SH.11 - Student Code of Conduct


SH.11.A – Introduction

Tulsa Community College (TCC) is committed to creating and maintaining a productive learning community that fosters the intellectual, personal, cultural, and ethical development of its students. Self-discipline and valuing the rights of others are essential to the educational process and to good citizenship. Attending TCC is a privilege and students are expected to meet or exceed the College’s standards of conduct both on and off campus.

Purpose

The Student Code of Conduct outlines TCC policies and procedures that all students are expected to adhere to during their time at TCC. The primary focus of the conduct process is on educational and corrective outcomes; however, sanctions such as suspension or expulsion from TCC may be necessary to uphold community standards, be used as educational outcomes, or to protect the TCC community. For questions regarding the Student Code of Conduct, contact the Office of the Dean of Student Affairs or the Office of the Senior Student Affairs Officer.

Authority

Tulsa Community College Board of Regents directs the President to adopt, publish, and make readily available a Student Code of Conduct. The President will implement appropriate procedures for handling student cases for violations of the Student Code of Conduct. Such procedures shall provide students with the appropriate level of due process to which they are entitled by applicable law and will comply with all other applicable laws.

The President or the President’s designee(s) shall have the final authority and decision regarding student conduct cases, and there shall be no right of appeal to the Board.

Interpretation

Any question of interpretation regarding the Student Code of Conduct will be determined at the discretion of the Senior Student Affairs Officer or their designee.

Jurisdiction of the College Student Code of Conduct

The Tulsa Community College Student Code of Conduct applies to the conduct of students regardless of student status.

The Tulsa Community College Student Code of Conduct applies to conduct that occurs on College premises, at College sponsored activities, and may also apply to off-campus conduct when the Senior Student Affairs Officer determines that the off-campus conduct affects a substantial College interest. A substantial College interest is defined to include:

  • Any situation where it appears that the student’s conduct may present a danger or threat to the health or safety of others; and/or
  • Any situation that is detrimental to the educational mission and/or interests of the College.

The Student Code of Conduct may be applied to behavior conducted online, via email, or other electronic medium. Most online speech by students not involving College networks or technology may be protected as free expression and is not subject to this Code.

The Student Code of Conduct applies to guests of College community members whose hosts may be held accountable for the misconduct of their guests.

SH.11.B – Definitions

Advisor
A person who has agreed to assist a reporter or respondent during the College conduct process. The advisor may be a person of the student’s choosing, including a Tulsa Community College faculty or staff member, a Tulsa Community College student, a parent, a friend, or an attorney.
Business Day
College working day, not including Saturday, Sunday, or federal or state holidays, and any other days Tulsa Community College is closed. Deadlines may be extended during breaks and College holidays.
College or Institution
Tulsa Community College
College community member
Includes any person who is a student, faculty member, College official or any other person employed by the College.
College official
Includes any person employed by the College, performing assigned administrative or professional responsibilities including all TCC affiliated boards.
College premises
Any buildings or grounds owned, leased, operated, controlled, or supervised by the College.
College-sponsored activity
Any activity on College premises or at an off-campus location that is directly initiated or supervised by the College or a College recognized group or organization. This includes student organizations, study abroad programs, and events. In addition, College-operated or leased transit is included in this activity even if the behavior occurs off College premises.
Dean of Student Affairs
The administrative officer responsible for administration of student conduct and includes their designee.
Dean’s Hold
A Dean’s hold restricts enrollment and may restrict transcript release.
Evidentiary Standard
In order for a student to be found responsible, the information must support a determination that is more likely than not that a violation of the Student Code of Conduct occurred. Hearsay evidence may be considered but will be weighed accordingly.
Faculty member
Any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of the faculty.
The Family Educational Rights and Privacy Act (FERPA)
A federal law originally passed in 1974 that defines student educational records and regulates who may access those records and under what circumstances. The purpose of FERPA is to protect the privacy of student education records.
Hearing Procedures
The hearing is not a legal proceeding. Formal rules of process, procedure, and evidence do not apply. Requisite levels of due process and fairness will be provided to all participants during these proceedings.
Investigative Report
The report of investigation prepared by an investigator after a formal complaint is filed, processed, and investigated.
Outcome
A developmental and/or educational action which is imposed or proposed for students who are found responsible for violating the Student Code of Conduct. Outcomes are designed to hold students accountable for their behavior and provide the opportunity for behavior change. Outcomes can range from a written warning to expulsion. For a complete list, see SH.11.E – Outcomes.
Parental Notification
FERPA permits educational institutions to notify parents of students under the age of 21 when a student has been found responsible for an alcohol or drug related violation.
Prohibited Conduct
Conduct that potentially jeopardizes individual or community safety or educational opportunities. Prohibited conduct can occur on or off campus.
Reporting Party
Any member of the College community, visitor or guest who alleges a violation(s) by any student for misconduct under this Student Code of Conduct. The College may also serve as the reporting party.
Responding Party
Any student who is alleged to have violated the Student Code of Conduct.
Senior Student Affairs Officer
Employee designated by the College President to be responsible for the administration of the Student Code of Conduct.
Student Code of Conduct
As a community, the College has developed a code of standards and expectations that are consistent with its purpose as an educational institution. The Student Code of Conduct conveys these standards and expectations.
Student Code of Conduct Officer
Designated College employees who review reported misconduct on a case-by-case basis to administer the resolution process, including investigating reported misconduct, determining responsibility for misconduct, and assigning outcomes.
Student
For the purpose of the Student Code of Conduct the definition of student is a person who:
  • Has applied to the College,
  • Registered for classes, or otherwise entered into any other contractual relationship with the College.
  • The active or inactive status of the student will determine the procedures and outcome for a Student Code of Conduct complaint. A student who withdraws from a course or from the College or completes their courses after the date of an alleged violation is still considered a student.
Student Status
The active or inactive status of the student will determine the procedures and sanctioning for a Student Code of Conduct complaint. A student who withdraws from a course or from the College or completes their courses after the date of an alleged violation is still considered a student.
  • Active Status:Any person enrolled in or taking courses at or through the College, either full-time or part-time, credit or noncredit, including correspondence study, concurrent courses, dual enrollment, online courses, study abroad and auditing courses. Active student status lasts until an individual graduates, is dismissed, or is not in attendance for three (3) consecutive semesters (i.e. fall-spring-fall semesters.)
  • Inactive Status:An inactive student is any person possessing a TCC ID number but not meeting the entire criteria of an active student.
  • Allegations of sexual misconduct, academic dishonesty, or fraudulently obtaining a degree may be filed at any time, whether or not the student is currently enrolled or registered.
Student Conduct Committee
Any person or persons authorized by the Senior Student Affairs Officer to determine whether a student has violated the Student Code of Conduct and to recommend sanctions that may be imposed when a rules violation has been committed. The committee for a hearing will generally be comprised of a minimum of a Chair, one faculty member, one staff member.
Support Person
A person who has agreed to provide support to a reporting or responding party during the College investigative and resolution process. The support person is an individual chosen by the student or employee such as a parent, friend, or an attorney. The College does not provide a support person for either party. Any compensation for a support person is the responsibility of the student or employee.
Title IX
A comprehensive federal law that protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

SH.11.C – Due Process Rights

Students at Tulsa Community College are afforded due process rights throughout the student conduct process. Any and all rights afforded to a responding party during any student conduct action will also be afforded to a reporting party as appropriate.

The two fundamental process rights are:

  • Notice: Responding parties and reporting parties (when appropriate) will be given written notice of Student Code of Conduct allegations.
  • Administrative Process or Hearing: Responding parties and reporting parties (when appropriate) will be given an opportunity to present information, including witness testimony and/or statements, during a fair and impartial Administrative Process or hearing

Rights of Students Participating in a Student Conduct Action

Responding students have the right to:

  • Present information on their behalf.
  • Choose not to answer any and all questions posed by a hearing body.
  • Be accompanied by an advisor.
  • Submit questions for witnesses.
  • Have hearings conducted in private.
  • Have hearing decisions communicated in writing.
  • Request reasonable accommodations from the office adjudicating their conduct case. Accommodation requests must be made three days in advance of the scheduled hearing through the Office of Student Conduct and Community Standards.

SH.11.D – Prohibited Conduct

Academic Misconduct

Cheating, plagiarism, unauthorized collaboration, alteration of academic materials, or other academic misbehavior. For further explanation, see SH.02.A – Academic Integrity Policy.

Disorderly Conduct

  • Behaving in a disorderly, lewd, indecent manner or breaching the peace on College property or at College-sponsored activities. Examples may include any social media, nonconsensual photography, video, or audio recording of another person on College premises when such recording causes or is likely to cause injury or distress.
  • Disrupting or obstructing normal College or College-sponsored or hosted activities, including, but not limited to studying, teaching, research, College administration, or fire, police, or emergency services on College premises or at College sponsored activities off campus.
  • Failing to comply with the lawful directions of any College employee acting within the scope of their official duties or failing to identify oneself to such a person when requested to do so.

Interfering with the Conduct Process

  • Failure to obey the notice from a Student Conduct Committee or College official to appear for a meeting or hearing as part of the Student Conduct process.
  • Falsification, distortion, disruption, misrepresentation, or interference with information during the student conduct process.
  • Filing a complaint/grievance in bad faith. Attempting to discourage an individual’s proper participation in, or use of, the student conduct process.
  • Attempting to influence the impartiality of a member of a Student Conduct Committee prior to, and/or during the course of the Student Conduct Committee proceeding.
  • Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Committee prior to, during, and/or after a student conduct proceeding.
  • Failure to comply with the sanction(s) imposed under the Student Code of Conduct.

Forgery, Falsification, Theft

False Representation: Knowingly making false representation to the College in any form, written or verbal by omission or submission.

Forgery or Unauthorized Use:Forging, possessing, or using without authorization College documents or records, financial aid documents, computers, electronic mail, telephones, identification or College property.

Taking of Property:Intentional unauthorized taking of College property or the personal property of another, including goods, services and other valuables.

Stolen Property:Property obtained by larceny, by stealing, by robbing, by theft; something unlawfully taken from its rightful owner.

Information Technology Policies

Failing to comply with the College Information Technology policies.

Safety Risk/Damage to College Community

False Reporting: Knowingly making a false report of a bomb, fire, or other emergency.

Fire Safety: Engaging in, tampering with, or any other misuse or unauthorized use of firefighting equipment, fire sprinkling systems and other safety equipment or warning devices, and failure to evacuate when a fire alarm is activated.

Property Damage: Intentional, reckless, and/or unauthorized damage to or destruction of College property, or facilities affiliated with the College, or the personal property of another.

Unauthorized Entry: Misuse of access privileges to College premises or unauthorized entry to or use of buildings, including trespassing, propping, or unauthorized use of alarmed or secured doors for entry into or exit from a College building.

Rioting: Causing, inciting, or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or damage and/or destruction of property.

Personal Safety

Harassment, Threats, and Bullying: Engaging in subjectively or objectively offensive verbal abuse, threats, intimidation, harassment, coercion, bullying, or other conduct that threatens or endangers the mental or physical health/safety of any person or causes reasonable apprehension of such harm that is persistent, severe, or pervasive.

Hazing: Engaging in any action or activity that causes or is likely to cause reckless or intentionally physical or mental discomfort or distress, that may demean, degrade, or disgrace any person, regardless of location, intent, or consent of participants, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.

Physical Violence: Engaging in physical violence of any nature against any person, on or off campus. This includes fighting, assaulting; battering; using a knife, gun, or other weapon; physically abusing, restraining or transporting someone against their will; or acting in a manner that threatens or endangers the physical health or safety of any person or causes reasonable apprehension of such harm.

Weapons: Possessing, using, or storing firearms, explosives (including firecrackers), weapons, or dangerous chemicals on College property or in the course of any College activity, except as specifically authorized under applicable state law. This includes, but is not limited to, BB guns, air soft guns, paintball guns, knives, swords, crossbows, handguns, shotguns, and rifles.

Violation of the College's Sex and Gender Harassment, Discrimination, and Misconduct Policy

Dating Violence: Dating violence includes sexual or physical abuse or the threat of such abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with another person. The existence of such a relationship shall be determined based on the length of relationship, type of relationship, and frequency of interaction between the persons involved in the relationship. Dating violence does not include acts that meet the definition of domestic violence.

Domestic Violence: Domestic violence is a pattern of abusive behavior used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, economic, or psychological actions, or threat of actions that influence another. Domestic violence is a crime of violence committed by a:

  • Current or former spouse or intimate partner of victim;
  • Person with whom the victim shares a child in common;
  • Person who is cohabitating with or has cohabited with the victim as a spouse or intimate partner; or
  • Person similarly situated to a spouse of the victim.

Harassment, Threats, and Bullying on the basis of sex: Engaging in objectively and subjectively offensive verbal abuse, threats, intimidation, harassment, coercion, bullying, or other conduct that threatens or endangers the mental or physical health/safety or causes reasonable apprehension of any person on the basis of sex that is severe, pervasive, or persistent, and objectively and subjectively offensive, such that it, has the effect of creating an intimidating, hostile, or offensive environment that limits or denies the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities.

Discrimination based on sex or gender may occur in situations where there is a power differential between the parties (Faculty-student, Supervisor-employee) or where the persons share the same status (student-student, faculty-faculty) and between same or opposite sex (female-female, male-female, male-male).

Retaliation:The College will not tolerate retaliation against a person who, in good faith, brings a complaint under this policy forward. Retaliation against an individual who has brought a complaint forward or against an individual who has participated in an investigation or conduct process is prohibited.

Retaliatory actions include threats or actual violence against the person or that person’s property, adverse educational or employment consequences, ridicule, intimidation, bullying, or ostracism. The College will impose outcomes on any faculty, student, or staff member found to be engaging in retaliation, or on individuals who encourage third parties to retaliate on their behalf.

Sexual Harassment: Making unwelcomed sexual advances, request for sexual favors, and other verbal or physical contact or communication of a sexual nature when:

  1. Quid Pro Quo: Submission to or rejection of such conduct or communication is made either explicitly or implicitly a term or condition of educational benefits, employment, academic evaluations, or other academic opportunities; or submission to or rejection of such conduct or communication by an individual is used as the basis for an employment decision or academic decision affecting such individual.
  2. Hostile Environment: Such conduct that is severe, pervasive, or persistent, and objectively and subjectively offensive, such that it, has the effect of creating an intimidating, hostile, or offensive environment that limits or denies the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities.

Sexual Misconduct: Engaging in non-consensual contact of a sexual nature. Sexual misconduct may vary in its severity and consists of a range of behaviors. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, sexual orientation or gender identity of those involved.

  1. Non-consensual Sexual Contact: Unwelcome sexual touching of intimate parts (such as genitalia, groin, breast, buttocks, mouth, or clothing covering the same); touching an unwilling person with one’s own intimate parts; or forcing an unwilling person to touch another’s intimate parts.
  2. Non-consensual Sexual Intercourse: Non-consensual sexual intercourse with another individual without their effective consent or by force, which could include, penetrating any bodily opening with an object or body part. Sexual intercourse includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation (mouth to genital contact) no matter how slight the penetration or contact.
  3. Sexual Exploitation: Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited.
  4. Sexual Exposure: Engaging in indecent exposure, sexual acts in a public place, or voyeurism.

Stalking: Stalking refers to one who engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or for the safety of others or to suffer substantial emotional distress.

  • Course of conduct means two or more acts, including acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property;
  • Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim;
  • Substantial emotional distress means significant mental suffering or anguish, which may require medical or other professional treatment or counseling;
  • Following includes the tracking of movement or location of an individual through the use of a Global Positioning System (GPS) or other monitoring device by a person or persons who act on behalf of another, without the consent of the individual whose movement or location is being tracked.

Violation of No Contact Order: When an individual violates the terms of an active No Contact Order.

Misuse of Alcohol, Drugs, Tobacco, Gambling

Alcohol: Illegally manufacturing, consuming, possessing, distributing, selling, or serving alcoholic beverages on College premises or at College-sponsored activities regardless of age, except as expressly permitted by College policy. For further explanation, see SH.03.D – Drug and Alcohol Policy.

Drugs: Acting or intending to act to illegally use, possess, sell, share, distribute, cultivate, manufacture or be under the influence of any state or federally controlled drug or substance. Possessing drug paraphernalia. Inhaling or ingesting any substances (e.g., nitrous oxide, glue, paint, etc.) that will alter a student’s mental state. Knowingly providing a location for individuals to possess or consume drugs or knowingly being in the presence of drugs are also prohibited. For further explanation, see SH.03.D – Drug and Alcohol Policy.

Use of Tobacco: Use of tobacco to include smokeless tobacco and e-cigarette devices/vaping are prohibited. For further explanation, see SH.03.G – Smoking / No Smoking and Other Tobacco Use Policy.

Gambling: Illegal gambling for money or other things of value on College property or at College-sponsored activities.

SH.11.E – Student Conduct Code Procedures

This overview gives a general idea of how the College Student Code of Conduct proceedings work, but it should be noted that not all situations are of the same severity or complexity. Thus, these procedures are flexible and equitable. They are not exactly the same in every situation. Consistency in similar situations is a priority.

In order for a student to be found responsible, the information must support a determination that is more likely than not that a violation of the Student Code of Conduct occurred. Hearsay evidence may be considered but will be weighed accordingly. College email (MyTCC) is the primary means of communication with students. Students are responsible for all communication delivered to their College email address.

Reports

  • Any member of the College community (faculty, staff, or student) or any person who is unaffiliated with the College who has knowledge of an alleged violation of the Student Code of Conduct may file a report against a student alleging that a violation of the Student Code of Conduct has occurred. The College may itself initiate a report.
  • Report should be filed as soon as possible but within 180 calendar days (not College business days) of the alleged violation. A late report may be accepted with the approval of a Conduct Officer.
  • The report must be submitted via the TCC Student Conduct Report form, and must include the date, time, place, name(s) of person(s) involved (e.g., the accused, witnesses), and sufficient detail to make a determination of whether disciplinary action may be warranted.
  • 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.
  • Title IX: Due to the nature of sexual misconduct offenses, alleged violations will follow the TCC Sex and Gender Harassment, Discrimination, and Misconduct Process.
  • In instances where a student has been convicted of a felony through the criminal process or the College believes they have enough information that would make it more likely than not a violation of the Student Code of Conduct has occurred the College may file a report against the responding party without the cooperation of the reporting party.

Assessment of Report

Upon notice of a report alleging prohibited conduct, the Student Code of Conduct Officer or designee will assess whether the report rises to the level of prohibited conduct and if so, whether a formal investigation is appropriate.

When Student Code of Conduct Officer or designee determines there is no ongoing risk of harm to the community and interim measures, such as a No Contact Order, have resolved the complaint the Student Code of Conduct Officer or designee can decide not to move forward with a formal investigation.

If no further action is necessary or if the interim measures will remain in place as ongoing accommodations, the Reporting Party will receive an Outcome Letter. Under these guidelines, the Responding Party will also receive an Outcome Letter.

Interim Suspension

In certain circumstances, the Student Code of Conduct Officer or their designee may impose an interim suspension prior to a Student Conduct Committee hearing.

Interim suspension may be imposed:

  • To ensure the safety and well-being of members of the College community or preservation of College property;
  • To ensure the responding party’s own physical or emotional safety and well-being; or
  • If the responding party poses an ongoing threat of disruption of, or interference with, the normal operations of the College.
  • During the interim suspension, the responding party will be denied access to campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the Student Code of Conduct Officer or designee may determine to be appropriate.
  • The interim suspension does not replace the regular process, which will proceed on the normal schedule, up to and through a Student Conduct Committee hearing, if required.
  • The responding party will be notified in writing of this action and the reasons for the suspension. A hearing will then be scheduled to determine the disposition of the case.
  • The interim suspension will remain in effect until a final decision has been made on the pending report either through an informal or formal hearing process or until the Student Code of Conduct Officer or designee determines that the reason for imposing the interim suspension no longer exists.

Investigation

The Student Code of Conduct Officer or designee will conduct a thorough, reliable, and impartial investigation of the report of alleged prohibited conduct.

Notification: If the Conduct Officer determines the need for further action, the responding party will be notified in writing of the alleged violation(s) and will schedule a time for the responding party to reply.

  • The responding party will have the responsibility and duty to cooperate with the investigation and to appear at any scheduled meeting.
  • The responding party will be provided the opportunity to reply to the allegations at such meeting by providing supporting materials, including witnesses and written statements.
  • A Dean’s Hold may be placed on the responding party’s account during the investigation and released upon completion of the process or end of outcome period if any.

As a result of this investigation, the Student Code of Conduct Officer or designee may dismiss the report, determine to proceed with a conduct hearing, or direct the report to a Student Conduct Committee for hearing.

The College’s investigation and processes will not typically be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

Conduct Hearing

The College Student Code of Conduct process is administered through the Office of Student Conduct and Community Standards. Alleged violations of the Student Code of Conduct where neither suspension nor expulsion are a possibility are usually resolved through a Student Conduct Meeting.

Allegations which could result in suspension or expulsion, that are complex, sensitive, require a number of witnesses, or that involve an alleged victim are usually referred to a Student Conduct Committee Hearing.

At the conclusion of a Student Conduct Meeting, the Conduct Officer may refer the case to a Student Conduct Committee for hearing if further development of the facts is warranted and would be aided by a more formal hearing; the Student Code of Conduct Officer or designee will not make any findings.

  • The Student Code of Conduct Officer or designee, upon completion of the investigation, may determine if the report can be disposed of through a Student Code of Conduct Meeting.
  • The responding party will receive written notification from the Student Code of Conduct Officer or designee.
  • Notification will include the alleged violation(s), time, date, location of the meeting, and inform the responding party of the opportunity to review and respond to the allegation(s).
  • The written notice will be sent electronically to the responding party’s TCC (MyTCC) email address.
  • The responding party will meet with the Student Code of Conduct Officer or designee.
  • Decisions regarding responsibility reached at the Student Code of Conduct Meeting will be final with no option to appeal or other proceedings.
  • The Student Code of Conduct Officer or designee will provide a written Notice of Disciplinary Action to the responding party.

Student Conduct Committee Hearing Process

Reports may be referred by a Student Code of Conduct Officer, the Senior Student Affairs Officer or designee directly to the Student Conduct Committee, or:

  • The proposed outcomes of a Student Code of Conduct Officer or designee are being appealed by the responding party requesting a hearing with the Student Conduct Committee.
  • If the responding party admits to violating the Student Code of Conduct, but outcomes are not agreed to, subsequent process, including a hearing if necessary, will be limited to determining the appropriate outcome.
  • Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in TCC Student Conduct hearings.
  • The hearing will be conducted in a manner conducive to the determination of the truth. The standard for determining fact or behavior will be “did the fact or behavior more likely than not occur,” often referred to as “preponderance of evidence.”

In effort to protect student FERPA rights, the hearing will be closed to the public and confidential as required by law.

Student Conduct Committee Hearing

A request properly submitted will be heard by a Student Conduct Committee. The Student Code of Conduct Officer or designee will be present to provide evidence and testimony and respond to questions involving the imposed or proposed outcome.

The Committee Chair will have procedural authority during the hearing.

Prospective witnesses will be excluded from the hearing during the testimony of other witnesses. All parties and witnesses will be excluded during Committee deliberations.

Arguments about the legality of any provision under which an allegation has been brought or the legality of the procedures under which the hearing is proceeding shall be directed to Tulsa Community College Legal Counsel for consideration. All parties shall have reasonable opportunity to question witnesses through a structured and controlled process and to present information and argument deemed relevant by the Committee Chair. The reporting student and responding party will only speak to the Chair and committee members. All questions will be posed through the Chair.

Committee hearings may need to include more than one hearing date for extenuating circumstances including end of semester or dates when the College is closed. The Chair of the committee will be responsible for all communication with a responding party who has submitted a request for a hearing.

Hearings will be conducted in a manner consistent with established procedures, which will be available in the offices of the Deans of Student Affairs. These procedures will ensure that the responding party will have the right to be heard, to present witnesses or written statements, to review and respond to the testimony of those testifying against the student, and to be accompanied by an advisor.

The responding party’s advisor may not act or speak on behalf of the responding party.

The Committee should endeavor to conduct the hearing and inform the Student Code of Conduct Officer or designee and the Senior Student Affairs Officer in writing of their decision usually within five days after the hearing, although circumstances may require additional time.

The decision will contain a summary of the important details of the hearing.

The Student Conduct Committee may impose any disciplinary outcome outlined the Student Code of Conduct.

The Student Code of Conduct Officer or designee will then forward written notification via TCC email to the responding party, which includes their right to appeal the decision of the Student Conduct Committee. The notification will include the decision, any resulting outcomes, and the rationale for the decision.

Student Conduct Committee Composition

Upon the receipt of a written, signed request for hearing or of a referral directly from the Student Code of Conduct Officer or designee, the Senior Student Affairs Officer will appoint a hearing panel to preside over the hearing following the completion of the investigation. The hearing panel will consist of a minimum of a Chair, one faculty member, and one staff member.

Outcomes

Any student found by the Student Code of Conduct Officer or designee, the Student Conduct Committee, and or the Senior Student Affairs Officer to have violated the Student Code of Conduct is subject to one or more of the following outcomes. The outcomes listed below are not intended to serve as an exhaustive list of all outcomes the College may use. The following actions could also take place as a result of other institutional reviews outside of the conduct process:

  • Written Warning. An official written notice that the student has violated College policies and that more severe conduct action will result should the student be involved in other violations while the student is enrolled at the College.
  • Educational Activities. Work assignments, essays, and service to the College, program participation, or other related educational activities, including but not limited to; letter of apology, presentation of a workshop, preparation of a research paper or project, community service, evaluation of any referral assessment, or counseling.
  • Counseling Assessment. Referral for assessment at a counseling center for alcohol/drug concerns, general mental health, or other counseling concerns.
  • Restitution. Reimbursement for damages to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
  • Conduct Probation. A specified period of time during which the student is placed on formal notice that they are not in good standing with the College and that further violations of College regulations will subject them to suspension or expulsion from the College.
  • Class Removal. When a student is dropped from a class or moved to another section of a class. Faculty members, in consultation with the Student Code of Conduct Officer or designee, reserve the right to remove a student from class pending a hearing for alleged violations of the Student Code of Conduct occurring in the classroom that substantially interfere with teaching or other students’ ability to learn.
  • No Contact Order. An absolute prohibition from contact with specified person or persons in any form whatsoever, including, but not limited to, contact in person, by phone, electronically, or through another person. A No Contact Order may be implemented as an interim measure for Title IX issues. Interim measures can be put in place without a formal complaint, conduct process, or a finding of responsibility. Violating a No Contact Order may result in suspension from the College.
  • Restriction. A limitation on a student’s privileges for a period of time and may include, but not be limited to, the denial of the use of facilities or access to parts of campus, denial of the right to represent the College, or denial of participation in extracurricular activities not directly associated with academics (e.g., intramural sports, organizations/clubs/associations, or leadership positions on campus, or other organizations). Students must apply to re-instate the privilege by submitting documentation of their significant proactive efforts to become good citizens of the community and engage in responsible, productive behavior.
  • Revocation of Admission and/or Degree. Admission to TCC, a College program, or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the admission or degree, or for other serious violations committed while a student at TCC.
  • Suspension. Separation/ exclusion from all classes and other privileges or activities for a specific period of time as set forth in the notice of suspension. If a transcript is requested during the period of suspension, a letter will be sent with the transcript to the requesting party/institution stating the student is under suspension for conduct reasons. Only unofficial transcripts will be released to the student directly. Any refund of tuition or fees will be subject to the College’s normal withdrawal process.
  • Expulsion. Permanent termination of student status without possibility of readmission to the College. This is not noted on the student transcript; however, a permanent record of the action is maintained in the student’s record in the Registrar’s Office. If a transcript is requested during the period of expulsion, a letter will be sent with the transcript to the requesting party/institution stating the student has been expelled for conduct reasons. Only unofficial transcripts will be released to the student directly. Expulsion becomes a permanent part of a student’s conduct record. Any refund of tuition or fees will be subject to the College’s normal withdrawal process.
  • Restorative Actions. Requiring a student to engage in actions to restore the impact of a violation and repair the harms resulting from misconduct on other members of the community.

Students who are separated from the College due to a Student Code of Conduct outcome such as suspension or dismissal are not automatically withdrawn from classes they are enrolled in. It is the responsibility of the student to contact the Enrollment Services office to address withdrawal concerns.

Outcomes are commensurate with the violation, though subsequent violations often result in more serious disciplinary outcomes. In addition to previous violations, the following is a partial list of factors considered in determining appropriate outcomes:

  • The nature of the violation
  • A student’s level of involvement in the violation
  • Actual harm caused by the behavior or the potential risk of harm
  • The impact on the community
  • The severity and pervasiveness of the behavior
  • The student’s demonstrated understanding and sincere remorse
  • The student’s level of cooperation and compliance

Each student’s situation is evaluated individually when considering other mitigating and aggravating factors.

Failure to Comply

All students, as members of the College community, are expected to comply with conduct outcomes within the timeframe specified by a Student of Conduct Officer or designee. Failure to follow through on conduct outcomes by the date specified, whether by refusal, neglect, or any other reason, may result in additional outcomes and a Dean’s hold. A Dean’s hold restricts enrollment and may restrict transcript release. Cancellation of enrollment occurs when a previous Dean’s hold has been cleared with the condition that the enrollment will be cancelled for failure to meet the conditions of the clearance. If cancelled, the refund of tuition or fees will be subject to the College’s normal withdrawal process. A graduation hold is a hold on a student’s participation in graduation exercises and diploma for failure to respond to a request to meet with the Student Code of Conduct Officer or designee, or for noncompliance with conduct outcomes. The Senior Student Affairs Officer or designee, may recommend a graduation hold.

Implementation of Outcomes

Student Code of Conduct actions or grievance decisions will not be implemented until the time for appeal has expired, until the entire appeal process is completed or until the individual voluntarily waives the right to appeal in writing. The exceptions to delaying outcomes until the process is complete include: 1) when interim suspension has been invoked by the Senior Student Affairs Officer or designee; or 2) to protect the well-being of students on the campus.

Notice of Disciplinary Action

If the Student Code of Conduct Officer or designee imposes or proposes disciplinary action against the student, the student shall be informed in writing of the imposed or proposed disciplinary action and the reasons, including the specific violations, which have been alleged.

If the Student Code of Conduct Officer or designee imposes a disciplinary outcome less than suspension or expulsion, the notice will also inform the responding party of the student’s right to appeal such disciplinary outcome directly to the Senior Student Affairs Officer. The imposed outcome will go into effect if the responding party does not file an appeal.

If the Student Code of Conduct Officer or designee proposes a disciplinary outcome of suspension or expulsion, the notice will also inform the responding party of the student’s right to appeal by requesting a hearing before the Student Conduct Committee. The proposed disciplinary action will become effective if the responding party does not request a hearing.

Appeal to the Senior Student Affairs Officer

An appeal from the imposed or proposed outcome by the Student Code of Conduct Officer or designee or of the decision of a Student Conduct Committee may be made by the responding party to the Senior Student Affairs Officer. An appeal does not represent a new hearing.

An appeal must be in writing, signed and dated by the responding party, and must be submitted to the Senior Student Affairs Officer within three days after the notice of disciplinary action is sent to the responding party.

The appeal must cite at least one criterion as the reason for the appeal. Criteria for an appeal include:

  • A procedural or substantive error that significantly prejudiced the rights of the appealing party; deviations alone from designated procedures will not be a basis for sustaining an appeal.
  • New information that was not available at the time of the hearing. To consider new information, it must be sufficient to alter a decision or other relevant facts not brought out in the original hearing, only such information and/or facts that were not known to the respondent student at the time of the original decision or for some other justifiable reason was not presented earlier will be considered.

The Senior Student Affairs Officer may take any of the following actions relating to the appeal:

  • Dismiss the complaint;
  • Impose a lesser disciplinary sanction;
  • Uphold the disciplinary sanction;
  • Overturn the disciplinary outcome and remand the matter to the Student Code of Conduct Officer or their designee, the Student Conduct Committee or a newly appointed Student Conduct Committee for further consideration.

The decision of the Senior Student Affairs Officer shall be final and there shall be no further appeal.

The College may withhold awarding a degree/certificate otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of all sanctions imposed, if any. A letter of standing may be placed on the records of students who have been placed on suspension or expulsion.

Continued Enrollment Pending Resolution. With the Dean of Student Affairs permission, a respondent student may continue their regular enrollment in the College pending administrative resolution of misconduct allegations.

SH.11.F – Revisions

The procedures and policies outlined above supersede all previous statements and policies of Tulsa Community College with respect to student rights and responsibilities as may appear in any Tulsa Community College publication. The College reserves the right to change the Student Code of Conduct policies and procedures throughout the academic year. Once those changes are posted online, they are in effect.

SH.11.G – Disciplinary Records

Student conduct records are property of Tulsa Community College and maintained by the Office of Student Conduct and Community Standards in accordance with the Family Educational Rights and Privacy Act (FERPA), Student conduct records may include incident reports, hearing documentation, audio recordings and other case related information. All student conduct records are maintained in an electronic database for a minimum of seven years from the time of their creation except those that result in separation (suspension or expulsion) and those that fall under Title IX, which are maintained indefinitely by the College.