71 Student Disciplinary Regulations and Appeal

Policy Statement (Board Approval Date:  03/22/11: Updated 07/30/14; 12/11/17; 08/30/18)

Students enrolled at MSC are expected to follow policies and procedures as outlined in the MSC Student Handbook.  The MSC Student Handbook can be found on the MSC Web site at www.mscok.edu.

Disciplinary Regulations: The following constitutes the disciplinary regulations of MSC and the administrative procedure pertinent to the regulations and policies.

Introduction: Murray State College has regulations reflecting the values to which the College is committed and which are designed to help ensure order in the College community.  Students enrolled at MSC are expected to conform to the ordinary rules of polite society, to be truthful, to respect the rights of others, and to have regard for the preservation of state property, as well as the private property of others.  This judicial system has been established to deal with students who are accused of violating College policies and is comprised of students and College employees.  Members of this system are committed to conducting fair hearings and following due process, as well as being concerned with both the education and personal development of individual students, and upholding the values to which MSC is committed.

A student disciplinary case is not considered a case for criminal law, nor is a disciplinary hearing considered to be a courtroom procedure.  The procedures used at MSC concerning disciplinary action are directed toward assurance of a fair judgment for the student through complete case information, opportunity to be heard, opportunity for friendly counsel, and such safeguards of rights as may be easily understood by educators, laymen, and students who have mutual confidence in one another.

If at any time the College views a student with a disability as a potential threat to others, and the risk of harm to others is not imminent (i.e., not a situation the College deems to be an emergency), the college will make an individualized assessment of the threat the student poses to others and whether their misconduct is related to a disability before taking disciplinary action against the student.  The Vice President for Academic and Student Affairs, A.D.A. Compliance Officer (if A.D.A. is on file), Director of Resident Life; Campus Police Chief, and General Counsel (as needed) will assess any student conduct situation where the student has a documented disability.  Under Section 54 and Title II, a person is not a qualified individual with a disability if the person poses a threat to the health or safety of others and cannot be eliminated by modification of policies, practices, or procedures, or by the provision of auxiliary aids or services.

A determination will be made by the College if/when a student/student with a disability poses a threat to the health and safety of themselves or others.  This determination will be based on an individualized and objective assessment of the student and on reasonable judgment that relies on current medical knowledge if available or the best available objective evidence.

The College will consider whether a student/student with a disability poses a threat to the health or safety of themselves or others will include:  the duration, nature, and severity of the risk of harm; the probability that the potential injury will actually occur; and whether reasonable modification of the College’s policies, practices, or procedures, or the provision of auxiliary aid and services, will mitigate risk.

The purpose of Threat Assessment is to determine and implement interventions in a timely manner.  Once the initial assessment has taken place, the team must decide the appropriate next steps.  Interventions may need to be staged (e.g., immediately bringing the student in question under adult supervision versus recommending mental health counseling).  Considerations should include whether or not the student can stay in school, what alternatives may be needed, when and how to notify others, when and if to contact law enforcement, and what mental health, social service, and school-based interventions are needed to reduce/eliminate the student’s risk of becoming violent or impaired.

The goal of threat assessment is not only to keep the campus safe, but also to help potential offenders overcome the underlying sources of their anger, hopelessness, etc.  Effective threat assessment provides the team useful information about a student’s risks and personal resources.  The assessment process should incorporate referral to appropriate mental health and social services, as well as a system for following up on the effectiveness of interventions.  Among the other potential risks that can be identified and prevented are suicide, alcohol and drug use, physical abuse, dropping out/withdrawing, and criminal activity.

The Campus Behavior Assessment Team (CBAT) is tasked with investigating and evaluating campus threats, and other behaviors of concern, in order to apply appropriate strategies to manage such situations.  The team is composed of MSC employees representing campus areas that include campus police, administration, student conduct, faculty and staff.  The focus of the CBAT is to care to care for students who may be in distress.  Team members coordinate resources and implement a multidisciplinary response with the goal of providing assistance to the individual while mitigating risk in an effort to keep the MSC community healthy and safe.

MURRAY STATE COLLEGE

Threat Assessment Model

The Vice President for Academic and Student Affairs as the Chair of the Threat Committee will utilize the Murray State College Threat Assessment Model to conduct an assessment of any possible threat regarding any student on the Murray State College campus.

1. Personality Traits/Behavioral Characteristics of the subject

Personality Traits

1. Tolerance for frustration
2. Coping skills
3. Focus on perceived injustices
4. Signs of depression/other mental illness
5. Self-perceptions (narcissism/insecurity)
6. Need for attention
7. Focus of blame (internalizes/externalizes)

Behavioral Characteristics

1. Capacity to cope with stress and conflicts
2. Ways of dealing with anger, humiliation or sadness, disappointments
3. Level of resiliency related to failure, criticism or other negative experiences
4. Response to rules and authority
5. Need for control
6. Capacity for emotional empathy or respect for others
7. Sense of self-importance compared to others (superiority/inferiority)

School Dynamics

1. Student’s attachment to school
2. Tolerance for disrespectful behavior
3. Approach to discipline (equitable/arbitrary)
4. Flexibility/inclusiveness of culture
5. Pecking order among students
6. Cole of silence
7. Supervision of computer access
8. Peer group relationships and culture
9. Use of drugs and alcohol
10. Media, entertainment, technology
11. Level and focus of outside interests
12. Potential copycat effect of past incidents

Family Dynamics

1. Parent-child relationship
2. Attitudes toward pathological behavior
3. Access to weapons
4. Sense of connectedness/intimacy
5. Attitude toward/enforcement of parental authority
6. Monitoring of TV/video games, or internet

Types of Threats

• Direct threat identifies a specific act against a specific target delivered in a straightforward, clear, and explicit manner.
• Indirect threat tends to be vague, unclear and ambiguous. Violence is implied, but threat is phrased tentatively, and suggests that a violent act could occur, not that it will occur.
• Veiled threat is one that strongly implies but does not explicitly threat violence.
• Conditional threat is often seen in extortion cases. It warns that a violent act will happen unless certain demands or terms are met.

Levels of Risk

• Low Level of Threat
• o Poses a minimal risk to the victim and public safety
• o Is vague and indirect
• o Information is inconsistent, implausible or lacks detail
• o Lacks realism
• o Content suggests person is unlikely to carry out a threat

• Medium Level of Threat
• o Could be carried out. although it may not appear entirely realistic
• o More direct and more concrete than a low level threat
• o Wording suggests the individual has given some thought to how the act will be carried out
• o Includes a general indication of place and time but signs still fall well short of a detailed plan
• o No strong indication that the individual has taken preparatory steps
• o Statements seek to convey that the threat is not empty: “I’m serious?” or “I really mean this?”

• High Level of Threat
• o Direct, specific, and plausible
• o Appears to pose imminent and serious danger to safety of others
• o Suggests concrete steps have been taken, i.e., stalking or acquisition of weapon
• o Almost always requires bringing in law enforcement

1. Scope of Regulations:
2. All students who are enrolled in the College are subject to the rules and regulations of the institution.
3. The Director of Resident Life is responsible for initial investigations concerning any allegations of violations of College disciplinary regulations by any student or group of students.  Based upon the findings of the investigation, the Director may impose a combination of the penalties cited in these disciplinary regulations.
4. The Student Conduct/Appeals Committee is appointed by the chief student affairs officer, when deemed necessary, to consider the case of students involved in a violation of College regulations. A general conduct disciplinary decision involving suspension or expulsion made by the Director of Resident Life in conjunction with the Campus Behavior Assessment Team (CBAT) which involving representation from student conduct, faculty and staff.  A general conduct disciplinary decision involving suspension or expulsion may be appealed by the student to the Student Conduct Appeals Committee.  The request and reason for the appeal must be made in writing (no official form) to the Chair of the Student Conduct/Appeals Committee.

Sanctions for Students:  The following sanctions may be imposed by any of the following: Director of Resident Life, chief student affairs officer, the Student Conduct/Appeals Committee, or by the President. The severity of the imposed sanctions will be appropriate to the violation; possible sanctions include probation, suspension, expulsion, loss of institutional aid, and/or restriction of student’s activities or privileges.  Students will be charged for all damages or misappropriation of property, which occurs in the violation of a rule or regulation.  Restitution may be monetary compensation, replacement, or repair.  Community service hours will be performed in an area of the College or a community agency for a specified number of hours. Professional counseling, referral to a rehabilitation program, and/or specific restrictions may be used in conjunction with various sanctions.

4. The regulations for the administrative procedure of hearing and the statements regarding provision for counsel for due process and for appeals are on file in the Office of Student Affairs, AD 104 and are available to anyone who wishes to read them.
5. When the College’s Rules and Regulations Govern: All students enrolled in the College, their guests, and other visitors are subject to the rules and regulations of the institution while on College premises or engaged in a sponsored activity. Conduct off campus should positively reflect the reputation of the individual or the College.

Procedure

1. Handling of Complaints of Violations of Disciplinary Rules and Regulations:
2. Any student or College employee may file a report of a College policy violation. The report form is available from residence hall staff, Campus Police, and the Student Affairs Office and is also available on the MSC Commons/MSC Forms.  The report asks for the name of the accused student, the specific details of the violation, and the signature of the person filing the report
3. Allegations of violations must be referred to the Director of Resident Life
4. Upon receipt of the allegations, the Director will investigate the alleged violations, i.e. gather additional information and witnesses, if necessary, and determine whether or not there is sufficient evidence and information to charge a student with the alleged violation.
5. After the initial investigation, the Director may:
6. Take no action.
7. Take administrative action to counsel, advise, or admonish the student.
8. Take disciplinary action against the offending student ranging from reprimand to recommending suspension or expulsion.
9. Employees will forward a recommendation for disciplinary action concerning student attending MSC in Ardmore to the Director.
10. Where suspension or expulsion is recommended and when applicable, eviction from College housing is not automatic. However, should the circumstances warrant, in the estimation of the Director of Resident Life and the President, or his/her designee, a student may be immediately suspended from the College campus pending the College’s due process procedures.  Such action must be authorized by the President (or in the event of his/her absence the President’s designee). Such extreme measures are implemented when, in the opinion of the above mentioned College officials, the student is considered to be dangerous, hazardous, a menace to others and/or himself/herself, or interferes with the educational process or orderly operation of the College. Criminal charges against a student on or off campus may result in suspension when in the judgment of College officials, the individual poses a threat to the safety of himself/herself or the safety or functioning of the campus community.
11. In cases where direct action involving suspension or expulsion is taken by the Director of Resident and the President, the student will be informed of his/her right to appeal and to have a hearing before the Student Conduct Appeals Committee. This does not preclude the right of the Director of Resident Life to suspend a student temporarily until a hearing is arranged, providing such opportunity for a hearing is within a reasonable time (usually five working days). College Sanctions for Students: The following sanctions may be imposed by any of the following: Director of Resident Life, chief student affairs officer, the Student Conduct/Appeals Committee, or by the President. The severity of the imposed sanctions will be appropriate to the violation; possible sanctions include probation, suspension, expulsion, loss of institutional aid, and/or restriction of student’s activities or privileges.  Students will be charged for all damages or misappropriation of property, which occurs in the violation of a rule or regulation.  Restitution may be monetary compensation, replacement, or repair.  Community service hours will be performed in an area of the College or a community agency for a specified number of hours. Professional counseling, referral to a rehabilitation program, and/or specific restrictions may be used in conjunction with various sanctions.
12. Informal disposition may be made of any case by stipulation or agreement between College authorities and the student or by consent or default on the part of either party, and in such instances a hearing is not necessary.
13. In cases where the Director of Resident Life takes action against a student, the decision of the Director will be furnished to the student, or students, in violation of College rules in writing within seven working days after the decision.
14. Students against whom the Director of Resident Life has taken disciplinary action may appeal the decision of the Director to the Student Conduct Appeals Committee. In cases involving a reprimand, restitution, or probation, the Committee on Student Conduct may request a hearing if they feel a hearing is warranted. In cases involving suspension or expulsion, either the student or the committee may request a hearing.
15. Student Conduct/Appeals Committee: The Student Conduct/Appeals Committee must consist of four College employees, appointed by the chief student affairs officer, whose primary duties do not involve the administration of student conduct and affairs, and three student members nominated by the Student Government Association and appointed by the chief student affairs officer.  The Vice President for Academic and Student Affairs will designate the committee Chair. College Sanctions for Students:  The following sanctions may be imposed by any of the following: Director of Resident Life, chief student affairs officer, the Student Conduct/Appeals Committee, or by the President. The severity of the imposed sanctions will be appropriate to the violation; possible sanctions include probation, suspension, expulsion, loss of institutional aid, and/or restriction of student’s activities or privileges.  Students will be charged for all damages or misappropriation of property, which occurs in the violation of a rule or regulation.  Restitution may be monetary compensation, replacement, or repair.  Community service hours will be performed in an area of the College or a community agency for a specified number of hours. Professional counseling, referral to a rehabilitation program, and/or specific restrictions may be used in conjunction with various sanctions.
16. Appeal to the Student Conduct/Appeals Committee:
17. Request for Hearing: Any student adversely affected by the decision of the Director of Resident Life may file a written request for a hearing before the Student Conduct Appeals Committee within ten working days.
18. Hearing Scheduling: Upon receipt of the request for an appeal hearing, the Director of Resident Life will schedule a hearing and notify the student requesting the appeal of the day and time of the scheduled hearing as soon as is reasonably possible.  At the same time, the student will be informed as to the procedure used at the hearing and the student’s right to legal counsel.  If the student is to be assisted by legal counsel, notification must be made to the Vice President for Academic and Student Affairs at least five days prior to the scheduled hearing.
19. Usual Hearing Procedure:
20. The Student Conduct/Appeals Committee Chair distributes a short synopsis of the case in writing to the student and to the Committee. The Chair will then request an oral presentation of facts from the Director of Resident Life.
21. Questions are asked by the Committee to clarify the facts and allegations.
22. An opportunity is provided for the student to speak to, explain, or contradict allegations; to appeal for understanding or clemency; to present contrary evidence; to make known the existence of other testimony; or to raise clarifying questions.
23. The Committee will then deliberate and make a decision on the appeal. The decision of the Committee may be one of the following:
    1. Uphold the decision of the Director of Resident Life.
    2. Modify the decision of the Director of Resident Life by reducing the penalties, changing the penalties, or increasing the penalties.
    3. Dismiss the charges against the student.
    4. Take other action as deemed appropriate.
    5. Attendance at the Appeal Hearing: A typical appeal hearing involves only the appearance of the Director of Resident Life, the student (with legal counsel, if desired), and the members of the Committee.  Deviation may be made from this by the committee Chair on consultation with the committee members when in his/her considered opinion such is necessary in order to ensure complete information and fairness.  Either the Director of Resident Life or the student may request the appearance of others alleged to have relevant knowledge of the case before the committee.  The honoring of these requests is at the discretion of the committee.  Any witness who appears to make statements is open to questions by all parties, and any documentary evidence presented is open to examination by all parties.  The committee itself may call upon expert assistance or may call before it any person having helpful information or knowledge.
    6. Counsel: The student has the right of counsel during the hearing procedure.  The Counsel may be a parent, other adult, or a licensed attorney at the student’s own expense.  Appearance of an attorney on behalf of a student also entitles the Student Conduct Appeals Committee to the presence of legal counsel throughout the proceedings.  No student or their counsel has the right to speak or behave discourteously or disrespectfully to the Committee or any other person involved in the hearing.  +Breaches of common courtesy or respect by a party in a hearing may result in the offending party’s removal from the proceedings by the committee Chair and the termination of the party’s rights to any further hearing in the disposition of that particular case.
    7. Records: The records of a hearing are to be a summary and not a transcript.  However, records should be sufficient enough to include the more significant facts presented, allegations made, statements of views, and decisions reached.   Hearings must be tape-recorded and such recordings preserved for a minimum of two years.  A copy of the record of the case must be placed in the disciplinary record file of the student, and the Chair of the Committee must keep copies of all records.  Such records are open to review by a higher College authority, such as the President, but will not otherwise be available to any person or party except on court order.  An exception to this procedure may be if the student applies for admission to any other college or university and requests that a clarifying statement be sent to explain a notation that may appear on the student’s transcript in regard to his/her probationary, suspension, or dismissal status.
    8. Notice of Action: The Committee may notify the student verbally of action not involving suspension or expulsion.  Notification of suspension or expulsion must be in writing and signed by the Chairman of the Committee, the Director of Resident Life and the President.  Notice of action must be given within ten working days.  Suspension or expulsion of a student is not final until written authorization by the President.
    9. Appeal beyond the Student Conduct/Appeals Committee: An appeal of any action taken by the Committee may be made to the President within five working days.   Reasons for the appeal must be stated in writing and presented to the President.  The President may exercise whether or not to re-open the case, to adjust the penalty, to set aside the penalty, or to order a reconsideration of the case or a new hearing by the Committee.  The President is not bound by the formal rules of hearing in his/her investigation or appraisal.