Procedure 4.04.01

Part 1. Purpose

This procedure establishes the due processes regarding alleged Student Code of Conduct violations, or other alleged misconduct that would go through this same set of processes. This procedure also describes the various potential disciplinary actions that might be taken regarding violations.

Disciplinary action against individual students or a group of students is administered in the context of a unified and coordinated set of college regulations and processes to ensure fair, equitable, and legal outcomes. These processes ensure due process for students accused of engaging in misconduct.

Part 2. Filing a Complaint or Report, and Initiation of Conduct Investigation

Complaints alleging harassment or discrimination based on a protected class, such as race, sex, color, creed, religion, age, gender, gender identity, gender expression, national origin, disability, marital status, status with regard to public assistance, or sexual orientation, will be investigated and processed under relevant college and system policies. Such policies include, but are not limited to:

• Minneapolis College Policy 2.01 Nondiscrimination,
• Minneapolis College Procedure 2.01.01 Investigating Complaints of Discrimination and Harassment, and
• Minnesota State Board Policy 1B.1 Equal Opportunity and Nondiscrimination in Employment and Education,
• Minnesota State Board Policy 1B.1.1 Investigation and Resolution,
• Minnesota State Board Policy 1B.3 Sexual Violence Policy,
• Minnesota State System Procedure 1B.3.1 Response to Sexual Violence and Title IX Sexual Harassment.

All other complaints alleging improper conduct by a student or student group will be investigated under the Student Conduct Investigation processes established in this procedure.

Subpart A. Filing of a Complaint

Any member of the college community may file a complaint against a student or student organization alleging a violation of the Student Code of Conduct or other college policy. A complaint should be submitted to the Student Conduct Officer or designee. Once a complaint is filed, the Student Conduct Officer reserves the right to investigate the complaint even if a complainant chooses not to pursue the matter. Persons filing a complaint can follow directions on the most appropriate method to do so by contacting the Office of Student Rights and Responsibilities or viewing reporting options on the Student Rights and Responsibilities page of the College’s website.

Subpart B. Misconduct Reported Through Other Means (Other Than a Complaint Being Filed)

In many situations, alleged conduct violations are reported to the Student Conduct Officer through Public Safety Incident Reports or other means. The Student Conduct Officer has the responsibility to ensure compliance with the Student Code of Conduct and therefore retains the authority to investigate all reports of alleged student misconduct regardless of how the report of alleged misconduct is received by the Student Conduct Officer. A list of reporting options for the campus community can be found on the Student Rights and Responsibilities page of the College’s website. or by contacting the Office of Student Rights and Responsibilities.

Subpart C. Cooperation with Investigation

All members of the college community are required to cooperate with an investigation and provide pertinent information to the Student Conduct Officer upon request, and if necessary, appear at a hearing.

Part 3. Investigation of Alleged Misconduct and Determination of Misconduct Violation

Following the filing of a complaint or receipt of a report of alleged misconduct, the Student Conduct Officer or designee will review and determine:

• If an investigation is warranted,
• If the report should be referred to a different college or Minnesota State system process, or
• If there is no basis to proceed.

The Student Complaint and Conduct Officer may share updates with the reporting party and those involved as pertinent.

Subpart A. Informal Meeting

If the Student Conduct Officer or designee feels that there is sufficient evidence to support the complaint, the Student Conduct Officer or designee shall offer the accused student an opportunity to resolve the violation at an informal meeting. The student or students will be notified of their right to the informal meeting by e-mail sent to their college-assigned e-mail account. In some cases, students may also be notified in person, in writing, virtually, or by phone.

Prior to or at the beginning of the informal meeting, the student(s) must be provided with the following information:

• Oral or written notice of the complaint.
• A copy of the Student Code of Conduct.
• Oral or written notice summarizing the evidence in the complaint and specifying the policy or part(s) of the Student Code of Conduct they are accused of violating.
• A Tennessen Notice (see definition in Policy 4.04).

During the informal meeting, the Student Conduct Officer or designee shall review the complaint and evidence and allow the student to present additional information and a defense against the complaint. The accused student may have a support person present. However, the support person may not participate in any questioning or advocate on behalf of the student.

Within a reasonable time period following the meeting, the Student Conduct Officer shall inform the accused student in writing (sent to the student’s college-assigned email account) of their decision whether a violation of the Student Code of Conduct was established by a preponderance of evidence, any applicable sanction(s), and options available for an appeal.

If the student fails to appear for the informal meeting, the Student Conduct Officer or designee may impose an appropriate sanction against the student. The Student Conduct Officer or designee shall send written notice to the student of any sanction imposed, including any applicable right to appeal. The student or students will be notified by e-mail sent to their college-assigned e-mail account.

Part 4. Appeal Requirements

Students found to be responsible for a conduct violation will be provided an avenue of appeal within the College. In addition, in cases involving suspension for ten (10) days or longer or expulsion, the student will be informed of their right to a contested case hearing under Minnesota Statute 14. (See Part 6 below for details.)

Subpart A. Acceptable Grounds for Appealing a Code of Conduct Violation Decision

At least one of the following reasons must be used as grounds for an appeal:

• New evidence not reasonably available at the time of the hearing,
• Violation of hearing procedures
• Violation of student's due process rights
• Inconsistency of sanction relative to violation,
• Decisions contrary to the weight of the evidence.

Part 5. Appeal Process for Students with Sanctions Other Than Long-Term Suspension or Expulsion

A student who has received a sanction other than a long-term suspension (ten (10) days or longer) or expulsion has a right to an appeal meeting with the Dean of Students or designee. A request for an appeal meeting must be made in writing to the Dean of Students or designee identified in the outcome letter and received within ten (10) business days of the e-mail notice of sanctioning. Failure to request an appeal meeting in writing within the ten (10) business day period presumes acceptance of the sanction.

For an appeal of a sanction other than a long-term suspension (ten (10) days or longer) or expulsion, the Dean of Students or designee will offer a meeting to the student, review the documentation and information informing the original decision as well as any new documentation or information provided that the appeal was founded upon. Based on this, the Dean of Students or designee will decide to uphold the sanction, exonerate the student, or impose a different sanction that does not exceed that of the original sanction. The decision made by the Dean of Students or designee is final.  

The student will be notified of the decision through written notice to the student’s college email account. A written notice of findings and conclusions shall be provided to the student within a reasonable time after the hearing. The student shall be considered notified of the outcome:

1. When the notice is hand-delivered to the student or
2. Two days (excluding Sundays and legal holidays) after the notice is e-mailed to the student’s college-assigned e-mail account.

Part 6. Appeal Processes for Students with Sanctions of a Long-Term Suspension or Expulsion

A student who received a sanction of a long-term suspension (ten (10) days or longer) or expulsion may accept the sanction or may request a formal hearing. A request for a formal hearing must be made in writing to the Vice President of Student Affairs or designee identified in the notice of sanction and received within ten (10) business days of the e-mail notice of sanctioning. Failure to request a formal hearing in writing within the ten (10) business day period presumes acceptance of the sanction.

Subpart A. Formal Hearing

After receiving a request for a formal hearing within the proscribed time period, the College will notify the student in writing of the time, place, and date of the hearing. The notice to the student shall also include:

• A summary of the witnesses and documentary evidence that may be presented in support of an allegation of student misconduct.
• A statement that the student's failure to appear will not prevent the hearing from proceeding as scheduled and may lead to the imposition of sanctions in the student's absence.
• Notice that the student may have a support person present, an interpreter if needed,
• Notice if there is a likelihood that the student will face criminal prosecution related to the charge,
• Notice that the student may wish to retain an attorney, and
• Notice that the student may provide witnesses and documentary evidence at the formal hearing and that they must present a summary of these witnesses and documentary evidence by a proscribed date before the formal hearing.

The student may elect to have the formal hearing before the Vice President of Student Affairs or designee or before a College Conduct Committee made up of members of the college community.

The formal hearing will be conducted in the following manner:

• The Student Conduct Officer or designee who imposed the sanction(s) shall first present the complaint and supporting evidence. Then, the accused student shall present evidence or testimony to refute the complaint and challenge evidence presented supporting the complaint.
• Only those materials and matters presented at the hearing shall be considered as evidence.
• The hearing shall be held in closed session unless the Vice President of Student Affairs or designee/Conduct Committee Chair determines there is a compelling reason and neither the accused student nor the complainant presents an objection.
• The accused student may have a support person present. However, the support person may not participate in any questioning or advocate on behalf of the student.

If the student elects to have the formal hearing before a Conduct Committee, upon conclusion of the Conduct Committee hearing, the Committee in closed session shall consider the evidence and make a recommendation to the Vice President of Student Affairs or designee. The Vice President of Student Affairs or designee will then consider the recommendation and evidence that is forwarded by the Conduct Committee and decide to uphold the sanction, exonerate the student, or impose a different sanction that does not exceed that of the original sanction.

If the student elects to have the formal hearing before the Vice President of Student Affairs or designee, upon conclusion of the hearing, the Vice President of Student Affairs or designee shall consider the evidence and decide to uphold the sanction, exonerate the student, or impose a different sanction that does not exceed that of the original sanction.

A written notice of findings and conclusions shall be provided to the student within a reasonable time after the hearing. The student shall be considered notified of the outcome:

1. When the notice is hand-delivered to the student or
2. Two days (excluding Sundays and legal holidays) after the notice is e-mailed to the student’s college-assigned e-mail account. If the Vice President of Student Affairs or designee affirms a long-term suspension or expulsion, the notice shall inform the student of his/her right to a contested case hearing under Minnesota law.

Subpart B. Contested Case Hearings

If a long-term suspension (those of ten (10) days or more) or an expulsion is upheld through the formal hearing process, the student has a right to a contested case hearing before an administrative law judge pursuant to State of Minnesota Statutes Chapter 14. A student seeking a hearing before an administrative law judge must inform the Vice President of Student Affairs or designee within ten (10) business days of the e-mail notice of the receipt of the outcome of the formal hearing decision. The College will request a contested case hearing from the Office of Administrative Hearings. The student will be notified of the time, place, and date of the hearing.

The contested case hearing will be conducted pursuant to Contested Case Procedures adopted by the Office of Administrative Hearings. An administrative law judge will be appointed by the Chief Administrative Law Judge pursuant to State of Minnesota Statutes Section 14.50.

Following the contested case hearing, the administrative law judge shall make a report, which contains a recommendation, to the College President.

Within a reasonable time period, following receipt of the administrative law judge's recommendation, the College President shall make a decision. The President's decision shall be final.

Part 7. Sanctions

Disciplinary sanctions are implemented by written notification after an informal meeting or formal hearing with administrative staff arranged by the Office of the Vice President for Student Affairs or designee.

More than one of the sanctions listed below may be imposed for any single violation. The following sanctions are listed to provide students with examples of possible penalties for conduct code violations.

The College reserves the right to impose other sanctions than those listed here as circumstances warrant.

Warning: issuance of an oral or written warning or reprimand that may become part of a student's permanent conduct file.

Restitution: payment or service required to the College or other persons, groups, or organizations for damages incurred.

Probation: continued enrollment at the College but under specific written conditions. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulations(s) during the probationary period.

Discretionary Sanction: service to the College or other related discretionary assignments.

Loss of a College Privilege: an order directing a student not to have contact with an area or member(s) of the college community.

Suspension: denial of the privilege of enrollment for a specific period of time after which the student is eligible to return. Conditions for re-admission may be specified.

Long-term Suspension: a suspension that remains in effect for ten (10) days or longer. Long-term Suspensions are recorded on the academic transcript.

Summary Suspension: a suspension imposed without an investigation, informal meeting, or formal hearing to ensure the safety and well-being of members of the college community.

Expulsion: termination of student status. Expulsions are recorded on the academic transcript.

Subpart A. Summary Suspension

In some cases, a complaint may allege threats of harm or serious harm to individuals. If, in the judgment of the Student Conduct Officer or designee, the accused student's presence on campus would constitute a serious threat to the safety and well-being of others, the Student Conduct Officer or designee may impose a summary suspension. To the greatest extent possible before implementing the summary suspension, the accused student shall be given oral or written notice of the intent to impose summary suspension and shall be given an opportunity to present oral or written arguments against the summary suspension. Refusal of a student to accept or acknowledge this notice shall not prevent the implementation of a summary suspension.

Detailed notice of a summary suspension shall be provided to the accused student in writing. During the summary suspension, the student may not enter the campus without obtaining prior authorization from the Student Conduct Officer or designee. A student who has been summarily suspended will be given the opportunity for an informal meeting or formal hearing within the shortest reasonable time period, not to exceed nine (9) school or business days.

None of the provisions in this policy affect the rights of persons in authority to take immediate and temporary action necessary to protect others and to uphold established policies, regulations, and laws.

Part 8. Implementation of Sanctions

A sanction shall not become effective during the time in which a student seeks an appeal meeting or formal hearing, unless, at the discretion of the Student Conduct Officer or designee, it is necessary to implement an immediate sanction for the safety and welfare of the college community.

Owner(s) Title: Vice President of Student Affairs

Date of Adoption: 6/16/2011

Date of Implementation (if different from adoption date): N/A

Date Last Reviewed: 5/3/2023 (Expedited Review to address use of artificial intelligence in academic work)

History and Subject of Revisions: 5/28/2024 (Comprehensive Review, major revisions and restructuring with content between this procedure and its policy. This included moving the actual code of conduct standards into the policy instead of the procedure, updating verbiage, added more details and clarified steps in the report and investigation process as well as to the appeal levels.), 5/3/2023 (Expedited Review to address use of artificial intelligence in academic work), 6/10/2013

Regulatory Authority (e.g. Minnesota State policy, federal or state law): State of Minnesota Statutes Chapter 14; Minnesota State Board Policy 1B.1 Equal Opportunity and Nondiscrimination in Employment and Education; Minnesota State Board Policy 1B.1.1 Investigation and Resolution; Minnesota State Board Policy 1B.3 Sexual Violence Policy;  Minnesota State System Procedure 1B.3.1 Response to Sexual Violence and Title IX Sexual Harassment.