Student Handbook
Community Code
PURPOSES OF COMMUNITY CODE
McPherson College strives to allow students to grow as persons and to learn, and works to provide an environment that serves to that goal. It is thus important that all members of the College community conduct themselves responsible and in a way that is consistent with the mission of the College. When we become members of the College community we agree to comply with the College’s policies and rules. When these are violated, the community is harmed. The Community Code has been established to maintain standards of conduct, and to protect the rights of everyone.
DISCIPLINE
Ideally, discipline is an educational process by which a student’s behavior is responded to constructively and in a way that serves the welfare of the student, the other members of the College community, and the public at large. The seriousness of discipline for a particular violation of the Code will depend, for example, on the nature of the misconduct and the student’s previous conduct. The College will suspend or expel a student only with great reluctance, but must reserve the right to do so when the misconduct is serious enough to warrant it. In the event that the Dean of Students (or his or her designee) judges that a student presents a serious potential threat to the safety of him or herself or others or to property, the student can be excluded from campus immediately until such time as it is safe to re-admit the student to the campus.
Discipline for Code violations may include the following: oral and/or written warning, disciplinary probation, fine, restitution, referral for counseling, physical, chemical, or mental health evaluation, alcohol assessment, suspension, dismissal, or any appropriate combination. When the discipline includes a fine or restitution, the payment due date will be given on the written notice.
1. WARNING PROBATION - This involves a written reprimand which indicates that further violations will result in more severe disciplinary action. It is imposed for a specific period of time and may carry any appropriate conditions. A record will be kept in the office of the Dean of Students.
2. DISCIPLINARY PROBATION - This is imposed in most cases upon one who is currently on Warning Probation. It may state that further violations of College rules may result in suspension. It may also provide other conditions, such as that the student shall not hold office in a campus organization or shall not represent the College in intercollegiate events. The probation is imposed for a specific period of time. A review will be held at the end of the probationary period to determine whether the student has satisfactorily completed the probation.
3. SUSPENSION - Suspension is used for serious and/or repeated violations of the College Community Code. The individual is separated from the College for a specified time. Conditions may be placed on the student’s right to return following the suspension.
4. DISMISSAL - Dismissal is the most serious discipline. When a person is dismissed, he or she is separated from the College indefinitely or permanently.
A record of all disciplinary actions will be placed in the student development file, which is kept in the office of the Dean of Students. A student’s prior violations are considered if a student again violates the Community Code. Students suspended or dismissed because of misconduct are not entitled to any refunds.
APPEAL RIGHTS
If a party to a disciplinary case believes the procedure or the result was unfair, the decision can be appealed. The process is specified below under “Disciplinary Procedure.”
VIOLATIONS OF THE LAW
Members of the College community should remember that College discipline is not a shelter from the law and that the College may cooperate with police or other authorities in the investigation of possible crimes. Students who violate the law, either on or off campus, may be prosecuted by civil authorities, whether or not the College has disciplined the offending student.
Also see US Department of Education Campus Security Statistics website.
STANDARDS OF CONDUCT: Anti-Discrimination (Including Anti-Harassment) Policy
McPherson College is committed to maintaining respect for individuals without regard to race, color, creed, religion, sexual orientation, national or ethnic origin, or physical or mental limitations. All members of the College community should be free from harassment and unfair discrimination, which destroy opportunities for learning and for developing strong relationships, positive self-concepts, and self-confidence, deny the community an opportunity to be a living, learning, and supportive place, may violate the law, and may impose upon the College a legal duty to take action.
So that McPherson College may have a healthy community that respects the value and rights of all persons, all forms of harassment or other discrimination on grounds of race, color, creed, religion, sexual orientation, sex, national origin, ethnicity, or physical or mental limitations (“prohibited grounds”) are prohibited.
Policy Against Harassment
Abuse of anyone on any of the prohibited grounds (“Harassment”) subverts the mission of the College and threatens the well-being of students, faculty, and staff. It can also violate federal and state law. So that the College may provide an environment which emphasizes respect for the dignity of all persons, harassment will not be tolerated at McPherson College.
For the purposes of the policy, harassment includes, but is not limited to, the following:
1. Uttering or making any slurs against a student, College employee, or visitor to a College facility on racial, ethnic, sexual, or other prohibited grounds;
2. Using mail, electronic mail, or telephone communications to harass anyone on any prohibited grounds;
3. Threatening, or directing violence toward, anyone because of any prohibited grounds;
4. Posting words or pictures that insult any individual or group on racial, ethnic, sexual, or any other prohibited grounds;
5. Defacing signs or other property in a way that insults any individual or group on racial, ethnic, sexual, or other prohibited grounds;
6. Engaging in speech or actions on the basis of race, ethnicity, sex, or other prohibited grounds that have the purpose or effect of unreasonably interfering with anyone’s work or academic performance or of creating an intimidating, hostile, or offensive working, living, or academic environment.
Special Statement on Sexual Harassment
Sexual harassment is one kind of discrimination based on sex. In the academic setting, sexual harassment subverts the mission of the College and threatens the careers of students, faculty, and staff. In order to provide an environment which emphasizes respect for the dignity of all persons, McPherson College prohibits sexual harassment.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of the sexual nature constitute sexual harassment when:
1. Submission to such conduct is explicitly or implicitly made a term or condition of, or is promised or represented to be an opportunity for employment or academic advancement,
2. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting such individual, or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or of creating an intimidating, hostile, or offensive working, living, or academic environment.
4. Sexual harassment can occur when a faculty member or supervisor unfairly exploits power over students or subordinates, but may also occur between persons having the same College status, i.e., student-student, faculty-faculty, staff-staff. Both men and women can be sexually harassed.
Other Prohibited Conduct
1. The use or possession of weapons (firearms, bows, dangerous knives, etc.), ammunition, firecrackers, fireworks, flammable materials (for example, gasoline or kerosene) or explosives is prohibited on the College grounds or in the buildings. (This prohibition of course does not apply to the chemicals and equipment used in College laboratories and shops, so long as these are kept where permitted and are properly used.)
2. Smoking is prohibited in all campus buildings. The use of smokeless tobacco is discouraged and is restricted to the Residence Halls and the basement of the Student Union, and users must properly dispose of all residue in a clean and sanitary fashion.
3. The possession or use of alcoholic beverages, illicit drugs, or drug paraphernalia anywhere on campus or at any College-sponsored function is prohibited. (An “illicit drug” is any drug that the student is not lawfully entitled to possess, and may, for example, be a prescription drug not prescribed for the student; all other drugs are “legal drugs.”) Abuse or improper use of legal drugs, whether on or off campus, is also prohibited. The prohibited conduct includes (without limitation) operating a motor vehicle anywhere, at any time, while impaired by drugs or alcohol, or with an unlawfully high blood alcohol content. Students and/or their guests may not come to the campus or to a College function intoxicated or impaired by drugs. (However, a student’s returning to a Residence Hall after consuming of alcohol or any drug shall not be an additional violation of the Code, so long as the student engages in no other misconduct, such as by causing a disturbance.) Unlawfully manufacturing, distributing, or selling drugs or drug paraphernalia, whether on or off campus, is also prohibited.
4. Visiting any non-public Residence Hall area assigned to the opposite sex, except during designated and posted visiting hours or with special permission of the Resident Director, or otherwise violating any of the Residence Hall visiting rules, is prohibited.
5. McPherson College prohibits gambling on campus.
6. Students are not to damage McPherson College property or facilities, and are responsible for any such damage they may cause.
7. Breaking into or otherwise improperly entering any locked College building, or possessing any unauthorized key to any College building, room, office, or door, is prohibited.
8. Motorized vehicles of any kind must be registered with the College. They must be kept on the streets or in parking lots and are prohibited anywhere else on campus.
9. Conduct that improperly disturbs other members of the campus community is prohibited. The prohibited conduct includes (for example) the following:
a. Interference, obstruction, or disruption:
i. Research, recreation, study, meetings, assemblies, convocations, public events, or disciplinary proceedings.
ii. Interfering with, obstructing, or disrupting the freedom of expression or movement of students or other members of the College community or their guests, including (for example) speakers invited by the College or speaking with the College’s permission.
iii. Breach of peace or disorderly conduct.
iv. Lewd, indecent, or obscene words, gestures, or behavior.
v. Engaging in, assisting, inciting, or arming someone for a riot or public disturbance.
b. Interfering with, obstructing, or disrupting police or fire responses, including (for example):
i. Resisting arrest.
ii. Failing to abide by lawful orders of a duly appointed officer of the College, or public official or officer, for a crowd to disperse. (This policy will not be construed to deny any student the right of peaceful, non-disruptive assembly.)
iii. Tampering with, impairing, disabling, or misusing fire protection systems, such as smoke detectors, fire extinguishers, sprinklers, or alarms.
iv. Failing to evacuate during a fire alarm.
v. Committing arson or setting fires.
c. Failing to comply with the directions of College officials who are performing their duties.
d. Entering or using a College facility in any way that is unauthorized, illegal, or otherwise prohibited, or using College property for any unauthorized or illegal purpose.
10. Violating any federal, state, or local laws, except for misdemeanors or minor traffic infractions not involving intentional injury, recklessness, dishonesty, or immorality, is grounds for discipline.
11. Violating any College policy or rule while on College premises or at a College-sponsored event is prohibited.
12. Forging, altering, or falsifying any documents or records is prohibited, as is the knowing use of forged or altered documents, even if someone else performed the forgery or alteration.
13. Stealing, knowingly possessing stolen property, taking property of another without permission, even with the intent to return it, embezzling, or issuing checks with insufficient funds or drawn from closed accounts, is prohibited.
14. Providing false information to College officials or any hearing officer, panel, or board, improperly attempting to influence a judicial body, or retaliating against anyone for, or using intimidation or threats to discourage anyone from, participating in a disciplinary process, is prohibited.
15. Harassing, assaulting, or abusing another person is prohibited. The prohibited conduct includes, but is not limited to:
a. Through words or actions, intentionally or recklessly placing another person in fear for his or her personal safety.
b. Wrongfully interfering with the working, learning, or living environment of another person.
c. Stalking, which is a pattern of conduct that is intended to cause, or does reasonably cause, a person to fear for his or her privacy or safety, such as following or unwanted telephone calls placed repetitively or during normal sleeping hours.
d. Assaulting or physically abusing, verbally or physically threatening, or endangering the health or safety of, another person, or engaging in fighting, brawling, or domestic violence.
e. Sexually assaulting, or inflicting unwanted sexual contact upon, another person.
f. Hazing, which includes any action that recklessly or intentionally endangers or harms the health, safety, or welfare of an individual as a condition of initiation or admission into the College or any organization at the College. Hazing includes any abuse of a mental or physical nature, forced consumption of any food, liquor, drugs, or other substances, any forced physical activity that could harm the health or safety of the individual, or any forced activity subjecting the individual to embarrassment or humiliation. (In the preceding sentence, an activity is “forced” if it is a condition of initiation or admission as described above.) A victim’s consent to hazing is no defense.
16. Failing to abide by, or to complete in a satisfactory manner, any discipline imposed on the student by the College is cause for additional discipline.
17. The College prohibits misusing computer facilities and/or systems, including, for example, the following acts:
a. Unauthorized use of a terminal, file, password, or account;
b. Attempts to degrade system performance or capability;
c. Breach of computer security;
d. Abuse of communal resources (such as through unauthorized batch programs);
e. Misappropriation of copyrighted materials, intellectual property or licensed software;
f. Invasion of privacy;
g. Engaging in harassment or threats.
18. The College prohibits violating any housing or residence life policies, such as by:
a. Violating the noise policy.
b. Throwing items of any kind from windows, balconies, roofs, etc.
c. Improperly placing personal trash in hallways, bathrooms, or other common areas.
d. Engaging in any of the following in hallways, lounges, resident rooms, or common areas of a building (except in designated areas), in other prohibited areas, or in any campus area where non-participants could be inconvenienced or endangered: a) playing any type of game involving running, jumping, throwing, or similar physical activity (for example Frisbee, hockey, golf, darts); b) kicking or throwing balls or snowballs; c) participating in water fights; or d) bicycling, skateboarding, or in-line skating.
e. Engaging in any of the following in resident rooms, common areas, or areas surrounding or adjacent to the residence halls: a) maintaining open flames; b) burning incense or candles; c) using barbecues or grills; d) using prohibited appliances; e) possessing any of these items, even if meant for display only; f) or cooking (meal preparation).
f. Failing to instruct guest(s) as to College or residence hall rules and policies. Residents are accountable for the conduct of their guests and all activities in their rooms.
g. Knowingly allowing any alcoholic beverage, drugs or drug paraphernalia to remain in one’s room at a residence hall in violation of this Code without informing the proper College authorities.
19. Plagiarism, or otherwise falsely presenting someone else’s academic work as one’s own, is prohibited, as is assisting anyone else in engaging in any such acts.
CAMPUS JUDICIAL COUNCIL
Membership on the Campus Judicial Council will include the Student Government Representative from each of the residence halls (Dotzour, Metzler, Bittinger, Morrison), and one student from each residence hall elected by the residents of the facility. Two Resident Directors, to be chosen by the Dean of Students, shall serve as advisors to the Campus Judicial Council and are expected to attend all meetings of the Council. It will be their duty as advisors to see that the rights of all are respected, that proceedings are orderly and fair, that the actions of the Council are properly recorded, that such records are properly retained and that such records are properly retained, and that copies of such records are sent to the Dean of Students.
PROCEDURAL PRINCIPLES
Disciplinary investigations and hearings cannot and will not be conducted in the manner of civil courts, and proceedings are not governed by technical rules of evidence and procedure. It is important, however, that the basic rights of members of the campus community be protected. The following Principles of Procedure set forth to protect the rights of individuals shall guide all judicial boards on campus, subject to a) the specific procedural provisions of the Community Code and b) the reasonable discretion of all such boards.
1. The individual accused should be timely informed of the alleged violation so that he/she will have a reasonable opportunity to prepare a response.
2. The accused will have the right to select a non-attorney to accompany her/him at any formal hearing.
3. The accused shall know who lodged the complaint.
4. The accused will be given an opportunity to offer a defense. The type and scope of the defense the student may present will depend on circumstances, for example on the seriousness of the offense charged.
5. Records of hearings should be kept, but need not be verbatim or formal.
6. Suspensions or dismissals take effect only when approved by the President of the College, or his or her designee, but such approval need not be in writing.
DISCIPLINARY PROCEDURE
The office of the Dean of Students coordinates all student disciplinary proceedings.
Disciplinary cases shall proceed according to the following steps:
A Disciplinary Investigation begins when a complaint is made to the office of the Dean of Students, or the Dean of Students otherwise receives information that the Community Code may have been violated. The complaint may be made either orally or in writing, but the office of the Dean of Students shall have the right to ask the complaining party to provide additional information and/or to put an oral complaint into written form. Complaints may be made by faculty, administrators, staff, or students or others.
In response to any complaint or to information received, the Dean of Students may choose to take no action, may initiate an investigation, or may suggest that the aggrieved party pursue an informal solution to the problem, for example by meeting with the alleged offender in the presence of a third party, such as a faculty member.
If the discipline chosen by the Disciplinary Investigator does not consist of suspension or expulsion, paragraphs 4 through 9, below, shall govern. If, however, the discipline chosen by the Disciplinary Investigator consists of suspension or expulsion, then paragraphs 10 through 15, below, shall govern.
1. The Dean of Students shall act as the Disciplinary Investigator in the case, unless the Dean of Students is a witness or otherwise might suffer from a conflict of interest; in such event, a designee shall serve as Disciplinary Investigator.
2. The Disciplinary Investigator shall speak with the alleged offender and shall conduct such other investigation as he or she feels is necessary under the circumstances.
3. The Disciplinary Investigator shall then state in writing a) whether he or she finds that the alleged offender has violated the Community Code, b) if so, how it was violated, and c) the discipline, if any, to be imposed. This statement (the “Findings”) shall be delivered to the student as soon as possible. A copy shall be retained in the office of the Dean of Students.
4. In cases where the discipline chosen is less than suspension or expulsion, if a student wishes to dispute any portion of the Findings of the Disciplinary Investigator, he or she must file a written statement that he or she desires to appeal the Findings. This statement must be filed, in the office of the Dean of Students, within two (2) class days after the class day when the Findings are delivered to the student. The Disciplinary Investigator’s findings are “delivered to” the student as of the class day when the Findings are personally given to the student or are placed in the student’s mailbox. (A “class day” is any weekday when classes are held at McPherson College.) The Disciplinary Investigator may extend the time for appeal in any situation where the student convinces the Disciplinary Investigator that he or she did not under the circumstances have a reasonable opportunity to file an appeal timely.
5. After an appeal has been properly filed, the case shall be heard by the Campus Judicial Council, which shall review the Findings and other records and documents, allow the student to present evidence and argument, and consider such other testimony and other evidence as it may decide is relevant and appropriate.
6. The Judicial Council shall then make its written recommendation to the case’s Disciplinary Investigator. A majority of the members of the Campus Judicial Council who are considering the case shall be sufficient to make a recommendation. The Council may recommend that the previously imposed discipline stand, that lesser discipline be imposed, that the case be dismissed, or that there be further investigation, and shall briefly state its reasons.
7. The Disciplinary Investigator shall consider the recommendation of the Campus Judicial Council, but shall not be bound by it, and shall take such action on the recommendation as he or she believes to be appropriate in the given case.
8. The Disciplinary Investigator shall then issue a written decision on the Campus Judicial Council’s recommendations, summarizing the relevant facts and stating the discipline, if any, to be imposed.
9. In all cases not involving suspension or expulsion of the student, this decision of the Disciplinary Investigator shall be final.
10. If the Disciplinary Investigator has decided that the student should be suspended or expelled, and the student wishes to dispute this decision, the student must file in writing a statement that he or she desires to appeal the Findings. This statement must be filed, in the office of the Dean of Students, within two (2) class days after the class day when the Findings are delivered to the student.
The Disciplinary Investigator’s Findings are “delivered to” the student as of the class day when the Findings are personally given to the student or are placed in the student’s campus mailbox. (A “class day” is any weekday when a full day of classes is held at McPherson College.) The Disciplinary Investigator may extend the time for appeal in any situation where the student convinces the Disciplinary Investigator that he or she did not under the circumstances have a reasonable opportunity to file a timely appeal.
If no timely appeal is filed, the Dean of Students shall cause the Disciplinary Investigator’s findings to be delivered to the President, who shall make the final decision on the case. The President shall be deemed to have accepted the Findings, and the suspension or expulsion shall take effect when the President, orally or in writing, states that he or she has accepted the Findings, or if the President fails to issue a decision within two (2) class days after the President’s office receives the Findings. The President’s decision shall be final.
11. After an appeal has been properly filed, it shall be heard by the Campus Hearing Board (the “Hearing Board”). Unless both the accused and the Disciplinary Investigator agree otherwise in writing, the Hearing Board shall hold a formal hearing, and shall give at least one (1) class day written advance notice of its place, date, and time to the accused student and the Disciplinary Investigator. Any request that the hearing be rescheduled shall be delivered in writing to the Dean of Students and shall state the reasons for the request; a copy shall simultaneously be delivered by the requesting party to the other party. The Hearing Board shall review the Findings and other records and documents, allow the student to present oral and/or written evidence and argument (including the testimony of witnesses before the Hearing Board), and consider such other testimony and/or other evidence as it may decide is relevant and appropriate.
12. The Hearing Board shall then make its written recommendation to the Dean of Students. A majority of the members of the Hearing Board who are considering the case shall be sufficient to make a recommendation. The Hearing Board may recommend that the recommended discipline stand, that lesser discipline be imposed, that the case be dismissed, or that there be further investigation, and shall briefly state its reasons.
13. The Dean of Students shall consider the recommendation of the Hearing Board, but shall not be bound by it, and shall take such action on the recommendation as he or she believes to be appropriate in the given case.
14. The Dean of Students shall then issue a written decision on the Hearing Board’s recommendations. The written decision shall state the discipline to be imposed, if any, as well as such other facts and conclusions as the Dean of Students shall deem appropriate.
15. In any case involving suspension or expulsion, the student may request a meeting with the President of the College. Such request must be in writing and must be delivered to the office of the President by the end of the second class day following delivery of the Disciplinary Investigator’s final decision to the student (or within such extended time as the President may decide to allow if the student can show that he or she did not, under the circumstances, have a reasonable opportunity to file a request timely). When such a proper request has been made, the President shall meet with the student at the earliest reasonable opportunity. The length and conduct of the meeting shall be under the control of the President. What, if any, additional hearing shall be held or evidence considered shall be at the sole discretion of the President. The President’s written decision need not contain factual findings or detailed reasons and shall be final.
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