GENERAL REGULATIONS ON STUDENT CONDUCT AND DISCIPLINARY SANCTIONS
INSTITUTION POLICY STATEMENT
- Students enrolled in post-secondary educational institutions are citizens of their civic communities as well as the academic community. As such they are expected to conduct themselves as law-abiding members of each community at all times. Admission to an institution of post-secondary education carries with it special privileges and imposes special responsibilities apart from those rights and duties enjoyed by non-students. In recognition of the special relationship that exists between Motlow College and the academic community which it seeks to serve, the Tennessee Board of Regents (“TBR” or “The Board”) has authorized the President of the College to take such action as may be necessary to maintain campus conditions and preserve the integrity of the institution and its educational environment.
- Pursuant to this authorization and in fulfillment of its duties to provide a secure and stimulating atmosphere in which individual and academic pursuits may flourish, the College has developed the following policies, which are intended to govern student conduct on the several campuses under its jurisdiction. In addition, students are subject to all federal, state, and local laws and ordinances. If a student’s violation of such laws or ordinances also adversely affects the institution’s pursuit of its educational objectives, the institutions may enforce their own regulations regardless of the status or outcome of any external proceedings instituted by civil or criminal authorities.
- For the purpose of these regulations, a “student” shall mean any person who is admitted and/or registered for study at Motlow College for any academic period. This shall include any period of time following admission and/or registration, but preceding the start of classes for any academic period. It will also include any period which follows the end of an academic period through the last day for registration for the succeeding academic period, and during any period while the student is under suspension from the institution. Finally, “student” shall also include any person subject to a period of suspension or removal from campus as a sanction which results from a finding of a violation of the regulations governing student conduct. Students are responsible for compliance with the Rules of Student Conduct and with similar institutional policies at all times.
- Disciplinary action may be taken against a student for violation of the regulations which occur on institutionally owned, leased or otherwise controlled property, while participating in international or distance learning programs, and off campus, when the conduct impairs, interferes with, or obstructs any institutional activity of the mission, processes, and functions of the institution. The College may enforce its own or TBR regulations regardless of the status or outcome of any external proceedings instituted in any other forum, including any civil or criminal proceeding.
- These policies, and related material incorporated herein by reference, are applicable to student organizations as well as individual students. Student organizations are subject to discipline for the conduct and actions of individual members of the organization while acting in their capacity as a member of, or while attending or participating in any activity of, the organization.
- Confidentiality of Discipline Process. Subject to the exceptions provided pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g and/or the Tennessee Open Records Act, T.C.A.§10-7-504(a)(4), a student’s disciplinary files are considered “educational records” and are confidential within the meaning of those Acts.
This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.01, Institution Policy Statement. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11. Effective: 1/29/12.
- Institutional disciplinary measures shall be imposed, through appropriate due process procedures, for conduct which adversely affects the institution’s pursuit of its educational objectives, which violates or shows a disregard for the rights of other members of the academic community, or which endangers property or persons on property owned or controlled by the College.
- Motlow College adopts the following non-exclusive list of offenses for which both individuals and student organizations may be subject to disciplinary action.
- Conduct dangerous to Self or Others. Any conduct, or attempted conduct, which constitutes a danger to any person’s health, safety, or personal well-being, including, but not limited to, the following:
- Physical and/ or verbal abuse,
- Threats and/or intimidation,
- Harm inflicted on self;
- Hazing. Hazing, as defined in T.C.A. § 49-7-123(a)(1), means any intentional or reckless act, on or off the property, of any higher education institution by an individual acting alone, or with others, which is directed against any other person(s) that endangers the mental or physical health or safety of that person(s), or which induces or coerces a person(s) to endanger such person(s) mental or physical health or safety. Hazing does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization;
- Disorderly Conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs institutional functions, operations, classrooms, other groups or individuals;
- Obstruction of or Interference with institutional activities or facilities. Any intentional interference with or obstruction of any institutional, program, event, or facility (including computer facilities), including the following:
- Any unauthorized occupancy of facilities owned or controlled by an institution or blockage of access to or from such facilities,
- Interference with the right of any institution member or other authorized person to gain access to any activity, program, event or facilities sponsored or controlled by an institution,
- Any obstruction or delay of a campus security officer, public safety officer, police officer, firefighter, EMT, or any official of the institution, or failure to comply with any emergency directive issued by such person in the performance of his or her duty;
- Misuse of or Damage to Property. Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to another including, but not limited to, any personal property, fire alarms, fire equipment, elevators, telephones, institution keys, library materials, computer equipment, and/or safety devices; and any such act against property belonging to a member of the institution community or a guest of the institution;
- Theft, Misappropriation, or Unauthorized Sale of Property. Any act of theft, misappropriation, or unauthorized possession or sale of institution property or any such act against a member of the institution community or a guest of the institution;
- Misuse of Documents or Identification Cards. Any forgery, alteration of or unauthorized use of institutional documents, forms, records or identification cards, including the giving of any false information or withholding of necessary information, in connection with a student’s admission, enrollment or status in the institution;
- Firearms and Other Dangerous Weapons. Any possession of or use of firearms, dangerous weapons of any kind, or replica/toy guns, e.g. BB guns, pellet guns, paintball guns, water guns, cap guns, toy knives or other items that simulate firearms or dangerous weapons;
- Explosives, Fireworks, and Flammable Materials. The unauthorized possession, ignition or detonation of any object or article which could cause damage by fire or other means to persons or property or possession of any substance which could be considered to be and used as fireworks; on the college campus or property owned or controlled by the institution; at an institution-sponsored event; or on property owned or controlled by an affiliated clinical site;
- Alcoholic Beverages. The use and/or possession, distribution, sale or manufacture of alcoholic beverages or public intoxication on property owned or controlled by the institution (Motlow College) or controlled by an affiliated clinical site is prohibited. This offense includes the violation of any local ordinance, state, or federal law concerning alcoholic beverages, on or off institution owned or controlled property, where an affiliated group or organization has alcoholic beverages present and available for consumption; or in violation of any term of the Motlow Drug-Free Schools and Communities Policy Statement; (Policy No. 3:00:00:00) Pursuant to Tennessee Code Annotated § 49-7-146, Motlow College is required to notify a parent of a student under age twenty-one (21) if the student “has committed a disciplinary violation” with respect to the use or possession of alcohol or a controlled substance that is a violation of any federal, state, or local law, or of any rule or policy of Motlow College, except as prohibited by the Family Education Rights and Privacy Act (FERPA). The trigger for notification will be (1) a plea of guilty to the applicable code of conduct violation, or (2) a final finding of guilt pursuant to disciplinary procedures, including completion of an appeal. The Drug-Free Schools and Communities Act of 1989 is on the website;
- Drugs. The unlawful use, possession, distribution, sale or manufacture of any drug or controlled substance (including but not limited to, any stimulant, depressant, narcotic, or hallucinogenic drug or substances or marijuana), being under the influence of any drug or controlled substance, or the misuse of legally prescribed or “over the counter” drugs is prohibited. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession or use of drugs, on property owned or controlled by the institution, at an institution-sponsored event, on property owned or controlled by an affiliated clinical site, or in violation of any term of the Motlow Drug-Free Schools and Communities Policy Statement: (Policy No. 3:00:00:00) Pursuant to Tennessee Code Annotated § 49-7-146, Motlow College is required to notify a parent of a student under age twenty-one (21) if the student “has committed a disciplinary violation” with respect to the use or possession of alcohol or a controlled substance that is a violation of any federal, state, or local law, or of any rule or policy of the institution, except as prohibited by the Family Education Rights and Privacy Act (FERPA). The trigger for notification will be (1) a plea of guilty to the applicable code of conduct violation, or (2) a final finding of guilt pursuant to disciplinary procedures, including completion of an appeal. The Drug-Free Schools and Communities Act of 1989 is on the website;
- Drug Paraphernalia. The use or possession of equipment, products or materials that are used or intended for use in manufacturing, growing, using or distributing any drug or controlled substance. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession of drug paraphernalia, on or off institution owned or controlled property;
- Public Intoxication. Appearing on institution owned or controlled property or at an institutional sponsored event while under the influence of a controlled substance or of any other intoxicating substance;
- Gambling. Unlawful gambling in any form;
- Financial Irresponsibility. Failure to meet financial responsibilities to the institution promptly including, but not limited to, knowingly passing a worthless check or money order in payment to the institution;
- Unacceptable Conduct in Disciplinary Proceedings. Any conduct at any stage of an institutional disciplinary proceeding or investigation that is contemptuous, disrespectful, threatening, or disorderly, including false complaints, testimony or other evidence, and attempts to influence the impartiality of a member of a judicial body, verbal or physical harassment or intimidation of a judicial board member, complainant, respondent or witness;
- Failure to Cooperate with Institutional Officials. Failure to comply with directions of institutional officials acting in the performance of their duties;
- Violation of General Rules and Regulations. Any violation of the general rules and regulations of the institution as published in an official institutional publication, including the intentional failure to perform any required action or the intentional performance of any prohibited action;
- Attempts, Aiding and Abetting. Any attempt to commit any of the offenses listed under this section or the aiding or abetting of the commission of any of the offenses listed under this section (an attempt to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission). Being present during the planning or commission of any offense listed under this section will be considered as aiding and abetting. Students who anticipate or observe an offense must remove themselves from the situation and are required to report the offense to the institution;
- Violations of State or Federal Laws. Any violation of state or federal laws or regulations proscribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference;
- Violation of Imposed Disciplinary Sanctions. Intentional or unintentional violation of a disciplinary sanction officially imposed by an institution official or a constituted body of the institution;
- Sexual Misconduct – an offense including acts of sexual assault, domestic violence, dating violence and/or stalking as defined in MSCC Policy 8:05:00:00. All matters involving allegations of sexual misconduct will be governed by the procedures set for in MSCC Policy 8:05:00:00;
- Harassment or Retaliation. Any act by an individual or group against another person or group in violation of TBR policies, as well as federal and/or state laws prohibiting discrimination, including, but not limited to, MSCC Policy 8:04:00:00, and TBR Guideline P-080;
- Academic Misconduct. Plagiarism, cheating, fabrication. For purposes of this section the following definitions apply:
- Plagiarism. The adoption or reproduction of ideas, words, statements, images, or works of another person as ones own without proper attribution,
- Cheating. Using or attempting to use unauthorized materials, information, or aids in any academic exercise or test/examination. The term academic exercise includes all forms of work submitted for credit or hours,
- Fabrication. Unauthorized falsification or invention of any information or citation in an academic exercise.
- Unauthorized Duplication or Possession of Keys. Making, causing to be made or the possession of any key for an institutional facility without proper authorization;
- Litter. Dispersing litter in any form onto the grounds or facilities of the campus;
- Pornography. Public display of literature, films, pictures or other materials which an average person applying contemporary community standards would find, (1) taken as a whole, appeals to the prurient interest, (2) depicts or describes sexual conduct in a patently offensive way, and (3) taken as a whole, lacks serious literary, artistic, political or scientific value;
- Abuse of Computer Resources and Facilities. Misusing and/or abusing campus computer resources including, but not limited to the following:
- Use of another person’s identification to gain access to institutional computer resources,
- Use of institutional computer resources and facilities to violate copyright laws, including, but not limited to, the act of unauthorized distribution of copyrighted materials using institutional information technology systems,
- Unauthorized access to a computer or network file, including but not limited to, altering, using, reading, copying, or deleting the file,
- Unauthorized transfer of a computer or network file,
- Use of computing resources and facilities to send abusive or obscene correspondence,
- Use of computing resources and facilities in a manner that interferes with normal operation of the institutional computing system,
- Use of computing resources and facilities to interfere with the work of another student, faculty member, or institutional official,
- Violation of any published information technology resources policy,
- Unauthorized peer-to-peer file sharing;
- Unauthorized Access to Institutional Facilities and/or Grounds. Any unauthorized access and/or occupancy of institutional facilities and grounds is prohibited, including, but not limited to, gaining access to facilities and grounds that are closed to the public, being present in areas of campus that are open to limited quests only, being present in academic buildings after hours without permission, and being present in buildings when the student has no legitimate reason to be present;
- Providing False Information. Giving any false information to, or withholding necessary information from, any institutional official acting in the performance of his/her duties in connection with a student’s admission, enrollment, or status in the institution;
- Unauthorized Surveillance. Making or causing to be made unauthorized video or photographic images of a person in a location in which that person has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor’s parent or guardian. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, residence hall rooms, and men’s or women’s restrooms and storing, sharing, and/or distributing of such unauthorized images by any means;
- Smoking Violations. Violation of any Motlow College and/or TBR smoking or other tobacco use rules or policies.
- Violations of conduct requirements described in handbooks for specific programs of study.
- Disciplinary action may be taken against a student for violations of the foregoing regulations which occur at or in association with enrollment at Motlow College for any academic period. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree including periods prior to or between semesters. Conduct occurring while a student is registered or enrolled at the College, but not discovered until after the awarding of a degree is actionable under these provisions and may result in the retroactive application of a disciplinary sanction. Should a student withdraw from the institution with disciplinary action or academic misconduct action pending, the student’s record may be encumbered by the appropriate institutional office until the proceedings have been concluded.
This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.02, Disciplinary Offenses. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11. Effective: 1/29/12.
ACADEMIC AND CLASSROOM MISCONDUCT
- The instructor has the primary responsibility for maintenance of academic integrity and controlling classroom behavior, and can order temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct that violates the general rules and regulations of the institution for each class session during which the conduct occurs. Extended or permanent exclusion from the classroom, beyond the session in which the conduct occurred, or further disciplinary action can be effected only through appropriate procedures of the institution.
- Disruptive behavior in the classroom may be defined as, but not limited to, behavior that obstructs or disrupts the learning environment (e.g., offensive language, harassment of students or professors, repeated outbursts from a student which disrupts the flow of instruction or prevents concentration on the subject taught, failure to cooperate in maintaining classroom decorum, etc.), emailing or text messaging, and the continued use of any electronic or other noise or light emitting device which disturbs others (e.g., disturbing noises from cell phones, laptop computers, games, etc.).
- Plagiarism, cheating, and other forms of academic dishonesty are prohibited. Students guilty of academic misconduct, either directly or indirectly, through participation or assistance, are immediately responsible to the instructor of the class. Based on their professional judgment, instructors have the authority to impose the following academic sanctions: (a) require the student to repeat the assignment for full or partial credit; (b) assign a zero, an F, or any other grade appropriate for the assignment or examination; (c) assign an F for the course. In addition, disciplinary sanctions may be imposed through the regular institutional procedures. When a faculty member discovers an incident of academic misconduct and the student’s grade is lowered or the student is assigned an F in the course, the faculty member will notify the academic dean. The academic dean will notify the student in writing within five (5) working days and provide a summary of the details of the incident and the penalty along with an explanation of the student’s right to due process and the college’s appeal process. The academic dean will also notify the Dean of Students.
- When a student receives more than one F as a result of academic misconduct, the Dean of Students will summon the student and begin proceedings for additional disciplinary actions, subject to the process for disciplinary procedures, outlined in Part 6.
- A student may not drop or withdraw from a course when he or she is suspected of academic misconduct to avoid a penalty for academic misconduct.
- Other disciplinary sanctions will be imposed only through the appropriate institutional student disciplinary processes coordinated by the Dean of Students.
- Students may appeal a grade assignment associated with a finding of academic misconduct, as distinct from a student disciplinary sanction, through appropriate institutional academic misconduct procedures as defined below:
- If the student wishes to appeal a grade as a result of academic misconduct, he or she should submit a written appeal to the appropriate academic dean within five (5) business days of the event. The appeal should include the identifying the element(s) of concern; justification for appeal; and attachment of any and/or all supporting material.
- The appropriate academic dean will review the appeal, perform whatever investigation is deemed necessary, discuss the issues with the student, and make a decision. The academic dean will have ten (10) business days to respond.
- Should the student after following the above procedure feel that circumstances warrant further appeal, the student may appeal in writing to the Vice President for Academic Affairs within five (5) business days of the academic deans’s decision notification.
- The Vice President for Academic Affairs will review the merits of the case, conduct any investigation deemed necessary, and will notify the student, the instructor, and the appropriate academic dean in writing of the response of the appeal within ten (10) business days. The decision of the Vice President for Academic Affairs is final.
- Other misconduct described in handbooks for specific programs of study.
This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.03 Academic and Classroom Misconduct. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11. Effective: 1/29/12.
- Upon a determination that a student or student organization has violated any of the disciplinary offenses set forth in these regulations, institutional disciplinary policies, or the general policies of the College, disciplinary sanctions may be imposed, either singly or in combination, by the College or school officials.
- Definition of Sanctions:
- Restitution. Restitution may be required in situations which involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury. When restitution is required, the student or student organization is obligated by the appropriate judicial authority to compensate a party or parties for a loss suffered as a result of disciplinary violation(s). Any such payment in restitution shall be limited to actual cost of repair, replacement or financial loss;
- Warning. The appropriate institutional official may notify the student or student organization that continuation or repetition of specified conduct may be cause for other disciplinary action;
- Reprimand. A written or verbal reprimand or censure may be given to any student or student organization whose conduct violates any part of these Regulations and provides notice that any further violation(s) may result in more serious penalties;
- Service to the Institution or Community. A student, or student organization, may be required to donate a specified number of service hours to the institution performing reasonable tasks for an appropriate institution office, official(s), or the local community. The service required shall be commensurate to the offense (e.g., service for maintenance staff for defacing institutional property);
- Specified Educational/Counseling Program. A student or student organization may be required to participate in specified educational or counseling program(s) relevant to the offense, or to prepare a project or report concerning a relevant topic;
- Apology. A student or student organization may be required to apologize to an affected party, either verbally or in writing, for the behavior related to a disciplinary offense;
- Fines. Penalties in the form of fines may be imposed against a student or student organization whenever the appropriate institutional authority deems appropriate. The sanction of fines may be imposed in addition to other forms of disciplinary sanctions. Failure to pay fines may result in further disciplinary action;
- Restriction. A restriction upon a student’s or student organization’s privileges for a period of time may be imposed. This restriction may include, for example, denial of the ability to represent the institution at any event, ability to participate in institution or TBR sponsored travel, use of facilities, parking privileges, participation in extracurricular activities, or restriction of organizational privileges;
- Probation. Continued enrollment of a student or recognition of a student organization on probation may be conditioned upon adherence to these regulations. Any student or organization placed on probation will be notified in writing of the terms and length of the probation. Probation may include restrictions upon extracurricular activities, or any other appropriate special condition(s). Any conduct in further violation of these regulations while on probationary status or the failure to comply with the terms of the probationary period may result in the imposition of further disciplinary action;
- Suspension. Suspension is the separation of a student or student organization from the institution for a specified period of time. Suspension may be accompanied by special conditions for readmission or recognition;
- Expulsion. Expulsion entails a permanent separation from the institution. The imposition of this sanction is a permanent bar to the student’s admission, or a student organization’s recognition to the institution. A student or organization that has been expelled may not enter institution property or facilities without obtaining prior approval from an appropriate campus official with knowledge of the expulsion directive;
- Revocation of Admission, Degree, or Credential;
- Interim Suspension. As a general rule, the status of a student or student organization accused of violation of these regulations should not be altered until a final determination has been made in regard to the charges. However, interim suspension, pending the completion of disciplinary procedures, may be imposed upon a finding by the appropriate institutional official that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well-being of the accused, any other member of the institution its guests, property, or substantial disruption of classroom or other campus activities. In any case of interim suspension, the student, or student organization shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the suspension;
- Any alternate sanction deemed necessary and appropriate to address the misconduct.
- The President of the College is authorized, at his or her discretion, to intervene in order to negotiate a mutually acceptable resolution to any disciplinary proceeding, or, subsequently, to convert any sanction imposed to a lesser sanction, or to rescind any previous sanction, in appropriate cases.
This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.04 Disciplinary Sanctions. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11. Effective: 1/29/12.
VEHICLE REGISTRATION, TRAFFIC AND PARKING
- General: Motlow State Community College policy provides traffic and parking regulations applicable for all MSCC campuses. The purpose of this policy is to facilitate the orderly and efficient flow of traffic on all campuses, to provide a safe atmosphere for both pedestrians and motor vehicle operators, and to provide order with regard to parking within limited space. These policies are published annually, and as appropriate, through signage, handbooks and the website.
- Registration of automobiles/permits/decals: Motlow requires the registration of vehicles and/or the issuance of decals/permits on campus for the purpose of effective enforcement of campus traffic and/or parking regulations.
- Any student, faculty member, or staff member who expects to operate and park a privately owned vehicle on campus must register the vehicle with the Business Office and obtain an official registration decal. It is the individual’s responsibility to ensure that the decal is properly used and displayed and to ensure that rules and regulations relative to operating a vehicle on College property are obeyed, regardless as to whom the vehicle is registered.
- Decals do not have an expiration date. If needed, students may obtain additional decals at the Business Office.
- In an extreme emergency when a non-registered vehicle is necessary for a limited time, including a single day, the student must secure a temporary parking permit in order to not be subject to a charge for parking violation.
- Visitor and temporary parking permits may be obtained from the Business Office in the Ingram Administration Building.
- Parking: Motlow College has designated parking zones for faculty, staff, students, visitors, and appropriate groups. Students, faculty, staff, and visitors should park only in the appropriately designated areas. The designated areas are identified by appropriate signage.
- Vehicles are not to be parked at any time in loading areas, in parking area entrances or so as to block roadways, fire lanes or the movement of any other vehicle, on sidewalks or in places with signs indicating parking restrictions.
- Disability Parking Procedures. Designated parking areas are provided for anyone with a state issued or Motlow issued disability placard/tag. A special parking hang tag for students with disabilities is available from the Office of Disability Services upon the recommendation of a physician or based on an evaluation of the disability by the Director of Disability Services.
- Traffic: All State of Tennessee motor vehicle laws are applicable on all MSCC sites 24 hours a day.
- Vehicles must yield right-of-way to all emergency vehicles by pulling over and coming to a complete stop.
- Pedestrians have the right-of-way. Motorists must yield the right-of-way to all pedestrians.
- All vehicles must come to a complete stop at intersections where stop signs are located, painted on streets, or mounted on posts.
- Fines/Penalties: The first and second parking violation, during each academic year, except disabled parking violations, will result in a $10.00 charge for each violation. The charge for each regular violation thereafter will be $20.00 and a warning of disciplinary action.
- The fine for parking violations in areas designated for individuals with disabilities is established by statute T.C.A. § 55-21-108 and will be adjusted as required to remain in compliance with state law.
- Failure to resolve parking violations by payment in the Business Office or by appeal will result in an official hold being placed on all student records. Students, therefore, will neither be able to receive their grades for the current semester nor register for subsequent semesters.
- Appeals: Any student may appeal his or her notice of a vehicle registration/parking violation to the Dean of Students. Appeals must be made within one (1) week of the time of the citation for the violation. Ignorance of parking regulations will not be considered as a reason for appeal. The decision of the Dean of Students is final.
This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.05 Traffic and Parking. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11. Effective: 1/29/12.
- General: Motlow College, in the implementation of TBR regulations pertaining to discipline and conduct of students, shall insure the constitutional rights of students by affording a system of constitutionally and legally sound procedures which provide the protection of due process of law. In furtherance of this mandate, Motlow College hereby adopts policies setting forth the disciplinary procedures for the college. All disciplinary procedures shall be affirmatively communicated to the faculty, staff, and students at the institution as well as published in appropriate handbooks, manuals, and on the website.
- Tennessee Uniform Administrative Procedures Act (TUAPA): All cases which may result in (a) suspension or expulsion of a student or student organization, from the institution, for disciplinary reasons, or (b) revocation of registration of a student organization, are subject to the contested case provisions of the Tennessee Uniform Administrative Procedures Act (TUAPA), T.C.A. § 4-5-101 et seq., and shall be processed in accord with the Uniform Contested Case procedures adopted by the Board of Regents unless the student or organization, after receiving written notice, waives those procedures and elects to have the case disposed of in accord with institutional procedures or waives all rights to contest the case under any procedure. http://www.tbr.edu/policies/default.aspx?id=4886
- Institutional Procedures: For matters not subject to the requirements of TUAPA or if a student waives TUAPA procedures, Motlow College establishes multiple methods for hearing and for the resolution of disciplinary matters. Any student accused of a disciplinary offense or academic misconduct imposed through disciplinary sanctions will be afforded an opportunity to contest the charge through procedures initiated by and coordinated with the Dean of Students. The student must elect, in writing, (1) disposition by the Dean of Students or (2) Institutional hearing before the Student Affairs Committee. If a student, absent good cause, fails to return the election of procedure within a three (3) day period, the student will be deemed to have waived his/her right to the processes described above and the College may proceed as it deems, in its sole discretion, appropriate in the circumstances.
- Disposition by the Dean of Students. A student may request, in writing, that the Dean of Students adjudicates the case, thereby waiving his/her rights to due process. If a student elects to have disposition by the Dean of Students, the following procedures shall apply:
- The Dean of Students shall notify the student within three (3) working days, in writing, of the alleged charges against him or her and proceed to initiate an investigation.
- The investigation of the case shall include interviews with all relevant parties (accused, accuser, and possible witnesses, etc.).
- The Dean of Students shall review the evidence, make a determination of innocence or guilt, and decide upon a proper disciplinary sanction within ten (10) working days.
- The accused student and the Dean of Students shall meet to discuss the Dean of Students findings and recommended disciplinary sanction. The findings shall cite specific disciplinary offenses and specific sanctions as described in these regulations. The decision of the Dean of Student is final.
- Institutional hearing before the Student Affairs Committee. A student accused of violating an offense may choose to have the case heard by the Student Affairs Committee. The committee, appointed by the President, is comprised of four faculty members, two student members and the Dean of Students serves as ex-officio. The appointment of faculty members shall be reviewed annually; reappointment can occur. The student members are selected annually.
- If a student elects to have a hearing by the Student Affairs Committee, the following procedures shall apply:
- The Dean of Students shall notify the student within three (3) working days, in writing, of the alleged charges and initiate an investigation.
- At the conclusion of the investigation, the accused student shall be informed in writing of the date, time and place of the hearing not less than ten (10) days prior to the day of the hearing. The student may attend the hearing to present his or her case. However, the student’s absence, absent good cause, will not hinder the Student Affairs Committee from meeting and rendering a decision.
- The Chairperson of the Student Affairs Committee shall preside at the hearing.
- The Dean of Students shall present the results of the investigation and when appropriate make a recommendation to the Committee. Witnesses and/or statements from witnesses may be entered as evidence.
- The accused shall have an opportunity to present his/her case in exercising any of the rights cited in Due Process for Institutional Hearing provisions of this policy.
- Members of the Committee shall have an opportunity to ask questions.
- After all evidence, presentations and examinations of witnesses, the Committee shall retire to discuss the case and render a decision.
- Within a reasonable time, or three (3) working days, after the committee has rendered a decision, the presiding officer of the hearing will communicate the decision to all parties.
- The student shall be advised of his or her right to appeal the decision of the Student Affairs Committee. The student will provide in writing to the Vice President of Student Affairs, within three (3) working days, notification to appeal. Failure to timely file the appeal shall constitute a waiver of any right to appeal. The Vice President of Student Affairs will render a final decision within ten (10) working days.
- Due Process for Institutional Hearings: The following process applies to institutional hearings before the Student Affairs Committee at Motlow College.
- The Dean of Students shall notify the student within a three (3) day period, in writing, of the alleged charges and initiate an investigation.
- At the conclusion of the investigation, the accused student will be informed in writing of the date, time and place of the hearing not less than ten (10) days prior to the day of the hearing.
- The student shall be advised of the following rights applicable at the hearing:
- The right to present his or her case,
- The right to be accompanied by an advisor. The adviser’s participation shall be limited, however, to advising the student and shall not include representing the student,
- The right to call witnesses on his or her behalf,
- The right to confront witnesses against him or her, and
- The student shall be advised of the method and time limitations for appeal if any is applicable.
Students subject to any disciplinary sanction are entitled to a due process hearing unless that right is waived by the student after receiving written notice of the available procedure.
- Interim Suspension Hearings: Hearings conducted with regard to interim suspensions imposed pending the outcome of a disciplinary investigation or proceeding shall be conducted consistent with the due process for institutional hearings, taking into account the need for a timely hearing. The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted from imposition of the interim suspension.
- Alternative Resolution Procedures: Motlow College is authorized to establish alternative or multiple methods/bodies for hearings and/or for the resolution of disciplinary matters, with the consent of all relevant parties. Alternative resolution methods may include, but are not limited to, mediation, diversion programs, and/or negotiated resolutions.
- The President of the College is authorized, at his or her discretion, to intervene in order to negotiate a mutually acceptable resolution to any disciplinary proceeding, or, subsequently, to convert any finding or sanction imposed to a lesser finding or sanction, or to rescind any previous finding or sanction, in appropriate cases.
This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.06 Disciplinary Procedures and due Process. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11. Effective: 1/29/12.
DISCRIMINATION, HARASSMENT, AND SEXUAL MISCONDUCT POLICY AND PROCEDURES
- General Policy
It is the intent of Motlow State Community College that no individual shall be discriminated against on the basis of race, color, religion, creed, ethnic or national origin, sex, sexual orientation, gender identity/expression, disability, age (as applicable), status as a covered veteran, genetic information, and any other category protected by federal or state civil rights law. In promulgating this policy statement it is the College’s intent to fully comply with Executive Order 11246, as amended; the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; the Vietnam Era Veterans Readjustment Act of 1974, as amended; the Equal Pay Act of 1963, as amended; the Age Discrimination in Employment Act of 1967, as amended the Age Discrimination Act of 1975; the Pregnancy Discrimination Act, Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act as amended, Title IX of the Education Amendments of 1972, §485(f) of the HEA, as amended by §304 of the Violence Against Women Reauthorization Act of 2013, the regulations implementing these Acts found at 34 CFR §668.41, §668.46, and Appendix A to Subpart D of Part 668; and Sections 799A and 845 of the Public Health Service Act and Regulations issued pursuant thereto found at 45 CFR Parts 83 and 86, as well as all applicable state statutes and all regulations promulgated pursuant thereto.
The purpose of this policy is to supplement Tennessee Board of Regents Policies, 8:01:00:00; Prohibition Against Discrimination, Harassment, and Sexual Misconduct, 8:02:00:00; Sex Discrimination, Sexual Harassment or Sexual Misconduct, 8:03:00:00; Sex Discrimination and Sexual Harassment; 2:02:10:01 Sex Discrimination; Sexual Harassment or Sexual Misconduct; 5:01:02:00 Equal Employment Opportunity and Affirmative Action, and TBR Guidelines P-080 Discrimination Harassment Complaint Investigation Procedure, and G-125 Filing Title VI Complaints.
All students and employees are subject to this policy. Any faculty member, student or staff found to have violated this policy by engaging in behavior constituting discrimination or harassment will be subject to disciplinary action which may include expulsion, termination or other appropriate sanction.
All students and employees are to be knowledgeable of policies and guidelines concerning discrimination and harassment. All students and employees must promptly report to the Title IX/EEO Coordinator, any complaint or conduct which might constitute harassment, whether the information concerning a complaint is received formally or informally. Failure to do so may result in disciplinary action up to and including expulsion, termination or other appropriate sanction.
All students and employees are required to cooperate with investigations of alleged discrimination or harassment unless otherwise provided by law. Failure to cooperate may result in disciplinary action up to and including termination. Students are also required to cooperate with these investigations. Failure to do so may result in disciplinary action up to and including expulsion, termination or other appropriate sanction.
Because Motlow College takes its responsibilities in this area seriously, it provides periodic training and education to employees and students regarding conduct that could violate this policy. All employees and students are expected to participate in such education and training. Further, all employees and students are encouraged to engage in reasonable, necessary, and safe bystander intervention to prevent and discourage all types of discrimination and harassment.
- Applicable Policies and Procedures
Complaints of sex discrimination or sexual harassment by or against students, faculty or staff shall be governed by Motlow Policy 8:02:00:00 Sex Discrimination, Sexual Harassment or Sexual Misconduct, 8:03:00:00 Sex Discrimination and Sexual Harassment, and 8:04:00:00 Discrimination and Harassment. Complaints of sexual misconduct shall be governed by Motlow Policies 8:02:00:00 Sex Discrimination, Sexual Harassment or Sexual Misconduct, 8:03:00:00 Sex Discrimination and Sexual Harassment, and 8:05:00:00 Sexual Misconduct. All other complaints of discrimination shall be governed by Motlow Policies 8:01:00:00 General Prohibition Against Discrimination, Harassment and Sexual Misconduct, 8:03:00:00 Sex Discrimination and Sexual Harassment, and 8:04:00:00 Discrimination and Harassment.