Code for Student Rights, and Conduct
Preamble: The faculty, staff, and administrators of Mountain Gateway Community College are devoted to offering the highest quality education for all citizens of the service region and to developing the scholarly and human potential of each student. We also believe that the students at MGCC are devoted to these principles and wish to pursue learning in an atmosphere which encourages serious study and human growth.
In attempting to foster this scholarly atmosphere, MGCC adheres to the standards of the Virginia Community College System. This code for student rights, responsibilities, and conduct is intended to clarify within the VCCS framework the standards of the College and the procedures guaranteeing students’ rights.
Obligations of a Student: The attendance of a student at MGCC is a voluntary entrance into the academic community. By such voluntary entrance, the student assumes obligations of performance and behavior reasonably imposed by the College relevant to its lawful missions, processes, and functions. These obligations are appropriate for scholars; the College is obligated to provide an atmosphere conducive to learning for all students and will act to discipline those persons whose behavior interferes with this obligation.
This code is established to assure that all students are familiar with the conduct and responsibilities expected of them as members of this community. In addition, students should be cognizant of college disciplinary procedures and their rights as MGCC students.
Student Bill of Rights
- The faculty, staff, and administration of MGCC respect the students who enroll in the College. The following rights are guaranteed to students as part of membership in this learning community:
- Free inquiry, expression and assembly, except as noted in section on Campus Expression as noted below.
- The free pursuit of educational goals.
- The right of students to be secure in their persons, papers and effects against unreasonable searches and seizures.
- The right of appropriate disciplinary procedures when necessary. No disciplinary sanctions may be imposed upon any student without notice to the accused of the nature and cause of the charges and a fair hearing, which shall include confrontation of witnesses against him/her and the assistance of a person of his or her own choosing a student, pending a hearing, may be suspended by the President or the President’s designee and barred from the campus if the student’s presence is deemed a danger to others or is likely to be disruptive to the normal educational activities of the College.
Before a student may be suspended, the student will be informed of the reasons for the suspension and will be provided an informal opportunity to make an oral response, except in exigent circumstances, in which case the student will be given said opportunity as soon as is practicable.
- The right of a hearing before a judicial body when a student is accused of violating institutional regulations. The judicial body shall be composed of five voting members and one nonvoting member. The voting members shall be three members of the faculty and two students. The faculty members shall be appointed by the Vice President of Academic Affairs and the student members shall be appointed by the President of Student Government. The nonvoting member shall be an ad-hoc member and provide administrative and organizational support.
Nothing in procedures D and E above should be construed to prevent the President from taking such official steps as deemed necessary. However, final action should be in accordance with the above procedures.
Definitions of Terms Used in this Code:
- When used in this code,
- The term “creed” means personal beliefs.
- The term “group” means a number of persons who have not yet complied with the formal requirements for becoming an organization.
- The term “institution” means Mountain Gateway Community College (MGCC) and, collectively, those responsible for its control and operation.
- The term “instructor” means any person hired by MGCC to conduct classroom activities. In certain situations a person may be both “student” and “instructor.” Determination of his/her status in a particular situation shall be determined by the facts of the situation.
- The term “legal compulsion” means a judicial or legislative order which requires some action by the person to whom it is directed.
- The term “may” is used in the permissive sense.
- The term “organization” means a number of persons who have complied with the formal requirements of institution recognition as provided in Section 10.
- The term “shall” is used in the imperative sense.
- The term “student” includes all persons taking courses at MGCC both full-time and part-time.
- The term “student press” means either a formally recognized organization whose primary purpose is to publish and distribute any publication on campus or a regular publication of an organization.
Access to Higher Education:
- Within the limits of its facilities, MGCC shall be open to all applicants who are qualified according to its admission requirements.
- The institution shall make clear the characteristics and expectations of students which it considers relevant to its program.
- Under no circumstances may an applicant be denied admission because of race, creed, gender, national origin, disability, or any other non-merit factor. Specific program admittance may be limited due to space, academic history, and factors relevant to career job performance.
- Discussion and expression of all views relevant to the subject matter are permitted in the classroom, subject only to the responsibility of the instructor to maintain order.
- Students are responsible for learning the content of any course for which they are enrolled.
- Requirements may include participation in classroom discussion and submission of written exercises.
- Academic evaluation of student performances shall be neither prejudicial nor capricious.
- Information about student views, beliefs and political associations acquired by persons in the course of their work as instructors and counselors is confidential and is not to be disclosed except with the student’s permission or under legal compulsion. Questions relating to intellectual or skills capacity are not subject to this section except that notice of disclosure must be made to the student.
- Discussion and expression of all views are permitted within MGCC subject only to reasonable restrictions to ensure that the mission of MGCC is not disrupted and to maintain order.
- Students, groups, and campus organizations may invite and hear any persons of their own choosing subject only to the requirements for use of institutional facilities. (See sections 7 and 13.)
- Organizations and groups may be established within MGCC for any legitimate and legal purpose. Affiliation with an extramural organization shall not, in itself, disqualify the institution branch or chapter from institution privileges.
- The following regulations apply to organizations on campus
- A group shall become an organization when formally recognized by MGCC. All groups that meet the following requirements shall be recognized.
- A group shall submit a list of officers, including an advisor selected from the faculty or staff and copies of the constitution and bylaws to the appropriate institution official or body. All changes and amendments shall be submitted within one week after they become effective.
- Where there is affiliation with an extramural organization, that organization’s constitution and bylaws shall be filed with the appropriate institution official or body. All amendments shall be submitted within a reasonable time after they become effective.
- All sources of outside funds shall be disclosed.
- Upon recognition of the organization, the institution shall make clear that said recognition infers neither approval nor disapproval of the aims, objectives and policies of the organization.
- Organizations of a continuing nature must annually institute proceedings for formal recognition if they are to continue receiving the benefits of Sections 14, 15, 16 and 17.
- Any organization may conduct on or off campus activities subject to the approval of the Student Government Association and the appropriate college administrators.
- Any organization which engages in illegal activities, on or off campus, may have sanctions imposed against it, including withdrawal of institution recognition for a period not exceeding one year.
- Membership in all institution-related organizations, within the limits of their facilities, shall be open to any member of the institution community who is willing to subscribe to the stated aims and meet the stated obligations of the organizations.
- Membership lists are primarily for the use of the organization. Names and addresses of officers and members may be required as a condition of access to institution funds.
- Institution facilities may be assigned depending on availability to organizations, groups and individuals within the institution community for regular business meetings, for social programs and for programs open to the public.
- Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of the space assigned, to regulate time and use and to insure proper maintenance.
- Preference shall be given to programs designed for audiences consisting primarily of members of the institutional community.
- Allocation of space shall be made based on priority of requests and the demonstrated needs of the organization, group or individual.
- The institution may delegate the assignment function to an administrative official.
- Charges may be imposed for any unusual costs for use of facilities.
- Physical abuse of assigned facilities shall result in reasonable limitations on future allocation of space to offending parties and restitution for damages.
- The individual, group or organization requesting space must inform MGCC of the general purpose of any meeting open to persons other than members and must provide the names of outside speakers.
- Solicitation of funds on or off the college campus will be permitted only with prior approval.
- The authority to allocate student activity funds or institutional student fees for use by recognized organizations shall be delegated to a body in which student participation in the decisional process is assured.
- Approval of requests for funds is conditioned upon submission of budgets to and approval by this body.
- Financial accountability is required for all allocated funds, including statement of income and expenses on a regular basis. Failure of an organization to submit an accurate financial statement may result in withdrawal of future funding. Otherwise, organizations shall have independent control over the expenditure of allocated funds.
- No individual, group, or organization may use the institution’s name without the express authorization of the institution except to identify the institutional affiliation. Institution approval or disapproval of any policy may not be stated or implied by an individual, group, or organization.
- A student, group, or organization may distribute written material on campus without prior approval providing such distribution does not disrupt the operations of MGCC.
- The student press is to be free of censorship. The editors and managers shall not be subject to disciplinary action because of student, faculty, administration, alumni or community disapproval of editorial policy or content. Similar freedom is assured oral statements of views on an institution controlled and student operated radio or television station. This editorial freedom entails a corollary obligation under the canons of responsible journalism, the First Amendment and applicable regulations of the Federal Communications Commission.
- All student communications shall explicitly state on the editorial page or in broadcast that the opinions expressed are not necessarily those of the institution or its student body.
- All constituents of the institutional community are free, individually and collectively, to express their views on issues of institutional policy and on matters of interest to the student body. Clearly defined means shall be provided for student expression on all institutional policies affecting academic and student affairs.
Student Participation and Demonstration:
- The role of student government and its responsibilities shall be made explicit. There should be no review of student government actions except where review procedures are agreed upon in advance or those that are required by state or college policy.
- On questions of educational policy, students are entitled to a participatory function.
- Faculty-student committees shall be created to consider questions of policy affecting student life.
- Students shall be designated as members of standing and special committees concerned with institutional policy affecting academic and student affairs, including those concerned with curriculum, discipline, admissions, and allocation of student funds.
- The right of peaceful protest is granted. MGCC retains the right to assure the safety of individuals, the protection of property and the continuity of the educational process.
- Orderly picketing and other forms of peaceful protests are permitted on institution premises with the following qualifications
- Such activities must not interfere with entrance or exit from facilities, movement within institution facilities or interrupt classes or damage property.
- The institution may choose to impose its own disciplinary sanctions without involving local enforcement bodies.
- Orderly picketing and orderly demonstrations are permitted in public areas subject to the requirements of noninterference.
- Every student has the right to be interviewed on campus by any organization that has been approved to recruit at MGCC.
Any student, group or organization may protest against any such organization provided that protest does not interfere with any other student’s right to have such an interview.
Violation of Law and Institutional Discipline:
- If a student is charged with or convicted of an off-campus violation of law, the matter is of no disciplinary concern to MGCC unless the student is incarcerated and unable to comply with academic requirements or the student represents a clear threat to any member of the college community. The institution may impose sanctions for grave misconduct off campus demonstrating flagrant disregard for the rights of others. In such cases expulsion is not permitted until the student has been adjudged guilty in a court of a law.
- The institution may institute its own proceedings against a student who violates a law on campus which is also a violation of a published institution regulation. (Note: Institutional rules and regulations differ from civil and criminal laws.)
Sexual Harassment and Sexual Assault (Title IX):
- Mountain Gateway Community College does not discriminate on the basis of sex in education programs or activities, as required by the United States Department of Education, Office for Civil Rights. The College informs students and employees of definitions of sexual harassment and sexual violence, the procedures of filing complaints, process for resolution and their rights before, during and after proceedings.
- Mountain Gateway Community College prohibits the harassment of any male or female, full- or part- time students by any and all MGCC employees or students. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and/or other verbal or physical conduct or written communications of an intimidating, hostile or offensive sexual nature, regardless of where such conduct might occur. Sexual harassment also shall be construed as repeated verbal, physical or written acts that may create a sexually uncomfortable atmosphere.
- Complaints of unwelcome sexual advances or repeated sexual expressions creating a hostile environment, threats of penalties in order to gain sexual favors or promises seeking to induce sexual favors may be raised through the following procedures:
- A report of the incident should be made to the Director of Student Services if the accused is a student. MGCC’s policy is that the Director of Student Services will then contact the police. It is the victim’s decision to file charges. If the accused is an employee, the report should be made to the employee’s divisional supervisor. The director/supervisor will inform the accuser of the options for resolution that are available. The options may include mediation, invoking procedures as set forth in the MGCC Code of Conduct, the involvement of law enforcement officials and advising the accuser to seek the advice of an attorney. The anonymity of both the victim and the accuser will be protected whenever possible
- The director/supervisor will meet with the accused to review the incident and, based on the director’s/supervisor’s findings and options selected by the accuser, take appropriate action. Action taken may include documentation, referring the case to the College’s disciplinary process and/or involving law enforcement officials.
- If either the accuser or the accused is not satisfied with the decision of the director/supervisor, then an appeal may be made to that person’s supervisor, up to and including the President of the College or designee.
- Mountain Gateway Community College is concerned about the safety, health and well-being of students, faculty, and staff. There are tools in place meant to address issues regarding potential threats and activities disruptive to the mission of the College.
The College has a Threat Assessment Team (TAT) that meets to address referrals on individuals who may be acting in ways that signal the potential for harm to themselves or to others. The TAT is charged with addressing all reported behavioral or mental health incidents which occur on campus, the Rockbridge Regional Center, classes/training at an off-site location or on an electronic site, including e-mail, blogs, and Blackboard postings.
Anyone may make a referral and a process is in place for handling each case in a proper, prompt and professional manner, respecting the rights and privacy of all parties involved. Questions regarding the TAT may be addressed to the Director of Student Services at (540) 863-2866.
- Mountain Gateway Community College is committed to maintaining a safe and comfortable environment that facilitates learning and other productive activities. As such, no acts of bullying will be tolerated. Encouraging fighting, using profanity, exhibiting obscene gestures or taking any actions to create a climate of imminent danger or instill in others fear of bodily harm are not considered appropriate and will not be allowed. Immediate action will be taken by the administration.
- Sexual assault is defined as sexual intercourse without consent, including rape (whether by acquaintance or stranger), sodomy or other forms of sexual penetration. To constitute lack of consent, the acts must be committed by force, threat of force, intimidation or through the use of the victim’s mental helplessness of which the accused was aware or should have been aware. Mental helplessness includes incapacitation by alcohol or other drugs. Sexual assault also includes intentionally touching either directly or through clothing, of the victim’s genitals, breasts, thighs or buttocks without the victim’s consent, as well as touching or fondling of the accused by the victim when the victim is forced to do so against his or her will.
- Sexual assault is a crime and as such carries severe penalties as prescribed by law. Due to the criminal nature of the sexual assault, both the accuser and the accused should seek legal advice. It should be noted, however, that the College’s disciplinary proceeding is not a court of law; and as a result, legal representation is not permitted.
- The reporting and disciplinary procedures for sexual assault are similar to those for sexual harassment with the following notable exceptions:
- The accused may be suspended from the College prior to the start of disciplinary procedures. If the accused is an employee, the suspension will be with pay until such time that guilt is adjudged. If the accused is a student and adjudged not guilty, then the student will incur no financial loss resulting from lost tuition.
- The College may close the disciplinary procedure to the College community.
- The College may involve law enforcement officials immediately upon notification that an incident has occurred.
- The College’s disciplinary procedure may be suspended pending the outcome of criminal proceedings.
- An individual convicted in a court of law of a sexual assault that occurred at the College or at a College supported activity may be expelled regardless of whether charges are brought through the College’s disciplinary procedures.
Accident & Health Insurance:
- Certain courses at the College include field/laboratory experiences which require safe and prudent behavior on behalf of students and instructors during travel to and from activities, as well as at on-site activities.
MGCC does not provide accident or health insurance for individual students in these activities. The College assumes no financial responsibility for medical care or emergency services required due to accident or illness of enrolled students.
Students are encouraged and may be required to obtain accident or health insurance or to provide certified proof of such coverage before participating in certain classes and activities.
- Animals are not permitted in classrooms or other indoor spaces. An exception is made for service animals that accompany persons with disabilities; however, the animal must be under control at all times and the College does not assume responsibility for the care and supervision of the animal. Emotional support animals (ESA) and pets that meet the requirements of Virginia law and local Alleghany County ordinances are permitted in outdoor areas of campus only and cannot be left in vehicles. ESA’s and pets are not permitted inside MGCC buildings and facilities.
- Children are not permitted to accompany their parents to classes and are not to be left unattended on campus. Arrangements should be made for off-campus child care.
- MGCC is committed to the safety, health and well-being of students, especially during the winter season when illnesses are most prevalent. Students should protect themselves and be respectful of others, both at college facilities and throughout the community. Students who are ill should take care of themselves.
Students should not attend classes or other large gatherings if they are ill, and should visit a doctor if it appears that a serious condition may be developing. If college officials observe a student exhibiting symptoms of an illness that may be contagious to others, they may ask that the student leave and return when their symptoms subside.
- As the U.S. Department of Education’s Manual on School Uniforms notes, “Dress Codes and/or Uniforms by themselves cannot solve all of the problems of school discipline, but they can be one positive contributing factor to discipline and safety.” This statement is synonymous with MGCC’s goal of maintaining a school climate that effectively fosters learning, provides a setting preparing students for expectations in the adult workplace, and strives for safety, a sense of community, and respect for others. Therefore, sexually provocative or distracting clothing will not be allowed, and for the purposes of hygiene, MGCC requires the body and feet to be appropriately attired.
NOTE: However dressed, instructors have the prerogative to ask students to leave their classroom setting if the student’s appearance is distracting to the instructor’s learning environment.
- Discrimination against persons who are HIV positive or who may have AIDS is incompatible with the goals of MGCC and will not be tolerated. Students, staff, and faculty who are HIV positive or who have AIDS will be able to remain in the College as long as they are physically and mentally able to perform their role. Persons in the college community who need assistance in dealing with issues of HIV/AIDS are encouraged to seek the confidential services of an advisor in Student Services, who will refer the person to an appropriate community agency. Information concerning an individual’s HIV status will not be provided to anyone without the expressed written permission of the individual.
Inclement Weather/Emergency Closing Policy:
- Decisions concerning the closing or late opening of MGCC due to inclement weather will be made by a college administrator in consultation with personnel who live in various parts of the region. The decision is generally made before 5:30 a.m. for day classes and 3:00p.m. for night classes. Students may access this information through local radio and TV stations, the college website, the college switchboard, or an email to official VCCS student email addresses. Students registered with the college’s emergency alert system, MGCC Alert, will be notified of closing or emergencies by text messages, email, and phone (specified by student when registering for MGCC Alert).
Late Openings- During a late opening, MGCC classes will begin meeting as scheduled starting at the late opening start time. For example, if the announcement says that MGCC opens at 10:00 a.m., 8:30 a.m. - 9:45 a.m. classes will not meet. 10:00 a.m. and later starting classes will met as scheduled.
Students should always check with their instructors for proper guidelines for their particular courses, especially if the course meets for a longer period of time than what is shown in the example.
WKEY-AM- 103.5 Big Country (simulcast on 1340AM)
WJVR-FM- 101.9 The River (simulcast on 1230AM)
WSLC 610 AM/WSLQ 99 FM-Roanoke
WSLW AM 1310 (SportsTalk 1310) -White Sulphur Springs, WV
WXLK 92 FM-Roanoke
WRON FM 103.1, The Bear- Ronceverte, WV
WRON -AM 1400(Newstalk 1400)- Ronceverte, WV
WVTF (RadioIQ/NPR) 89.1 FM-Roanoke
Students are urged to listen for information concerning school closing or delayed opening. Each student must ultimately decide whether it is possible or safe to come to class when the College is open. Every attempt will be made to work with students who are forced to be absent due to weather.
- Unauthorized manufacture, distribution and/or possession of alcoholic beverages, illegal drugs or controlled substances are prohibited from campus or campus-related functions by both state and federal laws. Students who violate state or federal laws may be referred by college authorities for criminal prosecution.
Whether or not a criminal charge is brought, a student is subject to college discipline for illegally manufacturing, distributing, possessing, or using any alcoholic beverage, illegal drug or controlled substance. Any student found to have engaged in such conduct is subject to the entire range of sanctions specified by the College, including suspension or expulsion.
- MGCC buildings are tobacco free. Smoking and the use of all other tobacco products are prohibited. Designated smoking areas are identified throughout the campus grounds and should be used by smokers.
- MGCC prohibits the use of tobacco products in all College owned or leased buildings and vehicles. E-cigs (vapor) devices are also prohibited. Designated smoking areas are identified throughout the campus and grounds.
Title IV Crime Statistics Reporting Requirement:
- The following information is applicable to the Campus Security Act section of Title IV of the Higher Education Act of 1965. This information sets forth the provisions of compliance of this act to strengthen the security concerns applicable to campus life at MGCC.
The College administration is concerned with the well being and safety of all students and will strictly enforce regulations necessary for the protection of all. Specific policies and crime figures are found on the MGCC web site. Upon request to the Vice President for Finance and Administration or the Director of Student Services, a copy of the Annual Security Report will be provided.
- Students have the same rights of privacy as any other citizen and surrender none of those rights by becoming members of the academic community.
- The institution is neither arbiter nor enforcer of student morals. No inquiry is permitted into the activities of students away from the campus where their behavior is subject to regulation and control by public authorities.
Photographs: Photographs taken of individual students or groups of students in buildings or outdoors on campus may be used by the College for release to newspapers, online and digital or other media, and for reproduction in the College’s publications. If a student does not want a photograph to be used in promotion of the College, that student must notify the photographer at the time the photo is taken or notify the College Public Relations Officer within 24 hours after the photograph is taken.
By attending MGCC and/or participating in on-campus events such as those held on the Clifton Forge campus and those held at the Rockbridge Regional Center, you consent to being photographed, filmed, and/or otherwise recorded. Your presence constitutes your consent to such photography, filming, and/or recording and to use, in any and all media in perpetuity, of his/her appearance, voice and name for any purpose whatsoever in connection with the production of promotional materials for Mountain Gateway Community College.
- The privacy and confidentiality of all student records shall be reserved. Official student academic records, supporting documents, and other student files shall be maintained only by members of the institution staff employed for that purpose. A separate student academic folder will be maintained which may include, but not be limited to, academic records, supporting documents and general educational records; records of disciplinary proceedings; psychiatric records; and financial aid records.
- No entry may be made on a student’s academic record and no document may be placed in his or her file without actual notice to the student. Publication of grades, announcement of honors and written correspondence shall constitute notice.
- Access to his or her records and files is guaranteed to every student subject only to reasonable regulation as to time, place and supervision.
- A student may challenge the accuracy of any entry or the presence of any item by bringing the equivalent of an equitable action against the appropriate person before the judicial body to which the student would be responsible under Section 1.E.
- No record may be made in relation to any of the following matters except upon the express written request of the student. The completion of an admission or employment application constitutes permission.
- Political or social views
- Membership in any organization other than honorary and professional organizations directly related to the educational process.
- No information in any student file may be released to anyone except with the prior written consent of the student concerned or as stated below:
- Members of the faculty, staff and administration may have access for internal education purposes as well as routinely necessary administrative and statistical purposes.
- The following data may be given any inquirer: school or division of enrollment, periods of enrollment and degrees awarded, honors, major field and date.
- If an inquiry is made in person or by mail, the following information may be given in addition to that in Subsection B: address and telephone number, date of birth and confirmation of signature.
- Properly identified officials from federal, state and local government agencies may be given the following information upon express request in addition to that in Subsections B and C: name and address of parent or guardian if a student is a minor and any information required under legal compulsion.
- Unless under legal compulsion, personal access to a student’s file shall be denied to any person making an inquiry.
- The Family Educational Rights and Privacy Act of 1974 provides for the denial of the release of information in Section B and C by written notification by the student. Notification shall be provided to the registrar at the beginning of each semester. Upon graduation or withdrawal from MGCC, the information contained in the student academic folder will be retained in accordance with the above policy and may be destroyed three years from the date of the student’s separation from the College.
Use of Facilities/MGCC Property
- Bulletin Boards: Glass-enclosed bulletin boards are for official use. All notices posted must have the approval of the President or, in his absence, the Vice President for Academic Affairs. All notices posted on the board will stay for a period of no more than one week. Unofficial bulletin boards in the Moomaw Center are used by the Office of Student Services. Students may place notices on these boards after securing approval from the Coordinator of Student Activities.
- Lost and Found: Found items should be turned into Student Services where they may be claimed for up to two weeks before being discarded.
- Parking Regulations: Parking space is provided for the students subject to the following regulations:
- No vehicles shall be parked on the campus more than 12 consecutive hours without prior written permission
- All motorized vehicles shall be operated in compliance with Virginia state law
- The maximum safe speed on campus is indicated by speed limit signs
- Illegal parking will be monitored by the Alleghany County Sheriff’s Department and ticketed as appropriate.
- Room Use: In order to avoid confusion in the use of rooms for extracurricular activities, all student groups requesting facilities should make application through the Student Activities Office. The request should include the name of the group, time, room number and any special facilities required. There is no charge for campus and course-related usage.
- Telephones: Office telephones should not be used by students. Student cell phones must be turned off during class and in the Library. Students should be courteous to others in their use of cell phones at all times.
- The following sanctions may be imposed upon students:
- Admonition: An oral statement to a student that he/she is violating or has violated institution rules.
- Warning: Notice orally or in writing, that continuation or repetition of conduct found wrongful, within a period of time stated in the warning, may be cause for more severe disciplinary action.
- Censure: A written reprimand for violation of specified regulations, including the possibility of more severe disciplinary sanctions in the event of the finding of a violation of any institution within a stated period of time.
- Disciplinary probation: Exclusion from participation in privileged or extracurricular institution activities as set forth in the notice for a period of time not exceeding one school year.
- Restitution: Reimbursement for damage to or misappropriation of property. This may take the form of appropriate service or other compensation.
- Suspension: Exclusion from classes and other privileges or activities as set forth in the notice for a definite period of time not to exceed two years.
- Expulsion: Termination of student status for an indefinite period.
The conditions of readmission, if any, shall be stated in the order of expulsion.
- No sanctions may be imposed for violations of rules and regulations for which there is not actual or constructive notice.
- Disciplinary Transcript Notations
Students who have been suspended for, have been permanently dismissed for, or have withdrawn from a college while under the investigation for an offense involving sexual violence under the college’s sexual misconduct policy will have a notation stating either “Suspended / Dismissed for a violation of, or withdrew while under investigation for a violation of MGCC’s sexual misconduct policy” placed on permanent records.
Furthermore, in order to alert other institutions of higher education of a student who was dismissed for exhibiting threatening or dangerous behavior, or otherwise has committed an act of misconduct, colleges may place a statement on the transcript, which shall state “Misconduct Dismissal.”
Prior to making any disciplinary notation on a transcript, MGCC shall notify the student in writing of such action and give the student the right to appeal. The appeal may be part of the college’s normal process for conduct cases.
- Generally, institutional discipline shall be limited to conduct which adversely affects the institutional community’s pursuit of its educational objectives. The following misconduct is subject to disciplinary action: All forms of dishonestly including cheating, plagiarism, knowingly furnishing false information to the institution and forgery (alteration or use of institution documents or instruments of identification with intent to defraud).
- Intentional disruption or obstruction of teaching, research administration, disciplinary proceeding or other institutional activities.
- Physical or verbal abuse of any person on institution premises or at institution sponsored or supervised functions.
- Theft from, damage to or misuse of institution premises or property or damage to property of a member of the institutional community on institution premises.
- Failure to comply with directions of institution officials acting in performance of their duties
- Violation of published institutional regulations including those relating to entry and use of institutional facilities, the rules in this Code of Conduct, computer usage and any other regulations which may be enacted.
- Unauthorized manufacture, distribution and/or possession of alcoholic beverages, illegal drugs, controlled substances, or firearms/weapons/other dangerous items, to include look a likes and replicas on campus or at campus sponsored activities. Students who violate local, state or federal laws may be referred by College authorities for criminal prosecution. Resources include the Department of Mental Health and Substance Abuse Services (1-800-451-5544).
- Violation of law on institutional premises in a way that affects the institutional community’s pursuit of its proper educational purposes.
Procedural Standards in Discipline Proceedings:
- Any academic or administrative official, faculty member or student may file charges against any student for misconduct. In extraordinary circumstances the student may be suspended pending consideration of the case. Such suspension shall not exceed a reasonable time.
- The institution may make a preliminary investigation to determine if the charges can be disposed of informally by mutual consent without the initiation of disciplinary proceedings. Such disposal will be final and there shall be no subsequent proceedings or appeals.
- All charges shall be presented to the accused student in written form and he/she shall respond within seven school days. The time may be extended for such response. A time shall be set for a hearing which shall not be less than seven or more than fifteen school days after the student’s response.
- A calendar of the hearings in a disciplinary proceeding shall be fixed after consultation with the parties. MGCC shall have discretion to alter the calendar for good cause.
- Hearings shall be conducted in such manner as to do substantial justice.
- Hearings shall be private if requested by the accused or accuser. If hearings involve more than one student, severance shall be allowed upon request.
- An accused student has the right to be represented by counsel or an adviser who may come from within or without MGCC. The adviser has no procedural standing nor any right to be heard.
- Except for such simple announcements which may be required covering the time of hearings and similar matters, public statements, including those that may be made in the classroom and publicly about a case shall be prohibited so far as possible until all proceedings have been completed.
- Any party to the proceeding may request the privilege of presenting witnesses subject to the right of cross examination by the other parties.
- Production of records and other exhibits may be required.
- In the absence of a transcript, there shall be both a digest and a verbatim record, such as a tape recording, of the hearing in cases that may result in the imposition of the sanctions of restitution, suspension or expulsion.
- No recommendation for the imposition of sanctions may be based solely upon the failure of the accused student to answer the charges or appear at the hearing. In such a case, the evidence in support of the charges shall be presented and considered.
- An appeal from a decision by the initial hearing board may be made within ten days of the decision by any party to the President or designee.
- An appeal shall be limited to a review of the full report of the hearing board for the purpose of determining whether it acted fairly in light of the charges and evidence presented.
- An appeal by the institution, in which the decision is reversed, shall be remanded to the initial hearing board for a determination of the appropriate sanctions.
- Appropriate judicial bodies as described in Section 1.E. shall be formed to handle all questions of student discipline.
- The judicial bodies may formulate procedural rules which are not inconsistent with the provision of this Code.
- The judicial bodies may give advisory opinions, at their sole discretion, on issues not before any judicial body and where no violation of institutional regulations has taken place. Such opinions shall not be binding on the party making the request nor may it be used as precedent in future proceedings.
- A judicial body may be designated as arbiter of disputes within the institutional community. All parties must agree to arbitration and agree to be bound by the decision with no right of appeal.