Student Code of Conduct

Student Code of Conduct

Student Code of Conduct

The purpose of the Student Code of Conduct at Kellogg Community College (“KCC” or “College”) is to foster a positive and safe learning environment for the College community by clearly articulating conduct prohibited by the College and identifying the rights of individuals in the process consistent with that purpose. The College makes reasonable efforts to foster the personal and social development of those students who are held accountable for violations of the Student Code of Conduct, or any KCC policies and regulations, by providing due process and educational responses to violations of policies. The College will encourage all parties involved in a violation to engage in a restorative process to repair harm, when appropriate and agreed upon by all parties.

Definitions

Advisor: A person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and assist a party with a hearing if required by grievance proceedings.
Business days: Monday through Friday, excluding days when the College is not open.
College officials: An employee designated to address a conduct-related issue(s).
College-sponsored events or activities. Any event, program, or activity that is organized, endorsed, funded, or officially supported by the College.
Criminal activity: Any alleged violation of local, state or federal criminal laws.
Employee: Anyone employed by KCC as faculty or staff, on a full-time or part-time basis.
External events or activities. Any event held on- or off-campus that is not organized, endorsed, funded, or officially supported by the College.
On-campus/college property: All property owned, controlled, rented or leased by KCC, including short term or facilities rentals.
Property belonging to KCC: All land, buildings, facilities or other grounds or structures, including adjacent streets and sidewalks, or any item in possession of or owned, used, loaned, leased, maintained or controlled by KCC or funded by KCC budgets, including computers and network systems, library materials, classrooms and laboratories used for KCC purposes.
Preponderance of the Evidence: The standard of evidence applied in determining a violation of this policy. Generally considered to be “more likely than not” or “the greater weight of the evidence”.
Reporting Party: The person alleging a policy violation.
Responding Party: Student who is alleged to have violated one or more policies.
Registered Student Organization: A group of students who are registered or have been officially recognized by the College.
Student: The term “student” includes persons who have been issued a student number at Kellogg Community College and are: a) admitted and show intent to enroll, or, b) currently enrolled, or, c) dual enrolled or Early Middle college students, or, d) withdrawn from a specific course or the College after allegedly violating the Student Code.
Support Person: A support person for the reporting or responding party may be a parent, friend, counselor, or other individual who did not witness the incident in question. Their function is to provide support while not participating directly in the process.
Third-Party Reporter: An individual who reports an alleged violation, but who is not the recipient of such actions.
Volunteer: Any person who volunteers at KCC.

Jurisdiction

This Student Code of Conduct applies to:

The on-campus conduct of all students and registered student organizations.
The off-campus conduct and electronic communication of students and registered student organizations in direct connection with the use of college resources, including the campus computer network; academic course requirements, such as internships, field trips, international study or experiential learning activities; any activity supporting the pursuit of a certificate or degree, such as research at another institution; any activity sponsored, conducted, or authorized by KCC or by registered student organizations, or when otherwise representing KCC.
Off-campus conduct that negatively impacts KCC such as threats of violence or physical harm, unlawful harassment or other conduct which may have a negative impact or may place the KCC community (inclusive of students, employees or volunteers) at risk.
Any activity that causes substantial risk of destruction of property belonging to KCC or causes serious risk of harm or endangers the health or safety of members of the KCC community, including students, employees, volunteers,and members of the public when participating in KCC events or activities.
Any activity in which a police report has been filed, a summons or indictment has been issued, or an arrest has occurred for criminal activity which may have an impact on the KCC community.

Prohibited Conduct

A student or Registered Student Organization, who commits any of the following acts of misconduct shall be subject to disciplinary action. KCC disciplinary proceedings may be instituted against a student charged with violation of a law, which is also a violation of the Student Code of Conduct. For example, if both violations result from the same factual situation, proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings.

Actions of prohibited conduct include, but are not limited to, the following:

Acts of Dishonesty - Misrepresentation of facts or intentionally furnishing false information to any KCC employee in any oral or written transaction with the College; making a false statement which materially interferes with college processes or procedures. (2) Forgery, alteration, or misuse of any KCC document, record, or instrument of identification. (3) Withholding material information from college processes and/or officials.
Academic Integrity - Breaches of academic integrity including cheating, denying others access to information or material, fabrication, facilitating academic dishonesty, and/or plagiarism. See OP 26.004 Academic Integrity.
Alcohol and Other Drugs - The unauthorized use, possession, sale, manufacture or distribution of illegal drugs, controlled substances, look-a-like drugs, narcotics, drug paraphernalia, or being under the influence of the same while on College premises, at College-sponsored activities, engaged in coursework, or conducting any college-related business is strictly prohibited. In recognition of responsible behavior and legal compliance, the possession and consumption of alcoholic beverages by students of legal drinking age (as defined by local laws) may be permitted at external events/activities (events held on campus not sponsored or hosted by KCC) on campus, subject to compliance with all applicable laws and regulations, as well as the policies and procedures established by KCC. Violation(s) of the Alcohol and Drug policy may result in disciplinary action. Violation(s) of the Alcohol and Drug policy may result in disciplinary action.
Animals - KCC adheres to both federal (Americans with Disabilities Act) and Michigan state law in regard to service animals and service animals in training. Animals are prohibited in KCC facilities, with the exception of specially trained working service dogs or miniature horses for persons with a disability. All service animals, including those in training, must be under the control of the handler at all times while also meeting behavioral expectations of a trained service animal. If it is not apparent the animal is trained to help, College staff may ask whether the animal is required because of a disability and what work or task the animal has been trained to perform. With prior written authorization, trained animals other than service animals may be allowed on campus for events related to the Office of Student Life.
Bullying - Bullying is systematic intentional and generally, repeated, behavior that may take many forms, including but not limited to, repeated unwanted physical, verbal, or non-verbal acts which are hostile or offensive, targeted at an individual or group and which create an intimidating and/or threatening environment which produces a risk of psychological and/or physical harm. Bullying may manifest as cyber stalking or cyber bullying as well as excluding behaviors such as ignoring or dismissing individuals or groups. Hostile behaviors include, but are not limited to, inappropriate behaviors that are harmful or damaging to an individual and/or property. Behaviors that are intimidating, threatening, disruptive, humiliating, sarcastic, or vicious may also constitute hostile behavior. Offensive behaviors may include, but are not limited to, inappropriate behaviors such as abusive language, derogatory remarks, insults, or epithets. Other offensive behaviors may include the use of condescending, humiliating, or vulgar language, swearing, shouting or use of unsuitable language, use of obscene gestures, or mocking.
Children and Dependent Adults on Campus - Any person who brings with them a minor child or dependent adult to any KCC facility or property is responsible for the actions of the minor child or dependent adult. Minor children and dependent adults are not to be left unattended (including in automobiles). These children and dependent adults may not be taken to classrooms, laboratories, testing, or clinical sessions. If children and dependent adults are left unattended or create a disturbance to the orderly functioning of KCC, the person responsible will be required to remove them from campus.
Computer Misuse - Violations of the Acceptable Use of Technology policy including system usage, system performance, unauthorized access, and copyright law.
Copyright Infringement - Students must respect copyright laws that protect software owners, artists, and writers. Plagiarism in any form will not be tolerated. The use of College resources to infringe upon copyright laws (print, digital, and internet) is prohibited. This applies to all forms of copyright protected media including, but not limited to, written works, software, images, videos and audio recordings.
Discrimination - Engaging in discrimination against other persons on the basis of national origin, ethnicity, race (including traits associated with race such as hair texture and protective hairstyles), citizenship, color, sex (including sexual orientation, gender identity, and gender expression ), marital status, familial status, pregnancy, age, disability, height, weight, genetic information, veteran status, religion, or any other characteristic protected by law. This prohibition extends to any activity motivated by discriminatory intent that is materially adverse to another student, employee or volunteer. KCC prohibits Sex Discrimination in all programs and activities that the College operates, as required by Title IX. See OP 12.002 Sexual Harassment Sexual Misconduct and Retaliation Title IX.
Disruptive Behavior - A student’s behavior at the College must comport with educational processes and should not disrupt teaching, learning, or the orderly conduct of business at any on-campus/college property. Disruption may include: disorderly conduct, lewd or indecent behavior, breach of peace, or aiding, abetting or procuring another person to breach the peace on College premises or at functions sponsored by or participated in by the College. Disruptive Behavior also includes any action or odor (bodily or otherwise) that causes persistent and unreasonable discomfort to others that are not mitigated after reasonable effort to resolve the discomfort. Students who engage in misconduct that is disruptive to the educational environment will be subject to disciplinary action, as outlined in this policy. No student shall conduct themselves in such a way as to deprive others of an orderly atmosphere for study and learning. Each student is expected to comply with reasonable classroom regulations established in writing by an individual teacher and made available to students at the beginning of the term or when revised. See OP 26.006 Administrative Withdrawal.
Endangerment - The creation of a hazard endangering the physical safety of self or others by engaging in a dangerous activity or using hazardous materials or chemicals; interference with the freedom of another person to move about in a lawful manner on KCC premises or at KCC sponsored events.
Failure to Comply with Official Requests - Students and registered student organizations are required to adhere to and cooperate with the reasonable and lawful directives given by college officials. Failure to comply adequately with a verbal warning or a sanction may be construed as a failure to adhere to an official request. This includes the failure to furnish identification when requested by a College official while they are performing their duties.
False Alarm and Reports - Intentionally initiating or causing to be initiated any false alarm, report, or warning of any kind on KCC premises or at KCC sponsored activities.
Fire Alarms and Emergency Procedures - Failure to evacuate any building when a fire alarm is sounded and/or to follow emergency procedures as instructed by college officials.
Fire Hazard - No person shall start a fire or create a fire hazard on college property without authorization. This regulation also prohibits the possession and/or use of candles, torches, incense and/or incense burners, other open flame apparatus, as well as extension cords and other devices or materials which may create a fire hazard if used without authorization or in unauthorized areas.
Fraud - Perceived, attempted, or actual financial aid fraud or corresponding behaviors that would allow a student to receive a monetary benefit for which they are not eligible.
Gambling - Encouraging, promoting, or participating in unauthorized gambling on KCC premises or at KCC-sponsored events is prohibited.
Harassment - Harassment is unwelcome conduct based on membership in a class or characteristics protected by law or College policy. Conduct rises to the level of harassment when enduring the conduct becomes a condition of continued enrollment, or the conduct is severe or pervasive enough to limit or deny that individual or group of individuals their rights to their education, participation in activities, or receipt of benefits to which they are entitled. Harassment can be physical, verbal or non-verbal and may occur through various platforms, such as in-person interactions, online communication, social media, email, text messages, or any other digital or physical medium. Participating in any behavior that constitutes harassment, including verbal or physical conduct demonstrating hostility, intimidation, threat, or aversion toward another individual based on their membership in a protected class, is strictly prohibited. KCC prohibits sex discrimination in all programs and activities that the College operates. Sex-based harassment is a form of sex discrimination, which means harassment on the basis of sex - including harassment on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity in one of the following categories: quid pro quo harassment, hostile environment harassment, or specific offense including sexual assault, dating or domestic violence, or stalking. See OP 12.002 Sexual Harassment Sexual Misconduct and Retaliation Title IX.
Hazing - Hazing means an intentional, knowing, or reckless act by a person acting alone or acting with others that is directed against an individual and that the person knew or should have known endangers the physical health or safety of the individual, and that is done for the purpose of pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization. Any acts that are hazing in nature committed by a person, whether individually or in concert with others, against a student in connection with being initiated into, affiliating with, holding office in, participating in, or maintaining membership in any organization or team affiliated with the College. This includes acts intended to have the effect of or should reasonably be expected to have the effect of, humiliating, intimidating, or demeaning the student or endangering the mental or physical health of the student. Hazing also includes soliciting, directing, aiding, or otherwise participating actively or passively in the above acts.
Misuse of Student ID - Lending a KCC Student ID to anyone for any reason not authorized by the College. Possessing or using a fraudulent student ID card, may subject the owner and/or the holder to disciplinary action.
Obstruction/Abuse of Student Code of Conduct Process - Obstruction is the (1) Failure to comply with the College grievance proceedings; (2) Falsification, distortion, or misrepresentation of information; (3) Disruption or interference with the orderly process of a discipline hearing; (4) Attempting to influence, intimidate, or discourage an individual’s participation throughout the conduct process directly or indirectly; and/or (5) Attempting to influence the impartiality of a conduct officer or Appeal Board committee member.
Retaliation - Students, groups of students, or registered student organizations are prohibited from retaliating or taking adverse actions against any student who files a complaint or grievance, or who participates in an administrative investigation or hearing. Retaliation includes but is not limited to acts of intimidation, threats, coercion, or any other adverse treatment aimed at individuals involved in such proceedings. Any form of retaliation against those who exercise their rights to report or participate in the resolution process is strictly prohibited and will be subject to disciplinary action.
Sexual Misconduct - Sexual misconduct under OP 12.002 Sexual Harassment Sexual Misconduct and Retaliation Title IX refers to any behavior of a sexual nature that is non-consensual, inappropriate, or violates the boundaries of mutual respect and dignity and is not otherwise governed by the College’s OP 12.002 Sexual Harassment Sexual Misconduct and Retaliation Title IX. This encompasses a broad range of actions, including but not limited to a) Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile, intimidating, or offensive environment. b) Sexual Assault: Any non-consensual sexual act, including unwanted touching, fondling, penetration, or use of force or coercion. c) Sexual Exploitation: Taking non-consensual or abusive advantage of another for one’s own benefit or advantage, including but not limited to recording or distributing images or audio of sexual activity without consent. d) Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to feel fear for their safety or suffer substantial emotional distress. e) Relationship Violence: Physical, sexual, or psychological harm by a current or former partner or spouse, also known as dating or domestic violence. e) Indecent Exposure: Deliberate exposure of one’s private parts in a public place or to another person without consent. Sexual misconduct violates an individual’s rights, dignity, and personal integrity and is not tolerated within the student community. Consent must be clear, voluntary, and ongoing for any sexual activity. Any breach of this policy will be subject to disciplinary action in accordance with the College’s procedures and applicable legal requirements.
Smoking and Tobacco - All KCC facilities are tobacco-free pursuant to Part 126 of the Public Health Code, PA 368 of 1978. Smoking is prohibited in public places, places of employment, and places of recreation, at all its campus locations. Smoking, including the use of e-cigarettes (vaping), is only permitted in designated areas.
Violations of the Smoking and Tobacco policy.
Soliciting - Active commercial solicitation on college-owned property is prohibited unless the activity is specifically authorized by the College. Violation(s) of the Commercial Solicitation policy.
Theft - Attempted or actual theft of college property, the property of a member of the KCC community, or the property of an authorized campus visitor.
Unauthorized Presence/Use of College Facilities - Unauthorized entry into, presence in, or use of college facilities or equipment which has not been reserved or accessed through appropriate College officials.
Vandalism - Attempted or actual damage to or destruction of KCC property, the property of a member of the KCC community, or the property of an authorized campus visitor. This includes actions that have the potential for such damage or destruction and conduct which threatens to damage or creates hazardous conditions.
Violation(s) of College Rules, Procedures, and Policies - Students are responsible for making themselves aware of and complying with College policies and guidelines, which can be found in the Policies, Procedures, and Other Regulations section.
Violence - Participating in any form of violence, the threat of violence, or causing reasonable concern of such harm.
Voyeurism - Spying on people engaged in intimate behaviors, such as undressing, sexual activity, or other actions usually considered to be of a private nature.
Weapons - The unauthorized possession or use of firearms, or weapons of any other kind is prohibited on campus. The use or display of any object or instrument in a dangerous or threatening manner directed toward others. See OP 24.002 Weapons on Campus.

Resolution and Due Process Proceedings

KCC upholds the principles of due process in all actions related to this policy. The process provides students notice of and an opportunity to respond to allegations of violations of the Student Code of Conduct.

Complaint and Investigation Procedures

All persons should report alleged policy violations and any other concerning behavior and may do so any of the following ways:
1. Through an online via a reporting form available at Report an Incident | Kellogg Community College (www.kellogg.edu/report).
2. By calling the Dean of Student Service’s office at 269-565-7899.
3. By email at deanofss@kellogg.edu.
4. Emergency situations should be reported directly to KCC Public Safety at 269-965-4147, by calling 9-1-1, or using any of the yellow call boxes located across the College.
Once an incident is reported, the Dean of Student Services (or designee) will review the incident report and take the following steps to determine the appropriate response to the report:
1. Determine if the facts provided in the incident report fall within the Student Code of Conduct.
  1. If it does not immediately appear to fall within the jurisdiction of this code, the incident report may be addressed by:
    1. Engaging in a preliminary inquiry to gather additional facts;
    2. Referral to another College policy/procedure, office or department for further resolution; and/or,
    3. Providing an informal administrative resolution.
2. If the facts provided in the incident report fall within the Student Code of Conduct, the following steps will be taken:
Notify the responding party of the allegation(s); and,
Provide the responding party with an opportunity to respond to the allegation(s).
1. At any point, the Dean of Student Services (or designee) may determine to open a formal investigation. In such cases, the Dean of Student Services (or designee) may serve as the investigator or may assign the case to an investigator(s).
Investigation Procedure
1. Investigator(s) will commence a thorough, reliable, and impartial investigation which may include document gathering, interviews, and other relevant evidence.
2. Interviews will be conducted as needed, with the reporting party(s), responding party(s), and/or other identified witnesses or parties with first-hand knowledge of the alleged event(s). Information gathered during interviews will be compiled along with other relevant evidence that may exist.
3. Investigator(s) may provide a written or verbal summary report of the investigation to the Dean of Student Services (or designee) which may include a recommendation and rationale for a finding.
4. The Dean of Student Services (or designee) reserves the right to conduct further or additional interviews.

Determining Responsibility

Applying a preponderance of the evidence measure, the Dean of Student Services (or designee) shall assess all the information and determine whether it is more likely than not that a violation of the Student Code of Conduct did occur.
The responding party(s) will receive notice of the findings by the Dean of Student Services (or designee). This notice will include the determination of whether a violation occurred and any sanction(s) applied for the violation(s) along with information regarding the appeal process.
1. When appropriate, the reporting party(s) may receive a findings notice as well when the findings and/or sanction(s) are appropriate to share.
2. Third-party reporters, whether an employee or student, do not have the same rights as the primary parties and may not receive notice regarding the outcome of their report or any subsequent investigation or finding.

Sanctions

The following corrective actions, singly or in combination, may be imposed for violation of the Student Code of Conduct. Violation of an imposed sanction is grounds for additional sanctions including expulsion from the College depending on the severity of the violation.

Administrative Course Withdrawal - Administrative withdrawal from any course as a result of a violation of the Student Code of Conduct. The student remains responsible for the course(s) monetarily, and the action will result in a grade of “W” (Withdrawal) or “F” (Failure) on the student’s academic record.
Expulsion - Permanent separation from the College including employment, using College services, participating in College-sponsored activities, appearing on campus or at College- owned facilities, or representing the College in any manner.
Interim Action - Action taken pending the completion of an investigation. Interim action may include, but is not limited to: temporary no-contact order, alternative course completion options, changing of class and/or work schedules, limited access to campus facilities, providing a campus escort, and/or any other remedy that can be tailored to the student(s) in order to achieve the goals of this policy.
Interim Suspension - The KCC Chief of Police (or designee) may interim suspend a student pending the completion of an investigation, particularly when the safety of the College and/or members of the campus community may be jeopardized by the on-campus presence of the responding party(s). Interim suspension is immediate and will last until the threat has been fully assessed, as determined by the KCC Chief of Police (or designee). At the discretion of the College, the responding party(s) may be denied access to the College campus/facilities/events, and alternative coursework options may be pursued to ensure as minimal an impact as possible on the student(s).
No Contact Order - Prohibited contact between students when there exists a reasonable concern that physical or psychological harm may result from such contact.
Other Sanctions - Other sanctions may include, but are not limited to, recommendations for counseling and/or psychiatric assessments, specific behavior-related courses, educational or rehabilitative programs, community service projects, work assignments, restorative solutions, and/or other discretionary sanctions to help the student learn and improve.
Probation - Probation is for a designated period of time and further violation(s) may result in more severe action(s).
Restitution - Requirement to make payment to KCC or to other persons, groups, or organizations for monetary damages incurred. When appropriate, restitution may take the form of appropriate community service or other compensation.
Restriction or Loss of Privileges - Denial or restriction of certain privileges for a designated period of time.
Suspension - Separation from KCC for up to one year during which time the student shall not participate in any college-sponsored activities and/or may be barred from College premises. At the conclusion of the suspension, the student is eligible to make written request for readmission to the College to the Dean of Student Services office (deanofss@kellogg.edu). Readmission is not automatic, may be granted with conditions, and will be considered along with incidents that may have occurred during the suspension status.
Warning - A written warning that the Student Code of Conduct has been violated and further violation(s) may result in more severe action(s).

Requesting an Appeal

The responding and reporting party(s) will have five (5) business days from the issuance of the notice of findings to request an appeal of the decision of the Dean of Student Services and/or resolution. Third-party reporters do not have appeal rights.

The original finding and sanction will stand if the appeal request is not timely or substantively eligible, and that decision is final.

During an appeal, the sanction(s) imposed will remain in effect.

The party requesting an appeal must show clear error as to the original finding and/ or a compelling justification to modify a sanction, as both the finding and sanction(s) are presumed to have been decided reasonably and appropriately.

All appeal requests must be made in writing and submitted to the Vice President for Student Affairs (or designee), and must be based on one of the following elements:

A procedural or substantive error occurred that significantly impacted the outcome of the investigation (e.g. substantiated bias, material deviation from established procedures, etc);
To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included; or
The sanctions imposed are substantially disproportionate to the severity of the violation.

The appeal request will be considered to determine if the appeal documentation meets the criteria for an appeal consideration. If the appeal is determined to meet the criteria for considerations, the non-appealing party (responding or reporting party) shall be provided a copy of the appeal and have two business days to file a rebuttal of the appeal (the non-appealing party may waive that right). The appeal documentation along with any rebuttal is then forwarded for consideration to the Student Code of Conduct Review Panel.

The Student Code of Conduct Review Panel (Review Panel) is convened by the Vice President (or designee). All efforts will be made to convene the Review Panel within five (5) business days of receipt of the appeal and accompanying documentation.
Review Panel members will include up to three (3) KCC employees and may include up to two (2) currently enrolled students. No person who is personally involved in a particular case will be a member of the Review Panel to consider that case.
The Review Panel shall be provided with the relevant and material portions of the investigation file for review including the investigator’s report and the documentation for the appeal, as well as a rebuttal statement, if filed.
The Review deliberations are closed to the public to maintain confidentiality. The Review Panel may request to speak with the reporting party(s), responding party(s), witnesses, or any other person to clarify information.

The decision of the Review Panel may include:

Refer the case back to the Dean of Student Services based on:
1. New evidence submitted in the appeal which could substantially impact the original finding or sanction.
2. Procedural or substantial error requiring further action to correct the error.
Uphold the decision that the responding party(s) violated the Student Code of Conduct and uphold the sanction(s) imposed.
Uphold the decision that the responding party(s) violated the Student Code of Conduct, but reduce the sanction(s) imposed because the sanction(s) are too severe.

All decisions of the Review Panel will be accompanied by the rationale for their decision provided in sufficient detail for the party(s) to have a clear understanding of the basis for the decision.

The party(s) shall be notified of the Student Code of Conduct Review Panel decision in writing within five (5) business days unless a longer period is determined to be necessary.
The decision of the Student Code of Conduct Review Panel is final and binding upon all involved.

Main Campus

RMTC

EAC

Fehsenfeld

Grahl

Student Code of Conduct