Student Conduct

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The community of scholars at Northeast State Technical Community College is committed to the development of personal and academic excellence. The essence of a college is the pursuit, dissemination and application of knowledge, and members of this community should engage vigorously in this college’s academic life. As voluntary members of the college community, students are expected to act with civility toward others in the community. Accordingly, in order to foster and promote an educational environment conducive to the college’s mission, students at Northeast State are expected to:

• Commit themselves to learning and the pursuit of higher education;
• Prepare for, attend, and actively participate in scheduled classes;
• Conduct themselves with personal and academic integrity;
• Respect the rights and dignity of all members of the college community;
• Discourage bigotry and encourage tolerance while striving to learn from differences in people, ideas and opinions;
• Refrain from and discourage behaviors that threaten the freedom and respect every individual deserves;
• Participate in the broad educational experience available to all members of the college community through college sponsored cultural events and other educational activities;
• Observe prescribed procedures and schedules for academic advisement, registration and advancement in a chosen program of study;
• Observe all rules and regulations, including those designed to insure and promote safety and security on the Northeast State campus;
• Use, as necessary, various college services available to students for assistance with academic, health, career, financial, emotional and other concerns;
• Assist the college in evaluation of its programs and services and conscientiously participate in evaluations, surveys and periodic comprehensive examinations.

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of the academic community, students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth. Institutional procedures for achieving these purposes may vary from campus to campus, but the minimal standards of academic freedom of students outlined below are essential to any community of scholars.

Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility.

The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the academic community. Tennessee Board of Regents institutions have developed policies and procedures which provide and safeguard this freedom. The purpose of this statement is to enumerate the essential provisions for students’ freedom to learn.

Freedom of Access to Higher Education

The admissions policies of each Tennessee Board of Regents Institution are a matter of institutional choice, provided that each institution makes clear the characteristics and expectations of students which it considers relevant to success in the institution’s program. Under no circumstances should a student be barred from admission to a particular institution on the basis of race. Thus, within the limits of its facilities, each institution should be open to all students who are qualified according to its admissions standards. The facilities and services of a TBR institution should be open to all of its enrolled students.

In the Classroom

The professor in the classroom and in conference should encourage free discussion, inquiry, and expression. Student performance should be evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards.

1.     Protection of Freedom of Expression

Students should be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they are enrolled.

2.     Protection Against Improper Academic Evaluation

Students should have protection through orderly procedures against prejudiced or capricious academic evaluation. At the same time, they are responsible for maintaining standards of academic performance established for each course in which they are enrolled.

3.     Protection Against Improper Disclosure

Certain information about students is protected from public disclosure by Federal and state laws.  Protection against improper disclosure is a serious professional obligation.  Judgments of ability and character may be provided under appropriate circumstances.

Adapted from AAUP Statement of  Rights and Freedoms of Students .

College students are citizens of the state, local and national governments and the academic community, and are, therefore, expected to conduct themselves as law abiding members of each community at all times. Admission to an institution of higher education carries with it special privileges and imposes special responsibilities apart from those rights and duties enjoyed by non-students. In recognition of the special relationship that exists between the college and the academic community which it seeks to serve, the Tennessee Board of Regents has authorized the President of the college to take such action as may be necessary to maintain campus conditions and preserve the integrity of the college and its educational environment.

Pursuant to this authorization, Northeast State has developed the following regulations which are intended to govern student conduct on the campus. In addition, students are subject to all national, state and local laws and ordinances. If a student’s violation of such laws or ordinances also adversely affects the college’s pursuit of its educational objectives, the college may enforce its own regulations regardless of any proceedings instituted by other authorities.

1. Generally, through appropriate due process procedures, institutional disciplinary measures shall be imposed for conduct which adversely affects the college’s pursuit of its educational objectives, which violates or shows a disregard for the rights of other members of the academic community, or which endangers property or persons on college or college-controlled property.
2. Individual or organizational misconduct which is subject to disciplinary sanction shall include but not be limited to the following examples:
   
   1. Conduct dangerous to others: Any conduct which constitutes a serious danger to any person’s health, safety or personal well-being, including any physical abuse or immediate threat of abuse.
   2. Hazing: Any act of hazing, as defined by state law, by any individual or group.
   3. Disorderly conduct: Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs other groups or individuals.
   4. Obstruction of or interference with college activities or facilities: Any intentional interference with or obstruction of any college activity, program, event, or facilities including the following:
      1. Any unauthorized occupancy of college or college-controlled facilities or blockage of access to or from such facilities.
      2. Interference with the right of any college member or other authorized person to gain access to any college or college-controlled activity, program, event or facilities.
      3. Any obstruction or delay of a campus police officer, fireman or any college official in the performance of his or her duty.
   5. Violations of Computer Resource Guidelines: Violators of the college computer use guidelines will be subject to immediate suspension of their user account; referral to police agencies in the case of suspected federal or state law violation; loss of computing access privileges; and possible suspension or expulsion from the college.
   6. Misuse of, or damage to, property: Any act of misuse, vandalism malicious or unwarranted damage or destruction, defacing disfiguring, or unauthorized use of property belonging to the college including, but not limited to, fire equipment, elevators, telephones, institution keys, library materials and/or safety devices; and any such act against a member of the college community or a guest of the college. Acts of vandalizing and/or littering the campus grounds or buildings are strictly prohibited.
   7. Theft, misappropriation, or unauthorized sale: Any act of theft, misappropriation, unauthorized possession, or sale of college property or any such act against a member of the college community or a guest of the college.
   8. Misuse of documents or identification cards: Any forgery, alteration or unauthorized use of documents, forms, records or identification cards, including the giving of any false information or withholding of necessary information, in connection with a student’s admission, enrollment or status in the college.
   9. Firearms and other dangerous weapons: Any unauthorized or illegal possession of or use of firearms or dangerous weapons of any kind is prohibited. No firearms shall be permitted on the college’s campus or be worn by any person at any time except as provided in Tennessee Code Annotated, section 39-17-1309.
   10. Explosives, fireworks, and flammable materials: The unauthorized possession, ignition or detonation of any object or article which would cause damage by fire or other means to persons or property or possession of any substance which could be considered to be and used as fireworks.
   11. Alcoholic beverages: The use, possession, distribution, sale, or manufacture of alcoholic beverages or public intoxication on property owned or controlled by the college, at college sponsored events, on property owned or controlled by an affiliated clinical site, or in violation of any term of Northeast State Technical Community College’s Drug Free Schools and Community Policy Statement.
   12. Drugs: The unlawful use, possession, distribution, sale, or manufacture of any drug or controlled substance (including any stimulant, depressant, narcotic, or hallucinogenic drug or substance, or marijuana), being under the influence of any drug or controlled substance, or the misuse of legally prescribed or “over the counter” drugs on property owned or controlled by the college; at a college sponsored event; on property owned or controlled by an affiliated clinical site; or in violations on any term of the Northeast State Technical Community College’s Drug Free School and Community Policy Statement.
   13. Gambling: Gambling in any form.
   14. Financial irresponsibility: Failure to promptly meet financial responsibilities to the college including, but not limited to, knowingly passing a worthless check or money order in payment to the college or to a member of the college community acting in an official capacity.
   15. Unacceptable conduct in hearings: Any conduct at a college hearing involving contemptuous, disrespectful or disorderly behavior, or the giving of false testimony or other evidence at any hearing.
   16. Failure to cooperate with college officials: Failure to comply with directions of college officials acting in the performance of their duties.
   17. Violation of general rules and regulations: Any violations of the general rules and regulations of the college as published in an official college publication, including the intentional failure to perform any required action or the intentional performance of any prohibited action.
   18. Attempts and aiding and abetting the commission of offenses: Any attempt to commit any of the foregoing offenses, or the aiding and abetting of the commission of any of the foregoing offenses (“an attempt” to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission).
   19. Violations of state or federal laws: Any violation of state or federal laws or regulations prescribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference.
3. Disciplinary action may be taken against a student for violations of foregoing regulations which occur on college-owned, leased, or otherwise controlled property, or which occur off-campus when the conduct impairs, interferes with or obstructs any college activity or the missions, processes and functions of the college. In addition, disciplinary action may be taken on the basis of any conduct, on- or off-campus, which poses a substantial threat to persons or property within the college community.
4. For the purpose of these regulations, a “student” shall mean any person who is registered for study at the college for any academic period. A person shall be considered a student during any period which follows the end of an academic period which the student has completed until the last day for registration for the next succeeding regular academic period, and during any period while the student is under suspension from the college.

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

Northeast State fully recognizes the constitutional rights of students to be afforded due process and equal protection wherein a violation of college regulations has been alleged and the possibility of sanctions is present.

Tennessee Uniform Administrative Procedures Act (TUAPA) may be applicable in cases involving suspension or expulsion of a student, or revocation of recognition of a student organization, for misconduct or disciplinary reasons.

All cases which are not subject to the contested case procedures under the TUAP and all cases in which the student has waived the contested case procedures in writing shall be disposed of in accordance with the College Disciplinary Procedures.

Persons who allege that a student has violated certain institutional rules or regulations or ordinances or laws of the county, state or federal government must make these charges known to the President, Vice President for Academic Affairs or Vice President for Student Affairs as soon as possible after the alleged violation occurs. If it is determined that there is probable cause that the violation occurred, the Vice President for Student Affairs will notify the student in writing by mail or in person at least five working days prior to a hearing. The notice will include:

1. The specific charge, the rule violated, and possible sanctions that could be imposed.
2. Notice of a hearing before the Student Discipline Committee including the date, place and time of the meeting.
3. The student may have an advisor present at the hearing. The advisor may not be an attorney and cannot address the hearing unless permission is granted by the chairperson.
4. Material evidence may be presented and the student may cross-examine the witness(es).
5. The student shall be entitled to be present throughout the presentation of evidence, to know the identity of witness(es) against him or her and to present evidence including witness(es) who may speak on the student’s behalf.
6. A verbatim record of the hearing will be made available to the student upon request.
7. The Student Discipline Committee will submit a recommendation to the Vice President for Student Affairs who will determine appropriate disciplinary or other action.
8. The student may appeal this decision to the Vice President for Academic Affairs and if needed, the President of the college. The President’s decision is final except in those cases in which appeal is provided, by policy, to the Tennessee Board of Regents.

Northeast State Technical Community College recognizes the increasing weight of scientific evidence that smoking is harmful not only to the active smoker but also to the “passive” smoker who is exposed to others’ smoke. Furthermore, the Center for Disease Control has reported that passive tobacco smoke cannot be effectively removed from the workplace by ventilation or by air filtration. Smoking is defined as the lighting or carrying of a lighted cigarette, pipe, or similar device.

As of January 1, 2008 smoking is prohibited in all college buildings and indoor facilities and campus grounds, except in the parking lots and certain identified and marked smoking areas . Additionally, smoking will not be allowed in any college vehicle. All campus entrances are to be posted designating the campuses as ?Smoke Free? and designating areas where smoking is permitted.

Smoking will be permitted in the following general areas only:

•  Outside of the lower Library entrance

•  Outside of the Technical Education building (between the Technical Education and Student Services buildings)

•  Outside of the entrance to the General Studies building (the side facing the faculty/staff parking lot)

(Signs have been placed in the smoking areas to indicate the location.)

The use of mouth, or smokeless, tobacco (to include dipping, chewing, etc.) is also prohibited under this policy and is subject to the same restrictions.

The policy applies to the entire college community including employees, students, and visitors. It is the responsibility of all faculty, staff, and students to adhere to, enforce, and to inform visitors of the College’s smoking policy. If a person continues to disregard the posting, he/she will be reported to the appropriate administrator or college police officer.

Visitors are not permitted in classes taught on the Northeast State main campus or at other off-campus teaching site owned, leased or used by the college except with prior approval of the classroom instructor. Children are not permitted to attend classes or lab sessions under any circumstances and should never be left unattended or without supervision in any area of the college.

All lost or abandoned property is subject to the custody of the state as unclaimed property. If the college has an address presumed to be accurate, a written notice to the apparent owner will be sent informing him/her that the college is in possession of the property. All property with a value that exceeds $50 and has remained unclaimed for more than one year is presumed abandoned.

Northeast State encourages students to express their concerns in a responsible manner. Students should first seek to resolve complaints or concerns informally with the college personnel directly responsible for the area of complaint. If this is not possible or does not provide a satisfactory outcome, students should submit written complaints or concerns about any area of the College’s operations to the office of the vice president for Student Affairs. That office will forward the complaint to the appropriate office on campus for review and resolution. Written complaints should state the nature of the concern as well as the resolution sought. All complaints must be signed and dated by the person making the complaint.

Complaints regarding discrimination or harassment should be directed to the Director of Human Resources, the college’s affirmative action officer.

State law requires all public institutions of higher education to provide a means by which students, employees, or others may report suspected or known improper or dishonest acts. In addition, Northeast State Technical Community College is committed to the responsible stewardship of our resources.

Whether you are part of departmental management, a faculty or staff member, a student, or an interested citizen, we encourage you to report known or suspected dishonest acts by employees, outside contractors or vendors.

You may report your concerns to the college’s Internal Audit at 423-439-5656 or to the Tennessee Board of Regents by email at ReportFraud@tbr.state.tn.us or to the Tennessee Comptroller’s Hotline for Fraud and Abuse at 1-800-232-5454.

A student who has a suggestion for improving services provided by the college should follow these steps:

1. Discuss the suggestion with the individual providing the service to include action(s) which can be taken to improve the service.
2. If the improvement action(s) require approval by the service provider’s supervisor or the college administration, the student should submit the suggestion in writing to the Vice President for Academic Affairs.
3. The Vice President for Academic Affairs will present the suggestion to the college’s Executive Council, which will review the service and make a recommendation to the President.
4. The President may direct the development and implementation of actions designed to improve the services provided by the college.