Student Code of Conduct

MCC reserves the right to modify this code when, in its discretion, such action will serve the best interests of the College or its students. The provisions of this code shall not be construed to replace or supersede any state, federal or local laws that also may apply to students or others.

Part I - Student Code of Conduct

Introduction

Mohave Community College (MCC) recognizes that all students, as members of the College community, enjoy the freedom of speech and assembly, freedom of association, freedom of the press, right of petition and the right of due process. These rights do not come without responsibilities and respect for others in the College community. Attendance at MCC is a privilege and not a right, and enrollment at Mohave Community College carries with it obligations in regard to conduct, both in and out of the classroom.

Students are responsible for knowing and understanding the contents of this Code. Students are responsible for abiding by the laws governing the College and are expected to observe standards of conduct set by the College.

Jurisdiction of the (MCC) Student Code of Conduct

Conduct covered by this Code: The Mohave Community College Student Code of Conduct applies to conduct that occurs on the College premises, including virtual/Internet premises, at College sponsored activities and to off-campus conduct that adversely affects the College community and/or the pursuit of its mission and goals.

Individuals covered by this Code: Individuals who are not officially enrolled for a particular term, but have been admitted to the College and with the intent to enroll in a class within one calendar year of admittance are also covered by this code of conduct. Each student shall be responsible for her/his conduct from the time of application for admissions through the actual awarding of a degree or certificate, even though conduct may occur before classes begin or after classes end, as well as during the academic enrollment (and even if the conduct is not discovered until after a degree is awarded).

Right to restrict non-members of the College community: The College reserves the right to restrict or prohibit the presence of a person who is not a member of the College community from being on College property or attending College events whenever that individual’s presence is considered detrimental to the welfare of the College community.

Students with outstanding debts: Students who are indebted to the College for an outstanding/ overdue financial obligation will not be provided further services of any kind, including but not limited to registration, transmitting files, records, or transcripts, or receiving other services that have been requested by such person, provided however that an individual shall not be prohibited from obtaining a copy of his or her student records in circumstances where the individual cannot effectively review his or her student records without receiving such copies. Nonpayment of financial obligations constitutes authorization for administrative cancellation of enrollment and removal of the student from classes. Students who wish to dispute outstanding debts will be provided an adjudication process by the College Bursar or her/his designee.

Violation of Law and College Discipline

Disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Conduct Code (that is, if both possible violations result from the same factual situation) without regard to pending of civil or criminal litigation. Proceedings under this Student Conduct Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the College official responsible for administration of the Student Conduct Code. Determinations made or sanctions imposed under this Student Conduct Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of College rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

When a student is charged by federal, state or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under this Student Conduct Code, however, the College may advise off-campus authorities of the existence of this Student Conduct Code and how such matters will be handled internally within the College community. The College will cooperate fully with the law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal code for the rehabilitation of student violators. Individual students and faculty members, acting within their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

The MCC Student Conduct Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The Vice President shall decide whether the Student Conduct Code shall be applied to conduct occurring off campus, or a case by case basis, in his/her sole discretion.

Action in Emergency Situations

See * ARS §13-2911

In a situation where urgent or emergency circumstances immediately threaten the peace, safety, or welfare of the College community or segments thereof, or where disruption of educational activities is occurring or is threatened, or where the physical property of the institution or the integrity of any person or property may be jeopardized, student(s) may be summarily excluded from the properties of the institution for a period commensurate to the circumstances. The determination of the necessity for such exclusion and authority to issue the order effectuating the same is held by the Campus Dean, Compliance Officer and the Dean of Student Services. The exclusion shall be terminated by the position that designated it (Campus Dean, Compliance Officer or Dean of Student Services) whenever and as soon as it becomes reasonably apparent that continuation thereof is no longer necessary.  Students who pose a serious risk of imminent harm, i.e., threats of violent acts against students and/or staff, may be suspended immediately.

Misconduct Subject to Disciplinary Sanctions

The Code of Conduct includes a list of violations for which disciplinary action may be imposed on students and student organizations. Violations of the Code of Conduct fall into the following categories:

1. Disruptive Conduct: Conduct that is disorderly, lewd or indecent, breach of the peace; or aiding, abetting or procuring another person to breach the peace on College premises or at functions sponsored by or participated in by the College or members of the academic community. Disorderly conduct includes but is not limited to” an unauthorized use of electronic or other devices or to make an audio or video record of any person while on College premises without his/her prior knowledge, or without his/her effective consent or when such a recording is likely to cause injury or distress. This includes, but is not limited to, secretly taking pictures of another person in a facility owned, leased or controlled by MCC.
2. Acts of dishonesty, including but not limited to the following:
   1. Furnishing false information to any College official or office.
   2. Forgery, alteration or misuse of any College document, record or instrument of identification.
   3. Tampering with the election of any College- recognized student organization.
   4. Intent to defraud the College in any financial matter, including but not limited to:

• Non-redemption of personal checks refused by a financial institution.
• Sale/release of supplies, books or equipment in violation of College agreement.
• Falsifying College records.
• Nonpayment of tuition or fees as set forth in College policy.
• Attending College courses without properly registering to avoid payment of tuition and fees.
• Unauthorized fund-raising on behalf of the College.
• Attempting to bribe a College employee or governing board member.

3. Non-Compliance: Failure to comply with the direction of College Officials or law enforcement officers in the performance of their duties and/or failure to identify oneself to these persons when requested to do so.
4. Irresponsible Behavior: Engaging in irresponsible social conduct (including hygiene) affecting the ability of the student or others to learn or achieve satisfactory progress in the curriculum.
5. Electronic or Social Media: Engaging in the following conduct using any MCC-affiliated webpage, email, or social media resource:
   1. Derogatory language or demeaning statements about or threats to any third party.
   2. Inappropriate or incriminating images depicting hazing, sexual harassment, vandalism, stalking, underage drinking, illegal drug use, or any other inappropriate behavior; or inappropriate language.
   3. Content that violates state or federal law.
   4. Partisan political activity other than campaigning for MCC Student Activities Council positions under the Student Activity Council Constitution and officer election guidelines.
   5. Online gambling.
   6. Information or images that could be considered obscene or untrue.
   7. Content that harasses third parties.
   8. Selling goods or services for personal financial profit.
   9. Personal social relationships unrelated to MCC business.
6. Tobacco Usage: Using tobacco products, including smokeless tobacco and electronic cigarettes, in the classroom and in other MCC premises where tobacco product usage is not allowed. Note: MCC adheres to AZ 36-601.01, the Smoke-free Arizona Act, which prohibits smoking “in all public places and places of employment within the state of Arizona” with certain exceptions. See, Mohave Community College Policy 6.045.

Using tobacco products, including smokeless tobacco and electronic cigarettes, is prohibited in the following areas:

• Any building owned, leased, or rented by any state, county, or municipal government, or by any agency supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, county, or municipal taxes.
• Within 25 feet of any entranceway, exit, air intake or window which can be opened of the building in which employment or instruction occurs.
• Tobacco use is prohibited in partially enclosed areas such as walkways, courtyards, and covered buildings; areas immediately adjacent to building entrances; and exterior stairways and landings.
• The sale or distribution of tobacco products on campus is prohibited.
• Any advertising in support of tobacco is prohibited on campus grounds and in any campus publication. The College will provide information regarding tobacco treatment programs to encourage tobacco users to quit.

7. Obstruction: Obstruction of teaching, research administration, disciplinary proceedings or other College activities, including its public services functions on campus, clinical settings or other authorized College or non-College activities including obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College- sponsored or -supervised functions.
8. Attempted or actual theft or other abuse of technology facilities or resources:

Including but not limited to:

1. Unauthorized entry into a file, to use, read or change the content or for any other purpose.
2. Unauthorized transfer of a file.
3. Unauthorized use of another individual’s identification and/or password.
4. Use of technology facilities or resources to send or post obscene, harassing or abusive messages.
5. Use of technology facilities or resources to interfere with normal operation of the College technology system or network.
6. Use of technology facilities or resources in violation of copyright laws and/or the College copyright standards.
7. Any violation of the College’s technology resource standards, including, but not limited to, email and social media standards. (MCC’s current technology resource standards are currently under revision by another task force.)
8. Use of technology facilities or resources to illegally download files.

9. Unauthorized Access and Tampering: Unauthorized possession, duplication or use of keys, key cards or other entry mechanism to any College premises, or unauthorized entry to, presence on or use of College premises.
10. Possession of Weapons or Dangerous Items: Illegal or unauthorized possession of firearms, explosives, other weapons, real or simulated, or dangerous chemicals on College premises, or use of any such item, even if legally possessed, in a manner that harms, threatens, or causes fear to others, or property damage. (See MCC Policy 4.115 for the complete Weapons policy, which prohibits the carrying of weapons or simulated weapons, with or without a permit, on Mohave Community College property.)
11. Demonstrations: Mohave Community College supports the rights of individuals, faculty, staff and student organizations to demonstrate provided such activities do not disrupt normal activities or infringe upon the rights of others. The College maintains the right to define the time, place and manner in which activities occur on campus. The campus dean will identify appropriate spaces for planned and spontaneous demonstrations.

The following actions occurring during a spontaneous or otherwise planned demonstration are considered as disruptive and therefore misconduct under the Student Code of Conduct:

1. Blocking or otherwise interfere with the free flow of vehicular, bicycle or pedestrian traffic on streets, sidewalks and pathways.
2. Blocking or otherwise interfering with ingress and egress to campus buildings.
3. Disrupting or attempt to force the cancellation of any event or activity sponsored by the College or by any users authorized to use College facilities.
4. Engaging in harassing, physically abusive, threatening or intimidating conduct toward any person.
5. Failure to comply with the directions of College officials performing their duties.
6. Disruption of classes or other scheduled activities.
7. Using a public address system and/or amplified sound without prior written approval from the campus dean.
8. Failure to grant the speaker a respectful hearing; including carrying signs, placards or similar paraphernalia associated with a demonstration into the building where an invited speaker is speaking.
9. Damaging College property, or the property of others.
10. Failure to comply with all applicable College policies and procedures as well as with city and county ordinances regarding noise and demonstrations.

From Mohave Community College Policies and Procedures Manual Revised July 1, 2010

12. Violation of Federal, State or Local Law: Violation of any federal, state or local law on or off College property.
13. Endangering the Health and Safety of Others: Conduct which threatens or endangers the health or safety of any person, and/or disruptive behavior, including, but not limited to: threats or acts of violence against other persons, physical abuse, verbal abuse, intimidation, harassment, coercion, stalking, which occurs if a student intentionally or knowingly maintains visual or physical proximity toward another person on two or more occasions over a period of time and any conduct that would cause a reasonable person to fear for his or her safety.
14. Hazing: Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is not a neutral act; they are violations of the rule. Hazing is defined in the Arizona Revised Statutes, Section 15-2301.
15. Alcohol, Drugs and Drug Paraphernalia: Alcohol use, possession or distribution, except at approved College functions in accordance with College policies and procedures, and subject to statutory age restrictions. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance (including, but not limited to, marijuana and cocaine) and drug paraphernalia on College premises, or while participating in College events off College premises. Illegal use, possession, manufacturing or distribution of illegal or other controlled substances except as expressly permitted by law.
16. Pets and Animals: Bringing animals into MCC campus, center or site buildings except for service animals or when used for educational purposes with administrative approval. Bringing onto MCC out-of-doors premises animals that are not on a leash, unsupervised, or left unattended in a vehicle. Failure to collect and properly dispose of accompanying animals’ feces deposited on College premises.
17. Minor Children on Campuses: Bringing minor children into College classrooms or laboratories during class time, or leaving children otherwise unattended on College premises or at College- sponsored events or functions. This practice is considered disruptive to the learning process. (Children who are taking part in organized scheduled activities or who are enrolled in specific classes are welcomed.)

NOTE: Honor Code Violations are addressed in Part II of this document.

Student Code of Conduct Procedures

MCC stresses peaceful resolution of conflict, equality of persons, and high moral and ethical standards of personal conduct.

MCC’s Student Code of Conduct encourages considerate and thoughtful student, staff, and faculty involvement in student life and the College community.

Implementing the (MCC) Student Code of Conduct

In support of MCC’s mission, the Code of Conduct Office delivers educational opportunities to students in a variety of capacities.

Learning Outcomes

1. Each student who participates in the student conduct process will be able to explain the student conduct process and his/her charges and sanctions.
2. Each student who participates in the student conduct process will learn about the legal, academic, emotional, and/or physical consequences of his/her behaviors.
3. Each student who participates in the student conduct process will understand how his/her conduct affects him/herself and others.
4. Each student sanctioned to complete an educational assignment will achieve the intended learning outcomes, as established by the student conduct administrator or designee.

Programmatic Outcomes

1. Each student charged with a violation of the Code will have his/her case resolved in a timely manner.
2. Each student charged with a violation of the Code will be given proper notice and will have a fair hearing.
3. Each student found responsible for Code violations will not violate policies again.
4. Each student found responsible for Code violations will complete all sanctions on time.

Reporting Alleged Code of Conduct Violations - Procedures

Action in Emergency Situation: In the case of an emergency involving violent or threatening student conduct, including a student’s threat to injure himself/herself, College employees, students and visitors are strongly encouraged to dial 911 to notify emergency services.

Further, in a situation where urgent or emergency circumstances immediately threaten the peace, safety, or welfare of the College community or segments thereof, or where disruption of educational activities is occurring or is threatened, or where the physical property of the institution or the integrity of any person or property may be jeopardized, a student(s) may be summarily excluded from the properties of the institution for a period commensurate to the circumstances. See * ARS §13-2911

The determination of the necessity for such exclusion and authority to issue the order effectuating the same is held by the Campus Dean, Compliance Officer and Dean of Student Services. The exclusion shall be terminated by the position who designated the exclusion (Campus Dean, Compliance Officer and Dean of Student Services) whenever and as soon as it becomes reasonably apparent that continuation thereof is no longer necessary.  Students who pose a serious risk of imminent harm, i.e., threats of violent acts against students and/or staff, may be suspended immediately.

In imposing an emergency suspension, the College official responsible for administration of the Student Conduct Code may direct that the student immediately leave the College premises and may further direct the student not to return until contacted by that official. An accused student shall be in violation of this policy regardless of whether the person who is the object of the threat observes or receives it, as long as a reasonable person would interpret the communication, conduct or gesture as a serious expression of intent to harm.

In cases that do not involve an emergency, College employees, students and visitors may report a possible Code of Conduct violation by completing a behavioral alert form and providing it to the campus dean, or designee, at the campus the incident occurred on.

If the violation occurred online, the completed behavioral alert can go to any Campus Dean/Student Conduct Administrator (SCA) to find the home campus of the student who committed the violation and act on it accordingly.

If allegations of misconduct are received by the SCA in any written form other than on the behavioral alert form, the SCA shall transfer the relevant information to behavioral alert form. In addition, the SCA may independently initiate a behavioral alert based on his/her communications with others or on written documents such as media reports, police reports, emails, letters, or other written documents.

The behavioral alert forms can be found online at jics.mohave.edu or are provided at the campus dean’s office.

Time Limit

The violation should be reported within five (5) business days following the incident. Acceptance of a complaint submitted more than five (5) business days after the incident is at the discretion of the Student Conduct Administrator in consultation with the Dean of Student Services. If multiple complaints are generated from a single incident, the Student Conduct Administrator and the Dean of Student Services  can combine them into one administrative, formal, or appeals procedure where deemed appropriate.

Report Evaluation & Follow-up

When the Student Conduct Administrator receives the behavioral alert form, he/she will immediately evaluate it to see if the alleged conduct threatens the peace, safety or welfare of the College and/or community. If the behavior is threatening or violent, the Student Conduct Administrator may choose to prohibit the student from College services and campuses as he/she deem appropriate and move the matter directly to a formal hearing process.

Otherwise, the Student Conduct Administrator will contact all parties involved in the matter within five (5) business days as well as investigate the issue - either informally resolving the matter within the next ten (10) business days or move it to the formal hearing process. NOTE: The point from which the behavioral alert was received and it is either informally resolved or moved to the formal hearing process cannot exceed fifteen (15) working days total.

Formal Hearing Process

If the informal measures have proven ineffective in satisfactorily resolving the matters of the complaint; or if the matter was moved directly to the formal hearing process; the Student Conduct Administrator shall initiate the formal hearing procedures.

Within five (5) business days of the conclusion of an unsuccessful informal resolution process; or within three (3) business days of a decision by the Student Conduct Administrator to proceed directly to the formal hearing process; the Student Conduct Administrator shall schedule a hearing before the  Student Conduct Hearing Board for the student and notify all parties in writing (certified notification letter) of the hearing date and location and the reasons for the proposed disciplinary action with sufficient information to ensure opportunity to prepare for the hearing.

IMPORTANT: In cases of Title IX violations, the Title IX team will follow the behavioral alert process and procedures as well as form the hearing board. More information is available in Part III of this document.

The Student Conduct Hearing Board must consist of at least three members that are appropriate for the case and may include:

• Campus Dean or Associate Academic Dean (serves as hearing board officer/chair of the board)*
• Resident Faculty member
• Advising and Retention Director
• Academic Program Director
• Department Director

*Note: The position that served as the SCA for the case, should not serve on the board.

The hearing shall be conducted between five (5) and fifteen (15) business days of the date of the notification, unless extenuating circumstances dictate a later date. Maximum time limits for scheduling of Student Conduct hearings may be extended at the discretion of the Student Conduct Administrator in consultation with the Dean of Student Services.

Hearing Board Guidelines

Hearings shall be conducted by according to the following guidelines:

• If the accused student admits violating institutional rules, but sanctions are not agreed to, subsequent process, including a hearing if necessary, shall be limited to determining the appropriate sanction(s).
• Student Conduct Board hearings normally shall be conducted in private; and considered confidential. Admission of any additional person(s) to the hearing shall be at the discretion of the Student Conduct Board.
• The Student Conduct Hearing Board may accommodate concerns for the personal safety, well- being, and/or fears of confrontation of the complainant, accused student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Student Conduct Hearing Officer.
• The complainant and the accused shall have the right to be assisted by any advisor they choose, at their own expense. The advisor must be a member of the College community and may not be an attorney. The Student Conduct Hearing Officer/Chair may serve as the complainant.
• The complainant(s), accused student(s) and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Hearing Board hearing at which information is received (excluding deliberations).
• Both the complainant and the accused are responsible for presenting their own information and, therefore, advisors are not permitted to speak or participate directly in any Student Conduct Board hearing before a Student Conduct Hearing Board.
• The complainant(s) and the accused may present evidence and witnesses to establish their respective positions. Each may be assisted by an advisor in preparation for the hearing; however, advisors are not permitted to speak to the Hearing Board or to participate directly during the hearing.
• A list of each party’s witnesses must be submitted to the Student Conduct Hearing Officer two (2) days before the hearing. Witnesses not on the list will not be permitted to address the Student Conduct Board.
• The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the complainant and/or accused student at least two days prior to the Student Conduct Board hearing.
• Witnesses shall provide information to and answer questions from the Student Conduct Hearing Board. Questions may be suggested by the accused student and/or complainant to be answered by each other or by other witnesses.
• Actual questioning of witnesses shall be conducted by the Student Conduct Hearing Board with such questions directed to the officer, rather than to the witness directly.
• Questions of whether potential information will be received shall be resolved in the discretion of the Student Conduct Hearing Board Officer.
• Pertinent records, exhibits, and written statements may be accepted as information for consideration at the discretion of the Student Conduct Hearing Board Officer.
• All procedural questions are subject to the final decision of the Student Conduct Hearing Board Officer.
• In Student Conduct Hearing Board hearings involving more than one accused student, the Student Conduct Administrator, at his or her discretion, may permit the joining of the accused in one Student Conduct Board hearing.

NOTE: Investigations, hearings or appeals conducted as a part of disciplinary procedures used by the College are not courts of law and they are not subject to many of the rules of civil or criminal hearings. Because some of the violations of the College’s standards may also violate the law, students may be accountable to both civil authorities and to the College for their actions.

Hearing Board Order

Hearings will proceed in the following order:

1. The reading of the alleged misconduct;
2. The student’s denial or admission of the alleged misconduct;
   If the student denies the misconduct, presentation of evidence by complainant and questions by the student or hearing office;
3. The presentation of evidence by the student and questions by the complainant or hearing officer;
4. The closing statements by both parties.

There shall be a single verbatim audio or video record of all Student Conduct Board hearings, excluding deliberations. The record shall be the property of the Mohave Community College.

Student Conduct Board Decision

After the portion of the Student Conduct Board hearing concludes in which all pertinent information has been received, the parties shall be dismissed and the Student Conduct Hearing Board shall determine by majority vote whether the accused student violated the section of this Student Conduct Code as alleged.

The Student Conduct Board’s determination shall be made on the basis of whether it is more likely than not that the accused student violated this Student Conduct Code.

No student may be found to have violated this Student Conduct Code because the student failed to appear before a Student Conduct Board. In all cases, even in the absence of the accused student, the evidence and support of the alleged violations shall be presented and considered.

If a violation is determined, the Student Conduct Hearing Board shall then discuss and determine appropriate disciplinary sanctions as listed below, obtain expulsion sanction authorization from the President, if applicable, and notify the accused student within five (5) business days of the final determination. All parties shall be notified in writing of all decisions, including a decision of no finding of conduct code violation.

Available Disciplinary Sanctions

When considering the sanctions or outcomes to be imposed, a range of factors may be considered, including:

• the nature and severity of the incident;
• the disciplinary history of the student;
• the developmental needs of the student;
• level of accountability and responsibility taken by the student;
• level of cooperation from the student;
• need to stop the misconduct and prevent its recurrence;
• need to remedy or address the impact or effects of the conduct on others;
• impact on and interests of the community;
• any other aggravating, mitigating or relevant factors.

The Student Conduct Hearing Board may impose any of the following sanctions upon any student found to have violated the Student Conduct Code, with the requirement that a sanction of suspension must be in consultation with the Campus Dean and a sanction of expulsion must first be approved by the College President or the Vice President, in his/her absence.

Note: More than one sanction may be applied.

The Student Conduct Hearing Board Officer must follow-up with the student in writing within five (5) business days of the hearing board decision.

Warning

The student shall receive written notice from the Student Conduct Administrator that he/she is violating or has violated specific institutional rules or regulations.

The official written notification from the Student Conduct Administrator shall state:

• The student’s behavior is in violation of specific College regulations or standards
• The student’s expected behavior in the future
• Further misconduct may be treated with more serious sanctions
• The warning will not become part of the student’s permanent file

Disciplinary Probation Notice

The student shall receive a written reprimand for violation of specified rules or regulations. Probation is for a designated period of time and includes the possibility of more disciplinary sanctions during and possibly following the probationary period. Loss of privileges, restitution and other discretionary sanctions may be included with disciplinary probation.

The official written notification of probation from the Student Conduct Administrator shall state:

• A probationary period determined by the Student Conduct Administrator or Student Conduct Board.
• The period of time in which the student’s conduct is strictly observed.
• Any additional actions or sanctions.
• The date of which they must be fulfilled.
• The student’s standing within the College is in jeopardy.
• Further misconduct will result in Suspension or expulsion.
• The action will not become part of the student’s permanent file.

Loss of Privileges

A finding of Student Conduct Code violation may include a sanction of withdrawal of specified privileges for a designated period of time.

Restitution

A finding of Student Conduct Code violation sanction may include a requirement of compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.

Discretionary Educational Sanction

A finding of Student Conduct Code violation sanction may include work assignments, essays, service to the College, community service or other related discretionary assignments.

The student may receive an assignment(s) to serve an additional educational purpose. These “educational projects” may include (but are not limited to): educational newsletter, interview with a professional about the topic, creating a bulletin board, planning and implementing a program, service to community program or writing a paper on a related topic.

College Suspension

The student will receive a written notice of a finding of Student Conduct Code violation of specified College rules and regulations. Suspension is for a definite period of time, and is a separation of the student from all College-controlled locations and activities, after which the student is eligible to return. Conditions for readmission, including but not limited to the sanctions listed above, may be specified.

This determination for suspension needs to be in consultation with the Campus Dean and the Student Conduct Hearing Board. This sanction becomes part of the student’s permanent file.

The official written notification from the Student Conduct Administrator of suspension will state:

• A period of suspension determined by the Student Conduct Hearing Board
• Any additional sanctions, e.g., loss of privileges, restitution, other discretionary sanctions, and the date of which they must be fulfilled
• The student’s standing within the College is in jeopardy
• Further misconduct will result in an extension of the suspension or expulsion, if applicable
• The action will become part of the student’s permanent file

NOTE: When a student is suspended for the semester for a Code of Conduct violation in consultation with the Campus Dean, a WR3 is the grade awarded for the designated program/courses by the Student Conduct Administrator via the grade change process.

If a student was suspended in an emergency action without the opportunity for an administrative or formal hearing process, the student is entitled to such a process prior to the action becoming part of the student’s permanent file.

College Expulsion

The student shall receive a written notice of permanent separation of the student from all College campuses; centers, sites and locations.

This determination for expulsion is made by the College President, after recommendation by the Student Conduct Hearing Board. This sanction entails a permanent separation from the College and becomes part of the student’s permanent file. No appeal is available.

The official written notification of expulsion from the College President will state:

• The findings of a code of conduct violation
• The date the expulsion is to take effect

NOTE: When a student is expelled for behavior with the President’s approval, a WR3 is the grade awarded for the designated program/courses by the Student Conduct Administrator via the grade change process.

Disciplinary sanctions may be made part of the student’s academic record and disciplinary record. Upon graduation, the student’s disciplinary record may be expunged of disciplinary actions upon the student’s application to the Student Conduct Administrator.

Additional Available Actions

The additional actions below may be paired with the designated/decided sanction. Note: More than one action may be imposed for a violation.

Academic Advisor Notification/Conference

The student’s academic advisor will be notified that the student has been found responsible for a violation of the Student Code of Conduct, and the student may be required to meet with an academic advisor.

College Employer Notification/Conference

Applicable only for students employed in a position at the College. The student’s College employer supervisor will be notified that the student has been found responsible for a violation of the Student Code of Conduct, and the student may be required to meet with the supervisor.

Club Advisor Notification/Conference

Applicable only for students belonging to a College-recognized club or organization. The student’s club advisor(s) will be notified that the student has been found responsible for a violation of the Student Code of Conduct, and the student may be required to meet with the advisor.

Appeals

A student may only appeal the decision by the Student Conduct Hearing Board, including sanction(s), based on proper due process procedures (i.e., the Student Conduct Board hearing was not conducted fairly in light of the allegations and information presented, and in conformity with prescribed procedures giving the complainant a reasonable opportunity to prepare and present information that the Student Conduct Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations) were not followed.

However, deviations from prescribed procedures will not necessarily invalidate a decision or proceeding unless they caused significant prejudice to the student. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.

A written appeal request by the accused student(s) or complainant(s) must be provided to the Dean of Student Services within five (5) business days of receipt of the decision.

Within five (5) business days of the receipt of a written appeal, the Dean of Student Services, or in absentia, her/his designee, shall evaluate the process to see if it was properly followed.

If the appeal stands, the Dean of Student Services will assemble a Student Conduct Appeals Board within fifteen (15) business days to review the case and outcome for a final resolution. The decision made by the Student Conduct Appeals Board is final – with no additional appeal allowed.

If an appeal is upheld by the Student Conduct Appeals Board, the matter shall be returned to the original Student Conduct Hearing Board for a reopening of the Student Conduct Board hearing to allow reconsideration of the original determination and/or sanction(s).  The Student Conduct Hearing Board shall reconvene for this purpose within five (5) to fifteen (15) business days following the date of notice of the Appeals Board decision.

If an appeal is denied, the matter shall be considered final and binding upon all concerned. The Student Conduct Administrator shall follow-up with any sanction monitoring or other decision-related tasks as specified in the determination.

Disciplinary Actions Involving Student Groups or Organizations

The actions of student organizations are expected to be consistent with the Student Code of Conduct. If members of a student organization or students representing the group violate the code disciplinary actions and/or sanctions may be taken against the group as a whole, its officers or individual members.

In each case in which a Student Conduct Board determines that a group or organization has violated the Student Conduct Code, the sanction(s) shall be determined and imposed by the Student Conduct Administrator, or designee, in conjunction with the Dean of Student Services.

The Student Conduct Administrator, or designee, shall advise the accused student group or organization (and a complaining student who believes he/she was the victim of another student’s group- or organization- related conduct) in writing within five (5) business days of the hearing board decision of its determination.

Supportive Provisions of this Code

Victims of Alleged Misconduct

A victim of alleged misconduct, upon request, will be informed of the steps that can be taken if the accused student or another party intimidates or harasses the victim. Nothing in this code shall be construed to preclude a victim from seeking criminal or civil judicial remedies against an alleged wrongdoer. To the extent permitted by applicable law, victims of alleged misconduct may be informed concerning the status and outcome of discipline proceedings.

Victims of Sexual Harassment or Sexual Assault

College personnel provide victims of sexual assault with information regarding their legal rights, counseling, classroom and campus relocation options and the names and telephone numbers of local agencies that are available to provide assistance. The College and campus administration in conjunction with the Compliance Office will seek to protect the identities and confidentiality of statements made by assault victims to the extent permitted by law, unless and to the extent that such confidentiality unreasonably interferes with the College’s ability to investigate and/or prosecute reported allegations of sexual assault. For more information, please refer to Part III of this document.

Civil Liability for Damage to College Property

A student shall be legally responsible for damage to College property caused by that student. The student may be required to pay for replacement or repair of damaged property through an appropriate civil process. The student may also face imposition of the discipline.

Mailing of Documents

Whenever this Code allows or requires a letter or other document to be mailed, the mailing may be first- class, certified or registered mail.

Requirement of Substantial Compliance

Technical errors made by the College or an employee or administrator thereof in the application of this Code that do not prejudice the student shall not be grounds for invalidating the discipline that has been imposed.

Severability

If any provision of this Code is found by a court of competent jurisdiction to be unenforceable, the provision shall be construed to be severed from this Code and the remainder of this Code shall continue in full force and effect.

1. Discipline and Hearing Records–A discipline record is maintained for each student electronically and contains information concerning that student’s disciplinary history. A taped record of formal disciplinary hearings may be made and transcribed at the discretion of the College. The taped record of the hearing, documentary evidence or other exhibits, case records, and other  information pertinent to the hearing, with the exception of bulky exhibits will be maintained as part of the student’s discipline record an electronic digital repository for at least five (5) years of so long as deemed necessary.

The right to examine a discipline record is limited to the affected student or individuals approved by the student or the Dean of Student Services, Compliance Office or designee(s) in accordance with limitations imposed by FERPA and the College procedures.

PART II - Honor Code

Student Honor Code

To support a climate of academic honesty, Mohave Community College adopts an Honor Policy that reflects the fundamental right of all students to an education based on a code of academic integrity and responsibility within the College community. The Honor Policy gives the responsibility for assuring academic integrity to the entire College academic community: students, faculty, and the academic administration.

Mohave Community College expects students to engage in all academic pursuits in a manner that is beyond reproach, and it expects faculty and the academic administration to fully support the MCC Honor Policy. Students found in violation of the MCC Honor Policy outlined below are subject to academic and, where appropriate, disciplinary sanctions.

The Honor Policy is based on an understanding of academic integrity.

Honor Code Definitions

1. “Academic dishonesty” means any of the following:

• Abuse of Resource Materials is the intentional mutilation, destruction, concealment, theft or alteration of materials provided to assist students in the mastery of course materials.
• Cheating is the intentional use of or attempted use of unauthorized materials, information, or study aids in any academic exercise. Students should be aware that when taking online courses or when participating in online activities in ground courses, electronic trails may indicate cheating. Students sharing computers for the same course and submitting assignments within a few minutes of each other may give the appearance of shared work.
  • To cheat on an exam is to use books, notes, or other materials not explicitly permitted by the instructor in taking the exam; to copy other students’ work in taking an exam; to use copies of examination material (whether stolen or accidentally obtained) in preparing for or taking an examination when the instructor has not made these materials public by prior distribution; and/or to assist a student in cheating in any of the aforementioned three ways.
  • To cheat on an assignment is to use materials or sources explicitly forbidden by the instructor in completing the assignment and/or; assist students in cheating as defined above. Ideas and work from other students as well as the student using his/her own work again is forbidden.
• Collusion is unauthorized collaboration with another person in preparing written work offered for credit. Students should be aware that when taking online courses or when participating in online activities in ground courses, electronic trails may indicate cheating by way of collusion or other forms. Students taking the same section of a course will give the appearance of shared work if they are sharing computers or non-MCC IP addresses and submitting course assignments/quizzes/exams within similar timeframes. Students sharing an IP address need to enroll in different sections offered by different instructors if enrolling in the same course.  If a different course section is not available with a different instructor, the students must notify the faculty member and the associate dean in his/her division immediately.
• Fabrication is intentional and unauthorized falsification or invention of any information or citation in an academic exercise with the intent of gaining an unfair academic advantage, either for the individual who is committing the fabrication or for another.
• Facilitating Academic Dishonesty is intentionally or knowingly helping or attempting to help another to violate any provision of this Code. Students are on their honor to report known academic dishonesty; failure to do so may incur a penalty.
• Misrepresentation is intentionally or knowingly claiming assignment credit, College credit, certificate, or diploma as one’s own when someone else completed any or all work required toward the award of the credit/certificate/diploma.
• Stealing is the deliberate taking of another individual’s or group’s property without consent, permission, or acknowledgement with the intent of gaining an unfair academic advantage.
• Plagiarism is intentionally or knowingly representing the words or ideas of another as one’s own in any academic exercise. Plagiarism includes, but is not limited to, the use of paraphrase or direct quotation of the published or unpublished work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials. Information gathered from the Internet and not properly identified is also considered plagiarism. False Citation, incorrect or inadequate citation of sources, and purchasing, downloading, or using papers written by another individual is also included under plagiarism.
• Self-plagiarism is the intentional submission of a partial or whole assignment in more than one course without explicit written permission from the instructor or the submission of a partial or whole assignment which was previously submitted in a course in which the student dropped, withdrew, failed, or received credit.

2. “Academic work” means the preparation of an essay, thesis, report, problem, classroom or online discussion, assignment or other project, whether done alone or in an assigned group, submitted for purposes of grade determination.
3. “Academic penalty” means one or more of the following sanctions which may be imposed in cases involving violation of academic honesty:

• A requirement to re-submit the academic work in question with an automatic grade reduction.
• A requirement to perform additional academic work not required of other students in the course.
• A reduction to any level of the grade in the course, or on the examination, or other academic work affected by violation of the Honor Code.
• A requirement to be administratively withdrawn from the course with a grade of “W.”

4. “Disciplinary penalty” means any penalty which may be imposed in a student disciplinary matter pursuant to Mohave Community College Code of Student Conduct.
5.  “Honor Code” means the promise made to uphold the Mohave Community College Honor Policy.
6. “Honor Code Reminder” is the standardized reminder placed in all course syllabi, on high stakes exams, and on the login page to the College online learning platform.
7. “Violation of the Honor Code” includes any act of academic dishonesty as defined by this policy.

Honor Code Explanation

The Honor Code is the promise made by all members of the Mohave Community College community to uphold the MCC Honor Policy. The Code states:

We, the members of the Mohave Community College academic community hereby resolve to uphold individually and collectively the honor of the College by doing all that is within our power to prevent any form of dishonesty in our academic work, including, but not limited to, refusing to participate in any acts of cheating, fabrication, stealing, plagiarism, misrepresentation, collusion or facilitating the academic dishonesty of another.

Academic Honor Pledge

The Honor Pledge is a pledge of commitment to the Honor Code and shall appear on all final exams and other assessments as faculty deem appropriate. Student signature on the assessment shall be an acknowledgement of the pledge. The Honor Pledge shall also appear as a click through screen in Schoology© (or other MCC-adopted course platforms) in order to access final exams and other assessments as faculty deem appropriate. Students will be advised on that screen that by clicking through to the assessment they have acknowledged the pledge.

In compliance with the Mohave Community College Honor Code, I pledge on my honor that I have not given or received any unauthorized assistance on this examination (or assignment) and that the person doing this course work is the person who is registered for this course.

I further pledge that I have not to my knowledge committed any of the acts of academic dishonesty identified in this Policy.

Scope

The Mohave Community College Honor Policy shall apply to all aspects of a student’s academic life. This means that all tests, quizzes, examinations, and assigned written or oral work of any kind is expected to be the work of the student alone (unless otherwise assigned or approved) and that failure to observe this requirement shall be considered a violation of the Honor Code.

Faculty Responsibilities

The MCC “modified” honor system, requires that instructors retain the right to set such academic integrity measures as proctoring, using anti-plagiarism software, using secure testing software with additional passwords for online testing, etc.

All course syllabi shall reference the MCC Honor Policy, include the Honor Code, the Honor Pledge, and include the following reminder:

Student Responsibilities: Use of electronic devices, attendance, participation, academic honor code, academic integrity and plagiarism, withdrawals and incomplete grade contracts. Students are responsible for abiding by the policies governing these topics that can be found in the MCC Catalog at http://catalog.mohave.edu/. For further information on “What is plagiarism and why is it important?” please refer to the following: http://www.mohave.edu/assets/documents/Library/Resources/Lib_Avoid_Plagiarism_1604.pdf

The instructor is also responsible for providing clear and complete information regarding grading practices, allowed collaborations and other academic expectations.

Student Rights and Responsibilities

Students have a right to expect that their instructors are competent to render fair evaluations of student work and that such evaluations will be free of prejudice and caprice. Tied to that right is the expectation that students will take responsibility for reviewing their course syllabus at the start of the course, will ask for clarity if assignment instructions are not clear, will adhere to the MCC Honor Code, and will communicate promptly with their instructor if they believe they have been graded unfairly. If a student believes the final grade for a course was based on an unfair evaluation, the student may proceed with the Grievance Process as outlined in the MCC Student Handbook.

Honor Code Violation Procedures

When a faculty member reasonably suspects that a student under his/her supervision has violated the Honor Code, the faculty member will raise the “honor code violation flag” in MCC’s early alert system and contact the student to meet or discuss the matter in person or by phone. During the conversation, the faculty member will explain to the student both the suspected Code violation and the evidence that supports the suspicion that the violation occurred and determine if the student is responsible. If the student is found to be responsible, the faculty member may provide an academic penalty as defined below:

“Academic penalty” means one or more of the following sanctions which may be imposed in cases involving violation of academic honesty:

1. A requirement to re-submit the academic work in question with an automatic grade reduction.
2. A requirement to perform additional academic work not required of other students in the course.
3. A reduction to any level of the grade in the course, or on the examination, or other academic work affected by violation of the Honor Code.
4. A requirement to be administratively withdrawn from the course.

The resolution/penalty will be recorded in the Office of Instruction.

If the student disagrees with the offered resolution, they need to follow the grievance process found on the student tab inside jics.mohave.edu or in the current student handbook.

In the event an individual department has a more exacting or rigorous violation policy, that policy shall supersede College policy.

PART III - Sexual Harassment-Sexual Misconduct

Sexual Harassment and Sexual Violence is viewed as a violation of Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C.§1681 et seq.Title IX is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public and private elementary and secondary schools, school districts, Colleges, and universities (hereinafter “schools”) receiving any Federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion.

Definition of Sexual Misconduct, Including Sexual Assault and Sexual Harassment

The College does not tolerate sexual misconduct.

The College prohibits all forms of sexual misconduct by students, whether perpetrated by a stranger or acquaintance, whether occurring on or off campus, and whether directed against a member of the College community or someone against outside the community. Such behavior will result in discipline and may also be a criminal violation.

Prohibited conduct ranges from acts of non-consensual sexual intercourse and non-consensual sexual contact, to sexual misconduct including, but not limited to, harassment of a sexual nature, sexual exploitation, stalking, relationship violence, voyeurism, exposure, video or audio taping of sexual activity, and sexual activity resulting from emotional coercion. The College may also discipline students and employees for inappropriate sexual behavior and forms of sexual misconduct that are not specifically listed here.

1. Sexual misconduct is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. The term includes sexual assault, sexual harassment, sexual exploitation, and sexual intimidation as those behaviors are described later in this section. Sexual misconduct can be committed by men or women, and it can occur between people of the same or different sex.
2. Sexual harassment is a form of discrimination that includes verbal, written, or physical behavior of a sexual nature, directed at someone, or against a particular group, because of that person’s or group’s sex, or based on gender stereotypes, when that behavior is unwelcome and submission or consent to the behavior is believed to carry consequences for the student’s education, employment, or participation in a College activity OR the behavior has the purpose or effect of substantially interfering with the student’s work or educational performance by creating an intimidating, hostile, or demeaning environment for employment, education, or participation in a College activity. Comments or communications could be verbal, written, or electronic. Behavior does not need to be directed at or to a specific student, but rather may be generalized unwelcomed and unnecessary comments based on sex or gender stereotypes.
3. Sexual assault is any type of sexual contact or behavior that occurs by force or without consent of the recipient of the unwanted sexual activity. Included within this broad term are rape, attempted rape, statutory rape and incest, and, where active consent is absent, groping, forced kissing, sodomy, sexual assault with an object and fondling. Under Arizona law, the definition of “sexual assault” is “intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.” A.R.S. § 13-1406(A). “‘Oral sexual contact’ means oral contact with the penis, vulva or anus.” A.R.S. § 13-1402(1). “‘Sexual intercourse’ means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.” Id. at § 13-1402(3).
4. Sexual exploitation involves taking non-consensual sexual advantage of another person. Examples can include, but are not limited to electronically recording, photographing, or transmitting  intimate or sexual utterances, sounds, or images without the knowledge and consent of all parties involved; voyeurism (spying on others who are in intimate or sexual situations); distributing intimate or sexual information about another person without that person’s consent.
5. Sexual intimidation involves threatening another person that you will commit a sex act against them; stalking; cyber-stalking; or engaging in indecent exposure.
6. Stalking is engaging in a course of behavior, directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of that person’s immediate family member or the safety of others, or suffer substantial emotional distress. Stalking includes unwanted and repeated harassing behavior, such as following a person; appearing at a person’s home, class or work; making frequent phone calls, emails, text messages, etc.; continuing to contact a person after receiving requests not to; leaving written messages, objects or unwanted gifts; vandalizing a person’s property; and threatening, intimidating or intrusive behavior, and physical violence A.R.S. § 13-2923(A).
7. Dating violence consists of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined by the victim with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Relationship violence includes sexual or physical abuse or the threat of such abuse. There appears to be no specific definition of “dating violence” in Arizona’s criminal code. Some forms of dating violence would constitute “domestic violence,” discussed hereafter, which includes acts committed within a previous or current “romantic or sexual relationship.” A.R.S. § 13-3601(A)(6).
8. Domestic violence consists of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under Arizona law; or by any other person against an adult or youth victim who is protected from that person’s acts under Arizona law. In addition to dating violence and domestic violence, relationship violence includes any pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other partner. Relationship violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.

Further, “Without consent” includes any of the following:

1. The victim is coerced by the immediate use or threatened use of force against a person or property.
2. The victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant. For purposes of this subdivision, “mental defect” means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another.
3. The victim is intentionally deceived as to the nature of the act.
4. The victim is intentionally deceived to erroneously believe that the person is the victim’s spouse.
5. The victim is not yet eighteen years of age.

Active consent is needed to engage in sexual activity. Consent is informed, freely and actively given, mutually understandable words or actions that indicate a willingness to participate in a mutually agreed upon sexual activity. It is incumbent upon both parties to both obtain and give active consent prior to any sexual activity. Effective consent may never be obtained as a result of coercion, intimidation, threat of force, or force.

Consent must be present throughout the sexual activity – at any time, a participant can communicate that he or she no longer consents to continuing the activity. If there is confusion as to whether anyone has consented or continues to consent to sexual activity, it is essential that the participants stop the activity until the confusion can be clearly resolved.

In addition to being forbidden by this policy, sexual misconduct may be a violation of state criminal law and of other College policies, including the College’s general policy against violence.

Scope of Policy: On and Off Campus

This policy covers both on-campus and off-campus conduct.

Resources and Support for Victims of Sexual Harassment and Sexual Misconduct

Persons who experience unwelcome sexual behavior may respond to the experience in many different ways, including feeling confused, vulnerable, out of control, embarrassed, angry, or depressed. The College provides a variety of resources to assist students who have experienced unwelcome sexual behavior with their healing and recovery and to help students determine whether and how to make a formal complaint about the incident.

1. The Dean of Student Services, Campus Dean, Compliance Office/Title IX Coordinator and College Administration are committed to ensuring that students who report sexual misconduct receive comprehensive care, regardless of whether or not they wish to make a formal criminal complaint.
2. Protection against retaliation. The College prohibits retaliatory action against any person making a complaint of sexual misconduct or against any person cooperating in the investigation of any charge of sexual misconduct. This includes any form of intimidation, threats, or harassment. Acts of retaliation constitute a violation of College policy and the Student Code of Conduct and will result in disciplinary action. Retaliation should be reported to the Dean of Student Services, Campus Dean or Title IX Coordinator/Compliance Office.
3. Medical assistance. Students who have experienced a recent sexual assault are strongly encouraged to visit a hospital or clinic to take care of their medical needs. A hospital or clinic can treat a victim’s injuries and provide necessary medical advice and medication in case a victim may have contracted a sexually transmitted disease (STD) or has pregnancy concerns. Local hospitals have personnel available to perform a sexual abuse evidentiary examination. Receiving an evidentiary examination does not mean that a victim must make a formal report to the College or to law enforcement. Rather, the examination serves to preserve evidence in the event that a victim may wish to make a complaint in the future.
4. A sexual assault evidentiary exam is may be covered and paid for by county in which the offense occurred and may not be submitted for insurance purposes.
5. Students who have experienced sexual misconduct are encouraged to seek the assistance of campus dean at the local campus. If a student is not sure whether criminal conduct is involved the Campus Dean, Dean of Student Services as well as the Compliance Office/Title IX Coordinator may be able to assist the student in determining whether a crime has been committed. Local law enforcement agencies may also be a point of contact, especially in emergencies and when the event happens off campus.

Making a Complaint

The College takes all incidents of sexual misconduct very seriously. There are two options for students to make a formal complaint of sexual misconduct. A student may pursue either or both of these options. A student can make a complaint about sexual misconduct to the College administration by contacting the campus dean at the local campus or any of the other contacts found on the right-hand side of this link: (http://www.mohave.edu/about/safety). In addition, a student can make a formal complaint about sexual misconduct to the appropriate law enforcement authorities, in the case of sexual misconduct that occurs on campus. Not all sexual misconduct is criminal behavior.

How to Make a Formal Complaint

Students may make a complaint about sexual misconduct by another person by contacting the campus dean at his/her local campus or any of the other contacts found on the right-hand side of this link: (http://www.mohave.edu/about/safety).

MCC Faculty and Staff will use the Title IX Complaint Form for this process.

A student may need support when talking with law enforcement or College administrators. Students are entitled to be assisted by a person of their choice at every stage of the process.

When to Make a Formal Complaint to College Administration

There is no time limit on making a complaint to College administration. However, students are strongly encouraged to report incidents of, or share information about, sexual misconduct as soon as possible after the incident occurred. The College may ultimately be unable to adequately investigate if too much time has passed or if an accused individual has left the College. Other factors that could negatively affect the College’s ability to investigate include the loss of physical evidence, the potential departure of witnesses, or loss of memory.

When a student makes a report, College administration and the campus dean will:

• Make sure the student is out of immediate danger.
• Be willing to listen – talk to the student privately and treat them with respect, sensitivity and dignity.
• Encourage the victim to file a complaint with the Campus Dean/Title IX Coordinator.
• Discuss confidential reporting options if confidentially is desired.
• Serve as a resource and work with them regarding accommodations or other support.
• Report the incident to the Title IX Coordinator or their designees with all relevant details.

Even if an assault took place on non-College property or was reported to a law enforcement agency, students are encouraged to contact the Campus Dean’s office for assistance with safety issues while on campus.

Making a Report to Law Enforcement

In an emergency: Call 911 from wherever you are, and a law enforcement officer will respond to assist you.

At a student’s request, the Compliance Office, Campus Dean, Dean of Student Services or designee will also assist students in reporting to law enforcement.

Resources and Support for Persons Accused of Sexual Harassment or Sexual Misconduct

Due Process

The College will treat accused students with fairness and respect and will ensure that its investigations and disciplinary proceedings are conducted in accordance with principles of due process. A student who is accused of sexual misconduct may be assisted by an attorney or other advisor of his or her choosing.

College prohibition against knowingly making false complaints

The College prohibits students from knowingly making false complaints of sexual misconduct (including sexual assault and sexual harassment). Knowingly making false complaints of sexual misconduct constitutes a violation of the Student Code of Conduct and will result in disciplinary action. However, a complaint made in good faith is not considered false merely because the evidence does not ultimately support the allegation of sexual misconduct or sexual harassment.

Mandatory Reporting

Each College employee is obligated to report incidents of sexual harassment, sexual assault, and sexual misconduct of which they become aware. This obligation extends to all College employees because of the College’s responsibility under Title IX to:

• Stop the conduct
• Prevent its re-occurrence
• Remedy its effects
• Provide care and support for the reporting person
• Take steps to insure the safety and security of our community

The College has adopted the term “mandatory reporter” to describe this obligation that extends to all individuals “who a student could reasonably believe has the authority or responsibility” to address these incidents. They have a duty to report the incident to the Title IX Coordinator or their designees (found here – on the right-hand side of the page: http://www.mohave.edu/about/safety) with all relevant details including names of the victim and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time, and specific location of the alleged incident.

College Title IX Coordinator

The coordinator’s responsibilities will include overseeing all complaints of sex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints.

Resolution of Allegations

1. Allegations that a student has engaged in unwelcomed sexual behavior or sexual harassment will be handled through the Campus Dean/Student Conduct Administrator, or designee, in consultation with the Compliance Office/Title IX Coordinator.
2. The Office of Compliance is available to advise complainants and alleged victims on the resolution of allegations against students. To the maximum extent possible, the Office of Compliance and the Dean of Student Services shall work together to ensure a coordinated and effective institutional response to reports or complaints alleging that a student has engaged in sexual harassment or unwelcomed sexual behavior.
3. At an alleged victim’s request, the Office of the Title IX Coordinator/Office of Compliance will assist the victim in addressing a situation involving allegations of unwelcomed sexual behavior or sexual harassment against a student without initiating formal disciplinary action against the student respondent. However, the College may conduct a formal investigation of allegations and pursue disciplinary action, even without an alleged victim’s consent, if circumstances warrant.

Implementing the (MCC) Student Code of Conduct in Cases of Sexual Harassment or Sexual Violence

General: Investigations, hearings or appeals conducted as a part of disciplinary procedures used by the College are not courts of law and they are not subject to many of the rules of civil or criminal hearings. Because some of the violations of the College’s standards may also violate the law, students may be accountable to both civil authorities and to the College for their actions.

Complaint: Any member of the College community may file a complaint against a student for violations of the Mohave Community College Student Conduct Code. The complaint may be verbal or in writing and directed to the Title IX Coordinator and the Campus Dean/Student Conduct Administrator at the campus where the alleged violation occurred. If the event occurred in an online course environment, or on the MCC Online Facebook page: the Campus Dean of the student’s home campus will manage the process. If the event occurred in the web portion of a web- enhanced or hybrid environment, ground-campus personnel will manage the process. If the event occurred in an ITV/multi-campus setting, the Dean of Students or Compliance Office can choose the venue if the complainant(s) and the accused student were at different campuses.

Community members, who are neither MCC students nor MCC staff, will prepare in writing the nature of their complaint against a student they allege has violated the student code.

Formal Hearing Process

The formal hearing procedure will be held to the same guidelines with the same sanctions available as noted in the “Implementing the Student Code of Conduct” portion of this document (begins on page 12).

REMINDER: In cases of Title IX violations, the Title IX team will follow the behavioral alert process and procedures as well as form the hearing board.

Modification of Code

The College reserves the right to modify this Code from when, in its discretion, such action will serve the best interests of the College or its students. The provisions of this Code shall not be construed to replace or supersede any state, Federal or local laws that also may apply to students or other.

Questions Regarding Codes

Any question of interpretation regarding this Code shall be referred to the Compliance Office or Dean of Student Services for final determination. The Code shall be reviewed periodically under the direction of the Dean of Student Services or Compliance Office.

*Arizona Revised Statutes - Title 13 Criminal Code - Section 13-2911 Interference with or disruption of an educational institution; violation; classification; definitions.

Appendix I

Student Code of Conduct Definitions:

DEFINITIONS from the Code that pertain particularly to the procedures

Business Day - shall refer to a College business day (8 am – 5 pm, Monday – Friday, Fall through Spring Terms; 7 am – 5 pm, Monday – Thursday, Summer Term) unless otherwise noted.

Student - all persons enrolled in any College courses, regardless of where courses are taught, whether they are enrolled full-time or part-time, for credit or non-credit or not-for credit or contract education, and whether or not s/he is planning to earn a degree, certificate of achievement or other certification. Persons who are enrolled in online or hybrid courses are also considered ‘students’

Accused Student - one who is accused of violating the Student Code of Conduct.

College Official - any person employed by the College, performing administrative or professional responsibilities.

Complainant - any person who submits a complaint alleging that a student violated Student Code of Conduct. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been victim will have the same rights under this Student Code as are provided to the Complainant, even if another member of the College community submitted the complaint itself.

Faculty Member - any person hired by the College to conduct classroom activities or considered by the College to be a member of the faculty.

The College community – Students, members of the governing board, administrators, faculty, and other College employees.

Organization/Group - An athletic team, association, order, society, corps, cooperative, club, or other similar group that is affiliated with the College and whose membership consists primarily of students enrolled at the College. “Organization” includes a local chapter, unit or other local division consisting primarily of students, regardless of the nature of the membership of the larger public organization.

Student Conduct Administrator - The Campus Dean or designee as appointed by the Dean of Student Services.

Student Conduct Hearing Board - means that group of persons authorized by Student Hearing Officer to determine, within the parameters of the MCC Student Code of Conduct designated proceedings, whether a student has violated the Code of Conduct, and to impose or recommend sanctions based on that finding.

Student Conduct Appeals Board - means that group of persons authorized by the Dean of Student Services to consider an appeal from a Student Conduct Hearing Board’s finding that a student has violated the Code of Conduct, or from sanctions imposed from that finding.

Definitions: The following are definitions of terms or phrases contained within this Code:

Campus - One of four Mohave Community College Campuses: Bullhead City Campus, Lake Havasu City Campus, Neal Campus Kingman and the North Mohave Campus.

College - Mohave Community College

College Premises - Any campus, center, site, location or place, including those virtual, where College- sponsored activities occur.

Day/Business Day - shall refer to a College business day (8 am – 5 pm, Monday – Friday, fall through spring terms; 7 am – 5 pm, Monday – Thursday, Summer Term) unless otherwise noted.

Student - all persons enrolled in any College courses, regardless of where courses are taught, whether they are enrolled full-time or part-time, for credit or non-credit or not-for credit or contract education, and whether or not s/he is planning to earn a degree, certificate of achievement or other certification. Persons who are enrolled in online or hybrid courses are also considered ‘students’.

Accused Student - one who is accused of violating the Student Code of Conduct.

Complainant - means any person who submits a complaint alleging that a student violated Student Code of Conduct. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been victim will have the same rights under this Student Code as are provided to the Complainant, even if another member of the College community submitted the complaint itself.

Parties - include all accused students and the complainant(s) for any given conduct code allegation.

Faculty Member - any person hired by the College to conduct classroom activities or considered by the College to be a member of the faculty.

Member of the College community - Students, members of the governing board, administrators, faculty, and other College employees.

College Official - any person employed by the College, performing administrative or professional responsibilities.

Organization/Group - An athletic team, association, order, society, corps, cooperative, club, or other similar group that is affiliated with the College and whose membership consists primarily of students enrolled at the College. “Organization” includes a local chapter, unit or other local division consisting primarily of students, regardless of the nature of the membership of the larger public organization.

Student Conduct Administrator - The Campus Dean or designee as appointed by the Dean of Student Services or Compliance Office.

Student Conduct Hearing Board - means that group of persons authorized by Student Hearing Officer to determine, within the parameters of the MCC Student Code of Conduct designated proceedings, whether a student has violated the Code of Conduct, and to impose or recommend sanctions based on that finding.

Shall - is used in the imperative sense.

May - is used in the permissive sense.

Disruptive Behavior - Disruptive behavior is behavior which Mohave Community College regards as speech or action, including but not limited to, which

1. is disrespectful, offensive, and/or threatening,
2. Interferes with the learning activities of other students,
3. Impedes the delivery of College services, or
4. Has a negative impact in any learning environment - including department and staff offices, the Library, the, the Learning Commons, labs, clinical sites, intern- and externship sites, etc. Disruptive behavior includes physically, verbally or psychologically harassing, threatening, or acting abusively toward an instructor, staff member, or toward other students in any activity authorized by the College. Disruptive behavior-also includes any other behavior covered by the Student Conduct Code.

Threatening Behavior - behaviors, including perceptions of such behaviors that affect the safety, health, and well-being of its students, faculty, staff, and community.

Hazing - an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization.

Policy - Any the written regulation of the College approved by the MCC Board of Governors as found in, but not limited to, the College Policies and Procedures Manual, Governing Board policies, administrative policies, the College catalog and the Student Code of Conduct.

Cheating - intentionally using or attempting to use unauthorized materials, information, or study aids in any academic exercise.

Plagiarism - Intentionally or knowingly representing the words or ideas of another as one’s own in any academic exercise. Plagiarism is the misrepresentation of someone else’s research, thought, or writing as one’s own. Plagiarism occurs when a student uses the ideas or phrasing of another individual or group and presents the information as their own without crediting the original source.