THE STUDENT CODE FOR THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM

GENERAL PROVISIONS
I. Principles
Technical college students are members of both the community at large and the academic community. As members of the academic community, students are subject to the obligations, which accrue to them by virtue of this membership. As members of the larger community of which the college is a part, students are entitled to all rights and protection accorded them by the laws of that community.
By the same token, students are also subject to all laws; the enforcement of, which is the responsibility of duly, constituted authorities. When students violate laws, they may incur penalties prescribed by legal authorities. In such instance, college discipline will be initiated only when the presence of the student on campus will disrupt the educational process of the college. However, when a student’s violation of the law also adversely affects the college’s pursuit of its recognized educational objectives, the college may enforce its own regulations. When students violate college regulations, they are subject to disciplinary action by the college whether or not their conduct violates the law. If a student’s behavior simultaneously violates both college regulations and the law, the college may take disciplinary action independent of that by legal authorities.
The Student Code for the South Carolina Technical College System sets forth the rights and responsibilities of the individual student.

II. Solutions of Problems
The college will seek to solve problems by internal procedures of due process. When necessary, off-campus law enforcement and judicial authorities may be involved.
In situations where South Carolina Technical Colleges have shared programs, the Chief Student Services Officer where the alleged violation of the violation of the Student Code for the South Carolina Technical College System occurred will handle the charges. A change of venue to the other college may be granted, based on the nature of the offense, provided it is agreed to by the Chief Student Services Officer of both colleges. Any sanctions imposed will apply across both colleges.
In situations where a student is dually enrolled in two or more South Carolina Technical Colleges and is charged with a violation of the South Carolina Technical College System, the Chief Student Services Officer of the college where the alleged infraction occurred will handle the charges and the sanctions will apply only at the college where the infraction occurred.

III. Definitions
When used in this document, unless the content requires other meaning,
A. “College” means any college in the South Carolina Technical College System.
B. “President” means the chief execu- tive officer of the college.
C. “Chief Student Services Officer” means the chief student services person at the college of his or her designee.
D. “Student” means a person taking any course(s) offered by the college either full time or part time.
E. “Instructor” means any person employed by the college to conduct classes.
F. “SGA” means Student Government Association of the college.
G. “Campus” means any place where the college conducts or sponsors educational, public services, or research activities.
H. “Violation of Law” means a violation of a law of the United States or any law or any ordinance of a state or political subdivision which has jurisdiction over the place in which the violation occurs.
I. “Administrative Officer” means anyone designated at the college as being on the administrative staff such as president, vice president, Dean of students or student services, chief academic officer, Dean of instruction, or business manager.
J. “Suspension” means a temporary separation of the college and student under specified conditions.
K. “Expulsion” means permanent separation of the college and student.

STUDENT CODE
I. General Rights of Students
A. Nondiscrimination
There shall be no discrimination in any respect by the college against a student, or applicant for admission as a student, based on race, color, age, religion, national origin, sex or disability.

B. Freedom of Speech and Assembly
Students shall have the right to freedom of speech and assembly without prior restraints or censorship subject to clearly stated, reasonable, and nondiscriminatory rules and regulations regarding time, place and manner.
Students desiring to conduct an assembly must submit a request to the President, or other designated college official, requesting a specific date, time, location, and manner no later than 15 working days prior to the date of the desired event. The request will be approved, amended, or denied no later than ten working days prior to the desired event.

C. Freedom of the Press
In official student publications, they are entitled to the constitutional right of freedom of the press, including constitutional limitations on prior restraint on censorship. To ensure this protection, the college shall have an editorial board with membership representing SGA, faculty, and administration. Each college has the responsibility of defining the selection process for its editorial board. The primary responsibility of the board shall be to establish and safeguard editorial policies.

D. Protection Against Unreasonable Searches and Seizures
Students are entitled to the constitutional right to be secure in their persons, dwellings, papers, and effects against unreasonable searches and seizures. College security officers of administrative officers may conduct searches and seizures only as authorized by law.

E. Student Representation in College Governance
Students should be represented on campus committees that have the following duties:

1. To make policy that affects student activities and conduct.
2. To make policy decisions on such matters.
3. To implement policy.

F. Classroom Behavior
Discussion and expression of all views relevant to the subject matter are recognized as necessary to the educational process, but students have no right to interfere with the freedom of instructors to teach or the rights of other students to learn.
The instructor sets the standards of behavior acceptable in the classroom by announcing these standards early in the term. If a student behaves disruptively in class after the instructor has explained the unacceptability of such conduct, the instructor may dismiss the student for the remainder of that class period.
The instructor shall initiate a discussion with the student to resolve the issue prior to the next class meeting. A further disruption by the student may result in a second dismissal and referral in writing by the faculty member to the Chief Student Services Officer. These procedures for classroom behavior do not limit the action that may be taken for proscribed conduct under III herein and instructors may dismiss students from class for the remainder of the class period for such conduct. Students remain subject to other sanctions hereunder for such conduct.

G. Evaluation and Grading
1. Instructors will follow the announced standards in evaluating and grading students.
2. Grades are awarded for student academic achievement. No grade will be reduced as a disciplinary action for student action or behavior unrelated to academic achievement.

H. Privacy
Information about individual student views, beliefs, and political associations acquired by instructors, counselors, or administrators in the course of their work is confidential. It can be disclosed to others only with prior written consent of the student involved or under legal compulsion.

I. Records
1. General
The student records office will maintain and safeguard student records. All official student and former student records are private and confidential and shall be preserved by the college. Separate record files may be maintained for the following categories: (1) Academic, (2) medical, psychiatric and counseling, (3) placement, (4) financial aid, (5) disciplinary, (6) financial, and (7) veterans affairs.

2. Disciplinary Records
Records of disciplinary action shall be maintained in the office of the Chief Student Services Officer. No record of disciplinary action shall be entered to made on the student’s academic records.

3. Confidentiality of Records
Before information in any student file may be released to anyone, the student must give prior written consent except in those instances stated below:

a. To instructors and administrators for legitimate educational purposes.
b. To accrediting organizations to carry out their functions.
c. To appropriate parties to protect the health and safety of students or other individuals in emergencies with the understanding that only information essential to the emergency situation will be released.
d. The Chief Student Services Officer may authorize release of directory information as defined by the college under privacy legislation.
e. If the inquirer has a court order, the Chief Student Services Officer or someone designated by that official will release information from the student’s file.

4. Treatment of Records After Student Graduation or Withdrawal
When students withdraw or graduate from a technical college, their records shall continue to be subject to the provisions of this code.

II. Student Government and Student Organizations
A. Student Government Association
The college Student Government Association’s constitution, as approved by the area commission, establishes the governance structure for students at a college. Amendments to the constitution require approval as stipulated in each Student Government Association constitution.

B. Student Organizations
An essential prerequisite for a student organization to be approved is that it have educational importance and that its objectives be clearly explained in a proposed charter. The formation of organizations strictly as social clubs should be discouraged. Prior to consideration for approval as an organization, an organization constitution or bylaws must be prepared, and a person must be identified who is willing to serve as advisor, and the names of charter members must be submitted.

III. Proscribed Conduct
A. General
Certain conduct is proscribed and upon violation of such proscription, a student shall be subject to one or more of the sanctions specified in section IV.C.2.c. However, it is expected that the more severe sanctions of suspension and expulsion will be imposed sparingly and only for more extreme or aggravated violations or for repeated violations.

B. Abuse of Privilege of Freedom of Speech of Assembly
No student, acting alone or with others, shall obstruct or disrupt any teaching, administrative, disciplinary, public service, research, or other activity authorized or conducted on the campus of the college or any other location where such activity is conducted or sponsored by the college. This disruption does not necessarily have to involve violence or force for the student to face disciplinary action. In addition to administrative action, any person who violates the law will be turned over to the appropriate authorities.
In the event of illegal or disruptive activity on a college campus, the Chief Student Services Officer or other administrative officer will request those involved either to leave the campus or abide by regulations governing uses of, or presence on, the campus. The Chief Student Services officer or other official will further announce that failure to disperse well result in enforcement of Section 16-17-420 of the South Carolina code of Laws pertaining to illegal or disruptive activity on a college campus. According to South Carolina Law, “It In the event of illegal or disruptive activity on a college campus, the Chief Student Services Officer or other administrative officer will request those shall be unlawful for any person willfully or unnecessarily (a) to interfere with or disturb in any way or in any place the students or teachers of any school or college in this state, (b) to enter upon any such school or school premises, (c) to loiter around the premises, except on business, without the permission of the principal or president in charge, or (d) to act in an obnoxious manner thereon.” (section 16-17-420 part 2 of South Carolina Code of Laws).

C. Academic Dishonesty
All forms of academic dishonesty including, but not limited to, cheating on tests, plagiarism, collusion, and falsification of information will call for discipline.

1. Cheating on tests id defined to in- clude the following:
a. Copying from another student’s test.
b. Using materials during a test not authorized by the person giving the test.
c. Collaborating with any other per- son during a test without permis- sion.
d. Knowingly obtaining, using, buy ing, selling, transporting, or solic- iting in whole or in part the con- tents of an unadministered test.
e. Bribing any other person to ob- tain tests or information about tests.
f. Substituting for another student, or permitting any other person to substitute for oneself.

2. “Plagiarism” is defined as the appro- priation of any other person’s work and the unacknowledged incorpora- tion of that work in one’s own work offered for credit.

D. Falsification of information, and other unlawful acts, with intent to deceive is defined as:

1. Forgery, alteration, or misuse of college documents, records, or identification cards.
2. Destruction of evidence with the in- tent to deny its presentation to the appropriate hearing or appeals panel when properly notified to appear.

E. Infringement of rights of others is defined to include, but not limited to, the following:

1. Physical or verbal abuse inflicted on another person.
2. Severe emotional distress inflicted upon another person.
3. Theft, destruction, damage, or mis- use of the private property of mem- bers of the college community or non-members of the college commu- nity occurring on campus or off cam pus during any college approved act- ivity.
4. Sexual harassment inflicted on an- other person. This is defined as sexual discrimination where the ha- rassing conduct created a hostile en- vironment. Therefore unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when the conduct is sufficiently severe, persistent, or pervasive to limit an individual’s ability to participate in or benefit from the education program, or to create a hostile or abusive educa- tional environment.
5. Stalking, defined as engaging in a course of conduct that would place a reasonable person in fear for their safety, and that has, in fact, placed an individual in such fear.

F. Other unlawful acts which call for discipline include, but are not limited to:

1. Destruction, theft, damage, or mis- use of college property occurring on or off campus.
2. Unauthorized entry upon the prop- erty of the college after closing hours.
3. Unauthorized presence in any col- lege facility after hours.
4. Unauthorized possession or use of a key to any college facility or other property.
5. Possession or use on campus of any firearm or other dangerous weapon or incendiary device or explosive unless such possession or use has been authorized by the college.
6. Possession, use or distribution on campus of any narcotics, dangerous, or unlawful drugs as defined by the laws of the United States or the State of South Carolina.
7. Possession, use, or distribution on campus of any beverage containing alcohol.
8. Violation of institutional polices while on campus or off campus par- ticipating in a college sponsored ac- tivity.
9. Violation of South Carolina and/or federal laws while on campus or off campus participating in a college sponsored activity.
10. Engaging in any activity which dis- rupts the educational process of the college, interferes with the rights of others, or adversely interferes with other normal functions and services.

IV. Rules of Student Disciplinary Procedure and Sanctions
The sanctions, which follow, are designed to channel faculty, staff or student complaints against students. Due process of law is essential in dealing with infractions of college regulations and state and federal statutes. Consequently, any disciplinary sanction imposed on a student or organization will follow the provisions of this code.

A. Administrative Suspension
1. If an act of misconduct threatens the health or well being of any member of the academic community or seriously disrupts the function and good order of the college, and administrative officer may direct students involved to cease and desist such conduct and advise them that failing to cease and desist will result in immediate suspension. If the students fail to cease and desist, or if their continued presence constitutes a danger, the administrative officer mat then suspend them from the college until a resolution of the matter can be made.
2. The administrative officer invoking such administrative suspension shall notify the Chief Student Services Officer in writing of the individuals involved and the nature of the infraction before 5:00 P.M. of the first class day following its imposition. If immediate identification of the student or students is impossible, such notice shall be given within 2 working days after identification has been determined.

B. Complaints
1. A charge involving a student infraction must be filed in writing at the office of the Chief Student Services Officer within 5 working days after the alleged infraction or after such infraction becomes known to an administrative officer of the college.
2. Within 5 working days after the charge is filed, the Chief Student Services Officer shall complete a preliminary investigation of the charge and schedule immediately a meeting with the student. After discussing the alleged infraction with the student, the Chief Student Services Officer may act as follows:

a. Drop the charges.
b. Impose a sanction consistent with those shown in Section IV, C, 2,c, Stu dent Appeals Committee.
c. Refer the student to a college office or community agency for services.

The decision of the Chief Student Services Officer shall be presented to the student in writing within 5 working days following the meeting with the student. In instances where tie student cannot be reached to schedule an appointment with the Chief Student Services Officer, or where the student refuses to cooperate, the Chief Student Services Officer shall send a certified letter to student’s last known address providing the student with a list of the charges, the Chief Student Services Officer’s decision, and instructions governing the appeal process.
3. A student who disagrees with the decision of the Chief Student Services Officer may request a hearing before the Student Appeals Committee. This request must be submitted within 2 working days after receipt of the Chief Student Services Officer’s decision unless a request is made and approved for an extension of time. The chief Student Services Officer shall refer the matter to the Committee together with a report of the nature of the alleged misconduct, the name of the complainant, the name of the student against whom the charge has been filed, and the relevant facts revealed by the preliminary investigation.

C. The Student Appeals Committee
Each college shall have a student Appeals Committee (hereafter referred to as the Committee) to consider the case of a student who declines to accept the findings of the Chief Student Services Officer. The hearing shall be held within fifteen (15) working days after the student has officially appealed the decision of the Chief Student Services Officer.

1. Membership of the Committee shall be composed of the following:

a. Three faculty members ap pointed by the chief instructional officer and approved by the President.
b. Three student members ap- pointed by the appropriate stu- dent governing body and ap- proved by the President.
c. One member of the Student Ser- vices staff appointed by the Chief Student Services Officer and ap- proved by the President.
d. The Chief Student Services Of- ficer serves ad an ex-officio non- voting member of the Commit- tee.
e. The chair shall be appointed by the President from among the membership of the Committee.

2. Functions of the Committee are de- scribed as follows:

a. To hear an appeal from a student charged with an infraction that may result in disciplinary action.
b. To hand down a decision based only on evidence introduced at the hearing.
c. To provide the student defendant with a statement of the committee’s decision including findings of fact and if applicable, to impose one or more of the fol- lowing sanctions:

(1) A written reprimand.
(2) An obligation to make restitution or reimbursement.
(3) A suspension or termination of par- ticular student privileges.
(4) Disciplinary probation.
(5) Suspension from the college.
(6) Expulsion from the college.
(7) Any combination of the above.

V. Procedures for Hearings Before the Student Appeals Committee

A. Procedural Duties of the Chief Student Services Officers
At least seven working days prior to the date set for hearing before the Committee, the Chief Student Services Officer shall send written notice to all involved and a certified letter to the student’s last known address providing the student with the following information:

1. A restatement of the charge or charges.
2. The time and place of the hearing.
3. A statement of the student’s basic procedural rights.
4. A list of witnesses.
5. The names of Committee members.

On written request of the student, the hearing may be held prior to the expiration of the seven-day advance notification period, if the Chief Student Services Officer concurs with this change.

B. Basic procedural rights of students include the following:

1. The right to counsel. The role of the person acting as counsel is solely to advise the student. The counsel shall not address the Committee. Payment of legal fees is the responsibility of the student.
2. The right to produce witnesses on one’s behalf.
3. The right to request, in writing, the President to disqualify any member of the committee for prejudice or bias. (At the discretion of the President, reasons for disqualification may be required.) A request for disqualification, if made, must be submitted at least 2 working days prior to the hearing. If such disqualification occurs, the appropriate nominating body shall appoint a replacement to be approved by the president.
4. The right to present evidence. The Committee may determine as to what evidence is admissible.
5. The right to know the identity of the person(s) bringing the charge(s).
6. The right to hear witnesses on behalf of the person bringing the charges.
7. The right to testify or to refuse to testify without such refusal being detrimental to the student.
8. The right to appeal the decision of the Committee to the President who will review the official record of the hearing. The appeal must be in writing and it must be made within seven working days after receipt of the decision.

C. The Conduct of the Committee Hearings
1. Hearings before the Committee shall be confidential and shall be closed to all persons except the following:

a. The Student. The hearing may be conducted without the student present if the student ignores the notice of the hearing and is ab- sent without cause.
b. Counsels of the accused, the grievant and the college.
c. A person, mutually agreed upon by the student and the Commit- tee, to serve in the capacity of re- corder.
d. Witnesses who shall:
(1) Give testimony singularly and in the absence of other witness.
(2) Leave the Committee meeting room immediately upon completion of the testimony.

2. The Committee shall have the authority to adopt supplementary rules of procedure consistent with this code.
3. The Committee shall have the authority to render written advisory opinions concerning the meaning and application of this code.
4. The conduct of hearings before this Committee is unaffected by charges of local, state, or federal authorities against the student for acts that are the same, or similar to, charges of misconduct to be heard by the Committee. Two separate jurisdictions are involved in such cases. Therefore, hearings may be held and decisions rendered independent of any resolution by the court system.
5. Upon completion of a hearing, the Committee shall meet in executive session to determine concurrence of non-concurrence with the original finding and to impose sanctions, if applicable.
6. Decisions of the Committee shall be made by majority vote.
7. Within two working days after the decision of the committee, the Chief Student Services Officer shall send a certified letter to the student’s last known address providing the student with the Committee’s decision.

D. Appeals to the President
When the student appeals to the President, whose decision is final, shall have authority to:

1. Receive from the student an appeal of the Committee’s decision.
2. Review the findings of the proceed- ings of the Committee.
3. Hear from the student, the Chief Stu- dent Services Officer, and the mem- bers of the Committee before ruling on an appeal.
4. Approve, modify, or overturn the decision of the Committee.
5. Inform the student in writing of the final decision within ten working days of the receipt of the appeal.
The Student Grievance Procedure for the South Carolina Technical College System
I. Purpose
The purpose of the student grievance procedure is to provide a system to channel student complaints against faculty or staff, concerning the following:

A. Alleged discrimination on the basis of age, sex, race, disability or other
conditions, preferences or behavior, excluding sexual harassment com- plaints.
B. Sexual harassment complaints should be directed to the Chief Stu- dent Services Officer. Because of the sensitive nature of this kind of com- plaint, a conference with the Chief Student Services Officer will replace the first step of the grievance proce- dure. The Chief Student Services Of- ficer will counsel with the student to determine that appropriate action that is required. If the grievance is not resolved after this meeting, then the remainder of the grievance pro- cedure will be followed.
C. Academic matters, excluding indi- vidual grades except where the conditions in item A above apply.

II. Definitions
When used in this document, unless the content requires other meaning:

A. “College” means any college in the South Carolina Technical Education System.
B. “President” means the chief execu- tive officer of the college.
C. “Chief Student Services Officer” means the chief student services per- son at the college or his or her desig- nee.
D. “Student” means a person taking any course(s) offered by the college ei- ther full time or part time.
E. “Instructor” means any person em- ployed by the college to conduct classes.
F. “Staff” means any employee of the college who was employed by the college for reasons other than con-ducting classes.
G. “Campus” means any place where the college conducts or sponsors educational, public service, or re- search activities.
H. “Administrative Officer” means any one designated at the college as be ing on the administrative staff such as President, Vice-President, Dean of Students or student services, Chief Academic Officer, Dean of Instruction, or Business Manager.

III. Procedures
A. First Step
The student must go to the instructor or staff member where the alleged problem originated. An attempt will be made to resolve the matter equitably and informally at this level. The conference must take place within ten working days of the incident which generated the complaint.

B. Second Step
If the grievance is not resolved at the informal conference, the student may file a written grievance. A grievance form shall be made available to the student by the Chief Student Services Officer. The Chief Student Services Officer will explain the grievance process to the student.
The completed grievance form must be presented to the Chief Student Services Officer within ten working days after satisfying the first step in the grievance process. The Chief Student Services Officer shall give written acknowledgment of receipt of the grievance form. This acknowledgment shall be given immediately or no later than two working days after receipt of the grievance form from the student. The Chief Student Services Officer will then refer the grievance to the immediate supervisor involved. The supervisor shall respond in writing to the student within ten working days of receipt of the grievance form from the Chief Student Services Officer. As a part of the effort to resolve the issue, the supervisor will consult with the accused and the Chief Administrative Officer of the division or component concerned.

C. Third Step
If the written statement of the supervisor does not satisfy the grievant, a request to appear before the Student Grievance Committee may be made. The student must submit a written request within 5 working days after receiving the written response of the supervisor. The request shall include a copy of the original grievance form and the reason why the supervisor’s response is unsatisfactory. A copy of the supervisor’s response must be attached to the request by the student.
The Chief Student services Officer shall notify immediately the President who shall ensure that the Committee is organized in a manner consistent with Section IV, A of this procedure (the Student Grievance Committee). The Chief Student Services Officer will send copies of the appeal to the members of the Committee, the employee, and the employee’s supervisor. The employee against whom the grievance was filed shall be given an opportunity to respond in writing to the chairperson of the Committee.
Meeting(s) shall be conducted between five and 15 working days following the date of the request. A postponement, if requested no later than five working days prior to the scheduled meeting, may be granted by the chairperson upon written request of either party.
The Committee shall hold interviews with the grievant, the employee, and the supervisor. The Committee may interview any additional witnesses that it considers necessary to render a fair decision.
The Committee shall decide by majority vote the solution of the grievance. In case of a tie, the chairperson shall vote and thus break the tie. The chairperson shall forward a copy of the Committee’s decision to all parties involved and to the office of the President of the college within 2 working days of the Committee’s decision.

D. Fourth Step
The Committee’s decision may be appealed by either party involved to the President of the college within ten working days of the Committee’s decision.
The President shall review the Committee’s findings, conduct whatever additional inquires that are deemed necessary and will render a decision within ten working days of receipt of the appeal. The decision of the President is final.

IV. The Student Grievance Committee
A. The Student Grievance Committee shall be composed of following:
1. Three students recommended by the governing body of the student body.
2. Two faculty members recommended by the chief instructional officer.
3. One Student Services staff member recommended by the Chief Student Services Officer.
4. One Administrator, appointed by the President of the college, who shall serve as chairperson of the Committee.
5. All recommended members must be approved by the President.

B. Purpose and Function of Grievance Committee
1. All student grievance committees are ad hoc and shall be formed to hear specific complaints. A new committee may be formed every time that a grievance covered under this procedure is filed.
2. Whenever a committee is formed, it may adopt additional rules and guidelines not in contradiction with these procedures.

C. Rights of the Parties involved in a Grievance
When a grievance committee meeting is scheduled, the parties involved are entitled to:

1. A written notice of the complaint.
2. A written notice of the time and place of the meeting. This notice shall be forwarded to all parties at least 5 working days prior to the meeting unless they waive this requirement.
3. Review all available evidence, documents or exhibits that each party may present at the meeting.
4. Have access to the names of the witnesses who may testify.
5. Appear in person and present information on his or her behalf.
6. Call witnesses who are dismissed following their questioning by all present and to ask questions of any person present at the meeting.
7. The right to counsel. The role of the person acting as counsel is solely to advise the client. The counsel shall not address the Committee.