Page 324 - 2012-2013 TMCC College Catalog

F-32 2012-2013 TMCC College Catalog
2. Editors and managers of student publications shall be
protected from arbitrary suspension and removal because of
student, faculty, administrator, or public disapproval of editorial
policy or content (Board of Regents, 7/76).
3. All student publications shall explicitly state that
the opinions expressed therein are not necessarily those of
the college or student body. The editorial freedom of student
editors and managers shall entail corollary responsibilities to be
governed by the canons of responsible journalism, as prescribed
by the Student Publications Board and approved by the Board
of Regents, and offer reasonable opportunities for rejoinder to
the same audience.
OFF-CAMPUS FREEDOMOF STUDENTS
See also: Appendix K
Exercise of Rights of Citizenship — Truckee Meadows
Community College students are both citizens and members of
the academic community. As citizens, students have the same
freedom of speech, peaceful assembly, and right of petition
that other citizens enjoy and, as members of the academic
community, they are subject to the obligations that accrue to
them by virtue of this membership.
Institutional Authority and Civil Penalties — The college
has no legal authority over a student when he is outside college
property unless engaged in official college activities, except
as provided elsewhere. Students who violate the law may
incur penalties prescribed by civil authorities, but institutional
authority shall not be used merely to duplicate the function of
general laws. Only where institutional interests as an academic
community are distinct from those of the general community
may disciplinary proceedings be invoked by the institution.
Institutional action shall be independent of communitypressure.
PROCEDURAL STANDARDS INDISCIPLINARY
PROCEEDINGS
See also: Appendix L
The authorities of educational institutions have the inherent
power and responsibility to protect the educational purpose
through the regulation of the use of their facilities and through
the establishing of standards of conduct and scholarship
for the students who attend. Disciplinary action plays a role
substantially secondary to example, counseling, guidance, and
admonition. When warranted, disciplinary proceedings shall be
enforced, and when they are, proper procedural safeguards shall
be observed to protect the student from the unfair imposition
of penalties.
The administration of discipline shall guarantee procedural
fairness to an accused student. The jurisdictions of faculty and/
or student judicial bodies or other regularly established judicial
bodies, the disciplinary responsibilities of college officials, and
the regular disciplinary procedures, including the student’s
right to appeal a decision, shall be clearly formulated and
communicated in advance. In all situations, procedural fair
play shall require that the student be informed of the nature
of the charges against him/her, and that he/she shall be given
a fair opportunity to refute them, that the college shall not
be arbitrary in its actions, and that there shall be provision for
appeal of a decision.
Standards of Conduct Expected of Students — The college
has an obligation to clarify those standards of behavior which it
considers essential to its educational mission and its community
life. Offenses shall be clearly defined and interpreted in amanner
consistent with the aforementioned principles. Disciplinary
proceedings shall be instituted only for violations of existing
standards of conduct and those which will be formulated with
student participation and published in advance.
It shall be the student’s obligation to become aware of
college rules and regulations and to conduct himself/herself
as a responsible citizen, to abide by the college’s stated rules
and regulations, and to express either assenting or dissenting
opinions in an orderly manner.
INVESTIGATIONOF STUDENT CONDUCT
1. Premises occupied by students, whether college
controlled or not, and the personal possessions of students shall
not be searched without permission or without legal authority.
Such legal authority includes that which arises from the college-
student relationship.
2. Students accused of serious violations of college
regulations shall be informed of their rights by the college official
in charge of student discipline. Institutional representatives
shall not coerce admissions of guilt.
Status of Students Pending Final Action — Pending action
on criminal charges off campus or disciplinary proceedings
on campus, the status of a student shall not be altered or his/
her right to be present on the campus and to attend classes
suspended, except for reasons relating to the safety and
well-being of students, faculty, administration, or to college
property. In circumstances of the magnitude described above,
the President of the college may suspend a student pending
decision on the charges.
Hearing Procedures — In accordance with Title 2, Chapter
6.8 of the Nevada System of Higher Education Code of Student
Conduct, A student may request a hearing before a general
hearing officer or a special hearingcommittee on a disciplinary
charge. The following suggested procedure shall satisfy the
requirements of “procedural due process”:
1. Hearings shall be instituted with dispatch after a
student is charged with an offense. Students shall be notified in
time to prepare an adequate defense against those charges.
2. The student shall be informed, in writing, of the reasons
for the proposed disciplinary action with sufficient particularity
and in sufficient time to ensure opportunity to prepare for the
hearing.
3. The student appearing before a hearing committee
shall have the right to be assisted in his/her defense by an
adviser of his/her choice.
4. The burden of proof rests upon the officials bringing
the charge.
5. The student shall be given an opportunity to testify
and to present evidence and witnesses. The student shall have
an opportunity to hear and question adverse witnesses. In no
case shall a hearing committee consider written or recorded
statements against him/her unless he/she has been advised
of their content and the names of those who made them,
and unless he/she has been given an opportunity to rebut
unfavorable inferences which might otherwise be drawn.
6. All matters upon which the decision may be based
shall be introduced into evidence at the proceeding before a
hearing committee. The decision shall be based solely upon
such matters. The admissibility of evidence shall be determined
by the hearing board and subject to review through appeal.
7. The student is entitled to a closed hearing upon his/her
request.