Student Services

Frequently Asked Questions Regarding Student Conduct

 

What are my options for responding to an allegation of student misconduct?

  1. Not respond – An investigation will be completed and you will possibly be assigned a sanction without being able to provide your input in the investigation process.
  2. Respond – You will be able to participate in the investigatory process and provide your input regarding the allegations. After the investigation, you will be given an opportunity to agree to the sanctions imposed or appeal and/or request a formal hearing.

Will disciplinary sanctions appear on my transcript?

Not unless it involves a separation from the college or hold on record (i.e. suspension, dismissal, or expulsion).

Will potential employers have access to my judicial record?

Not unless you sign a statement or release of information giving them permission to have access.

Can I have an attorney at my hearing?

A College hearing is an administrative hearing, not a criminal proceeding. You are allowed to have someone present to advise you during the hearing, but they are not allowed to participate in the actual hearing. This person could also be a friend, family member, or other support person.

Why would there be a hearing at the College if it is a matter that is already charged in the courts?

Dual jurisdiction. You are held responsible for your behavior at the College. While the College does not consider your behavior as a violation of law (as the Court may), they consider it a violation of the MCTC Student Code of Conduct of the College.

Who has access to my file?

Any person who works for the Office of Student Rights & Responsibilities and anyone who works within the College who has a legitimate educational interest to know (advisors, instructors and administrators, etc.).

  1. The Office of Student Rights & Responsibilities is required to follow the Family Education Rights and Privacy Act and Minnesota Statute Section 13.04.
  2. If you are under 18 years old, your parents or guardian can be notified.
  3. If you have a court appointed legal guardian.
  4. If you are over 18 years old, you can sign a release for file information to anyone including parents, attorneys, etc. Copies of the file would only be given to you personally.
  5. If you do not sign a release, no information would be available to others unless there is a court order, subpoena, health or safety concern for you or others, or if permitted by another federal or state law.

What is a warning?

A warning can be an oral or written reprimand that may become a part of your permanent conduct file.

What is restitution?

Restitution is payment required to the College or other persons, groups, or organizations for damages occurred.

What is probation?

Probation is a sanction that may be assigned for a definite period of time. ‘Unlimited probations’ Student behavior is monitored and future violations of the student code of conduct may result in further disciplinary action.

What is a loss of College privilege?

Loss of a College privilege is an order directing a student not to have contact with another member of the College community or use of facilities.

What is suspension?

Suspension is the denial of the privilege of enrollment for a specific period of time after which a student is eligible to return. Conditions for re-admission may be specified.

What is long-term suspension?

Long- term suspension is a suspension from the College that remains in effect for longer than 10 (ten) days. Conditions for re-admission may be specified.

What is a summary suspension?

A summary suspension is a suspension imposed without an investigation, informal, or formal hearing to ensure the safety and well-being of members of the College community.

What is expulsion?

Expulsion is termination of student status.

Who can file a report of student misconduct?

Any member of the MCTC community can file a written complaint of student misconduct; this includes faculty, staff, students and visitors to the College. The report for student misconduct can be found here: Report of Alleged Student Misconduct.

Reports can be submitted to the Office of Student Rights & Responsibilities, K.1300 or via e-mail at studentconduct@minneapolis.edu.

What is an informal hearing?

If the Office of Student Rights & Responsibilities or designee feels that there is sufficient evidence to support a complaint, the Student Conduct Officer or designee shall offer the accused student an opportunity to resolve the violation at an informal meeting. The student or students will be notified of their right to the informal meeting orally or by mail to the last known mailing address on file in the College records office.

Prior to or at the beginning of the informal meeting, the student must be provided with the following information:

  • An oral or written notice of the complaint.
  • A copy of the Student Code of Conduct.
  • An oral or written notice of a summary of the evidence to support the complaint specific policy he/she is accused of violating.
  • A Tennessen Notice.

During the informal meeting, the Student Conduct Officer or designee shall review the complaint and evidence with the student and allow the student to present a defense against the complaint. The accused student may have an advisor or attorney present. However, the advisor or attorney may not participate in any questioning or advocate on behalf of the student.

Within a reasonable time period following the meeting, the Student Conduct Officer or designee shall inform the accused student in writing of his/her decision whether a violation of the code was established by a preponderance of evidence and any applicable sanction as well as options available for an appeal meeting or formal hearing.

What is a formal hearing?

A student who has received a sanction of a long-term suspension or expulsion may accept the sanction or may request a formal hearing. A request for formal hearing must be made in writing to the Student Affairs Administrator identified in the notice of sanction, and received within ten (10) business days after the outcome notice is e-mailed to the student’s College assigned e-mail account. Failure to request a formal hearing in writing within the ten (10) day time period presumes acceptance of the sanction. The student may elect to have a hearing before the Student Affairs Administrator or before a College Conduct Committee made up of members of the College community.

Formal hearing requests are submitted to:

Becky Nordin
Minneapolis Community and Technical College
1501 Hennepin Avenue
Minneapolis, MN 55403
E-mail: Becky.Nordin@minneapolis.edu
Phone: 612-659-6712

How can I have a formal hearing or submit an appeal to the informal hearing?

A student who has received a sanction other than a long-term suspension or expulsion has a right to an appeal meeting with a college administrator. A request for an appeal meeting must be made in writing to the college administrator identified in the notice of sanction, and received within ten (10) business days after the outcome notice is e-mailed to the student’s College assigned e-mail account.. Failure to request an appeal meeting in writing within the ten (10) day time period presumes acceptance of the sanction.

A student who has received a sanction of a long-term suspension or expulsion may accept the sanction or may request a formal hearing. A request for formal hearing must be made in writing to the Student Affairs Administrator identified in the notice of sanction, and received within ten (10) business days after the outcome notice is e-mailed to the student’s College assigned e-mail account. Failure to request a formal hearing in writing within the ten (10) day time presumes acceptance of the sanction. The student may elect to have a hearing before the college administrator or before a College Conduct Committee made up of members of the College community.

Appeals are submitted to:

Becky Nordin
Minneapolis Community and Technical College
1501 Hennepin Avenue
Minneapolis, MN 55403
E-mail: Becky.Nordin@minneapolis.edu
Phone: 612-659-6712

What is the College Conduct Committee?

The College Conduct Committee are members of the MCTC community that are trained to hear conduct proceedings and make recommendations to the college administrator.

Do I have the right to an appeal?

Yes. The following are guidelines for grounds of an appeal:

  1. New evidence not reasonably available at the time of the hearing violation or hearing procedures;
  2. Violation of student’s due process rights;
  3. Inconsistency of sanction relative to violation; and
  4. Decisions contrary to weight of evidence.

How do I submit an appeal?

A student who has received a sanction other than a long-term suspension or expulsion has a right to an appeal meeting with a Student Affairs Administrator. A request for an appeal meeting must be made in writing to the Student Affairs Administrator identified in the notice of sanction, and received within ten (10) business days after the outcome notice is e-mailed to the student’s College assigned e-mail account.. Failure to request an appeal meeting in writing within the ten (10) day time period presumes acceptance of the sanction.

Appeals are submitted to:

Becky Nordin
Minneapolis Community and Technical College
1501 Hennepin Avenue
Minneapolis, MN 55403
E-mail: Becky.Nordin@minneapolis.edu
Phone: 612-659-6712

What happens if I do not submit my appeal within ten (10) days?

Failure to request an appeal or formal hearing within ten (10) days presumes acceptance of the sanction.

What if I contest the outcome of the formal hearing?

If a long term suspension or an expulsion is upheld by the college administrator, the student has the right to appeal the decision before an administrative law judge pursuant to Minnesota Statutes Chapter 14. A student seeking a hearing before an administrative law judge must inform the Vice President of Student Affairs within ten (10) days of receiving notice of the College hearing officer or committee final formal decision. The college will request a hearing from the Office of Administrative Hearings. The student will be notified of the time, place and date of hearing.

The hearing will be conducted pursuant to Contested Case Procedures adopted by the Office of Administrative Hearings. An administrative law judge will be appointed by the Chief Administrative Law Judge pursuant to Minnesota Statute section 14.50.

Following the hearing, the administrative law judge shall make a report, which contains a recommendation, to the College President.

Within a reasonable time period following receipt of the administrative law judge's recommendation, the College President shall make a decision. The President's decision shall be final.

Where can I find a copy of the Student Code of Conduct?

The Student Code of Conduct can be found here.