Introduction and Purpose
Lake Michigan College (LMC) seeks to foster a secure learning environment. The Student Code of Conduct sets forth expectations for individuals who choose to become part of the College community. Students attending LMC are responsible for adhering to LMC’s Student Code of Conduct, Rules, Regulations, College Policies, and all local, State and Federal laws.
• Accused Student – Any student accused of violating this Student Code of Conduct or the general College rules.
• Appeal -- A request to review a previous College decision. All students are required to state their appeal in writing at the time they begin the appeal process.
• Campus Designee -- A College appointee who is responsible for initiating the judicial process at the local level.
• Campus Student Discipline Committee -- Executive Dean, Student Services; the Public Safety Director/Evening Adminstrators; and an Instruction representative appointed by the Vice President, Instruction. Director, Student Resource Center serves as an alternate as needed.
• College -- Lake Michigan College
• College Officials – Administrative and executive Officers and their designees.
• Complainant – Any person who submits a charge alleging that a student violated this Student Code of Conduct or the general College rules.
• Criminal Activity – Any alleged violation of local, State, or Federal laws.
• Off-campus – Off-campus classes, including on line, utilize LMC resources including faculty, internet, or intranet services, whether or not directly operated by LMC.
• On-campus – All property owned, operated, maintained, controlled, or leased by LMC.
• Property Belonging to LMC -- All land, buildings, facilities, or other grounds or structures, including adjacent streets and sidewalks, or any item in possession of or owned, used, loaned, leased, maintained, or controlled by LMC or funded by LMC budgets, including computers and network systems, library materials, classrooms, and laboratories used for LMC purposes.
• Reinstatement Committee - this committee will review and make decisions related to suspended students requests for reinstatement to the College. Requests will only be considered after the original suspension has lapsed.
• Student – an individual, who is currently enrolled, has been enrolled, or who has applied to be enrolled in the College.
• Student Appeals Committee – A group of persons authorized by the Executive Dean, Student Services (or his/his designee) to consider whether a student has violated the Student Code of Conduct.
This Code applies to:
• The on-campus conduct of all students and registered student organizations.
• The off-campus conduct of students and registered student organizations in direct connection with the use of College resources, including the campus network; academic course requirements, such as internships, field trips, international study, or experiential learning activities; any activity supporting the pursuit of a certificate or degree, such as research at another institution; and any activity sponsored, conducted, or authorized by LMC or by registered student organizations.
• Off-campus conduct that negatively impacts LMC such as threats of violence or physical harm, unlawful harassment, or other conduct which may have a negative impact or may place its community (inclusive of students, employees or faculty) at risk.
This Code also applies to:
• Any activity that causes substantial risk of destruction of property belonging to LMC or causes serious risk of harm or endangers the health or safety of members of the LMC community, including students, staff, and members of the public when participating in LMC events or activities.
• Or any activity in which a police report has been filed, a summons or indictment has been issued, or an arrest has occurred for criminal activity.
Students of LMC are guaranteed all rights, privileges, and freedoms granted to a citizen of the United States. In addition, they are entitled to an environment that is conducive to learning and individual growth. To this end, students enrolling at LMC assume a responsibility for the College’s student conduct regulations, just as they assume a citizen’s responsibility to abide by Federal, State, and local laws. Violation of statutory laws or the College student conduct regulations or specific departmental rules may lead to disciplinary action(s) by LMC.
Students are expected to conduct themselves as responsible individuals in accordance with institutional policies, rules, and regulations. In developing responsible student conduct, the institution prefers advisory, guidance, admonition, and example. However, when these means fail to resolve problems of student conduct and responsibility, appropriate disciplinary procedures will be followed.
Misconduct for which students are subject to disciplinary action falls into the general areas of academic dishonesty, threatening physical and verbal behavior, and violations of civil or criminal statutes and/or institutional policies, rules and regulations. A student found to have committed or attempted to commit the following misconduct is subject to disciplinary sanctions:
• Academic Honesty: This means that all academic work will be done by the student to whom it is assigned without giving or receiving unauthorized aid of any kind. Instructors will exercise care in the planning and supervision of academic work so that honest effort will be positively encouraged. Cheating and plagiarism are the two most obvious violations of academic honesty. No student shall engage in behavior that, in the judgment of the instructor of the class, constitutes cheating, fabrication, lying, plagiarism, or theft of academic property. In brief, plagiarism is borrowing ideas, words, organization, etc., from another source or person and claiming them as original. Any dishonest activity may result in failure of specific assignments or an entire course. Falsifying, forging, or altering of student records, College documents, and records or instruments of identification or providing false information to any official, College employee, or office also constitutes academic dishonesty and is subject to disciplinary action up to and including dismissal from Lake Michigan College
• Alcohol and Drugs: The unlawful manufacture, distribution, possession and/or sale of drugs, and unauthorized use and/or sale of alcohol on any LMC property or off campus sites such as hospitals or clinics is illegal and counter to the mission of the College.
• Assault and Battery: Any conduct, including but not limited to, physical harm or abuse, bullying, verbal abuse, use of profanity, threats, intimidation, harassment, or coercion, or any behavior that threatens or endangers the health, safety, or well-being of any person is prohibited at any location providing College services.
• Assembly: No student or students shall assemble in a manner that obstructs the free movement of persons about the campus or that interferes with the normal operation of College programs and services.
• Athletic Conduct: Student athletes represent LMC in special ways by bringing public and private recognition of the community to LMC. Therefore, the Athletic Department imposes a higher standard of conduct on its student-athletes. The Code set forth below indicates what criteria may be used to suspend or dismiss a student-athlete from an intercollegiate team.
• Athletes are required to abide by all local, State, and Federal laws, as well as LMC rules and regulations.
• Team practice and game match rules and regulations are to be adhered to at all times.
• Athletes are to comply with reporting at a designated time for home athletic contests or departure to or from off-campus competitions unless they have received prior permission of the respective coach to alter their reporting time.
• Athletes are to adhere to rules regarding tardiness or absenteeism. More than two occasions of tardiness or absenteeism without prior approval of the coach for practice, team departure or any away contest/event, or sports medical treatment will subject the athlete to team suspension.
• Student-athletes must demonstrate high standards of sportsmanship and fair play while participating in an intercollegiate athletic LMC program.
• Student-athletes must interact appropriately with teammates, coaches, sports medicine, and support staff. Insubordination in dealing with the coaches, athletic administrative staff, or sports medicine staff will be grounds for suspension or dismissal.
• Student-athletes must conduct themselves in a manner which brings credit to themselves, their teammates and LMC. Conduct or being involved in activities which could bring negative public opinion to the team or athletic department of LMC is considered a violation of the Code of Conduct.
• Student-athletes are required to attend classes and study tables to maintain academic standards established by LMC. Athletes who are put on academic, social or disciplinary probation, or suspension from LMC are subject to suspension or dismissal from the intercollegiate team.
• Classroom Misconduct: Classroom misconduct is any substantial behavior which disrupts or interferes with the learning experience. Students are required and expected to conduct themselves as mature, considerate adults. Students should conduct and express themselves in a way that is respectful to all persons. This includes respecting the rights of others to comment and participate fully in class.
• Compliance with Applicable Law: No student shall violate any College policy, rule or regulation or other local, State or Federal law, ordinance or regulation on College-owned or operated property or in connection with any College-sponsored program, course of study or activity.
• Complicity in Violating the Student Code of Conduct: Includes attempting, aiding, abetting, conspiring, hiring or being an accessory to any act prohibited by this Code. If a student has knowledge of another student, individual, or group committing or attempting to commit a violation of the Code, he or she is required to remove him- or herself from the situation and report it to the College.
• Contracts: No student shall enter into any contract in the name of the institution except with prior written authorization from appropriate College officials.
• Dishonesty: No student shall furnish false and/or misleading information to the College regarding their admission or attendance. The omission of information shall be considered furnishing false and/or misleading information.
• Disruptive Behavior: A student shall not behave in a manner that disrupts the academic atmosphere of the institution or that endangers the rights and/or safety of the student or other persons.
• Failure to Comply: A student shall comply with the direction of institutional officials, faculty, staff, or security officers in performance of their duties and identify oneself to these persons when requested to do so. All students will wear or carry an LMC-issued photo identification.
• Gambling: A student shall not engage in any form of gambling on College-owned or operated property that is not a college-sponsored activity.
• Harassment: A student shall not engage in harassment or bullying of another person in violation of federal and/or state law.
• Indecent or Obscene Behavior: A student shall not engage in any indecent or obscene behavior.
• Keys: A student shall not engage in the unauthorized possession, duplication, or use of keys to any institutional facility nor engage in unauthorized entry to or use of institutional premises or property.
• Obstruction/Abuse of Grievance Procedure: Includes but is not limited to:
• Failure to comply with a summons of the Student Appeals Committee.
• Falsification, distortion, or misrepresentation of the information to the Student Appeals Committee.
• Disruption or interference with the orderly process of a discipline hearing.
• Attempting to discourage an individual’s proper participation in or use of the Student Discipline Grievance Procedure.
• Attempting to influence the impartiality of a member of the Student Appeals Committee prior to and/or after a Student Discipline Grievance Procedure.
• Verbal or physical harassment and/or intimidation of a member of Student Appeals Committee prior to, during, and/or after a Student Discipline Grievance Procedure.
• Failure to comply with decisions, recommendations or sanctions imposed by the Student Appeals Committee.
• Influencing or attempting to influence another person to commit an abuse of the Student Discipline Grievance Procedure.
• Registered Sex Offender: A student who is convicted of a felony or a crime requiring listing on the sex offender registry shall notify the Executive Dean, Student Services of such status.
• Safety: A student shall not engage in behavior that violates any safety rules of any classroom, laboratory, or other institutional facility. This shall include, without limitation, the wearing of any required personal safety equipment and following prescribed methods and procedures for handling and disposing of materials, which may be hazardous, unstable, contagious, etc.
• Signs: A student shall not erect or display signs or posters on College-owned or operated property unless authorized by the institution. A student shall not deface, alter, tamper with, destroy or remove any sign or inscription on College-owned or operated property.
• Soliciting: A student or organization may not use institutional facilities, solicit funds or goods on or off-campus, or schedule activities unless such action has been approved by appropriate institutional officials. Students may post information on identified, public boards on each campus.
• Smoking and Use of Tobacco: In accordance with the Michigan Clean Indoor Act, P.A. 198 of 1986, LMC maintains a smoke-free environment. Smoking is not allowed inside the Napier Avenue Campus academic building, the Mendel Center, the Bertrand Crossing Campus, M-TEC facility, or South Haven Campus. Smoking and use of tobacco products is not allowed anywhere inside the premises, including restrooms and private offices, or other space owned, operated, or leased by LMC, or in any College vehicles. Employees and students who are found smoking or using tobacco products outside of the designated smoking areas will be considered in violation of College policy and will be subject to discipline in the same manner as violations of other College policies. (Also see Smoking Section of the Student Handbook.)
• Theft or Other Abuse of Computer Time: This is addressed in detail in the College Handbook. (See Computer Lab Procedures section of the Student Handbook.)
• Theft and Vandalism: A student shall not engage in attempted theft of and/or damage to property of the institution or a member of the College community or other personal or public property.
• Use of Institutional Facilities: Unlawful or unauthorized use of the institutional facilities is prohibited.
• Weapons: A student shall not possess, use, or threaten to use weapons or explosives on any College-owned or operated property or at a College-sponsored activity except as specifically authorized in writing by appropriate College officials.
(Also see the Weapons-Free Campus Policy.)
• Other Prohibited Misconduct: The College reserves the right to evaluate and document special cases and to refuse admission and/or continued enrollment if the College determines that the applicant/student is a threat or a potential danger to the College community or if such refusal is considered in the best interest of the College. The Executive Dean of Student Services may specify other behaviors that shall constitute student misconduct, subject to the approval of the President.
When reports of alleged violation of the Student Code of Conduct surface, they are addressed by the Executive Dean, Student Services. The steps followed to resolve formal disciplinary matters are called the judicial process. The judicial process exists to ensure that basic due process is granted to all LMC students who find themselves in conflict with the College standards. Students, faculty, and staff may report possible infractions.
Due Process is the guarantee of student civil rights under the Constitution of the United States and the laws and regulations of Michigan and Lake Michigan College. Due Process is that process which prevents rights from being taken away from an individual without notice and an opportunity to respond to allegations.
Due process requires that the Executive Dean, Student Services (or his/her designee) shall meet with the student as soon as possible after the alleged violation of the Student Code of Conduct and at such meeting the Executive Dean, Student Services shall provide the student with (1) notice of the alleged violations of the Student Code of Conduct, (2) the facts upon which the alleged violation is made, and (3) an opportunity to discuss the alleged violations and to be heard. Within five (5) school days of the meeting, the Executive Dean, Student Services will provide the student with notice of the decision and information regarding the appeal process, if applicable.
Incident Reporting Process
Anyone wishing to report student misconduct shall document all relevant information via a LMC Complaint Resolution Forms beginning on page 160 , which shall be provided to a member of the campus administration. When a written incident report is filed, it shall be forwarded to the Executive Dean, Student Services. Following review of the incident report (which may include, without limitation, any and all research deemed appropriate regarding the underlying incident), a determination will be made by the Executive Dean, Student Services (in possible consultation with other campus and/or College leadership) whether charges of misconduct should be filed in response to the incident.
When a report of possible infraction of the Student Code of Conduct is received by the Office of the Executive Dean, Student Services, the following process is implemented:
1. The report of alleged misconduct is reviewed by any of the following: The Executive Dean, Student Services or his/her designee, the Director of Intercollegiate Athletics, or the Director of Student Life. This review will determine suitable address of the matter, including whether judicial action should be initiated and may include contacting the student reportedly involved in the incident and/or other witness(es) to seek additional, clarifying information. Review of a reported incident does not, in itself, constitute judicial action.
2. If it is determined that judicial action should be initiated to resolve a more serious infraction, written notice of judicial charges and sanctions is sent to the student’s local address listed in College records and a meeting with the accused student is conducted by either the Executive Dean, Student Services or his/her designee, the Director of Intercollegiate Athletics, or the Director of Student Life.
3. Failure or refusal to pick up or accept a letter does not remove the student’s obligation to adhere to any instructions, sanctions, or deadlines issued in the letter.
4. A student may not avoid adjudication of an alleged policy infraction by withdrawing from the College. Should a student withdraw or depart from the College before investigation and/or adjudication of an alleged infraction is completed, the judicial process may proceed, and appropriate sanctions for confirmed charges may be issued. Pending resolution of a disciplinary matter, a hold will be placed on the absent student’s transcript.
Academic Grievance Procedure:
(See College Handbook.)
Discipline Grievance Procedure:
The Executive Dean of Student Services handles matters that require disciplinary action at Lake Michigan College. All students at the College are guaranteed due process (see Due Process section of this document) in disciplinary matters. When a student has been charged with misconduct or an infraction of the College rules, the Executive Dean, Student Services will confer with the student charged. The student will be informed of his/her right to have an advisor present during this conference. Pending action by the Executive Dean, Student Services on the charges, the status of the student will not be altered, nor will his/her right to be present on the Campus and to attend classes be suspended, except for reasons related to the safety and/or well being of other LMC students, employees, or property. The Executive Dean, Student Services shall be the person to make the decision to suspend with regard to safety or property.
Disciplinary actions taken by the Executive Dean, Student Services toward a student found responsible for misconduct or a violation of College rules may include, but are not limited to, an oral warning up to expulsion from the College. See sanctions below.
Any combination of the following sanctions or other sanctions may be imposed through the judicial process. Multiple and/or repeated violations typically result in increased sanctions. The sanctions listed are not inclusive, but merely serve as guidelines:
1. Formal warning: a written reprimand that expresses disapproval of the student’s actions and warns against any potential violations of College policy in the future.
2. Probation: a period of observation and review. The length of this period of probation will be determined by the Executive Dean, Student Services. If found responsible for violating any College policies or failure to comply with other requirements stipulated during this period, the student may be immediately suspended from the College and/or its events pending further disciplinary review.
3. Suspension: immediate dismissal from classes and activities at the College for at least the remainder of the session/semester in progress and/or a specified period of time thereafter. Any additional violations or failure to comply with other requirements stipulated during this period of suspension may result in expulsion. During suspension, the student is not permitted to visit the College premises or attend any College functions without prior written permission from the Executive Dean, Student Services. Any student who is suspended due to misconduct will not be entitled to any refund of tuition or other fees after financial aid is adjusted.
4. Expulsion: the most severe sanction for violation of College policy is expulsion, which results in immediate dismissal and permanent separation from the College. Any student who is expelled due to misconduct will not be entitled to any refund of tuition or other fees and may incur additional charges and fees after financial aid is adjusted.
5. College property restrictions: restriction from certain College facilities or property, either physical or virtual, for a definite period of time.
6. Fine: a monetary penalty for property damage, theft, or other violations that result in inconvenience or cost to others.
7. Parental notification: as permitted by law, the College reserves the right to disclose to parents or legal guardians information about a student’s violation of College regulations and policies and Federal, State and/or local laws governing the use of alcohol or a controlled substance. The College may notify parents/legal guardians of alcohol or a controlled substance violation if the student is under the age of 21. The Executive Dean, Student Services determines the circumstances under which parental notification takes place.
8. Restitution: compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
9. Educational sanctions: a student is required to write a paper, plan and present a program, attend a class or seminar, or complete other educational requirements.
10. Loss of privileges: denial of specified privileges for a designated period of time.
11. Disqualification from receipt of institutional financial aid while the sanction is imposed or possibly thereafter.
12. Interim suspension: temporarily restrict student(s) from campus/College activities pending a hearing.