Student Code Of Conduct PDF

Southwest Wisconsin Technical College (College) promotes a learning-centered environment dedicated to the advancement of personal growth and knowledge. The College believes every student has the right to pursue an education in a community that values respect, integrity, and inclusivity. To this end, the College prohibits conduct on its campus and in its student housing, which impedes learning, disrupts a peaceful campus environment, and does not promote a cohesive culture based on professionalism, fairness, and trust.

The Student Code of Conduct (Code) sets forth the rights and responsibilities of students at the College, outlines the process for addressing unacceptable behavior, and identifies a range of disciplinary consequences. The Code is designed to provide students with due process and procedural fairness, to ensure equal protection for all students, and to ensure consistency in the process and the consequences. At the same time, the Code reflects the need to consider the individual circumstances of each student, including prior disciplinary history. Further, when possible, the Code is intended to provide students an opportunity to align their conduct with the expectations of the College.

In general, matters involving behavioral misconduct will be addressed first by the Chief Student Services Officer, Executive Director of Safety, Security and Facilities, and/or Director of Public Safety and Advising, and matters involving academic misconduct will be addressed by the Chief Academic Officer. No matter the process implemented for each matter, final authority over all matters of student misconduct remains under the authority of the President of the College.

Jurisdiction

The Code applies to students (and their guests) on property owned, leased, or controlled by the College, Foundation or Real Estate Foundation, at College-sponsored activities and events, and in College housing. This Code may apply to off-campus activities and locations when conduct has an actual or potential adverse impact on the College community, including conduct which presents a danger or threat to the health or safety of self or others, significantly impinges upon the rights, property or achievements of self or others, significantly breaches the peace and/or causes social disorder, or is detrimental to the educational mission and/or interests of the College.

The Code applies to conduct that occurs in-person, in writing, via cellphone, and online via email or other electronic mediums including blogs, web postings, chats, and social networking sites.

Finally, the Code applies to all students enrolled in credit and non-credit courses.

Due Process

Students alleged to have violated the Code are entitled to the following due process:

• Written notice of the allegations;
• Timely investigation of the allegations;
• Notice of the applicable range of consequences;
• Opportunity to respond to the allegations and participate in the adjudicatory process, including the right to provide relevant information and witnesses; and
• Appeal, if applicable.

Behavioral Misconduct

The following conduct constitutes a violation of the Code and will subject a student to disciplinary action. Some violations below will also trigger a report to law enforcement.

1. Noncompliance with Policies and Procedures - Noncompliance with College policies and procedures applicable to students (and their guests) and student housing, including the lease and any other applicable housing regulations.
2. Noncompliance with Law - Noncompliance with any local, state, or federal law, including statutes, regulations, and ordinances.
3. Failure to cooperate with Southwest Tech administration or faculty - Failure to appear when requested at conferences, meetings, or hearings; failure to respond to verbal or written inquiries; knowingly furnishing false information, and failure to comply with a reasonable request regarding a Southwest Tech matter.
4. Failure to comply with a directive from Southwest Tech employee. Failure to comply with any verbal or written directive communicated in person, in writing, via cellphone, and online via email or other electronic medium.
5. Forgery - Alteration or misuse of any College document, record, form, or instrument of identification.
6. Trespassing - Unauthorized entry into or use of property owned, leased, or controlled by the College, Foundation or Real Estate Foundation or at College-sponsored events or activities. Unauthorized possession, duplication or use of keys/swipe cards/lock codes to any property owned, leased, or controlled by the College, Foundation or Real Estate Foundation.
7. Trademark - Unauthorized use (including misuse) of College names and images;
8. Misuse of Technology – Violation of the College’s Acceptable Use of Information Technology Services Resources Policy, and otherwise unethical, inappropriate, or illegal use of College technology and IT resources.
9. Use of Prohibited Items - The use of hover boards, drones, fireworks, explosives and other prohibited items is not permitted
10. Invasions of Privacy - Using electronic or other means to record or photograph any person in a location where there is a reasonable expectation of privacy. This includes, but is not limited to, recording or photography in shower/locker rooms, restrooms, and student housing. The storing, sharing, and/or distributing of such unauthorized recordings or photographs by any means is also prohibited.
11. Disruptive Behavior – Intentional or reckless conduct that disrupts College operations including, but not limited to: the obstruction of teaching, administration, activities which occur on the College campus (whether or not sponsored by the College); and acts that impair, interfere with, or obstruct the orderly conduct, processes and functions of the College. Classroom disruptions include conduct that a reasonable person would view as substantially or repeatedly interfering with faculty’s ability to teach or student’s right to learn. [See Classroom Disruptions Below]
12. Assault or Battery - Threats of physical harm or physical harm against another individual.
13. Disorderly conduct/fighting – Conduct which is inappropriately loud, lewd, indecent or obscene and conduct that constitutes prohibited behavior in designated areas (e.g. Knox Learning Center, Testing Center, Charley’s, housing, laboratory areas), with or without the presence of formal signage.
14. Abusive acts - Acts of verbal or physical abuse, or acts which intimidate, harass, threaten, coerce, or otherwise endanger the health or safety of any person or create a hostile learning or working environment.
15. Hazing - Doing, requiring or encouraging any forced activity, whether or not the act is voluntarily agreed upon, in conjunction with initiation, admission into, or continued membership or participation in any group that causes or creates a reasonable risk of mental or physical harm or humiliation. Hazing may include: any brutality of a physical nature, such as whipping, beating, or branding; forced consumption of any food, liquor, drug or other substance; forced confinement; or any other forced activity which endangers the physical health or safety of a student.
16. Bullying and cyberbullying – Deliberate or intentional behavior, including behavior conducted on computers, cell phones, and other electronic devices, using words or actions, intended to cause fear, intimidation or harm. Bullying and cyberbullying may be repeated behavior and involve an imbalance of power.
17. Sexual harassment under Title IX of the Education Amendments. Sexual harassment under Title IX is defined as follows:
    1. A College employee conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (often called “quid pro quo” harassment);
    2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or
    3. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)A(v), or “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).
    Reports of sexual harassment under Title IX will be addressed under the College’s Gender Discrimination and Sexual Misconduct (Title IX) policy at: Gender-Discrimination-Sexual-Misconduct-Title-IX-Pending-Approval.pdf (swtc.edu)
18. Gender Discrimination and Sexual Misconduct. Conduct in violation of the College’s Gender Discrimination and Sexual Misconduct policy in the Student Handbook (https://www.swtc.edu/uploadedpdfs/academic/Student-Handbook.pdf) 2021-2022, including but not limited to verbal, written or physical conduct that is sufficiently serious (i.e. severe, persistent or pervasive) as to limit or deny an individual’s ability to participate in or benefit from the college’s programs; unwelcome or unwanted and forced or coerced sexual intercourse or sexual contact; making unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature, and/or unwelcome verbal or physical contact of a sexual nature; and sexual abuse of individuals through the exchange of sex or sexual acts for drugs, food, shelter, protection, other basics of life, and/or money.
19. Weapons – Unauthorized use, possession or distribution of weapons, firearms, explosives or hazardous objects or substances on property owned or leased by the College, Foundation or Real Estate Foundation or at College-sponsored events. Weapons include knuckles; a nunchaku or any similar weapon; knives; a knife blade; baton of any type; explosive devices of any type; "look-alike" instruments or weapons (e.g., BB gun, pellet gun, or any instrument designed to look like a weapon); and pepper spray or any other device used in a threatening and/or unlawful manner. The following are exempt from this provision:
    1. Authorized law enforcement officers in uniform or plain clothes officers with a badge on display.
    2. Individuals participating in authorized law enforcement training activities.
    3. Individuals transporting firearms for authorized training classes.
    4. The possession of handguns is permitted in parking and outdoor areas when in the possession of properly licensed persons to the extent required by law.
    5. The possession of knives as eating utensils or for the purpose of food preparation or as tools when authorized by an instructor (such as in a lab setting) is permitted.
20. Brandishing objects - Displaying, showing, waving, or exhibiting any object in a manner which a reasonable person might find threatening.
21. Illegal use of substances - Illegal use, possession, sale, or distribution of controlled substances, associated paraphernalia, and/or alcohol on property owned or leased by the College, Foundation or Real Estate Foundation or at College sponsored activities.
22. Retaliatory acts – Conduct that harms, threatens to harm, harasses, intimidates, or bullies for the purpose of discouraging the filing of a complaint or acting as a witness in a complaint proceeding or for the purpose of reprisal against any person or group who initiated a complaint or any person who acted as witness in such a proceeding.
23. Theft - Intentional and unauthorized taking of property owned or leased by the College, Foundation or Real Estate Foundation or property of any visitor or member of the College Community.
24. Damage to Property – Intentional damage to property owned, leased, or controlled by the College, Foundation or Real Estate Foundation or property of any visitor or member of the College Community.
25. False reports – Knowingly making false reports of an alleged occurrence or impending occurrence knowing that such false report is likely to cause: evacuation of a building, place of assembly, or transportation facility; public inconvenience or alarm; or an emergency response.
26. Endangering Safety - Failing to report a fire, interfering with the response of the College or public officials to emergency calls or engaging in similar conduct which demonstrates a disregard for safety or property. Endangering safety may occur due to action (e.g., making a bomb threat or pulling a fire alarm) or inaction (e.g., failing to report).

Classroom Disruptions

Both instructors and students have a right to an educational environment which is conducive to learning. It is the responsibility of instructors to create and maintain this environment in individual classes. Nothing in the Code is intended to infringe upon the academic freedom of instructor or student. To this end, the College will adhere to two fundamental principles:

1. Students have the right to express opinions germane to the subject matter of a course.
2. Instructors have the right to guide classroom discussion and to set reasonable time limits on discussion.

The responsibility for striking a balance between these principles rests with instructors.

Disruptive Behavior:

Disruptive behavior includes conduct in and out of the classroom that a reasonable person would view as substantially or repeatedly impairing, interfering with, or obstructing the orderly conduct, processes, and functions of the College or the rights of other members of the College community to teach or learn.

If a student is disruptive in class, the instructor will generally first talk with the student informally outside of class to articulate the problem and expectations clearly. Under most circumstances, the instructor will address the behavioral disruptions outside of class.

If a student engages in behavior disruptive to the learning environment, the student may be denied access to the classroom upon the instructor’s determination that the behavior impedes student learning and/or the health and safety of peers, self, or the staff. The instructor will notify the immediate supervisor of the disruptive activity, and the instructor and Academic Program Dean will determine best course of action, up to and including denied access and/or dismissal of the course. This restriction of access may apply to online classrooms as well as face-to-face classrooms.

In some instances, it may be necessary to dismiss the student from class immediately for that class period only and discuss the matter after class. The instructor is strongly encouraged to document the meeting and all other activity. When a student is denied access to the classroom due to behavioral misconduct, the related Academic Program Dean and Chief Academic Officer will be notified within three (3) business days. Students who are removed from class have a right to due process procedures to ensure fair treatment in such circumstances.

If the instructor feels that there is an immediate threat to the health or safety of others, the instructor will call 9-911(from a college phone) or 911 from a mobile device and then call the Executive Director of Facilities, Safety and Security. A Behavioral Intervention Team ticket MUST be submitted if a faculty or staff members feels there is a threat to safety and security.

Common Disruptive Behaviors:

Examples of disruptive behavior include, but are not limited to:

• Persistent late arrival or departure that disrupts the class
• Repeated cell phone use during class
• Intentionally disrupting class with use of language or physical behaviors
• Loud and/or frequent interruption of class flow with inappropriate questioner remarks
• Persistent contact outside of class that hampers the instructor’s ability to do normal work or assist other students
• Belligerent behavior
• Verbal and/or physical threats
• Threatening or harassing emails, letters, messages or voicemails
• Inappropriate contact at the instructor’s home
• Any behavior indicating a romantic or obsessive interest
• Distressing, disturbing or other dangerous behaviors

Disruptive behavior, particularly when such behavior is repeated, threatening, harassing or dangerous, is a violation of the Student Code of Conduct and shall be handled accordingly.

Behavioral Misconduct Procedure & Sanctions

Any member of the College community may report a violation of the Code. Individuals who report a violation are referred to as “complainants” and individuals alleged to have violated the Code are referred to as “respondents.” Reports should be made using the reporting form on the college website or reported directly to the Chief Student Services Officer. Reports should be sent as soon as possible following the alleged conduct to ensure timely investigation. All reports of behavioral misconduct made to other College employees will be referred to the Chief Student Services Officer or designee.

Complaints of behavioral misconduct will be addressed through the procedures set forth below. Complaints of sexual harassment under Title IX of the Education Amendments of 1972 will be addressed under the College’s Title IX: Prohibition of Sexual Harassment policy.

Generally, the process for addressing reports of behavioral misconduct will be completed within sixty (60) days although the College reserves the right to extend the timeline when necessary to complete an investigation.

Note: When the severity of the circumstances warrants, the Chief StudentServices Officer, Executive Director of Facilities, Safety, & Security, Director of Public Safety & Advising, Vice President of Administrative Services, Chief Human Resources Officer, and/or President may impose upon the respondent a temporary suspension or separation from the College, including classes and College housing.

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Academic Consequences and Sanctions

Academic Misconduct will be addressed by the procedure set forth below.

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