Staff Policy D-602.01
Institutional Effectiveness Criterion: Champion

Student Rights and Responsibilities – Process

  1. General Statement of Student Rights and Responsibilities
    1. The purpose of the Student Rights and Responsibilities statement is to define a student’s basic rights within the college community, state what actions students may expect from the college to protect those rights, and explain the college’s expectations of its student members, including the standards by which student behavior are measured. This statement describes unacceptable student behavior and outlines the procedures by which students are disciplined if they engage in unacceptable conduct.
    2. Students have the right to be treated fairly by the college and to be informed of college policies and/or regulations affecting them. Any student accused of violating college policies and/or regulations is entitled to fair and balanced procedural protection.
  2. General Jurisdiction
    Application to Academic Students: A person must be officially admitted and/or currently registered for an academic credit course to be considered a student under this policy.
  3. Student Code of Conduct
    1. Jurisdiction
      1. The jurisdiction of the college shall extend to personal behavior and conduct which occurs on Northwestern Michigan College property, or at any official college function or activity whether those activities are social, professional, or academic.
      2. The Vice President of Enrollment Management and Student Services shall have original jurisdiction over all complaints involving Section 3. b. (Prohibited Behavior). The College Review Board shall have exclusive jurisdiction over all appeals under Section 3.
    2. Prohibited Behavior: The following behavior and conduct is prohibited. This list is not intended to be exhaustive and the college reserves the right to impose discipline for personal behavior and conduct that may not be expressly identified in Section 3. b. if the student knew or should have known that the conduct was not appropriate under the circumstances.
      1. Interference with the teaching and learning process, including the use of profanity toward another student or faculty/staff member.
      2. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person, including sexual assault against any student, faculty, staff, or guest of the college.
      3. Discrimination based on age, color, disability/handicap, height, marital status, national origin, political affiliation, race, religion, gender, sexual orientation, veteran’s status, or weight.
      4. Interference by force, threat, harassment, or duress with an individual’s personal safety, academic efforts, employment, or participation in college sponsored activities and/or creating a reasonable apprehension that such interference is about to occur. This includes stalking.
      5. Disruption of college activities and college business, including, but not limited to, classes, convocations, and student services.
      6. Continued occupation of a college facility after being requested to leave by any person acting as an authorized agent of the college.
      7. Defacement, damage to, or theft of college property and/or that of another student, faculty, staff, or guest of the college.
      8. Tampering with fire alarms, safety systems, or the unauthorized setting of fires.
      9. Dishonesty, including, but not limited to, cheating, furnishing false information to the college, forgery, misuse or alteration of any college document, or misuse of the college computer system. Academic dishonesty is covered in the Academic Code of Behavior as set forth in Section 5.
      10. Making a false report concerning a fire, bomb, or other alleged emergency.
      11. Use, possession, manufacture, or distribution of drug paraphernalia, controlled substances, drugs, or their lookalikes. The use of tobacco products and alcoholic beverages as prohibited by NMC policies and/or state law.
      12. Possession, while on campus or at a college sponsored function, of any weapons, or look alike weapons, including, but not limited to, firearms, explosives, dangerous chemicals, knives, brass knuckles, licensed weapons, or objects or instruments possessed for use as a weapon or for direct or indirect delivery to another person for use as a weapon.
      13. Willful disobedience of college officials or authorized agents acting in the performance of their duties.
      14. Willful violation of college rules, regulations, procedures, and policies as promulgated in college policy statements.
      15. Any violation of a local ordinance, or state or federal law.
      16. Unauthorized possession, duplication, or use of keys to any college premises, or unauthorized entry to or use of college premises, or tampering with any door or door locking mechanism.
      17. Bringing animals into the classrooms or buildings, with the exception of Seeing Eye dogs, or dogs trained to assist persons with a disability recognized under state or federal law.
      18. To maintain classroom integrity, only those students registered for an NMC class may attend that class, except for authorized guests.
      19. Conduct which is disorderly, lewd, or indecent; which includes the use of electronic/digital recording and/or imaging devices used to take images and/or recordings of persons without their knowledge and/or consent; breach of the peace; aiding, abetting, or procuring another person to breach the peace on college premises or at functions sponsored by the college, or participated in by the college.
      20. Theft or other abuse of computer time, as described in the Computer and Network Acceptable Use Policy including, but not limited to:
        1. Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.
        2. Unauthorized transfer of files.
        3. Unauthorized use of another individual’s identification or password.
        4. Use of computer facilities to interfere with the work of another student, faculty/staff member, or college official.
        5. Use of computer facilities to send or publish threatening, obscene, or abusive messages.
        6. Use of computer facilities to view and/or print obscene or offensive images.
        7. Use of computer facilities to interfere with normal operations of the college computer system.
      21. Abuse of the disciplinary process, including, but not limited to:
        1. Failure to obey the summons of a disciplinary body or college official.
        2. Falsification, distortion, or misrepresentation of information before a disciplinary body.
        3. Disruption or interference with the orderly conduct of a disciplinary proceeding.
        4. Interruption of a disciplinary proceeding.
        5. Attempting to discourage an individual’s proper participation in, or use of, the disciplinary system.
        6. Attempting to influence the impartiality of a member of a disciplinary body prior to, and/or during the course of, the disciplinary proceeding.
        7. Verbal or physical harassment and/or intimidation of a member of a disciplinary body prior to, during, and/or after a disciplinary proceeding.
        8. Failure to comply with the sanction(s) imposed under the Student Code of Conduct.
        9. Influencing or attempting to influence another person to commit an abuse of the disciplinary system.
    3. Report of Violations – Initial Inquiry
      1. Any person may report that a student has allegedly violated the Student Code of Conduct to the Vice President of Enrollment Management and Student Services, or his/her designee.
      2. Upon receiving such a report, the Vice President of Enrollment Management and Student Services or his/her designee may conduct an informal inquiry to determine:
        1. If there is jurisdiction over the alleged violation;
        2. Whether the accused is a student, as defined in Section 2;
        3. Whether the alleged conduct is prohibited; and
        4. Whether a sanction is probable, if the allegation is proven.
    4. Procedures: Following an informal inquiry, if the Vice President of Enrollment Management and Student Services or his/her designee determines that the alleged violation, if proven, would result in a written warning, the procedures as set forth in Section 3. d. i. of the Student Code of Conduct shall apply. If the Vice President of Enrollment Management and Student Services or his/her designee determines that the alleged violation, if proven, could result in the imposition of a sanction or sanctions more severe than a warning, the procedures as set forth in Section 3. d. ii. of the Student Code of Conduct will apply.
      1. If the Vice President of Enrollment Management and Student Services or his/her designee determines after discussing with the student that a violation has occurred and the sanction for the violation should be a written warning, the following procedures shall be used:
        1. A written warning shall be administered and presented to the student by the Associate Supervisor of Residence Life or the Director of Residence Life and Judicial Affairs or any other authorized employee of the College.
        2. Written notice of the conduct constituting the violation and the nature of the warning shall be filed by the Vice President of Enrollment Management and Student Services or his/her designee or any other authorized employee with the Office of Student Services.
        3. There shall be no appeal from this written warning.
        4. All written warnings and notices will be securely stored digitally in Judicial Affairs Group (JAG). This material will be held for a minimum of three years.
      2. If the Vice President of Enrollment Management and Student Services, or his/her designee, has a reasonable basis to believe a sanction more severe than a warning could be imposed, then the following procedures will be used:
        1. Complaint. All proceedings other than the administration of a warning shall commence with the filing of a written complaint with the Vice President of Enrollment Management and Student Services as soon as reasonable following the date of the alleged violation. A complaint may be filed only when there is a good faith belief that there has been a violation of prohibited behavior.
        2. Form of Complaint. The complaint shall include (1) facts alleged to constitute a violation; (2) the provision(s) of the Student Code of Conduct alleged to have been violated; and (3) the name of the student alleged to have committed the violation.
        3. Who May File. The complaint may be filed by (1) a college administrator or staff person; (2) faculty member; (3) student; (4) resident hall staff; or (5) other individual as designated or confirmed by the Vice President of Enrollment Management and Student Services.
        4. Service. The student against whom the complaint is made shall be personally notified and provided a copy of the complaint and the probable sanctions by the Vice President of Enrollment Management and Student Services or his/her designee, as soon after the complaint is filed as possible.
        5. Response. A student served with a complaint shall elect one of the following options within three (3) college business days after service of the complaint by completing, signing, and returning the Student Response form to the Vice President of Enrollment Management and Student Services.
          1. The student may admit the alleged violation and be sanctioned accordingly.
          2. The student may request mediation, if the Vice President of Enrollment Management and Student Services and other affected parties agree to mediation. If mediation fails or is not agreed to by the Vice President for Enrollment Management and Student Services or any of the other parties, the individual shall proceed under options (i) or (iii) of this section.
          3. The student may deny the alleged violation.
        1. Investigation. If the student denies the allegations, the Vice President of Enrollment Management and Student Services will, within a reasonable period of time, but not more than fifteen (15) college business days, begin the investigation process. The Vice President of Enrollment Management and Student Services shall take the following action:
          1. Meet with the student and other relevant parties.
          2. If necessary, assign an impartial investigator to conduct further investigation pursuant to the College’s “Investigation Guidelines.”
          3. Present the student with all of the evidence upon which a decision will be made and an opportunity for the student to refute the evidence.
        2. Findings. Following completion of the Investigation provided under ii. (f) above, the Vice President of Enrollment Management and Student Services shall take the following action:
          1. Evaluate all evidence presented and, either:
            • Dismiss the complaint for lack of clear and convincing evidence that a violation of the Student Code of Conduct occurred or that the accused did not commit the act that resulted in a violation, or
            • Based on a finding of clear and convincing evidence, determine that a violation of the Student Code of Conduct was committed by the accused and impose an appropriate sanction.
        3. Notice. As soon as the Vice President of Enrollment Management and Student Services makes a finding, the Vice President shall notify the student in writing.
          If the Student Response Form is not completed and returned within three (3) college business days after service, the Vice President of Enrollment Management and Student Services may treat such action as an admission of the violation and administer a sanction.
    5. Sanctions: A sanction is an action taken when the Student Code of Conduct has been violated. One or more of the following sanctions may be applied. If the student expressly waives his/her right to be sanctioned under this section, the college may impose a different sanction than those listed.
      1. Warning. Notice, orally or in writing, that continuation or repetition of conduct in violation of Section 3. b. may be cause for more severe disciplinary action.
      2. Censure. A written reprimand, including the possibility of more severe disciplinary sanctions in the event of a subsequent violation of a college regulation within a stated period of time.
      3. Letter of Apology. The student will prepare and send a letter of apology to the victim(s) of the misconduct.
      4. Probation. Exclusion from participation in privileges or extracurricular college activities for a period not to exceed one academic year from date of offense or infraction.
      5. Restitution. Reimbursement for defacement, damage to, or misappropriation of property, or personal injury expenses.
      6. Community Service. The performance of an appropriate amount of public service that is both beneficial to the community and which will likely assist the individual in understanding the harm caused by his or her conduct.
      7. Fines. Differing from reimbursement in that the monetary amount required is a pre-set designation and is not tied to cost of defacement or damage.
        1. Smoking violation; $ 25.00 fine per offense
        2. Throwing items from any room window; $ 50.00 fine per object
        3. Tampering with fire safety equipment; $ 500.00 fine per offense
        4. Unauthorized access on any roof; $ 50.00 fine per offense
      8. Educational Design. The individual enrolls in and completes a class or completes a study or paper that helps the person understand the harm caused by his or her conduct. This sanction may be required for alcohol, substance abuse, or psychological assessments.
      9. Restricted Student Status. The student will be allowed to go to and from classes only and will not be allowed to participate freely in any other campus activity. Campus security services may be required, if deemed appropriate. This sanction may remain in effect until completion of the disciplinary process.
      10. Disciplinary Suspension. Exclusion from classes and other privileges or activities as set forth in the notice for a definite period of time. A disciplinary suspension will be held in abeyance during an appeal.
      11. Emergency Suspension.
        1. Exclusion from campus and/or classes and/or other privileges or activities for purposes of investigation, and/or relieving the tension of the student body or class due to a serious infraction of campus rules; or removing a threat to the well-being of the students, or removing for the good of the order of the college a student or students whose presence would prevent the continued normal conduct of the academic community.
        2. Emergency Suspension may be imposed immediately by the Vice President of Enrollment Management and Student Services or by his/her designee without the filing of a complaint. Emergency Suspension will continue until reviewed by the Vice President of Enrollment Management and Student Services. If the Emergency Suspension is continued for more than three (3) college business days, the student shall have the right to appeal to the College Review Board within three (3) college business days following the emergency suspension. Students who are suspended for disciplinary reasons will receive a grade of W for all classes in which he/she is enrolled. If the suspension is overturned and the student does not wish to finish the semester, tuition, and fees paid for that semester may be applied toward future enrollments or refunded.
      12. Expulsion. Termination of student status. Readmission may not be sought before the expiration of one academic year from the date of expulsion.
      13. Permanent Expulsion. Permanent expulsion is for the most severe cases, with no rights for future re admission considered.
    6. Appeal: An appeal of the Vice President of Enrollment Management and Student Services or designee finding that a violation occurred and/or the imposed sanction or sanctions may be taken to the College Review Board. (See Section 7). A notice of appeal must be filed with the office of the Vice President of Enrollment Management and Student Services within ten (10) college business days after the student has received notice of the decision of the Vice President of Enrollment Management and Student Services.
  4. Residence Hall Code of Conduct
    1. Jurisdiction
      1. The Director of Residence Life and Judicial Affairs and the Vice President of Enrollment Management and Student Services shall have jurisdiction, respectively, in all cases involving code violations under the Residence Hall Code of Conduct as set forth in Section 4. b.
      2. Personal actions on NMC Residence Hall property, adjacent areas, or at official Residence Hall sponsored functions, as proscribed in Section 4. b., are governed by the Residence Hall Code of Conduct.
    2. Prohibitive Behavior: The following behavior and conduct is prohibited. This list is not intended to be exhaustive and incorporates by reference all prohibited personal behavior included in Section 3. b. of this publication for purposes of a warning. The College reserves the right to impose discipline for personal actions that may not be expressly identified in Section 4. b. if the student knew or should have known that the conduct was not appropriate under the circumstances.
      1. The manufacture, use, or sale of alcohol, inhalants, and other drugs are prohibited. Alcohol containers and drug paraphernalia are also prohibited.
      2. Knowingly being present in a residence hall room where a prohibited substance is being used, but not using it or consuming it yourself.
      3. Any violation of a local ordinance, or state or federal law.
      4. Violation of posted quiet hours or making continued noise during other hours when requested by another resident to limit your noisemaking. These other hours are commonly referred to as courtesy hours.
      5. Burning of items such as incense, candles, embers, natural fuel, oil, kerosene, propane, and charcoal.
      6. Keeping of fireworks, gasoline, and all other combustibles.
      7. Keeping or using any item which displays an open heating element, such as hot plates and hot pots.
      8. Keeping of motorcycles or other fuel driven engines in your room.
      9. Keeping of natural cut trees, leaves, or greens in your room other than potted plants.
      10. Keeping of firearms, weapons, including, but not limited to, hunting knives, swords, brass knuckles, and martial arts weapons.
      11. Keeping of lookalike weapons, including, but not limited to, pellet guns.
      12. Keeping of paintball guns and paintball pellets.
      13. Allowing a guest to stay in your room or other resident’s rooms for more than ten nights per semester.
      14. Allowing a guest to stay in your room without the written and verbal permission of your roommate and suitemate(s), filed a minimum of 24 hours prior to the visit with your resident assistant.
      15. Allowing a guest to enter the living areas of the Residence Halls without signing in at the Front Desk.
      16. Allowing guests in your room who are under the age of 18 years. The only exceptions are those guests who are NMC students or family members.
      17. Smoking inside any areas of the Residence Halls including individual rooms.
      18. Instigating offensive odors in any areas of the Residence Halls including individual rooms. Offensive odors may be defined as, but not limited to, clove cigarettes, pipes, potpourri, or use of fragrant sprays.
      19. The throwing of any material (including liquids) from windows.
      20. Entering a room through a window.
      21. Unauthorized access to, and on the roof of either Residence Hall building, and the glass skylight area of the Student Center in West Hall.
      22. Keeping your Residence Hall room in an unsafe or condition that hinders the health of yourself and others.
      23. Use of nails, tape, putty, glue, or any adhesive material as decorations in your room, which may cause damage.
      24. Writing directly on furniture, walls, doors, floors, and windows in your Residence Hall room.
      25. Failure to remove your garbage to the dumpsters located behind West Hall.
      26. Disposing of garbage, including cigarette butts, on the ground.
      27. Entering the cafeteria without a shirt or shoes or in a swimsuit.
      28. Transferring use of your meal card to another person.
      29. Decorating your room with alcohol bottles, cans, or boxes.
      30. For your safety and the safety of others, all sports are banned inside the Residence Hall buildings. This includes bike riding, rollerblading, and any kind of ball play.
      31. Not evacuating during a fire alarm.
      32. Failure to comply with sanction(s) imposed under the Residence Hall Code of Conduct.
    3. Report of Violations – Initial Inquiry
      1. Any person may report that a student has allegedly violated the Resident Hall Code of Conduct to the Director of Residence Life and Judicial Affairs.
      2. Upon receiving such a report, the Director of Residence Life and Judicial Affairs, or his/her designee, may conduct an informal inquiry to determine:
        1. If there is jurisdiction over the alleged violation;
        2. Whether the accused is a student, as defined in Section 2.
        3. Whether the alleged conduct is prohibited; and
        4. Whether a sanction is probable, if the allegation is proven.
    4. Procedures: Following an informal inquiry, if the Director of Residence Life and Judicial Affairs , or his/her designee, determines that the alleged violation, if proven, would result in a written warning, then the procedures as set forth in Section 4. d. i. of the Residence Hall Code of Conduct will apply. If the Director of Residence Life and Judicial Affairs or his/her designee determines that the alleged violation, if proven, could result in the imposition of a sanction more severe than a warning, the procedures as set forth in Section 4. d. ii. of the Residence Hall Code of Conduct will apply.
      1. Upon completion of an investigation, if the Director of Residence Life and Judicial Affairs, or his/her designee, determines after discussing with the student that a violation has occurred and the appropriate sanction for the violation should be a written warning with appropriate counseling, the following procedures will be used:
        1. A written warning shall be administered and presented to the student by the Associate Superintendent of Residence Life or the Director of Residence Life and Judicial Affairs or any other authorized employee of the College.
        2. Written notice of the conduct constituting the violation and the nature of the warning shall be filed by the appropriate staff member with the Office of Residence Life and Judicial Affairs.
        3. There shall be no appeal from this written warning
        4. All written warnings and notices will be securely stored digitally in Judicial Affairs Group (JAG). This material will be held for a minimum of three years.
      2. If the Director of Residence Life and Judicial Affairs has a reasonable basis to believe a sanction other than a warning could be imposed for the alleged violation of the Residence Hall Code of Conduct, the following procedures shall be used:
        1. Complaint. A complaint shall be filed with the Director of Residence Life and Judicial Affairs as soon as reasonable following the date of the alleged violation. A complaint may be filed only where there is a good faith belief that there has been a violation of the prohibited conduct.
        2. Form of Complaint. The complaint shall include (1) facts alleged to constitute a violation; (2) the provision(s) of the Residence Hall Code of Conduct believed to have been violated; (3) the name of the student(s) alleged to have committed the violation.
        3. Who May File. The complaint can be filed by (1) a college administrator or staff person; (2) faculty member; (3) student; (4) resident hall staff; or (5) another individual as designated or confirmed by the Director of Residence Life and Judicial Affairs.
        4. Service. The student against whom the complaint is made shall be personally notified and provided a copy of the complaint and the probable sanction by the Director of Residence Life and Judicial Affairs as his/her designee as soon after the complaint is filed as possible.
        5. Response. A student served with a complaint shall elect one of the following options within three (3) college business days after service of the complaint by completing, signing, and returning the Student Response form to the Director of Residence Life and Judicial Affairs.
          1. The student may admit the alleged violation and be sanctioned accordingly.
          2. The student may request mediation, if they and other affected parties agree to mediation. If mediation fails or is not acceptable to the Director of Residence Life and Judicial Affairs or any of the other parties, the individual shall proceed under options (i) or (iii) of this section.
          3. The student may deny the alleged violation.
          If the Student Response form is not completed and returned within the three (3) college business days, the Director of Residence Life and Judicial Affairs may treat such action as an admission of a violation, and administer a sanction.
        6. Investigation. If the student denies the allegation, the Director of Residence Life and Judicial Affairs shall, within a reasonable period of time, but not more than fifteen (15) college business days, begin the investigation process. The Director of Residence Life and Judicial Affairs shall take the following action:
          1. Meet with the student and other appropriate parties.
          2. If necessary, assign an impartial investigator to conduct further investigations pursuant to the College’s “Investigation Guidelines.”
          3. Present the student with all of the evidence upon which a decision will be made and provide the student with an opportunity to refute the evidence.
        7. Findings. Following completion of the investigation provided under (ii)(f) above, the Vice President of Enrollment Management and Student Services or designee shall take the following action:
          1. Evaluate all evidence presented and, either:
          2. Dismiss the complaint for lack of clear and convincing evidence that a violation of the Residence Hall Code of Conduct occurred or that the accused did not commit the act that resulted in a violation, or
          3. Based on a finding of clear and convincing evidence, determine that the accused violated the Residence Hall Code of Conduct and impose an appropriate sanction.
            If the Student Response form is not completed and returned within the seven (7) college business days, the Director of Residence Life and Judicial Affairs may treat such action as an admission of a violation, and administer a sanction.
    5. Sanctions: A sanction is an action taken when the Residence Hall Student Code of Conduct has been violated. Sanctions are meant to assist in creating a community which upholds the educational mission of the Residence Halls. If the student expressly waives his/her right to be sanctioned under this section, the College may impose a different sanction.
      1. Warning. Notice, orally, or in writing, that continuation or repetition of student conduct in violation of prohibited conduct as set forth in Section 3. b., and Section, 4. b., may be cause for more severe disciplinary action.
      2. Censure. A written reprimand, including the possibility of more severe disciplinary sanctions in the event of a subsequent violation of a Residence Hall violation within a stated period of time.
      3. Letter of Apology. The student will prepare and send a letter of apology to the victim(s) of the misconduct.
      4. Restitution. Reimbursement for defacement, damage to, or misappropriation of property, or personal injury expenses.
      5. Fines. Differing from reimbursement in that the monetary amount required is a pre set designation and is not tied to cost of defacement or damage.
        1. Smoking violation; $25 fine per offense
        2. Throwing items from room window; $50 fine per object
        3. Unauthorized or overextended guest; $50 fine per night
        4. Garbage or personal belongings placed in unauthorized areas; $25 fine per bag or $15 fine per item
        5. Non evacuation during fire alarm; $ 100 fine per offense
        6. Tampering with fire safety equipment; $ 500 fine per offense
        7. Unauthorized access on the roof; $50 fine per offense
        8. Failure to comply with health and safety violation correction; $25 fine per day
      6. Educational Design. The individual enrolls in and completes a class or completes a study or paper that helps the person understand the harm caused by his or her conduct. This sanction may be required for alcohol, substance abuse, or psychological assessments.
      7. Community Service. The individual completes work projects assigned by the Director of Residence Life and Judicial Affairs. The work will be directly related to the prohibited action in which the student engaged.
      8. Disciplinary Housing Suspension. Removal from the Residence Hall living areas and possibly public areas. The individual may be responsible for all remaining housing and meal charges. The individual forfeits his/her deposit. This sanction is in full effect during the appeals process if it is invoked. Readmission may not be sought before the expiration of one academic year from the date of suspension.
      9. Permanent Housing Eviction. Removal from the Residence Hall living areas and public areas. The individual may be responsible for all remaining housing and meal charges. The individual forfeits his/her deposit. This sanction is in full effect during the appeals process if it is invoked. No rights for future readmission considered.
      10. Emergency Suspension.
        1. Exclusion from housing privileges or activities for purposes of investigation and/or relieving the tension of the student body or class due to a serious infraction of housing or campus rules; or removing a threat to the well-being of the students, or removing for the good of the order of the college, a student or students whose presence would prevent the continued normal conduct of the academic or residential community.
        2. Emergency Suspension may be imposed immediately by the Director of Residence Life and Judicial Affairs or by his/her designee without the filing of a complaint. Emergency Housing Suspension will continue until reviewed by the Director of Residence Life and Judicial Affairs. If the Emergency Suspension is continued for more than three (3) college business days, the student shall have the right to appeal to the Vice President of Enrollment Management and Student Services within three (3) college business days following the emergency suspension. A student may not appeal the decision of the Vice President of Enrollment Management and Student Services. The decision of the Vice President of Enrollment Management and Student Services is final.
    6. Appeal
      1. An appeal of the Director of Residence Life and Judicial Affairs decision may be taken to the Vice President of Enrollment Management and Student Services. All appeals must be filed, in writing, within ten (10) college business days after the student has received notice of the decision. All appeals must be based on the following reasons and pursuant to the following procedures:
        1. New evidence that is available that was not available during the investigation.
        2. The evidence upon which the decision was made was insufficient or failed to meet the burden of proof.
        3. The sanction was too severe for the offense.
      2. The Vice President of Enrollment Management and Student Services will decide the individual’s appeal after a careful review of the evidence. The Vice President’s findings shall be in writing and submitted to the student within twenty (20) college business days after the appeal was filed. The Vice President of Enrollment Management and Student Services may:
        1. Uphold the original decision.
        2. Reverse the original decision and dismiss all sanctions because the evidence did not meet the standard of proof.
        3. Replace the original sanction with one that is less severe.
      3. A student may not appeal the decision of the Vice President of Enrollment Management and Student Services. The decision of the Vice President of Enrollment Management and Student Services is final.
  5. Academic Code of Conduct
    1. Cheating or Plagiarism: Cheating or plagiarism on written or oral examinations, quizzes, papers, or other academic work is prohibited. Cheating is defined as falsifying data on a report, exam, summary, or paper; the giving or receiving of aid in an examination situation; and/or the use of unauthorized materials as an aid during an examination. Plagiarism consists of offering as one’s own work, the words, ideas, or arguments of another person, without appropriate attribution by quotation, reference, or footnote. Plagiarism occurs both when the words of another are reproduced without acknowledgment, and when the ideas or arguments of another are paraphrased in such a way as to lead the reader to believe that they originated with the writer.
    2. Procedures and Sanctions
      1. If the faculty member has substantial evidence that a student has cheated or plagiarized academic work in violation of Section 5. a., the faculty member, after a good faith effort to contact the student, may impose the following sanctions:
        1. Warning. Written notice that continuation or repetition of wrongful conduct may result in further disciplinary action.
        2. Censure. A written reprimand for breach of the Academic Code of Behavior, including the possibility of more severe disciplinary sanctions if there is further violation of any part of the code.
        3. Course-level Sanctions. Repeat relevant course requirements or lower grade on relevant course requirements by deducting the value of the examination paper or other evaluation instruments in which the violation occurred in part or in its entirety in the determination of the final grade for the course. Sanctions may also include but not be limited to failure for the assignment or exam where the dishonesty occurred and /or failure for the course.
      2. The act of academic dishonesty also will be reported to the Vice President of Enrollment Management and Student Services, or designee, who may do one or more of the following:
        1. Conduct conferences with the student, the faculty member, and the Academic Discipline Chair to try and resolve the matter.
        2. If the Vice President of Enrollment Management and Student Services, or designee, determines that the act of academic dishonesty is egregious, then the Vice President of Enrollment Management and Student Services may impose an appropriate sanction pursuant to Section 5. b. iii.
      3. If the Vice President of Enrollment Management and Student Services, or designee, finds a violation of Section 5. a. of the Academic Code of Behavior, based on substantial evidence, he/she may impose one of the following sanctions:
        1. Suspension from the College, which constitutes ineligibility to continue at the College for a specified period of time not to exceed one calendar year.
        2. Dismissal from the College, which constitutes ineligibility to continue in the college, normally with no opportunity for readmission.
    3. Appeal: If the Vice President of Enrollment Management and Student Services finds that a student has violated the Academic Code of Behavior, the student may appeal the decision to the Academic Review Board pursuant to Section 8. Notice of appeal must be submitted to the office of the Vice President of Enrollment Management and Student Services, in writing, within ten (10) college business days after receiving notice of the decision.
    4. Unfair Grading:
      1. Unfair grading practices by faculty members are prohibited. Unfair grading practices are defined as the assignment of a particular grade to a student because of the student’s age, color, disability/handicap, height, marital status, national origin, political affiliation, race, religion, gender, sexual orientation, veteran status, or weight; and/or the failure to apply equal standards of academic
        evaluation to all students in a course; and/or the assignment of a grade on the bases of standards other than those announced in the syllabus or by the instructor. It is recognized that in college level instruction, some reasonable non quantifiable judgments must be made in determining grades.
      2. Students who wish to protest a faculty grading decision must do so in writing within twenty (20) college business days after assignment of the grade to the faculty member involved, with a copy delivered to the Vice President of Enrollment Management and Student Services.
      3. The student complaint of unfair grading will be addressed through a series of informal conference(s) until the complaint is resolved. The order of the conferences is as follows: (1) the student and the faculty member; (2) the student, the faculty member, and the Department Head or Academic Chair; (3) the student, the faculty member, and the Vice President of Enrollment Management and Student Services. The conferences shall be held expeditiously.
      4. If the conferences fail to resolve the dispute, the Vice President of Enrollment Management and Student Services shall uphold the grade unless there is compelling evidence that warrants overturning the faculty member’s decision. If a decision is made to overturn a grade, the Vice President of Enrollment Management and Student Services shall be mindful of the following:
        1. Under no circumstances shall the Vice President review the quality of an instructor’s teaching methods, the course content, the appropriateness of the standards established for the course, or the right of the instructor to establish standards for the course.
        2. The due process system does not deny that the right and responsibility to assign grades rests with the faculty member. The responsibility to apply disciplinary rules related to the classroom and programs of instruction rests with the faculty member and, as appropriate, with administrators charged with program responsibility.
      5. Either the faculty member or the student may appeal the decision of the Vice President of Enrollment Management and Student Services to the Academic Review Board pursuant to Section 8. Notice of appeal must be submitted to the office for the Vice President of Enrollment Management and Student Services in writing within ten (10) college business days after receiving notice of the decision.
  6. Miscellaneous Codes
    1. Professional Standards for Occupational Programs: Any conflict between the Professional Standards for Occupational Programs and the Student Rights and Responsibilities will be resolved in favor of the Professional Standards.
      1. Cadet Discipline, Great Lakes Maritime Academy. These rules and regulation are described in the GLMA Cadet Rules and Regulations.
      2. Health Occupational Students. These rules and regulations are described in the Student Policies for each Health Occupation program.
      3. Law Enforcement Students. These rules and regulations are described in the NMC Law Enforcement Program Requirements.
      4. Career Pilot Students. These rules and regulations are described in the NMC Student Pilot Training Program Requirements.
    2. Apartment Rules and Regulations: The rules and regulations that apply to living in an NMC apartment can be found in the Northwestern Michigan College Apartment Living Handbook.
    3. Motor Vehicle Rules and Sanctions
      1. Violations of the Uniform Traffic Code of Traverse City are within the jurisdiction of the City of Traverse City. Laws, rules, and regulations affecting the operation and use of vehicles on College property are found in the Uniform Traffic Code of Traverse City and in the College Rules and Regulations.
      2. Violations of the motor vehicle rules and regulations not covered under the Uniform Traffic Code of Traverse City are subject to College disciplinary action by the Assistant Director of Campus Safety and Security or designee.
    4. Off-Campus Misconduct
      1. The College may take action regarding off campus misconduct that does not occur at any official college function when that conduct constitutes a flagrant disregard for any person’s health, safety, and/or property, and there is probable cause to believe that it is a violation of law.
      2. The Vice President of Enrollment Management and Student Services will provide written notice to the student of any disciplinary action and the evidence upon which the college relied to impose the discipline. The student shall have ten (10) college business days to refute the evidence and request a rehearing in front of the Vice President of Enrollment Management and Student Services.
    5. Mandatory Assessment Procedures. Instructions for Behavioral Incident Report Team (BIRT) Follow-Up with Students (Medical/Psychological Assessment)

      The BIRT may direct a student to participate in a medical or psychological evaluation whenever the behavior of a student appears to pose a serious threat to the health and safety to the student or others. The medical and/or psychological evaluation process is designated to assess the student’s ability to safely participate in the educational programs at Northwestern Michigan College.
  7. In mandating an assessment, the college may determine:

    1. Who the assessor will be:
    2. How many sessions the assessment will include, over what period of time:
    3. How soon the assessment must be completed:
    4. What information the student must consent to sharing with the college:
    5. Who will pay for the assessment:
    6. Whether the student will be on interim suspension during the period of assessment
      1. Failure to respond to the directive by the BIRT to complete the medical and/or psychological evaluation, or failure to provide necessary records of prior treatment by the date requested, may result in judicial action in accordance with the NMC Student Rights and Responsibilities policy until the evaluation and records request requirements are met.
      2. The student, who leaves, withdraws, or fails to return to the College before a medical and/or psychological evaluation is completed will be ineligible for readmission until the outstanding matter is resolved.

    Interim Suspension

    Based on a recommendation of BIRT, hospitalization or other indication that a student may represent a threat of harm to themselves or others, the Vice President of Enrollment Management and Student Services, or designee, will attempt to talk with the student who is deemed “at-risk.” The Vice President will consult the appropriate staff, which may include a College counselor. After consultation, the situation will be assessed and a plan of action will be put into place. The student may be required to meet with the Vice President of Enrollment Management and Student Services, or designee, to define the College’s expectations of the student to discuss support measures to help the student succeed at the College. Depending on the situation, the at-risk student may be placed on interim suspension, which may prohibit them from living in the Residence Halls, the Campus Apartments, attending classes or participating in College activities until cleared by the Vice President of Enrollment Management and Student Services, or designee, in consultation with a Counselor and/or Health Services Professional. If the student is allowed to continue at the College, the student and his or her parent(s) or guardian(s) may be asked to sign an agreement for continuation of enrollment.

    Students who are treated at a hospital due to suicidal behavior may be placed on interim suspension, which will require a meeting with Vice President of Enrollment Management and Student Services before a student is permitted to return to campus. At minimum, the BIRT will require that student to gain professional assessment at the Counseling Office. The purpose of the assessment is to monitor the student’s willingness and ability to adhere to a basic standard of self-care and to provide the student with the resources deemed necessary to that self-care. The student will be asked to sign a release of information that permits consultation between the counseling staff, other mental health professionals and the Vice President of Enrollment Management and Student Services or his/her designee. If a student on interim suspension returns to campus without permission, the student will be considered a trespasser and Campus Security will be notified and the College may pursue judicial action.

    Interim Suspension Procedure

    The Vice President of Enrollment Management and Student Services may initiate an administrative interim suspension from the College, Residence Halls, Campus Apartments of any student for the following reasons:

    1. Behavior that poses a threat to the health and safety of the student or others.
    2. Completion of a mandated evaluation on the basis behavior that continues to pose a threat to the health and safety of the student and/or others.
    3. Behavior continues to be disruptive to the community and/or a concern to campus constituents

    A student on interim suspension may not return to the College, Residence Halls or Campus Apartments until they have completed a medical and/or psychological evaluation, or otherwise has satisfied the terms of the interim suspension indicated that the student no longer poses a threat to their health and safety or the health and safety of others. The student will not be able to register for classes until readmitted by the Vice President of Enrollment Management and Student Services.

    Confidentiality

    1. All medical and counseling records associated with the disruptive behavior assessment are kept separately and do not appear as a part of the student’s academic record. All other records regarding the student’s behavior that are not medical or counseling records are private and kept in compliance with FERPA.
    2. All records associated with the mandated assessment are protected by state laws regarding confidentiality.

    Voluntary Withdrawal Procedure

    If a student is involved in a mandatory assessment procedure and decides to voluntarily withdraw, conditions of return will be determined at the time of withdrawal, and given to the student in writing.

    Involuntary Withdrawal Procedure “Direct Threat Determination” by BIRT

    1. To initiate the process, a recommendation for withdrawal must be issued from the BIRT.
    2. When the BIRT recommends involuntary withdrawal, it will prepare a report of its rationale and initiate the complaint for withdrawal to the Vice President of Enrollment Management and Student Services.
    3. The Vice President of Enrollment Management and Student Services will follow the NMC Student Rights and Responsibilities procedures for this complaint, in accordance with the complaint procedures as outlined in section 3.c. with the following amendments.
      1. The Vice President of Enrollment Management and Student Services may conduct a formal administrative hearing where both the student and the BIRT will share their positions. In this administrative hearing, the “direct threat” threshold must be met before a student can be involuntarily withdrawn.
      2. At the hearing, the Vice President of Enrollment Management and Student Services will determine whether by a preponderance of evidence the student poses a high probability of substantial harm to themselves or others.
      3. The Vice President of Enrollment Management and Student Services will make an individualized and objective assessment of the student’s ability to safely participate as a student at Northwestern Michigan College. If the Vice President of Enrollment Management and Student Services determines the student is not a direct threat, the student will remain in good standing with the college. If the student is determined to be a direct threat, the Vice President of Enrollment Management and Student Services will determine how separation will be accomplished, for what duration, and upon what conditions. Conditions for return will also be determined and delivered in writing with the Vice President of Enrollment Management and Student Services’ decision to the student.
      4. In circumstances when it is determined that the student must leave the College, it is the responsibility of the student or the student’s parent(s) or guardian(s) to make arrangements for the student’s transportation home. If the parent(s) or guardian(s) are unable or unwilling to make such arrangements, the student’s welfare is still their responsibility.

      Suicide Attempts

      1. Procedures
        1. When BIRT receives a credible report that a student has threatened or attempted suicide, engaged in efforts to prepare to commit suicide or has expressed a preoccupation with suicide, the BIRT will make a recommendation to the Vice President of Enrollment Management and Student Services as appropriate that the student be required to attend professional assessment with a licensed mental health professional.
        2. The student will participate in the program’s requirement of a comprehensive and in-depth assessment of the precipitating incident, prior attempt and threats, and current suicidal intent.
        3. The first assessment will occur within three college business days of the incident or release from the hospital.
        4. The remaining assessments will occur based upon the therapist’s recommendations. Students are required to participate only in an assessment of their past and current suicidality. Students are not required to engage in counseling or therapy. A student may elect to go beyond the required assessment and participate in counseling or therapy.
        5. With the permission of BIRT, students may obtain the assessments with a private practitioner with comparable credentials at his or her own expense and after signing an authorization allowing that practitioner to communicate with members of BIRT. All professionals will make the incident, its roots and implications a significant focus of each of the assessments.
        6. The student must provide the independent sources of information regarding the suicidal incident, if such reports exist. These include suicide notes, police reports, emergency room reports and eye witness accounts.
        7. Private practitioners will be required, during the period in which the assessment occurs, to provide the College with reports of instances in which the student threatened or attempted suicide, engaged in efforts to prepare to commit suicide, or expressed a preoccupation with suicide.
        8. During the first assessment appointment, the student will sign a release of authorization form allowing BIRT to communicate with the Vice President of Enrollment Management and Student Services in the event he or she fails to attend the assessment session.
        9. Failure to adhere to this standard of self-welfare or failure to fulfill the requirements of the assessment following a suicidal incident may result in disciplinary action. The appropriate actions associated with this policy will be determined by the Vice President of Enrollment Management and Student Services or his/her designee.
        10. The Vice President of Enrollment Management and Student Services (or designee) may take other steps; including contacting the student’s parents and/or other significant others in the event of particularly potentially lethal suicide attempt or in the event of repeated suicide attempts.
      2. Confidentiality
        1. All medical and psychological records associated with the reported incident are kept separate and do not appear as part of the Student academic or judicial record.
        2. All records associated with the mandated assessment are protected by state laws regarding confidentiality.
  8. College Review Board
    1. Jurisdiction: Appellant jurisdiction over a student’s appeal from a disciplinary decision made by the Vice President of Enrollment Management and Student Services under Section 3. (Student Code of Conduct) shall be vested in the College Review Board.
    2. Parameters
      1. The College Review Board is not a court of law. Its procedures are informal and its reviews shall not be perceived as an adversary process. The College Review Board shall have the right to make appropriate judgments about procedural questions as they arise. These judgments shall be made in light of the need for a fair, expeditious, and orderly review.
      2. In its deliberations, the College Review Board shall not consider the appropriateness of College rules and regulations or the right of faculty and administrators to enforce College rules and regulations. The right to define and establish appropriate standards, rules, and regulations, which govern various college functions and activities shall be reserved to the administrators and faculty members charged with the implementation and supervision of those functions and activities.
    3. Membership The College Review Board shall be composed of the Faculty Council Chair, a staff person appointed by the Vice President for Educational Services, and the President of the Student Government Association. If any of the College Review Board members is involved in Board proceedings or has a conflict of interest, or cannot be present for the hearings, the appropriate body shall provide a substitute. The Faculty Council Chair, or the Chair’s substitute, shall serve as Chair and shall call the meetings.
    4. Procedures
      1. The aggrieved student, within ten (10) college business days, must file a notice of appeal with the Vice President of Enrollment Management and Student Services or designee. The Vice President of Enrollment Management and Student Services will notify the Chair of the College Review Board that a notice of appeal has been filed and that the Chair shall set a date for a hearing within twenty (20) college business days of the filing of the notice unless all parties agree to an extension.
      2. Not less than ten (10) college business days prior to the hearing, the student and the College Review Board shall be provided with a copy of (1) the complaint; (2) the investigation file; and (3) the Vice President’s decision, including the sanction.
      3. The student shall be allowed to review and supplement the file with his/her statement, any witness statements, or any other relevant evidence, within five (5) college business days before the hearing.
      4. The College Review Board’s proceedings shall be closed to the public to maintain confidentiality. The Board may request the presence of the accused student or any other person to clarify evidence on the record.
    5. College Review Board Decisions
      1. Decisions of the College Review Board shall be based upon the record of all material required to be furnished to the Board as set forth in Section 7. d. ii-iv.
      2. The College Review Board shall decide cases by a majority vote. After following the procedures described in this section, the Board may:
        1. Accept the decision of the Vice President of Enrollment Management and Student Services and support the penalty imposed.
        2. Reverse the decision of the Vice President of Enrollment Management and Student Services and dismiss the case because the evidence did not meet the standard of proof or there was a flagrant abuse of the process.
        3. Accept the decision of the Vice President of Enrollment Management and Student Services, but reduce the sanction because it is too severe.
      3. The student shall be provided with written explanation of the reasons for any decisions rendered against him/her.
  9. Academic Review Board
    1. Jurisdiction: Appellant jurisdiction over a decision made by the Vice President of Enrollment Management and Student Services pursuant to Section 5. shall be vested in the Academic Review Board.
    2. Parameters: The Academic Review Board is not a court of law. The purpose of the Board shall be the discovery of the truth and the rendering of a just and fair decision. The Chair shall have the right to make appropriate judgments about procedural questions as they arise. These judgments shall be made in light of the need for fair, expeditious, and orderly reviews or hearings.
    3. Membership: The Academic Review Board shall be composed of the Academic Chair of the area within which the dispute arises; one member chosen from within the area which the dispute arises selected by the Vice President for Educational Services; two faculty members (not from the area in question) selected by the Vice President for Educational Services; and one student chosen by the Student Government Association. If the Academic Chair is the instructor involved in the complaint, the Vice President for Educational Services shall appoint an alternate for the Academic Chair.
    4. Procedures:
      1. The aggrieved party, within ten (10) college business days, must file a notice of appeal stating the reasons for an appeal and any evidence supporting his/her position with the Vice President of Enrollment Management and Student Services. The Vice President of Enrollment Management and Student Services will notify the Academic Chair of the decision within which the dispute arose and he/she will serve as the Chair of the Academic Review Board and shall set a date for a meeting of the Board within twenty (20) college business days of the filing of the notice.
      2. Not less than ten (10) college business days prior to the hearing, the Board shall receive (1) the complaint, (2) any material used by the Vice President of Enrollment Management and Student Services upon which his/her decision was based, and (3) the notice of appeal along with any evidence supplied by the aggrieved party.
      3. The decision of the Academic Review Board shall be based upon the record of all material required to be furnished to the Board as set forth in Section 8. d. The decision will be by majority vote based on substantial evidence.
    5. Academic Review Board Decision
      1. This Academic Review Board may uphold the findings of the Vice President of Enrollment Management and Student Services.
      2. The Academic Review Board may reverse the decision of the Vice President of Enrollment Management and Student Services and dismiss the original complaint.
      3. The Academic Review Board may find a violation, but reduce the sanctions and impose a less severe sanction as listed in Section 5.
    6. Notice
      1. A written explanation shall be given to the aggrieved party of the reasons for any decisions rendered and/or any sanctions that have changed.
      2. The records of the proceedings are regarded as confidential. They are to be kept for a minimum of three years in the office of the Vice President of Enrollment Management and Student Services and are available only to those approved by the Vice President of Enrollment Management and Student Services and in accordance with applicable policies and laws.
  10. Student Complaints
    1. Complaints: Students with complaints regarding College operations not otherwise covered in the prior sections should report their concerns to the Vice President of Enrollment Management and Student Services Office. The following procedures shall apply.
    2. Procedures
      1. The Vice President of Enrollment Management and Student Services will receive a student’s verbal or written complaint. The Vice President of Enrollment Management and Student Services will consider the merit of the complaint and will take any action considered appropriate or necessary. At this level, the student has the right to remain anonymous.
      2. If the student’s verbal or written complaint is not resolved to the student’s satisfaction and the student wishes to continue to pursue the complaint, the student must submit a request in writing to the Vice President of Enrollment Management and Student Services requesting further resolution. The written request must include the specific nature of the complaint, reasons for filing the complaint, and specific remedy requested. At this level, the student may no longer remain anonymous. The Vice President of Enrollment Management and Student Services will seek a resolution by using the following means:
        Contact the appropriate college employee who is responsible for the College operation complained about and arrange a meeting between the parties involved to discuss a possible resolution. The written complaint will be forwarded to all appropriate parties involved in the conflict prior to the meeting. Should resolution not be reached, the Vice President of Enrollment Management and Student Services will review the complaint and all supporting material and render a decision regarding the complaint.
    3. Limitations
      1. Student complaints shall not be the basis for any discipline against a supervisor, staff member, or faculty member so long as there is no evidence of unfair treatment of the student or discriminatory practice against the student.
      2. A student may not appeal the decision of the Vice President of Enrollment Management and Student Services. All decisions of the Vice President of Enrollment Management and Student Services shall be in writing with rationale and are final. No further appeal will be considered.


Initially adopted as D-402.01 June 1994
Revised August 1997
Revised October 1998
Revised July 1999
Revised July 2001
Revised July 2002
Reviewed without revision December 2003
Revised June 15, 2004
Revised February 11, 2005
Revised October 2005
Revised March 2006
Revised November 2006
Renumbered December 20, 2006
Revised May 27, 2008
Revised October 16, 2009
Revised July 17, 2010
Revised January 20, 2012
Revised October 19, 2012

Academic
Programs