Procedure 2625

Student Conduct Code

The college offers each of its students the freedom to learn and to enjoy the benefits and rewards of college life. In return, the college expects each student to assume the responsibilities that accompany these freedoms. In accordance with laws enacted by the Arizona State Legislature, the Northland Pioneer College District Governing Board has adopted the following code of student conduct and discipline.


Article I: Definitions

The following are definitions of terms or phrases contained within this document. The following definitions apply to this procedure only.

  1. College Community – any person who falls into the following groups: student, faculty member, college official or any other person employed by the college. The Vice President for Learning and Student Services shall determine a person's status in a particular situation.
  2. College Official – any person employed by the college, performing assigned administrative or professional responsibilities pursuant to this code.
  3. College Premises – includes all land, building, facilities and other property in the possession of or owned, used or controlled by the college.
  4. Days - Working days exclusive of official holidays as identified in the college catalog; all time lines may be extended by mutual agreement of involved parties.
  5. Faculty Member – any person hired by the college to conduct instruction and designated by the President for oversight and administration of all academic violations of the Student Conduct Code.
  6. Student – all persons taking courses at the college either full time or part time. Persons who are not officially enrolled within a four-semester time period but who have a continuing relationship, based on attendance with the college, within a two-year period of time, are considered "students."
  7. Vice President for Learning and Student Services – College administrator designated by the President for oversight and administration of all non-academic violations of the Student Conduct Code.
  8. Academic Misconduct – all acts of misconduct associated with academic work in a classroom, laboratory, online or clinical learning setting. Academic misconduct includes, but is not limited to, cheating and plagiarism, and violations of ethical standards set by individual programs and courses.
    1. Cheating – includes, but is not limited to, the following:
      1. Use of any unauthorized assistance in taking quizzes, test, assessments or examination;
      2. Dependence upon the aid of sources beyond those authorized by the faculty member in writing papers, preparing reports, solving problems, or carrying out other assignments or clinical responsibilities;
      3. The acquisition, without permission, of tests or other academic material belonging to a member of the college faculty or staff.
    2. Plagiarism – includes, but is not limited to, the following:
      1. Use of paraphrase or direct quotation of the published or unpublished work of another person without their full and clear acknowledgement;
      2. Unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers and/or other academic materials;
      3. Use of information gathered from the Internet that is not properly acknowledged or identified as such.

Article II: Administration of Student Conduct Code
  1. For a case that involves non-academic misconduct, the Vice President for Learning and Student Services shall determine the composition of the student conduct hearing panel and determine who shall be authorized to hear each case.
    1. For a case that involves academic misconduct, the Chair of Instructional Council or his or her designee shall determine the composition of the student conduct hearing panel consisting of three members of the faculty who are authorized to hear the case.
  2. The Vice President for Learning and Student Services shall develop procedures for the administration of the Student Conduct Code and rules for the conduct of hearing that are consistent with provisions of the Student Code.
  3. Decisions made by the Vice President for Learning and Student Services shall be final, pending the use of the student grievance procedure.

Article III: Prescribed Conduct Code
  1. Jurisdiction of the College
    Generally college jurisdiction and discipline shall be limited to conduct which occurs on college campus or center premises and/or supervised activities, or which adversely affects the college community and/or pursuit of its objectives.
  2. Conduct – Rules and Regulations
    Any student found to have committed the following misconduct is subject to the disciplinary sanctions outlined in Article IV.
    1. Academic misconduct, as defined in Article I, Item H of the Student Conduct Code.
    2. Attempted or actual theft of and/or damage to property of the college or property of a member of the college community or other personal or public property.
    3. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or conduct which threatens or endangers the health or safety of any person.
    4. Conduct which is disorderly, lewd or indecent; breach of the peace; or aiding, abetting or procuring another person to breach the peace on college premises or at activities sponsored by or participated in by the college.
    5. Illegal manufacture, use, possession, or distribution of narcotic or other controlled substances except as expressly permitted by law.
    6. Use, possession, or distribution of alcoholic beverages or public intoxication.
    7. Unauthorized possession, duplication or use of keys to any college premises or unauthorized entry to or use of college premises.
    8. Illegal or unauthorized possession of firearms, explosives, other weapons or dangerous chemicals on college premises.
    9. Failure to comply with direction of college officials or law enforcement officers in the performance of their duties and/or failure to identify one's self to these persons when requested to do so.
    10. Gambling on college premises.
    11. Violation of published Governing Board policies, college rules or regulations.
    12. Violation of federal, state or local law on college premises or at college sponsored or supervised activities.
    13. Theft or other abuse of computer time, including but not limited to:
      1. unauthorized entry into a file, to use, read or change the contents or for any other purpose;
      2. unauthorized transfer of a file;
      3. unauthorized use of another's identification and password;
      4. use of computing facilities to interfere with the work of another student, faculty member or college official;
      5. use of computing facilities to send obscene or abusive messages;
      6. use of computing facilities to interfere with normal operation of the college computing system;
      7. violation of any and all posted policies and procedures regarding use of college computers.
    14. Failure to comply with the sanctions imposed under the student code.
  3. Violation of Law and College Discipline
    1. When a student is charged only with an off campus or center violation of federal, state or local laws but not with any other violation of this student code, disciplinary action may be taken and sanctions imposed for misconduct that demonstrates that the student poses a risk to the college community. In such cases, no sanction may be imposed unless the student has been found guilty in a court of law or has declined to contest such charges, although not actually admitting guilt, e.g. "no contest" or "nolo contendere."
    2. College disciplinary proceeding may be instituted against a student charged with violation of a law that is also a violation of the student code, for example, if both violations result from the same factual situation, without regard to the tendency to civil litigation in court or criminal arrest and prosecution. Proceedings under this student code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.
    3. When a student is charged by federal, state or local authorities with a violation of law, the college will not request or agree to special considerations for the individual because of their status as a student. If the alleged offense is also a subject of a proceeding before a hearing committee under the student code, however, the college may advise off campus authorities of the existence of the student code and of how such matters will be handled internally within the college community. The college will cooperate fully with the law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the probation or parole of student violators. Individual students and institutional employees, acting within their personal capacities, remain free to interact with governmental representatives, as they deem appropriate.

Article IV: Procedures for Non-Academic Misconduct
  1. Procedure for Adjudication of Student Non-Academic Misconduct
    Any member of the college community may file charges against any student for their conduct under the student code. Charges involving non-academic misconduct shall be prepared in writing and directed to the Vice President for Learning and Student Services for administration of the Student Conduct Code. The Vice President for Learning and Student Services will adjudicate all non-academic misconduct. The vice president shall hereafter be referred to as "the appropriate administrator."
    1. Any charges should be submitted within thirty days of the incident. The appropriate administrator will rule on the timeliness of the charges.
    2. The appropriate administrator may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the appropriate administrator. Such administrative judgments shall be final and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the appropriate administrator may later serve in the same matter as the hearing panel or a member thereof.
    3. All charges shall be presented to the accused student in written form. A time shall be set for a hearing, not less than five or more than fifteen working days after the student has been notified. Maximum time limits for scheduling of hearing may be extended at the discretion of the appropriate administrator. The appropriate administrator may appoint a hearing panel consisting of one administrator, one faculty member, and one classified staff member. Should the hearing panel determine that charges have merit, the panel will recommend to the appropriate administrator the nature of the sanction to be imposed on the student.
  2. Interim Suspension
    In certain circumstances, the Vice President for Learning and Student Services may impose an interim suspension prior to a hearing or rendering of administrative judgment.
    1. Interim suspension may be imposed only for the following:
      1. To insure the safety and well-being of members of the college community or preservation of college property.
      2. To insure the student's own physical or emotional safety and well-being.
      3. If the student poses a definite threat of disruption of or interference with the normal operations of the college.
    2. During the interim suspension, the student shall be denied access to the college including classes and/or all activities or privileges for which the student might otherwise be eligible, as the Vice President for Learning and Student Services may determine to be appropriate.
  3. Sanctions
    1. The following sanctions may be imposed upon any student found to have violated the student code:
      1. Warning - a notice in writing from the Vice President for Learning and Student Services by certified mail to the student that the student is violating or has violated institutional regulations.
      2. Probation - a written reprimand for a violation of specified regulations that prohibit the student from representing the college or participating in student activities. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulations during the probationary period.
      3. Loss of privileges - denial of specified privileges for a designated period of time.
      4. Restitution - compensation for loss, damage or injury.
      5. Discretionary sanctions - work assignments, service to the college or other related discretionary assignments.
      6. College 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.
      7. College expulsion - separation of the student from the college. The Vice President for Learning and Student Services may review this sanction at a later time, but not less than two calendar years after the date the expulsion occurred.
    2. More than one of the above sanctions may be imposed for any violation.
    3. All sanction(s) shall be determined and imposed by the Vice President for Learning and Student Services based upon administrative judgment or the findings and conclusions of the hearing panel. The Vice President for Learning and Student Services will consider the recommendations for sanction(s) of the hearing panel but will not be bound by its recommendations. The Vice President for Learning and Student Services will forward the sanction(s) determined to be appropriate along with the findings and conclusions to the accused student within two working days after receipt of the findings.
    4. No student may be found to have violated the student code solely because the student failed to appear before the Vice President for Learning and Student Services or hearing panel. In all cases, the evidence and support of the charges shall be presented and considered.

Article V: Hearings for Non-Academic Misconduct
  1. Hearing shall be conducted by the appropriate administrator according to the following guidelines:
    1. Hearings shall be conducted in private unless the student requests a public hearing.
    2. Admission of any person to the closed hearing shall be at the discretion of the appropriate administrator.
    3. In hearings involving more than one accused student, the appropriate administrator, in their discretion, may permit the hearing concerning each student to be conducted separately.
    4. The complainant and the accused shall have the right to be assisted by any adviser they choose, at their own expense. The adviser may be an attorney. Both the complainant and the accused are responsible for presenting their own case and, therefore, advisers are not permitted to speak or participate directly in any hearing before a hearing panel.
    5. The complainant, the accused, and the hearing panel shall have the privilege of presenting witnesses, subject to the right of cross-examination.
    6. Pertinent records, exhibits and written statements may be accepted as evidence for consideration at the discretion of the appropriate administrator.
    7. All procedural questions are subject to the final decision of the appropriate administrator.
    8. After the hearing, the hearing panel (if consisting of multiple members) shall determine by majority vote whether the student violated the designated sections of the student code. The hearing panel shall render written findings of fact and conclusions and forward with recommended sanctions to the appropriate administrator within three working days of the conclusion of the hearing.
    9. The hearing panel’s determination shall be made on the basis of whether the evidence indicates that it is more likely than not that the accused student violated the student code.
    10. The hearing guidelines outlined in Article V only apply to Article V of the Student Conduct Code.
  2. Administration of Conduct Records
    Other than college expulsion, disciplinary sanctions shall not be made part of the student's academic record, but shall become part of the student's confidential record. Upon graduation, the student's confidential record may be expunged of disciplinary actions upon the student's application to the Vice President for Learning and Student Services, depending on the nature of the disciplinary action. Cases involving the imposition of sanctions other than suspension or expulsion shall be expunged, at the student's request, from the student's confidential record five years after final disposition of the case.
  3. Appeals
    Appeals will be made in writing to the President’s Office. The President or designee shall investigate the student’s appeal and render a verdict, which shall be final. An appeal must be initiated within ten (10) days from the date of mailing of written sanction notification to the student's last known address on file at the NPC Registrar's Office. It is the responsibility of the student to keep his/her address current with the Registrar's Office.

Article VI: Procedures for Academic Misconduct

Any member of the college community, including the instructor of record for a course, may file charges for academic misconduct against any student. Charges involving academic misconduct shall be prepared in writing and directed to the instructor of record for the course in which the alleged academic misconduct occurred.

  1. Any charges should be submitted within thirty days of the incident. A copy of the charges must be submitted to the Vice President for Learning and Student Services with a brief description of the nature of that misconduct. The instructor of record will rule on the timeliness of the charges.
  2. The instructor of record will determine if the charges have merit and will document how such a determination was reached.
  3. The instructor shall inform the student of the alleged misconduct, in writing. The student will have five calendar days to respond to the charge.
  4. An instructor of record may impose any of the following sanctions upon any student which he or she finds to have committed academic misconduct:
    1. A verbal warning to the student.
    2. A lowered score on the graded work that involves academic misconduct.
    3. A score of zero on any test or graded assignment involving academic misconduct – with or without the opportunity to resubmit the assignment for a grade.
    4. Referral to the plagiarism “boot camp” or other related discretionary assignments related to the offense.
    5. Referral to a Hearing Panel for Academic Misconduct pursuant to Article II, Section A.1.
    6. More than one of the above sanctions may be imposed for any violation.

If the Instructor of Record believes that a more severe sanction is warranted by the facts of the case or because of a pattern of previous misconduct, then the case must be referred to a Hearing Panel.

A student who objects to the sanction imposed by the instructor is entitled to a hearing before the faculty panel pursuant to Article II, Section A.1. The request for a hearing must be made within five calendar days after the student is notified by the instructor of record of the sanction to be imposed.


Article VII: Hearings for Academic Misconduct

All charges shall be presented to the accused student and the Chair of Instructional Council or his or her designee in written form. A time shall be set for a hearing, not less than five or more than fifteen working days after the request for a hearing. Maximum time limits for scheduling of hearing may be extended at the discretion of the Chair of the Hearing Panel. Should the Hearing Panel determine that charges have merit, the Panel will recommend to the Vice President for Learning and Student Services the nature of the sanction to be imposed on the student. The Hearing Panel may recommend any sanction or sanctions in Article VI, Section D, or any sanction or sanctions in Article IV, Section C.

All sanction(s) shall be determined and imposed by the Vice President for Learning and Student Services based upon the findings and conclusions of the hearing panel. The Vice President for Learning and Student Services will consider the recommendations for sanction(s) of the hearing panel but will not be bound by its recommendations. The Vice President for Learning and Student Services will forward the sanction(s) determined to be appropriate along with the findings and conclusions to the accused student within two working days after receipt of the findings.

Appeals
Appeals will be made in writing to the President’s Office. The President or designee shall investigate the student’s appeal and render a verdict, which shall be final. An appeal must be initiated within ten (10) days from the date of mailing of written sanction notification to the student's last known address on file at the NPC Registrar's Office. It is the responsibility of the student to keep his/her address current with the Registrar's Office.

[Based on Policy #1440; Rev 07/22/16]