College means Saint Paul College – Community and Technical College

Administrator means that person designated by the College president to be responsible for the administration of the Student Code.

Cheating includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff; (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.

Expulsion means permanent denial of the privilege of enrollment at the College.

Hazing means 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.

Policy means the written regulations of the College and Minnesota State Colleges and Universities as found in, but not limited to, the Student Code, the College and Minnesota State Colleges and Universities Web pages, Board Policy and System Procedure 5.18 and 5.18.1 on Alcoholic Beverages and Controlled Substances on Campus, Board Policy and System Procedure 5.22 and 5.22.1 on Acceptable Use of Computers and Information Technology Resources, and the College catalog.

Preponderance of evidence means a standard of responsibility that it is more likely than not that the code has been violated.

Plagiarism includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

Student includes all persons who:

1. Are enrolled in one or more courses, either credit or non-credit, through the College;
2. Withdraw, transfer or graduate, after an alleged violation of the student conduct code;
3. Are not officially enrolled for a particular term but who have a continuing relationship with the College;
4. Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid;

Student organization means any number of persons who have complied with the formal requirements for college recognition.

Summary suspension means a suspension imposed without a formal hearing to ensure the safety and well-being of members of the College community.

Suspension means 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.

1. Jurisdiction of the College Student Code
   The College Student Code shall apply to conduct that occurs on college premises, at college sponsored activities, and to off-campus conduct in the following circumstances:
   1. Hazing is involved;
   2. The violation is committed while participating in a college sanctioned or sponsored activity;
   3. The victim of the violation is a member the College community;
   4. The violation constitutes a felony under state or federal law; or
   5. The violation adversely affects the educational, research, or service functions of the College.
   The administrator shall decide whether the Student Code shall be applied to conduct occurring off-campus, on a case by case basis, in his/her sole discretion. Allegations of discrimination, harassment, and sexual violence shall be resolved pursuant to Board Policy 1B.1, Nondiscrimination in Employment and Education Opportunity, System Procedure 1B.1.1, Report/Complaint of Discrimination/ Harassment Investigation and Resolution, Board Policy 1B.3, Sexual Violence Policy, System Procedure 1B.3.1, Sexual Violence Procedure. Allegations of fraud or dishonest acts shall be resolved pursuant to Board Policy 1C.2, Fraudulent or Other Dishonest Acts.
2. Conduct – Rules and Regulations
   Any student found to have committed or to have attempted to commit the following misconduct in circumstances falling under the jurisdiction of this code may be subject to the disciplinary sanctions outlined in Article III:
   1. Acts of dishonesty, including but not limited to the following:
      1. Cheating, plagiarism, or other forms of academic dishonesty;
      2. Furnishing false information to any college official, faculty member, or office;
      3. Forgery, alteration, or misuse of any college document, record, or instrument of identification.
   2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other college activities, including its public service functions on or off campus, or of other authorized non-college activities when the conduct occurs on college premises.
   3. Abuse and endangerment of self or others including but not limited to; physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the mental or physical health or safety of any person, including one’s self.
   4. Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property, on or off campus.
   5. Hazing.
   6. Failure to comply with directions of college officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
   7. Unauthorized possession, duplication or use of keys to any college premises or unauthorized entry to or use of college premises.
   8. Violation of any college or board policy, rule, or regulation published in hard copy or available electronically on the College or Minnesota State Colleges and Universities Web site.
   9. Violation of any federal, state or local law.
   10. Under the influence of, use, possession, manufacturing, or distribution of marijuana, drug paraphernalia or other controlled substances except as expressly permitted by law.
   11. Under the influence of, use, possession, manufacturing or distribution of alcoholic beverages (except as expressly permitted by college or Minnesota State Colleges and Universities regulations), public intoxication, or violation of Board Policy 5.18 and System Procedure 5.18.1 on Alcoholic Beverages and Controlled Substances on Campus. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age.
   12. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on college premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.
   13. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the College and/or infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
   14. Obstruction of the free flow of pedestrian or vehicular traffic on college premises or at college sponsored or supervised functions.
   15. Conduct that is disorderly, lewd, or indecent; 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 or members of the academic community. Disorderly conduct includes but is not limited to: any unauthorized use of electronic or other devices to make an audio or video record of any person while on college premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.
   16. Any violation of the College Computer Use Policy or Board Policy 5.22 and System Procedure 5.22.1 on Acceptable Use of Computers and Information Technology Resources.
   17. Abuse of the student conduct system, including but not limited to:
       1. Failure to obey the notice from a student conduct panel or college official to appear for a meeting or hearing as part of the student conduct system;
       2. Falsification, distortion, or misrepresentation of information before a student conduct panel;
       3. Disruption or interference with the orderly conduct of a student conduct panel proceeding;
       4. Institution of a student conduct code proceeding in bad faith;
       5. Attempting to discourage an individual’s proper participation in, or use of, the student conduct system;
       6. Harassment (verbal or physical) and/or intimidation of a member of a student conduct panel prior to, during, and/or after a student conduct code proceeding;
       7. Harassment (verbal or physical) and/or intimidation of a member of a student conduct panel prior to, during, and/or after a student conduct code proceeding;
       8. Failure to comply with the sanction(s) imposed under the Student Code;
       9. Influencing or attempting to influence another person to commit an abuse of the student conduct code system.
3. Violation of Law and College Discipline
   College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution.
   
   Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the administrator. Determinations made or sanctions imposed under this Student Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of college rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

1. Investigation and Informal Process
   Any member of the College community may file a written complaint alleging that a student or student organization has violated student conduct proscriptions. Any complaint should be submitted as soon as possible after the event takes place. Persons filing complaints shall be informed of their rights under the Minnesota Data Practices Act. Following the filing of a complaint against a student or student organization, the administrator shall conduct an investigation of the allegations.
   1. If the complaint seems unwarranted, the administrator may discontinue proceedings.
   2. If there is sufficient evidence to support the complaint, the administrator 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 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 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 complainant shall receive notification consistent with state and federal privacy laws.
   3. 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 implementation of the sanction. Other sanctions shall be accepted or may be appealed in accordance with the institution’s appeal procedures.
   4. If the accused student fails to appear for the informal hearing, the administrator may proceed to review and act upon the complaint in his/her absence and shall notify the student in writing of an action taken.
2. Formal Hearing
   1. The College president or designee determines the composition of the student conduct panel. Students serving on the student conduct panel shall be elected by the student body or appointed by the campus student association. Student conduct panel hearings shall be conducted by a student conduct panel according to the following guidelines:
      1. Student conduct panel hearings normally shall be conducted in private.
      2. Students or organizations referred for a formal hearing shall be given adequate advance notice in writing of the time, place, and date of the hearing. A student or organization’s failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled.
      3. Within a reasonable time prior to the hearing, the student must be informed in writing of: a) the complaint; b) the evidence to be presented against him/her; c) a list of witnesses; and d) the nature of their testimony.
      4. In hearings involving more than one accused student or organization, the administrator, in his or her discretion, may permit the hearing concerning each student to be conducted either separately or jointly.
      5. The student shall be given the opportunity to speak in his/her own defense, to present witnesses and to question any witnesses and to have an advocate present. The advocate may provide advice to the student, but may not participate in any questioning. When there is likelihood that a student involved in conduct proceedings will face criminal prosecution for a serious offense, it may be advisable that the student have an attorney as the advocate.
      6. A written notice of findings and conclusions shall be provided to the student within a reasonable time after the hearing. The notice shall inform the student of any sanction to be imposed. The notice shall also contain information regarding the applicable appeal process.
      7. The hearing may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witness during the hearing by providing for the presence of law enforcement and/or security, separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the administrator to be appropriate.
3. Sanctions
   1. The following sanctions may be imposed upon any student found to have violated the Student Code:
      1. Warning – A notice in writing to the student that the student is violating or has violated institutional regulations.
      2. Probation – A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period. The College may impose specific written conditions for the probation.
      3. Loss of Privileges – Denial of specified privileges for a designated period of time.
      4. Restitution – Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
      5. Discretionary Sanctions – Work assignments, essays, service to the College, or other related discretionary assignments.
      6. Suspension – Denial of the privilege of enrollment for a specified period of time after which the student is eligible to return. Conditions for reenrollment may be specified.
      7. Expulsion – Permanent denial of the privilege of enrollment at the College.
      8. Revocation of Admission and/or Degree – Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of college standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
      9. Withholding Degree – The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this student conduct code, including the completion of all sanctions imposed, if any. More than one of the sanctions listed above may be imposed for any single violation.
   2. The following sanctions may be imposed upon groups or organizations:
      1. Those sanctions listed above;
      2. Loss of selected rights and privileges for a specified period of time;
      3. Deactivation. Loss of all privileges, including college recognition, for a specified period of time.
4. Summary Suspension
   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.
5. Appeals
   1. A decision reached by the student conduct panel or a sanction imposed by the administrator may be appealed by the accused student(s) or complainant(s) to the Senior Vice President for Academic Affairs and Student Development within five (5) school or business days of the notification of the decision. Such appeals shall be in writing and shall be delivered to the administrator or his or her designee.
   2. Except as required to explain the basis of new information, an appeal shall be limited to a review for one or more of the following purposes:
      1. To determine whether the informal or formal hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
      2. To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred.
      3. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.
      4. To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original informal or formal hearing.
   3. If an appeal is upheld by the Senior Vice President for Academic Affairs and Student Development, the Senior Vice President for Academic Affairs and Student Development may take any appropriate action. If an appeal is not upheld, the matter shall be considered final and binding upon all involved except that in cases involving sanctions of suspension for ten (10) days or longer, students shall be informed of their right to a contested case hearing under Minnesota Statutes, Chapter 14.

Interpretation and Revision
Any question of interpretation regarding the Code of Student Conduct shall be referred to the Dean of Student Development and Services/Coordinator of Student Conduct for final determination.

The Code of Student Conduct shall be reviewed every 3 years under the direction of the Coordinator of Student Conduct.

State of Compliance

Saint Paul College adheres to the federal Drug-Free Schools and Campuses Act (DFSCA) and Minnesota State Colleges and Universities Board Policy 5.18 which prohibits the unlawful possession, use, or distribution of alcohol and illicit drugs by students and employees on the College premises, or in conjunction with any college-sponsored activity or event, whether on- or off- campus. In accordance with federal regulations, this policy is included in the Student Handbook, which is made available to every student and employee and included with the annual Campus Crime and Security Report, which is distributed to every student and employee. The College conducts a biennial review of this policy to determine the effectiveness of this policy and to ensure that disciplinary sanctions for violating standards of conduct are enforced consistently.

Standards of Conduct

• No student or employee shall manufacture, sell, give away, barter, deliver, exchange, or distribute; or possess with the intent to manufacture, sell, give away, barter, deliver, exchange, or distribute a controlled substance or drug paraphernalia while involved in a college-sponsored activity or event, on- or off- campus.
• No student or employee shall possess a controlled substance, except when the possession is for that person’s own use, and is authorized by law while involved in a college-sponsored activity or event, on- or off-campus.
• No student shall report to campus, and no employee shall report to work while under the influence of alcohol or a controlled substance, except as prescribed by a physician, which affects alertness, coordination, reaction, response, judgment, decision-making, or safety.
• Except as allowed by the system Board Policy 5.18, the possession, use, sale or distribution of alcoholic beverages and 3.2% malt liquor at Saint Paul College and at Saint Paul College sponsored events is prohibited.

Disciplinary Sanctions

Students or employees who violate this policy will be subject to disciplinary sanctions. The severity of the sanctions will be appropriate to the violation. Sanctions including, but not limited to: official reprimand, restitution, completion of a rehabilitation program, community service, suspension, expulsion and/or reporting to local law enforcement will be imposed on students who violate the preceding standards of conduct. Sanctions, consistent with existing contracts, up to and including termination of employment, will be imposed on employees who violate the preceding standards of conduct.

Legal Sanctions

Federal and state sanctions for illegal possession of controlled substances range from up to one year imprisonment and up to $100,000 in fines for a first offense, to three years imprisonment and $250,000 in fines for repeat offenders. Additional penalties include forfeiture of personal property and the denial of federal student aid benefits. Under federal laws, trafficking in drugs such as heroin or cocaine may result in sanctions up to and including life imprisonment for a first offense involving 100 gm or more. Fines for such an offense can reach $8 million. First offenses involving lesser amounts, 10-99 gm, may result in sanctions up to and including 20 years imprisonment and fines of up to $4 million. A first offense for trafficking in marijuana may result in up to five years imprisonment and fines up to $500,000 for an offense involving less than 50 kg, and up to life imprisonment and fines up to $8 million for an offense involving 1,000 kg or more. The State of Minnesota may impose a wide range of sanctions for alcohol-related violations. For example, driving while intoxicated (blood alcohol content of .08 or more) may result in a $700 fine, 90 days in jail, and/or revocation of driver’s license for 30 days. Possession of alcohol under age 21 or use of false identification to purchase alcohol results in $100 fine. Furnishing alcohol to persons under 21 is punishable by up to a $3,000 fine and/or one year imprisonment.

Health Risks

Alcohol – Alcohol consumption causes a number of changes in behavior and physiology. Even low doses significantly impair judgment, coordination, and abstract mental functioning. Statistics show that alcohol use is involved in a majority of violent behaviors on college campuses, including acquaintance rape, vandalism, fights, and incidents of drinking and driving. Continued abuse may lead to dependency, which often causes permanent damage to vital organs and deterioration of a healthy lifestyle.

Amphetamines – Amphetamines can cause a rapid or irregular heartbeat, headaches, depression, damage to the brain and lungs, tremors, loss of coordination, collapse, and death. Heavy users are prone to irrational acts.

Cocaine/Crack – Cocaine users often have a stuffy, runny nose and may have a perforated nasal septum. The immediate effects of cocaine use include dilated pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature, paranoia and depression. Cocaine is extremely addictive and can cause delirium, hallucinations, blurred vision, severe chest pain, muscle spasms, psychosis, convulsions, stroke and even death.

Hallucinogens – Lysergic Acid Diethylamide (LSD) causes illusions and hallucinations. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects, or flashbacks, can occur even when use has ceased. Phencyclidine (PCP) affects the section of the brain that controls the intellect and keeps instincts in check. Hallucinogens can cause liver damage, convulsion, coma and even death.

Marijuana – Marijuana may impair or reduce short-term memory and comprehension, alter sense of time, and reduce coordination and energy level. Users often have a lowered immune system and an increased risk of lung cancer. Users also experience interference with psychological maturation and temporary loss of fertility. The active ingredient in marijuana, THC, is stored in the fatty tissues of the brain and reproductive system for a minimum of 28 to 30 days.

Methamphetamine – Methamphetamines, known as speed, meth, ice, glass, etc., have a high potential for abuse and dependence. Taking even small amounts may produce irritability, insomnia, confusion, tremors, convulsions, anxiety, paranoia, and aggressiveness. Over time, methamphetamine users may experience symptoms similar to Parkinson’s disease, a severe movement disorder.

Narcotics – Narcotics such as codeine, heroin or other opiate drugs cause the body to have diminished pain reactions. The use of heroin can result in coma or death due to a reduction in heart rate.

Steroids – Steroid users experience a sudden increase in muscle and weight and an increase in aggression and combativeness. Steroids can cause high blood pressure, liver and kidney damage, heart disease, sterility and prostate cancer. Additional information can be found at: www.nida.nih.gov.

Educational and Treatment Programs

• The Counseling Center is available to assist students deal with personal concerns the might interfere with their academic work while at Saint Paul College. Services are free and confidential and can be arranged by contacting the Counseling Center at 651.846.1383.
• The Employee Assistance Program (EAP) is available to all Minnesota State system employees. EAP can assist employees by providing a professional assessment of a possible alcohol or drug problem. The mission of EAP is to provide confidential, accessible services to individual employees and state agencies in order to restore and strengthen the health and productivity of employees and the workplace. For additional information, contact the Human Resources Department.
• Community area substance abuse treatment center referrals can be contacted by calling United Way First Call for Help at 651.291.0211.

Statement of Student Responsibilities

Students at Saint Paul College as members of the College community, in addition to the basic constitutional rights enjoyed by all citizens, have specific rights related to academic freedom and their status as students. The rights are described in the Students Rights and Responsibilities Policy.

Students are expected to exercise their freedom with responsibility. Student responsibilities include, but are not limited to, respecting and valuing the rights and differences of all members of the College community; refraining from any and all proscribed behaviors as listed in the next section, “Proscribed Conduct;” refraining from performing acts of violence or harassment against any member of the College community; and abiding by all College policies and procedures.

Smoking/Tobacco Policy

Saint Paul College is a smoke-free campus. Smoking and the use of tobacco products are only permitted in Designated Smoking Areas on campus.

Definitions

The following definitions apply to this Policy.

Smoking. The burning or carrying of a lighted cigarette, cigar or pipe, or the use of any other lighted smoking materials or equipment, whether filled with tobacco or any other type of material, including any and all electronic smoking devices.

Smokeless Tobacco Products. The use of any smokeless tobacco products such as chewing tobacco, snuff, smokeless pouches or other forms of loose leaf tobacco.

There are Designated Smoking Areas in the following locations:

• Lot B (West of the main building)
• Lot F (North of the main building)

Smoking/Tobacco Use Violation Sanctions

Smoking and the use of tobacco products in prohibited areas on the Saint Paul College campus grounds is a violation of College policy. Any individual observed violating the no smoking/tobacco policy will be issued a citation for $20.00. Continued violations will result in cumulative consequences. Upon receipt of three (3) or more citations students may be subject to student discipline, including, but not limited to, suspension.

Anyone observed smoking inside a College building will be subject to a citation and sanctioning through the Code of Student Conduct for endangering the health and safety of others and property. Additionally, students may be subject to student discipline, including, but not limited to, suspension.

Those who wish to smoke or use tobacco on the College grounds are allowed to do so only in the two (2) designated areas. These areas are located in Lot B (west of the main building) and Lot F (north of the main building). Please refer to the attached campus map for the specific location of these designated areas. Smoking and tobacco use is also permitted on the city sidewalks surrounding the exterior grounds of the campus. All other areas are considered prohibited and are subject to enforcement.

If you smoke or use tobacco products, please help maintain a clean and safe environment on campus. Please fully extinguish your cigarettes and deposit them in an ashtray or smoking receptacle before entering no smoking areas and dispose of smokeless tobacco products in a closed container or trash receptacle.

Additional MN state laws and regulations regarding smoking can be found at http://www.revisor.mn.gov/statutes/?topic=926321

Any question of interpretation regarding the Code of Student Conduct shall be referred to the Dean of Student Development and Services/Coordinator of Student Conduct for final determination.

The Code of Student Conduct shall be reviewed every 3 years under the direction of the Coordinator of Student Conduct.

You may view the entire contents of the Student Handbook including the Code of Student Conduct in PDF format: