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Student Life

Article Two: Conduct Expectations

A. Overview

The student conduct process at WCTC is not intended to punish students. Rather, it exists to protect the interests of the community, and to challenge those whose behavior is not in accordance with our policies. Sanctions are intended to challenge students’ moral and ethical decision-making and to help them bring their behavior into accord with our community expectations. When a student is unable to conform his/her behavior to community expectations, the student conduct process may determine that he/she should no longer share in the privilege of participating in this community.
Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. Procedures and rights in student conduct proceedings are conducted with fairness to all, but do not include the same protections of due process afforded by the courts. Due process, within these procedures, assures notice and a meeting or hearing before an objective decision-maker. No student will be found in violation of WCTC policy without information showing that it is more likely than not that a policy violation occurred, and any sanction will be proportionate to the severity of the violation.

B. Jurisdiction of WCTC’s Student Code of Conduct

The Student Code of Conduct at WCTC will apply to conduct that occurs on WCTC premises, at WCTC sponsored activities, and in off-campus buildings occupied by students by virtue of their association with a group/organization given formal registration by WCTC. The, Student Code of Conduct may also apply off campus, when the administration determines that the off-campus conduct affects a substantial WCTC interest. A substantial WCTC interest is defined to include:

Any action that constitutes a criminal offense as defined by local, state or federal law.
Any situation where it appears that the student may present a danger or threat to the health or safety of him/herself or others.
Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder.
Any situation that is detrimental to the educational interests of the College community. Each student will be responsible for his or her conduct from the time he or she is seeking enrollment through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year, including during intra-semester breaks and between semesters, and during periods between terms of actual enrollment (and even if student conduct is not discovered until after a degree is awarded). Further, the Student Code of Conduct applies to guests of community members, whose hosts may be held accountable for the misconduct of their guests. Visitors to and guests of WCTC are also protected by the Student Code of Conduct, and may initiate grievances for violations of the Student Code of Conduct committed by members of WCTC community against them.
The Student Code of Conduct will apply to a student’s conduct even if the student withdraws from school while a Code of disciplinary Conduct matter is pending. The Director of Student Development will decide whether the Student Code of Conduct will be applied to conduct occurring off campus, on a case-by-case basis.
Student organizations may be charged with violations of the Code for behavior occurring on or off campus. A student organization and its officers may be held collectively or individually responsible when violations of the Code by those associated with the group or organization have received the tacit or overt consent or encouragement of the leaders, officers, or spokespersons on or off campus. While student organizations not registered by WCTC are exempt from this Code, student members of such organizations may be held accountable for their behavior under this Code. In complaints involving collective responsibility of individuals for group violations, WCTC will make individual findings with respect to the involvement of each accused student.
Violations of the traffic regulations on WCTC campus are handled by the Village of Pewaukee Police Department and are generally not considered to be disciplinary conduct matters.
Violations committed by faculty, staff, or non students are not actionable via this Code.
In most circumstances, WCTC will treat attempts to commit any of the violations listed in the Student Code of Conduct as if those attempts had been completed.
As necessary, WCTC reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct.
WCTC will not tolerate intentional false reporting of incidents. It is a violation of the Student Code of Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.
WCTC community encourages the reporting of conduct code violations and crimes by victims. Sometimes, victims are hesitant to report to WCTC officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that as many victims as possible choose to report to WCTC officials. To encourage reporting, WCTC may, in its discretion, offer victims of crimes amnesty from Code, policy, or rule violations related to the incident.
The welfare of students in our community is of paramount importance. At times, students on and off-campus may need assistance. WCTC encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble WCTC pursues a policy of limited immunity for students who offer help to others in need. While policy violations cannot be overlooked, WCTC will provide educational options, rather than punishment, to those who offer their assistance to others in need.
WCTC reserves the right to notify parents/guardians of dependent students regarding any conduct situation, particularly alcohol and other drug violations. WCTC may also notify parents/guardians of nondependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is not-dependent, WCTC will contact parents/guardians to inform them of situations in which there is a health and/or safety risk. WCTC also reserves the right to designate which WCTC officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act (FERPA).
In accord with FERPA and the Clery Act, complainants in sexual misconduct incidents have an absolute right to be informed of the outcome and sanctions of the hearing, in writing, without condition or limitation. WCTC may release the nature of the violation and the sanction for any student who is found in violation of a WCTC policy that is a "crime of violence," including: arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction/damage/vandalism of property and kidnapping/abduction. WCTC may release this information to the complainant in any of these offenses regardless of the outcome, but complainants are cautioned that FERPA does not permit them to re-release this information to others.
It has become common for students accused of policy violations to try to defend their actions with excuses, such as prescription drug interactions, self-defense, disabilities, etc. WCTC’s policy on defenses is clear. Defending your actions is admitting to a policy violation. “Yes, we fought, but he started it. This still means you had a fight, and that violates WCTC’s rules. You may have taken someone’s property under the influence of an anti-depressant, but you still took someone else’s property. While your defense will not excuse your actions, WCTC will take the legitimacy of your defense into consideration in addressing the proper sanction. If you were not the aggressor in a fight, you may still be sanctioned, but your sanction may be lesser than the sanction of the person who started the fight.
Students are cautioned that behavior conducted online can subject them to WCTC conduct action, such as harassment delivered by email. Students must also be aware that blogs, webpages, social networking sites, such as MySpace and Facebook, entries and similar online postings are in the public sphere, and are not private. These postings can subject a student to allegations of conduct violations if evidence of policy violations is posted online. WCTC does not regularly seek out this information, but will take action if and when such information is brought to the attention of WCTC officials.

C. Conduct - Rules and Regulations

Student members of the community are expected to uphold and abide by certain standards of conduct embodied within a set of core values that include integrity, respect, community and responsibility. When members of the community fail to exemplify these values, campus conduct proceedings are used to assert and uphold the Student Code of Conduct. The following are examples of misconduct; they are not intended to define misconduct in exhaustive or exclusive terms. Where appropriate, bulleted items provide examples of the type of conduct that is prohibited in this Code. Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary conduct sanctions outlined in Article Four.

Integrity

WCTC students exemplify honesty, integrity and a respect for truth in all of their dealings. Behavior that demonstrates a lapse of integrity includes, but is not limited to:

Acts of dishonesty or deception

Furnishing false information to any WCTC official, faculty member or office
Forgery, alteration, or misuse of any WCTC document, record, or instrument of identification
Offering or accepting bribes in return for grades, services, etc
Tampering with the election of any WCTC registered student organization
Dishonestly causing, condoning, or encouraging the completion of any WCTC record, document or form
Initiating a false report or warning of fire, explosion, bomb threat, or other emergency

Knowingly presenting a worthless check or forging a money order in payment to WCTC or to a member of WCTC community acting in an official capacity, or failure to make satisfactory arrangement for the settling of accounts with WCTC.
Violations of positions of trust or authority within the community;
Misuse or unauthorized use of WCTC or organizational names and images;
Any public conduct which casts the good name of WCTC in disrepute.
Taking of and/or damage to the property or services of others

Knowingly possessing stolen property
Damaging items rented, leased, or placed on the campus at the request of WCTC
Selling or attempting to sell textbooks unless the seller is the owner of the textbook or has the permission of the owner to do so
Stealing, attempting to steal, or keeping items belonging to the library or items placed in the library for display

Abuse, interference or failing to comply in WCTC processes including the Student and Academic Ethics Code of Conduct hearings;
Abuse of the campus conduct system, including:

Failure to attend meetings scheduled for conduct code administration purposes;
Falsification, distortion, or misrepresentation of information;
Failure to provide, destroying or hiding information during an investigation of an alleged policy violation;
Attempting to discourage an individual’s proper participation in, or use of, the campus conduct system;
Harassment (verbal or physical) and/or intimidation of a member of a campus conduct body prior to, during, and/or after a campus conduct proceeding;
Failure to comply with the sanction(s) imposed by the campus conduct system;
Influencing or attempting to influence another person to commit an abuse of the campus conduct system.

Community

WCTC students honor and value their community. Behavior that violates this value includes, but is not limited to:

Damage to or littering WCTC grounds and/or properties owned or leased by registered student organizations

Driving motor vehicles on lawn or grounds without permission
Failure to maintain an organization’s facilities and/or surrounding property
Vandalism, the causing of intentional damage to the property of another or WCTC

Unauthorized entry or use of WCTC property

Unauthorized or attempted entry into any building, office, construction site, or other WCTC facility
Unauthorized possession, use, or duplication of keys or other methods of controlled access such as ID or access cards or codes

Disruption or obstruction of teaching, research, administration, other WCTC activities, including its public service functions on or off campus, or of other authorized non-WCTC activities when the conduct occurs on WCTC premises.

Unruly and/or inappropriate classroom behavior
Having children or other non-student minors in the classroom or learning environments
Obstruction of the free flow of pedestrian or vehicular traffic on WCTC premises or at WCTC sponsored or supervised functions.
Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of WCTC and/or infringes on the rights of other members of WCTC community;
Leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.

Violations of WCTC Internet/Email Acceptable Use policy, misuse of WCTC computing facilities, equipment, network, passwords, accounts or information. Students who connect their personal computers to the campus network will also be held responsible for any violation of this policy that originates from that computer. Examples of misuse include:

Use of computing facilities to send harassing, offensive or abusive messages in any form;
Use of computing facilities to interfere with the work of other community members;
Unauthorized access to a file or personal or group account;
Use of computing facilities to interfere with normal operation of WCTC computer system;
Anonymous or forged network news articles or E-mail messages;
Disk usage over the allotted limit without prior approval;
Unauthorized transfer of a file(s);
Unauthorized use of another individual’s identification and password;
Propagation of computer worms or viruses;
Downloading, accessing, creating, displaying, transmitting and storing:

Obscene, profane, abusive, defamatory, derogatory, threatening, or sexually explicit language or graphic representation
Statements or graphic representations that may be construed as discriminatory or offensive by reference to race, national origin, gender, religion, age, disability, sexual orientation, or other legally protected criteria;

Downloading entertainment software or games;
Playing games against opponents over the college network or Internet;
Downloading, storing or forwarding music, audio, video, photos or graphics not directly related to required coursework;
Using instant message, chat or E-mail during classroom testing;
Downloading or installing any software unless directed to do so by your instructor;
Copying or uploading any software licensed to the College or data owned by the College without the express authorization of the administrator responsible for the software and data;
Commercial solicitation and the distribution of information not directly related to a students educational purpose;
Making unauthorized entry to computational information, communications devices, or resources;
Vandalism and mischief that incapacitates, compromises or destroys WCTC resources and/or violates federal and/or state laws;
Violating software copyrights and usage licensing agreements; or violating any federal, state, or local law/regulation, or College policy/procedure.

Weapons, or look-alike weapons, are not allowed on WCTC property. A weapon is any type of firearm (whether or not a permit is obtained); switchblade; knives (excluding eating utensils); a jackknife with a blade longer than two inches; metal knuckles; explosives; compressed gas operated weapons; electric weapons as defined by federal, state and local law; hunting archery equipment; thrust or movement; martial arts weapons, and any other device, which based on the manner it is used or is intended to be used, is calculated or likely to produce bodily harm. Exceptions include knives possessed, transported or used by staff and students in the normal course of an educational program, provided that such possession, transport or use is not intended or likely to produce bodily harm. Pepper Spray, as allowed by state law, is not to be considered a prohibited weapon provided the spray is only used for personal defense. Possession, transport of, use of weapons by individuals who are required to carry a weapon as part of their employment or education program, such as police science students and instructors and police officers, provided that such possession, transport or use is in accordance with all applicable laws and regulations and is in accordance with employment or educational requirements.

Respect

WCTC students show respect for each other, for property and for the community. Behavior that violates this value includes, but is not limited to:

Threatening or causing physical harm, severe verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
Intimidation (implied threats), bulling or coercion (pressuring another unreasonably until an act is not truly voluntary)
Discriminatory harassment, including speech, actions or conduct which have the intent or effect of depriving a member of the community of educational or employment access, benefits or opportunities. Merely offensive or annoying behavior may feel like harassment, but to rise to the level of a code violation, harassment must have the potential to cause a deprivation of the civil rights of a member of a protected class.

Protected classes at WCTC include age, race, color, creed, religion, handicap, disability, marital status, sex, sexual orientation, national origin, ancestry, citizenship, arrest record, conviction record, and membership in the military forces, National Guard, or any other reserve component of the military forces of the United States or Wisconsin.

Hazing - behavior that endangers the mental or physical health of a student as a condition for initial or continued affiliation with any group regardless of either the lack of intent to endanger the student or the student’s own willingness to participate. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.
Violence between those in an intimate relationship to each other;
Stalking, defined as repetitive, menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community.
Sexual misconduct, including (these violations are all described fully on pages 176 and 177):

Sexual harassment
Non-consensual sexual contact
Non-consensual sexual intercourse
Sexual exploitation

Lewd or obscene conduct

Public urination
Sexual acts performed in public
Surreptitiously taking pictures of another person in a gym, locker room, or restroom
Streaking
Possession or distribution of child or other pornography
Possession or distribution of any obscene materials, as defined by the standards of WCTC community.

Violation of any WCTC policy, rule, or regulation published in hard copy or available electronically on WCTC website.

Responsibility

WCTC students are given and accept a high level of responsibility. Behavior that violates this responsibility includes, but is not limited to:

Intentionally or recklessly causing a fire which damages WCTC or personal property, or which causes injury to any member of the community;
Failure to follow safety procedures

Failure to exit a building when the fire alarm sounds
Misusing, damaging or tampering with fire safety equipment
Intentionally or recklessly obstructing a fire exit in any WCTC building

Failure to comply with the directions of WCTC officials, including campus police officers acting in the performance of their duties and/or failure to identify oneself to these persons when requested to do so.
Failure to comply with tobacco policy.
1. Action or inaction by a student in collusion which fails to discourage a known and obvious violation of WCTC policy or law; assisting in violation of WCTC policies or public laws.
2. The knowing failure of any organized group to exercise preventive measures relative to violations of this Student Code of Conduct by members;
3. Use, possession, or distribution of alcoholic beverages. This includes possession/consumption by those under the age of 21, providing alcohol to those under the age of 21, possession of a common source container (empty or full) unless they are part of an approved event, driving under the influence, and public intoxication by persons of any age (Please see the full policy on alcohol);
4. Use, possession, or distribution of narcotic, or other controlled substances, as well as drug paraphernalia, except as expressly permitted by law; (Please see the full policy on page 120.);
5. Abuse or misuse of prescriptions or over-the-counter medications;
6. Conducting, organizing, or participating in any activity involving games of chance or gambling except as permitted by law.
7. Violation of federal, state, or local laws.

D. Violations of Law and WCTC Code of Conduct

WCTC conduct proceedings may be instituted against a student accused of conduct that potentially violates both the criminal or civil law and/or the Student Code of Conduct (that is, if both possible violations results from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Director of Student Development. Determinations made or sanctions imposed under the Student Code of Conduct will not be subject to change because related criminal charges are dismissed or resolved.
Attorneys may be allowed to participate in conduct proceedings in the role of an advisor when concurrent criminal charges are pending as a result of the same factual situation. Such attorneys must meet with the Director of Student Development prior to the hearing for a briefing on WCTC Conduct process.