THE STUDENT CODE FOR THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM
GENERAL
PROVISIONS
I.
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 laws, they may incur penalties prescribed by
legal authorities. In such
instance, college discipline will be initiated only when the presence of the
student on campus will disrupt the educational process of the college. However,
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. When students
violate college regulations, they are subject to disciplinary action by the
college whether or not their conduct violates the law.
If a student's behavior simultaneously violates both college regulations
and the law, the college may take disciplinary action independent of that taken
by legal authorities.
The
Student Code for South Carolina Technical Colleges sets forth the rights and
responsibilities of the individual student.
II.
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 across both colleges.
In
situations where a student is dually enrolled in 2 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 may apply at each college in which the student is enrolled.
III.
Definitions
When used in this document, unless the content requires other meaning,
A.
"College" means any college in the South Carolina Technical
College System.
B.
"President" means the chief executive officer of the college.
C.
"Administrative Officer" means anyone designated at the college
as being on the administrative staff such as President, Vice President, Dean of
Students or Student Services, Chief Academic Officer, Dean of Instruction, or
Business Manager.
D.
"Vice President for Student Services" is the Administrative
Officer at the College who has
overall management responsibility for student services,
or his/her designee.
E.
"Vice President for Instruction" is the Administrative Officer
at the College who has overall management responsibility for academic programs
and services, or his/her designee .
F.
"Student" means a person taking any
course(s) offered by the college.
G
"Instructor" means any person employed by the college to conduct
classes.
H.
"Staff" means any person employed by the college for reasons
other than conducting classes.
I.
"SGA" means Student Government Association of the college.
J.
"Campus" means any place where the college conducts or sponsors
educational, public Service, or research activities.
K.
"Violation of Law" means a violation of a law of the United
States or any law or ordinance of a state or political subdivision which has
jurisdiction over the place in which the violation occurs.
L.
"Suspension" means a temporary separation of the college and
student under specified conditions.
M.
"Expulsion" means permanent separation of the college and student.
STUDENT
CODE
I.
General Rights of Students
A.
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, color, age, religion, national origin, sex or disability.
B.
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 President, or other
designated college official, requesting a specific date, time, location,
and manner no later than 15 working days prior to the date of the desired
event. The request will be approved, amended, or denied no more than
10 working days prior to the desired event.
C.
Freedom of the Press-- In official student publications, they are
entitled to the constitutional right of freedom of the press, including
constitutional limitations on prior restraint and censorship.
To ensure this protection, the college shall have an editorial board with
membership representing SGA, faculty, and administration.
Each 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.
D.
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.
E. Student Representation in College Governance-- Students should be represented on campus committees that have the following duties:
1.
To propose policy that affects student activities and conduct.
2.
To make policy decisions on such matters.
3.
To implement policy.
F.
Classroom Behavior-- Discussion and expression of all views relevant to
the subject matter is recognized as necessary to the educational process, but
students have no right to interfere with the freedom of instructors to teach or
the rights 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 Vice President for Student 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. Students
remain subject to other sanctions hereunder for such
conduct.
G.
G.
Evaluation and Grading-- Instructors will follow the announced
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.
H.
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.
I.
Records
1.
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.
2.
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:
a.
To instructors and administrators for legitimate educational purposes.
b.
To accrediting organizations to carry out their functions.
c. 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.
d. The Vice President for Student Services may release directory
information as authorized
by the college through federal and state privacy legislation.
e.
If the inquirer has a court order, the Vice President for Student
Services or someone designated by that official will release information from
the student's file.
3.
Disciplinary Records
Records
of disciplinary action shall be maintained in the office of the Vice President
for Student Services. No record of
disciplinary action shall be entered or made on the student's academic
records.
4. Treatment of Records after Student Graduation or Withdrawal
When students withdraw or graduate from a technical college, their records shall continue to be subject to the provisions of this code.
II. Student
Government and Student Organizations
A. Student Government Associations
The
college Student Government Association's constitution, as approved by the area
commission, establishes the governance structure for students at a college.
Amendments to the constitution require approval as stipulated in each
Student Government Association constitution.
B.
Student Organizations
An
essential prerequisite for a student organization to be approved is that it has
educational importance and that its objectives be clearly explained in a
proposed charter.
The
formation of organizations strictly as social clubs should be discouraged.
Prior to consideration for approval as an organization, an organization
constitution or bylaws must be prepared, and a person must be identified who is
willing to serve as advisor, and the names of charter members must be submitted.
III.
Proscribed Conduct
A.
General
Certain
conduct is proscribed and upon violation of such proscriptions, a student shall
be subject to one or more of the sanctions specified in Section IV.D.2.c.
However, it is expected 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.
B.
Abuse of Privilege of Freedom of Speech or 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 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 actions. 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 Services or other administrative officer will request
those involved either to leave the campus or abide by regulations governing uses
of, or presence on, the campus. The
Vice President for Student Services or other 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 South Carolina Code of Laws).
C.
Academic Misconduct
All
forms of academic misconduct including, but not limited to, cheating on tests,
plagiarism, collusion, and falsification of information will call for
discipline. Alleged violations will
be handled according to the procedures presented in Section IV.B.
1. Cheating on tests is defined to include the following:
a.
Copying from another student's test or answer sheet.
b.
Using materials or equipment during a test not authorized by the person
giving the test.
c.
Collaborating with any other person during a test without permission.
d.
Knowingly obtaining, using, buying, selling, transporting, or soliciting
in whole or in part the contents of a test prior to its administration.
e.
Bribing or coercing any other person to obtain tests or information about
tests.
f.
Substituting for another student, or permitting any other person to
substitute for oneself.
g.
Cooperating or aiding in any of the above.
2.
"Plagiarism" is defined as the appropriation of any
other person's work and the unacknowledged incorporation of that work in one's
own work.
3.
"Collusion" means knowingly assisting another person in an act
of academic dishonesty.
4.
Fabrication is defined as falsifying or inventing information in such
academic exercises as reports,
laboratory results, and citations to the sources of information.
D.
Falsification of information, and other unlawful acts, with intent to
deceive is defined as:
1. Forgery, alteration, or misuse of college documents, records, or
identification cards.
2. Destruction of evidence with the intent to deny its presentation to
the appropriate hearing or appeals panel when properly notified to appear.
E.
Infringement of rights of
others is defined to include, but not limited to, the following:
1. Physical or verbal abuse inflicted on another person.
2. Severe emotional distress inflicted upon another person.
3. Theft, destruction, damage, or misuse of the private property of
members of the college community or non-members of the college community
occurring on campus or off campus during any college approved activity.
4. Sexual harassment inflicted on another person.
This is defined as 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.
5. Stalking, defined as engaging in a course of conduct that would place
a reasonable person in fear for their safety, and that has, in fact, placed an
individual in such fear.
F.
Other unlawful acts which call for discipline include, but are not
limited to:
1.
Destruction, theft, damages, or misuse of college property occurring on
or off campus.
2.
Unauthorized entry upon the property of the college after closing hours.
3.
Unauthorized presence in any college facility after hours.
4.
Unauthorized possession or use of a key to any college facility or other
property.
5.
Possession or use on campus of any firearm or other dangerous weapon or
incendiary device or explosive unless such possession or use has been authorized
by the college.
6.
Possession, use or distribution on campus of any narcotics, dangerous, or
unlawful drugs as defined by the laws of the United States or the State of South
Carolina.
7.
Possession, use, or distribution on campus of any beverage containing
alcohol.
8.
Violation of institutional policies while on campus or off campus when
participating in a college sponsored activity.
9.
Violation of South Carolina and/or federal laws while on campus or off
campus when participating in a college sponsored activity.
10.
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.
IV. Rules of
Student Disciplinary Procedure 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.
A.
Administrative Suspension
1.
If an 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 student involved to cease
and desist such conduct and advise the student that failing to cease and desist
may result in immediate administrative suspension.
If the student fails to cease and desist, or if
the student's continued
presence constitutes a danger, the Vice President for Student Services, may
temporarily suspend the student from the college pending the outcome of a
disciplinary hearing on the charge(s).
2.
The Vice President for Student Services will inform the student, in
writing, about the decision. This
written notice will be hand-delivered to the student or sent by certified mail
within two working days of receiving the information from the President or
his/her designee.
B.
Academic Misconduct
1.
An instructor who has reason to believe that a student enrolled in
his/her class has committed an act of academic misconduct
must meet with the student to discuss this matter.
The instructor must advise the student of the alleged act of academic
misconduct and the information upon which it is based.
The student must be given an opportunity to refute the allegation.
2.
If the instructor, after
meeting with the student, determines that the student has engaged in academic
misconduct as alleged, the instructor will inform the student about the decision
and the academic sanction that will be imposed.
The instructor may impose one of the following academic sanctions:
a.
Assign a lower grade or score to the paper, project, assignment or
examination involved in the act of misconduct.
b.
Require the student to repeat or resubmit the paper, project, assignment,
or examination involved in the act of misconduct.
c.
Assign a failing grade for the course.
d.
Require the student to withdraw from the course.
3.
If the student is found
responsible for the academic misconduct, within five working days of the meeting, the instructor will
submit a written report about the incident and the sanction imposed to the Vice
President for Student Services and Vice President for Instruction.
4.
Vice President for Student
Services, will send a letter to the student summarizing the incident, the
finding, the terms of the imposed sanction, and informing the student that
he/she may appeal the decision and/or the sanction by submitting a written
request to the Vice President for Student Services within seven working days of
the date of the Vice President for Student Services letter
5.
If the student requests an
appeal, the Vice President for Student Services, will schedule a time for the
meeting. Vice President for Student
Services will send a certified letter to the student.
In addition to informing the student that the Vice President for Student
Services, will hear the appeal, this letter must also contain the following
information:
a.
A restatement of the
charges
b.
The time, place, and
location of the meeting
c.
A list of witnesses that
may be called
d.
A list of the student's
procedural rights. These procedural
rights are presented in of the Student Code and Grievance Policy, Section V. A.
1. e.
6.
On the basis of the information presented at the appeal, the
Vice President for Student Services, will render one of the following
decisions:
a.
Accept the decision and
the sanction imposed by the instructor
b.
Accept the instructor's
decision but impose a less severe sanction
c.
Overturn the instructor's
decision
7.
Vice President for Student
Services will send the student a letter within two working days of the meeting.
This letter will inform the student of the decision and inform the
student that the decision can be appealed to the President of the College by
sending a letter detailing the reasons for the appeal to the President`s Office
within five working days.
8.
After receiving the
student's request, the President will review all written materials relating to
this incident and render one of the following decisions.
The President's decision is final and cannot be appealed further.
a.
Accept the decision and
the sanction imposed
b.
Accept the decision but
impose a less severe sanction
c.
Overturn the decision
d.
Remand the case to the
Student Appeals Committee to re-hear
the case according to the procedures listed in section
IV. D and section V.
C.
STUDENT MISCONDUCT
1.
A charge involving a student infraction must be filed in writing at the
office of the Vice President for Student Services within 5 working days after
the alleged infraction or after such infraction becomes known to an
administrative officer of the college.
2.
Within 5 working days after the charge is filed, the Vice President for
Student Services, or designee, shall complete a preliminary investigation of
the charge and schedule immediately a meeting with the student.
After discussing the alleged infraction with the student, the Vice
President for Student Services, or designee,
may act as follows:
a.
Drop the charges.
b.
Impose a sanction consistent with those shown in Section IV.D.2.c,
Student Appeals Committee.
c.
Refer the student to a college office or community agency for
services.
3.
The decision of the Vice President for Student Services, or designee,
shall be presented to the student in writing within 5 working days following the
meeting with the student. In instances where the student cannot be reached to
schedule an appointment, or where the student refuses to cooperate, the Vice
President for Student Services, or designee, shall send a certified letter to
the student's last known address, providing the student with a list of the
charges, the Vice President for Student Services's, or designee’s decision,
and instructions governing the appeal process.
4.
A student who disagrees with the decision
may request a hearing before the Student Appeals Committee.
This request must be submitted within 2 working days after receipt of the
decision unless a request is made and approved for an extension of time.
The Vice President for Student 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.
D.
The Student Appeals Committee
Each
college shall have a Student Appeals Committee (hereafter referred to as the
Committee) to consider the case of a student who declines to accept the findings
of the Vice President for Student Services. The hearing shall be held within 15 working days after the
student has officially appealed the decision of the Vice President for Student
Services.
1. Membership of the Committee shall be composed of the following:
a. Three faculty members appointed by the chief instructional officer
and approved by the President.
b. Three student members appointed by the appropriate student governing
body and approved by the President.
c. One member of the Student Services staff appointed by the Vice
President for Student Services and approved by the President.
d. The Vice President for Student Services serves as an ex officio
nonvoting member of the Committee.
e. The chair shall be appointed by the President from among the
membership of the Committee. Ex
officio members of the committee may not serve as the chair of the committee.
2. Functions of the Committee are described as follows:
a. To hear an appeal from a student charged with an infraction that may
result in disciplinary action.
b. To hand down a decision based only on evidence introduced at the
hearing.
c. To provide the student defendant with a statement of the committee's decision including findings of fact and if applicable, to impose one or more of the following sanction
1.
Academic Misconduct
a)
Assign a lower grade or
score to the paper, project, assignment or examination involved in the act of
misconduct.
b)
Require the student to repeat or resubmit the paper, project, assignment,
or examination involved in the act of misconduct.
c)
Assign a failing grade for the course.
d)
Require the student to withdraw from the course.
2.
Student Misconduct
a)
A written reprimand.
b)
An obligation to make restitution or reimbursement.
c)
A suspension or termination of particular student privileges.
d)
Disciplinary probation.
e)
Suspension from the college.
f)
Expulsion from the college.
g)
Any combination of the above.
V.
Procedures for Hearings before the Student Appeals Committee
A. Procedural Duties of the Vice President for Student Services
1.
At least 7 working days prior to the date set for hearing before the
Committee, the Vice President for Student Services 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.
A restatement of the charge
or charges.
b.
The time and place of the hearing.
c.
A list of all witnesses who
might be called to testify.
d.
The names of Committee members
e.
A statement of the student's basic procedural rights.
These rights follow:
1.
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.
2.
The right to produce witnesses on one's behalf.
3.
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 working days prior to
the hearing. If such
disqualification occurs, the appropriate nominating body shall appoint a
replacement to be approved by the president.
4.
The right to present evidence. The Committee may determine as to what evidence is
admissible.
5.
The right to know the identity of the person(s) bringing the charge(s).
6.
The right to hear witnesses on behalf of the person bringing the charges.
7. The right to testify or to refuse to testify without such refusal being detrimental to the student.
8.
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 7 working days after receipt of the decision.
2.
On written request of the student, the hearing may be held prior to the
expiration of the 7-day advance notification period, if the Vice President for
Student Services concurs with this change.
B.
The Conduct of the Committee Hearings
1. Hearings before the Committee shall be confidential and shall be
closed to all persons except the following:
a. The student and the person who initiated the charges; however the
hearing may be conducted without either party present if either party ignores
the notice of the hearing and is absent without cause.
b.
Counsels for the student and the college.
c.
A person, mutually agreed upon by the student and the Committee, to serve
in the capacity of recorder.
d.
Witnesses who shall:
1.
Give testimony singularly and in the absence of other witnesses.
2.
Leave the committee meeting room immediately upon completion of the
testimony.
2. The Committee shall have
the authority to adopt supplementary rules of procedure
consistent with this code
3.
The Committee shall have the authority to render written advisory
opinions concerning the meaning and application of this code.
4.
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.
5.
In addition to written notes, the hearing may
be tape recorded, except for the Committee's
deliberations. After the
conclusion of the hearing, the tape will be kept in the office of the Vice
President for Student Services. The
student may listen to the tape of his/her hearing under the supervision of the
Vice President for Student Services or designee.
The student is not entitled to a copy of the tape or a written transcript
of the hearing.
6.
Upon completion of a hearing, the Committee shall meet in executive
session to determine concurrence or non-concurrence with the original finding
and to impose sanctions, if applicable.
7.
Decisions of the Committee shall be made by majority vote.
8.
Within 2 working days after the decision of the Committee, the
Chairperson shall send a certified letter to the student's last known address
providing the student with the committee's decision and a summary of the
rationale for the decision.
C.
Appeal to the President
When
the student appeals to the President, the President, whose decision is final,
shall have the authority to:
1. Receive from the student an appeal of the Committee's decision.
2. Review the findings of the proceedings of the Committee.
3. Hear from the student, the Vice President for Student Services, and
the members of the Committee before ruling on an appeal.
4. Approve, modify, or overturn the decision of the Committee.
5. Inform the student in writing of the final decision within 10 working days of the receipt of the appeal.