Each student at Fond du Lac Tribal and Community College has the right to an education, and it is the responsibility of the college to provide an environment that promotes learning. Any action by a student that interferes with the education of any other student or interferes with the operations of the college in carrying out its responsibility to provide education will be considered a violation of this code. Disciplinary action will be handled in an expeditious manner while providing due process.
Fond du Lac Tribal and Community College have established a code of student conduct that states its student conduct policies and its procedures for the administration of student conduct proceedings. Hazing, whether occurring on or off-campus, is included in FDLTCC’s list of prohibited behavior. Students shall be afforded appropriate due process in the resolution of any allegation(s) of violations of the code of student conduct. Students found responsible for violations are subject to sanctions, which is more serious cases may include removal from student housing or suspension or expulsion from the college. Annually, and upon amendment, FDLTCC shall notify its students of the availability and location of the code of conduct and a copy of the code shall be posted at appropriate locations on campus and on the college website. Allegations of discrimination, harassment, sexual violence, fraud or dishonest acts as defined in Board Policy 1C.2 shall be resolved pursuant to Board policy. Allegations of academic dishonesty may be resolved under separate procedures in accordance with FDLTCC’s policy.
Fond du Lac Tribal and Community College may hold students accountable for a violation of the behavioral proscriptions contained in their Student Codes of Conduct committed off-campus when:
Part 3. Appeal
Students found to be responsible for a conduct violation shall be provided an avenue of appeal within the institution. In addition, in cases involving sanctions of suspension for 10 days or longer, students shall be informed of their right to a contested case hearing under Minnesota State Statute 14.
Part 4. Procedures
The chancellor shall establish procedures to implement this policy. The student conduct codes and procedures of the college and universities shall comply with Policy 3.6 and Procedure 3.6.1.
Part 1. Introduction
Procedure 3.6.1 shall implement Policy 3.6 Student Conduct. The Student Code of Conduct applies at all locations of FDTLCC and all college activities wherever located. Student organizations are subject to the college code of conduct and to the process in Part 3 of this procedure.
Part 2. Definitions
For purposes of Policy 3.6 and Procedure 3.6.1 the following definitions apply:
Subpart A. Expulsion
Permanent denial of the privilege of enrollment at the college.
Subpart B. Hazing
An act which endangers the mental or physical health or safety of a person, subjects a person to public humiliation or ridicule, or which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a student group, organization, or athletic team.
Subpart C. Preponderance of evidence
A standard of responsibility that it is more likely than not that the code has been violated.
Subpart D. Student
The term ‘student’ includes all persons who:
Subpart E. Summary suspension
A suspension imposed without a formal hearing to ensure the safety and well being of members of the college community.
Subpart F. Suspension
Denial of the privilege of enrollment for a specified period of time after which the student is eligible to return. Conditions for re-enrollment may be specified.
Part 3. Contents of Code of Student Conduct
Code of student conduct shall include:
Subpart A. Notification
Students participating in on-site orientation shall be provided a hard copy of the code of conduct.
Subpart B. Student Responsibilities
A statement of student responsibilities as members of the college community.
Students are responsible for knowing of and abiding by all the rules and regulations of Fond du Lac Tribal and Community College. Many of these rules and regulations are simply extensions of those existing in the larger community, and some are unique to the college setting. These rules and regulations apply to both campus and off-campus college-sponsored activities. Violations of these rules and regulations may result in disciplinary action.
Subpart C. Proscribed Behavior
Violations will include, but not be limited to, the following:
-Intentionally or recklessly interfering with college or college-sponsored activities including, but not limited to, teaching, research, college administration, fire, police or other emergency services, ceremonial events, scheduled interviews, extracurricular activities or other functions on college premises or officially-arranged college activities off-campus.
– Intentionally, recklessly or negligently causing physical harm to any person. This includes engaging in any form of fighting.
– Physically detaining or restraining any other persons or removing such persons from any place where they are authorized to remain.
– Intentionally, recklessly or negligently placing any person under mental duress or causing any person to be in fear of physical danger through verbal abuse, harassment (including repeated phone calls), sexual harassment, hazing, intimidation, threats or other conduct which threatens or endangers that person’s emotional, mental or physical well-being.
– Criminal sexual behavior including, but not limited to, the implied use or threatened use of force to engage in any sexual activity against a person’s will and/or engaging in such behavior with a person who is unconscious, substantially mentally impaired (including intoxicated); intentionally touching another person’s genitals, buttocks, or breasts without the person’s consent; indecent exposure; voyeurism.
– Use or possession of weapons unless expressly authorized by the college. “Weapon” is broadly defined to include, but is not limited to, all firearms (including BB guns), dangerous knives, explosives, explosive fuels, dangerous chemicals, billy clubs, and fireworks.
– Intentionally or recklessly activating a fire alarm without cause; damaging fire safety equipment or initiating a false report; warning or threat of fire, explosion or other emergencies.
– Use, possession or distribution of any controlled substance or drugs and/or drug paraphernalia.
– Use, possession or distribution of alcohol except as expressly permitted by college policy.
– Reporting to campus or to a campus-sponsored activity while under the influence of a controlled substance, except as prescribed by a physician, which affects alertness, coordination, reaction, response, judgment, decision making, or safety.
– Use of tobacco on campus that violates the Minnesota Clean Indoor Air Act or the local no-smoking ordinance established by Carlton County. The act prohibits smoking or use of other tobacco products in public places and at public meetings except in designated smoking areas. This law has been interpreted to apply to Fond du Lac Tribal and Community College as follows: smoking or use of other tobacco products is not permitted in any college building used by the public or serving as a place of work except in designated smoking areas. This applies to classroom, hallways, lounges, auditorium, reception areas, entrances, and any portion of college buildings except in designated posted smoking areas. Smoking is also prohibited in all college vehicles.
– Knowingly furnishing false information to college personnel, or the knowledgeable passing of insufficient funds check or fraudulent money order in payment of any financial obligation to the college.
– Forgery, unauthorized alteration or unauthorized use of any college document or instrument of identification.
– Theft, attempted theft, unauthorized borrowing or use of any college property or service wherever located, or the theft, attempted theft, or unauthorized borrowing or use of public or private property.
– Possessing, making, or causing to be made any key to operate locks or locking mechanisms without proper authorization, including using or giving to another a key for which there has been no proper authorization.
– Unauthorized presence in, or use of college premises, facilities or property.
– Refusing to depart from any property or facilities of the college upon direction by college officials or other persons authorized within the regulation of the college.
– In-line skating, roller skating, or skateboarding in all college buildings.
– Unauthorized or fraudulent use of college facilities, telephone system, mail system, computer system, or use of any of the above for any illegal act or any act prohibited by the Code of Conduct.
– Deliberate destruction of, damage to, malicious use of, or abuse of property, wherever located, or the deliberate destruction, damage to or malicious use of public or private property.
– Failure to comply with the directions of college officials including, but not limited to, faculty or administrators acting in the performance of their duties; failure to present identification upon request of college personnel in the performance of their duties.
– Gambling for money or other things of value on campus or at college-sponsored activities except as permitted by law.
– Falsely claiming to represent the college or a student organization of the college.
– Actions, which unreasonably interfere, obstruct or prevent the regular and essential operations of the college or infringe upon the rights of others to freely participate in its programs and services. This may include, but is not limited to, intentionally and substantially interfering with the freedom of expression of others; participating in a campus demonstration which disrupts the normal operations of the college, intentionally obstructing or interfering with the freedom of pedestrian or vehicular movements on campus.
– Violation of published College policies, rules or regulations including, but not limited to, smoking, solicitation, distribution of literature, sexual harassment, and amplification and loudspeaker use.
– Parties and/or large gatherings, which disturb the peace of the campus community or off-campus neighborhoods.
– Apparent or alleged violation of local ordinances, federal or state laws where said violation poses a substantial threat to the safety and/or welfare of campus community members.
– Attempts and complicity: attempts to commit acts prohibited by this code, or encouraging others to commit acts prohibited by this code will be punished to the same extent as if one had committed the prohibited act.
– Interfering with the judicial procedures or outcomes including, but not limited to, falsification, distortion or misrepresentation of information before a hearing officer or judicial panel; knowingly initiating a complaint without cause or failure to comply with the sanction(s) imposed by either a hearing officer or administration.
– Hazing, “an act which endangers the mental or physical health or safety of a person, subjects a person to public humiliation or ridicule, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group, organization, or athletic team.”
Subpart D. College Sanctions
The following sanctions may be imposed for misconduct:
Warning. Issuance of a written warning, admonition, or reprimand, and may include a referral for counseling.
Probation. Continuance at the college, but only under special conditions for a specified period of time.
Loss of Privileges. Denial of specified privileges for a designated period of time or exclusion from participation in the extracurricular activities of the college, including the holding of any student office, for a period of time not to exceed one academic year.
Restitution. Required reimbursement for damage to or misappropriation of property. This may take the form of appropriate services or other compensation.
Discretionary sanctions. Work assignments, service to the college, counseling or referral to community agencies, rehabilitative programs, or other related discretionary assignments. Failure to participate as directed may result in the imposition of additional sanctions.
Confiscation. Confiscation of property or goods used or possessed in violation of college rules and may not be subject to return to the student.
Trespass. Denial of rights to access the college premises or specified areas within the college, either permanently or within a specified period of time.
Administrative and legal sanctions up to and including expulsion and referral for prosecution may be imposed on students who violate local, state or federal law.
Suspension. Denial of the privilege of enrollment for a specified period of time, after which the student is eligible to return. During this time the student cannot qualify for graduation, register for or attend classes or other college functions.
Summary Suspension. A suspension imposed without an informal or formal hearing to ensure the safety and well being of members of the college. This shall include an oral or written statement from the chief student affairs officer or designee that the student is violating or has violated college rules and may be subject to more severe sanctions.
Expulsion. Permanent denial of the privilege of enrollment at the college. More than one of the sanctions listed above may be imposed for any single violation. Other than college suspension or expulsion, disciplinary sanctions shall not be made part of the student’s permanent academic record but shall become part of the student’s confidential record.
NOTE: Disciplinary suspensions or expulsions. In accordance with Minnesota State System Procedure 3.29.1, suspensions or expulsions for disciplinary reasons shall be noted on the official transcript with a two-line message. For a suspension, the first line shall read “Disciplinary Suspension” and the second line “Eligible for Reinstatement ‘Term, Year.'” Expulsion shall be noted by a first-line reading “Disciplinary Expulsion” and the second line reading “Not Eligible for Reinstatement.” The disciplinary suspension notation shall be removed from the transcript following the date when the student becomes eligible for reinstatement, while the disciplinary expulsion notation is permanent.
Subpart E. Student Rights and Due Process
Disciplinary action against individual students or groups of students must be administered in the context of a unified and coordinated set of campus regulations and processes to ensure fair, equitable and legal outcomes. Each person involved in the administration of the Student Code of Conduct of Fond du Lac Tribal and Community College will set as a goal the fair, objective and humane approach in all conduct cases. Consistent treatment in disciplinary action is another goal. Each case, however, must be recognized as a highly individual matter, and consistency for the sake of consistency should not be the dominant concern.
Those involved in administering the Student Code of Conduct should be aware that their efforts are primarily directed toward:
– Protecting the integrity and order of the institution, and the morale and reputation of faculty, students and staff.
– Educating the student involved with the conduct process so that he/she may learn to discipline himself/herself and accept responsibilities of membership in the college community.
– Helping the student gain insight into the reasons and consequences of his/her behavior so that he/she may cope with future difficult situations more successfully.
The administration of the Student Code of Conduct shall also guarantee procedural fairness to an accused student. Practices in disciplinary cases may vary informality with the gravity of the alleged offense and the potential sanctions, which may be applied. Sanctions shall be commensurate with the seriousness of the offense and may include suspension/expulsion from the college community. Repeated violations justify increasingly severe sanctions. In all cases, procedural fair play requires that a student charged with misconduct be informed of the nature of the charges, given a fair opportunity to refute them, that the institution is not arbitrary in its actions, and that there be provision for appeal of a decision. Therefore, persons making charges are required to provide pertinent information in writing and, if necessary, appear at a hearing.
Subpart A. Investigation and informal process
Any member of the college community may file a written complaint alleging that a student or organization has violated student conduct proscriptions. Institutional policies may provide for the filing of complaints by others under certain conditions. Persons filing complaints shall be informed of their rights under the Minnesota Statute 13.04, subdivision 2. Following the filing of a complaint against a student, the person responsible for administering the code (in this policy, referred to as the “administrator” or designee) shall conduct an investigation of the allegations. The institution’s process shall include the following:
– If the complaint seems unwarranted, the administrator or designee may discontinue proceedings.
– If there is sufficient evidence to support the complaint, the administrator or designee shall offer the accused student an opportunity to resolve the alleged violation at an informal meeting. Prior to this meeting, the student shall be given written notice of the specific complaint against him/her and the nature of the evidence available to support the complaint and provided with a copy of the code of conduct. During the meeting, the administrator or designee shall review the complaint and the evidence with the student and allow the student to present a defense against the complaint. Within a reasonable time period following the meeting, the administrator or designee shall inform the accused student in writing of his/her decision whether a violation of the code was established by a preponderance of evidence and any applicable sanction as well as options available for an appeal and/or a formal hearing. The accuser’s rights related to no contact, restraining, and protective orders will be determined by the administration to ensure campus safety and well being with the accused or the possibility of the accused going through due process or summary suspension.
– A student who is subject to a sanction of expulsion or suspension, except summary suspension, for more than nine days may agree to accept the sanction or may request a formal hearing prior to the implementation of the sanction. Other sanctions shall be accepted or may be appealed in accordance with the institution’s appeal procedures.
– If the accused student fails to appear for the informal hearing, the administrator or designee may proceed to review and act upon the complaint in his/her absence and shall notify the student in writing of an action taken.
Subpart B. Formal hearing and due process rights
The formal hearing procedure, including the composition of the Judicial Board, shall be developed by FDLTCC. The panel shall include the chief student affairs officer or designee, two students, appointed by the Student Senate and Anishinaabe Student Congress, one faculty member appointed by the Faculty Association, and one person appointed by the president. Students serving on the Judicial Board shall serve a one-year term and may be reappointed for a second term. Members shall not serve more than two consecutive terms. The chief student affairs officer or designee shall provide appropriate training to the Board. The members shall elect a chair who shall preside over judicial hearings and a vice-chair who shall preside in the chair’s absence. A majority of the full membership of the Judicial Board shall constitute the quorum necessary to hear any case. When a case is referred to the Judicial Board, the chief student affairs officer or designee shall forward to the Board:
– A statement describing the alleged violation of the Student Code of Conduct;
– The name and address of the student charged;
– The name and address of the complainant; and
– All relevant facts and statements, including the names and addresses of witnesses to the alleged violation.
– Students referred for a formal hearing shall be given adequate advance notice in writing of the time, place, and date of the hearing. A student’s failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled.
– Within a reasonable time prior to the hearing, the student must be informed in writing of:
– the complaint,
– the evidence to be presented against him/her,
– a list of witnesses, and
– the nature of their testimony.
Admission of any person to the proceeding shall be at the discretion of the Judicial Board.
In proceedings involving more than one accused student, the Judicial Board may at its discretion permit the proceedings concerning each student to be conducted separately.
Judicial Board proceedings shall be conducted in the following manner:
– The chief student affairs officer or designee shall first present the charges and supporting evidence, including the testimony of any witnesses. The accused student shall have the opportunity to challenge evidence and to ask questions of any witnesses introduced by the administrator or designee. The complainant shall be available for testimony.
– The accused student shall next present evidence or testimony to refute the charges. The administrator or designee may challenge evidence presented by the student and may ask questions of witnesses introduced by the student.
– Only those materials and matters presented at the hearing shall be considered as evidence. The chair shall exclude irrelevant, immaterial, or unduly repetitious evidence.
– Hearings shall be held in closed session unless the Judicial Board determines there is a compelling reason for the hearing to be open and neither the accused student nor the complainant presents an objection.
– The student shall be given the opportunity to speak in his/her own defense, and to question any witnesses and may have an advocate present. The advocate may provide advice to the student, but may not participate in any questioning. When there is a likelihood that a student involved in conduct proceedings shall face criminal prosecution for a serious offense, it may be advisable that the student has an attorney as the advisor.
– The hearing shall be audiotape recorded, and the tape shall be kept on file in the Dean of Student Services or designee’s office for a period of three years.
Upon conclusion of the hearing, the Judicial Board in closed session shall consider the evidence presented and decide by majority vote to exonerate the student or to impose one of the sanctions stated in the policy.
A written notice of findings and conclusions shall be provided to the student within five working days after the hearing. The notice shall inform the student of any sanction to be imposed. The notice shall also contain information regarding any applicable appeal process.
Subpart C. Appeals
Following the panel’s decision, a student may request an appeal hearing before the president. The request for an appeal to be heard must be submitted in writing to the chief student affairs officer or designee within five days of the date of the notification of the decision. The chief student affairs officer or designee will forward the information to the president. Failure to file an appeal or request an extension in a timely manner constitutes a waiver of any right to an appeal.
The basis for an appeal will be limited to the following grounds:
– The sanction is excessively severe.
– New or newly discovered evidence of nature, which may substantially affect the outcome of the hearing.
– There was a procedural error, which substantially affected the outcome of the hearing. The appeal letter will be reviewed and, if there is adequate reason to believe that one or more of the grounds for appeal has merit, an appeal hearing will be scheduled between the accused student and the president. A student’s attorney or advocate may attend this meeting if criminal charges are pending against the student. In the event that new evidence is relevant to the outcome of the decision, the president may request a rehearing by the original panel. The president will render a decision and notify the student in writing within five days of the appeal hearing.
Subpart D. Chapter 14 Contested Case Hearing
Students who are suspended for more than ten days or are expelled may request a contested case hearing before an administrative law judge supplied by the Minnesota State Hearing Examiner’s Office in Saint Paul, Minnesota. The hearing officer will issue a recommendation to the President of the college who will make the final decision.
In certain circumstances, the administrator may impose a summary suspension prior to the informal or formal proceedings described in the previous articles. A summary suspension may be imposed only when, in the judgment of the administrator, the accused student’s presence on the college campus would constitute a threat to the safety and well being of members of the campus community. To the greatest extent possible before implementing the summary suspension, the accused student shall be given oral or written notice of the intent to impose summary suspension and shall be given an opportunity to present oral or written arguments against the imposition of the suspension. However, the refusal of a student to accept or acknowledge this notice shall not prevent the implementation of a summary suspension. Notice of the summary suspension shall be provided in writing to the student. After the student has been summarily suspended, the student shall be provided an opportunity for a formal or informal hearing within the shortest reasonable time period, not to exceed nine (9) school or business days.
During the summary suspension, the student may not enter the campus without obtaining prior permission from the administrator.
Section 2: Academic Honesty and Classroom Conduct
The primary academic mission of Fond du Lac Tribal and Community College is the exploration and dissemination of knowledge. Academic honesty and integrity are integral to the academic process. Academic dishonesty, cheating, plagiarism, and collusion, are serious offenses which undermine the educational process and the learning experience for the entire college community.
Fond du Lac Tribal and Community College students are expected to understand and adhere to the concept of academic integrity and to the standards of conduct prescribed by the college’s policy on Academic Honesty. Students are expected to assume responsibility for their work, and student materials submitted in fulfillment, of course, program, and college academic requirements must represent students’ own efforts. Any act of academic dishonesty attempted by a student at Fond du Lac Tribal and Community College is unacceptable and will not be tolerated.
The prevailing forms of academic dishonesty are cheating, plagiarism, collusion, and the submission of false information regarding admission, readmission, and academic appeals of petitions.
Cheating in the instructional setting is the unauthorized use or exchange of information by students in meeting academic standards or requirements. Examples include but are not limited to the following:
Plagiarism is representing another person’s words or ideas as one’s own without proper attribution or credit. Other people’s words or ideas must be given adequate documentation whether used in a direct quotation or in summary or paraphrase. Plagiarism includes but is not limited to quoting written or oral materials without citation on an exam, term paper, homework, or other written materials or oral presentations for academic requirements; submitting a paper purchased from a term paper service as one’s own; submitting anyone else’s work as one’s own. Any form of plagiarism constitutes an act of cheating.
Collusion is an agreement by two or more people to commit an act of academic dishonesty. The College will not attempt to distinguish between students who cheat or plagiarize and those who allow such behaviors to occur. A student who intentionally assists another in the act of cheating or plagiarism is subject to disciplinary action for abetting academic dishonesty.
A course instructor convinced that an act of academic dishonesty has occurred, has the authority to implement any of the following responses:
– assignment of a substitute and/or additional work
– lowering the grade for the assignment and/or course
– failure of and/or dismissal from the course.
The instructor will inform the chief academic officer who will determine if further disciplinary action is warranted.
A student who wishes to appeal a penalty imposed by an instructor may submit an appeal in writing. The appeal will be given to the chief academic officer. Students must submit complete and accurate information regarding an academic appeal.
If a student wishes to appeal a decision made by a vice president or designee, the matter shall be referred to the Student Judicial Board for further review.
The Student Judicial Board has the following authority to:
Possible actions by the Student Judicial Board:
In hearing cases of academic dishonesty, the Judicial Board will observe formal hearing procedures described in the Student Conduct Policy.
All participants shall observe strict rules of confidentiality, i.e. discussion shall be confined to the hearing room and no individual member shall discuss procedures or findings with the parties involved. The written notification will serve as the sole means of communication with involved parties.
Students may appeal the Student Judicial Board decision to the president who will consult with the appropriate administrator(s) in arriving at a final decision.
Beyond the act of academic dishonesty, there are other modes of conduct that serve to undermine the academic success of students during classroom instruction. Therefore, students are prohibited from impeding an environment conducive to learning, whether it be during traditional instruction, instruction through technological means, instruction within a learning center, instruction by way of tutoring, or instruction by way of individual study on the campus of Fond du Lac Tribal and Community College. Hence, any student who is found to disrupt the educative process of other students is subject to sanctions as described in the Student Conduct Code Policy. The formal judicial process for academic misconduct violations is outlined in Part 4. Subpart B of the Student Conduct Policy. Academic misconduct, as so referenced, includes, but is not limited to, the following:
– Being openly disruptive.
– Talking to classmates independent of class discussion.
– Talking in a manner, which obstructs, prevents or interferes with classroom instruction.
– Disregarding verbal and/or written instruction in relation to expected codes of conduct during classroom instruction.
– Initiating or participating in inappropriate conduct that disrupts classroom activities.
– Using any device that causes disturbance inside or outside the classroom during instruction, i.e. cell phones, texting, etc.
– Continuing to engage in inappropriate interaction with the instructor and/or to classmates after a student has been directed to stop adverse behavior.
A faculty member has the right to remove a student from a class session prior to activating the informal judicial process if that student is interfering with the learning environment and the rights of other students. If a faculty member believes that misconduct warranting discipline has occurred, he/she shall inform the student concerned, both in writing and orally, and offer to confer. If the student foregoes such a conference, or if after the conference the faculty member remains convinced that misconduct warranting discipline has occurred, he/she may, among other options, treat any work in question or an entire course as unsatisfactory, informing the student thereof in writing. Additionally or alternatively, the faculty member may refer the matter to the vice president of academic affairs.
If the chief academic officer determines that sufficient cause exists to warrant consideration of additional discipline or removal from the class, the vice president of academic affairs may initiate formal hearing procedures as outlined in Part 4. Subpart B of the Student Conduct Code Policy. NOTE: The student may initiate formal hearing proceedings at any time.
If the student is not satisfied with the results of the formal hearing process, the student may appeal to the college president as outlined in Part 4. Subpart C of the Student Conduct Code Policy.
Fond du Lac Tribal and Community College will not release to the media the results of the outcomes of disciplinary procedures resulting from its student disciplinary investigations, including those which involve criminal offenses. Such records may be released to government agencies exercising jurisdiction.
Implemented: January 2009
Records pertaining to students’ histories of student conduct shall be kept for a minimum of five years and kept separate from students’ regular records. The only persons having access to these records shall be the president, the chief student affairs officer, chief academic officer, and the student conduct coordinator. Any other person who wishes to review these files must have permission from the chief academic officer or chief student affairs officer.
Date Proposed: 6/11/98
Date Approved: 6/11/98
Date Implemented: 7/1/98
Date of Most Recent Revision: 5/18/2019 (Previous Revisions: 4/27/2011)