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Student Code of Conduct

INTRODUCTION
Milwaukee Area Technical College (MATC) strives to maintain a community which
values academic excellence, institutional integrity, justice, equity, and diversity.
Such an environment is essential in fostering the intellectual growth and
personal development of all students. Each member of the College shares
responsibility in maintaining conditions which support the College's purpose. In
the interest of guaranteeing the broadest range of freedom to each member of the
College community, MATC has established a Student Code of Conduct. This Code
is designed to provide basic guidelines to advance the educational mission of the
College.

All students at Milwaukee Area Technical College have access to the Student
Code of Conduct. Copies are available through the Student Life offices and
Student Senate offices at all campuses. The Student Code of Conduct is also
distributed at all new-student orientations.

STUDENTS' RIGHTS AND RESPONSIBILITIES
Exercising your rights and acting in a responsible manner go together. Some of
the College's rules and regulations are simply restatements of existing laws, such
as laws against possession, use, or sale of controlled substances (illegal drugs). It
is the responsibility of all MATC students to comply with the policies as stated in
the Student Code of Conduct and obey all public laws. This compliance assures
all students the opportunity of having the best possible educational experience.
MATC students have the right to be informed by the College through individual
departments and/or divisions of policies and procedures concerning student
conduct (Student Code of Conduct), course requirements (class syllabus), and
ethics and professional conduct (as outlined in the division/department
handbook and/or class syllabus). This information is published and/or
electronically posted. MATC students have the right to be evaluated fairly on the
basis of their performance as required by the instructor as part of the course.
These policies may also include published or posted standards of conduct for
recreational, lab, and learning areas, including clinical facilities. It is the
student's responsibility to be aware of such published policies and procedures
and to seek clarification, if needed, from the Office of Student Life and/or the
appropriate academic department.

POLICY STATEMENT
Milwaukee Area Technical College is a public, tax-supported institution which
provides education opportunities for a large student body and serves numerous
community groups and visitors. In order to accommodate the variety of interests
and activities that comprise the MATC community, a reasonable set of rules has
been established to successfully fulfill the College's educational mission.
By the authority of the Milwaukee Area Technical College District Board (the
"Board"), the President of MATC retains the ultimate responsibility for the
administration of the Student Code of Conduct. The Vice President of Student
Services expressly determines final authority over the Student Code of Conduct.
The Director of Student Life coordinates the administration and enforcement of
the Student Code of Conduct.

The principal rules of Milwaukee Area Technical College expect students to: (1)
comply with all federal, state, county, and municipal statutes and ordinances
while participating in MATC activities or while located on MATC property, loaned
or leased, or property used by MATC; and (2) to conduct themselves in such a
manner that will not interfere with or disrupt the educational process
administered by MATC agents.

A. STUDENT CONDUCT EXPECTATIONS
(1) REGULATIONS FOR STUDENT CONDUCT
The following actions and behaviors shall constitute violations of the Student
Code of Conduct and will subject any student or student organization committing
such a violation to disciplinary sanction. The violations defined below include,
but are not limited to:

1. Violating duly established and published or posted College or Board
policies, rules and/or regulations including, but not limited to, alcohol,
illegal drug use, discrimination, harassment, sexual harassment, sexual
assault, and weapons on MATC property or at MATC sponsored or
supervised student functions.

2. Violating federal, state, or local laws on College premises or while in
attendance at College sponsored or supervised events or committing offcampus
violations of federal, state, or local law that adversely affect the
College and/or the pursuit of its objectives.

3. Engaging in conduct which constitutes a danger to the person or safety of
other members of the MATC community.

4. Committing acts of harassment or physical abuse, or engaging in actions
which intimidate, harass, threaten, coerce, or otherwise endanger the
health or safety of any person.

5. Committing acts of sexual harassment. Sexual harassment includes, but is
not limited to, non-consensual verbal or physical conduct related to sex
which unreasonably interferes with an individual's work, educational or
social performance.

6. Committing an act of sexual assault which, for administrative purposes, is
defined as unwanted and usually forced or coerced sexual intercourse or
sexual contact. (Victims include persons who are unconscious, mentally ill,
or deemed unable to give consent.)

7. Committing an act of retaliation (causing physical or psychological pain)
toward an individual or group who initiated a complaint (including, but not
limited to, any violation of the Student Code of Conduct) with the College.

8. Committing acts of dishonesty including, but not limited to, the following:

a. Use of unapproved support materials during tests and/or exams shall
be considered cheating. This includes the unauthorized possession of
tests and/or exams either before, during, or after the use of the
test/exam.

b. Any student who helps another student cheat is as guilty of cheating
as the student he or she assists.

c. The submission of the work of someone else as one's own individual
work.

d. Copying, or allowing another student to copy, a computer file that
contains another student's assignment, and submitting it, in part or
in its entirety, as one's own.

e. Working together on an assignment, sharing the computer files and
programs involved, and then submitting individual copies of the
assignment as one's own individual work.

f. Taking, or permitting someone to take for you, a test, quiz, exam, or
some similar evaluation ("ghosting").

g. Stealing, buying, or otherwise unauthorized obtaining of all or part of
an exam, test, class assignment, and/or project.

h. Selling, exchanging of favor(s), or giving away all or part of an
unadministered test, including answers to an unadministered test.

9. Engaging in disorderly conduct or fighting. For purposes of this Student
Code of Conduct, disorderly conduct is defined to include, but is not
limited to:

a. Acts which breach the peace, are inappropriately loud, or are lewd,
indecent, or obscene.

b. Acts not in compliance with posted signage requesting specific
behavior in designated areas (e.g., the library, study center, learning
center, laboratory areas, gymnasium, recreation areas, cafeteria, and
computer areas).

c. Acts which interfere with, damage or destroy college property, or
conduct which attempts to interfere with, damage or destroy college
property.

d. Conduct which instigates fights, or participation in fights with an
MATC student, staff, instructor, administrator, agent or visitor.
e. Brandishing or displaying of objects which could be construed as
weapons including, but not limited to, toy guns, starting pistols, and
knives of any size including blades under three inches.

10. Planning, directing or committing acts of hazing, defined as any activity
which willfully or recklessly endangers the physical or mental health of an
individual or group; or subjects an individual or group to ridicule or
embarrassment; or unlawful activity for the purpose of initiation,
admission into, affiliation with, or as a condition for continued membership
in a group or organization.

11. Interrupting, interfering with, or disturbing the day-to-day academic and
operational functions of the College; or committing intentional acts that
obstruct, disrupt, or physically interfere with the use of College premises,
buildings, or passages.

12. Possessing, duplicating, or using keys to any College building, facility, area,
or vehicle without authorization by appropriate College official; or
committing an act of unauthorized entry into or use of College buildings,
facilities, areas, or vehicles.

13. Engaging or participating in acts of unauthorized possession, use, removal,
defacing, tampering, damage, or destruction of College owned or leased
property, equipment, programs, or materials; or of property, equipment,
programs, or materials belonging to any College community member, guest,
visitor, vendor, or contractor.

14. Posting, affixing, or otherwise attaching written or printed messages or
materials, e.g. posters, signs, handbills, brochures, or pamphlets, on
surfaces including, but not limited to, doors, windows, buildings, sidewalks,
and lawn areas (used, owned or leased by MATC), with the exception of
designated posting areas where approved posting is expressly permitted.
(Refer to the Student Life office at each campus for approved locations.)

15. Possessing, or engaging or participating in the use of explosives, fireworks,
and/or firearms or other dangerous weapons while on MATC property,
loaned or leased, or at MATC sponsored events (as defined in Wisconsin
State Statutes 939.22(10), 941.294(4), and 948.60(1). Also prohibited are
metallic knuckles or knuckles of any substance; a nunchaku or any similar
weapon; a knife blade; baton of any type; explosive devices of any type; and
"look-alike" instrument or weapon, (i.e. "b.b. gun," pellet gun, or any
instrument designed to look like a weapon); oleoresin capsicum spray
(pepper spray) or any other device or instrumentality used in a threatening
and/or unlawful manner. (Exemptions: Authorized law enforcement officers
in uniform - plain clothes officers must keep any authorized weapons
concealed at all times. Also, the transportation of firearms for authorized
training classes must be in accordance as defined in Wisconsin Statutes
167.31 (lg) and 167.31 (lb); that is, unloaded and encased.)

16. Committing acts of arson, creating a fire hazard, or possession of or use
of, without proper authorization, inflammable materials or hazardous
substances on college property.

17. Committing acts which endanger the property of the College including but
not limited to altering or misusing any firefighting equipment, safety
equipment, or emergency device.

18. Making false reports of a fire, bomb threat, or other dangerous condition;
failing to report a fire; or interfering with the response of the College or
municipal officials to emergency calls.

19. Failing to comply with the directions of College officials acting in the
performance of their duties and/or failing to positively identify one's self to
a College official when requested to do so. (The preferred form of
identification shall be a current, valid MATC identification card.)

20. Furnishing false information and/or identification to any College official,
faculty member, or office.

21. Forging, altering, falsifying, or misusing any College document, record, or
instrument of identification. (This includes grade transcripts, student
identification, computer records, certificates, and other official documents.)
Using a forged or altered document is also prohibited, even if someone else
made the changes.

22. Tampering with the election of any College-recognized student organization.

23. Attempting to represent the College, any recognized student organization,
or any official College group or agent without the explicit prior written
consent of the official(s) of that group or agent.

24. Gambling on College property, whether such property is used, owned, or
leased by the College.

25. Engaging in activities, canvassing, or solicitation not authorized by the College.

26. Smoking indoors on MATC property, including entrances, or where
prohibited on loaned or leased facilities used by MATC.

27. Leaving a child (children), for whom you are responsible, unattended/
unsupervised on MATC property.

28. Engaging in acts of theft on College property (used, owned or leased) of
College property or from College personnel including students, visitors,
instructors, and staff.

29. Engaging in acts of theft or abuse of computer time or information,
including but not limited to:

a. Unauthorized entry into a file to use, read, or change its contents.

b. Unauthorized transfer of a file or files.

c. Unauthorized use of another person's identification and/or password.

d. Use of computing facilities to interfere with the work of another
student, faculty, or College member.

e. Use of computing facilities to send obscene messages.

f. Use of computing facilities to interfere with the normal operation of
the College computing system.

g. Releasing or exchanging of information and/or codes that are
detrimental to the MATC environment, equipment, and or property.

h. Violation of technology usage policies/procedures (published and/or
electronically posted).

30. Using, possessing, or distributing alcoholic beverages, except at approved
College functions and as permitted by College policy and procedures
(available in the Office of Student Life and subject to statutory age
restrictions).

31. Using, possessing, or distributing cannabis (marijuana), cocaine or any
state- or federally-controlled substances except as expressly permitted by
law.

32. Using College facilities/property including, but not limited to, the student
union, sports fields, gymnasium, classrooms, auditorium, meeting rooms,
etc., without adhering to the use of MATC facilities procedures (available in
the Student Life office.)

33. Participating in discriminatory unlawful acts including, but not limited to,
use of racial slurs, insults, use of aspersions, denial of legal use or
admittance, or other verbal or physical conduct related to a person's race,
religion, age, color, national origin, or handicap.

34. Engaging or participating in abuse of the appeal system, including but not
limited to:

a. Falsifying or misrepresenting information before an appeal body.

b. Disrupting or interfering with the orderly conduct of an appeal
proceeding.

c. Attempting to influence/harass the impartiality of a member of an
appeal body prior to, during, and/or after an appeal proceeding.

d. Harassing (verbally or physically) and/or intimidating a member of an
appeal body prior to, during, and/or after an appeal proceeding.

e. Harassing or intimidating complainants and/or witnesses involved
with the appeal process system.

f. Failing to comply with the sanction(s) imposed under the Student
Code of Conduct.

g. Influencing or attempting to influence another person to commit an
abuse of the appeal process system.

35. Participating in conduct that obstructs or impairs or attempts to obstruct
or impair MATC's authorized activities including activities either outdoors
or inside a classroom, office, lecture hall, library, laboratory, auditorium,
Student Center, or other locations where any MATC authorized activity is
conducted. This includes, but is not limited to:

a. Preventing, blocking, or attempting to block or prevent student,
visitor, or authorized personnel entry to, or exit from, an MATC
building, corridor, or room.

b. Shouting, continually interrupting, whistling, derisive laughter, or
other conduct which, by itself, or in conjunction with the conduct of
others, prevents or interferes with the fair hearing of a speech,
program, event, or classroom instruction.

c. Obstructing an MATC official or employee engaged in the lawful
performance of his or her duties, including law enforcement personnel
whose services have been retained or called upon for protection of
MATC students, personnel, community, and property.

A. (2) STUDENT CONDUCT EXPECTATIONS NOT ON MATC OWNED OR
LEASED PROPERTY
In order to maintain a College environment of integrity and justice, the MATC
Student Code of Conduct shall apply to conduct which occurs on College property
and to conduct which occurs elsewhere during the course of a related function.
Conduct off of College property may also be subject to disciplinary action
provided that the conduct adversely affects the College and/or the pursuit of its
objectives.

A. (3) ACADEMIC EXPECTATIONS RELATED TO STUDENT CONDUCT
In order to encourage and foster academic excellence, the College expects
students to conduct themselves in accordance with certain generally accepted
norms of scholarship and professional behavior. Because of this expectation, the
College does not condone any form of academic misconduct. Academic
misconduct is an unacceptable activity in scholarship and is in conflict with
academic and professional ethics and morals. Consequently, students who are
judged to have engaged in some form of academic misconduct shall be subject to:

(1) academic penalties as outlined in the instructor's syllabus or department
handbook, (2) disciplinary action as outlined in the Student Code of Conduct, or
(3) any combination thereof.

When an instructor suspects academic dishonesty, he/she shall inform the
student in a timely fashion of the general facts or conduct upon which the
allegation is based, including (as appropriate) the date, time, and place when
alleged conduct took place. If the instructor determines that academic dishonesty
did not occur, no further action is necessary.

When an instructor believes an act of academic dishonesty occurred and has met
with the student (if possible) as outlined in the above paragraph, the instructor
will contact the student in writing stating the charge(s) made and resulting action
(scheduling a conference if appropriate). The instructor may choose to: (1) warn
the student of unacceptable behavior, (2) reprimand the student and issue an
alternative assignment/test, (3) reduce the grade for the project or examination,
(4) remove the student from the course and submit a Withdrawal ("W"), or (5)
assign a failing grade for the course.

The instructor shall notify the student in writing (with a copy submitted to
the Office of Student Life) of the chosen response, informing the student
that the stated response may be appealed before the Disciplinary Appeals
Committee as stated in the Student Code of Conduct under "Article C, Part
3 " Formal Hearing Procedure."

B. SANCTIONS FOR STUDENT CODE OF CONDUCT VIOLATIONS
The College seeks to ensure equal treatment of students and recognized student
organizations who are subject to disciplinary sanction(s). Any sanction(s) imposed
by the College shall be confirmed in writing. Sanctions for violations of the
student Code of Conduct include:

1. College Warning. College warning is an official notice to a student or
recognized student organization that the conduct is in violation of the
Student Code of Conduct and that the continuation of such conduct or
action(s) may result in further disciplinary sanction.

2. Disciplinary Probation. Disciplinary probation is a period of observation
and review of conduct during which the student or recognized student
organization must demonstrate compliance with College standards. Terms
of this probationary period will be determined at the time probation is
imposed.

a. General. The student or recognized student organization is placed on
General Disciplinary Probation for one or more semesters (usually for
a period not longer than one year). This disciplinary action is a
warning that any further misconduct will subject the student or
recognized student organization to more severe disciplinary action
which may include termination from the College or loss of College
recognition.

b. Strict. The student or recognized student organization is placed on
Strict Disciplinary Probation for a period of one or more semesters
(usually for a period not longer than one year). This probation will
include specific limitations including, but not limited to, restriction or
loss of certain specified privileges which may include the use of
specific areas and/or activities. It may also limit the amount of time
the student is permitted on campus. Student organizations may have
their activities curtailed or their participation may be limited
according to the severity of the infraction.

3. Disciplinary Suspension. Disciplinary Suspension means the student or
recognized student organization has temporary loss of student status for a
specified length of time, normally one to three days, while an investigation
is conducted. The student may not attend classes and may not come on
College property for the time specified at Suspension. (In cases involving
student organizations, all activities for the student group will cease during
this suspension). This sanction is reserved for cases when there is
reasonable cause to believe the continued presence of the accused student
(or continued activities of the student group) on campus presents an
immediate and definite danger to the student or group or other members of
the College community, or threatens disruption of College operations or
activities.

4. Other Sanctions. Other sanctions may be imposed instead of, or in addition
to, specific sanctions listed in this section. These include but are not
limited to: recommendations for counseling; establishment of mandatory
behavior conditions/contract stating agreed-upon behavior expectations for
continued enrollment or reenrollment; a specific project designed to assist
the student in better understanding the overall impact of his or her
behavioral infraction; and/or a contract of terms for restitution of
damaged/stolen property before enrollment is continued and/or records
are released.

5. Termination. Termination is an act of terminating a student's enrollment at
MATC and, as such, it means the student may no longer participate in any
MATC activity or be on MATC property.

6. Withdrawal Agreement. In certain cases where a student's behavior and
continued enrollment may adversely affect his or her well-being, the Chief
Disciplinary Officer and the student may agree to discontinue the student's
attendance at MATC for a specified amount of time and agree to conditions
for readmittance to the College. In such instances, the Chief Disciplinary
Officer and the student will sign a written Withdrawal Agreement.

7. Loss of Recognition. MATC-recognized student organizations may lose
recognition, and, as such, will be deprived of the use of College resources,
the use of the College's name, and the right to participate in campussponsored
activities. This loss of recognition may be for a specific period of
time or for an indefinite period of time until stated conditions are met.

C. COMPLAINT RESOLUTION AND JUDICIAL PROCEDURES
Any member of the College community may initiate a complaint in the Office of
Student Life. The Director of Student Life (or a designee) may resolve the
complaint during an initial interview, or may refer the complaint to a designated
appropriate department or agent.

1. Investigation/Resolution
If the Director of Student Life (or a designee) believes a violation of the
Student Code of Conduct may have occurred, the Director (or a designee)
will function as the Chief Disciplinary Officer. The Chief Disciplinary Officer
will then investigate the alleged violation of the Student Code of Conduct.
This investigation may necessitate the exchange of student information as
deemed necessary by MATC agents, and will be kept private. Based upon
the nature of the alleged violation and resulting investigation, cases will be
adjudicated by the appropriate College official/agent as authorized by the
Director of Student Life. In all instances, the administration of hearing
procedures will provide procedural fairness to the accused student or
MATC-recognized student organization.

2. Informal Hearing Procedure
When a disciplinary complaint (alleged violation of the Student Code of
Conduct) is referred to or acted upon by the Chief Disciplinary Officer (or a
designee), the procedure will normally be conducted in an informal
manner. An investigation and resulting discussion, counseling, persuasion
and other informal procedures will normally take place. The student or
student organization will be notified by the Chief Disciplinary Officer (or a
designee) of the stated charges. If it is determined that a violation of the
Student Code of Conduct did occur, the student or student organization
will be notified in writing within ten (10) calendar days of any sanctions
and/or judicial processes (the Disciplinary Officer may request review by
the Student Organization Review Board). Pending such action, the student
or recognized student organization has the right to be present on campus,
attend classes, or conduct organizational business except in cases of
suspension.

3. Formal Hearing Procedure
A student or student organization shall have the right to appeal the judicial
decision within ten (10) calendar days in writing to the Vice President of
Student Services or a designee. Upon receipt of a student's written request
to appear before the Disciplinary Appeals Committee (student organizations
will appear before the Student Life Committee), a hearing will be convened
at the earliest possible time within ten (10) calendar days of notice.
Maximum time limits for hearings may be extended due to hearing
committee members' schedules and/or calendar schedules, and availability
of the Vice President of Student Services or a designee. All participants will
be notified in writing of the date, time, and place, and of all charges
presented at least three (3) days in advance.

a. If a student or student organization initiating the appeal does not
appear before the hearing committee at the written notified time and
place, the hearing will be conducted without the student's or student
organization's presence, unless 24-hour notice of cancellation (limit
two) has been given. No student or student organization may be found
to have violated the Student Code of Conduct solely because the
student or organization failed to appear before the committee. In all
cases, the evidence in support of the charges shall be presented and
considered.

b. There shall be a single verbatim record, such as an audio tape, of all
hearings before the hearing committee. The record shall be the
property of Milwaukee Area Technical College and considered the only
official record. Hearings normally shall be conducted in private.
Admission of any person shall be at the discretion of the Hearing
Officer. In hearings involving more than one accused student, it will
be at the Hearing Officer's discretion to decide if the hearings
concerning each student may be conducted separately.

c. The student or student organization has the right to be assisted, at
their own expense, by advisor/legal counsel. Only the student or
student organization is allowed to present his/her or their own case
and, therefore, the advisor/legal counsel is not permitted to speak for
the student or student organization, or to participate directly in any
way before the hearing committee.

d. The accused, the complainant, the Chief Disciplinary Officer, and the
hearing committee shall have the questioning by the hearing
committee. Pertinent records, exhibits, and written statements may be
accepted as evidence for consideration by the hearing committee at
the discretion of the Hearing Officer. All procedural questions are
subject to the final decision of the Hearing Officer.

e. After the hearing, the committee shall determine (by majority vote)
whether the student or student organization has violated one or more
section(s) of the Student Code of Conduct. If the committee agrees
that the Student Code of Conduct has been violated, the committee
members will then determine appropriate sanction(s) for the violation(s).

f. The student or student organization will be notified in writing of the
hearing committee's determination(s) within five (5) calendar days of
the hearing date, unless unusual circumstances exist. In such cases,
the Hearing Officer shall notify the student or student organization of
such circumstances and will report the final determination at the
earliest possible time.

g. If a student or student organization is dissatisfied with the final
determination(s) of the hearing committee, the student or organization
may make a final appeal in writing to the Vice President of Student
Services or a designee, and state the reasons as to why such an
appeal should be considered; i.e., any new facts, evidence, or
circumstances not considered at the previous hearing. The Vice
President of Student Services or a designee will respond to the
student's or student organization's request for further consideration
within fifteen (15) calendar days as to whether the case merits
additional review. If further review is granted, it will be at the
discretion of the Vice President of Student Services or of the designee
as to how the case will be reviewed.

h. Students who have been terminated and seek readmission to
Milwaukee Area Technical College must submit a request in writing to
the Director of Student Life. Student organizations seeking
reinstatement after loss of recognition must also submit their request
to the Director of Student Life. The Director or a designee will base
the decision of readmission or reinstatement on the severity of the
reason for termination or loss of recognition, the length of separation,
and actions taken to address behavior misconduct, along with
possible recommendations made by the hearing committee.

 
D. DEFINITIONS

1. "Academic Dishonesty" includes but is not limited to, cheating,
collaborating with another without instructor approval, plagiarizing,
stealing the work of another, falsifying records, and knowingly assisting
another student on any of the above conduct.

2. "Affirmative Action Officer" means the person authorized by the College to
act as the central intake person for all internal complaints of
discrimination and/or harassment or sexual harassment.

3. "Board" means the Milwaukee Area Technical College District Board.

4. "Chief Disciplinary Officer" means any person authorized by the Director of
Student Life to investigate and/or adjudicate a violation of the Student
Code of Conduct.

5. "Code" shall refer to the Student Code of Conduct.

6. "College" means Milwaukee Area Technical College, also referred to as
"MATC."

7. "College community" includes any person who is a student, faculty member
or College official, or any person employed by the institution, and all
visitors and guests.

8. "College official or agent" includes any person employed or contracted by the
College performing assigned administrative or professional responsibilities.

9. "College premises" includes all land, buildings, facilities, and other property
in the possession of, or owned, used, leased, or controlled by the College.

10. "Executive Vice President" means an authorized person to serve in the
capacity assigned by the President of the College or a designee.

11. "Designee" refers to a person authorized to serve in the capacity assigned
by the President or another college official.

12. "Director of Student Life" means the person serving in the position of
Director of Student Life at the College or a duly-authorized designee.

13. "Disciplinary Sanction" means any action affecting the status of a student,
student organization, or person requesting enrollment taken by the
appropriate body in response to a violation of the Student Code of Conduct.
The term includes, but is not limited to, probation, suspension, and
termination.

14. "Discriminatory acts (unlawful)" refers to conduct that creates an
intimidating, hostile, or offensive academic environment, and/or
unreasonably interferes with an individual's academic performance, or
otherwise adversely affects an individual's academic progress based on
slurs, insults, use of aspersion, or other verbal or physical conduct related
to a person's race, religion, age, color, national origin, or handicap.

15. "Faculty member" or "instructor" means any person who is employed to
teach at least one course at MATC for an academic period in which an
alleged incident took place.

16. "Harassment" means the use of aspersions, insults, or slurs, or other
verbal or physical conduct which:

a. has the purpose or effect of creating an intimidating hostile or
offensive academic environment;

b. has the purpose or effect of unreasonably interfering with an
individual's academic performance; or

c. otherwise adversely affects an individual's well-being.

17. "Hearing Committee" is defined as a committee duly authorized by the Vice
President of Student Services to resolve student or certified student
organization complaints and assist in the adjudication of violations of the
Student Code of Conduct.

18. "Hearing Officer" is defined as the moderator for hearing committees duly
authorized by the Vice President of Student Services to preside over
hearing committees.

19. "May" is a term used in the permissive sense.

20. "Policy" is defined as the written regulation(s) of the College as found in,
but not limited to, the Student Code of Conduct, Student Handbook, the
College catalog, and department/division handbooks.

21. "Sexual harassment" means unwelcome sexual advances - either physical
or verbal - which are sexual in nature and uninvited, unwanted, and unreciprocal,
requests for sexual favors, and other verbal or physical conduct
of a sexual nature. Sexual harassment is prohibited by law (Wis. SS
111.32).

22. "Sexual assault" - unconsented sexual intercourse or contact against the
will of the victim (prohibited by law - Wis. SS 940.225  see "Student's
Right to Know" for entirety).

23. "Shall" is a term used in the imperative sense.

24. "Student" includes all persons taking courses at Milwaukee Area Technical
College, both full and part time, or pursuing studies of any kind even if
physical attendance on MATC property is unnecessary. Persons who are
not officially enrolled for a particular term but who have a continuing
relationship with the College are considered "students." Also, persons who
are actively in the process of enrollment are considered "students."

25. "Student organization" means any number of persons who have complied
with the formal requirement for College recognition (as outlined in the
Student Recognition and Procedures manual available in the Office of
Student Life).

26. "Student's Right to Know" refers to a publication containing information
mandated by law concerning campus security and crime statistics, alcohol
and other drug use, and sexual assault and sexual harassment. It includes
information on where to inquire about reported statistics and available
community assistance. (Note: This publication is available in Student Life
offices, is distributed at all new-student orientations, and is mailed to each
student once a year).

27. "Vice President of Student Services" means the person serving in the
position of Vice President of Student Services at the College or a designee.

28. "Written notice" means written service in person or by regular mail and/or
certified mail to an individual's last known address as conclusively as can
be determined by College student records. Where service is by mail, the
date of service shall be the second day after mailing.

E. AUTHORITY

1. The College has established these regulations regarding standards of
conduct in order to protect its educational mission, provide for orderly
conduct of its activities, and safeguard the interests of the College
community.

2. The Milwaukee Area Technical College District Board authorizes the
president of the College (Policy F1100) to administer the Student Code of
Conduct and to make changes as necessary to ensure orderliness of
process and compliance with law.

3. The Director of Student Life (or a designee) retains the responsibility for
administering the enforcement of the Student Code of Conduct.

4. The Vice President of Student Services (or a designee) expressly retains
final authority to determine the following:

a. Jurisdiction of any hearing committee in any given case where
ambiguity exists.

b. Whether a violation of this Student Code of Conduct shall be
adjudicated administratively or by a hearing committee.

c. Whether violation of a serious criminal act, occurring off campus,
shall be adjudicated by the College's judicial system.

d. The selection, training, and eligibility standards for being a hearing
officer, committee member, or advisor.

e. The removal, for cause, of any hearing officer, committee member, or
advisor.

f. How violations of the Student Code of Conduct are to be adjudicated
at the end of the academic year and during the summer session.

F. HEARING COMMITTEES

1. The College shall establish appropriate committees to hear student
complaints and make recommendations, conduct hearings and appeal
processes for imposed violations of the Student Code of Conduct, and make
recommendations based on research or investigative findings on various
issues. Such committees are:

a. Disciplinary Appeals Committee - Comprising not less than three but
no more than five members. At least three members will consist of
Associate Dean/Deans, not affiliated with the department from which
the appealing student is enrolled (unless the student should approve
of such affiliation). This committee hears the appeals of all Student
Code of Conduct violations with the exception of those involving
student organizations. It will be the student's prerogative to request
student representation on this committee. Student representation
may be selected from members of the Professional Standards
Committee (Student Senate) who are in good standing with a 3.0
cumulative grade-point average. In cases of student or calendar
schedule limitations, the Vice President of Student Services will make
the final student selection. This committee's determination will be in
keeping with the "Formal Hearing Procedure" as outlined in this Code.

b. Professional Standards Committee - A committee of the Student
Senate which attempts to resolve student complaints unrelated to
violations of the Student Code of Conduct. This committee is designed
to hear student complaints concerning faculty or staff and, after
specific procedures, makes recommendations to appropriate college
administrators concerning such complaints. (Members of this
committee may also serve on the Academic Grade Appeals Committee
and on the Disciplinary Appeals Committee.)

c. Student Life Committee - A committee whose duties include, but are
not limited to, conducting formal hearing procedures for student
organizations. This committee conducts hearings for student
organizations found by the Student Organization Review Board to
have violated the Student Code of Conduct. This committee's
determination will be in keeping with the "Formal Hearing Procedure"
as outlined in this Code.

d. Student Organization Review Board - An ad hoc committee of the
Student Life Committee which presides over informal hearings
regarding complaints filed against a recognized student organization.
This ad hoc committee's determination will be in keeping with the
"Informal Hearing Procedure" as outlined in this Code.
It should be noted that these committees are charged with reviewing evidence,
listening to all statements made pertinent to the complaint or appeal and, after
reviewing all the information presented, recommending a final disposition of the
case. In no instance is the committee charged with the authority to change a
student's grade. In almost all instances, only the instructor has the right to
change a grade. (See Academic Grade Appeal Policy DD0705, available in the
Student Life office.)

G. DISCIPLINARY FILES AND RECORDS

1. The Office of Student Life shall maintain disciplinary records and a
disciplinary tracking system, which shall include, but not be limited to, the
respondent's name and related information, description of the incident,
parties involved, Code violations, sanctions, and other data deemed
relevant. Disciplinary records shall be made available to appropriate
committees and College officials designated by the Director of Student Life
or a designee as deemed necessary on a case-by-case and need-to-know
basis.

2. Release of disciplinary information is governed under the provisions of the
Family Educational Rights and Privacy Act of 1974. This includes, but is
not limited to, a written release from the student before access to College
disciplinary files is granted, except pursuant to a lawfully-issued
subpoena/warrant and as provided by the Campus Security Act as
amended by the Higher Education Amendments of 1992 (Campus Security
Act). This Act permits higher education institutions to disclose to alleged
victims of any crime of violence (e.g., murder, robbery, aggravated assault,
burglary, motor vehicle theft) the results of disciplinary proceedings
conducted by the institution against the alleged perpetrator with respect to
such crime. The Campus Security Act also requires that both the accused
and the accuser be informed of the outcome of any campus disciplinary
proceeding involving a sexual assault. (See "D. Definitions, No. 26 -
Student's Right to Know" of this Code.)

3. Students may arrange to review their own disciplinary records by
contacting the Office of Student Life. Except as provided in the Student
Code of Conduct, the College shall not communicate a student's
disciplinary records and related information to any person or agency
without the prior written consent of the student, or if the student is a
minor, the student's parents or legal guardian may be notified. Disciplinary
proceedings shall be deemed confidential.

4. Disciplinary records are kept separate from academic records, and
transcripts of a student's academic records will contain no information
concerning disciplinary actions.

5. Disciplinary records are reviewed periodically and inactive disciplinary
records are destroyed by the Office of Student Life, except in cases of
termination.

H. VICTIMS' RIGHTS
1. An alleged victim of any violation has the option to meet with the Chief
Disciplinary Officer and discuss the disciplinary process.
2. An alleged victim has the right to submit a written account of the alleged
incident.
3. The alleged victim has the right to be advised of the date, time, and
location of the disciplinary hearing, and to request rescheduling for good
cause.
17
4. An alleged victim may be accompanied by an advisor of the victim's
choosing during the hearing process, although the advisor will not be
permitted to speak for the victim during the hearing.
5. An alleged victim may testify as a witness during the hearing or decline to
testify, with knowledge that such action could result in dismissal of the
College's charges for lack of evidence.
6. An alleged victim may submit a written impact statement to the hearing
committee for consideration.
7. An alleged victim has the right to know the status of the case at any point
during the judicial process.
8. An alleged victim has the right to know the resulting action of his/her
complaint.
9. An alleged victim has the right to an explanation of the available options of
redress.

I. PERTINENT INFORMATION

1. In all Student Code of Conduct investigations and judicial proceedings,
Milwaukee Area Technical College subscribes to the principles of due
process, i.e., fundamental fairness. The College is not bound to conform its
hearing procedures to those of a formal legal proceeding before a court of
law. Formal rules of evidence shall not be adhered to; the burden of proof
rests upon the party asserting a fact. Such proof does not extend beyond a
reasonable doubt, but rather it is based on the weight of credible evidence.

2. All students, regardless of their status in the College community, shall be
afforded the rights and privileges of due process when accused of violations
of this Code.

3. The provisions of the Student Code of Conduct are not to be regarded as a
contract between the student and the College. The College reserves the
right to amend any provision herein at any time in accordance with
established College procedures. Communication of any changes will be
made to the College community in an appropriate and timely fashion.
Reviews and revisions of the Student Code of Conduct are made
periodically and are not to exceed more than five (5) years between such
review/revision.

4. The Student Code of Conduct shall apply to conduct which occurs on
College property and to conduct which occurs elsewhere during the course
of a College function. Actions not committed on College property may also
be subject to disciplinary action provided that the offense adversely affects
the College and/or the pursuit of its objectives.

5. The actions of a student organization involved in College-related activities
or College-sponsored activities that are in violation of College regulations
may result in disciplinary action against the organization and individual
members of such organization, including actions that negatively reflect
upon the College, even though such actions may take place on premises
not owned by the College.

6. Students may be accountable to both civil authorities and to the College for
acts which constitute violations of the law and the Student Code of
Conduct. Disciplinary action at the College will normally occur while
criminal proceedings are pending, and will not be subject to challenge on
the ground that criminal charges involving the same incident have been
dismissed or reduced, or are still pending.

7. Any behavior which may have been influenced by a student's mental state
(regardless of the ultimate evaluation), or by the use of drugs or alcoholic
beverages, shall not in any way limit the responsibility of the student for
the consequences of his or her actions.

8. The College's refund policy involving a disciplinary sanction of termination
is applied in the same manner as when a student voluntarily withdraws.
(See Student Handbook for refund information.) The withdrawal date will
be the termination date.

9. Students seeking assistance for drug or alcohol problems for either
themselves or family or friends may seek assistance from the ATODA
counselor located in the Student Services Division. Such assistance is
confidential and participation/information will not in any way be used to
penalize the student.

10. Students whose behavior indicates that they are under the influence of
alcohol or other drugs upon their arrival at an MATC activity or class will
be denied admission, will be referred to the Student Life office, and may be
referred to local law enforcement agencies and/or an MATC ATODA
Counselor.

11. The Student Assistance Center (SAC) is a free service provided to students
in need of short-term counseling, with referral to community agencies if
needed for various personal problems (including, but not limited to, family
problems, suicide, homelessness, etc.). This service is confidential and is
available at each campus in the Counseling area.

12. Students wishing to file formal discrimination or harassment/sexual
harassment complaints will be referred to the College's Affirmative Action
office, which serves as the central intake point for all internal
discrimination and/or harassment/sexual harassment complaints.

13. Student complaint appeals regarding accommodations for the disabled will
be referred to the College ADA/504 Coordinator.

14. Student complaints or questions regarding reported crime statistics as
recorded in the "Student's Right to Know" publication should be directed to
the College's Public Safety Department. Questions on Affirmative Action
and harassment/sexual harassment or how to file related complaints
should be directed to the College's Affirmative Action Officer.

J. READMISSION AFTER DISCIPLINARY DISMISSAL

All students who have been involuntarily terminated from Milwaukee Area
Technical College cannot automatically re-enter MATC. Also, individuals who are
unavailable for investigation or who do not respond to written requests to contact
the Student Life office for possible violations of the Student Code of Conduct, may
also be denied automatic admission and/or readmission. Readmission to MATC
and/or entry onto MATC property in such instances will be at the discretion of
the Director of Student Life (or a designee).

Students seeking readmission/admission to MATC (as described in the preceding
paragraph) must apply in writing to the Director of Student Life requesting
admission. Admission may be granted, denied, or postponed subject to fulfillment
of conditions prescribed by the College. The Director of Student Life may also
request a reentry interview before a final decision is rendered.

The Director of Student Life, when considering enrollment/reenrollment, will
consider:

1. The conduct which initiated the denial of automatic enrollment/
reenrollment;

2. The likelihood that such conduct (if applicable) will be repeated;

3. Actions the student has taken during his/her absence that may
favorably influence the decision of the Director of Student Life (e.g.,
the student obtained assistance for substance abuse, anger
management, etc.); or,

4. If an appellate process was initiated, the recommendations of the
hearing committee concerning reinstatement.

The Director of Student Life will respond in writing to the party seeking
admission/readmission within fourteen (14) calendar days of the final decision.

 

STUDENT'S GUIDE TO PROBLEM SOLVING
(Complaint/Grievance Procedure)

Milwaukee Area Technical College provides a system that will assist students in resolving problems
efficiently and effectively. The key to quick resolution is to follow these simple procedures:
Academic Complaints - If you believe, for example, that you are receiving inadequate instruction:

Step l: Meet with your instructor to discuss this issue; if the issue is not resolved or if you feel
uncomfortable discussing the issue with your instructor,

Step 2: Report your observations to the associate dean/dean of the appropriate academic department.

Academic Grades

Step l: Meet with the instructor; if unresolved,

Step 2: Meet with the associate dean/dean; if still unresolved,

Step 3: Petition for a final grade change in writing to the associate dean/dean of the appropriate
department. (A copy of the Academic Grade Appeal Procedure {DD0705} is available in the
Student Life office or the academic dean's office.)

Academic Problems/Questions - If you are experiencing an academic problem or have a question on, for
instance, course requirements or assignments:

Step 1: Meet with the instructor; if unresolved or for further clarification,

Step 2: Meet with the associate dean of the department; if still unresolved or for further clarification,

Step 3: Meet with the dean of the department; if still unresolved,

Step 4: Seek assistance in the Student Life office at the appropriate campus.

General Campus Problems - Food, Parking, Vending Machine Refunds, Etc.

Step l: Meet with area manager on duty; if unresolved,

Step 2: Seek assistance in the Student Life office at the appropriate campus.

Harassment/Sexual Harassment and Discrimination Problems and Complaints

Step l: Review the Student Handbook and the Student Code of Conduct for definitions and
school policy information.

Step 2: If you need further clarification or wish to resolve the complaint on an informal basis,
you may wish to seek assistance in the Student Life office; if unresolved, or if you wish
to file a formal complaint,

Step 3: Contact the Affirmative Action office at the Milwaukee Campus.

Safety Concerns (Threats, Physical Safety, Dangerous Situations)

Step l: Report immediately to the Emergency Response Center, Public Safety Department
(Room M274, 414-297-6588 - Milwaukee Campus; Room A138, 262-238-2200 - North Campus;
Room A106, 414-571-4000 - South Campus; Room 101, 414-302-5204 - West Campus)

Step 2: Fill out an incident or accident report if necessary; if situation involves a violation
of the Student Code of Conduct, or is ongoing or unresolved, or if you have additional
concerns or are requested to do so,

Step 3: Report situation to the Student Life office at the appropriate campus.

Student Code of Conduct Violation

Step 1: Report violation to the Student Life Office at the appropriate campus; if emergency,

Step 2: Contact the Public Safety Department immediately.

Student/Employee Problems or Disputes

Step 1: Meet with the employee; if unresolved,

Step 2: Meet with the employee's supervisor; if still unresolved,

Step 3: Contact the Student Life office at the appropriate campus.

Student Problems/Disputes

Step l: If problem is in classroom, discuss/inform instructor; if unresolved, or uncomfortable
discussing with instructor (or if outside classroom), go immediately to Step 2.

Step 2: Contact the Student Life office at the appropriate campus.

REMEMBER - Individual complaints/problems should not disrupt the entire classroom, and should be
addressed at a time that will not interfere with the education of your classmates.
When sharing your concerns/complaints, remain calm and courteous. Problem identification and
resolution can be more easily obtained with mutual respect.