Dec 08, 2022  
2022-2023 Student Handbook 
    
2022-2023 Student Handbook

General Policy on Student Conduct & Disciplinary Sanctions


SOUTHWEST TENNESSEE COMMUNITY COLLEGE
SUBJECT: General Student Conduct & Disciplinary Sanctions
EFFECTIVE DATE: July 1, 2000; Revised March 29, 2013; Revised August 16, 2021
 
Part 1- Institutional Policy Statement
Part 2- Definitions
Part 3- Disciplinary Offenses
Part 4- Classroom and Academic Misconduct
Part 5- Disciplinary Sanctions
Part 6- Disciplinary Procedures
Part 7- Traffic and Parking

 

Part 1: Institution Policy Statement

A. Students enrolled in Southwest Tennessee Community College (“Southwest,” “the College,” or “College”) are citizens of their civic communities as well as the academic community. As such they are expected to conduct themselves as law-abiding members of each community at all times.

B. Admission to Southwest carries with its special privileges and imposes special responsibilities, apart from the rights and duties enjoyed by non-students. In recognition of the special relationship that exists between the College and the academic community that it seeks to serve, the Tennessee Board of Regents (“TBR”) has authorized the President of the College to take such action as may be necessary to maintain conditions on  Southwest owned and controlled property and to preserve the integrity of the College and its educational environment.

C. Pursuant  to  this  authorization,  and  in  fulfillment of  its duties to provide  a secure and stimulating atmosphere in which individual and academic pursuit may flourish, the following  policy  has  been developed to govern student conduct.

D. This policy was enacted pursuant to TBR 3.02.00.01.  To the extent that a conflict exists between this policy and TBR regulations, the TBR regulations will control. 

E. Students are subject to all federal,  state and local laws and ordinances.  If  a  student’s  violation  of  such 
laws or ordinances adversely affects Southwest’s pursuit of its educational objectives, the College may
enforce its own policies regardless of the status or outcome of any external proceedings instituted by other
civil or criminal authorities.

F. Students are responsible for compliance with this and other Southwest policies and regulations.

G. Disciplinary action may be taken against a student for violation of policies and regulations that occur on College  owned,  leased  or  otherwise  controlled  property  while  participating  in  international  or  distance learning programs, and off campus when the conduct impairs, interferes with, or obstructs any College activity or the mission, processes,  and functions of the College. In the case of violations that occur off Southwest owned, leased, or controlled property, the College will consider whether the violation impairs,
interferes with, or obstructs any College activity, or the mission, processes, and function of the College, including, but not limited to, conduct that:

1. Occurs in connection with any College activity, including but not limited to, international, distance, online,  or  remote  learning  programs,  athletics  events  and  other  extracurricular  activities,  clinical, internship, practicum, and similar activities;

2. Occurs while using College resources, such as computers and network systems;

3. Involves  or  affects  another  member  of  the  Southwest  or  TBR  community  (a  student,  faculty,  staff member, or guest of the College); or

4. Poses a credible, serious threat to the health and safety of the Southwest or TBR community.

H. This policy, and related material incorporated herein by reference, is applicable to student organizations as well as individual students. Whether a student organization will be held responsible for a violation of these rules by one (1) or more of its members will be based on whether the:

1. Violation is endorsed by the student organization or any of its officers.  “Endorsed by” includes, but is not limited to, active or passive consent or support, having prior knowledge that the conduct was likely to occur, or helping to plan, advertise, or promote the conduct;

2. Violation  took  place  during  the  course  of  an  activity  paid  for  by  the  student  organization  or  by members of the student organization to support the activity in question;

3. Prohibited  conduct  occurred  on  property  owned,  controlled,  rented,  leased,  or  used  by  the  student organization or any of its members for an organizational event; 

4. Prohibited  conduct  was  related  to  initiation,  admission  into,  affiliation  with,  or  as  a  condition  for continued membership in the student organization; and

5. Officer(s)  of  the  student  organization  had  prior  knowledge  or  reasonably  should  have  known  the  prohibited conduct would likely take place.

I. With regard to Confidentiality of Discipline Process, subject to the exceptions provided pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g, the Tennessee Public Records Act, T.C.A. § 10-7-504, and/or other state and federal law, a student’s disciplinary records and files are considered “education records” and are confidential.

J. Matters  involving  sexual harassment,  sexual  assault,  stalking,  domestic  violence,  and  dating  violence occurring within an education program or activity, if within the scope of Southwest Policy 5:01:02:00/29 Sexual Misconduct, which follows TBR 6.03.00.00 that implements 34 C.F.R. Part 106 related to Title IX  of  the  Education  Amendments  of  1972,  shall  proceed  in  accordance  with  Southwest  Policy 5:01:02:00/29, Sexual Misconduct, and not this policy.

Part 2: Definitions

  • For the purpose of this policy, a “student” shall mean any person:
    • Admitted to, enrolled in, and/or registered for study (including for non-credit classes) at Southwest for any academic period. This shall include any period of time following admission and/or registration, but  preceding the start of classes for any academic period, following the end of an academic period through
    • Who engaged in academic misconduct as part of the application process; and/or
    • Who previously attended Southwest and who was found to have violated the College’s student conduct and disciplinary standards policy during the time of enrollment.
    • Subject to a period of suspension or removal from campus resulting from a finding of a violation of this policy;
  • Unless explicitly provided otherwise in these rules, the term “student” shall also refer to a student organization.
  • Definitions of “Disciplinary Offenses” and “Disciplinary Sanctions” are included in their respective sections, II. and V.
  • Other definitions:

1) The term “College” or “Southwest” means Southwest Tennessee Community College.

2) “Student” is defined above.

3) The term “faculty member” means any person hired by the College to conduct instructional activities or who is otherwise considered by the College to be a member of its faculty.

4) “Staff member” means any person employed by the College in a nonteaching or nonacademic capacity.

5) “Member of the College community” includes any person who is a student, member of the faculty or staff, College official, or any other person employed by the College.

6) “Code” or “the Code” refers to the Southwest Code of Conduct and Discipline.

7) The term “College premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by Southwest (including adjacent streets and sidewalks).

8) “Student organization,” unless otherwise indicated, means any group that has complied with the formal requirements and been approved for College registration/recognition.

9) “College activity” means any activity sponsored by the College, any agency of the College, or any College organization which may be attended in part or whole by students, faculty members, staff members, or other members of the general public and conducted on or off College premises.

10) “Judicial Officer” means a College official authorized by the College to determine whether a student or organization has violated the Code of Conduct and Discipline.

11) “Hearing Body” refers to any College official or group authorized by the College to determine whether a student or organization has violated the Code of Conduct and Discipline

12) “Appeal Body” refers to any College official or group authorized by the College to hear appeals of decisions implemented by a hearing body.

13) “Appellant” refers to a student or organization who is appealing the decision of a hearing body.

14) “Complainant” is defined as Southwest or the person making a referral to the Director of Student Activities relevant to a person or group alleged to be in violation of the Code of Conduct and Discipline.

15) “Accused” is defined as the student or group alleged to have violated the College Code of Conduct and Discipline.

16) “Business days” are Southwest is open for business (excluding holidays) even if no classes are scheduled.

 

Disciplinary Authority

1) The Vice President for Student Affairs (or designee) has the authority to invoke Interim Suspension. As a general rule, the status of a student or student organization accused of violation of these regulations should not be altered until a final determination has been made in regard to the charges. However, interim suspension, pending the completion of disciplinary procedures, may be imposed upon a finding by the appropriate institutional official that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well- being of the accused, any other member of the institution its guests, property, or substantial disruption of classroom or other campus activities. In any case of interim suspension, the student, or student organization, shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the suspension.

2) The Director of Student Development is the primary Conduct Officer for the College. The Director (or designee) administers the student and organizational disciplinary processes at the College.

3) Student Disciplinary Committee has the authority to hear student and organizational misconduct matter. The Student Disciplinary Committee is composed of five (5) members: a chairman, two (2) student members, and two (2) faculty members. The two (2) student members will be appointed by the President of the College from a pool of students recommended by the President of the Student Government Association. Eligible student participants must have completed a minimum of twenty-four (24) credit hours at Southwest, have a minimum 2.5 cumulative GPA, and be in good standing. The two (2) faculty members are appointed by the President, and the chairperson of the Committee is appointed by the Vice President for Student Services and Enrollment Management. Committee members will be appointed annually and/or on an as needed basis. A quorum must be present in order for a hearing to be conducted by the Committee. However, a quorum may be waived at the request of the accused. A majority of the Committee members will constitute a quorum.

4) The Academic Appeals Committee is a standing committee appointed by the President of the College. The Committee is comprised of three (3) faculty members and two (2) students. Ordinarily, one (1) of the faculty members should be a Department Chairperson. The Committee will be chaired by one (1) of the faculty members of the Committee. Committee members will be appointed annually and/or on an as needed basis. A quorum must be present in order for a hearing to be conducted by the Committee. However, a quorum may be waived at the request of the accused. A majority of the Committee members will constitute a quorum.

5) Tennessee Uniform Administrative Procedures Act (TUAPA) - disciplinary charges which may result in: (a) suspension or expulsion of a student or student organization, from the College, for disciplinary reasons or (b) revocation of registration of a student organization, are subject to the contested case provisions of the Tennessee Uniform Administrative Procedures Act (TUAPA), T.C.A. §4-5-301 et seq., and shall be processed in accord with the Uniform Contested Case procedures adopted by the Board of Regents unless the student or organization,after receiving written notice, waives those procedures and elects to have the case disposed of in accord with College procedures or waives all right to contest the case under any procedure. These procedures shall be described in the College’s policy.

 

Part 3: Disciplinary Offenses

  1. Disciplinary measures shall be imposed according this policy and applicable procedures and processes.

  2. The College shall use the “preponderance of the evidence” standard.  A preponderance of the evidence means the greater weight of the evidence or that, according to the evidence, the conclusion sought by the party with the burden of proof is the more probable conclusion.

  3. These rules shall not be used to violate rights guaranteed under the constitution of the State of Tennessee or the constitution of the United States.

  4. Southwest  has  adopted  and  published  notice  of  offenses  for  which  both  individuals  and  student organizations may be subject to disciplinary action.

  5. Both  students  and  student  organizations  may  be  subject  to  disciplinary  action  for  the  following   disciplinary offenses identified in this policy:

    1. Threatening Conduct. Any conduct, threatened conduct, or attempted conduct that, poses a threat to a person’s safety, health, or personal well-being including, but not limited to, endangering the health, safety, or welfare of any person; engaging in conduct that causes a reasonable person to fear harm to their health, safety or welfare; or making an oral or written statement that an objectively reasonable person hearing or reading the statement would interpret as a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals; 

    2. Disruptive Conduct.  Any conduct, threatened conduct, or attempted conduct that is disruptive to the College’s learning environment, including, but not limited to, engaging in any action that interferes with the ability of the instructor to teach or other students to learn. Disruptive conduct in the class setting (which includes but is not limited to remote education and off-site locations) includes, but is not limited to, behavior that obstructs or disrupts the learning environment (e.g., offensive language, harassment  of  students  or  instructors,  repeated  outbursts  from  a  student  that  disrupt  the  flow  of   instruction  or  prevent  concentration,  failure  to  cooperate  in  maintaining  class  decorum,  etc.),  text   messaging,  and  the  continued  use  of  any  electronic  or  other  noise  or  light  emitting  device  which   disturbs others; 

    3. Hazing. Hazing, as defined in T.C.A. § 49-7-123(a)(1), means any intentional or reckless act, on or off  the  property,  of  any  higher  education  institution  by  an  individual  acting  alone,  or  with  others,   which is directed against any other person(s) that endangers the mental or physical health or safety of that person(s), or which induces or coerces a person(s) to endanger such person(s) mental or physical health or safety. Hazing does not include customary athletic events or similar contests or competitions, and  is  limited  to  those  actions  taken  and  situations  created  in  connection  with  initiation  into  or affiliation with any organization;

    4. Disorderly  Conduct.  Any  individual  or  group  behavior  which  is  abusive,  obscene,  lewd,  indecent (including, without limitation, public exposure of one’s sex organs, public urinating, and public sexual acts),  violent,  excessively  noisy,  disorderly,  or  which  unreasonably  disturbs  institutional  functions,   operations, classrooms, other groups or individuals;

    5. Obstruction of or Interference with College activities or facilities. Any intentional interference with or obstruction of any College, program, event, or facility including but not limited to the following: a. Any  unauthorized  occupancy  of  facilities  owned  or  controlled  by  the  College  or  blockage  of access to or from such facilities; b. Interference with the right of any College member or other authorized person to gain access to any activity, program, event or facilities sponsored or controlled by the College; c. Any  obstruction  or  delay  of  a  security  officer,  public  safety  officer,  police  officer,  firefighter,   EMT, or any official of the College, or failure to comply with any emergency directive issued by such person in the performance of their duty;  d. Participation in a demonstration that substantially impedes the College operations; or e. Obstruction  of  the  free  flow  of  pedestrian  or  vehicular  traffic  on  property  owned,  leased  or controlled by the College or at a College activity.

    6. Misuse of or Damage to Property. Any act of misuse, vandalism, malicious or unwarranted damage or  destruction,  defacing,  disfiguring  or  unauthorized  use  of  property  belonging  to  the  College  or  a member of the TBR community including, but not limited to, any personal property, fire alarms, fire equipment, elevators, telephones, institution keys, library materials and/or safety devices;

    7. Theft, Misappropriation, or Unauthorized Sale of Property;

    8. Misuse  of  Documents  or  Identification  Cards.  Any  forgery,  alteration  of  or  unauthorized  use  of College  documents,  forms,  records  or identification  cards,  including  the  giving  of any  false   information,  or  withholding  of  necessary  information,  in  connection  with  a  student’s  admission,   enrollment or status at the College;

    9. Weapons. Possessing, carrying, using, storing, or manufacturing any weapon on College controlled property or in connection with an institution affiliated activity, unless federal or state law provides a student with an affirmative right to possess or carry a weapon on College controlled property or in connection with a College-affiliated activity. 

    10. Explosives, Fireworks, Flammable, and Hazardous Materials. The unauthorized possession, ignition or detonation of any object or article that represents a potential danger to the Southwest community, including,  but  not  limited  to,  explosives,  fireworks,  flammable  materials,  ammunition,  hazardous liquids, chemicals, or hazardous materials;

    11. Alcoholic  Beverages  and  Alcohol-Related  Conduct.  The  use,  possession,  and/or  sale  of  alcoholic beverages on College owned or controlled property or in connection with any College activity unless expressly permitted by the College;

    12. Drugs.  The  unlawful  possession,  use,  sale,  or  manufacture  of  any  drug  or  controlled  substance (including,  but  not  limited  to,  any  stimulant,  depressant,  narcotic  or  hallucinogenic  drug,  or marijuana). This offense includes using or possessing a prescription drug if the prescription was not issued to the student, as well as the violation of any local ordinance, state, or federal law concerning the unlawful possession or use of drugs;

    13. Drug Paraphernalia. The use, possession, distribution, sale, or manufacture of equipment, products or materials that are used or intended for use in manufacturing, growing, using or distributing any drug or controlled substance. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession of drug paraphernalia;

    14. Public Intoxication. Appearing on Southwest owned or controlled property or at a College sponsored event  while  under  the  influence  of  alcohol,  a  controlled  substance,  or  of  any  other  intoxicating substance;

    15. Gambling. Unlawful gambling in any form;

    16. Financial Irresponsibility. Failure to meet financial responsibilities to the College promptly including, but not limited to, knowingly passing a worthless check or money order in payment to the College;

    17. Unacceptable Conduct Related to Disciplinary Proceedings. Any conduct at any stage of the College disciplinary proceeding or investigation that is contemptuous, threatening, retaliatory, or disorderly, including false complaints, false testimony or other falsification of evidence, and attempts to influence the impartiality of a member of an adjudicatory body, verbal or physical harassment or intimidation of the College official, hearing panel member, complainant, respondent or witness;

    18. Failure  to  Cooperate  with  College  Officials.  Failure  to  comply  with  reasonable  directions  of  the   College officials acting in the performance of their duties. This includes, but is not limited to, failing to respond to a request to report to a Southwest administrative office, failing to cooperate in a College investigation, and/or failing to appear at a College hearing, including, without limitation, a disciplinary hearing;

    19. Attempts, Aiding and Abetting. Any attempt to commit any of the offenses listed under this section or the aiding or abetting of the commission of any of the offenses listed under this section. (An attempt to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission.) Being present during the planning or commission of any offense listed under this section without having made an immediate report to the College prior to the commission of the planned offense will be considered as aiding and abetting. Students who anticipate or observe an offense must remove  themselves from the situation and are required to report the offense to the College;

    20. Violations  of  State  or  Federal  Laws.  Any  conviction  of  violation  of  state  or  federal  laws,  rules,  or regulations prohibiting conduct or establishing offenses;

    21. Violation of Imposed Disciplinary Sanctions. Intentional or unintentional violation of a disciplinary sanction imposed through the College disciplinary proceeding;

    22. Sexual Misconduct. Committing any act of sexual assault, rape, sexual battery, domestic violence, or dating violence as defined by state or federal law;

    23. Harassment, Stalking, or Retaliation. Any conduct that falls within T.C.A. § 39-17-308 (Harassment) or  T.C.A.  §  39-17-315  (Stalking)  or  “student-on-student  harassment,”  which  means  unwelcome   conduct directed toward a person that is discriminatory on a basis prohibited by federal, state, or local law,  and  that  is  so  severe,  pervasive,  and  objectively  offensive  that  it  effectively  bars  the  victim’s   access to educational opportunity or benefit. Engaging in “retaliation,” which is an act or omission committed by a student because of another person’s participation in a protected activity that would discourage  a  reasonable  person  from  engaging  in  protected  activity.  Retaliation  violates  these   standards regardless of whether the underlying allegation of a violation of policy is ultimately found to  have  merit.    Retaliation  can  include,  without  limitation:  an  act  or  omission  committed  against  a   person’s family, friends, advisors, and or other persons reasonably expected to provide information in connection with the College investigation or hearing, and an act or omission committed by a student through a third party; 

    24. Discrimination.    Any  conduct  prohibited  by  any  federal  or  state  law,  rule,  or  regulation  related  to   discrimination, harassment, or retaliation;

    25. Academic  Misconduct.  Any  action  or  attempted  action  designed  to  provide  an  unfair  academic advantage  or  disadvantage  for  oneself  or  others.  Academic  misconduct  includes  a  wide  variety  of behaviors such as plagiarism, cheating, fabrication, and other academic dishonesty. For purposes of this policy the following definitions apply:

      1. Plagiarism. The adoption or reproduction of ideas, words, statements, images, or works of another person as one’s own without proper attribution. Examples include but are not limited to copying of passages from works of others into one’s own work without acknowledgment; summarizing or paraphrasing  ideas  from  another  source  without  proper  attribution,  unless  such  information  is   recognized as common knowledge; and using facts, statistics graphs, representations, or phrases without proper attribution;

      2. Cheating. Using or attempting to use unauthorized materials, information, or aids in any academic exercise or test/examination.  Examples  include  but  are  not  limited  to  copying  another’s  work; obtaining or giving unauthorized assistance; unauthorized collaboration or collusion with another person; having another person take a test for a student; and the use of unauthorized materials or devices.  The term academic exercise includes all forms of work submitted for credit or hours;

      3. Fabrication.  Falsifying,  fabricating,  or  misrepresenting  data,  research  results,  citations  or  other information in connection with an academic assignment. Unauthorized falsification or invention of any information or citation in an academic exercise.

    26. Unauthorized Duplication or Possession of Keys. Making, causing to be made or the possession of, with the intent to use or make available for use by others, any key for a College facility without proper authorization;

    27. Litter. Dispersing litter in any form onto the grounds or facilities of the campus;

    28. Pornography. Public display of literature, films, pictures or other materials which an average person applying contemporary community standards would find, (1) taken as a whole, appeals to the prurient interest,  (2)  depicts  or  describes  sexual  conduct  in  a  patently  offensive  way,  and/or  (3)  taken  as  a   whole, lacks serious literary, artistic, political or scientific value;

    29. Abuse of Computer Resources and Facilities. Misusing and/or abusing campus computer resources including, but not limited to the following:

      1. Use of another person’s identification to gain access to Southwest computer resources;

      2. Use of Southwest computer resources and facilities to violate copyright laws, including, but not limited  to,  the  act  of  unauthorized  distribution  of  copyrighted  materials  using  Southwest   information technology systems;

      3. Unauthorized access to a computer or network file, including but not limited to, altering, using, reading, copying, or deleting the file;

      4. Unauthorized transfer of a computer or network file;

      5. Use of computing resources and facilities to send abusive or obscene correspondence;

      6. Use of computing resources and facilities in a manner that interferes with normal operation of the College computing system;

      7. Use of computing resources and facilities to interfere with the work of another student, faculty member, or College official; and

      8. Unauthorized peer-to-peer file sharing.

    30. Unauthorized Access to College Facilities and/or Grounds. Any unauthorized access and/or occupancy  of  College  facilities  and/or  grounds  is  prohibited,  including,  but  not  limited  to,  gaining access to facilities and grounds that are closed to the public, being present in areas of campus that are open to limited guests only, being present in academic buildings after hours without permission, and being present in buildings when the student has no legitimate reason to be present;

    31. Providing False Information. Giving any false information to, or withholding necessary information from,  any  College  official  acting  in  the  performance  of  their  duties  in  connection  with  a  student’s   admission, enrollment, or status in the College.

    32. Observation Without Consent. Observation Without Consent, which is prohibited by T.C.A. § 39-13- 607  (a  criminal  statute)  for  purposes  of  this  policy,  means  knowingly  spying  upon,  observing,  or otherwise viewing an individual, regardless of whether a photo, video, or recording is made, when the individual is in a place where there is reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing would offend or embarrass an ordinary person if the person knew the person was being viewed. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, living quarters, restrooms, and storing, sharing, and/or distributing of such unauthorized images by any means;

    33. Smoking  Violations.  Smoking  or  tobacco  use  in  any  College  building  or  facility,  in  any  College- owned vehicle, or on any College grounds or property, unless in a designated smoking or tobacco use area.  For the purposes of these rules, “tobacco use” includes, but is not limited to, the personal use of any  tobacco  product,  whether  intended  to  be  lit  or  not,  which  includes  smoking  tobacco  or  other   substances that are lit and smoked, as well as the use of an electronic cigarette or any other device intended to simulate smoking, and the use of smokeless tobacco, including snuff; chewing tobacco; smokeless pouches; any form of loose-leaf, smokeless tobacco; and the use of unlit cigarettes, cigars, and pipe tobacco;

    34. Maintenance  of  Ethical  and  Professional  Standards.    Failure  to  maintain  the  high ethical  and professional  standards  of  the  various  disciplines  of  the  health  professions  may  subject a student  to   suspension from a program, dismissal from a program, or other appropriate remedial action.

      1. A student enrolled in a program leading to a degree or certificate in a health profession is subject to disciplinary action up to and including suspension and dismissal from a program for engaging in the following acts of misconduct, regardless of location:

        1. Commission of an offense classified as a felony by Tennessee or federal criminal statutes; 

        2. Unlawful use, possession, or sale of drugs or narcotics, whether or not felonious; 

        3. Other  unprofessional  or  unethical  conduct  that  would  bring disrepute  and  disgrace  upon both the student and profession and that would tend to substantially reduce or eliminate the student’s  ability  to  effectively  practice  the  profession  in  which  discipline  he  or  she  is enrolled; or

        4. Conduct that is in violation of either a relevant Tennessee statute establishing professional standards or a rule or regulation of a Tennessee regulatory board or other body responsible for the establishment and enforcement of professional standards.

      2. A person applying for admission to a health profession program may be denied admission to the program on the basis of their violation of the aforementioned ethical and professional standards;

    35. Traffic  and  Parking  Fines. Receiving  $100.00  or  more  in  traffic  and/or  parking  violations  on  College   property or College-controlled property during any semester

    36. Indecent Exposure.  Indecent Exposure, which is prohibited by T.C.A. § 39-13-511 (a criminal statute), for purposes of this policy  means in a public place intentionally exposing one’s  genitals or buttocks to another or engaging in sexual contact or sexual penetration where the person reasonably expects that the acts will be viewed by another, and the acts will offend an ordinary viewer or are for the purpose of sexual arousal and/or gratification.

 

Disciplinary Holds

  1. Southwest may place a hold on a student’s record when the student has: 

    1. Withdrawn from the College while a disciplinary meeting and/or proceeding is pending; 

    2. Not responded to a College official’s request for a meeting or hearing; or 

    3. Been suspended or expelled.

  2. A disciplinary hold may remain on a student’s record until final resolution of a disciplinary meeting and/or disciplinary hearing. 

  3. Southwest will not confer a degree or credential when a student record has been placed on hold, or when a student has a pending disciplinary meeting and/or disciplinary proceeding. 

  4. Except for cases involving Academic Misconduct, the College will not revoke a degree or credential based on conduct occurring while a person was a student, but not discovered until after the awarding of a degree or credential.

Part 4: Academic and Classroom Misconduct

All students are accountable for their behavior when it leads to a breach of conduct. 

A. Classroom Misconduct

The instructor has the primary responsibility for maintenance of academic integrity and controlling class (which for this policy includes  any  remote class and/or offsite class such as  a  clinic site or other non-traditional class environment) behavior and responding to disruptive conduct.

  • Disruptive behavior in the classroom may be defined as, but not limited to, behavior that obstructs or disrupts  the  learning  environment  (e.g.,  offensive  language,  harassment  of  students  and  professors,   repeated outbursts from a student which disrupt the flow of instruction or prevent concentration on the subject taught, failure to cooperate in maintaining classroom decorum, etc.), text messaging, and the continued  use  of  any  electronic  or  other  noise  or  light  emitting  device  which  disturbs  others  (e.g.,   disturbing noises from beepers, cell phones, palm pilots, lap-top computers, games, etc.).
  • The instructor may order the temporary  removal  or exclusion from the class of any student engaged in disruptive  conduct  or  other  conduct  that  violates  this  policy  for  each  class  session  during  which  the conduct occurs. Extended or permanent exclusion from the classroom, beyond the session in which the conduct occurred, or further disciplinary action can be affected only through appropriate procedures.

B. Academic Misconduct (Academic Dishonesty)

  1. Academic misconduct is prohibited. Students guilty of academic misconduct, either directly or indirectly, through participation or assistance, are immediately responsible to the instructor of the class.  In addition to other possible disciplinary sanctions which may be imposed in accordance with this policy, the instructor has the authority to take academic discipline consistent with the College policy, procedures, and processes.
  2. An  instructor  who  determines  that  a  student  has  engaged  in  academic  misconduct  may  choose  to  exercise   academic discipline by lowering to any extent, including to a grade of “F” or “zero,” a student’s grade in the course, assignment, or examination affected by the alleged academic misconduct.
  3. An  instructor  who  initiates  academic  discipline  shall  inform  the  appropriate  Chair  and  Dean  (or  other   individual(s) identified by the College) in writing of the finding of academic misconduct, the basis therefor, the academic discipline imposed, and the appeals process within five (5) days of the imposition of academic discipline.
  4. A student may not withdraw from a course pending final resolution of an allegation of academic misconduct. Students are permitted and encouraged to continue attending class until the academic disciplinary decision, including all appeals, is final. 
  5. A  student  charged  with  academic  misconduct  has  the  option  of  either  accepting  the  academic  discipline   imposed by the instructor or initiating the appeals process to challenge the allegation of academic misconduct or the severity of the academic discipline.  If the student does not respond in writing within five (5) days by either accepting or appealing the academic discipline to the College academic misconduct appeals committee, the student waives the right to contest the academic discipline, at which time it becomes final.
  6. Southwest academic misconduct appeals committee shall consist of at least three (3) individuals and include at  least  one  (1)  student.  The  Vice  President  of  Student  Affairs  or  assigned  designee  will  assemble  the   committee and coordinate the hearing but will not participate on the committee.  Any individual who has an interest in the incident, a conflict of interest, or a bias is not permitted to serve on the committee. Southwest may  maintain  standing  pools  from  which  individuals  may  be  appointed  and/or  appoint  ad  hoc  academic misconduct appeals committees.
  7. The academic misconduct appeals committee will set a hearing date that is within fifteen (15) business days of receipt of date of the student’s appeal. The student must receive at least seven (7) calendar days’ notice of the date, time, and location of the hearing.  A student will be notified of the due process protections provided for in this policy. 
  8. The  academic  misconduct  appeals  committee  will  conduct  the  appeal  hearing,  consider  the  evidence   presented, and decide based on a simple majority vote using a preponderance of the evidence standard. The committee  can  either  uphold,  overturn,  or  lessen  the  academic  discipline.    The  results  of  the  committee’s decision  will  be  conveyed  to  the  student  in  writing,  through  the  chief  academic  officer  or  other  individual   identified by the College, within ten (10) business days of the hearing. 
  9. If the academic misconduct appeals committee upholds or lessens the academic discipline, the student may appeal  in  writing  to  the  President  within  five  (5)  business  days  following  receipt  of  the  decision  of  the   committee. The President will decide within ten (10) business days. The President’s decision is final. 
  10. The College’s Vice President of Student Affairs, President, or other administrator identified by the College has the ability to extend any deadline in this section for good cause and upon written notice to the student. 
  11. In addition to academic discipline, a student who is found responsible for academic misconduct, either one or more times, may be subject to disciplinary sanctions in accordance with this policy.
  12. Southwest will maintain permanently all submissions by the student and all decisions of College officials and committees relating to academic misconduct. 
    1. Cheating
      1. Knowingly discovering or attempting to discover the content of an examination before the content is presented by the instructor.
      2. Obtaining or attempting to obtain, use or supply any person with unauthorized material or device when contemplating or taking an examination.
      3. Using or attempting to use or supply any person any material or device dishonestly for an examination.
      4. Willfully receiving or supplying any aid not authorized by the instructor.
      5. Intentionally sharing of information or working together in an academic exercise when such
        collaboration was not approved by the instructor.
    2. Plagiarism
      1. Representing to be their own, any work which is not the product of their own effort or study, if the work would affect his grade, credit, or status in the College.
      2. Using another individual’s or group’s words or ideas without clearly acknowledging the source of that information, resulting in their false representation as one’s own individual work.
      3. Plagiarism may be either deliberate or unwitting; that is, it is the responsibility of a college student to know what constitutes plagiarism so that ignorance is not a legitimate defense against a charge of plagiarism.

Part 5: Disciplinary Sanctions 

  1. Southwest shall publish this policy, provide notice of potential disciplinary sanctions applicable to both students and student organizations.   Disciplinary sanctions may be imposed only after a violation of this policy has been established. Disciplinary sanctions may be imposed, either singly or in combination, by the appropriate College officials. 
  2. Type of Sanctions:
    1. Restitution.  Restitution may be required in situations which involve theft, destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury. When restitution is required, the student or student organization is obligated by the appropriate College authority to compensate a party or  parties  for  a  loss  suffered  as  a  result  of  disciplinary  violation(s).  This  action  may  take  the  form  of   appropriate service, monetary compensation, or material replacement. Any monetary payment in restitution shall be limited to actual cost of repair, replacement or financial loss;
    2. Warning.  The  appropriate  College  official  may  notify  orally  or  in  writing  the  student  or  student  
      organization that continuation or repetition of specified conduct may be cause for other disciplinary action;
    3. Reprimand. A written or verbal reprimand or censure may be given to any student or student organization whose conduct violates any part of this policy and provides notice that that any further violation(s) may result in more serious penalties;
    4. Service  to  the  College  or  Community.  A  student,  or  student  organization,  may  be  required  to  donate  a   specified number of service hours to the College performing reasonable tasks for an appropriate College office,  official(s),  or  the  local  community.  The  service  required  shall  be  commensurate  to  the  offense  
      (including but not limited to service for maintenance staff for defacing College property);
    5. Specified  Educational/Counseling  Program.  A  student  or  student  organization  may  be required  to participate in specified educational or counseling program(s) relevant to the offense, or to prepare a project or report concerning a relevant topic;
    6. Restriction. A restriction upon a student’s or student organization’s privileges for a period of time may be imposed. This restriction may include, but is not limited to denial of the ability to represent the College at any  event,  ability  to  participate  in  the  College  sponsored  travel,  use  of  facilities,  parking  privileges,   participation in extracurricular activities or restriction of organizational privileges;
    7. Probation. Continued enrollment of a student or recognition of a student organization on probation may be  conditioned  upon  adherence  to  this  policy.  Any  student  or  organization  placed  on  probation  will  be   notified in writing of the terms and length of the probation. Probation may include but not be limited to restrictions upon extracurricular activities, or any other appropriate special condition(s). Any conduct in further violation of this policy while on probationary status or the failure to comply with the terms of the probationary period may result in the imposition of further disciplinary action;
    8. Suspension.  Suspension is the separation of a student  or student organization from the College for a specified  period  of  time.  Suspension  may  be  accompanied  by  special  conditions  for  readmission  or   recognition;
    9. Expulsion. Expulsion entails a permanent separation from the College. The imposition of this sanction is a permanent  bar  to  the  student’s  admission, or a student  organization’s  recognition  by  the  College.  A  student or organization that has been expelled may not enter Southwest property or facilities or College- controlled property or facilities without obtaining prior approval from an appropriate campus official with knowledge of the expulsion directive;
    10. Revocation and Withholding of Admission, Degree, or Credential; and
    11. Interim  Involuntary  Withdrawal  or  Suspension.  As  a  general  rule,  the  status  of  a  student  or  student   organization accused of violation of these rules, this policy, or the College policy should not be altered until  a  final  determination  has  been  made  in  regard  to  the  charges.  However,  interim  or  involuntary   withdrawal  or  suspension,  pending  the  completion  of  disciplinary  procedures,  may  be  imposed  upon  a   finding that the conduct, or attempted conduct of the student poses a direct threat to the safety of any other member  of  the  College,  its  guests,  property,  or  the  student’s  behavior  is  materially  and  substantially   disruptive  of  the  College’s  learning  environment or  other  campus  activities.  In  any  case  of  interim  or   involuntary withdrawal or suspension, the student, or student organization, shall be given an opportunity at  the  time  of  the  decision,  or  as  soon  thereafter  as  reasonably  possible,  to  contest  the  suspension  in   accordance with this policy.

The  President  may,  either  personally  or  through  a  designee,  negotiate  a mutually  acceptable  resolution  to  any disciplinary proceeding.  The President may also rescind or convert any sanction imposed to a lesser sanction.

Part 6: Disciplinary Procedures

  1. Southwest will provide students with a system of constitutionally and legally sound procedures that provide the protection of due process of law in accordance with TBR Systemwide Student Rules, this policy, and applicable state and federal law. All policies adopted related to student conduct shall be subject to prior review and approval by the TBR Offices of General Counsel and Academic Affairs. Once adopted or amended, all disciplinary procedures shall be affirmatively communicated to the faculty, staff, and students of the College as well as published in appropriate websites, handbooks, and manuals.
  2. The Vice President of Student Affairs or or the Vice President of Student Affair’s designee is responsible for matters within the scope of this policy, except that the Vice President of Academic Affairs is responsible for matters related to academic misconduct.  In situations where the conduct could fall within both areas of
    responsibility, the two (2) offices will confer and decide which procedures will apply and advise the student or student organization in writing of the decision.
  3. Complaints related to discrimination, harassment, and retaliation that are not subject to another rule will be investigated and resolved in accordance with this policy and the College’s restatement of this policy, procedures, and processes.
    1. In determining whether the evidence establishes a violation of a Southwest policy, the College shall use  the  preponderance  of  the  evidence  standard  for  contested  cases,  as  explained  in  TBR  Policy 1.06.00.05, Uniform Procedures for Cases Subject to the Uniform Administrative Procedures Act and Department of State Rule 1360-04-01. At all times the burden of obtaining evidence and establishing a violation shall be on the College.
    2. In the event of bias or conflict of interest by a College official, the College may appoint a substitute, who may or may not be employed by the College.
    3. The  investigator  shall  conduct  an  appropriate  investigation,  which  may  include  interviews  of  the parties  and  witnesses,  as  well  as  review  of  documents  and  other  information.  The  purpose  of  the   investigation  is  to  determine  whether  the  evidence  establishes  a  violation  of Southwest  policy  and procedures. The parties  are  encouraged, but not  required, to provide information that they  want the investigator to consider.
    4. The investigator shall provide written notice of receipt of a written complaint or the decision to initiate an investigation.
    5. The  investigator  shall  notify  students  that  the  College  will  comply  with  FERPA  and  only  disclose information in accordance with FERPA and other applicable law.
    6. The investigator shall prepare a report summarizing the investigation.  The report shall include, but not be limited to, the dates of the alleged occurrences, the response of the respondent, the findings of the investigator, and recommendations regarding disposition of the complaint.
    7. The  report  shall be  submitted  to  the  College’s  President  within  sixty  (60)  calendar  days  following receipt  of  the  complaint,  absent  cause  for  extending  the  investigation  timeline.    In  situations  where more  time  is  needed  to  complete  the  investigation,  written  notice  shall  be  provided  to  the  parties explaining the reasons.
    8. The  President  shall  review  the  investigator’s  report  and  shall  make  a  written  determination  as  to   whether  this  policy,  and  Southwest  policy,  processes,  and  procedures  have  been  violated  and  the appropriate disciplinary sanction, if any. The President’s determination and the investigator’s report shall be provided to the parties, unless prohibited by law.
    9. Either party may send a written request to reconsider to the President within ten (10) working days, absent good cause, of receipt of the President’s determination.
      1. The  request  to  reconsider  process  shall consist  of  an  opportunity  for  the  parties  to  provide information to the President’s attention that would change the determination and/or disciplinary sanction.  A party must explain why the factual information was incomplete, the analysis of the facts  was  incorrect,  the  determination  was  affected  by  bias  or  a  conflict  of  interest,  procedural   irregularity,  and/or  the  appropriate  standard  was  not  applied,  and  how  this  would  affect  the   determination. Failure to do so may result in denial of the request to reconsider.
      2. The parties will not be allowed to present their request to reconsider in person unless the President determines, in their sole discretion, to allow an in-person appearance.
      3. The President shall issue a written response to the request to reconsider as promptly as possible. The decision will constitute the College’s final decision.
      4. The  College  shall  provide  written  notice  of  the  ability  to contest  the  determination  and/or disciplinary sanctions, including where applicable, the ability to request a contested case hearing pursuant to the UAPA, to the parties at the time the parties are advised of the determination and upon the resolution of any request to reconsider or appeal.
  4. Students and student organizations subject to any disciplinary sanction are entitled to a due process hearing in accordance with this policy and standards established by the constitutions of the State of Tennessee and the United States unless that right is waived after receiving written notice of the available procedures.
  5. All proceedings under this policy will be held in closed session and not open to the public.  Formal rules of evidence shall not be applicable. The administrator or committee chair may exclude evidence which in their judgment is immaterial, irrelevant, or unduly repetitious.
  6. Written notice to a student or student organization is accomplished either by handing a copy to the student; sending  documents  via  to  email  to  the  student’s  or  student  organization’s  College  email  account;  email   account  of  record  on  file  with  the  College;  or  by  sending  a  copy  via  certified  mail,  registered  mail,  return   receipt  requested  mail,  or  a  nationally  recognized  delivery  service  that  tracks  delivery  to  the  student’s residence of record or the student organization’s address of record.

Initiation of Changes

G. Southwest may initiate the disciplinary process on the basis of written allegations received from any source, including  any  member  of  the  college  community.    Complaints  should  be  directed  to  the  Vice  President  of   Student Affairs or other administrator identified by the College, except that complaints relating to discrimination, harassment, and retaliation should be referred to the administrator identified by the College so  that  such  complaints  can  be  handled  in  accordance  with  Southwest  policy  and  procedures.  The  College   may also initiate disciplinary procedures without written allegations if it becomes aware of potential violations of these rules through other means.

H. When  the  allegations,  if  proven,  may  warrant  the  imposition  of  a  disciplinary  sanction,  the  College  shall   inform the student of the allegations and proceed to gather information concerning the matter, including, but not limited to, interviewing relevant witnesses and reviewing relevant documents and evidence.  Students who may be the subject of disciplinary sanctions will be provided the minimum due process protections identified in this policy.

I. After  reviewing  the  evidence,  the administrator  with  responsibility  for  the  matter  shall  decide  whether sufficient evidence exists to charge the student, and if so, the appropriate disciplinary sanction(s). Notice of the  charges  and  disciplinary  sanction(s),  if  any,  shall  be  provided  in  writing  to  the  student. If  there  is insufficient evidence to continue the disciplinary process, the matter will be closed, and written notice will be provided to the student.

Minimum Due Process Protections

Southwest  will  provide  the  following  minimum  procedural  due  process  protection  components  in  disciplinary matters:

A. The student shall be advised, in writing, of the breach of the policy provision(s) of which he or she is charged;

B. The student shall be advised of the time, date, and place of the hearing allowing reasonable time for preparation; and

C. Students shall be advised of the following rights applicable at the hearing:

1. The right to present their case;

2. The right to be accompanied by an advisor of their choice. The advisor’s participation shall be limited to advising the student, and not include advocating on behalf of the student, speaking on  behalf  of  the  student,  or  otherwise  actively  representing  the  student.    An  advisor  is  not   permitted to interfere with the hearing;

3. The right to call witnesses on their behalf;

4. The right to confront witnesses against them; and 

5. The method and time limitations for appeal, if any is applicable.

D.  Options for Students. Four potential processes exist for adjudication of disciplinary matters. The student will be  informed  in  writing  of  each  available  option  and  the  due  process  rights  associated  with  each  option.  A  student will have five (5) business days following written notification to select an option. If a student fails to return the election of a procedure in a timely manner, the student will be deemed to have waived the right to contest the disciplinary sanction.  Selection of one option constitutes waiver of all other options. 

E. Contested Case Hearing: All cases which may result in either: suspension or expulsion of a student from the College for  disciplinary  reasons,  or  revocation  of  registration  of  a  student  organization,  are  subject  to  the   contested case provisions of the Uniform Administrative Procedures Act , T.C.A. § 4-5-301 et seq., and TBR Policy  1.06.00.05,  Uniform  Procedures  for  Cases  Subject  to  the  Uniform  Administrative  Procedures  Act, unless the student or student organization, after receiving written notice, waives those procedures. 

F. A student at Southwest may elect a College panel hearing. 

1. Southwest Panel Hearing 

i. Southwest  panel  hearing  committee  at  a  community  college  shall  consist  of  at  least  three  (3)   individuals and include  at least one (1) student. The Vice President of Student Affairs, or other administrator  identified  by  the  College  will  assemble  the  committee  and  coordinate  the  hearing   but will not vote as to the committee’s decision.  An individual who has an interest in the incident, a conflict of interest, or a bias is not permitted to serve on the committee. The College may appoint individuals from standing pools and/or appoint ad hoc committees.

ii. The  committee  will  set  a  hearing  date  that  is  within  fifteen  (15)  business  days  of  receipt  of  the   student’s request for a panel hearing. The student must be notified of the date, time, and location of the hearing as soon as possible, but given at least seven (7) calendar days’ notice.  A student will be notified of the due process protections provided for in these rules.

iii. The  committee  will  conduct  the  hearing,  consider  the  relevant  evidence  presented,  and  decide based  on  a  simple  majority  vote.  The  committee can  either  uphold,  overturn,  or  lessen  the disciplinary finding and/or sanction.  The results of the decision will be conveyed to the student in writing,  through  the  Vice  President  of  Student  Affairs,  or  other  administrator  identified  by  the College, within ten (10) business days of the hearing.

iv. If the committee upholds or lessens the disciplinary finding and/or sanction, the student may appeal in writing to the President within five (5) business days following receipt of the decision of the committee. The President will decide within ten (10) business days. The President’s decision is final.

v. The President, Vice President of Student Affairs or other administrator identified by the College has the ability to extend deadlines for good cause and upon written notice to the student.

vi. The College shall maintain all submissions by the student and all decisions of Southwest officials
and committees permanently. 

G.  Administrative Resolution. An administrative resolution involves the student meeting with a single administrator appointed by the Vice President of Student Affairs.There  is  no  appeal. The decision of the administrator is final.

H.  A  student  may elect not to contest the disciplinary action, either affirmatively or by failing to return the election of a procedure in a timely manner, which serves as a waiver of the right to contest the disciplinary action.

I. Procedures Related to Interim Involuntary Withdrawal or Suspension Hearings. 

1. When  the  Vice  President  for  Student  Affairs  or  other  administrator  identified  by  the  College determines that an interim suspension or other interim measure is required for the health and safety of the institutional community and/or property, or to prevent an ongoing imminent threat of disruption to or interference with the normal operations of the College, the student will receive an opportunity for an informal hearing with the Vice President of Student Affairs or other administrator identified by the College to contest the interim measure. 

2. The informal hearing will be held within five (5) calendar days, absent good cause.

3. The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted for imposition of the interim suspension or other interim measure.

Alternative Resolution Procedures: The College, with the consent of all relevant parties, may use an alternative resolution method including, but not limited to, an apology, mediation, or a negotiated resolution.

Part 7- Traffic and Parking

A. General 

  1. The Director of Police Services is responsible for the enforcement of this code.

  2. The Director of Police Services may exclude or remove (tow) from the campus any vehicle used as an instrument in a crime, suspected of being stolen, abandoned or mechanically unfit, operated by a person under the apparent influence of intoxicants, or one that has not been properly registered in accordance with this code.

  3. While the State of Tennessee and Southwest have no legal responsibility for the care and/or protection of any vehicle operated or  parked on  a  Southwest facility, there is  a  moral concern for  the safety of  such vehicles.

  4. If  a  vehicle  and/or  its  contents  are  stolen  or  damaged  in  any  way  while  on  Southwest  property,  this information  should  be  immediately  reported  to  the  Police  Services  office.  Police  Services  will  help  in processing reports and/or claims to the appropriate  agencies.

  5. Bicycle riding is considered regular traffic.  

B. Definitions

  1. Student - Any person registered in a course offered by Southwest.

  2. Employee - Any non-student employed by Southwest.

  3. Visitor - Any individual on official business with, or present as a guest of Southwest.

  4. Parking  Area  -  College  designated  locations  where  individuals  are  allowed  to  park  a  motor   vehicle. Some locations may have designations for employees to park, as opposed to students.

  5. Campus - All areas falling within the jurisdiction of Southwest.

  6. Permit  -  The  official  motor  vehicle  authorization,  which  is  a  hang  tag  type  permit  that must be displayed by hanging from the inside rear-view mirror.

  7. Temporary Parking Permit - A permit issued by the Police Services Office for a brief period of time, usually no more than three (3) working days. This permit is also issued to visitors and guests.

  8. Revocation  or  Suspension  of  On-Campus  Driving  Privilege  -  The  withdrawal  of  an individual’s privilege to operate and/or park a motor vehicle on campus. 

C. Registration of Vehicles/Permits/Decals

  1. Vehicle Registration 

    1. Police Services will issue a parking permit for each registered vehicle.

    2. Any individual who obtains vehicle registration by misrepresentation will be subject to disciplinary and/or administrative action.

  2. Permits

    1. A temporary visitor/guest permit will be issued from Police Services. Visitors must acquire and display the permit and must adhere to all Southwest  parking regulations.

    2. Non-registered  vehicles  are  not  permitted  to  park  in  any  Southwest  parking  facility,  unless  a   temporary permit is obtained.

    3. Proper  registration  allows  the  registrant  to  operate  a  vehicle  on  campus  and  to  park  in  available designated spaces. It does not assure the registrant of a parking space and does not permit usage of parking facilities other than those outlined in the Traffic Code.

    4. Bicycles need not be registered.

  3. Permit Display 

    1. Cars, trucks, and vans must hang the permit from the rear-view mirror.

    2. Motorcycles and motor bikes must permanently affix the permit to the windshield headlamp, or gas tank in a position where it is readily visible.

D. Parking Regulations

  1. Parking  regulations  are  enforced  twenty-four  (24)  hours  a  day,  seven  (7)  days  a  week. On-campus parking areas are designated in the following manner:

    1. Students - Students are allowed to park in any Southwest parking facility that is not designated as Employee Parking, Restricted Parking, Reserved Parking, Handicapped Parking, or State Vehicle Parking.

    2. Employees - Employees are allowed to park in any Southwest parking facility that is not designated for individuals with Restricted Permits, Handicapped or Disabled Permits, Reserved spaces, or State Vehicle spaces.

    3. Restricted - Those individuals with Restricted Parking permits may park in any parking facility that is not designated as Handicap or Disabled, State Vehicle, or Reserved.

    4. Handicap or Disabled - Specific spaces have been reserved within all parking facilities for students and employees with disabilities who have handicap/disabled permits or handicap license plates.   These individuals may utilize these spaces, as well as any non-reserved spaces on campus.

    5. Reserved - Specific places have been designated for a specific college official such as the President. Only those individuals that the space is designated for may utilize this space.

    6. Bicycles shall be parked in designated areas and are not permitted inside any College building.

  2. Prohibited Parking

    1. In any fire lanes. All drive-through areas in parking lots are considered fire lanes.

    2. Within fifteen (15) feet of a fire hydrant.

    3. In a driveway, unless there is a marked parking space within the driveway.

    4. On sidewalks or grassed areas.

    5. In any area designated as “No Parking” zone.

    6. In service or delivery areas (official vehicles are exempt)

    7. The standing or stopping of a vehicle in a traffic lane next to a parking space (double parking) is not permitted. If traffic is blocked by standing or stopping, the person for whom the vehicle is waiting may be held liable for the violation. 

E. Traffic

  1. Standing Violations

    1. An unattended vehicle will be considered parked.

    2. Double parking is not permitted. If traffic is blocked by standing or stopping of a vehicle, the person for who the vehicle is waiting may be held liable for the violation.

    3. Parking must be within the designated lines of a parking space, no line straddling.

    4. Parallel parked vehicles must be parked in the same direction as the flow of traffic.

  2. Moving Violations

    1. All vehicles must come to a complete stop at stop signs.

    2. Reckless driving (defined as the operation of a vehicle in a manner endangering life and property).

    3. Exceeding the speed limit on campus (15 Miles per hour).

    4. Driving wrong way in a one-way lane.

    5. Driving across parking spaces.

    6. Bicycle riding is not allowed on campus sidewalks or grounds. 

F. Fines/Penalties

  1. Citations issued for violations are payable within thirty (30) days at the Cashier’s Office.

  2. Once a citation is issued to a student, notice of such is entered into the computer by Police Services, which results in a “hold” being placed on the student’s records and denial of permission to register.

  3. Students who fail to pay parking fines or appeal the citation will be denied registration in further courses at Southwest Tennessee Community College, and will be denied academic transcripts.

  4. Employees who fail to pay parking fines or appeal the citation will have the amount of the fine deducted from subsequent payroll checks.

  5. Violations:

(i) No vehicle registration permit 15.00

(ii) Parking permit not property displayed 15.00

(iii) Parked in fire lane 50.00

(iv) Handicapped or Disabled space violations 200.00*

(v) Moving Violation 15.00

(vi) Parking vehicle outside legal parking space or over stall lines or blocking a legally parked car in a space 15.00

(vii) Unauthorized overnight parking 15.00

(viii) Parking a vehicle on campus for the purpose of habitation, repair or storage 15.00

(ix) Parking in a reserved space 15.00

(x) Processing fee for replacing a lost or stolen parking permit 15.00

(xi) All other violations 15.00 

* The fine for disabled/handicapped parking violations is established by statue and will be adjusted to comply with state law.  

G.  Appeals

  1. A student wishing to appeal a traffic/parking citation must submit a “Request to Void Ticket” form to the Office of Student Activities within seventy-two (72) hours after receiving the traffic citation. The citation issued by Police Services must be attached to the form.

  2. A Committee for Traffic Appeals composed of three (3) students. One (1) student appointed by the Student Government Association (SGA)  Vice President and two  (2) students from the student body appointed by the Advisor to the SGA Vice President. Appointments are one year.

  3. The Committee will meet weekly to review traffic appeals.

  4. Decisions of the Committee will be made by majority vote and based upon the regulations set forth in the Southwest Tennessee Traffic Code (which is given to all students when they obtain a parking decal)  and  the  relevant  facts.  The  Committee  will  have  the  authority  to  either  affirm  or  invalidate citations.

  5. If the committee affirms the citation, fines must be paid in accordance with established procedures.

  6. Decisions of the Committee will be issued in writing within five (5) days of the hearing/review.  A copy of the decision of the Committee will be sent to the student, Police Services, and the Office of Student Activities who will notify the student.

  7. A  student  may  appeal  the  Committee’s  decision  by  submitting  a  written  request  to  the  Vice President of Student Services and Enrollment.

  8. Management within seventy-two (72) hours after issuance of the Committee’s decision. The Vice President of Student Services and Enrollment.

  9. Management will review the matter on the basis of the existing record, including but not limited to the  Committee’s  written  decision,  and  the  student’s  appeal  submission.  The  Vice  President  of Student Services and Enrollment Management will issue a written determination, within 5 days after the submission of the appeal, either upholding or reversing the Committee’s decision.