Student Conduct

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The community of scholars at Northeast State 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 that 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 .

1. Students enrolled in postsecondary educational institutions are citizens of their civic communities as well as the academic community. As such they are expected to conduct themselves as law-abiding members of each community at all times.   Admission to an institution of postsecondary 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 institution and the academic community which it seeks to serve, the Tennessee Board of Regents (“TBR” or “the Board”) has authorized the presidents of the institutions and directors of the technology centers under its jurisdiction to take such action as may be necessary to maintain campus conditions and preserve the integrity of the institution and its educational environment.

2. Pursuant to this authorization and in fulfillment of its duties to provide a secure and stimulating atmosphere in which individual and academic pursuits may flourish, Northeast State Community College has adopted the following student policies in support of TBR’s student rules. In addition, students are subject to all federal, state and local laws and ordinances. If a student’s violation of such laws or ordinances also adversely affects the institution’s pursuit of its educational objectives, the institutions may enforce their own policies regardless of the status or outcome of any external proceedings instituted by other civil or criminal authorities.

3. For the purpose of these policies, a “student” shall mean any person who is admitted and/or registered for study at a TBR institution for any academic period. This shall include any period of time following admission and/or registration, but preceding the start of classes for any academic period.   It will also include any period which follows the end of an academic period through the last day for registration for the succeeding academic period, and during any period while the student is under suspension from the institution. Finally, “student” shall also include any person subject to a period of suspension or removal from campus as a sanction which results from a finding of a violation of the policies governing student conduct. Students are responsible for compliance with the Student Conduct Policies and with similar institutional policies at all times.

4. Disciplinary action may be taken against a student for violation of the policies which occur on institutionally owned, leased or otherwise controlled property, while participating in international or distance learning programs, and off campus, when the conduct impairs, interferes with, or obstructs any institutional activity or the mission, processes, and functions of the institution. Institutions may enforce their own policies regardless of the status or outcome of any external proceedings instituted in any other forum, including any civil or criminal proceeding.

5. These policies, and related material incorporated herein by reference, are applicable to student organizations as well as individual students. Student organizations are subject to discipline for the conduct and actions of individual members of the organization while acting in their capacity as members of, or while attending or participating in any activity of, the organization.

6. Confidentiality of Discipline Process. Subject to the exceptions provided pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g and/or the Tennessee Open Records Act, T.C.A. § 10-7-504(a)(4), a student’s disciplinary files are considered “educational records” and are confidential within the meaning of those Acts.

This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.01, Institution Policy Statement.  To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control.  History – Adopted by TBR: 12/8/11.  Effective: 1/29/12.

1. Institutional disciplinary measures shall be imposed, through appropriate due process procedures, for conduct which adversely affects the institution’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 property owned or controlled by an institution.

2. Individual or organizational misconduct which is subject to disciplinary sanction shall include but not be limited to the following examples:

   (a) Conduct Dangerous to Self or Others. Any conduct, or attempted conduct, which constitutes a danger to any person’s health, safety, or personal well-being, including, but not limited to, the following:

     (1) Physical and/or verbal abuse,

     (2) Threats and/or intimidation,

     (3) Harm inflicted on self;

   (b) Hazing. Hazing, as defined in T.C.A. § 49-7-123(a)(1), means any intentional or reckless act, on or off the property, of any higher education institution by an individual acting alone, or with others, which is directed against any other person(s) that endangers the mental or physical health or safety of that person(s), or which induces or coerces a person(s) to endanger such person(s) mental or physical health or safety. Hazing does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization;

   (c) Disorderly Conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs institutional functions, operations, classrooms, other groups or individuals;

   (d) Obstruction of or Interference with institutional activities or facilities. Any intentional interference with or obstruction of any institutional, program, event, or facility including the following:

     (1) Any unauthorized occupancy of facilities owned or controlled by an institution or blockage of access to or from such facilities,

     (2) Interference with the right of any institution member or other authorized person to gain access to any activity, program, event or facilities sponsored or controlled by an institution,

     (3) Any obstruction or delay of a campus security officer, public safety officer, police officer, firefighter, EMT, or any official of an institution, or failure to comply with any emergency directive issued by such person in the performance of his or her duty;

   (e) 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 another including, but not limited to, any personal property, fire alarms, fire equipment, elevators, telephones, institution keys, library materials and/or safety devices;

   (f) Theft, Misappropriation, or Unauthorized Sale of Property;

   (g) Misuse of Documents or Identification Cards. Any forgery, alteration of or unauthorized use of institutional documents, forms, records or identification cards, including the giving of any false information, or withholding of necessary information, in connection with a student’s admission, enrollment or status in the institution;

   (h) Firearms and Other Dangerous Weapons. Any possession of or use of firearms, dangerous weapons of any kind, or replica/toy guns, e.g. BB guns, pellet guns, paintball guns, water guns, cap guns, toy knives or other items that simulate firearms or dangerous weapons;

   (i) 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;

   (j) Alcoholic Beverages. The use and/or possession of alcoholic beverages on institution owned or controlled property. This offense includes the violation of any local ordinance, state, or federal law concerning alcoholic beverages, on or off institution owned or controlled property, where an affiliated group or organization has alcoholic beverages present and available for consumption. Pursuant to Tennessee Code Annotated §49-7-146, Northeast State Community College is required to notify a parent of a student under age twenty-one (21) if the student “has committed a disciplinary violation” with respect to the use of possession of alcohol or a controlled substance that is a violation of any federal, state, or local law, or any rule or policy of Northeast State Community College, except as prohibited by the Federal Education Rights and Privacy Act (FERPA).  The trigger for notification will be 1) a plea of guilty to the applicable code of conduct violation, or 2) a final finding of guilt pursuant to the disciplinary procedures;

   (k) Drugs. The unlawful possession or use of any drug or controlled substance (including, but not limited to, any stimulant, depressant, narcotic or hallucinogenic drug, or marijuana), sale or distribution of any such drug or controlled substance. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession or use of drugs, on or off institution owned or controlled property. Pursuant to Tennessee Code Annotated §49-7-146, Northeast State Community College is required to notify a parent of a student under age twenty-one (21) if the student “has committed a disciplinary violation” with respect to the use of possession of alcohol or a controlled substance that is a violation of any federal, state, or local law, or any policy of Northeast State Community College, except as prohibited by the Federal Education Rights and Privacy Act (FERPA).  The trigger for notification will be 1) a plea of guilty to the applicable code of conduct violation, or 2) a final finding of guilt pursuant to the disciplinary procedures;

   (l) Drug Paraphernalia. The use or possession of equipment, products or materials that are used or intended for use in manufacturing, growing, using or distributing any drug or controlled substance. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession of drug paraphernalia, on or off institution owned or controlled property;

   (m) Public Intoxication. Appearing on institution owned or controlled property or at an institutional sponsored event while under the influence of a controlled substance or of any other intoxicating substance;

   (n) Gambling. Unlawful gambling in any form;

   (o) Financial Irresponsibility. Failure to meet financial responsibilities to the institution promptly including, but not limited to, knowingly passing a worthless check or money order in payment to the institution;

   (p) Unacceptable Conduct in Disciplinary Proceedings. Any conduct at any stage of an institutional disciplinary proceeding or investigation that is contemptuous, disrespectful, threatening, or disorderly, including false complaints, testimony or other evidence, and attempts to influence the impartiality of a member of a judicial body, verbal or physical harassment or intimidation of a judicial board member, complainant, respondent or witness;

   (q) Failure to Cooperate with Institutional Officials. Failure to comply with directions of institutional officials acting in the performance of their duties;

   (r) Violation of General Policies. Any violation of the general policies of the institution as published in an official institutional publication, including the intentional failure to perform any required action or the intentional performance of any prohibited action;

   (s) Attempts, Aiding and Abetting. Any attempt to commit any of the offenses listed under this section or the aiding or abetting of the commission of any of the offenses listed under this section (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). Being present during the planning or commission of any offense listed under this section will be considered as aiding and abetting. Students who anticipate or observe an offense must remove themselves from the situation and are required to report the offense to the institution;

   (t) Violations of State or Federal Laws. Any violation of state or federal laws or regulations proscribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference;

   (u) Violation of Imposed Disciplinary Sanctions. Intentional or unintentional violation of a disciplinary sanction officially imposed by an institution official or a constituted body of the institution;

   (v) Sexual Battery or Rape. Committing any act of sexual battery or rape as defined by state law. 

   (w) Harassment or Retaliation. Any act by an individual or group against another person or group in violation of TBR policies, as well as federal and/or state laws prohibiting discrimination, including, but not limited to, TBR policies 5:01:02:00,(F), 5:01:02:00, 2:02:10:01 and TBR Guideline P-080. All matters involving allegations of impermissible discrimination, harassment or retaliation will be governed by the procedures outlined in Tennessee Board of Regents Guideline P-080 Subject: Discrimination and Harassment –Complaint and Investigation Procedure or an institutional policy that reflects current requirements of that Guideline.  

   (x) Academic Misconduct. Plagiarism, cheating, fabrication. For purposes of this section the following definitions apply:

     (1) Plagiarism. The adoption or reproduction of ideas, words, statements, images, or works of another person as one’s own without proper attribution,

     (2) Cheating. Using or attempting to use unauthorized materials, information, or aids in any academic exercise or test/examination. The term academic exercise includes all forms of work submitted for credit or hours,

     (3) Fabrication. Unauthorized falsification or invention of any information or citation in an academic exercise.

   (y) Unauthorized Duplication or Possession of Keys. Making, causing to be made or the possession of any key for an institutional facility without proper authorization; 

   (z) Litter. Dispersing litter in any form onto the grounds or facilities of the campus;

   (aa) Pornography. Public display of literature, films, pictures or other materials which an average person applying contemporary community standards would find, (1) taken as a whole, appeals to the prurient interest, (2) depicts or describes sexual conduct in a patently offensive way, and (3) taken as a whole, lacks serious literary, artistic, political or scientific value;

   (bb) Abuse of Computer Resources and Facilities. Misusing and/or abusing campus computer resources including, but not limited to the following:

     (1) Use of another person’s identification to gain access to institutional computer resources,

     (2) Use of institutional computer resources and facilities to violate copyright laws, including, but not limited to, the act of unauthorized distribution of copyrighted materials using institutional information technology systems,

     (3) Unauthorized access to a computer or network file, including but not limited to, altering, using, reading, copying, or deleting the file,

     (4) Unauthorized transfer of a computer or network file,

     (5) Use of computing resources and facilities to send abusive or obscene correspondence,

     (6) Use of computing resources and facilities in a manner that interferes with normal operation of the institutional computing system,

     (7) Use of computing resources and facilities to interfere with the work of another student, faculty member, or institutional official,

     (8) Violation of any published information technology resources policy,

     (9) Unauthorized peer-to-peer file sharing;

   (cc) Unauthorized Access to Institutional Facilities and/or Grounds. Any unauthorized access and/or occupancy of institutional facilities and grounds is prohibited, including, but not limited to, gaining access to facilities and grounds that are closed to the public, being present in areas of campus that are open to limited guests only, being present in academic buildings after hours without permission, and being present in buildings when the student has no legitimate reason to be present;

   (dd) Providing False Information. Giving any false information to, or withholding necessary information from, any institutional official acting in the performance of his/her duties in connection with a student’s admission, enrollment, or status in the institution;

   (ee) Unauthorized Surveillance. Making or causing to be made unauthorized video or photographic images of a person in a location in which that person has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor’s parent or guardian. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, residence hall rooms, and men’s or women’s restrooms, and storing, sharing, and/or distributing of such unauthorized images by any means;

   (ff) Smoking Violations. Violation of any TBR and/or institutional smoking or other tobacco use policies.

   (gg) Violations of conduct requirements described in handbooks for specific programs of study.

3. Disciplinary action may be taken against a student for violations of the foregoing policies which occur at or in association with enrollment at an institution governed by the TBR for any academic period. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree including periods prior to or between semesters. Conduct occurring while a student is registered or enrolled at the Northeast State, but not discovered until after the awarding of a degree is actionable under these provisions and may result in the retroactive application of a disciplinary sanction. Should a student withdraw from the institution with disciplinary action or academic misconduct action pending, the student’s record may be encumbered by the appropriate institutional office until the proceedings have been concluded.

This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.02, Disciplinary Offenses.  To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11.  Effective: 1/29/12. 

1. Classroom Misconduct: The instructor has the primary responsibility for maintenance of academic integrity and controlling classroom behavior, and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct that violates the general policies of the institution for each class session during which the conduct occurs. Extended or permanent exclusion from the classroom, beyond the session in which the conduct occurred, or further disciplinary action can be effected only through appropriate procedures of the institution.

2. Disruptive behavior in the classroom may be defined as, but not limited to, behavior that obstructs or disrupts the learning environment (e.g., offensive language, harassment of students and professors, repeated outbursts from a student which disrupt the flow of instruction or prevent concentration on the subject taught, failure to cooperate in maintaining classroom decorum, etc.), text messaging, and the continued use of any electronic or other noise or light emitting device which disturbs others (e.g., disturbing noises from beepers, cell phones, palm pilots, lap-top computers, games, etc.). Classroom misconduct includes other conduct prohibited in handbooks for specific programs of study.

3. Academic Misconduct: Plagiarism, cheating, and other forms of academic dishonesty are prohibited. Students guilty of academic misconduct, either directly or indirectly, through participation or assistance, are immediately responsible to the instructor of the class. In addition to other possible disciplinary sanctions which may be imposed through the regular institutional disciplinary procedures, the instructor has the authority to:          

   (a) Request an Academic Misconduct Hearing of the Student Discipline Committee on the allegation of academic misconduct by contacting the vice president for Student Affairs. 

     (1) A student found responsible for academic misconduct by the Student Discipline Committee may be awarded a grade of “F” for the course, assignment, or examination at issue, and is also subject to additional sanctions as outlined in the Northeast State Student Code of Conduct.

     (2) The Student Discipline Committee may determine and impose sanctions independently of the vice president for Student Affairs.

     (3) The Student Discipline Committee is a standing committee of the College charged to hear evidence, to make findings of fact, and to make decisions based on those facts. The Committee is selected on an annual basis as follows:

      (i) Vice President for Student Affairs, Chair (non-voting)

      (ii) Academic Dean (1): Appointed by the Vice President for Academic Affairs

      (iii) Students (3): Designated by the Vice President for Student Affairs

      (iv) Faculty (8):

      (I) Faculty (1): Elected by Faculty in the Behavioral and Social Sciences Division

      (II) Faculty (1): Elected by Faculty in the Health-Related Professions Division

      (III) Faculty (1): Elected by Faculty in the Humanities Division

      (IV) Faculty (1): Elected by Faculty in the Mathematics Division

      (V) Faculty (1): Elected by Faculty in the Nursing Division

      (VI) Faculty (1): Elected by Faculty in the Science Division

      (VII) Faculty (2): Elected by Faculty in the Technical Education Division

      (v) Vice President for Academic Affairs, (non-voting)  

   (b) Summary Academic Discipline: A faculty member who has good cause to believe that a student engaged in academic misconduct in connection with a course taught by the faculty member or an examination proctored by the faculty member, or his or her designee, may choose to exercise Summary Academic Discipline as outlined below:

     (1) A student’s grade in the course, or the assignment or examination affected by the alleged academic misconduct may be lowered to any extent, including a grade of “F”.

     (2) When a faculty member exercises Summary Academic Discipline, the faculty member will, within five (5) business days of learning of the alleged academic misconduct, notify the student and the vice president for Student Affairs of the action in writing through the Summary Academic Discipline Process to advise the student of his or her right to appeal the Summary Academic Discipline through Student Due Process. To initiate an appeal of the Summary Academic Discipline, the student must contact the vice president for Student Affairs with five (5) business days of receipt of the notification of the summary action. The student appeal will be heard by the Student Discipline Committee within 15 business days of the appeal.

     (3) A student who is found responsible for academic misconduct will not be permitted to withdraw from the course to avoid Summary Academic Discipline.

     (4) A student who is found responsible for Academic Misconduct may be subject to additional Disciplinary Sanctions imposed through the office of the vice president for Student Affairs.

This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.03                      Academic and Classroom Misconduct.  To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11.  Effective: 1/29/12.

1. Upon a determination that a student or student organization has violated any of the disciplinary offenses set forth in these policies, institutional disciplinary policies, or the general policies of the institution, disciplinary sanctions may be imposed, either singly or in combination, by the appropriate institution officials.

2. Sanctions may include, but are not limited to, the following:

   (a) Restitution. Restitution may be required in situations which involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury. When restitution is required, the student or student organization is obligated by the appropriate judicial authority to compensate a party or parties for a loss suffered as a result of disciplinary violation(s). Any such payment in restitution shall be limited to actual cost of repair, replacement or financial loss;

   (b) Warning. The appropriate institutional official may notify the student or student organization that continuation or repetition of specified conduct may be cause for other disciplinary action;

   (c) Reprimand. A written or verbal reprimand or censure may be given to any student or student organization whose conduct violates any part of these policies and provides notice that any further violation(s) may result in more serious penalties;

   (d) Service to the Institution or Community. A student, or student organization, may be required to donate a specified number of service hours to the institution performing reasonable tasks for an appropriate institution office, official(s), or the local community. The service required shall be commensurate to the offense (e.g., service for maintenance staff for defacing institutional property);

   (e) Specified Educational/Counseling Program. A student or student organization may be required to participate in specified educational or counseling program(s) relevant to the offense, or to prepare a project or report concerning a relevant topic;

   (f) Apology. A student or student organization may be encouraged to issue an apology that is appropriate to the circumstances;

   (g) Fines. Penalties in the form of fines may be imposed against a student or student organization whenever the appropriate institutional authority deems appropriate. The sanction of fines may be imposed in addition to other forms of disciplinary sanctions. Failure to pay fines may result in further disciplinary action;

   (h) Restriction. A restriction upon a student’s or student organization’s privileges for a period of time may be imposed. This restriction may include, for example, denial of the ability to represent the institution at any event, ability to participate in institution or TBR sponsored travel, use of facilities, parking privileges, participation in extracurricular activities or restriction of organizational privileges;

   (i) Probation. Continued enrollment of a student or recognition of a student organization on probation may be conditioned upon adherence to these policies. Any student or organization placed on probation will be notified in writing of the terms and length of the probation. Probation may include restrictions upon extracurricular activities, or any other appropriate special condition(s). Any conduct in further violation of these policies while on probationary status or the failure to comply with the terms of the probationary period may result in the imposition of further disciplinary action;

   (j) Suspension. Suspension is the separation of a student or student organization from the institution for a specified period of time. Suspension may be accompanied by special conditions for readmission or recognition;

   (k) Expulsion. Expulsion entails a permanent separation from the institution. The imposition of this sanction is a permanent bar to the student’s admission, or a student organization’s recognition to the institution. A student or organization that has been expelled may not enter institution property or facilities without obtaining prior approval from an appropriate campus official with knowledge of the expulsion directive;

   (l) Revocation of Admission, Degree, or Credential;

   (m) Interim Suspension. As a general rule, the status of a student or student organization accused of violation of these policies should not be altered until a final determination has been made in regard to the charges. However, interim suspension, pending the completion of disciplinary procedures, may be imposed upon a finding by the appropriate institutional official that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well-being of the accused, any other member of the institution its guests, property, or substantial disruption of classroom or other campus activities. In any case of interim suspension, the student, or student organization, shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the suspension;

   (n) Any alternate sanction deemed necessary and appropriate to address the misconduct.

3. The president of Northeast State is authorized, at his/her discretion, to intervene in order to negotiate a mutually acceptable resolution to any disciplinary proceeding, or, subsequently, to convert any sanction imposed to a lesser sanction, or to rescind any previous sanction, in appropriate cases.

This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.04 Disciplinary Sanctions.  To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11.  Effective: 1/29/12.

1. General: Northeast State Community College, in the implementation of TBR regulations pertaining to discipline and conduct of students, insures the constitutional rights of students by affording a system of constitutionally and legally sound procedures which provide the protection of due process of law. In furtherance of this mandate, Northeast State has enacted policies which are in compliance with TBR Policy 3:02:01:00, as well as all state and federal law. All disciplinary procedures are affirmatively communicated to the faculty, staff, and students of the institution as well as published in appropriate websites, handbooks, or manuals. 

2. TUAPA: All cases which may result in: (a) suspension or expulsion of a student, or student organization, from the institution, for disciplinary reasons or (b) revocation of registration of a student organization, are subject to the contested case provisions of the Tennessee Uniform Administrative Procedures Act (TUAPA), T.C.A. § 4-5-101 et seq., and shall be processed in accord with the Uniform Contested Case procedures adopted by the Board of Regents unless the student or organization, after receiving written notice, waives those procedures and elects to have the case disposed of in accord with institutional procedures or waives all right to contest the case under any procedure.  

3. Institutional Procedures:

   (a) All complaints of alleged misconduct of a student or student organization shall be made in writing to the vice president for Student Affairs. The complaint should contain a statement of facts outlining each alleged act of misconduct and shall state the policy the student is alleged to have violated.

   (b) The Vice President of Student Affairs shall investigate the complaint. If it is determined that the complaint is without merit, the investigation shall promptly cease. If it is determined that there is probable cause to believe that a violation did occur, the student (or student organization advisor and president) shall be notified in writing within five (5) business days by the vice president for Student Affairs of the complaint and the specific allegations made against them, and the process shall proceed as outlined below.

   (c) For students facing disciplinary action, four potential processes exist for adjudication of the case. The student shall be informed in writing of each option, including which options may be utilized based on the case, and the due process rights associated with each option. Options include election of 1) a hearing before the Northeast State Student Discipline Committee; 2) informal adjudication of the case by the vice president for Student Affairs; 3) to not contest the case, or 4) TUAPA hearing in the circumstances described in Section 6(2). Election of use of TUAPA or the Northeast State Student Discipline Committee hearing options entitle the student to due process. Student election of the use of informal adjudication or to not contest the case requires that the student waive, in writing, his/her right to due process. Selection of one option constitutes waiver of all other options. The student shall have five business days following written notification to select an option. In cases in which the student elects to have the Vice President for Student Affairs informally adjudicate the case, the case shall be adjudicated according to the Informal Adjudication Procedure and the decision of the vice president for Student Affairs will be final. If a student, absent good cause, fails to return the Election of Waiver of Hearing Procedures Form in a timely manner, the student will be deemed to have waived a right to the processes described above and Northeast State may proceed as it deems, in its sole discretion, appropriate in the circumstances.

4. Minimum Requirements of Due Process for Institutional Hearings: Students subject to any disciplinary sanction are entitled to a due process hearing unless that right is waived by the student after receiving written notice of the available adjudication options:

   (a) The student shall be advised by the vice president for Student Affairs, in writing, of the breach of policy(ies) of which she/he is charged. Written charges of alleged violations will include: the alleged policy violation, a statement of the facts to be presented, a statement that a hearing will be conducted before the Northeast State Student Discipline Committee on the charges, together with notice of the date, time and place of hearing. The hearing date will be scheduled within 10 business days of student election of a Student Discipline Committee hearing. The hearing will be conducted at the date, time, and place specified, unless postponed for good cause.

   (b) Written charges and hearing determinations will be served by handing a copy to the person or by mailing via certified mail a copy to the person at his residence or last known residence. The student will have five business days to select a hearing option. Student failure to respond in writing within five days of receipt will constitute a waiver of all hearing options.

   (c) Individuals accused of misconduct will be given an explanation of the evidence against them.

   (d) Students accused of misconduct will be given a copy of the institutional policies concerning due process procedures.

   (e) The student shall be advised of the following rights applicable at the hearing:

     (1) The right to present his or her case. However, the student’s absence, absent good cause, will not hinder the Hearing Committee from meeting and rendering a decision.

     (2) The right to be accompanied by an advisor. The hearing committee may restrict the advisor’s right to speak at the hearing. The advisor can be an attorney if Northeast State is equally represented.

     (3) The right to call witnesses in his or her behalf,

     (4) The right to confront witnesses against him or her, and

     (5) The method and time limitations for appeal, if any is applicable.

   (f) The Student Discipline Committee is a standing committee of the College charged to hear evidence, to make findings of fact, and to make decisions based on those facts. The Committee is selected on an annual basis as follows:

     (1) Vice President for Student Affairs, Chair (non-voting)

     (2) Academic Dean (1): Appointed by the Vice President for Academic Affairs

     (3) Students (3): Designated by the Vice President for Student Affairs

     (4) Faculty (8):

      (I) Faculty (1): Elected by Faculty in the Behavioral and Social Sciences Division

      (II) Faculty (1): Elected by Faculty in the Health-Related Professions Division

      (III) Faculty (1): Elected by Faculty in the Humanities Division

      (IV) Faculty (1): Elected by Faculty in the Mathematics Division

      (V) Faculty (1): Elected by Faculty in the Nursing Division

      (VI) Faculty (1): Elected by Faculty in the Science Division

      (VII) Faculty (2): Elected by Faculty in the Technical Education Division

     (5) Vice President for Academic Affairs (non-voting)

   (g) Any individual who has an interest in the case will not sit in judgment as a member of the hearing committee.

   (h) The student will receive from the vice president for Student Affairs a written copy of the decision of the Student  Discipline Committee with any sanctions within 10 business days of the hearing.

   (i) The student or student organization may appeal the decision in writing within five (5) business days to the President of the College. Any action assessed shall be suspended pending outcome of the appeal. The President will make a determination within ten (10) business days. The President’s decision is final except in those cases in which appeal is provided, by policy, to the Tennessee Board of Regents.

5. Interim Suspension Hearings: Interim suspension hearings are conducted to determine if the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well being of the accused, any member of the college community or its guests, the destruction of property, or substantial disruption of classroom or other campus activities. Hearings conducted with regard to interim suspensions imposed pending the outcome of a disciplinary investigation or proceeding shall be conducted consistent with the minimum requirements of due process applicable to an institutional hearing, taking into account the need for a timely hearing. The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted for imposition of the interim suspension.

6. The president of Northeast State Community College is authorized, at his or her discretion, to intervene in order to negotiate a mutually acceptable resolution to any disciplinary proceeding, or, subsequently, to convert any finding or sanction imposed to a lesser finding or sanction, or to rescind any previous finding or sanction, in appropriate cases.

This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.06 Disciplinary Procedures and due Process.  To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11.  Effective: 1/29/12.

Campus-wide smoking and tobacco regulations are intended to limit the potential adverse effects of smoking and other tobacco use. Northeast State Community College restricts smoking and the use of tobacco as follows:

1. All campus locations: There shall be no smoking or other tobacco use, including the use of electric cigarettes, in any buildings owned or leased by the College or otherwise located on the campus, including hallways, classrooms, offices, restrooms, meeting rooms, lobbies, elevators, shops, cafeterias, snack bars, waiting rooms, and in-door or out-door spaces in campus buildings.
2. Grounds and Open Air Areas: Smoking or other tobacco use is prohibited on all grounds and in all open air areas except in parking lots which are more than 50 feet away from any doorways, windows, and ventilation systems to prevent smoke from entering campus buildings. This includes all campuses owned or leased by the College.
3. College Vehicles: Smoking or other tobacco use is prohibited in all college-owned or leased vehicles.
4. Enforcement Policies: All members of the College Community are responsible for compliance with this policy. Violators of the smoking and tobacco use policy will be subject to normal administrative/student disciplinary/personnel procedures.

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. 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. The Student Affairs Office will forward the complaint to the appropriate Vice President’s office (as determined by the nature of the complaint) for review. The student will be notified of the outcome within two weeks of the receipt of the complaint. If the student is not satisfied with the outcome, he or she may appeal in writing to the President of the College. The President’s decision will be final.

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

Under the Federal Program Integrity rules (34 CFR 600.9(a)(1)(i)(A)), the Tennessee Board of Regents system office has been designated as the authority to investigate complaints about TBR institutions related to institutional accreditation or violation of State laws. 

Students or prospective students who wish to file a complaint related to accreditation or regarding violations of state law not resolved at the institution may submit a Student Complaint Form to the Tennessee Board of Regents at 1415 Murfreesboro Road, Suite 340, Nashville Tennessee 37217, or by going on-line and filing out the form electronically at http://www.tbr.edu/contact/default.aspx?id=2936. Under Tennessee’s open records law, all or parts of complaints will generally be available for review upon request from a member of the public.

Complaints regarding accreditation can also be made by contacting the Southern Association of Colleges and Schools Commission on Colleges, 1866 Southern Lane, Decatur, Georgia 30033-4097, telephone: 404-679-4500 (www.sacscoc.org).

Complaints of fraud, waste or abuse may be made by email at reportfraud@tbr.edu or by calling the Tennessee Comptroller’s Hotline for Fraud, Waste and Abuse at 1-800-232-5454.

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 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.