Code of Conduct
29 Conduct Review Process
Procedure:
Handling of Complaints of Violations of Disciplinary Rules and Regulations:
- Any student or College employee may file a report of a College policy violation. The report form is available on the MSC Website or linked here: Reporting Form.
- The report asks for the name of the accused student, the specific details of the violation.
- Allegations of violations will be referred to the Executive Director of Student Affairs.
- Upon receipt of the allegations, the Executive Director of Student Affairs 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.
- Reports may be initiated for incidents where concurrent criminal charges are pending. The College may resolve incidents without regard to either pending civil litigation or criminal prosecution. College conduct proceedings may proceed before, during, or after court proceedings.
Informal Conference
Upon review and where sufficient evidence exits that a student has violated the student code of conduct may have occurred, a student will be notified with a letter through their MSC Campus Email. Students may be asked to meet with the conduct officer to discuss the violations.
Formal Student Conduct Meeting
In conduct situations where suspension or expulsion may be a possible sanction, a formal student conduct meeting will be held with the student and the conduct officer(s). Students will be notified of the meeting through a letter that will be sent to their MSC email address. The student will be expected to attend the meeting at the designated time to prevent any further conduct actions. Students have the right to be accompanied by a support person.
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.
1. Disciplinary Regulations: The following constitutes the disciplinary regulations of MSC and the administrative procedure pertinent to the regulations and policies.
a. 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 Camus Behavior Assessmetn Team 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 Direct 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 or 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/withdraw, 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.