Student Rights & Responsibilities

The reputation of the college and the college community depends in large part upon the behavior and academic achievement of its students. This policy provides a guide for students enrolled at the college and to assist faculty and staff in understanding College expectations for students and student rights. Students are expected to conduct themselves in a mature, dignified, and honorable manner. The Code of Student Rights and Responsibilities outlines the expectations for student conduct. College staff and faculty shall follow the judicial procedures as outlined in the Code of Student Rights and Responsibilities.

• I. Student Rights

Ivy Tech Community College recognizes its responsibility to support and uphold the basic freedoms and citizenship rights of all students. In the Code of Student Rights and Responsibilities, the term “student” is used to refer to Individuals pursuing credit course-work, taking non-credit classes and training programs, and individuals who have submitted an application for these offerings. In addition, the term student may also be applied to a group of individuals and a recognized student organization and all participants. Furthermore, a student who discontinues enrollment after allegedly violating the Code of Student Rights and Responsibilities shall be considered a student for the purposes of the conduct proceedings until such matter is resolved. Within the context of the entire educational setting this includes experiences both inside and outside the classroom. All students have the following rights:

A. Rights in the Pursuit of Education

1. Have reasonable access to faculty and staff, academic technology, classrooms, libraries, presentations, and other resources necessary for the learning process.
2. Have access to academic advising and clear expectations for credential and graduation requirements.
3. Have the relevant information needed to make informed decisions related to the pursuit of their education.
4. Learn in an environment that supports the freedom of self-expression and association.
5. Participate in an exchange of ideas, pursuant with their constitutional rights and the Preamble of this Code, free of conduct that impedes either a faculty member’s ability to teach or the student’s ability to learn.
6. Receive either a print or electronic class syllabus in a timely manner.
7. Expect to interact with faculty who are engaged in the learning process. Students may expect faculty to provide clearly stated class goals and expectations for class performance and evaluation, to meet classes as scheduled, and to be accessible for office hours, appointments, or consultation.
8. Expect that faculty and staff members will be sensitive to students’ religious beliefs and observances, including an expectation that instructors will make reasonable arrangements upon appropriate prior notice when a student must miss an exam or other academic exercise resulting from the observance of a religious holiday.
9. Take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion.
10. Study, work, and interact in an environment of professionalism and of mutual trust and respect that is free of sexual harassment by faculty or staff members or other students.

B. Right to Freedom from Discrimination

Ivy Tech Community College is committed to providing an educational environment, as well as other benefits, programs, and activities that are free from discrimination. To ensure compliance with federal and state civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational program or activity, Ivy Tech has developed internal policies and procedures that provide a prompt, fair and impartial process for those involved in an allegation of discrimination on the basis of protected class status, and for allegations of retaliation. Ivy Tech values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a difficult time for all those involved.

Students have the right to study, work, and interact in an environment that is free from discrimination in violation of law or College policy by any member of the College community. Students at Ivy Tech are expected to respect the rights and dignity of other students, faculty, staff, and Ivy Tech visitors.

The College will not exclude any person from participation in its programs or activities on the basis of arbitrary considerations of such characteristics as race, religion, color, sex, ethnicity, national origin, physical or mental disability, age, marital status, sexual orientation, gender identity, gender expression, or veteran or military status

A student has the right to be free from such discrimination by other students who have the effect of interfering with the student’s ability to participate in programs or activities of the College.

Students who believe they are victims of discrimination may obtain information concerning the College’s Student Equal Opportunity, Harassment, and Nondiscrimination Policy and Procedures (ASOM 9.2) and contact the Campus Student Affairs Officer or Campus Title IX Coordinator.

C. Right to Freedom from Harassment

A student has a right to be free from harassment in any building or at any location on any College property or that occurs in a building or on property that is not College property if the harassment arises from College activities that are being conducted off the College campus or if the harassment undermines the security of the College community or the integrity of the education process or poses a serious threat.

Sometimes discrimination takes the form of harassment. Discriminatory harassment is defined as conduct that targets an individual based upon race, religion, sex, ethnicity, national origin, physical or mental disability, age, marital status, sexual orientation, gender identity, gender expression, or veteran or military status and that adversely affects a term or condition of an individual’s education, or participation in a College activity; or has the purpose or effect of unreasonably creating an intimidating, hostile, or offensive environment for academic pursuits, housing, or participation in College activities.

Sexual Harassment is s specific form of discriminatory harassment and is an unlawful discriminatory practice. Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and or gender identify of those involved. Sexual Harassment as an umbrella category, and includes the offenses of quip pro quo, sexual harassment, sexual assault (forcible and non-forcible), domestic violence, dating violence, and stalking.

Detailed definitions of the various forms of sexual harassment can be viewed in the College’s Student Equal Opportunity, Harassment, and Non-Discrimination Policy and Procedures (ASOM 9.2).

D. Right to Access Records

Ivy Tech maintains an educational record for each student who is or has been enrolled at Ivy Tech.

In accordance with the Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, the following student rights are covered by the act and afforded to all students at Ivy Tech:

1. The right to inspect and review information contained in the student’s educational records.
2. The right to challenge the contents of the student’s educational records.
3. The right to a hearing if the outcome of the challenge is unsatisfactory.
4. The right to submit an explanatory statement for inclusion in the educational record if the outcome of the hearing is unsatisfactory.
5. The right to prevent disclosure, with certain exceptions, of personally identifiable information.
6. The right to secure a copy of the institutional policy available in the College’s Academic Support Operations Manual (ASOM) Policy 3.6. FERPA
7. The right to file complaints with the Department of Education concerning alleged failures by Ivy Tech to comply with the provisions of the act. The name and address of the office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-8520.

At the College’s discretion, directory information may be provided in accordance with the provisions of the act without the written consent of the student unless the student requests in writing that such information not be disclosed. The items listed below are designated as directory information and may be released for any purpose at the discretion of Ivy Tech unless a request for non-disclosure is on file:

• Name, address, email address, telephone number, dates of attendance, and enrollment status.
• Previous institution(s) attended, major, awards, honors, credentials.
• Past and present participation in officially recognized activities, date and place of birth.

Students may request the withholding of directory information by notifying the Registrar’s Office in writing (link to form). The request will be in effect until rescinded by the student. The student should carefully consider the consequences of any decision to withhold directory information. Regardless of the effect upon the student, Ivy Tech assumes no liability for honoring a student’s request that such information be withheld. Failure on the part of a student to request the withholding of directory information indicates the student’s approval of disclosure.

In addition, student records are held in security by the College. Transcripts on file with the College from high school and other institutions of higher education cannot be released by Ivy Tech. A student needing a transcript from high school or another College should request it directly from that institution. The Office of the Registrar will assist students wishing to see and review their academic record and student files. Any questions concerning the student’s rights and responsibilities under the Family Educational Rights and Privacy Act should be referred to the Office of the Registrar.

E. Student Right to Know

The 1990 Federal Student Right to Know Act requires colleges and universities to report to prospective and current students the persistence and graduation rates of full-time technical certificate and degree-seeking students. The graduation rate is based upon program completion within 150 percent of time usually required for a full-time student. For technical certificate students, this is the number of full-time students graduating in three semesters. For associate degree students, this is the number of full-time students graduating in six semesters. Further information is available at the Ivy Tech Community College Office of Institutional Research or visit ivytech.edu/institutionalresearch under the “Graduate Rates” section for further information.

F. Right to Freedom of Association, Expression, Advocacy, and Publication

Students are free to form, join, and participate in groups or organizations that promote student interests, including, but not limited to, groups or organizations that are organized for intellectual, religious, social, economic, political, recreational, or cultural purposes.

In accordance with the state and federal constitutions and College policy, the College recognizes the rights of all students to engage in discussions, to express thoughts and opinions, and to assemble, speak, write, publish, or invite speakers on any subject without College interference or fear of College disciplinary action.

Students may engage in peaceful and orderly protests, demonstrations, and picketing that do not disrupt functions of the College, subject to appropriate regulation concerning time, place, and manner. Demonstrations are a legitimate mode of expression, whether politically motivated or directed against the College administration, and will not be prohibited. Demonstrators, however, have no right to deprive others of the opportunity to speak or be heard, take hostages, physically obstruct the movement of others, or otherwise substantially disrupt educational or institutional processes in a way that interferes with the safety or freedom of others. Students may be subject to disciplinary action when their actions cause, or are likely to cause, substantial disruption or interference with the regular and essential operation of the College.

As constituents of the academic community, Ivy Tech students shall be free, individually and collectively, to express their views on issues of institutional policy and procedures which shall include the examination and discussion of issues of interest to them and expression of opinions both publicly and privately. They shall be free to invite and to hear persons of their choosing and to support causes, so long as such persons and means do not substantially disrupt the regular and essential operations of the College.

Students who publish student publications under College auspices have the right to be free of College censorship. Student editors and managers may be suspended or removed from their positions only for proper cause and by appropriate proceedings conducted by the organization responsible for the appointment of such editors and managers.

Ivy Tech requires a student organization to register with the College. Student groups and organizations must comply with all federal, state and local laws, as well as College policies. A student or student organization may be authorized to use College facilities for co-curricular or extracurricular activities, subject to the procedures established by the College.

G. Right to Accommodation for Individuals with Disabilities

Students have the right to learn to the fullest of their abilities. College policy outlining accommodations for admitted students is viewable in the Academic Support Operations Manual (ASOM) Policy 5.3

Reasonable accommodations for persons with disabilities will be made to ensure access to academic programs, services, and employment in accordance with section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and the Americans with Disabilities Amendment Act based upon the policies and procedures established by the College. To help ensure services can be provided in a timely manner, students should contact the office in advance.

H. Rights of Student or Student Organizations in the Judicial Process

Students have the right to file a complaint if they believe any of their rights, as defined in Code of Student Rights and Responsibilities, have been violated by a member of the College community. A student may file a complaint regarding another student, staff or faculty member, or a non-community member via the Incident Report Form available in MyIvy, by contacting Security or contacting the Campus Student Affairs Officer or designee.

A student making a complaint under the provisions of this Code should expect that the College will make a good faith attempt to determine the validity of the complaint. College process and rights of parties involved in a discrimination or discriminatory or sexual harassment are available in the Student Equal Opportunity, Harassment, and Nondiscrimination Policy and Procedures (ASOM 9.2)

Summary of Rights of the victim and accused include:

1. To be treated with respect by College officials.
2. To be informed of College policies and procedures.
3. For the accused, to be provided written notice of any allegation or formal charge of misconduct, including a description of the alleged misconduct.
4. For the accused, to be presumed not responsible for a violation of the Code, until determined otherwise. The burden of proving a violation of the code is that of the College.
5. For the accused, to be present at any proceeding where witnesses may provide evidence.
6. To have access to judicial conferences and Appeals Board hearings.
7. To have an advisor present during all proceedings of the College. The role of the advisor will be limited to being present only and providing counsel directly to the student. The advisor will not be allowed to speak on behalf of the student or student organization during any College proceedings.
8. To be provided an adequate, reliable, impartial, and timely investigation and resolution of all complaints of misconduct.
9. To have allegations investigated by individuals who are properly trained to investigate and resolve allegations of misconduct.
10. To equitable participation in the investigation and disciplinary process, including the opportunity to identify witnesses and relevant appropriate evidence.
11. To not speak, answer questions, or present evidence as part of a judicial hearing. Refusal to do so is not considered an admission of wrongdoing.
12. To present relevant information, either verbally or in writing for consideration during the proceedings.

I. Rights of Students as College Employees

A student’s rights and responsibilities as an employee of the College are governed by the policies of the work unit and by the applicable personnel policies of Ivy Tech. A student-employee who has an employment related complaint should bring the matter to the attention of the immediate supervisor. If a student-employee is not satisfied with the resolution from the immediate supervisor, or if the complaint is with the student-employee’s supervisor, the student-employee should contact the Office of Human Resources. Employment complaints based on discrimination or sexual harassment must be submitted to the Office of Human Resources. All personnel policies are available on the Ivy Tech website.

J. Rights to Intellectual Property

A student’s rights to intellectual property are governed by college policy (ASOM 9.4) The College encourages and supports students who produce intellectual property directly related to course assignments. Course-related activities may be carried out with access to College facilities and equipment provided appropriate channels and guidelines are followed. Students shall adhere to the laws governing the use of copyrighted materials. Students shall have sole ownership and equity rights to property they produce for course assignments. If the display of student work online during a course is done on a password protected web site and follows the same guidelines as the sharing of student work in the face-to-face class does, no written permission from the student is necessary. However, if the College wishes to continue displaying a student's work online beyond the semester in which the student is enrolled in the course, written permission should be obtained. If the student creates a work while performing in an employment relationship with the College for the development of the materials in question, ownership resides with the College. If a work is developed by a student specifically as part of a College employee's formal project, including research and scholarly publications, institution or sponsored project, ownership will reside with the faculty or staff who created the work or the College, to be determined using the provisions outlined above.

1. Uphold and follow all codes of conduct, including this Code, relevant codes and bulletins of respective schools, professional programs or professional societies, and all rules applicable to conduct in class environments, including distance education courses and programs and College-sponsored activities, including off-campus clinical, field, internships, athletics, in-service experiences, activities utilizing college technology or other College approved activities.
2. Obey all applicable College policies and procedures and all local, state, and federal laws.
3. Respect the learning environment which includes, but is not limited to, attending class, completing class assignments, and coming to class prepared.
4. Plan a program of study appropriate to their educational goals. This may include selecting a major field of study, choosing an appropriate credential program within the discipline, planning class schedules, and meeting the requirements for the credential.
5. Use College property and facilities in support of their education while being mindful of the rights of others to use College property and facilities.
6. Maintain and regularly monitor their College accounts.
7. Uphold and maintain academic and professional honesty and integrity.
8. Be responsible for their behavior, and respect the rights and dignity of others both within and outside of the College community.
9. Be accountable for all applicable responsibilities, including those associated with academic programs. While this code applies to all students, some academic programs have additional student responsibilities associated with them that may be based upon accreditation standards and professional standards, as well as compliance with federal and state laws. It is the responsibility of the student to inquire with their academic department regarding any additional responsibilities that may apply to them.

A. Academic Misconduct, Academic Integrity & Professional Behavior

Academic misconduct is defined as any activity that undermines the academic integrity of the institution. Faculty and College staff members are responsible for maintaining the academic integrity of the institution. Academic integrity is expected of all students. Faculty and the College may sanction a student for academic integrity violations and misconduct.

Ivy Tech recognizes academic integrity as a fundamental principle of collegiate life. The credibility of the College’s educational programs rests upon the foundation of student learning and integrity. Students who misrepresent their academic work violate the rights of their fellow students and undermine the faculty member’s authority and ability to assess learning.

Faculty members are also responsible for determining appropriate and professional behavior connected with academic course work associated with clinical, field, or internship experiences off College property. Further, some academic programs have additional student responsibilities associated with them that may be based upon accreditation standards and professional standards, as well as compliance with federal and state laws.

The College, therefore, views any act of academic dishonesty or unprofessional behavior as a serious offense requiring disciplinary measures, including failure for the exam or specific course work, course failure, removal from an academic program, suspension, and expulsion from the College. In addition, an act of academic dishonesty/misconduct may have unforeseen effects and lead to a formal process outside the College.

Violations of academic integrity and professional behavior include, but are not limited to, the following acts:

1. Cheating: Unauthorized use of notes or study aids, or acquiring information from another student’s papers, on an examination; obtaining a copy of an examination or questions from an exam prior to taking the exam; altering graded work with the intent to deceive another person to do one’s work and then submitting as one’s own work; allowing another person to take an examination in one’s name; and submitting identical or similar papers for credit in more than one course without obtaining prior permission from the instructors of all the courses involved.
2. Aiding Cheating or Other Acts of Academic Dishonesty: Providing material or information to another student with the knowledge that this material or information will be used to deceive faculty.
3. Plagiarism: Presenting within one’s own work the ideas, representations, or words of another person without customary and proper acknowledgment of that person’s authorship is considered plagiarism. Students who are unsure of what constitutes plagiarism should consult with their instructors. Claims of ignorance will not necessarily excuse the offense.
4. Data Misrepresentation: Fabricating data; deliberately presenting in an assignment data that were not gathered in accordance with assigned guidelines or are deliberately fabricated; or providing an inaccurate account of the method by which the data were gathered and generated.
5. Falsification of Academic Records or Documents: Falsification of academic records or documents includes, but is not limited to, altering any documents affecting academic records; forging signatures or falsifying information of an official academic document such as a grade report, ID card, library card, or any other official College letter or communication, will constitute academic dishonesty.
6. Unauthorized Access to Computerized Academic or Administrative Records or Systems: Unauthorized access to computerized academic or administrative records or systems means viewing or altering the College’s computer records without authorization; copying or modifying the College’s computer programs or systems without authorization; releasing or dispensing information gained through unauthorized access; or interfering with the use or availability of computer systems or information. Also, when College-sponsored activities are held at locations owned or managed by other institutions or organizations, the unauthorized use, viewing, copying or altering of those institutions’ computer records, systems, or programs would similarly constitute a violation of academic integrity.
7. Unprofessional or Inappropriate Behavior within a Clinical, Field, or Internship Experience: Conduct that is considered to be lewd, indecent, obscene, inappropriate, and/or non-compliant with professional or accreditation standards; or a violation of clinical or other affiliated site expectations or guidelines; or a violation of federal or state laws.
8. All other College policies not listed related to academics: Violation of other College, campus, or programmatic policies.

B. Personal Misconduct involving Computers/Technology

1. Network files: Ivy Tech Community College network files are provided to students for their academic work. These files are not private and are subject to review for compliance with the College’s acceptable use policy for technology.
2. Unauthorized Use of Computers and Technology: Theft or other abuse of computer facilities and resources including, but not limited to:
   1. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
   2. Unauthorized transfer of a file, including peer-to-peer file sharing.
   3. Use of another individual’s identification and/or password.
   4. Use of computing facilities and resources to interfere with the work of another student, faculty member, and/or College official.
   5. Use of computing facilities and resources to send obscene or abusive messages.
   6. Use of computing facilities and resources to interfere with normal operation of the College’s computing system.
   7. Use of computing facilities and resources in violation of copyright laws.
   8. Use of computing facilities and resources in violation of state or federal laws.
   9. Any violation of the College’s computer use policy.

   C. Personal Misconduct

   The College may impose sanctions on students for the following acts of personal misconduct that occur on College property or off campus if the acts arise from College activities that are being conducted off the College’s campuses, or if the misconduct undermines the security of the College community.

   Unacceptable behavior includes:

   1. Dishonesty: Dishonest conduct including, but not limited to, false accusation of misconduct; forgery, alteration, or misuse of any College document, record, or identification; and giving to a College official information known to be false or unauthorized representation of the College.
   2. Falsification of Identity: Assuming another person’s identity or role through deception. Communicating or acting under the guise, name, identification, e-mail address, signature, or other indications of another person or group without proper authorization or authority.
   3. Falsely Reporting an Emergency: Knowingly initiating, transmitting, filing, or circulating a false report or warning concerning an impending bombing, fire, or other emergency or catastrophe; or transmitting such a report to an official or an official agency.
   4. Unauthorized Use of College Resources: Unauthorized release or use of any College access codes for computer systems, duplicating systems, and other College equipment.
   5. Inappropriate Conduct: Conduct that is lewd, indecent, or obscene.
   6. Disorderly Conduct: Conduct that is considered to be obstructive or disruptive that interferes with teaching, research, administration, or other College or College-authorized activities.
   7. Endangerment: Actions that endanger one’s self or others in the College community or the academic process.
   8. Failure to Comply: Failure to comply with the directions of authorized College officials in the performance of their duties, including failure to identify oneself when requested to do so; failure to comply with the terms of a disciplinary sanction; or refusal to vacate a College facility when directed to do so.
   9. Unauthorized Use of College Facilities: Unauthorized entry, use, or occupancy of College facilities.
   10. Explosive Devices: Unauthorized possession, use, manufacture, distribution, or sale of illegal fireworks, incendiary devices, or other dangerous explosives.
   11. Possession/Distribution of Firearms or other Weapons: Firearms or other deadly weapons, as defined by Indiana Code 35-31.5-2-86, are prohibited on College property, at events hosted by the College, or while representing the College. This prohibition includes, but is not limited to, the introduction, possession, use, purchase, sale, or transfer of deadly weapons.
   12. Violence:
       1. The use against any person of any mental, physical, written, or verbal abuse that threatens, is perceived as threatening, or endangers the health, safety, and wellness, or promotes hatred or prejudice towards others.
       2. Fighting and/or other disruptive behavior, which includes any action or threat of action which endangers the peace, safety, or orderly function of the College, its facilities, sponsored events on or off-campus, or individuals engaged in any approved activity.
       1. The use of physical force or violence to restrict the freedom, action, or movement of another person or to endanger the health or safety of another person;
       2. Physical behavior that involves an expressed or implied threat to interfere with an individual’s personal safety, academic efforts, employment, or participation in College-sponsored extracurricular activities or causes the person to have a reasonable apprehension that such harm is about to occur; or
          
       1. An expressed or implied threat to:
          1. Interfere with an individual’s personal safety, academic efforts, employment, or participation in College-sponsored activities and that under the circumstances causes the person to have a reasonable apprehension that such harm is about to occur; or
          2. Injure that person, or damage his/her property.
          1. Ivy Tech Community College prohibits:
             1. Public intoxication, unauthorized use, or unauthorized possession of alcoholic beverages on College property;
             2. Providing or possessing alcohol contrary to law.
             1. Possession/Distribution/Use of Illegal Drugs or Controlled Substances: Unauthorized possession, manufacture, sale, distribution, or use of illegal drugs, any controlled substance, or drug paraphernalia. Unauthorized possession or use of a controlled substance or other prescription drug. This may also include being under the influence of illegal drugs or unauthorized controlled substances.
             2. Copyright Infringement: Conduct or activities that violate federal copyright laws including, but not limited to, the piracy of written or electronic media are not permitted.
             3. Theft: Unauthorized taking, possession, or use of College property, services, or the property or services of others.
             4. Damage to Property: Damage to or destruction of College property or the property belonging to others.
             5. Fire/Safety Equipment: Unauthorized setting of fires on property; unauthorized use of or interference with fire equipment and emergency personnel; and failure to vacate a building or premises when requested to do so by an authorized College official during a real emergency or College drill.
             6. Aiding/Participating in a Riot: Aiding, encouraging, or participating in a riot.
             1. Complaints Against Members of the College Faculty or Staff: When a student believes he/she has a legitimate general complaint against the College, faculty or staff, he/she should make an appointment with that individual to discuss the matter. This process must be initiated within fourteen (14) calendar days of the incident. The student and the College, faculty, or staff should make every effort to resolve the issue. It is expected that most, if not all, misunderstandings can be resolved at this level.

             If the issue is not resolved, the student can express his/her complaint in writing to the individual’s supervisor. If the issue is not resolved to the student’s satisfaction by the supervisor, the student may submit his/her complaint, in writing, to the Campus Student Affairs Officer or designee.

             Ivy Tech disciplinary procedures will be used to determine responsibility for violations of the Code of Student Rights and Responsibilities and determine the appropriate consequences for violations of policy. The College’s disciplinary procedures are separate and distinct from any formal legal proceedings. The procedures for imposing academic and disciplinary sanctions are designed to provide students with due process, procedural fairness, and developmental growth opportunities; to ensure equal protection for all students; and to provide for the imposition of similar sanctions for similar acts of misconduct. At the same time, the procedures reflect the need to be concerned about the individual student involved in a particular case. The procedures, therefore, provide that the imposition of disciplinary sanctions must also be based upon a consideration of all circumstances in a particular case, including a student’s prior record of misconduct, if any. For the purposes of this Code, calendar days are based upon the College’s academic calendar. Therefore, calendar days will be counted during active academic terms. Calendar days in-between academic terms will not be counted due to limited faculty/staff/student availability during break periods. The timelines established within this Code outlines the maximum time frames for each step. Any claims regarding discrimination or harassment, based on a protected status, including sexual misconduct should follow the guidelines for reporting timelines set forth in the Student Equal Opportunity, Harassment, and Nondiscrimination Policy and Procedures (ASOM 9.2). The College’s ability to proceed with substantive determinations and actions in a particular case shall not be impaired by minor deviations from these procedures that do not have the effect of preventing a student from responding fully to a charge of misconduct. Retaliation is prohibited. Protections against retaliation are critical to reducing the prevalence of misconduct within the College community. Retaliation against anyone who has reported an incident of misconduct, provided information, or participated in procedures or an investigation into a report of misconduct, is prohibited by the College and will not be tolerated. Acts of retaliation may include intimidation, threats, and/or harassment, whether physical or communicated verbally or via written communication (including the use of e-mails, texts and social media), as well as adverse changes in work or academic environments or other adverse actions or threats. The College will take steps to prevent retaliation, and will impose sanctions on anyone or any group who is found to have engaged in retaliation in violation of this policy. Concerns about potential retaliation in connection with a report of misconduct should be reported to the Campus Student Affairs Officer or designee. This Code governs activities on all campuses of Ivy Tech Community College. The procedures described below are intended to be used only for determining whether violations of the Code occurred. The student rights and responsibilities described in the Code are specific to academic misconduct, computer/technology misconduct, and personal misconduct on or off College property, and should not be used for general complaints, grade appeals, or other students/faculty/staff concerns.

             A. General Principles

             1. The College intends that proceedings under the code not only resolve charges of misconduct, but also have educational benefit for the students involved. Accordingly, every effort will be made to ensure that students are encouraged to speak for themselves throughout the process of addressing alleged Code violations. Students may have advisors, including at their own expense attorneys, who accompany them at any or all stages of the process. An advisor is limited to the role of advising. The advisor may not participate in the proceeding, may not question witnesses, and may not make any statements during the proceeding. A student with a disability substantially affecting communication or a student who cannot effectively communicate in the English language may seek a reasonable accommodation from the Campus Student Affairs Officer, or designee, to allow an advisor or interpreter to present or translate the proceedings.
             2. No sanctions shall become effective until after opportunities for appeal under the Code have been exhausted. Coursework performed while misconduct proceedings are underway, however, shall be considered conditional. Conditional work may be affected or eliminated based on a final finding of misconduct or sanction imposed. This may result in loss of course credit, a delay in the awarding of a credential, or revocation of a credential that was awarded prior to a final decision in the misconduct proceedings. If either academic or personal misconduct is discovered that may impact credential conferral or graduation, the Campus Student Affairs Officer or designee or the Campus Academic Affairs Officer or designee may notify the student’s school dean, who may withhold posting of the credential pending completion of misconduct proceedings.

             B. Procedures for Addressing Academic Misconduct/Academic Integrity Issues

             The academic misconduct procedures address two key issues: (1) whether misconduct has occurred, and if so, (2) what sanctions are appropriate.

             As set out more fully below, various people and offices play specific roles in resolving these two issues. Whether misconduct has occurred in a particular course, and if so, whether a particular academic sanction (failing grade, repeating an assignment, etc.) is an appropriate response to a finding of misconduct in the course. When alleged violation(s) of academic policy occurs in a distance education course, the student’s home campus will determine whether a violation of College policy occurred and will also determine the outcomes, including sanctions, as outlined in this Code.

             When an academic misconduct charge does not involve a particular course in which the student is enrolled, the Campus Academic Officer or designee substitutes for the faculty member in the following process. When a student commits an act of academic misconduct related to a course in which the student is enrolled and also commits a separate but simultaneous act of academic misconduct unrelated to that course and/or act of personal misconduct, the faculty member involved with the Campus Student Affairs Office or designee may handle the matters jointly or separately.

             The procedures for handling students who are suspected of violations of academic integrity are as follows:

             Step One: Management of Academic Misconduct by Faculty

             1. Discovery: Faculty member witnesses or receives a report of alleged academic misconduct.
                
             2. Initial Reporting: Faculty member submits incident report regarding discovery of possible academic misconduct within 48 hours of the occurrence.
                
             3. Investigation: Faculty member collects information relevant to the alleged misconduct.
                
             4. Consultation: Faculty member meets with student and discusses alleged violation of student code.
                1. Academic misconduct proceedings are initiated by the faculty member by providing the student who is the subject of the matter a notice. This notice can be written or verbal. The notice requires the student to meet with the faculty member for an academic conduct meeting (face-to-face, online or by phone) on a specified date and time within the next seven (7) calendar days to discuss the alleged violation
                2. An incomplete may be given in the course in the event that the matter cannot be resolved before final grades are due to the Office of the Registrar.
                3. Failure to meet with the course faculty member within the requested time frame may be considered a violation of College policy regarding compliance with the directions of a College official. Additionally, the faculty member shares the following information regarding the allegation:
                   1. The section(s) of the Code of Student Rights and Responsibilities claimed to have been violated
                   2. Specific information about the behaviors that allegedly caused the violation(s) including date(s) of the incident(s) and other relevant information.
                   3. The judicial process and resources for assistance in preparing for the proceedings.
                      
                   1. The student may choose to accept responsibility for violating the College’s policies regarding academic misconduct or deny responsibility.
                   2. Should the student deny responsibility for the alleged violation, the faculty will determine, based upon the preponderance of evidence standard, whether the accused student violated College policy.
                   3. In the event it is determined that a violation of College policy does not exist, the matter is formally closed.
                   1. If a determination of responsibility is accepted by the student or made by the faculty, the faculty member will determine appropriate academic sanction(s) for the violation(s)
                   2. Possible sanctions include, but are not limited to: verbal reprimand; written reprimand; resubmission of assignment; alternative assignment; reduction of grade on exam, quiz, assignment, project or other assessment; or failure for the exam, quiz, project or other assessment.

                   Step Two: Reporting of Academic Misconduct

                   1. Within seven (7) calendar days of determination of responsibility/sanctions (Step One, Part 5 & 6), the faculty member must submit an Academic Incident Report regarding the matter.
                      
                   2. The report must include the following components:
                      1. A narrative report of all pertinent information related to discovery, investigation, and consultation from Step One of the Conduct Procedure including dates and times of the incident and conduct meeting.
                         
                      2. The findings of the faculty member regarding the determination of responsibility (responsible or not responsible) for each of the alleged violations.
                      3. All terms of the academic sanctions imposed, if any, by the faculty member.

                      Step Three: Issuance of Outcome Letter

                      1. In the event it is determined that a violation of College policy did not exist, the matter is formally closed and a notice of findings and case closure is issued by the Campus Academic Officer or designee.
                         
                      2. In the event it is determined that a violation of College policy occurred, the Campus Academic Officer or designee reviews conduct record and applies additional sanctions as warranted.
                         
                      3. The notice of findings of responsibility is sent to the student and includes:
                         1. A faculty member’s finding(s) of misconduct.
                         2. The terms of the academic sanction(s) being imposed, if any.
                         3. A statement that the student may submit an appeal in writing to the Campus Academic Officer or designee within seven (7) calendar days after issuance of the faculty member’s written report.

                         Step Four: Appealing the Findings of Misconduct and/or the Academic Sanction

                         1. Within seven (7) calendar days of issuance of the Campus Academic Officer or designee letter concerning misconduct, the student may appeal the findings of misconduct, the particular sanction(s) imposed, or both.
                            
                         2. The appeal must be submitted in writing to the Campus Academic officer or designee. The Campus Academic Officer or designee notifies the faculty member, the dean of the unit/school in which misconduct occurred, and the dean of the unit/school in which the student is enrolled (if different).
                            
                         3. If an appeal is filed, the Campus Academic Officer or designee may talk with the student and faculty member (either separately or together), at the discretion of Campus Academic Officer of designee. If the matter is not resolved through mediation between the student and Campus Academic Affairs Officer or designee within twenty-one (21) days of filing the appeal, an Academic Appeals Board composed of two (2) faculty members, two (2) staff, and two (2) students is appointed and convened at the discretion of the Campus Academic Officer of designee.
                            
                         4. All judicial proceedings for both academic and personal misconduct shall incorporate the following procedural requirements:
                            1. The presiding officer of the Appeals Board shall maintain order and make all rulings necessary for the fair, orderly, and expeditious conduct of the hearing.
                               
                            2. Members of an Appeals Board shall be free from conflicts of interest that reasonably would appear to impair their ability to evaluate a misconduct matter in a fair and impartial manner.
                               
                            3. Normally, all parties must be present in person. The Appeals Board may allow for presence in formal hearings by electronic means, when warranted by special circumstances.
                               
                            4. Both sides shall have the opportunity to make opening and closing remarks regarding the charge of misconduct.
                               
                            5. Both sides may present witnesses and submit other information regarding the charge of misconduct, subject to the presiding officer’s determination of relevance. At all times, the Appeals Board may question witnesses and ask for the submission of additional information.
                               
                            6. A student’s failure or refusal to speak on his/her own behalf at a hearing shall not be considered an admission of responsibility for the alleged act.
                               
                            7. In personal misconduct proceedings, the College bears the burden of proving, with preponderance of the evidence that the student engaged in misconduct. In appeal proceedings, the burden of proof lies with the student.
                               
                            8. The hearing body’s decision shall be based solely on information obtained prior to and during the hearing, except that, if the Appeals Board asks for additional information to be provided after the hearing, the Appeals Board may include that information in its decision making, as long as both sides have had a chance to review and respond to the additional information either in a resumption of the hearing or in writing.
                               
                            9. Appeal proceedings will be audio recorded.
                               
                            10. Deliberations will be private and not audio recorded. An alleged offender, complainant or victim are not entitled to be present while the individuals who are responsible for determining the merits of the complaint are deliberating.
                                
                            11. Recommendations of an Appeals Board shall be made by majority vote.

                            1. If the student appealed the finding that academic misconduct occurred, the board determines whether preponderance of the evidence supports the finding of misconduct.
                               1. If the board concludes that the evidence does not support the finding of misconduct, the matter is formally closed with the charges dismissed.
                               2. If the board concludes that the evidence does support a finding of academic misconduct, and the student has appealed the sanction(s) issued, the board reviews the appropriateness of the sanction(s) issued. The board may choose to uphold or reduce the sanction(s).

                               Step Five: Limited Appeals Procedural Review

                               1. If the student believes that a procedural error occurred at the Academic Appeals Board hearing that was serious enough to prevent the Board’s full and fair consideration of the misconduct finding or academic sanction, then he/she may file a written appeal with the Vice President for Academic Affairs or designee. The student has seven (7) calendar days from the date he/she receives the findings of the Academic Appeals Board to file the appeal. No in-person meeting must be held but the Vice President for Academic Affairs or designee may communicate with individuals helpful to determining a decision.
                                  
                               2. The Vice President for Academic Affairs or designee reviews the record. If the record indicates that a serious procedural error occurred earlier in the proceedings that prevented the Board’s full and fair consideration of a misconduct finding or academic sanction, the Vice President for Academic Affairs or designee may appoint an advisor to assist the Academic Appeals Board in re-hearing the appeal.
                                  
                               3. If the Vice President for Academic Affairs or designee concludes that no serious procedural error occurred within the appeals proceedings that prevented the Board’s full and fair consideration of the misconduct finding and/or academic sanction, the Vice president for Academic Affairs or designee denies the request for review. The finding of misconduct and academic sanction(s) imposed stand as issued. The Vice President for Academic Affairs or designee reports this outcome to the Campus Academic Officer or designee.

                               
                               C. Procedures for Addressing Personal Misconduct

                               Disciplinary proceedings for acts of personal misconduct are governed by the following procedures.

                               Disciplinary Proceedings for an act of personal misconduct that is committed simultaneously with an act of academic misconduct are governed by the following procedures unless the Campus Student Affairs Officer or designee, and the faculty member involved agree otherwise.

                               Disciplinary reviews are initiated when a report of misconduct is received by the Campus Student Affairs Officer or designee. Any person may make a report that a student has committed an act of personal misconduct. The report must be submitted via the Incident Report Form available in MyIvy, by contacting Security, or through the Campus Student Affairs Officer or designee for additional support. Reports of harassment and discrimination based on protected class, including sexual misconduct will be addressed following the guidelines set forth in the Student Equal Opportunity, Harassment, and Nondiscrimination Policy (ASOM 9.2).

                               The Campus Student Affairs Officer or designee may designate representatives to conduct fact-finding investigations, to serve as conduct hearing officers, and to recommend disciplinary action. After reviewing a report, the Campus Student Affairs Officer or designee has the discretion to decide whether disciplinary proceedings should be instituted.
                               

                               Step One: Preliminary Investigation and Fact Finding

                               The Campus Student Affairs Officer or designee shall review the incident report and conduct fact finding to determine if information in the incident report is valid and what, if any, violations of the Code may have occurred. This may include, but is not limited to conducting interviews and meetings with those involved or who may have pertinent information.

                               Step Two: Judicial Conference for Personal Misconduct

                               1. Disciplinary proceedings are initiated by the Campus Student Affairs Officer or designee by providing the alleged a written notice. The written notice requires the student to meet with the Campus Student Affairs Officer or designee in a judicial conference to discuss the alleged violation(s). The notice includes information about:
                                  
                                  1. The section(s) of the Code of Student Rights and Responsibilities reported to have been violated.
                                     
                                  2. Specific information about the behaviors that allegedly caused the violation(s) including date(s) of the incident(s) and other relevant information.
                                     
                                  3. Access to the Code of Student Rights and Responsibilities which outlines the judicial process and students’ rights and responsibilities.
                                     

                                  During the meeting, the alleged may choose to accept or deny responsibility for violating the College’s policies regarding personal misconduct. In the event the student accepts responsibility for the alleged violation, the student waives the right to appeal the finding of responsibility. Should the student deny responsibility for the alleged violation, the Campus Student Affairs Officer or designee will determine, based upon preponderance of the evidence, whether the accused student violated College policy.

                                  Should a student fail to attend the judicial conference in the timeframe specified, a judicial conference shall be conducted in absentia (in their absence).

                                  1. In the event it is determined that a violation of College policy did not exist, the matter is formally closed. However, if the student accepts responsibility or the Campus Student Affairs Officer or designee determines that a violation occurred, then appropriate sanction(s) is/are issued.
                                     
                                  2. The Campus Student Affairs Officer or designee is authorized to impose any one or a combination of the following sanctions after finding a student responsible for acts of personal misconduct.
                                     
                                     1. Reprimand and Warning. A student may be given a reprimand accompanied by a written warning that the student may receive additional sanctions if the student engages in the same misconduct again or commits any other violation of this Code.
                                        
                                     2. Reflective Activity. A student may be required to complete a reflective activity, such as writing a letter of apology or other written activity, which demonstrates the student’s learning and increased understanding of the College’s expectations regarding behavior.
                                        
                                     3. Administrative Withdrawal. A student may be administratively withdrawn from any or all courses during the semester in which the violation of College policy occurred.
                                        
                                     4. Disciplinary Probation. A student may be placed on disciplinary probation for a specified period of time under conditions specified in writing with a warning that any violation of the conditions or any further acts of misconduct may result in additional disciplinary sanctions, including suspension or expulsion from the College. As a condition of probation, the student may be required to participate in a specific program, such as a counseling program or an alcohol education program, or to provide a specific service, such as the repair or restoration of any property damaged or taken by the student.
                                        
                                     5. Restitution. A student may be required to pay the cost for the replacement or repair of any property damaged by the student. If the student fails to pay the cost or make the repairs, the student may be subjected to additional sanctions, including suspension or expulsion. A record of any restitution that a student is required to pay will remain a part of a student’s disciplinary record until he/she graduates.
                                        
                                     6. Participation in a specific program. A student may be required to participate in a specific program, such as a counseling program, a program designed to stimulate good citizenship within the College community, an alcohol education program, anger management or any other activity which would foster civic engagement. If the student fails to participate in the program as directed, the student may be subjected to additional sanctions, including suspension or expulsion. The student must provide the College with verification of program completion and evidence of personal well-being. Verification of program completion must be from a certified agency or appropriately certified health care provider or mental health counselor.
                                        
                                     7. Provision of a specific service. A student may be required to provide a specific service, such as the repair or restoration of any property damaged or taken by the student. If the student fails to provide the service as directed, the student may be subjected to additional sanctions, including suspension or expulsion. Completion of a specific service that a student is required to complete will remain a part of a student’s disciplinary record until he/she graduates.
                                        
                                     8. Suspension. A student may be prohibited from participating in all aspects of College life for a specified period of time not to exceed five (5) years. When a student is suspended from the College, the suspension applies to all campuses of the College. As this is a system-wide sanction, the Campus Student Affairs Officer or designee is required to notify and seek approval from the College’s System Office Student Judicial representative prior to issuance of this sanction.
                                        
                                     9. Expulsion. A student may be dismissed from the College permanently. When a student is expelled from the College, the expulsion applies to all campuses of the College. As this is a system-wide sanction, the Campus Student Affairs Officer or designee is required to notify and seek approval from the College’s System Office Student Judicial representative prior to issuance of this sanction. The student may not petition for readmission to the College.

                                     Step Three: Appealing the Finding of Personal Misconduct

                                     1. The student may request an appeal of the finding within fourteen (14) calendar days of receiving the Campus Student Affairs Officer or designee’s notice concerning personal misconduct.
                                        
                                     2. The appeal must be submitted in writing to the Campus Student Affairs Officer or designee
                                        
                                     3. If an appeal is filed, the Campus Student Affairs or designee convenes an Appeals Board. The Appeals Board is composed of two (2) faculty members, two (2) staff, and two (2) students appointed by the Campus Student Affairs Officer or designee.
                                        
                                     4. All judicial proceedings for both academic and personal misconduct shall incorporate the following procedural requirements:
                                        
                                        1. The presiding officer of the Appeals Board shall maintain order and make all rulings necessary for the fair, orderly, and expeditious conduct of the hearing.
                                           
                                        2. Members of an Appeals Board shall be free from conflicts of interest that reasonably would appear to impair their ability to evaluate a misconduct matter in a fair and impartial manner.
                                           
                                        3. Each party may have an advisor present, but the advisor may not address the Board or others.
                                           
                                        4. Normally, all parties must be present in person. The Appeals Board may allow for presence in formal hearings by electronic means, when warranted by special circumstances.
                                           
                                        5. Both sides shall have the opportunity to make opening and closing remarks regarding the charge of misconduct.
                                           
                                        6. Both sides may present witnesses and submit other information regarding the charge of misconduct, subject to the presiding officer’s determination of relevance. At all times, the Appeals Board may question witnesses and ask for the submission of additional information. Following the questioning, if any, of the Board, the opposing side may address questions to the presiding officer to ask the other party or witness.
                                           
                                        7. A student’s failure or refusal to speak on his/her own behalf at a hearing shall not be considered an admission of responsibility for the alleged act.
                                           
                                        8. In personal misconduct proceedings, the College bears the burden of proving, with preponderance of the evidence that the student engaged in misconduct. In appeal proceedings, the burden of proof lies with the student.
                                           
                                        9. The hearing body’s decision shall be based solely on information obtained prior to and during the hearing, except that, if the Appeals Board asks for additional information to be provided after the hearing, the Appeals Board may include that information in its decision making, as long as both sides have had a chance to review and respond to the additional information either in a resumption of the hearing or in writing.
                                           
                                        10. Appeal proceedings will be audio recorded.
                                            
                                        11. Deliberations will be private and not audio recorded. An alleged offender, complainant or victim are not entitled to be present while the individuals who are responsible for determining the merits of the complaint are deliberating.
                                            
                                        12. Recommendations of an Appeals Board shall be made by majority vote.
                                            

                                        Step Four: Limited Procedural Appeal to the Vice President for Student Success or designee

                                        1. A student may not appeal the Appeal Boards factual conclusions as to whether misconduct occurred, or the propriety of the sanction imposed. If, however, the student believes that a procedural error occurred at the Appeal Board hearing that was serious enough to prevent the board’s full and fair consideration of a misconduct finding or sanction, then he/she may file a written request for review with the Office of the Vice President for Student Success. The student member has fourteen (14) calendar days from the date he/she receives the recommendation of the Appeal Board to file the request for review. No in-person meeting must be held but the Vice President for Student Success may communicate with individuals helpful to determining a decision.
                                           
                                        2. The Vice President for Student Success or designee reviews the record. If the record indicates that a serious procedural error occurred earlier in the proceedings that prevented the Appeals Board’s full and fair consideration of a misconduct finding or sanction, the Vice President for Student Success or designee will send the matter back to the Appeals Board for further proceedings to correct the error. The Vice President for Student Success or designee may appoint an advisor to assist the Appeals Board, in re-hearing the appeal.
                                        3. If the Vice President for Student Success or designee concludes that no serious procedural error occurred within the appeals proceedings that prevented the Appeal Board’s full and fair consideration of the misconduct finding or sanction, the Vice President for Student Success or designee denies the request for review. The finding of misconduct and sanction imposed then take effect.

                                        D. Persona Non Grata

                                        If an individual’s actions are deemed to be harmful, disruptive, threatening, or otherwise presents a risk to the safety or property of the College, a trespass warning may be issued by Public Safety and Emergency Preparedness (PSEP). The warning may be issued by a sworn police officer, a member of the security staff, or any other member of the public safety team. The process governing trespass warnings and removal of a subject from College property is governed by the PSEP Trespass Warning policy.

                                        
                                        E. Misconduct by Student Organizations

                                        1. A complaint that a student organization has committed an act of academic or personal misconduct may be filed against the student organization and/or against individual members of the organization. The complaint may be filed by any person.
                                           
                                        2. A complaint against a student organization and/or individual members of the organization must be submitted in writing to the Campus Student Affairs Officer or designee.
                                           
                                           1. If the complaint is against a student organization, the Campus Student Affairs Officer or designee has the authority to initiate disciplinary proceedings against the organization.
                                              
                                           2. Complaints against individuals are handled according to the “B. Procedures for Addressing Academic Misconduct/Academic Integrity Issues” and “C. Procedures for Personal Misconduct.”
                                              

                                           F. Incidents Involving Allegations of Sexual Misconduct by or Against Students

                                           The College, while mindful of its obligations under Title IX and other local, state and federal rules, regulations and laws to prevent, investigate and when appropriate sanction sexual misconduct, is also mindful of the rights of all students, especially those accused of wrongdoing, to due process. The College’s Student Equal Opportunity, Harassment, and Nondiscrimination Policy and Procedures (ASOM 9.2) outlines the investigative process and the appeal process available for complaints involving sexual misconduct. The Student Equal Opportunity, Harassment, and Nondiscrimination Policy and Procedures (ASOM) Policy 9.2 can be found here.

                                           A. Acknowledgement

                                           Contained within this code, including direct passages, is language from Indiana University’s Code of Student Rights and Responsibilities and is used with the expressed permission of the Indiana University Board of Trustees.

                                           
                                           B. Regional Accreditation Statement

                                           Ivy Tech Community College is accredited by The Higher Learning, hlcommission.org The Higher Learning Commission
                                           230 S. LaSalle Street, Suite 7-500
                                           Chicago, IL 60604
                                           (800) 621-7400 or (312) 263-0456
                                           Fax: (312) 263-7462

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