Student Rights and Responsibilities

Student Responsibility for Catalog Changes

Each student is responsible for being familiar with the information and policies appearing in the College catalog. The College catalog is available at www.nicc.edu/catalog. Northeast Iowa Community College reserves the right to change policies or procedures or revise the information contained in the catalog at any time. Students should refer to the online catalog for the most current College policies and processes. Failure to read the policies and procedures will not be considered an excuse for non-compliance. Should the institution feel obligated for reasons including, but not limited to, low enrollment or financial constraints, the College reserves the right to terminate any courses or programs from its offerings. The College reserves the right to change policies or revise curricula as necessary due to unanticipated circumstances.

Student Conduct Code and Procedures

Community Standards & Student Code of Conduct Overview 

Northeast Iowa Community College has established standards of behavior, outlined in the Code of Conduct, that apply to all students and organizations, regardless of credit or enrollment status. Grounded in the College’s Mission and Vision and guided by the RISE Values-Respect, Innovate, Serve, and Engage-these standards set clear expectations for behavior while promoting civility, accountability, and community wellbeing. Students are expected to follow the Code of Conduct, and when violations occur, the conduct process is educational in nature and serves as an opportunity for students to learn, reflect, and grow.

NICC defines civility as treating others-and ourselves-with respect, dignity, and care. Sanctions and resolutions are determined on a case-by-case basis, with Conduct Officers balancing individual circumstances and developmental outcomes with the safety, integrity, and essential needs of the College community. Through this approach, NICC maintains a safe and effective learning environment while supporting student development and shared responsibility.

College Responsibilities

The College is committed to maintaining a safe, productive environment by taking necessary corrective, civil, or criminal actions against any person-student, faculty, or visitor-who disrupts campus business or threatens the well-being of the community. To uphold this standard, the College reserves the authority to dismiss individuals whose conduct is unsuited to its mission and may immediately remove a student from classes, clinical sites, or college-sponsored activities if their performance, health, or behavior negatively impacts themselves or others. Furthermore, the College holds the right to initiate disciplinary procedures against anyone who commits, attempts, or incites acts of misconduct, ensuring that the rights and safety of the entire campus are protected.

Through voluntary entrance to the College, students indicate a willingness to adhere to the policies, rules and regulations of the College and acknowledge the right of the College to initiate appropriate disciplinary action. Students are responsible for knowing the information, policies and procedures outlined in this document. Students are expected to obey College policies, rules and regulations and not violate municipal, county, state or Federal law. Students are expected to conduct themselves as good citizens of the College community by respecting the rights and property of others. Students are responsible for all communication, including conduct related notices delivered to their real address or email.

Student Responsibilities 

By voluntarily enrolling, students agree to act as good citizens who respect the rights and property of others, adhere to all College policies, and comply with local, state, and federal laws. Students are responsible for staying informed of all campus regulations and monitoring official communications, including conduct-related notices sent to their physical or email addresses. In return, the College guarantees a fair conduct process; students are entitled to written notice of alleged violations and an educational conference or hearing. No student will be found in violation without documented evidence proving it is “more likely than not” that an infraction occurred, with any sanctions remaining proportionate to the incident and the student’s history. Finally, every student retains the right to appeal disciplinary decisions through the Vice President of Student Services.

Civility Statement

As an academic institution, Northeast Iowa Community College empowers learners and strengthens communities through accessible, high-quality, innovative education and training.. Membership in this academic community places a special obligation on all members to preserve an atmosphere conducive to the freedom to teach and to learn. Freedom to teach and to learn depends on opportunities and conditions in and outside the classroom that foster respect, integrity, honor and civil conduct.

Northeast Iowa Community College defines civility as the art of treating others, as well as ourselves, with respect, dignity and care. Civility is demonstrated when we are sensitive to the impact that our communications, practices and behaviors have on others, and when we acknowledge each person’s self-worth and unique contributions to the community as a whole. All members of the College community, students, faculty, staff and visitors have the right to work and learn in a safe environment which is civil in all aspects of human relations.

Student Code of Conduct  Authority 

By enrolling at NICC, students agree to uphold College policies and all applicable local, state, and federal laws. Instructors may remove students from classrooms for disruptive behavior. The College may take disciplinary, civil, or criminal action-including immediate removal from any College-sponsored environment-when a student’s conduct, performance, health, or behavior poses a risk to themselves, others, or the broader community. Students are responsible for all official communications sent to their College email.

Student and Conduct concerns should be reported through our  Incident of Concern Form 

Student Code of Conduct Jurisdiction

The Student Code of Conduct applies to behavior that occurs on College property, at College-sponsored or College-affiliated events, and in certain off-campus or online settings when the conduct impacts the College community or its mission.

The College may exercise jurisdiction when conduct:

• Presents a danger or credible threat to the health or safety of the student or others;
• Significantly infringes upon the rights, property, or academic pursuits of others, or materially disrupts the peace or orderly operation of the College;
• Is detrimental to the educational mission or substantial interests of the College, including conduct that damages the College’s reputation, operations, or community relationships.

The College reserves the right to address conduct that, although occurring off campus or online, has a direct and substantial connection to the College community.

College Visitors

All visitors are expected to follow the same standards of conduct as the College community, including civil, respectful, and safe behavior. NICC may contact law enforcement to remove anyone from College property who is disruptive, unauthorized, or deemed a threat. Such individuals may be barred from returning and will be notified in writing.

Violations of the Law

Alleged violations of local, state, or federal law may also be addressed under the Student Conduct Code. College disciplinary action may proceed before, during, or after any civil or criminal proceedings. The College may impose an immediate, interim suspension if a student is under criminal investigation or complaint. Procedures and grounds for interim suspension are detailed later in this document.

Definition of Terms

• Academic Integrity: The College requires that work produced by students represents their personal effort and that the intellectual contributions of others are properly documented. Directly copying or modifying content without acknowledging the original creator violates academic integrity, as does the unauthorized use of digital tools, such as artificial intelligence, to generate content. Academic integrity applies to all academic activities including classwork, labs, clinicals, practicums, and co-op assignments.
• Administrative Decision or Sanction(s): The disciplinary action taken by the conduct administrator (or designee) and/ or the Student Conduct Hearing Board.
• College Administrator: Any individual employed by the College and given authority to make administrative decisions on behalf of the College.
• Student Conduct Administrator: A person employed by the College (or designee) in an administrative role with responsibility for and management of policies, protocol and processes upholding the Student Conduct Code and imposing sanctions.Business Day: Any day on which the College is open for business. This excludes holidays and days the college is officially closed including predetermined dates, any weather or emergency related closings.
• The College: Northeast Iowa Community College.
• College Property: The College property, College facilities, or the College, which includes all the land, buildings, facilities, and other property, real or personal, in the possession of or owned, leased, used, controlled or managed by the College.
• Complainant: A member of the College community  OR any individual  filing a report that alleges a violation of the student code of conduct has occurred.
• Faculty Member: A person hired by the College to conduct academic instruction(part time, full time, or on a contract basis).
• Policy: Written regulations of the College supplemented by consistent written regulations of the College found in the catalog, website or other official College publications.
• Preponderance of the Evidence: The college applies the “preponderance of the evidence” standard in determining whether a respondent is responsible for violation of the Student Code of Conduct. General definition: A finding of responsibility based on a preponderance of the evidence means that weighing all relevant evidence and reasonable inferences from that evidence, the greater weight of information indicates that it is more likely than not that the respondent violated policy.  
• Student: a person taking courses at Northeast Iowa Community College, either full-time or part-time, pursuing degree or non-degree programs including continuing education and distance courses. Persons who withdraw after allegedly violating the Student Code, who are not officially enrolled for a particular term but who have a continuing relationship with the College or who have been notified of their acceptance for admission are considered “students,” although not enrolled in this institution.
• Staff Member:  A person hired by the College who is not a faculty member or student employee. 
• Student Conduct Hearing: When formal charges are filed and the charges are not settled informally or in an Educational Conference, or if the formal charges lead to an Immediate, Interim Suspension from the College the case will be heard by the Student Conduct Hearing Board.
• Student Conduct Hearing Board: Trained board of three to five college faculty/staff to determine whether a student has violated the student code of conduct and recommend sanctions that may be imposed when a violation has been committed. 
•  Student Organization: any number of persons who have complied with the formal requirements for College recognition as a club or organization.

Student Code of Conduct Violations

Definitions

The NICC Student Conduct Code applies to all students and is enforceable at the time of application to the College or at the time of registration for non-credit classes. NICC students are expected to conduct themselves as good citizens of the College community by respecting the rights and property of others. Any person who commits, attempts to commit or incites/aids others in committing acts of misconduct may be subject to disciplinary procedures by the College. The following student conduct violations may be grounds for disciplinary action except when explicitly authorized by the College. However, this is not an exhaustive list of all behaviors that may be subject to disciplinary actions.  These regulations shall be construed so as not to abridge any students rights under the Constitution of the United States or the Constitution of the State of Iowa.

Misconduct related to others

• Disorderly Conduct: Conduct that is disruptive, lewd, or indecent.
• Collusion: Knowingly, recklessly, or willfully assisting or attempting to assist others to commit or attempt to commit acts prohibited by this code or that violate the law.
• Harm to person: Intentionally or recklessly causing physical harm or endangering the health and safety of any person, including oneself. 
• Harassment: Repeated unwanted contact or communication by any means, behavior, or verbal abuse threatening to injure or endanger the health, safety, or welfare of oneself or another person is unacceptable. Harassment is a knowing and willful course of conduct that has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive environment or which intends to cause a person to suffer substantial emotional distress.
• Harassment via Technology: Use of electronic or other technology, without a valid purpose, to intentionally intimidate, embarrass, ridicule, or humiliate another person. This includes the creation or distribution of video, audio, or photographic files without the consent of all parties recorded or photographed which could foreseeably intimidate, embarrass, ridicule, or humiliate and cause another person to be intimidated, embarrassed, ridiculed, or humiliated.
• Hazing: An act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of intimidation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene, to prevent, to discourage, and/or failing to report those acts may also constitute hazing.
• Incitement: Condoning, enticing or attempting to entice others to commit or attempt to commit acts prohibited by this code or that violate the law.
• Obscenities: Use of vulgar, offensive, threatening or obscene language or behavior as determined by rational standards of civil behavior in a public environment.
• Public Exposure: Deliberately and/or publicly exposing one’s intimate body parts, public urination/defecation, and/or public sex acts.
• Sexual misconduct: Sexual misconduct includes, but is not limited to, sexual harassment, non consensual sexual contact, non consensual sexual intercourse and/ or sexual exploitation. (See Discrimination, Harassment and Retaliation Policy)
• Threatening behavior: Verbal threats, abuse, humiliation, bullying, intimidation, hazing, stalking or harassment of any person of the College community sufficiently severe, persistent or objectively offensive that it interferes with the victim’s ability to benefit from the College’s educational programming or activities. (See Discrimination, Harassment and Retaliation Policy).

Misconduct related to property

• College Identity : Unauthorized use, including misuse of college or organizational names and images.
• Damage and destruction:  Intentional, reckless, and/or unauthorized defacing or destroying  property owned by another person, entity, or the College. Students are not permitted to write, draw, or otherwise deface College or another student’s property.
• Fraud. Attempting to defraud by means of deception.
• Identity theft: Using or possessing the identity of another person or entity with the intent of misrepresenting oneself as another for any reason. 
• Obstructing access: Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College sponsored activities. Interference with any lawful right of any person on the campus including the right of access to College property. 
• Student Identification: Misrepresentation or misuse of student identification.
• Theft: Intentional and unauthorized taking or removal of property that belongs to another person or entity.  Knowingly maintaining possession of property belonging to another person or entity without permission. Selling or attempting to sell any item which is known to be, or can reasonably be assumed to have been stolen, or otherwise illegally obtained. 
• Unauthorized access or entry: Unauthorized access to any building or unauthorized possession, duplication, or use of means of access to any building.  Entry into any building, room, location, or space where a person does not have a reasonable expectation of access or right of entry or where the conditions of authorized entry, such as payment or presentation of proper identification, have not been met. Misuse of access privileges to premises or unauthorized entry to or use of buildings, including trespassing, propping or unauthorized use of alarmed doors for entry into or exit from a building. Restricted college areas include, but are not limited to, building roofs, fire escapes, elevator shafts, equipment and mechanical storage rooms and construction sites. 

Misconduct related to drugs and alcohol

• Alcohol: Unlawful use, abuse, possession, manufacturing, selling, distributing or purchasing of alcohol or alcoholic beverages.
• Drugs: Unlawful use, abuse, possession, selling, distributing or purchasing of controlled substances without a prescription. This includes marijuana.  
• Medication: Unlawful use, abuse, misuse, selling, or illegal distribution of prescription or over-the-counter medications. 
• Public intoxication: Being under the influence of alcohol, drugs, or other substances where one’s behavior endangers, or may endanger the safety of others, property, or themselves or causes a disturbance. 
• Smoking: The possession, or use of any tobacco, tobacco products, alternative nicotine products, vapor products or cigarettes by persons under the age of 21.  Use of tobacco products on campus both indoors and out-of-doors, including inside any vehicle on campus, in a vehicle being used for college business and at any College-sponsored activities. In addition to traditional tobacco products, e-cigarettes and vaping are also prohibited.

Misconduct related to weapons

• Explosives: Possessing, carrying, or using any substance or device which is intended or designed to explode or any device which a reasonable person would believe, either through appearance, markings or otherwise, to be a device intended or designed to explode.
• Firearms: Possessing, carrying, or using any type of firearm on university premises, except as permitted by law or policy, or the use of a firearm in any manner alleged to be inconsistent with applicable laws, regardless of location. Objects perceived as firearms such as air soft guns, BB guns, paintball guns, and pellet guns, are also a violation of this policy.
• Knives: Possessing, carrying, or using any knife with a blade longer than three inches anywhere on college premises without a valid educational purpose or the use of a knife in any manner alleged to be inconsistent with applicable laws, regardless of location. Butterfly knives, switchblades, and double-edged knives are not permitted on campus, regardless of length.
• Other dangerous or deadly weapons: Possessing, carrying, or using other weapons or dangerous objects such as arrows, axes, machetes, nunchucks, tasers, throwing stars, brass knuckles, or other dangerous or deadly weapon(s) in any manner alleged to be inconsistent with applicable laws, regardless of location. A weapon may also include an object designed for use or used in a manner to inflict harm to a human being or animal or to damage property.
• Storage of weapons: Possession, including the storage of any item that falls within the category of a weapon, including storage in a vehicle parked on, at or in any location owned, leased or used by the College or at any College sponsored activity or event. 

Misconduct related to health, welfare, and safety

• Health and safety: Conduct which threatens, endangers and/or creates a health or safety hazard for any person on the campus or at any College authorized function/activity including, but not limited to, actual, perceived or threats of physical harm, violence, dangerous pranks, unsafe behavior, sexual misconduct, sexual assault and in general harm or threats of harm to others. 
• Evacuation: Failing to evacuate any building after an alarm has been activated or notice has otherwise been given of a fire, fire drill, fire alarm or other order to evacuate. 
• False report: Knowingly furnishing a false report or false warning that College property, employees, students, or guests may be subject to dangers including, but not limited to, a bombing, fire, crime, emergency or other catastrophe.
• Fire: Intentionally or recklessly causing a fire, improper use of college fire safety equipment, tampering with or improperly engaging a fire alarm or fire detection/control equipment, possession or using pyrotechnics, including fireworks. 
• Wheeled devices: Skateboards, roller blades, roller skates, and other wheeled items may not be ridden inside any college building, on railings, curbs, benches, or any such fixture that may be damaged by these activities, and individuals may be liable for damage to university property caused by these activities. Exceptions are made for medical purposes.

Misconduct related to the operation of the College

• Disruptive Behavior: Obstruction or disruption of the orderly educational process and/or educational atmosphere of the college, including but not limited to:Interfering with an instructors’ ability to teach or students’ ability to learn, refusal to comply with a faculty or staff direction disruption to administrative processes, disciplinary procedures or any College authorized function/activity.
• Failure to comply: Failure to comply with the directives of College personnel acting in the performance of their duties and/or failure to identify oneself to College officials when requested to do so.
• Off-campus conduct: Off-campus conduct which directly and/or adversely disrupts or interferes with the educational or other functions of the College.

Misconduct related to Academics

• Academic Misconduct - Any other action or attempt to subvert the academic process or create an unfair academic advantage for oneself or another student, or any other violation of school, program, or class academic policy.
• Cheating - The unauthorized use of information or materials, such as copying answers from another student or online resources.
• Collaboration - Unauthorized assistance or sharing of information or resources to complete an academic task.
• Fabrication - Creating or altering information and then presenting it as authentic. 
• Facilitation - Knowingly helping, or attempting to help another student violate any academic integrity policies.
• Fraud - Creating or altering academic records, grades, references, awards, or other material, or any use of such material.
• Misrepresentation - Any action, statement or omission designed to deceive or mislead an instructor or administrator for academic advantage.
• Plagiarism - Claiming work which you did not create as your own, regardless of how that work was obtained.

Misconduct related to other college policies

• All College policies: Violation of College policies or regulations supplemental to the Student Conduct Code, which are published in any other official College publication.
• Animals: Emotional support, therapy, comfort and companion animals are not permitted on any College property, including, but not limited to classrooms, dining facilities, recreational buildings, employment areas, libraries and laboratories. Service animals are welcome. 
• Retaliation: Acts of retaliation against an individual who reports suspected or observed policy violations, or cooperates in an investigation of a policy violation.
• Technology: Violations of the College’s Computer Systems Acceptable Use policy. Inappropriate use of social media and/or college technology including, but not limited to, cyber bullying,  unauthorized use of electronic or other devices to make an audio or video record of any person while on College premises or during college sponsored activities without knowledge, or without effective consent when such a recording is likely to cause injury or distress.

Other acts of misconduct

• Abuse of the conduct process: Abuse of, or interference with, the Student Conduct process including, but not limited to: falsification, misrepresentation, concealing or destroying of any information related to a conduct case, attempting to discourage or influence another persons’ participation or use of the conduct process, failure to comply with the sanctions imposed as a result of the conduct process or harassment, influencing and/or intimidation of any member(s) of the conduct proceeding prior to, during or following a conduct case.
• Dishonesty: Dishonesty in any form at any time prior to or during College processes, including forgery, alteration, misuse, or falsification of records, misrepresentation and lying or furnishing false information to a college official, faculty member, or office. 
• Gambling: Gambling at a College-sponsored activity without specific authorization by the administration.
• Violation of law: Evidence of violation of any local, state or federal law when substantiated through the College’s conduct process.

Student Conduct Procedures

1.1 Reporting an Incident

An Incident of Concern regarding a potential Student Conduct Code violation may be submitted by any individual or the College at any time. Reports should be submitted promptly to allow for a timely review and a reliable gathering of evidence.

Immediate Action and Amnesty

• On-the-Spot Response: College officials-including instructors, coaches, and security personnel-are authorized to take immediate action to stop prohibited conduct. This includes dismissing a student from a class/practice or confronting property damage.
• Reporting Requirement: Any official who takes such action must submit an Incident of Concern as soon as possible.
• Amnesty Policy: To encourage the reporting of serious incidents, the College may provide limited amnesty for minor drug or alcohol violations to complainants and witnesses of physical violence or sexual misconduct.

1.2 Immediate,  Interim Actions (Safety Measures)

A conduct administrator may take immediate, interim action (such as suspension from classes, College property, and/or specific activities) if a student’s behavior poses a significant risk to themselves, others, or College property.

• Duration: Interim actions remain in effect until the disciplinary process concludes or the student is otherwise notified and may include Holds on students records, registration, financial aid, no contact or no trespass directives, removal from classes, activities, clinical sites
• Due Process: Students will receive notice of the alleged violation and may request a meeting with the administrator to explain why the interim action should not apply.

Causes for interim suspension may include, but are not limited to

• Threats or actions endangering health or safety
• Use, possession, or threat of weapons, explosives, or dangerous materials
• Destruction or theft of College or personal property
• Extreme verbal harassment or abuse
• Possession, use, sale, or purchase of illegal drugs or alcohol on College property
• Major disruptions to the College community
• Serious violations of the Student Conduct Code
• Ignoring a summons for a conduct hearing

1.3 Interim actions may include:

• Holds on student records, registration, or financial aid
• Removal from classes, activities, clinical sites, or College property
• No contact or no trespass directives
• Interim suspension

Students may request a meeting with the conduct administrator to explain why the suspension should not apply. The College may continue with scheduling a conduct hearing regardless of this meeting.

2. Investigation Phases

2.1 Preliminary Investigation

A preliminary investigation consists of a review of the possible violations, history of the parties involved, context of the incident, potential behavioral patterns and the nature of the complaint. Generally within five business days of the filed complaint, the conduct administrator will determine whether there is reasonable cause to believe that the responding student violated the Student Conduct Code. If there is sufficient evidence to support a reasonable cause, the conduct administrator will conduct a comprehensive investigation. If there is insufficient evidence to support reasonable cause, the allegations will be closed with no further conduct action, although additional services or support may be recommended or required.

2.2 Informal Resolution

When allegations of misconduct have been received and reviewed by a Student Conduct Administrator, the complaint alleges a violation of the Student Conduct Code, and the parties involved wish to resolve the complaint without further student conduct proceedings.

2.3 Comprehensive Investigation

If the matter is not resolved informally, a formal investigation is initiated.

When conducting a comprehensive investigation, the conduct administrator will initiate a thorough, reliable and impartial investigation by developing a strategic investigation plan. The conduct administrator will prepare the Notice of Conduct Violation letter containing the alleged policy violation(s) on the basis of the reasonable cause determination. This letter may be delivered to the responding student prior to, during or after the responding student’s interview, at the discretion of the conduct administrator. This process is normally completed within ten business days of initiating the investigation.

When it is determined through a comprehensive investigation that the Student Conduct Code violation(s) is more likely than not to have occurred, a combination of any three of the following disciplinary procedures will be initiated:

• Immediate interim suspension and/or,
• Student conduct educational conference and/or
• Student conduct hearing

3. Resolution Procedures 

3.1 Student Conduct Educational Conference

Most conduct matters are initially addressed through an educational conference, emphasizing resolution and learning. During the conference, the responding student may:

• Accept responsibility for the violation and sanctions, fully or in part
• Reject responsibility for the violation, fully or in part
   

If the student accepts responsibility:

• And agrees with the sanctions: The sanctions are implemented and the process concludes.
• And disagrees with the sanctions: A conference is held to discuss only the sanction. The administrator’s final decision is binding.
   

If the student rejects responsibility:

• Completely: A Student Conduct Hearing Board is convened, typically within ten business days.
• Partially: Only disputed charges are reviewed by the Hearing Board. Sanctions apply only to upheld violations.

Repeat violations:
If a student repeats a conduct violation, the administrator may determine whether to resolve the matter through an educational conference or refer it to a Hearing Board, based on severity and conduct history.

Student Conduct Hearing and Related Procedures

Hearing Preparation

Students who are scheduled for an appearance before the Student Conduct Hearing Board (Hearing Board) will be given seven business days to prepare unless all parties agree to proceed more quickly.

Preparation for a Student Conduct Hearing includes the following steps;

1. Selection of the Hearing Board which consists of three members trained on conduct policy and procedures. Membership may vary from case to case. The Hearing Board will hear and review all evidence in the case including witness testimony and supporting documentation. The Hearing Board will make the decision whether the student is responsible or not responsible for the alleged violations and, if found responsible, will recommend the appropriate sanction(s) to the conduct administrator who has responsibility for the final sanction decision.
2. Notice of time, date and location of the Student Conduct Hearing (Conduct Hearing) will be delivered to the responding student by College email and registered mail to the most recent address of the student indicated on official College records. Once mailed, the communication will be deemed delivered.
3. At least three business days prior to a Student Conduct Hearing, the responding student must submit to the conduct administrator the following:

• A response to the Notice of Conduct Violation letter.
• A list of witnesses the responding student would like the College to call at the Hearing, if any.  A list of all items of physical evidence the student intends to use or requests to have present at the Conduct Hearing,
• The name of an advocate who may accompany the student at the Conduct Hearing. If the student wishes to have legal counsel present at the Conduct Hearing, a minimum three (3) days notice must be provided.  In such instances, the College reserves the right to also have legal counsel present.
• If the responding student fails to respond to Conduct Hearing notice, the administrator may initiate a complaint against the student for failure to comply with a directive of a College official and give notice to the student of this additional conduct violation. Unless the student responds to this second notice within two business days, or does not respond to the original notice, an educational conference may be scheduled and held on the student’s behalf. As a result, the student may be administratively withdrawn from enrolled classes and/or a conduct hold may be placed on their College account, deeming them ineligible to register for courses until the student responds to the Conduct Hearing notice.

   4. The conduct administrator will ensure that a summary of all hearing information, including the names of the Hearing Board members, is shared with the responding student and the complainant at least one day prior to          the Conduct Hearing.

Conduct Hearing Procedures

If the responding student cannot attend the scheduled Conduct Hearing, it is the student’s responsibility to notify the conduct administrator a minimum of three business days prior to the Conduct Hearing to arrange for another date, time or location. Except in cases of grave or unforeseen circumstances, if the responding student fails to give the required three day notice or if the student fails to appear, the Conduct Hearing will proceed as scheduled. No student may be found responsible for a Student Conduct Code violation solely as a result of the student’s failure to appear for a Hearing. In this case, the Conduct Hearing will proceed as scheduled and the information gathered through the comprehensive investigation will be presented to the Conduct Hearing Board for consideration.

The conduct hearing board chair will direct the Conduct Hearing according to the following guidelines:

1. The Hearing will be closed to the public.
2. Privileged communications between a student and a member of the professional staff where such communications were made in the course of performances of official duties and when the matters discussed were understood by the staff member and the student to be confidential, as well as those communications which are privileged by law will not be introduced as evidence before the Student Conduct Hearing Board without the written permission of the student.
3. Admission to the hearing of persons other than those involved or those on the submitted witness list, will be at the discretion of the hearing board chair and the conduct administrator.
4. Conduct Hearing proceedings will be audio recorded for the protection of all parties.
5. An advocate may not ordinarily make a presentation or represent the responding student during the hearing. The advocate may confer quietly, exchange notes, clarify procedural questions with the hearing board chair and suggest questions to the responding student.
6. The conduct administrator will present the information/evidence of the case on behalf of the College. The responding student will then present information/evidence to the Conduct Hearing Board. The responding student, the conduct administrator and the Hearing Board members will all have the privilege of questioning witnesses and all present parties. Unduly repetitive witnesses or questions may be limited at the discretion of the hearing board chair.
7. Pertinent records, exhibits and written statements may be accepted as information for consideration by the hearing board chair. Formal rules of evidence are not observed. The hearing board chair may limit the number of character witnesses presented or may accept a written affidavit of character instead.
8. All procedural questions are subject to the final decision of the hearing board chair and the conduct administrator.
9. After the Conduct Hearing, the Hearing Board will deliberate and determine by majority vote whether it is more likely than not that the responding student has violated the Student Conduct Code. The responding student will not be present during deliberations. The Conduct Administrator is responsible for informing the Hearing Board of applicable precedent and of any previous conduct violations or other relevant behavioral pattern evidence about the responding student. The conduct administrator may also inform the Hearing Board of all possible sanctions available for their consideration. Once a finding is determined, if the finding is that of responsibility for the violation, the Hearing Board will recommend an appropriate sanction(s) to the conduct administrator who has responsibility for the final sanction decision.
10. The hearing board chair will submit a written statement detailing a) the findings, b) the rationale of the Hearing Board in support of the decision and c) the recommended sanction(s).
11. The conduct administrator will notify the responding student of the Conduct Hearing Board’s finding, resulting sanction(s) and information regarding the student’s right to appeal, generally within five business days of the decision. Notification will be sent to the student’s College email and by registered mail to the current address listed on the student’s College account. If the Conduct Hearing Board rules that no violations were found to have occurred, the student will be permitted to make up class work required for satisfactory completion of a course or courses begun prior to the beginning of the conduct process.
12. A student who is suspended or expelled from the College will be administratively withdrawn from college-sponsored programs and/or activities on the effective date of the suspension/expulsion. Settlement of the student’s account will be completed under the NICC Tuition Refund Policy. A student who is suspended/expelled is responsible for making arrangements with the conduct administrator to return any College property within three business days of the suspension and will be held financially responsible for any property not returned in good condition.
13. A student has the right to appeal the outcome of a Conduct Hearing by following the established appeal process which is outlined later in this document.

Student Rights at a Conduct Hearing

• Right to due process;
• Right to a Hearing;
• Right to notice of charge and summary of facts in the case;
• Right to have an advocate present during the Hearing;
• Right to participate in the Hearing and present on their behalf;
• Right to refuse to participate in the Hearing;
• Right to present summary of the case from their viewpoint;
• Right to present documentary, testimonial or physical evidence;
• Right to call witnesses who have a direct bearing on the case;
• Right to submit questions for witnesses;
• Right to be notified in writing of the Conduct Hearing outcome based on the evidence presented at Hearing and evaluated by the standard of preponderance of the evidence or, it is more likely than not that the violation occurred as documented;
• Right to an appeal of the final Conduct Hearing decision.

Sanctions for Student Conduct Code Violations

Any student who is found in violation of the Student Conduct Code will be subject to one or more, or a combination of, the following sanctions. Any conduct action taken by the College is effective on the date the notification is written. A record of any student conduct action is kept in the student’s conduct file and maintained by the conduct administrator.

1. Warning - a written or verbal notice to the student that a violation of the Student Conduct Code has occurred. This written and/or verbal warning serves to remind the student that any further violations of the Code may result in more serious sanction(s).
2. Conduct Probation - a period of time during which the student must demonstrate an ability to comply with the Student Conduct Code, all College policies and other requirements stipulated for the probation period including limitation of activity or access to College facilities. Conduct probation may be imposed up to the completion of the student’s program of study at the College.
3. Restitution - reimbursement for damage to or misappropriation of property. Reimbursement may take the form of payment for a repair or replacement of the damaged property. Written notice will be sent to the student requiring restitution when the student has damaged or misappropriated College property.  Reimbursement may take the form of appropriate service to repair or compensate for damages.
4. Loss of Rights and Privileges - a sanction(s) which may impose limitations or restrictions to fit the particular case.
5. Eligibility Restriction - prohibits a student from joining a registered student organization, taking part in a registered student organization’s activities or attending its meetings or functions and/or from participating in or representing the College in any athletic or co-curricular activity.
6. Educational/Behavioral Requirement - requirement to participate in a project, counseling or other College/community sponsored activity that is relevant to the nature of the offense and at the student’s expense.
7. Grade Reduction - in cases of academic misconduct, students found responsible for academic misconduct such as plagiarism or cheating, may receive a failing grade for the particular assignment, paper, test etc. or a failing grade for the course.
8. Community Service - a student may be required to perform service to the College or the community in lieu of another sanction(s).
9. Suspension from Certain Courses, Programs, Activities or Locations - suspension can be from a class, specific number of classes, program, activity or a location. Lifting this sanction may depend on the fulfillment of certain conditions imposed by the College and/or the program.
10. Suspension from the College - separation from the College for a defined period of time dependent on the severity of the Student Conduct Code infraction, typically from one to three years. Suspension prohibits the student from entering any College property except in response to a request of the College, and from registering either for credit or non-credit work at the College. This sanction(s) may be reinforced with a no trespass action or no contact directive as necessary. Students have the opportunity to apply for readmission to the College after any suspension by notifying the Conduct Administrator and following the re-admission process. Eligibility for re-admission may be contingent on satisfactorily meeting specific conditions noted at the time of suspension or upon application for reentry to the College.
11. Expulsion from the College- permanent separation from the College. The student is banned from any College property and the student’s presence at any College-sponsored activity or event is prohibited. This action may be reinforced with a no trespass action or no contact directive as necessary.

Conduct Violations in Program of Study

Students who are found to have violated specified conduct rules within their chosen program of study may receive sanction(s) under the Student Conduct Code in addition to any program actions. Students are responsible for knowing and adhering to all program rules and regulations established by the program administration.

College-Sponsored Organization, Club or Group Sanction(s)

College organizations, clubs or groups may receive any of the above listed conduct sanction(s) including deactivation or de-recognition of the group for a specified period of time. Students are responsible for knowing and adhering to the specific policies and procedures governing membership in their organization, club or group.

Parental Notification

For dependent students, the College may notify parents/guardians of conduct situations as permitted under FERPA, especially if there is a health or safety concern.

Notification of Outcomes

The outcome of a Student Educational Conference or Student Conduct Hearing is part of the educational record of the responding student and is protected from release under FERPA except under certain conditions. As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence” or forcible or non-forcible sex offense, the College will inform the alleged victim/party bringing the complaint in writing of the final results of a hearing regardless of whether the College concludes that the violation was committed. Such release of information may only include the alleged student’s/responding student’s name, the violation committed and the sanction(s) assigned, if applicable. In cases of sexual misconduct and other offenses covered by Title IX, the rationale for the outcome will also be shared with all parties in addition to the findings and sanction(s). In cases where the College determines through the student conduct process that a student violated a policy that would constitute a “crime of violence” or non-forcible sex offense, the College may also release the above information publicly and/or to any third party. FERPA defines “crimes of violence” to include:

• Arson
• Assault offenses (including stalking)
• Burglary
• Criminal homicide - manslaughter by negligence
• Criminal homicide - murder and non-negligent manslaughter
• Destruction/damage/vandalism of property
• Kidnapping/abduction
• Robbery
• Forcible sex offenses
• Non-forcible sex offenses
• Hazing

Appeals Process

The student has the right to appeal the decision resulting from a Student Educational Conference or Student Conduct Hearing. Any sanction(s) imposed as a result of the Student Educational Conference or Student Conduct Hearing will remain in effect during the appeal process.

The request for an appeal must be made by electronically submitting the appeal form, which will be provided in the outcome letter, within five business days of receiving the written notification from the conduct administrator of conduct violations and resulting sanctions. The student’s request for appeal must include the student’s name, date of the decision for disciplinary action, and clear rationale for appeal. Appeals must be based on one or more of the following criteria and will only be considered if:

1. A procedural error occurred that significantly impacted the outcome of the conference/hearing.
2. There is new evidence that was unavailable at the time of the hearing that could substantially impact the original outcome or sanction(s). A summary of the new evidence and its potential impact must be included in the appeal.
3. The sanction(s) imposed is substantially outside the parameters or guidelines set by the College for this type of offense or the cumulative record of the responding student. The burden lies on the appealing student to demonstrate any clear error.

The Appeals Officer (or designee) will conduct a preliminary investigation to determine if the appeal is timely and meets at least one of the appeal criteria.

The appeals officer may consult with the conduct administrator on any procedural or substantive questions that arise. If the appeal is not timely or substantively eligible, the original decision and sanction(s) determined by the conduct administrator and/or the Conduct Hearing Board will stand and the decision will be deemed final. If the appeal has basis, the Appeals Officer will, in most cases, remand the appeal back to the original Conduct Hearing Board, typically within five business days, with clear instructions for reconsideration only in light of the granted appeal grounds. If the Appeals Officer deems the original decision-making body to be unduly biased by a procedural or substantive error, a three-member Appeals Board will be called to consider the case. The Appeals Board is chaired by the Appeals Officer and two additional members who did not serve on the original Hearing Board.

If an appeal is warranted, new evidence should be heard and considered, procedural changes should be made or sanctions should be altered to be proportionate to the conduct violation and the student’s cumulative record. The Appeals Officer may determine whether new evidence will be evaluated via written documentation or in an informal Hearing. Rationale for the appeal decision and resulting sanction(s) will be sent to the student’s College email and by registered mail to the student’s official College address, typically within five business days. Any decision made by the Appeals Board is considered final.

Student Conduct Record Retention

Conduct records are a part of the student’s educational record and, therefore, are not available for public disclosure or discussion. The College will not disclose student disciplinary records outside the College, except as allowed by law, without prior written permission from the student. Disclosure of a student’s conduct records without consent is permitted by law when other College officials are deemed by the College to have legitimate educational interests. This includes any College staff, a person or company with whom the College has contracted or a person serving on the Board of Trustees.

Student Concerns, Complaints & Grievances

The College’s stance is that it is efficient to have issues resolved at the lowest level possible. Students are encouraged to make an informal inquiry to an instructor, advisor or assigned dean/director as soon as possible following the event that gave rise to the complaint. Staff, visitors, community members, or other individuals are encouraged to make informal inquiries to the designated staff person with assigned responsibility in the area of concern as soon as possible to reach a resolution.

When resolution is not reached or not practical through informal inquiry, the steps of the formal complaint process are followed. More information about the complaints process can be found online, and forms are available on the college website at www.nicc.edu/complaint.

College Email Communications

NICC communicates with accepted and enrolled students in a variety of methods. It is policy that College email is the official mode of communication with all students.

Students have a right to accurate and timely information regarding matters affecting their education. Students should expect to receive information regarding academic records, financial aid, billing, advising, registration and other College information via the NICC email system. All students are assigned an official Northeast Iowa Community College email address (username@nicc.edu) and all electronic mail from the College is sent to this address.

Along with other forms of communication, students are responsible for receiving, reading, complying with and responding to official email communications from the College. A student’s failure to receive or read official College email communications sent to a student’s College email address in a timely manner does not absolve the student from knowing and complying with the content of the official communication. In recognition that certain communications may be time-critical, students are expected to review their official email address on a frequent and consistent basis in order to stay current with College communications.

Acceptable Use Policy

The Acceptable Use policy is designed to guide students, faculty and staff in the acceptable use of information systems and networks provided by NICC.  To ensure a highly robust, continuously available, fair and effective environment that serves the College’s computing needs, institutional and external standards for acceptable use must be applied.  Each individual user must therefore comply with institutional and external standards for acceptable use of these shared resources.  Although limited personal use of College-supplied technology resources may develop the skills of individual users and otherwise contribute indirectly to the College’s mission, these resources should be used primarily for College-related educational and administrative purposes.  By using College CIS facilities and resources, users agree to abide by all related College policies and procedures, as well as applicable federal, state and local laws.  Violations may result in College disciplinary action or referral to appropriate external authorities.  

If you have questions or concerns or to read the full policy visit https://nicc.policystat.com/policy/14700216/latest

Copyright Infringement

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the website of the U.S. Copyright Office at www.copyright.gov, especially their Frequently Asked Questions section at www.copyright.gov/help/faq.