CODE OF CONDUCT
When students fail to maintain a reasonable standard of conduct on campus, at the instructional centers or at any college-sponsored activity, they may be subject to disciplinary action. Disciplinary proceedings shall commence only after the student has been counseled or warned about improper conduct.
SBC forbids the possession and/or use of alcohol and/or drugs on campus. Sitting Bull College will specify those standards of behavior, which it considers essential to its educational mission and its community life. These specific regulations shall be designed to represent reasonable standards of student conduct.
The following misconduct for which students are subject to college discipline applies to all times on campus and any off campus functions sponsored or supervised by the college.
1. Plagiarism is from a Latin word for kidnapper. The act of kidnapping is the act of stealing. To use someone else’s ideas or words as one’s own would qualify as having plagiarized or stolen their work. Plagiarism can be applied to written work (i.e., papers, diagrams, statistical tables), to material from the Internet, CD-ROM’s or other electrical sources and to examinations and tests.
2. Dishonesty, such as cheating or knowingly furnishing false information to the college.
3. Forgery, alteration, or misuse of college documents, records, or identification.
4. Obstruction or disruption of teaching, research, administration, disciplinary proceedings, or other college activities including its public service functions or of other authorized activities.
5. Physical abuse of any person or conduct, which threatens or endangers the health or safety of any such person.
6. Theft of or damage to property of the college, its Board, employees, students or visitors.
7. Unauthorized entry to or use of college facilities.
8. Intoxication from the use of alcohol or being under the influence of unlawful drugs, or unlawfully distributing, selling, or possessing drugs/alcohol on college property or at events sponsored by the college.
9. Failure to comply with directions of college official acting in performance of their duties.
10. Any act that injures, degrades, or disgraces, any fellow student or person attending the college.
PROCEDURAL STANDARDS IN DISCIPLINARY PROCEEDINGS
In developing responsible student conduct, disciplinary proceedings shall commence only after the student has been counseled or warned about said conduct from the Vice President of Academics or the Vice President of Student Services. The college will establish a method for imposing discipline, which complies with the requirements of due process. In all situations the student will be informed of the nature of the charges against him/her; that he/she be given an opportunity to refute them; that the institution not be arbitrary in its actions; and that there be provisions for appeal of a decision. The college has an obligation to specify those standards of behavior, which it considers essential to its educational mission defined as clearly as possible and interpreted in a manner consistent with principles of relevancy and reasonableness. Disciplinary proceedings will be instituted only for violations of standards of conduct.
ADMINISTRATION OF THE CODE OF STUDENT CONDUCT
1. The Vice President of Academics and Vice President of Student Services will be responsible for administering the Code of Conduct and for the general conduct of students. Any person who has knowledge of any such violations after referred to, as the Code, shall report all violations of law and the Code of Conduct herein immediately to the Vice President of Academics or the Vice President of Student Services.
2. The Vice President of Academics and Vice President of Student Services will ensure that the best interest of any student charged with an offense is served by making use of appropriate counseling or other professional services deemed necessary. The Vice President of Academics and the Vice President of Student Services in seeking professional assistance and advice shall consult with a minor student's parent(s) or guardian(s).
3. In cases of violations of the Code, the Vice President of Academics and Vice President of Student Services will impose those sanctions, which he/she deems appropriate and will inform the student of the decision in writing. He/she will further inform the student charged with misconduct and the disciplinary action. He/she will further inform the student of his/her right of appeal to the Student Appeals Board. The Student Appeals Board shall sustain, modify, or overrule the decision of the Vice President of Academics or the Vice President of Student Services.
STUDENT APPEALS BOARD
PROCEDURE
The request for a hearing in front of a Student Appeals Board must be in writing to the Vice President of Academics or Vice President of Student Services. It will be the Vice President of Academics or the Vice President of Student Services responsibility to assemble the Student Appeals Board. A hearing before the Student Appeals Board must take place within three (3) days, whenever possible. If the student does not appeal, the decision of the Vice President of Academics or the Vice President of Student Services will be final.
The student will be given written notice at least three (3) school days prior to the scheduled hearing. The Student Appeals Board shall meet within 14 calendar days of receipt of the written appeal by the student.
1. Membership of the Student Appeals Board shall consist of:
a. One faculty selected by the Vice President of Academics
b. Two students - the President of the Fort Yates Student Body and one student at-large
c. One Board of Trustees member
d. The Vice President of Academics or the Vice President of Student Services (non-voting member)
e. One counselor selected by the Vice President of Student Services
f. One board of Trustees Member
2. All members will have equal votes. The President of the Student Government will serve as Chairman of the Board.
3. Four out of five committee members will make a quorum. In the absence of the permanent chairman, the President of the College will designate an acting person from the Student Government.
4. A majority vote of those present will be required on all decisions of the Board.
POLICY
1. The student appealing before the Student Appeals Board shall have the right to be assisted in his/her defense by an advisor of his/her choice.
2. Burden of proof shall rest upon the college. Each official charging a student of misconduct must be prepared to substantiate the charge.
3. The student shall be given an opportunity to testify and to present evidence and witnesses. He/she shall have an opportunity to hear and question the adverse witnesses. The Appeals Board shall not consider statements against the student unless he/she has been advised of their content and of the names of those who made them. The student must be given an opportunity to rebut unfavorable inference, which might otherwise be drawn.
4. All matters upon which the decision may be based must be introduced as evidence at the Appeals Board meeting. The decision shall be based solely upon the evidence.
5. A qualified secretary will provide an accurate record of all proceedings. A tape recording will be authorized if requested by the accused.
6. Proceedings shall be orderly. If the Chairperson of the Board feels that any person present is disruptive he/she may be excluded from the hearing. Such disruptive conduct may be the basis for subsequent disciplinary action against such persons, including expulsion from college.
7. After the commencement of the hearing, the chairperson will notify the student that he/she may challenge, for stated causes, the qualification of any member sitting on the case. If the challenge is upheld by a majority vote of the Board members, the challenged member will be disqualified from sitting on the Appeals Board for that particular case.
8. The hearing shall be private if requested by the student charged.
9. A student may elect not to appear at the hearing. The Board members will base their decision on the evidence presented.
10. The decision of the Appeals Board shall be final, subject only to the student's right of appeal to the President of the college and ultimately to the SBC Board of Trustees.
WHAT CAN I DO IF I FEEL I AM BEING TREATED UNFAIRLY?
It is the policy of the College that all students have at their disposal specific and equitable procedures, which afford due process for resolving grievances.
A grievance is a result of an alleged unfair, inequitable or discriminatory interpretation, application, or implementation of college policy or procedure. You may obtain a copy of the grievance procedure from the Office of the Vice President of Academics or Vice President of Student Services.
GRIEVANCE PROCEDURE
In a relationship of student to instructor and staff member of SBC, misunderstandings can develop. Therefore, it is imperative that a formalization of procedures be developed to disarm any situation that can develop and also give the student an avenue for correction of a problem. It is the intent of this policy to alleviate any feelings of retribution or prejudice that can arise from problem situations. To assist the student, instructor, staff member, and the college in arriving at a fair and unbiased decision, this procedure will strive to assist in resolving disputes and conditions.
1. Initial Grievance: The student must discuss the grievance with the instructor or staff member from whom the disagreement stems. If the matter cannot be settled at this point, the student then has the responsibility to confer with the Vice President of Academics or Vice President of Student Services. The student may ask one of the Counselors’ to attend the meetings with the student.
2. Submission of Written Grievance: If the student is not satisfied with the verbal conference with the Vice President of Academics or Vice President of Student Services she/he must submit a written grievance to the Vice President of Academics or Vice President of Student Services within five (5) working days and she/he will receive a written response from the Vice President of Academics or Vice President of Student Services within five (5) working days.
3. Grievance Committee: If the student is not satisfied with the written response, she/he has five (5) working days to request in writing that a grievance committee hear the matter. This request is given to the Vice President of Academics or Vice President of Student Services and a hearing will be scheduled within five (5) working days.
The committee shall be comprised of the following:
a. Vice President of Academics or Vice President of Student Services
b. One counselor selected by the Vice President of Student Services
c. One faculty member selected by the Vice President of Academics
d. One staff member selected by the Vice President of Student Services
e. One member of the SBC Student Government selected by the grieving student
f. One Board of Trustees member
The recommendations of this committee will be given to the SBC President within five (5) working days of the hearing. The President will have an additional five (5) working days to decide whether to accept the recommendation of the committee or to render a different decision. The President will notify the student in writing within that time frame.
The decision of the President is final and there are no further means of appeal to be made.
SEXUAL HARASSMENT
Sexual harassment is a form of sex discrimination, which is prohibited by law. It is the policy of the College that sexual harassment is unacceptable and shall not be tolerated and that no member of the College community may sexually harass another.
Sexual harassment is unwelcome sexual conduct that is either implicitly or explicitly a term or condition of employment or academic advancement. There are two types of sexual harassment, “quid pro quo” and “environmental”.
“Quid pro quo harassment” - occurs when submission to or rejection of unwelcome sexual conduct by an individual is used as the basis for employment decisions or academic decisions that affect such individuals.
“Environmental sexual harassment” - is unwelcome sexual conduct that unreasonably interferes with an individual’s job or academic performance or creates an intimidating, hostile, or offensive working or academic environment, even if it leads to no tangible or economic job consequences.
PROCEDURE
Any complaint or sexual harassment should be handled in the following manner:
1. The person making the complaint should try to resolve the issue with the person who this complaint is made. This should be done through a constructive and agreeable manner. This may be done verbally or in writing.
2. If the situation continues the issue must immediately be taken to Sitting Bull College’s President, Vice President of Academics, or Vice President of Student Services for informal discussion with both parties.
3. When such facilitative measures do not remedy the situation and merit for probable cause is determined, a hearing committee made up of three members (selected by SBC President) will be authorized to form a binding agreement to resolve the sexual harassment situation.
4. Any further violation will result in written reprimand and possible suspension of employment or in the case of a student, disciplinary dismissal until treatment or counseling or both is received.
5. Termination or expulsion will result should behavior continue.
