Payment of legal fees is the responsibility of the student.
The right to produce witnesses on one’s behalf.
The right to request, in writing, that the President disqualify any member of the committee for prejudice or bias. At the discretion of the President, reasons for disqualification may be required. A request for disqualification, if made, must be submitted at least 2 instructional weekdays prior to the hearing. If such disqualification occurs, the appropriate nominating body shall appoint a replacement to be approved by the President.
The right to present evidence. The committee may determine what evidence is admissible.
The right to know the identity of the person(s) bringing the charge(s).
The right to hear witnesses on behalf of the person bringing the charges.
The right to testify or to refuse to testify without such refusal being detrimental to the student.
The right to appeal the decision of the committee to the President, who will review the official record of the hearing. The appeal must be in writing, and it must be made within ten (10) instructional weekdays after receipt of the committee’s decision.
The Conduct of the Committee Hearing
Hearings before the committee shall be confidential and shall be closed to all persons except the following:
The student. The hearing may be conducted without the student present if the student ignores the notice of the hearing and is absent without cause.
Counsels of the accused, the grievant and the college.
A person, mutually agreed upon by the student and the committee, to serve in the capacity of recorder.
Witnesses who shall:
Give testimony singly and in the absence of other witnesses.
Leave the committee meeting room immediately upon completion of the testimony.
Committee members.
The hearing officer.
The committee shall have the authority to adopt supplementary rules of procedure consistent with this code.
The committee shall have the authority to render written advisory opinions concerning the meaning and application of this code.
The conduct of hearings before this committee is unaffected by charges of local, state or federal authorities against the student for acts that are the same, or similar to, charges of misconduct to be heard by the committee. Two separate jurisdictions are involved in such cases. Therefore, hearings may be held and decisions rendered independent of any resolution by the court system.
Upon completion of a hearing, the committee shall meet in executive session to determine concurrence or nonconcurrence with the original finding and to impose sanctions, if applicable.
Decisions of the committee shall be made by majority vote.
Within 2 instructional weekdays after the decision of the committee, the Vice President for Student Development Services shall send a certified letter to the student’s last known address providing the student with the committee’s written decision. The notification will include information on the next step of the appeal process.
Appeal to the President
Within 10 instructional weekdays of the receipt of the committee’s decision, the student may appeal the committee’s decision to the President of the college. The appeal should be in writing, outlining the basis for the appeal.
When the student appeals to the President, the President, whose decision is final, shall have the authority to:
Receive from the student an appeal of the committee’s decision.
Review the findings of the proceedings of the committee.
Hear from the student, the Vice President for Student Development Services, the AVPSDS, the members of the committee, and any other parties deemed appropriate by the President, before ruling on an appeal.
Approve, modify or overturn the decision of the committee.
Inform the student, in writing, of the final decision within 10 instructional weekdays of the receipt of the appeal.