It looks like you're using an older version of Internet Explorer and have Javascript turned off. While we've made efforts to keep our site accessible and usable for everyone, an up to date browser with Javascript enabled will provide the best possible user experience.

Learning & Coursework

Registration

Technology

Students

Faculty & Staff

Visitors

III:00:05 Student Conduct and Disciplinary Sanctions

Purpose

The purpose of this policy is to outline Student Conduct and Discipline based on what Volunteer State Community College considers a disciplinary offense and what disciplinary sanctions can occur. Additionally, general guidelines for academic and classroom misconduct are presented along with college procedures used to resolve disciplinary issues. All information contained within this policy is in accordance with TBR Policies 3:02:00:01 and 3:02:01:00.

Policy

Volunteer State Community College (VSCC) students are considered citizens of the national, state, and local governments, and of the academic community and are, therefore, expected to conduct themselves as law-abiding members of each community at all times. Admission to VSCC 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 VSCC and the academic community which it seeks to serve, the Tennessee Board of Regents (TBR) has authorized the President of Volunteer State Community College under its jurisdiction 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 duty to provide a secure and stimulating atmosphere in which individual and academic pursuits may flourish, Volunteer State Community College adheres to the following regulations developed by the TBR which are intended to govern student conduct and which may be expanded or supplemented by VSCC subject to TBR approval. In addition, students are subject to all national, state and local laws and ordinances. If a student’s violation of such laws or ordinances also adversely affects VSCC’s pursuit of its educational objectives, VSCC may enforce its own regulations regardless of any proceedings instituted by other authorities. Conversely, violation of any section of these Regulations may subject a student to disciplinary measures by Volunteer State Community College whether or not such conduct is simultaneously violative of state, local or national laws.

Disciplinary Offenses

  1. Conduct dangerous to others. Any conduct which constitutes a serious danger to any person’s health, safety or personal well-being, including any physical abuse or immediate threat of abuse;
  2. Hazing. Participation of students in hazing activities: any intentional or reckless act, on or off institutional property, by one student, acting alone or with others, which is directed against any other student, that endangers the mental or physical health or safety of that student, or which induces treatment of a violent, abusive, shameful, insulting or humiliating nature. Such action is prohibited when connected with initiation into, affiliation with or continuing membership in a group of organization and does not include participation in customary athletic events or similar competition;
  3. Disorderly Conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs other groups or individuals;
  4. Obstruction of or Interference with Institutional Activities or Facilities. Any intentional interference with or obstruction of any institutional activity, program, event, or facilities (including computer facilities), including the following:
    1. a. Any unauthorized occupancy of institution or institutional controlled facilities or blockage of access to or from such facilities.
    2. b. Interference with the right of any institution member or other authorized person to gain access to any institution or institutional controlled activity, program, event, or facilities.
    3. c. Any obstruction or delay of a campus security officer, fireman, or any institution official in the performance of his or her duty.
  5. 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 the institution including but not limited to, 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;
  6. Theft, Misappropriation, or Unauthorized Sale. 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;
  7. Misuse of Documents or Identification Cards. Any forgery, alteration of or unauthorized use of institution 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;
  8. Firearms and Other Dangerous Weapons. Any unauthorized or illegal possession of or use of firearms or dangerous weapons of any kind. Even individuals with handgun permits may not carry handguns onto VSCC campuses; however, any law enforcement officer, policeman, bonded and sworn deputy sheriff may carry such handguns at all times pursuant to a written directive by the executive supervisor of the organization to which the person is or was attached or employed, regardless of the person’s regular duty hours or assignments;
  9. 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 substances which could be considered to be an used as fireworks;
  10. 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, at an institution-sponsored event, on property owned or controlled by an affiliated clinical site, or in violation of any term of the Volunteer State Community College Drug and Alcohol Abuse Prevention Program;
  11. Drugs. The unlawful use, possession, distribution, sale or manufacture of any drug or controlled substance (including 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 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 Volunteer State Community College Drug and Alcohol Abuse Prevention Program;
  12. Gambling. Gambling in any form;
  13. 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 or to a member of the institution community acting in an official capacity;
  14. Unacceptable Conduct in Hearings. Any conduct at an institutional hearing involving contemptuous, disrespectful, or disorderly behavior, or the giving of false testimony or other evidence at any hearing;
  15. Failure to Cooperate with Institutional Officials. Failure to comply with directions of institutional officials acting in the performance of their duties;
  16. 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;
  17. Attempts and Aiding and Abetting the Commission of Offenses. Any attempt to commit any of the foregoing offenses, or the aiding and abetting of the commission of any of the foregoing offenses (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);
  18. Violations of State or Federal Laws. Any violation of state or federal laws or regulations prescribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference.
  19. Harassment. Any act of harassment by an individual or group against a student, college employee, or campus group. Harassment shall include but not be limited to: Insults, heckling, verbal abuse, threats of physical abuse, unwanted suggestions of a sexual nature, repeated teasing or annoyance to another, repeated unsolicited phone calls made with the intent to harass or other actions intended to disturb others;
  20. Pets. With the exception of “service animals” and the exception of animals used for academic research purposes, animals are prohibited on institution or school owned or controlled facilities. The term “service animal” is defined as any animal individually trained to do work or perform tasks for the benefit of a person with a disability (e.g., a guide dog, signal dog, etc.). “Service animals” perform some of the functions and tasks that the individual with a disability cannot perform for him/herself. The institution or school may require reasonable documentation that the individual seeking the assistance of a “service animal” while on its premises, provide appropriate certification of the medical necessity for the same prior to approval.
  21. Filing a False Complaint or Statement. Any behavior whereby a student knowingly submits a false complaint or statement alleging a violation of these regulations by a student, organization, institution, or school employee.

Disciplinary action may be taken against a student for violations of the foregoing regulations which occur on institutionally owned, leased, or otherwise controlled property, or which occur off-campus when the conduct impairs, interferes with, or obstructs any institutional activity or the missions, processes, and functions of the institution. In addition, disciplinary action may be taken on the basis of any conduct, on or off-campus which poses a substantial threat to persons or property within the institutional community.

Pursuant to Tennessee legislation HB 4088, Volunteer State Community College is required to notify a parent of a student under 21 years of age if the student, “has committed a disciplinary violation with respect to the use or possession of alcohol or a controlled substance that is in violation of any federal, state or local law or of any rule or policy of the College, except as prohibited by FERPA.” Notification to parents will occur if: 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.

For the purposes of these Regulations, a “student” shall mean any person who is registered for study in any institution in the State University and Community College System of Tennessee for any academic period. A person shall be considered a student during any period which follows the end of an academic period which the student has completed until the last day for registration for the next succeeding regular academic period, and during any period while the student is under suspension from the institution.

Academic and Classroom Misconduct

  1. The instructor has the primary responsibility for control over classroom behavior and maintenance of academic integrity and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct violating the general rules and regulations of the institution. Extended or permanent exclusion from the classroom or further disciplinary action can be effected only through appropriate procedures of the institution.
  2. 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. In addition to other possible disciplinary sanctions which may be imposed through the regular institutional procedures as a result of academic misconduct, the instructor has the authority to assign an “F” or a zero for the exercise or examination or to assign an “F” in the course.
  3. If the student believes that he/she has been erroneously accused of academic misconduct and if his/her final grade has been lowered as a result, the student may initiate an appeal through the Office of the Vice President for Student Services who will fully explain all appeal options and assure due process.
  4. Disruptive behavior in the classroom may be defined as, but is not limited to, behavior that obstructs or disrupts the learning environment (e.g., offensive language, harassment of students and 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.), the continued use of any electronic or other noise or light emitting device which disturbs others (e.g., disturbing noises from beepers, cell phones, palm pilots, lap-top computers, games, etc.).
  5. Class attendance and punctuality requirements are contracted between the faculty and the students, through specific expectations for attendance and punctuality and specific consequences that are outlined by individual faculty members in the printed syllabus for each course.

Students are expected to attend classes regularly and on time and are responsible for giving explanations/rationale for absences and lateness directly to the faculty member for each course in which they are enrolled.

In cases where student absences are the result of emergency circumstances (e.g., death in the family, a student’s serious injury or incapacitating illness), for which students are unable to make immediate contact with faculty, the student may contact the Office of the Vice President for Student Services for assistance in providing such immediate notification to faculty. However, the student remains responsible for verifying the emergency circumstances to faculty and for discussing arrangements with faculty for completion of course work requirements.

Disciplinary Sanctions

  1. Restitution. A student who has committed an offense against property may be required to reimburse the institution or other owner for damage to or misappropriation of such property. Any such payment in restitution shall be limited to actual cost of repair or replacement.
  2. Warning. The appropriate institutional official may notify the student that continuation or repetition of specified conduct may be cause for other disciplinary action.
  3. Reprimand. A written reprimand, or censure, may be given any student or organization whose conduct violates any part of these Regulations. Such a reprimand does not restrict the student in any way but does have important consequences. It signifies to the student that he/she is in effect being given another chance to conduct himself/herself as a proper member of the institution community, but that any further violation may result in more serious penalties.
  4. Restriction. A restriction upon a student’s or organization’s privileges for a period of time may be imposed. This restriction may include, for example, denial of the right to represent the institution in any way, denial of use of facilities, parking privileges, participation in extracurricular activities, or restriction of organizational privileges.
  5. Probation. Continued enrollment of a student on probation may be continued upon adherence to these regulations. Any student placed on probation will be notified of such in writing and will also be notified of the terms and length of the probation. Probation may include restrictions upon the extracurricular activities of a student. Any conduct in violation of these regulations while in probationary status may result in the imposition of a more serious disciplinary sanction.
  6. Suspension. If a student is suspended, he/she is separated from the institution for a stated period of time with conditions of readmission stated in the notice of suspension.
  7. Expulsion. Expulsion entails a permanent separation from the institution. The imposition of this sanction is a permanent bar to the student’s readmission to the institution.
  8. Interim or Summary Suspension. Though as a general rule, the status of a student accused of violations of these regulations should not be altered until a final determination has been made in regard to the charges against him/her, summary suspension 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, or of any other member of the institution community or its guests, destruction of property, or substantial disruption of classroom or other campus activities. In any case of immediate suspension, the student shall be given an opportunity at the time of the decision or immediately thereafter to contest the suspension, and if there are disputed issues of fact or cause and effect, the student shall be provided a hearing on the suspension as soon as possible.
  9. Counseling/Rehabilitative Treatment. Counseling sessions with Volunteer State Community College personnel or mandatory participation in, and satisfactory completion of, a drug or alcohol abuse program or rehabilitation program may be recommended.

Disciplinary Procedures

The principle of due process in student discipline is assured at Volunteer State Community College. Any student accused of a disciplinary offense or academic misconduct will be afforded an opportunity to contest the charge through procedures initiated by and coordinated with the Vice President for Student Services.

Tennessee Uniform Administrative Procedures Act (TUAPA). All cases which may result in (i) suspension or expulsion of a student from the institution for disciplinary reasons, (ii) assignment of a grade which results in the grade of “F” in a course for academic misconduct, or (iii) revocation of registration of a student organization during the term of the registration are subject to the contested case provisions of the Tennessee Uniform Administrative Procedures Act and shall be processed in accordance with the uniform contested case procedures adopted by the Board of Regents unless the student waives those procedures in writing and elects to have his/her case disposed of in accordance with College procedures established by these rules.

College Procedures

The Vice President for Student Services is responsible for the enforcement of the College student disciplinary rules and procedures. The Vice President for Student Services shall call the accused student to a preliminary conference where the student shall be apprised of his/her basic rights as stated in these rules.

(a). Hearing Alternatives. If a student denies guilt, the student shall be advised of his/her opportunity to elect the procedure he/she wishes to pursue toward the disposition of a proposed action against him/her as specified below:

1. Hearing before Vice President for Student Services. The Vice President for Student Services shall hold a hearing, observe the procedures described in section, College Hearing Procedures below, consider all evidence, determine the facts, render a decision and impose appropriate disciplinary sanctions as necessary. Hearings under this procedure shall be available to students charged with any violation of College rules; provided, however, the Vice President for Student Services may refer any disciplinary case to the Ad Hoc Committee on Student Discipline if fairness and justice would require referral;

  1. Hearing before College Ad Hoc Committee on Discipline Pursuant to College Procedures. The Ad Hoc Committee on Discipline shall hold a hearing, observe the procedures described in College Hearing Procedures below, consider all evidence, determine the facts, render a decision and impose appropriate disciplinary sanctions as necessary. Hearings under this procedure are available to students charged with any violations of College rules.
  2. Hearing before College Ad Hoc Committee on Discipline Pursuant to TUAPA. The Ad Hoc Committee on Discipline shall hold a hearing in accordance with uniform contested case procedures adopted by the Tennessee Board of Regents. Hearings under these procedures are available in all cases which may result in (i) suspension or expulsion of a student from the institution, a program, or a course for disciplinary reasons, or (ii) revocation of recognition of a student organization for disciplinary reasons and shall be utilized unless the student waives those procedures in writing and elects to have his/her case disposed of in accordance with other procedures established by these rules.

(b). College Hearing Procedures. In all disciplinary hearings conducted before the Vice President for Student and the Ad Hoc Committee on Discipline, other than cases conducted pursuant to the contested case provisions of the Tennessee Uniform Administrative Procedure Act, the following procedures shall be observed:

  1. The student shall be advised on the time and place of the hearing at least five (5) days prior to the hearing;
  2. The student shall be advised of the breach of rules or regulations of which he/she is charged;
  3. The student shall be advised of the following rights:
    1. The right to present his/her case;
    2. The right to be accompanied by an advisor whose participation shall be limited to counseling the student and shall not include representation;
    3. The right to call witnesses on his/her behalf; and,
    4. The right to confront witnesses against him/her; and,
  4. The student shall be advised of the right and method of appeal.

(c). Appeal Procedures.

1. Appeal from Decisions of the Vice President for Student Services.

  1. A student who wishes to challenge the disciplinary sanctions imposed by the Vice President for Student Services must file a Petition for Appeal of Disciplinary Sanctions with the Chairman of the Ad Hoc Committee on Discipline.
  2. The petition may be secured from the Office of the Vice President for Student Services and must be filed within forty-eighty (48) hours after sanction(s) was/were imposed.
  3. The Committee shall consider the grounds of the student’s appeal toward determining:
    1. Was due process followed?
    2. Was the evidence in the case substantial enough to justify a decision against the student as imposed by the Vice President?
    3. Has new and substantial evidence become discovered to justify a probable reversal of the previous decision?
    4. Was the sanction imposed by the Vice President in keeping with gravity of the wrong doing?
  4. The Committee shall secure and review all evidence of record in the case and render a decision.
  5. The Committee shall notify the student, in writing, that his/her petition has been granted or denied.
  6. Appeal from decisions of Ad Hoc Committee on Discipline (Hearing Held Pursuant to College Procedures. A student may appeal the decision of the Ad Hoc Committee on Discipline in a hearing held pursuant to College procedures to the President of the College. The decision of the President shall be final subject only to any appeal provided by policies of the Tennessee Board of Regents.
  7. Appeal from Decisions of Ad Hoc Committee on a Discipline (Hearing Held Pursuant to TUAPA). A student’s right to appeal a decision of the Ad Hoc Committee on Discipline in a hearing held pursuant to the TUAPA shall be governed by the provisions of the Tennessee Uniform Administrative Procedures Act.

(d). Privacy of Disciplinary Proceedings. Personal confidences and the identities of students involved in disciplinary proceedings will be protected to the extent reasonably possible.

(e). Cases of Alleged Sexual Assault. In all cases involving alleged sexual assault, both the accuser and the accused shall be informed of the following:

  1. Both the accuser and the accused are entitled to the same opportunity to have others present during a disciplinary proceeding;
  2. Both the accuser and the accused shall be informed of the outcome of any disciplinary proceeding involving allegations of sexual assault.

Sexual, Racial or Other Harassment

Sexual harassment and racial harassment have been held to constitute a form of discrimination prohibited by Title VII of the Civil Rights Act of 1964 and Title IX of the Education amendments of 1972. Other types of harassment are prohibited by applicable law. Volunteer State Community College prohibits all acts of harassment and will properly investigate and remedy claims of sexual or racial harassment.

Sexual harassment is defined as unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when one of the following criteria is met:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of the student’s employment or of the student’s status in a program, course, or activity;
  2. Submission to or rejection of such conduct by a student is used as a basis for employment decisions, a criterion for evaluation, or a basis for academic or other decisions affecting such a student; or
  3. Such conduct has the purpose or effect of unreasonably interfering with a student’s work performance or educational experience or creating an intimidating, hostile or offensive work or educational environment. Whether the alleged conduct constitutes sexual harassment depends upon the record as a whole and the totality of the circumstances, such as the nature of sexual advances in the context within which the alleged incident occurred.

Racial harassment is defined as any person’s conduct which unreasonably interferes with a student’s status or performance by creating an intimidating, hostile, or offensive work or educational environment. Harassment on the basis of race, color, or national origin, includes offensive or demeaning treatment of an individual, where such treatment is based typically on prejudiced stereotypes of a group to which that individual may belong. It includes, but is not limited to, objectionable epithets, threatened or actual physical harm or abuse, or other intimidating or insulting conduct directed against the individual because of his/her race, color, or national origin.

Other harassment is defined as harassment on the basis of religion, disability, or other protected status includes any conduct which has the purpose or has the reasonably foreseeable effect of interfering with a student’s academic efforts, employment, or participation in institutionally sponsored activities. Such harassment also includes any activity which creates an intimidating, hostile or demeaning environment.

Any student who believes he or she has been subjected to harassment by a VSCC student or VSCC employee shall present the charge to the Vice President for Student Services and follow the Student Complaint procedures as outlined in VSCC Policy III:00:06.

TBR Source: 3:02:00:01: SBR Meetings, December 2, 1977; March 3, 1978; March 18, 1983; September 30, 1983

TBR Source: 3:02:01:00: SBR Meetings, August 17, 1973; September 30, 1983

VSCC Source: November 3, 2008, President’s Cabinet