It is assumed that every student enrolling in Mississippi College agrees to conduct himself or herself in a manner conducive to the highest sort of mental and moral development in keeping with the ideals and traditions of Mississippi College. Personal misconduct either on or off campus by anyone connected with Mississippi College detracts from the Christian witness Mississippi College strives to present to the world and hinders full accomplishment of the mission of Mississippi College.
As an institution pledged to the Christian principle of concern for others, the College enunciates a definite position on certain matters. Students who elect to attend Mississippi College, realizing its position on such matters, are expected to respect and abide by that position. Students who evidence an unwillingness or inability to conduct themselves in accordance with College standards and any other rules and regulations of the College not specifically listed here, either on or off the campus, shall be subject to disciplinary action.
The faculty, administration, and Student Government Association cooperate in the student conduct process. Student participation in the conduct process is by allowance and not as a delegation of ultimate authority or responsibility. This procedure, it is hoped, will aid the students of Mississippi College to receive fair treatment and procedure, according to and by the rules, regulations, standards and ideals of this institution, allowing them an opportunity to exercise “self-discipline” to the fullest extent possible.
Mississippi College students are responsible for knowing the information, policies and procedures outlined in this document. Mississippi College reserves the right to make changes to this code as necessary and once those changes are posted online, they are in effect. Students are encouraged to check online (www.mc.edu/tomahawk) for the updated versions of all policies and procedures.
- The term “College,” “University,” “Institution,” or “MC” means Mississippi College.
- The term “student” includes all persons taking courses at Mississippi College, both full-time and part-time, pursuing undergraduate, graduate, doctorate or professional studies and those who attend post-secondary educational institutions other than Mississippi College and who reside in Mississippi College residence halls. A person who is not officially enrolled for a particular term but has a continuing relationship with Mississippi College is considered a “student.”
- The term “faculty member” means any person assigned by the College to conduct classroom activities.
- The term “College official” includes any person performing assigned administrative or professional responsibilities.
- The term “member of the College community” includes any person who is a student, faculty member, College official or any other person employed by Mississippi College. A person’s status in a particular situation relative to this code shall be determined by the Chief Conduct Officer.
- The term “College premises” includes all land, buildings, facilities, and other property in the possession of, or owned, used or controlled by Mississippi College including adjacent streets and sidewalks.
- The term “organization” means any number of persons who have complied with the formal requirements for recognition of an organization at Mississippi College.
- The term “Student Conduct Body” means any person or persons authorized by the Chief Conduct Officer to determine whether a student has violated the Mississippi College Student Code of Conduct and to recommend imposition of sanctions.
- The term “Student Hearing Board” is a hearing board made up of students elected and/or appointed according to the procedures outlined in the Mississippi College Student Government Association Constitution and Bylaws.
- The term “University Hearing Board” is a hearing board made up of at least one faculty member, one staff member and one student representative chosen from the University Hearing Board Committee.
- The term “Conduct Officer” or “Student Conduct Officer” means a Mississippi College official authorized on a case-by-case basis by the Chief Conduct Officer to impose sanctions upon students found to have violated the Mississippi College Student Code of Conduct. The Chief Conduct Officer may authorize a conduct officer to serve simultaneously as a conduct officer and the sole member or one of the members of a student conduct body. Nothing shall prevent the Chief Conduct Officer or the Vice President of Enrollment Services and Dean of Students from serving as conduct officers or authoring the same conduct officer to impose sanctions in all cases.
- The term “Appellate Body” means any person or persons authorized by the Chief Conduct Officer to consider an appeal from a conduct body’s determination that a student has violated the Mississippi College Student Code of Conduct or from the sanctions imposed by a Conduct Officer.
- The term “shall” is used in the imperative sense.
- The term “may” is used in the permissive sense.
- The term “Chief Conduct Officer” means a Mississippi College official authorized by the Vice President for Enrollment Services and Dean of Students to be responsible for the ongoing or temporary administration of the Mississippi College Student Code of Conduct.
- The term “policy” is defined as the written regulations of Mississippi College as found in, but not limited to, the Mississippi College Student Code of Conduct, The Mississippi College Tomahawk (Student Handbook), written Residence Life material, the Graduate Catalog, the Undergraduate Catalog, and any additional materials otherwise published or disseminated as policy.
- The term “academic honesty” which includes but it is not limited to prohibitive acts such as “plagiarism” and “cheating” is addressed in Policy 2.19: Academic Honesty in the Mississippi College Policies and Procedures Manual. The following is taken from that policy:
i. Cheating on examinations, shall include, but not be limited to: (a) taking answers from another students’ paper or allowing answers to be taken from one’s own paper during an examination or quiz; (b) the use of notes or any other aid not specifically allowed or approved by the instructor; (c) unauthorized access to an administered examination or quiz and dissemination of same; (d) collaboration on take-home examinations unless specifically approved by the instructor. Cheating on course assignments, shall include, but not be limited to: (a) receiving editorial assistance beyond that expressly allowed by the instructor; (b) collaborating with another person in the preparation of any assignment offered for credit when such collaboration is prohibited by the instructor; (c) submitting the same work for credit in more than one course, regardless of whether or not such submission occurs within the same term. An exception may be granted if the student receives written permission in advance from his/her instructor(s).
i. No student shall submit as his or her own work any term paper, research paper, thesis or other academic assignment of original work that in any part is not in fact his/her own work. Knowingly using the ideas of another person and offering them as one’s own original ideas is prohibited by this policy to the same extent as knowing using the words of another writer and offering them as one’s own original writing.
c. Other Academic Misconduct
i. Other academic misconduct shall include, but not be limited to: (a) unauthorized access to an/or the alteration of school records, including but not limited to, transcripts, grade books, class rolls, and grade reports. This prohibition extends to all such records of the university, including those which are stored and maintained electronically; (b) submitting any assignment for credit which is based in part or in total on data which is either fabricated or manufactured; (c) misrepresenting one’s self for the purpose of taking an examination for another student or allowing such representation to occur; (d) the forgery, alteration, and/or misuse of university documents, including student identification cards with intent to defraud, deceive, or mislead; (e) providing false information or misleading information to avoid penalties for unexcused or excessive absences in any class or to obtain permission to drop a course without penalty after the established drop date.
- The term “computing facilities” includes, but is not limited to, computing labs and other computers on-campus that are accessed by or accessible to students. Personal computer use on-campus which uses College access to the internet or College phone lines may also be include in this definition as applied to prohibitive conduct. Also included is use of the Mississippi College email system and website.
- The term “complainant” refers to the individual or individuals who bring forth a complaint against another student. A complainant could be any member of the Mississippi College community, including, but not limited to Residence Life professionals and Office of Public Safety Officials.
- The term “respondent” refers to the student or students accused of a violation of the Mississippi College Student Code of Conduct.
- The term “information” includes, but is not limited to, any and all pertinent records, exhibits and written statements relating to an incident and/or violations of the Mississippi College Student Code of Conduct.
Effective consent is informed, freely and actively given, in mutually understandable words or actions, by each participant, which indicates a willingness to participate in mutually agreed upon sexual activity.
In the absence of mutually understandable words or actions (a meeting of the minds on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator, that is, the person who wants to engage in the specific sexual activity, to make sure that they have consent from their partner. Relying solely upon non-verbal communication can lead to miscommunication. It is important not to make assumptions. If confusion or ambiguity on the issue of consent arises anytime during the sexual interaction, the initiator should stop and verbally clarify the other individual’s willingness to continue.
Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested a mutually understandable agreement between them to do the same act, in the same way, at the same time, with each other.
Consent which is obtained through the use of fraud or force, whether that force is physical force, threats, intimidation, or coercion, is ineffective consent. Intimidation or coercion is determined by reference to the reasonable perception of a person found in the same or similar circumstances.
Consent may not be inferred from silence, passivity or lack or active resistance alone. Consent may never be given minors, mentally disabled persons, or physically incapacitated persons.
Silence, previous sexual relationships, and/or current relationship with the respondent (or anyone else) may not, themselves, be taken to imply consent. Consent cannot be implied by attire, or inferred from the buying of dinner, the giving of or exchange of any gifts, or the spending of money on a date.
Consent to one type of sexual act may not, in itself, be taken to imply consent to another type of sexual act. Consent has an expiration date. Consent lasts for a reasonable time, depending on the circumstances. Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly; upon clear communication, all sexual activity must cease.
Incapacitation means being in a state where a person lacks the mental or physical capacity to appreciate the fact that the situation is sexual, or cannot appreciate (rationally and reasonably) the nature and extent of that situation or its potential consequences.
One who is physically incapacitated as a result of alcohol or other drug consumption (voluntarily or involuntarily), or who in unconscious, unaware, or otherwise physically helpless, is incapable of giving consent. One may not engage in sexual activity with another who one knows, or should reasonably have known is incapacitated as a result of alcohol or drugs. The use of alcohol or drugs can lower inhibitions and create an atmosphere of confusion over whether consent is freely and effectively given. The perspective of a reasonable person will be the basis for determining whether one should have known about the impact of the use of alcohol or drugs on another’s ability to give consent. Being intoxicated or high does not diminish one’s responsibility to obtain consent and is never an excuse for acts covered under “Article III, Section X: Sexual Misconduct.”)