Pursuant to the NSCS Board Policy 3100 regarding student conduct, students are responsible to obey the laws of the state and nation, the regulations and policies of the Board and of the Colleges; and to refrain from any conduct injurious to themselves, to others, or to the reputation or interests of the College. Acceptance of this policy by the student is implied as a condition of their enrollment.
A student shall not ignore a summons from the President or other officer of administration of the College, or from a member of the faculty.
Student misconduct as identified under this policy or a violation of College regulations or policy, whether occurring on or off College property, may result in disciplinary action being taken against the student.
Students may be ordered to leave the College under a temporary suspension pending disciplinary action due process per Board Policy 3200 (Due Process) in the event the student’s continued presence is believed to threaten the safety or health of another person or for other reasons at the discretion of the vice president responsible for student affairs or designee. Such order shall be given in writing by the vice president responsible for student affairs or designee.
Students suspended or expelled from one of the state colleges may be admitted to another Nebraska State College only under the same conditions that they would be readmitted to the College from which they were suspended.
Student misconduct
The following acts shall be considered to constitute misconduct for which an offending student or student organization may be subject to disciplinary sanctions.
- Participation in a demonstration on College property which materially and substantially disrupts or obstructs the normal operations, activities, or functions of the College, including unauthorized occupation of College premises;
- Failure to evacuate College facilities or willfully ignoring any emergency or alarm signal or request to evacuate by appropriate emergency personnel;
- Falsification or willful suppression of any information for or on an application for admission, or falsification or misuse of College identification and other documents;
- Misuse of computers or computing resources, including, but not limited to, violating the following federal regulations: the Copyright Act of 1976 and the Fair Use Guidelines, the Digital Millennium Copyright Act of 1998, and the Technology, Education and Copyright Harmonization Act of 2002;
- Unlawful or unauthorized possession, use, distribution, dispensing, delivery, sale or consumption, manufacture, or being in the presence of any alcoholic beverage, including empty bottles/cans or any alcohol container on any part of College property including outdoor areas and parking lots;
- Alcohol consumption that endangers the health, safety, or property of oneself or another, or requires medical treatment or College staff intervention;
- Unlawful or unauthorized possession, use, distribution, delivery, dispensing, manufacture, or sale, or being in the presence of any drug; being in possession of paraphernalia for drug use, except as expressly permitted by law, or being unlawfully under the influence of any drug unless directed by a licensed physician;
- Inflicting unwanted physical contact on another person; conduct that intimidates, harasses, or threatens the safety, health, property, or life of others or oneself; participating or contributing to an incident of abuse or assault; causing, provoking, or engaging in any fight, brawl, or riotous behavior; or inflicting willful and repeated harm through the use of computers, cellphones, and other electronic devices;
- Any act occurring on College property or on the premises of a student housing unit which intentionally disturbs the peace and quiet of any person or group of persons;
- Sex harassment or sexual violence, as Board Policy 3020 (Sexual Harassment and Sex Discrimination) defines those terms;
- Conduct that is unreasonably dangerous to the health or safety of other persons or oneself;
- Theft or attempted theft of any property or receipt of stolen property;
- Damaging or attempting to damage property of the College or of another individual;
- Using or possessing bombs, explosives, incendiary devices, or fireworks;
- Setting or attempting to set any fire on the campus or on the premises of any student housing unit, except in fireplaces or other facilities designated for fires;
- Failing to report a fire or any other extremely dangerous condition when known or recognized on College property or on the premises of any student housing unit;
- Possessing or selling firearms, ammunition, weapons, explosives, or dangerous chemicals on College property or on the premises of any student housing unit;
- Obstructing or failing to comply with the directions of a law enforcement officer, firefighter, or College official in the performance of his or her duty on College property, on the premises of any student housing unit or at any activity or event sponsored by the College or an organization;
- Hazing any person. Consent of the victim of the hazing will not constitute a defense to an allegation of misconduct for hazing. Hazing shall mean any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with any organization;
- Committing any unlawful act of indecent exposure or public indecency;
- Participating in any gambling activity in violation of the laws of the State of Nebraska or of the United States;
- Unauthorized use of any College property, facilities, equipment, or materials;
- Possessing, producing, manufacturing, or having manufactured without proper authorization any key or unlocking device for use on any College facility or lock;
- Serious traffic violations on the campus, including, but not limited to, operating any vehicle while intoxicated, speeding, reckless endangerment, or reckless driving;
- Violation of any student housing unit policy, rule, or regulation;
- Failure to redeem or make arrangements to redeem, within one week after receipt of written notice, an insufficient funds or no account check submitted to the College for cash or for payment of College goods or services;
- Abuse of College investigations or disciplinary proceedings which includes, but is not limited to, failure to obey a request to appear before a disciplinary officer or committee, falsification of testimony, disruption or interference with the orderly conduct of any hearing, attempting to discourage any person from using College disciplinary procedures or participating in such procedures, attempting to influence the impartiality of a member of a disciplinary committee prior to any proceeding, filing a malicious, false, or frivolous complaint, verbal or physical harassment or intimidation of a member of a disciplinary committee prior to, during, or after a proceeding, failure to comply with any sanction imposed, influencing or attempting to influence another person to commit an abuse of disciplinary proceedings, and a violation of the privacy rights of any student or College employee in regard to a disciplinary proceeding;
- Any act by a student that occurs on the campus, while studying abroad, on the premises of any student housing unit, or at any activity or event sponsored by the College or an organization that is in violation of any ordinance of the municipality in which the College resides, shall constitute misconduct;
- Falsely setting off or otherwise tampering with any emergency safety equipment, fire alarm, or other device established for the safety of individuals and/or college facilities;
- Harassing or discriminating against any student, faculty, or staff member, as defined in Board Policy 3021 (Unlawful Harassment), on the basis of race, color, national origin, sex, sexual orientation, gender identity, disability, religion, or age; and
- Any other activity or conduct prohibited by the College in published policies.
Unreasonably dangerous or threatening conduct toward self
Student behaviors and actions that are unreasonably dangerous to self or that threaten the student’s own safety or health may constitute misconduct under this policy and may be addressed by the College administration through the disciplinary process. When practicable and appropriate, efforts will be made to advise students regarding voluntary withdrawal options in lieu of initiating disciplinary due process as set forth in Board Policy 3200 (Due Process).
At the discretion of the Vice President for Student Affairs or designee, a student may be allowed to voluntarily withdraw when continued enrollment no longer appears to be in the best interests of the student and/or College in conjunction with mutually agreed upon conditions that will be required for the student to reapply for admission.
Disciplinary sanctions
Temporary suspension
Students may be ordered to leave the College under a temporary suspension pending disciplinary action due process per Board Policy 3200 in the event the student’s continued presence is believed to threaten the safety or health of another person or for other reasons at the discretion of the vice president responsible for student affairs or designee.
Other interim measures
Pending disciplinary action under Board Policy 3200, students may be subject to the interim measures, including, but not limited to, no-contact orders, temporary restrictions from specific areas of the campus, changes in class schedules and/or delivery, changes in residence hall assignments, and/or changes in campus employment.