Chapter 3: Student Affairs03:05:04 Academic, Non-Academic and Classroom Misconduct
Related Policies and Guidelines
SACSCOC Complaints Against SACSCOC or its Accredited Institutions
TBR Policy 1.02.11.00 Appeals to the Chancellor and the Board
TBR Policy 1.06.00.05 Uniform Procedures for Cases Subject to the Uniform Administrative Procedures Act
TBR Policy 3.02.00.01 General Policy on Student Conduct and Disciplinary Sanctions
TBR Policy 3.02.01.00 Student Due Process Procedure
TBR Rule 0240-02-03 Student Conduct and Disciplinary Sanctions
NeSCC Policy 03:05:00 Expectations of Students and Student Code of Conduct
NeSCC Policy 03:05:03 Disciplinary Offenses
NeSCC Policy 03:05:05 Disciplinary Sanctions
NeSCC Policy 03:05:06 Disciplinary Procedures
NeSCC Policy 06:43:00 Student Discipline Committee
NeSCC Policy 06:51:00 Academic Discipline Committee
Northeast State Community College, in the implementation of Tennessee Board of Regents (TBR) regulations pertaining to discipline and conduct of students, ensures the constitutional rights of students by affording a system of constitutionally and legally sound procedures, which provide the protection of due process of law. In furtherance of this mandate, Northeast State has enacted policies, which are in compliance with TBR Rule 0240-02-03 and TBR Policies 3.02.00.01 and 3.02.01.00 , as well as all state and federal law. All disciplinary procedures are affirmatively communicated to the faculty, staff, and students of the institution as well as published in appropriate websites, handbooks, or manuals.
The instructor has the primary responsibility for controlling class (which for these rules includes any remote class and/or offsite class such as a clinic site or other nontraditional class environment) behavior and responding to disruptive conduct. The instructor may order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or other conduct that violates these rules for each class session during which the conduct occurs. Extended or permanent exclusion from the classroom beyond the session in which the conduct occurred or further disciplinary action can be affected only through appropriate procedures set forth in these rules.
- Classroom Misconduct. The instructor has the primary responsibility for maintenance of academic integrity and controlling classroom behavior and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct that violates the general policies of the institution for each class session during which the conduct occurs. Extended or permanent exclusion from the classroom, beyond the session in which the conduct occurred, or further disciplinary action can be affected only through appropriate procedures of the institution. Classroom misconduct includes other conduct prohibited in handbooks for specific programs of study. An instructor shall notify the appropriate academic dean of any action regarding misconduct immediately following all incidents of classroom misconduct. Should the classroom misconduct rise to the level of academic or non-academic misconduct, the applicable grievance procedure, below, shall be followed.
- Disruptive Behavior. Disruptive behavior in the classroom may be defined as, but not limited to, behavior that obstructs or disrupts the learning environment (e.g., offensive language, harassment of students and professors, repeated outbursts from a student which disrupt the flow of instruction or prevent concentration on the subject taught, failure to cooperate in maintaining classroom decorum, etc.), text messaging, and the continued use of any electronic or other noise or light emitting device which disturbs others (e.g., disturbing noises from electronic or mobile devices.). Disruptive behavior in the classroom includes other behaviors prohibited in handbooks for specific programs of study. An instructor shall promptly notify campus police regarding any incident that may rise to safety concerns. Should the disruptive behavior rise to the level of non-academic misconduct, the applicable grievance procedure, below, shall be followed. An instructor has the right to temporarily remove a disruptive student from a classroom.
- Academic Misconduct. Plagiarism, cheating, fabrication, and other forms of academic dishonesty are prohibited. Students guilty of academic misconduct, either directly or indirectly, through participation or assistance, are immediately responsible to the instructor of the class. An instructor shall notify the appropriate academic dean prior to any action.
Students responsible of academic misconduct, either directly or indirectly, through participation or assistance, are immediately responsible to the instructor of the class. In addition to other possible disciplinary sanctions that may be imposed in accordance with these rules and institutional restatement of these rules, the instructor has the authority to take academic discipline consistent with these rules and institutional restatement of these rules, procedures, and processes.
An instructor who determines that a student has engaged in academic misconduct may choose to exercise academic discipline by lowering to any extent, including to a grade of “F” or “zero,” a student’s grade in the course, assignment, or examination affected by the alleged academic misconduct.
An instructor who initiates academic discipline shall inform the appropriate Chair and Dean (or other individual(s) identified by the institution) in writing
of the finding of academic misconduct, the basis thereof, the academic discipline imposed, and the appeals process within five (5) days of the imposition of academic discipline.
A student may not withdraw from a course pending final resolution of an allegation of academic misconduct. Students are permitted and encouraged to continue attending class until the academic disciplinary decision, including all appeals, is final.
A student charged with academic misconduct has the option of either accepting the academic discipline imposed by the instructor or initiating the appeals process to challenge the allegation of academic misconduct or the severity of the academic discipline. If the student does not respond in writing within five (5) days by either accepting or appealing the academic discipline to the institutional academic misconduct appeals committee, the student waives the right to contest the academic discipline, at which time it becomes final.
An institutional Academic Misconduct Appeals Committee shall consist of at least three (3) individuals and include at least one (1) student. The chief academic officer or other administrator identified by the institution will assemble the committee and coordinate the hearing but will not participate on the committee. Any individual who has an interest in the incident, a conflict of interest, or a bias is not permitted to serve on the committee. An institution may maintain standing pools from which individuals may appointed and/or appoint ad hoc academic misconduct appeals committees. At a technical college, the President has the authority to appoint a single administrator to perform the functions of the Academic Misconduct Appeals Committee and to effectuate the processes identified in this rule.
The Academic Misconduct Appeals Committee will set a hearing date that is within fifteen (15) business days of receipt of date of the student’s appeal. The student must receive at least seven (7) calendar days’ notice of the date, time, and location of the hearing. A student will be notified of the due process protections provided for in TBR Rule 0240-02-03-.06.
The Academic Misconduct Appeals Committee will conduct the appeal hearing, consider the evidence presented, and make a decision based on a simple majority vote using a preponderance of the evidence standard. The committee can either uphold, overturn, or lessen the academic discipline. The results of the committee’s decision will be conveyed to the student in writing, through the chief academic officer or other individual identified by the institution, within ten (10) business days of the hearing.
If the Academic Misconduct Appeals Committee upholds or lessens the academic discipline, the student may appeal in writing to the president within five (5) business days following receipt of the decision of the committee. The President will make a decision within ten (10) business days. The President’s decision is final.
The institution’s chief academic officer, president, or other administrator identified by the institution has the ability to extend any deadline in this section for good cause and upon written notice to the student.
In addition to academic discipline, a student who is found responsible for academic misconduct, either one (1) or more times, may be subject to disciplinary sanctions in accordance with these rules.
The institution shall maintain permanently all submissions by the student and all decisions of institutional officials and committees relating to academic misconduct.
- Non-Academic Misconduct. All other forms of violations of student conduct policies. These violations will be referred to the Dean of Enrollment Management and Dean of Students. The Dean of Enrollment Management and Dean of Students is responsible for the management of non-academic misconduct by students. This conduct may include but is not limited to, hazing, bullying and/or non-criminal acts of violence.
Northeast State utilizes Academic and Non-Academic grievance procedures. These procedures can be found here NeSCC Policy 03:05:06.
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|Divisional Review Responsibilities Checklist: Institutional Excellence and Student Success|
Revision History: April 2014; Revision: June 2015; July 2015; June 2016; Oct. 2017; Revised Nov. 2019; Edited Dec. 2019; Edited Jan. 2020; Edited Feb. 2021;Edited Oct. 2021; Revised Aug. 2022