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Student Code of Conduct

黨ǿmv seeks to foster a secure learning environment. The Student Code ofConduct sets forth expectations for individuals who choose to become part of the collegecommunity. Students attending LMC are responsible for adhering to its Student Code ofConduct, Rules, Regulations, college policies, and all local, state and federal laws.

  • Accused Student – Any student accused of violating this Code of Conduct orthe general college rules.
  • Appeal – A request to review a previous college decision. All students are required tostate their appeal in writing at the time they begin the appeal process.
  • Behavioral Intervention Team (BIT) – The BIT’s responsibility is to identify andCoordinate services or intervention strategies for a broad range of student behaviors, including butnot limited to mental illness, substance abuse, and disruptive conduct. The use ofbehavioral intervention teams is a method for identifying and responding to studentconduct issues in an educational setting. The BIT has been charged with upholding collegepolicies and maintaining a healthy environment for the college.
  • Campus Designee – A college appointee who is responsible for initiating the judicialprocess at the local level.
  • College – 黨ǿmv
  • College Officials – Administrative and executive officers and their designees.
  • Complainant – Any person who submits a charge alleging that a student violated thisCode of Conduct or the general college rules.
  • Criminal Activity – Any alleged violation of local, State, or Federal laws.
  • Off-campus – Off-campus classes, including online, utilize LMC resources includingfaculty, internet, or intranet services, whether or not directly operated by LMC.
  • On-campus – All property owned, operated, maintained, controlled, or leased by LMC.
  • Ombudsperson – This persons' primary duty is to assist students in resolving complaints or disputes within the college. The ombudsperson also helps staff members, instructors, and administrators sort through college rules andregulations that might apply to specific issues and concerns. The ombudsperson carries out these duties in a neutral,confidential, informal and independent manner.
  • Property Belonging to LMC – All land, buildings, facilities, or other grounds orstructures, including adjacent streets and sidewalks, or any item in possession of orowned, used, loaned, leased, maintained, or controlled by LMC or funded by LMCbudgets, including computers and network systems, library materials, classrooms, andlaboratories used for LMC purposes.
  • Student – an individual, who is currently enrolled, has been enrolled, or who hasapplied to be enrolled at 黨ǿmv.
  • Student Appeals Committee – A group of persons authorized by the Vice President of Student Affairs (or their designee) to consider whether a student has violated theCode of Conduct.

This Code applies to:

  • The on-campus conduct of all students and registered student organizations.

  • The off-campus conduct of students and registered student organizations in directconnection with the use of college resources, including the campus network; academiccourse requirements, such as internships, field trips, international study, or experientiallearning activities; any activity supporting the pursuit of a certificate or degree, such asresearch at another institution; and any activity sponsored, conducted, or authorizedby LMC or by registered student organizations.

  • Off-campus conduct that negatively impacts LMC such as threats of violence or physicalharm, unlawful harassment, or other conduct which may have a negative impact ormay place its community (inclusive of students, employees or faculty) at risk.

This Code also applies to:

  • Any activity that causes substantial risk of destruction of property belonging to LMC orcauses serious risk of harm or endangers the health or safety of members of the LMCcommunity, including students, staff, and members of the public when participating inLMC events or activities.

  • Any activity in which a police report has been filed, a summons or indictment has beenissued, or an arrest has occurred for criminal activity.

Students of LMC are guaranteed all rights, privileges, and freedoms granted to a citizen of the United States. In addition, they are entitled to an environment that is conducive to learning and individual growth. To this end, students enrolling at LMC assume responsibility for the college’s student conduct regulations, just as they assume a citizen’s responsibility to abide by Federal, State, and local laws. Violation of statutory laws or the college student conduct regulations or specific departmental rules may lead to disciplinary action(s) by LMC.

Students are expected to conduct themselves as responsible individuals in accordancewith institutional policies, rules, and regulations. In developing responsible studentconduct, the institution prefers advisory, guidance, admonition, and example. However,when these means fail to resolve problems of student conduct and responsibility,appropriate disciplinary procedures will be followed.

Misconduct for which students are subject to disciplinary action falls into the general areasof academic dishonesty, threatening physical and verbal behavior, and violations of civilor criminal statutes and/or institutional policies, rules and regulations. A student found tohave committed or attempted to commit the following misconduct is subject to disciplinarysanctions:

  • Abusive Behavior: Any conduct, including but not limited to, physical harm or abuse,bullying, verbal abuse, use of profanity, threats, intimidation, harassment, or coercion, orany behavior that threatens or endangers the health, safety, or well-being of any person isprohibited at any location providing college services.
  • Academic Dishonesty: Cheating and plagiarism are the two most obvious forms ofacademic dishonesty. No student shall engage in behavior that, in the judgment of theinstructor of the class, constitutes cheating, fabricating, lying, plagiarism, or theft ofacademic property. In brief, plagiarism is borrowing ideas, words, organization, etc., fromanother source or person and claiming them as original. Any dishonest activity may resultin failure of specific assignments or an entire course.
  • Acts of Dishonesty: No student shall furnish false and/or misleading information toany official, college employee or office nor engage in forgery, alteration or misuse of anycollege document, record or instrument of identification.
  • Alcohol Violation: the unlawful manufacturing, distribution, possession and/or saleof alcoholic beverages (except as expressly permitted by college regulations) or publicintoxication on any LMC property or off-campus sites such as hospitals or clinics.
  • Drugs Violation: the unlawful manufacturing, distribution, possession and/or sale ofmarijuana, narcotics, or other controlled substance except as expressly permitted by law.This includes the possession of paraphernalia. The Michigan Medical Marijuana Act of2008 (MMMA) notwithstanding, LMC is subject to the Federal Drug-Free Workplace Actof 1988 and the Federal Drug-Free Schools and Communities Act Amendment of 1989,both of which prohibit controlled substances on campus, including marijuana. The use orpossession of medical marijuana is not permitted anywhere on LMC's campuses.
  • Assembly: No student or students shall assemble in a manner that obstructs the freemovement of persons about the campus or that interferes with the normal operation ofcollege programs and services.
  • Athletic Misconduct: The Athletic Department imposes a higher standard of conducton its student-athletes. Please refer to the Athletic Department for more informationregarding the Athletic Code of Conduct.
  • Classroom Misconduct: Classroom misconduct is any substantial behavior which disruptsor interferes with the learning experience, or disrupts the academic atmosphere of theinstitution including college-sponsored events and activities. Students are required andexpected to conduct themselves as mature, considerate adults. Students should conductand express themselves in a way that is respectful to all persons. This includes respectingthe rights of others to comment and participate fully in class.
  • Compliance with Applicable Law: No student shall violate any college policy, rule orregulation or other local, State or Federal law, ordinance or regulation on college-owned oroperated property or in connection with any college-sponsored program, course of studyor activity. Complicity in violating the Code of Conduct includes attempting, aiding,abetting, conspiring, hiring or being an accessory to any act prohibited by this Code. If astudent has knowledge of another student, individual, or group committing or attemptingto commit a violation of the Code, he or she is required to remove him- or herself fromthe situation and report it to the college.
  • Contracts: No student shall enter into any contract in the name of the institutionexcept with prior written authorization from appropriate college officials.
  • Failure to Comply: A student shall comply with the direction of institutional officials,faculty, staff, or security officers in performance of their duties and identify oneselfto these people when requested to do so. All students will carry a current LMC-issuedphoto identification.
  • Gambling: A student shall not engage in any form of gambling on college-owned oroperated property that is not a college-sponsored activity.
  • Harassment: No student shall engage in harassment of another person. This shallinclude but not be limited to stalking, sexual or racial harassment and verbaland/or physical actions.
  • Indecent or Obscene Behavior: A student shall not engage in any vulgar, unbecomingor obscene behavior.
  • Obstruction/Abuse of Grievance Procedure: Includes but is not limited to:
    • Failure to comply with a summons of the Student Appeals Committee.
    • Falsification, distortion, or misrepresentation of the information to the Student Appeals Committee.
    • Disruption or interference with the orderly process of a discipline hearing.
    • Attempting to discourage an individual’s proper participation in or use of the Student Discipline Grievance Procedure.
    • Attempting to influence the impartiality of a member of the Student AppealsCommittee prior to and/or after a Student Discipline Grievance Procedure.
    • Verbal or physical harassment and/or intimidation of a member of Student AppealsCommittee prior to, during, and/or after a Student Discipline Grievance Procedure.
    • Failure to comply with decisions, recommendations or sanctions imposed by theStudent Appeals Committee.
    • Influencing or attempting to influence another person to commit an abuse of theStudent Discipline Grievance Procedure.
  • Other Prohibited Misconduct: The college reserves the right to evaluate anddocument special cases and to refuse admission and/or continued enrollment if thecollege determines that the applicant/student is a threat or a potential danger to thecollege community or if such refusal is considered in the best interest of the college.The Vice President of Student Affairsmay specify other behaviors that shall constitutestudent misconduct, subject to the approval of the President.
  • Safety: A student shall not engage in behavior that violates any safety rules ofany classroom, laboratory, or other institutional facility. This shall include, withoutlimitation, the wearing of any required personal safety equipment and followingprescribed methods and procedures for handling and disposing of materials, whichmay be hazardous, unstable, contagious, etc.
  • Signs: A student shall not erect or display signs or posters on college-owned oroperated property unless authorized by the institution. A student shall not deface, alter,tamper with, destroy or remove any sign or inscription on college-owned or operatedproperty.
  • Soliciting: A student or organization may not use institutional facilities, solicit funds orgoods on or off-campus, or schedule activities unless such action has been approved byappropriate institutional officials. Students may post information on identified, publicboards on each campus.
  • Smoking and Use of Tobacco: Smoking and use of tobacco products are strictlyprohibited except personal vehicles and designated exterior smoking areas only.
  • Theft or Abuse of Electronics and/or Technology:
    No student shall engage in the theft or abuse of electronics and/ or technology,including but not limited to:
    • Unauthorized entry into a file to use, read, or change the contents for any other purpose
    • Unauthorized transfer of a file
    • Unauthorized use of another user’s identification and password
    • Use of computing facilities to interfere with the work of another student, faculty, orstaff member or college official
    • Use of computing facilities to interfere with the normal operation of the instructional computing system
  • Theft and Vandalism: A student shall not engage in attempted theft of and/or damageto property of the institution or a member of the college community or other personalor public property.
  • Use of Institutional Facilities: Unlawful or unauthorized use of the institutionalfacilities is prohibited.
  • Weapons: A student shall not possess, use, or threaten to use weapons or explosiveson any college-owned or operated property or at a college-sponsored activity except asspecifically authorized in writing by appropriate college officials.(Also see the Weapons Free Campus Policy.)

When reports of alleged violation of the Code of Conduct surface, they areaddressed by the Vice President of Student Affairs or designee. The steps followed toresolve formal disciplinary matters are called the judicial process. The judicial processexists to ensure that basic due process is granted to all LMC students who find themselvesin conflict with the college standards. Students, faculty, and staff may report possibleinfractions.

Due Process is the guarantee of student civil rights under the Constitution of the UnitedStates and the laws and regulations of the state of Michigan and 黨ǿmv.Due Process is that process which prevents rights from being taken away from anindividual without notice and an opportunity to respond to allegations. Due processrequires that the Vice President of Student Affairs or designee shall meet with the studentas soon as possible after the alleged violation of the Code of Conduct and at suchmeeting the Vice President of Student Affairs or designee shall provide the student with (1) notice ofthe alleged violations of the Code of Conduct, (2) the facts upon which the alleged violation is made, and (3) an opportunity to discuss the alleged violations and to be heard. Within five (5)school days of the meeting, the Vice President of Student Affairs or designee will provide the student with notice of the decision and information regarding the appeal process, if applicable.

Anyone wishing to report student misconduct shall document all relevant information on theMaxient Conduct Manager System using the Student Conduct/Concerning Behavior form.When an incident report is filed, it is reviewed by the Vice President of Student Affairs or designee.

Following review of the incident report (which may include without limitation, any andall research deemed appropriate regarding the underlying incident), a determination will bemade by the Vice President of Student Affairs or designee (in possible consultation withother campus and/ or college leadership) whether charges of misconduct should be filed inresponse to the incident.

When a Maxient report of possible infraction of the Code of Conduct is received by the office of the Vice President of Student Affairs or designee, the following processis implemented:

  1. The report of alleged misconduct is reviewed by any of the following: the Vice President of Student Affairs or designee. This review will determine suitable address of the matter,including whether judicial action should be initiated and may include contacting thestudent reportedly involved in the incident and/or other witness(es) to seek additional,clarifying information. Review of a reported incident does not, in itself, constitute judicialaction.
  2. If it is determined that judicial action should be initiated to resolve a more serious infraction, an attempt to make personal contact with the alleged student will be conducted. If unableto contact the alleged student a written notice of judicial charges and sanctions is sent tothe student’s local address listed in college records and a meeting with the accusedstudent(s) is conducted by the Vice President of Student Affairs or designee.
  3. Failure or refusal to pick up or accept a letter does not remove the student’s obligationto adhere to any instructions, sanctions, or deadlines issued in the letter.
  4. A student may not avoid adjudication of an alleged policy infraction by withdrawingfrom the college. Should a student withdraw or depart from the college beforeinvestigation and/or adjudication of an alleged infraction is completed, the judicialprocess may proceed, and appropriate sanctions for confirmed charges may beissued. Pending resolution of a disciplinary matter, a hold will be placed on the absentstudent’s transcript.

The Vice President of Student Affairs or designee handles matters that require disciplinary action at 黨ǿmv. All students at the college are guaranteed due process(See Due Process section of this document) in disciplinary matters.

When a student hasbeen charged with misconduct or an infraction of the college rules, theVice President Student Affairs or designee will confer with the student charged. Pending action by the Vice President of Student Affairs or designee on the charges, the status of the student will not be altered, nor will his/her right to be present on the campus and to attend classesbe suspended, except for reasons related to the safety and/or well-being of other LMCstudents, employees, or property. The Vice President of Student Affairs or designee shall be the person to make the decision to suspend with regard to safety or property. Disciplinary action taken by the Vice President of Student Affairs or designee toward a student found responsible for misconduct or a violation of college rules may include, but are not limitedto, an oral warning up to expulsion from the college. See sanctions.

Any combination of the following sanctions or other sanctions may be imposed throughthe judicial process. Multiple and/or repeated violations typically result in increasedsanctions.

The sanctions listed are not inclusive, but merely serve as guidelines:

  1. College Property Restrictions – restriction from certain college facilities or property,either physical or virtual, for a definite period of time.
  2. Disqualification – from receipt of institutional financial aid while the sanction isimposed or possibly thereafter.
  3. Educational Sanctions – a student is required to write a paper, plan and present aprogram, attend a class or seminar, or complete other educational requirements.
  4. Expulsion – the most severe sanction of violation of college policy is expulsion, whichresults in immediate dismissal and permanent separation from the college. Any studentwho is expelled due to misconduct will not be entitled to any refund of tuition or otherfees and may incur additional charges and fees after financial aid is adjusted.
  5. Fine – a monetary penalty for property damage, theft, or other violations that result ininconvenience cost to others.
  6. Formal Warning – a written reprimand that expresses disapproval of the student’sactions and warns against any potential violations of college policy in the future.
  7. Interim Suspension – temporarily restrict student(s) from campus/college activitiespending a hearing.
  8. Loss of Privileges – denial of specific privileges for a designated period of time.
  9. Parental Notification – as permitted by law, the college reserves the right to discloseto parents or legal guardians information about a student’s violation of collegeregulations and policies and Federal, State and/or local laws governing the use ofalcohol or a controlled substance. The college may notify parents/legal guardians ofalcohol or a controlled substance violation if the student is under the age of 21. TheVice President of Student Affairs or designee determines the circumstances underwhich parental notification takes place.
  10. Probation – a period of observation and review. The length of this period ofprobation will be determined by the Vice President of Student Affairs or designee. Iffound responsible for violating any college policies or failure to comply with otherrequirements stipulated during this period, the student may be immediately suspendedfrom the college and/or events pending further disciplinary review.
  11. Restitution – compensation for loss, damage, or injury. This may take the form ofappropriate service and/or monetary replacement.
  12. Suspension – immediate dismissal from classes and activities at the college for atleast the remainder of the term/semester in progress and/or a specified period oftime thereafter. Any additional violations or failure to comply with other requirementsstipulated during this time period of suspension may result in expulsion. Duringsuspension, the student is not permitted to visit the college premises or attend anycollege functions without prior written permission from the Vice President of Student Affairs or designee. Any student who is suspended due to misconduct will not be entitled to any refund of tuition or other fees and may incur additional charges andfees after financial aid is adjusted.

Expulsion or Suspension

  1. All recommendations for expulsion or suspension shall be directed to the Vice President of Student Affairs or designee,who may also initiate such action on his/her own authority. Where such recommendation is received, where the Vice President of Student Affairs designee on his/her own authority determines such recommendation appropriate, the Vice President of Student Affairs or designee shall meet with the student within five (5) school days and shall provide the studentwith (1) notice of the recommendation, (2) the facts or allegations upon which therecommendation is made, (3) an opportunity to discuss the allegations and to providesuch information as the student deems appropriate or relevant, and (4) the right toappeal.
  2. Upon receiving a recommendation for expulsion or suspension, or upon determiningon his/her own authority that such discipline is appropriate, the Vice President of Student Affairs ordesignee may temporarily prohibit the student from attending any classesor participating in any other college activities until the meeting with the student is held.
  3. At the conclusion of the meeting, the Vice President of Student Affairs or designeemay either (a) impose such lesser discipline as he/she deems appropriate under thecircumstances, or (b) recommend to the president that such student be expelled orsuspended. The Vice President of Student Affairs or designee shall notify the student ofhis/ her recommendation and shall also notify the student of his/her appeal rights.
  4. See Student Appeal Process.

Exclusion from a Class or Course, Probation, or Reprimand

All recommendations for exclusion or removal from a course or class for reprimandor censure, or for probation must be initiated by a faculty member or adjunct. Or itmay be initiated by the Vice President of Student Affairs or designee upon his/ her ownauthority. Where such a recommendation is received, or where the Vice President of Student Affairs ordesignee, deems such discipline appropriate, he/she shall meet with the studentwithin five (5) school days and both will follow the Academic Complaint Procedure.

Step 1: Violation – Code of Conduct

Alleged event or alleged code of conduct violation occurs and the Vice President of Student Affairs or designee is notified.

Investigation and adjudication of alleged violation occurs. The Vice President of Student Affairs or designee send student(s) a letter describing the allegation(s), or violation(s) and sanction(s) if applicable. Student is informed of rightsregarding appeal.

Step 2: Student Response

  1. Student agrees with the findings and the case is closed.
  2. If student disagrees with findings and/or sanction(s), the student can appeal the Vice President of Student Affairs or designee’s decision through the Student Appeal Process with the Student Appeal Committee. The student must submit their appeal request in writing to the College ombudsperson within five (5) business days after receiving the finaldecision from the Vice President of Student Affairs or designee.

Step 3: Student Appeal Committee

If student disagrees with findings and/or sanction(s) Within seven (7) business days ofreceiving the written appeal request the Student Appeal Committee will set a hearing date.The Student Appeal Committee will hear the case and make a final determination as towhether the student violated the Code of Conduct. Within seven (7) business days after thehearing the Student Appeal Committee will render a decision and the decision is final.

The college reserves the right for the Vice President of Student Affairs or designee tosuspend the normal judicial process under the following circumstances: cases where astudent may present a threat of harm to self, or others, to property, or are disruptive tothe campus living and learning community.

General Provisions

  1. All documents, communications, and all records dealing with an appeal shall be filedby the Vice President of Student Affairs or designee. All records of actions underthis procedure shall be held in strict confidence and will be available to the studentinitiating the appeal or his/her representative.
  2. Hearings and conferences held under this procedure shall be conducted at a time andplace that will afford a fair and reasonable opportunity for all appropriate personsto be present. When such hearings and conferences are held during college hours,employees who are required to attend shall be excused to do so with no reduction inpay. Students who are required to attend will be excused from classes with no penalty.
  1. Jurisdiction
    The Student Appeals Committee shall hear and determine appeals in the followingsituations: Student-, faculty-, or staff-generated complaints concerning student conductexcluding grades. The decision of the Student Appeals Committee is final.
  2. Composition
    The Student Appeals Committee shall consist of two (2) students,two (2) faculty from outside the division*, two (2) administrators outside the divisionand one (1) classified staff. The Director of Intercollegiate Athletics will chair and facilitatethe Student Appeals Committee and is a non-voting member. The student body,Division and Departments will annually create a pool of participants from which to drawcommittee members. *Division refers to that of the faculty referenced in the complaint.
  3. Ombudsperson
    Any full-time staff and/or faculty member can serve as the 黨ǿmvombudsperson and is appointed by the Dean of Student Affairs. Theombudsperson’s primary duty is to assist students in resolving complaints or disputeswithin the college. The ombudsperson also helps staff members, instructors, andadministrators sort through college rules and regulations that might apply to specificissues and concerns. The ombudsperson carries out these duties in a neutral,confidential, informal and independent manner.

    The current Benton Harbor Campusombudsperson is Nicole Hatter, (269) 927-8185.

    The Niles-Bertrand Crossing Campus ombudsperson is the Director of Student Services,(269) 695-2988.

    The South Haven campus ombudsperson is the Director of the Campus and can bereached at (269) 637-7500.

    Following a request for assistance, the ombudsperson will take one or more of thefollowing actions: (1) listen carefully to the concern, (2) explain relevant student rightsand responsibilities, (3) review relevant college policies or regulations, (4) suggest fair andequitable options, 5) refer the individual to an appropriate college or community resource,or (6) investigate, when necessary. The ombudsperson is available to all parties involved inStudent Appeals Committee hearings, the final step in an effort to resolve a dispute.

    NOTE: The ombudsperson is not an advocate for any group on campus; instead theombudsperson is an advocate for fairness. The ombudsperson also does not provide legalservice, represent students or instructors at academic grievance or disciplinary hearingsor mediate disputes between or among faculty or between faculty and administrators.The office of the ombudsperson does not accept formal complaints or notice for thecollege. Members of the LMC community may contact the ombudsperson in person orby e-mail. At any point in the process, the student, faculty, adjunct or staff may enlist theassistance of the LMC ombudsperson for procedural assistance. Any informal records thatare generated will be kept on file by the ombudsperson. The above procedure excludesissues related to sexual harassment, civil rights, Title IX, and disability concerns.

    Complaintprocedures for these areas can be found in the college Policies section of the collegecatalog or directed to the Executive Director of Human Resources at (269) 927-8102. Any questions regarding your rights under Section 504 should be directed to the Student Outreach and Support Services office at (269) 927-8866.

The purpose of the hearing is to provide the opportunity for the campus designee or complainant and the respondent to present all relevant information and evidence with regard to the alleged misconduct. The respondent (student) requesting the appeal is encouraged to present new evidence to support their position.

It is the responsibility of the Student Appeals Committee, as applicable, to consider impartially all relevant information and evidence, determine the facts, apply college policy, and impose appropriate sanctions if the respondent is foundresponsible for the alleged violation. College judicial hearings are administrative hearingsthat allow flexibility and are not courts of law. Students may have an advisor from thecollege community during the hearings, but not an attorney. The advisor cannot speakor ask questions during the hearings or interrupt the procedures in any way. The judicialprocess is separate and independent from any civil or criminal action and may proceedeven if a related matter is anticipated or pending in other forums. Rules of evidenceand the criminal standard of proof do not apply. Student Appeals Committee members,as applicable, are expected to find a student or student organization responsible forviolations of college policies only if the information shows that it is more likely than not thatmisconduct occurred.

Whenever a hearing in front of the Student Appeals Committee is to be held regarding anallegation of misconduct, the campus designee or respondent and the complainant shallbe given at least three (3) business days’ notice of the charges and the date, time, andplace of the hearing. Failure of the respondent to attend the hearing will result in the casebeing heard in his or her absence. The order of presentation of the hearing will normallybe as follows:

  1. Introductions and reading of the charge(s) by the Student Appeals Committee Chair.
  2. The campus designee or complainant presents an opening statement.
  3. The accused presents an opening statement.
  4. The campus designee or complainant presents relevant evidence and witnesses.
  5. The accused may question the campus designee or complainant’s witnesses.
  6. The Student Appeals Committee may question the campus designee or complainant’switnesses.
  7. The accused presents relevant evidence and witnesses.
  8. The campus designee or complainant may question the witnesses of the accused.
  9. The Student Appeals Committee may question the accused’s witnesses.
  10. The Student Appeals Committee presents any witnesses called by the Student AppealsCommittee itself.
  11. First the campus designee or complainant and then the accused may question theStudent Appeals Committee’s witnesses.
  12. Any witness may be recalled for further questioning by any participant.
  13. The campus designee or complainant presents a final statement.
  14. The accused presents a final statement.
  15. The Student Appeals Committee deliberates privately and renders a decision.
  16. The Student Appeals Committee Chair sends to the accused student the decision inwriting within seven (7) business days.

The Student Appeals Committee may ask questions of witnesses at any time and alsofacilitate the presentation of the case. The Student Appeals Committee may call additionalwitnesses or seek further evidence relating to a case if the Student Appeals Committeemember desires clarification or further information. All hearings shall be closed toeveryone except the Student Appeals Committee appropriate college staff, the respondent,the campus designee or complainant, the observer/recorder selected by the college,and witnesses during the actual time of their testimony. The proceedings of the StudentAppeals Committee hearings are presumptively confidential. Unauthorized disclosureof information by any party or witness involved during the hearing process may lead todisciplinary action.

The respondent is entitled to be present at the hearing, to hear and respond to evidenceregarding the charges, to present witnesses, and to question witnesses and other evidence.

Witnesses must be members of the college faculty, staff or student body; unless theStudent Appeals Committee rules that others may appear in the interest of the case.

The respondent and complainant must give the names of all relevant witnesses to theombudsperson at least two (2) business days before the hearing. The respondent andcomplainant will have access to the names of all witnesses. It is the responsibility of the respondent and complainant to notify all witnesses of the date, time, and location of a hearing. If a witness fails to appear, the hearing shall be held in his or her absence.

All relevant information will be admissible. It is the responsibility of the respondent andcomplainant to submit all relevant information to the ombudsperson at least two (2)business days before the hearing. The chair, in consultation with the Student AppealsCommittee members, will determine relevance. All evidence and information presented tothe Student Appeals Committee is expected to be truthful, accurate, and complete. Failureto give truthful and complete information at a hearing may result in disciplinary actionfor a witness. Following the proceedings, the Student Appeals Committee will meet in aprivate session to deliberate whether the respondent is responsible or not for the chargesbased on the Committee’s judgment of whether it is more likely than not that misconducthas occurred. The Student Appeals Committee will not provide input on sanction(s) to therespondent. The Student Appeals Committee’s decision shall be based only on evidencepresented at the hearing. The chair will remain in the session as a resource person, but willnot participate in the deliberations. The Student Appeals Committee must reach a majoritydecision, with all members of the Student Appeals Committee voting. The decision of theStudent Appeals Committee is final.

If a student is dismissed or suspended from one LMC location, that individual is dismissedor suspended from all LMC locations. After the suspension/dismissal period has beenmet the individual under dismissal or suspension may apply for reinstatement. Thesuspension/dismissal starts at the time/date of official notification to the student from theVice President of Student Affairs or designee.

Prior to returning to campus, the Vice President of Student Affairs or designee may, if deemed appropriate,require the student to be assessed by an appropriate psychological provider (e.g., licensed clinical mental health counselor, psychologist, psychiatrist, licensed social worker). The purpose of the evaluation is to assure:

  1. The student is safe to return to campus and does not pose an immediate harm to him/herself or others and is able to adequately care for him or herself.
  2. The student is able to function both socially and academically and will not cause anydisruption to the community and normal functioning of the college.

The individual must begin the reinstatement process by informing, in writing, the Vice President of Student Affairs or designee. The letter should include a description of specific goals and supportive steps that the student will implement to help reduce the risk of another episode (or conduct issue) that caused the initial suspension or dismissal from the college. The appeal will be reviewed by the Vice President of Student Affairs or designee, who will act on the appeal within thirty (30) days of its receipt. The recommendation of the Vice President of Student Affair or designee, will be final. If the reinstatementrequest is denied, the student may appeal for reinstatement again after an additional five (5) years.

Policy Statement

Office of Origin: Human Resources; Accreditation, Strategic Projects and Quality
Responsibility:Executive Director, HR; Dean, Accreditation, Strategic Projects and Quality
Original Date Adopted: 5-23-89
Dates Reviewed: 2-4-09, 9-17-21(C), 1-19-22(C), 3-26-25(C)
Last Date Board Approved: 12-7-21

Standard/Code of Conduct

黨ǿmv (the College, LMC) complies with the Drug Free Schools and Communities Act Amendments of 1989 (DFSCA), which requires the College to certify that it has adopted and implemented programs to prevent the illicit use of drugs and the abuse of alcohol by students and employees. In accordance with the DFSCA and other applicable laws, including the Drug-Free Workplace Act of 1988, the College distributes an annual notice to students and employees.

The College will make a good faith effort to continue to maintain a drug free workplace / environment through the implementation of the following standard/code of conduct:

  1. Employees
    1. The unlawful manufacture, distribution, possession, use or sale of any controlled substance and/or alcohol on College premises or while acting as an agent of the College is prohibited and will constitute grounds for discipline, up to and including termination and referral for prosecution.
    2. Each employee engaged in the performance of a federal contract or grant must have a copy of the Drug Free Workplace/Drug and Alcohol Abuse Prevention Program policy and must agree, as a condition of employment, to abide by its terms and to notify the College of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after the conviction.
    3. The College will notify federal contracting or granting agencies of any convictions (as described 2 above) within 10 days after receiving notice of the conviction.

The College requires employees convicted of violations of criminal drug statutes in the workplace to satisfactorily participate in a drug abuse assistance or rehabilitation program, or face sanctions up to and including termination and referral for prosecution.

The College maintains an Employee Assistance Program (EAP). It strongly urges employees to use the EAP for confidential help with alcohol or drug problems. It is each employee's responsibility to seek assistance from the EAP before the problem affects judgment, performance, or behavior. For EAP assistance, contact the Executive Director, Human Resources at (269) 927-8704.

  1. Students
  • The unlawful manufacture, distribution, possession, use or sale of any controlled substance and/or alcohol on College premises or while engaged in College activities is prohibited and will be subject to discipline, up to and including expulsion and referral for prosecution.

Legal Sanctions

  1. Federal
    Federal law provides criminal and civil penalties for unlawful manufacture, distribution, possession, use, or sale of a controlled substance. Under the Controlled Substance Act, as well as other related federal laws, the penalties for controlled substance violations include, but are not limited to, incarceration, fines, potential for the forfeiture of property used in possession or to facilitate possession of a controlled substance (which may include homes, vehicles, boats, aircrafts and any other personal or real property), ineligibility to possess a firearm, and potential ineligibility to receive federal benefits (such as student loans and grants).
  2. State
    Michigan law prohibits the unlawful manufacture, distribution, possession, use, or sale of a controlled substance. If an individual is found guilty of a violation of the state law, they may be subject to fines and/or imprisonment.

    Notwithstanding state permissibility, the use and possession of marijuana or marijuana-induced intoxication are prohibited on College property.

    A minor may not purchase or attempt to purchase alcoholic liquor, consume, or attempt to consume alcoholic liquor, possess, or attempt to possess alcoholic liquor, or have any bodily alcohol content. Violation of the law may subject a minor to fines, participation in a substance abuse program or treatment center, imprisonment, community service hours, and/or out of pocket expenses related to required substance abuse screenings.

  3. Local
    Berrien and Van Buren Counties follow Michigan State laws.

Health Risks and Dangers in the Workplace

  1. Drug Abuse
    The following subcategories describe the most frequently used drugs and their respective associated risks, as follows (source: www.drugfree.org):
    1. Prescription Drugs.
      1. Pain relievers (Codeine, OxyContin, Percocet, Vicodin) – a large single dose can cause severe respiratory depression that can lead to death.
      2. Prescription Stimulants (Adderall, Dexedrine, Ritalin) – taking high doses may result in dangerously high body temperatures and an irregular heartbeat. Potential for heart attack or lethal seizures.
      3. Prescription sedatives and/or tranquilizers (Merbaral, Quaaludes, Xanax, Valium) – slows down brain activity and, when a user stops taking them, there can be a rebound effect that leads to seizures and other harmful consequences.
    2. Marijuana – can cause memory and learning problems, hallucinations, delusions and depersonalization.
    3. Ecstasy/MDMA - can cause severe dehydration, liver and heart failure and even death.
    4. Heroin – chronic heroin users risk death by overdose.
    5. Inhalants – chronic exposure can produce significant damage to the heart, lungs, liver, and kidneys.
    6. Cocaine/Crack – can cause heart attacks, strokes, and seizures. In rare cases, sudden death on the first use.
  2. Dangers in the Workplace
    On a worksite, the use of alcohol and other drugs may result in:
    1. Mistakes, accidents, and injuries.
    2. Damage to workplace equipment, causing subsequent injuries.
    3. A deterioration in workplace relationships.
    4. Increased sickness-related absenteeism.
    5. Lateness and lost time.
    6. A decrease in productivity.
    7. A decrease in staff morale.

Drug and Alcohol Programs

  1. Employees
    The following programs are available for employees:
    1. The EAP, available to all full- and part-time employees, is administered through HelpNet. Information can be found in the Human Resources offices or on the Employee Portal under the employee benefit links.
    2. Substance abuse treatment, including counseling, in-patient, and out-patient care, is available through College group health plans. For more information, employees may contact the Executive Director, Human Resources at (269) 927-8704.
  2. Currently Enrolled Students
    The following programs are available to currently enrolled students:
    1. Substance treatment resources in Berrien County:
      • Harbortown Treatment Center (269) 926-0015
      • Riverwood Center (800) 336-0341
    2. Substance treatment resources in Van Buren County
      • Van Buren Community Mental Health
        • 24-Hour Crisis Line (800)922-1418
        • South Haven Family Resource Center (269)637-5297
  3. Students who would like information about other alcohol and drug abuse referral services may contact the Student Well-Being and Accessibility office at (269)927-8142.
  4. Programs, Curriculum, and resources on substance and alcohol abuse are available to students in LMC's coursework, residence hall and throughout campus.

Disciplinary Sanction

  1. Employees
    Any employee who violates the above standards/code of conduct will be subject to (1) mandatory participation in drug abuse assistance or rehabilitation programs as condition of continued employment and/or (2) disciplinary action up to and including discharge or dismissal and referral for prosecution.
  2. Currently Enrolled Students
    ​​​​​​​Any student who violates the above standards/code of conduct will be subject to the above listed legal sanctions, as well as some or all of the following non exhaustive disciplinary actions:
    1. Restriction from College property, physically and/or virtually.
    2. Disqualification from receipt of financial aid.
    3. Participation in an assignment or program designed to educate the student on the health and legal risks resulting from unlawful drug or alcohol conduct.
    4. Suspension or expulsion, without refund of tuition or other fees, and with potential additional charges or other fees.
    5. Formal warning.
    6. Loss of privileges.
    7. Parental notification.
    8. Probation.
    9. Restitution.
    10. Community Service/paper.

Annual Notification of the Drug and Alcohol Prevention Program (DAAPP)

The College will provide currently enrolled students and employees with a copy of the Drug and Alcohol Abuse Prevention Program notice annually via email. This policy can also be found on LMC's website.

Biennial Review

All institutions of higher education are required under the DFSCA to conduct a biennial review of their DAAPP programs and policies to determine program effectiveness and consistency of policy enforcement and to identify and implement any changes needed.

Oversight Responsibility

Human Resources and Accreditation, Strategic Projects and Quality will have oversight responsibility of the DAAPP, including but not limited to updates, coordination of information required in the DAAPP, and coordination of the annual notification to employees and students. Student Affairs is responsible for LMC’s student educational programming, and Human Resources for employee educational programming as required under the DAAPP.

References:
Drug Free Schools and Communities Act Amendments of 1989 (DFSCA)
Drug Free Workplace Act of 1988

Employee Handbook

Student Code of Conduct

Note: last legal review 9/9/21, 12/10/24

The Drug Free Schools and Campuses Regulations (34 CFR Part 86) of the Drug-Free Schools and Communities Act (DFSCA) requires an institution of higher education (IHE) such as 黨ǿmv, to certify that it has implemented programs to prevent the abuse of alcohol and use and/or distribution of illicit drugs both by LMC students and employees both on its premises and as a part of any of its activities.

At minimum, an IHE must annually distribute the following in writing to all students and employees:

  1. Standards of conduct that clearly prohibit the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees;
  2. A description of the legal sanctions under local, state, or federal law for the unlawful possession and distribution of illicit drugs and alcohol;
  3. A description of the health risks associated with the use of illicit drugs and alcohol abuses;
  4. A description of any drug or alcohol counseling, treatment, or rehabilitation reentry programs that are available to employees or students; and
  5. A clear statement that the institution will impose sanctions on students andemployees and description of those sanctions, up to and including expulsionor termination of employment and referral for prosecution for violations of the standards of conduct.

Legal Sanctions

Federal

Federal law provides criminal and civil penalties for unlawful possession or distribution of a controlled substance. Under the Controlled Substance Act as well as other related federal laws, the penalties for controlled substance violations includes, but is not limited to, incarceration, fines, potential for the forfeiture of property used in possession or to facilitate possession of a controlled substance (which may include homes, vehicles, boats, aircrafts and any other personal or real property), ineligibility to possess a firearm, and potential ineligibility to receive federal benefits (such as student loans and grants).

State

Under current Michigan state law, “a person shall not knowingly or intentionally possess a controlled substance.” If an individual is found guilty of a violation of the state law, they may be subject to large fines and/or imprisonment.

A minor may not “purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content.” Violation of the law may subject a minor to fines, participation in a substance abuse program or treatment center, imprisonment, community service hours, and/or out of pocket expenses related to required substance abuse screenings.

Local

Berrien County follows State of Michigan laws.

Health Risks–Drug Abuse

The following subcategories are the most frequently used drugs, listed with their associated risks associated category(ies), per the .

  1. Prescription Drugs- covers both legally and/or illegally obtained.
    1. Prescription pain relievers (Codeine, OxyContin, Percocet, Vicodin) – a large single dose can cause severe respiratory depression that can lead to death.
    2. Prescription Stimulants (Adderall, Dexedrine, Ritalin) – taking high doses may result in dangerously high body temperatures and an irregular heartbeat. Potential for heart attack or lethal seizures.
    3. Prescription Sedatives and/or Tranquilizers (Merbaral, Quaaludes, Xanax, Valium) – slows down the brain’s activity and when a user stops taking them, there can be a rebound effect, possibly leading to seizures and other harmful consequences.
  2. Marijuana (Blunt, Dope, Grass, Hash, Herb, Mary Jane, Pot, Reefer, Skunk, Weed) – can cause memory and learning problems, hallucinations, delusions and depersonalization.
  3. Ecstasy/MDMA (Adam, Bean, E, Roll, X, XTC) - can cause severe dehydration, liver and heart failure and even death.
  4. Heroin (Big H, Black Tar, Dope, Junk, Skunk, Smack) – chronic heroin users risk death by overdose.
  5. Inhalants (Whippets, Bagging, Huffing, Poppers, Snappers, Dusting) – Chronic exposure can produce significant damage to the heart, lungs, liver, and kidneys.
  6. Cocaine/Crack (Big C, Blow, Bump, Coke, Nose Candy, Rick, Snow) – can cause heart attacks, strokes and seizures. In rare cases, sudden death on the first use.

Drug and Alcohol Programs

The following programs are available to currently enrolled students:

  1. Substance Treatment Resources in Berrien County:
    • Comfort in Counseling Robyn’s Nest (269) 983-6686
    • Harbortown Treatment Center (269) 926-0015
    • Riverwood Center (800) 336-0341
    • Southwestern Michigan Clinic Christian Counseling (269) 429-7727
  2. Students who would like information regarding additional alcohol and drug abuse referral services may contact the Executive Director of Students at (269) 927-8150.
  3. Educational programs covering drug or alcohol abuse are covered in the Healthful Living, Health and Fitness, and Personal Health classes to acquaint students with the concept of wellness and the relationship between physical activity and optimal Health and fitness.
  4. Brochures on underage drinking, drunk driving consequences, and drug use/abuse are available to students in multiple campus locations
  5. Informational booths and tables on substance and alcohol abuse are available to students.

Disciplinary Sanctions

Violations of the codes of conduct are taken very seriously. Disciplinary sanctions apply to students who violate the college’s drug and alcohol policy. See Sanctions in the Code of Conduct.

Annual Notification of the Drug and Alcohol Prevention Program (DAAPP)

The College will provide currently enrolled students with a copy of the Drug and Alcohol Abuse Program notice annually. This notice will be emailed to the student via their 黨ǿmv student email as well as their personal email.

Oversight Responsibility

The Director of Culture and Talent Success shall have oversight responsibility of the DAAPP including but not limited to; updates, coordination of information required in the DAAPP, and coordination of the annual notification to students.

Office of Origin: Human Resources
Responsibility: Executive Director, Human Resources
Original Date Adopted: 7-1-92
Dates Reviewed: 1-21-14, 7-13-18, 1-12-22 (C)
Last Date Board Approved: 9-25-18


Smoking and the use of nicotine on all 黨ǿmv (the College) campuses is prohibited except in personal vehicles and designated exterior smoking areas only. This applies to any property owned or maintained by the College, including inside all buildings (including Beckwith Hall), exterior open spaces except where designated, sidewalks, recreational spaces, vehicles owned or leased by the College, and parking lots (except in personal vehicles.)

This policy applies to employees, students, visitors as well as consultants, and contractors and their employees.

Smoking is defined as, but not limited to:

  • lighting, smoking, or carrying a lighted or smoldering cigar, cigarette, or pipe of any kind
  • use of any product intended to mimic tobacco products, containing tobacco flavoring, or delivering nicotine other than for purposes of cessation.
  • use of smokeless tobacco, which includes chewing tobacco, dipping tobacco (dip), snuff, nasal tobacco (snus) and/or any other variation of smokeless tobacco product.
  • use of electronic or mechanical nicotine delivery systems and vaping, including electronic cigarettes, pipes, cigars, and atomizers or mechanical devices such as mechanical personal vaporizers (MPVs) that use mechanical magnetic switches for activation. While the College recognizes that these products may not contain tobacco, their use looks similar to regular tobacco products and therefore gives the appearance of smoking.

Smoking as defined above or the use of tobacco products in any form is only permitted on stage as part of a theatrical production.

In accordance with the Drug Free Workplace/Drug & Alcohol Abuse Prevention Program policy, smoking any controlled substance on College premises is prohibited and will constitute grounds for discipline, up to and including termination and referral for prosecution.

Cessation

The College is committed to supporting individuals to become nicotine free. Nicotine replacement therapy products (e.g., nicotine patches, gum) for the purpose of cessation are permitted provided they do not give the appearance of smoking. Employees may contact Human Resources for information on available cessation programs.

References: Drug Free Workplace/Drug & Alcohol Abuse Prevention Program policy

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