Student Conduct

The College of Micronesia-FSM is a community of scholars. Students, as members of this com- munity, are expected to assume responsibility for their personal conduct. It is assumed that each student voluntarily associates with the College and enrolls for serious educational pursuits, thereby not only enjoying the freedom to learn but also sharing responsibility in exercising that freedom. Students are expected to conduct themselves in a way which will bring credit to the individual, the institution, and the community. When students fail to carry out these responsibilities and are charged with misconduct, the following policies and procedures will be followed in order to protect students' rights and the College's interests.

Expectations

Promote a culture of trust and respect, respecting themselves, other students, instructors, staff, and administrators
Respect privacy, freedom of others, and property both intellectual and physical
Be good neighbors with the surrounding community
Speak well of others and interact positively with peers
Be honest and truthful, practicing personal and academic integrity, producing and submitting one's own work, citing sources, being honest in their use of technology
Exhibit responsibility and accept ownership for their actions, attitudes, and behaviors
Maintain and improve their academic effort
Use college equipment, resources, and property in an appropriate and permitted manner
Exhibit stewardship of college by keeping facilities and the campus environment
Remain free from substances such as alcohol and controlled substances
Care for the well-being of others and engage in service-oriented activities of benefit to others
Encourage diversity of opinions and ideas
Reject bigotry, discrimination, violence, or intimidation of any kind.
Observe national, state, local laws, and college regulations.

Disciplinary action may be imposed on students for violation of criminal law or violation of College rules and regulations. Provisions related to disciplinary action shall be published and distributed to students, faculty, and staff. Student conduct may result in disciplinary action by the College or criminal prosecution or both, as they are not necessarily related. It is the policy of the College to impose disciplinary action for misconduct occurring on or off campus which adversely affects the functioning of the College.

Specifically proscribed conduct

Students are subject to disciplinary action, including suspension, for any of the following reasons:

Violation of criminal laws which adversely affects the College
Unauthorized entry into or use of College facilities
Theft of, damage to, or unapproved use of property belonging to the College community or campus visitors
Dishonesty such as cheating, plagiarism, furnishing false information to the College, forgery, alteration or misuse of College documents, records or identifications.
Public inconvenience, annoyance, alarm, recklessness, or creating a risk thereof
Any conduct which threatens or endangers the health or safety of any person including but not limited to, physical abuse, verbal abuse, threats, intimidation, harassment, coercion, or stalking.
Possession of a banned weapon on campus
Fighting or other violent or tumultuous behavior or threat
Being an accessory to an act of violence
Sexual harassment including unwelcome behavior or remarks of a sexual nature, requests for sexual favors and other verbal or physical contact of a sexual nature.
Sexual advances, requests for sexual favors or other behavior of a sexual nature that is unwelcome and sufficiently severe or pervasive that it interferes with a person's academic or professional performance or creates an intimidating, hostile or offensive educational or employment environment. The behavior can be verbal, non-verbal or physical. Examples include sexual innuendo, spreading sexual rumors, sexual put-downs and jokes, remarks of a sexual nature about a person's clothing or body, offensive written notes or emails, sexual propositions, insults or threats, leering, whistling, suggestive or insulting sounds and gestures, and touching someone's body when unwelcome.
Sexual slurs, epithets, threats, derogatory comments and unwelcome jokes
Retaliation against any COM-FSM student for
- raising an allegation of sexual harassment
- filing a complaint alleging sexual harassment, or
- participating in a proceeding to determine if sexual harassment has occurred.
Examples of retaliation include, but are not limited to, unfair grading, unfair evaluation, public or private ridicule, or threats of any kind.
Obstruction or disruption of teaching, research, administration, disciplinary procedures or other College activity
Disruptive, disorderly, or unbecoming behavior; or lewd, indecent or obscene conduct or expression on campus
Possessing, manufacturing, distributing, dispensing, purchasing, or selling alcohol or illicit drugs on the COM-FSM campuses, at COM-FSM approved or sponsored events, on COM-FSM property or in the buildings, vehicles or boats used by COM-FSM for its educational or recreational programs.
Being under the influence of alcohol or illicit drugs; public intoxication
Violation of the Drug and Alcohol Workplace and College Premises Policy
Racial or ethnic discrimination
Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for the continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is not a neutral act; both are violations of this rule.
Failure to identify oneself when requested to do so by College faculty, administrators, staff members or other authorized persons
Failure to comply with any directions of COM-FSM officials or law enforcement officers acting in performance of their duties and/or failure to provide identification to these persons when requested to do so.
Abuse of the Student Conduct Code System
Violation of any COM-FSM policy, rule, regulation, contract or agreement.
Violation of any federal, state or local law.

The above list of offenses is not intended to be exhaustive. Students who display any other conduct which is contrary to the best interests of the College or its students will be subject to disciplinary action.

Some items from University of Hawaii Student Affairs Student Conduct Code

Student disciplinary action may be imposed by:

College security personnel:
- Category I sanctions can be imposed by any member of the College's security force without the need for review by an administrator.
- In a situation where the safety and security of students or staff is imperiled, any member of the College's security services has the authority to exclude a student from campus for no longer than one day.
An instructor: Who may warn or temporarily exclude the student from the instructor's classroom or from any other College sponsored or supervised activity for the duration of the activity, not to exceed one day;
The Director of Student Life, Campus Dean, or Vice President of Student Services and Support: Who have the authority to administer discipline up to but not including suspension. In situations in which suspension is a possibility, the Director of Student Life, Campus Dean, or Vice President of Student Services and Support all possess the authority to exclude a student from the campus until the President acts.
The President: Authority to suspend a student rests solely with the President.

student conduct flow chart

Note that the betel nut policies will vary by campus. The following is intended only as a mock-up. Violations would be associated with categories.

Category	I	II	IIa (invokes with II)	IV	V
Examples	Betelnut/tobacco spitting on sidewalk or campus structures Betelnut/tobacco chewing in building	Intoxicated on campus	Intoxicated in the dormitory	Violence on campus, Verbal assault with threat of violence that would endanger health or safety Damage to property Theft Non-forcible sexual assault.	Violence on campus with exacerbating circumstances such as use of a banned weapon, Forcible sexual assault.
First Offense	Ten dollar fine	Family or authorities contacted, removal from campus.	Dismissal and separation from the dormitory for remainder of the term	Suspension for remainder of term	Dismissal from program and the college without the possibility of return for ten years.
Second Offense	Twenty dollar fine	Suspension for remainder of term	Separation from the dormitory for two terms	Suspension for two terms
Third Offense	Thirty dollar fine	Suspension for two terms	Permanent separation from the dormitory	Dismissal from program and the college without the possibility of return for ten years.

Administrators would retain the option of modifying and altering the above grid. The grid above is not intended to be exhaustive nor complete, only an example.

Reporting

A report of an alleged violation should consist of a clear, concise written statement that contains the following information
A list of any and all parties against whom the complaint is being filed.
A description of the alleged misconduct, the date or period of time during which it occurred, and the location where the incident(s) allegedly occurred.
The name, address and phone number of the person making the report.
All complaints are considered to have been made in good faith. Any information to the contrary may be grounds for College action against the initiating party.

The Vice President for Student Services, Campus Dean, or Student Life Director will review the complaint to determine the appropriate disciplinary action. The student will be provided written notification of the disciplinary action, information on the appeal process, and a deadline for appealing the disciplinary action. The administrator retains the option to meet with the student prior to imposing a sanction, but the administrator is not required to meet with the student.

Appellate procedure

Right to appeal a disciplinary action: All students have a right to appeal a disciplinary sanction.

Timing of Appeal Hearing: Due to the need for prompt decision-making an Appeal Hearing shall be scheduled within five days of the event giving rise to the discipline. The hearing may be continued by agreement of all parties. Failure by a student to attend a Appeal Hearing, without reasonable excuse, will result in a decision by the Appeal Committee without input from the student. Each student is entitled to an individual hearing; however, for the convenience of the parties, there may be an agreement to hold a hearing involving multiple students at the same time, when it arises from the same events upon which the discipline is based.

Composition of the Committee: The Appeal Committee will be comprised of three members of the college community. An employee of the college will be selected by the student, an employee of the college will be selected by the VPSS or Campus Dean, and a third committee member will be chosen by the first two committee members.

Conduct of the Hearing: Formal rules of evidence will not apply. Witnesses will provide testimony under oath. The student may be represented by an attorney, if he or she so chooses. The Committee has the power to compel students and staff to appear before it. The Appeal Committee will hear the cases of both the complainant and the student. And will determine the outcome of the hearing. The Appeal Committee shall make its decision based on the preponderance of evidence put before it. The standard of proof for deciding against the accused student shall be such evidence that, when weighed against that opposed to it, has the more convincing force and the greater probability of truth. The burden of proof shall at all times rest upon the complainant.

Decision of the Appeal Committee: The decision of the Appeal Committee shall be in writing and issued within five days of the conclusion of the hearing. The Appeal Committee shall set out its factual findings, along with its determinations concerning the appropriate discipline to be imposed. A decision must be adopted by a majority of the committee.

Appeal of the Decision of the Appeal Committee: A student may appeal in writing the decision of the Appeal Committee to the President of the College of Micronesia-FSM within thirty days of the decision of the Appeal Committee being personally served upon him or her. Personally served the decision means personal service on the student, personal service on a close relative of the student, or by leaving a copy at the residence of the student. The discipline remains in effect during the entire appeal time period unless the President specifically grants a stay of the execution of the discipline.

The President shall review the findings of the Appeal Committee on the basis that discipline imposed by the Committee was an abuse of discretion, or that the factual findings of the Committee are unsupported by the evidence in the record. The President, based on his/her review, may affirm the decision of the Committee, modify the discipline imposed by the Committee, or send the matter back to the Committee for further review. The President shall make his/her decision within thirty days of the appeal by the student. Failure to appeal by the student within the time frames designated results in a waiver of the right to appeal the discipline imposed.

Appeals to the Board of Regents: A student may appeal the decision of the President of the College of Micronesia-FSM, in writing, to the Board of Regents of the College of Micronesia-FSM by delivery of a written appeal to the Office of the President of the College, within thirty days of the written decision of the President being served upon the student as outlined in the above section.

The Board of Regents shall review the findings of the Appeal Committee and the President, on the basis that discipline imposed by the Committee or the President was an abuse of discretion, or that the factual findings of the Committee or the President are unsupported by the evidence in the record. The Board of Regents, based on this review, may affirm the decision of the President, modify the discipline imposed by the President, or send the matter back to the President for further review. The Board of Regents shall make its decision within ninety days of the appeal by the student. Failure to appeal by the student within the time frames designated results in a waiver of the right to appeal the discipline imposed. The decision of the Board of Regents is final.