Student Rights and Responsibilities

Policies and Procedures

Generally, the policies and procedures contained in this College Catalog must be followed by students currently enrolled for the 2010 fall semester and the 2011 spring and summer semesters.

The procedures and policies contained in this section are subject to change, as the College deems necessary. If you have a concern, please check with the appropriate office. An abbreviated version of the policies and procedures are contained in this section. For the complete Students Rights and Responsibilities, you may access the Web at www.mscd.edu/policies to confirm the policies and/or procedures you need to follow.

Exceptions (BASE)

Students may appeal to the Board of Academic Standards Exceptions (BASE) to request a variance from College academic requirements. Valid reasons for variances must accompany all petitions, and the petitions must be signed by the appropriate dean and department chair. For more information, contact the Office of Academic Affairs, 303-556-3040 and www.mscd.edu/~aa/student.

Academic Honesty

Students have a responsibility to maintain standards of academic ethics and honesty. Cases of cheating or plagiarism are handled within the policies of Academic Affairs in accordance with procedures outlined in the Metro State Student Handbook.

Conduct of Students

Metro State policy provides students the largest degree of freedom consistent with good work and orderly conduct. The Student Handbook contains standards of conduct to which students are expected to adhere. Information regarding students’ rights and responsibilities, including the student due process procedure (the procedural rights provided to students at Metro State before disciplinary action is imposed), is available in Tivoli 311, Central Classroom 313, or via the Web at: www.mscd.edu/policies.

Student Conduct Code

The Student Conduct Code is not intended to replace existing procedures related to:

• Discrimination or sexual harassment
• Grade appeals
• Requests for exceptions to academic policies
• Appeals for tuition and fee reduction
• Disputes relative to financial aid awards
• Instate tuition classification

For any other matter not included above, contact the Office of Student Life, as a resource for accurate information and advocacy on behalf of the students of the College. Student Life personnel can advise and assist students with unusual circumstances, or with problems not addressed in the Student Handbook or College Catalog, for example.

Respect for Rights of Others

The student assumes certain obligations of performance and behavior while attending Metro State. Based on this premise, reasonable policies, procedures and regulations have been developed to guarantee each student’s opportunity to learn and to protect the fundamental rights of others. Metro State students neither gain nor lose any of the rights and responsibilities of other citizens by virtue of their student status.

As members of an academic community, students are expected to conduct themselves in a mature and responsible manner. Students should try at all times to promote a sense of cooperation and civility within the College and work to build an atmosphere that will be most conducive to the goals of higher education within the institution.

Students, while within College facilities or while participating in College sponsored activities (on-campus and/or off-campus), are expected to comply with College rules and regulations and with the regulations of off-campus sites.

Freedom of Speech

Students shall have the right to assemble, to select speakers and guests, and to discuss issues of their choice. An invitation to a speaker shall not imply endorsement of the speaker’s views by either the student organization or the College.

Information about student views, beliefs, and political associations shall not be used to the detriment of students and their institutional standing.

The right of peaceful protest is granted within the College community. The College retains the right to assure the safety of individuals, the protection of property, and the continuity of the educational process.

The student press shall be free of censorship and shall provide editorial freedom. The editors and managers shall not be arbitrarily suspended because of student, faculty, administration, alumni, or community disapproval of editorial policy or content.

All student communications shall explicitly state on the editorial page or in broadcast that the opinions expressed are not necessarily those of the College and/or members of the College.

Academic Rights

Students have the right to:

• Be informed of course expectations and requirements.
• Be evaluated fairly on the basis of academic performance.
• Participate in free and open discussion, inquiry and expression, both in the classroom and in conference.
• Receive competent instruction and advisement.
• Expect protection against professors’ improper disclosure of students’ personal information, views, beliefs, and political associations when such information has become known as a result of professors’ instructions, advisement, or counsel.
• Expect protection, through established procedures, against prejudicial or capricious evaluation.
• Assess the value of a course to make suggestions as to its direction and to evaluate both the instructor and the instruction they have received.
• Have input in College policy-making, which may include, but shall not be limited to, course scheduling distribution of night and day classes, calendar arrangements, library policy and development, grading systems, course development, and curriculum.
• Expect instructors to conduct themselves professionally in the classroom in accordance with College policies and directives.
• Expect instructors to maintain office hours as required by College policy.
• Expect reasonable academic assistance from the appropriate department.
• Be informed of academic standards expected of them in the classroom through a syllabus and/ or course outline. Academic standards shall include, but not be limited to, classroom civility, class attendance requirements, objectives to be achieved, and the grading criteria that will be applied to a particular course of study.

Academic Responsibilities

Students have the responsibility to:

1. Inquire about course or degree requirements if they do not understand them or are in doubt about them.
2. Maintain the standards of academic performance established for individual courses and for programs of study.
3. Learn the content of any course of study.
4. Act in accordance with commonly accepted standards of academic conduct. If disruptive behavior occurs in a classroom, an instructor has authority to ask the student to leave the classroom for one class session and then report it to the Student Judicial Officer. Should such disorderly or disruptive conduct persist, the instructor should report the matter to Auraria Campus Police, the Student Judicial Officer, and the appropriate Department Chair and Dean’s office.
5. Maintain academic ethics and academic honesty.
6. Pay the tuition and fees and be officially registered in order to attend a class.
7. Initiate an investigation by contacting the department chair if they believe their academic rights have been violated.

Academic Misconduct

Academic dishonesty or misconduct is a serious offense at the College because it diminishes the quality of scholarship and the learning experience for everyone on campus. In order to encourage and foster academic excellence, the College expects students to conduct themselves in accordance with certain generally accepted norms of scholarship and professional behavior. Because of this expectation, the College does not condone any form of academic misconduct.

Academic misconduct includes, but is not limited to: plagiarism, cheating, fabrication, multiple submissions, collaboration, or facilitation of academic dishonesty, or knowingly or recklessly furnishing false information to the College. Academic misconduct is an unacceptable activity in scholarship, and is in conflict with academic and professional ethics and morals. Consequently, students who are found to have engaged in some form of academic misconduct may be subject to:

1. Reduction in grade, including a zero or an “F” or permanent “F” on the work in question.
2. Other academic penalties as outlined in the professor’s course requirements and expectations, and/ or syllabus.
3. Disciplinary action and/or other sanctions that will be determined on the basis of the seriousness of the offense.
4. Any combination thereof.

Generally, a student’s intentions will not be the primary consideration in the determination of whether academic misconduct has occurred. A student’s intentions will usually be considered only during the process of deciding on the appropriate sanctions or penalties.

Definitions of academic misconduct include, but are not limited to:

Plagiarism is the act of appropriating another’s work. This includes, but is not limited to the following:

1. The written, artistic, or musical composition of another; or the ideas, language, or symbols of same and passing them off as the product of one’s own work.
2. The lifting of a substantial or essential portion of another’s work.
3. The unacknowledged use of materials prepared by another person or agency, including Web sites, that may or may not be engaged in the selling of term papers or other academic material.

Cheating is the act of using or attempting to use, in examination or other academic work or material, information, or study aids which are not permitted by the instructor. Cheating includes, but is not limited to:

1. Using books, notes, or calculators, or copying from or conversing with others during an examination.
2. Having someone else do research, write papers, or take examinations.
3. Doing research, writing papers, or taking examinations for someone else.
4. Possession, use, or distribution of tests or other academic material belonging to a member of the college faculty, staff, or other students.

Fabrication is the invention or falsification of material or its source and its use as an authority in academic work. Fabrication includes, but is not limited to:

1. Inventing the data for a scientific experiment.
2. Inventing the title and author of a publication in order to use the invented publication as a source.
3. Knowingly attributing material to an incorrect source.

Academic Dishonesty Procedures, Student Conduct Code and Judicial Process

Refer to the most current Student Handbook in the Office of Student Life for complete information. You may also access it via the Web at: handbook.mscd.edu/index2.html. Additional information is also available on the Judicial Affairs Website at: www.mscd.edu/~judicial/.

Sexual Harassment

Sexual harassment is a form of discrimination based on sex. It is prohibited by law and College policy. In the educational context, sexual harassment is defined as any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s status in a course, program, activity, or educational evaluation
2. submission to or rejection of such conduct is used as the basis for educational decisions affecting that individual
3. such conduct has the purpose or effect of unreasonably interfering with an individual’s academic performance or educational experience, or of creating an intimidating, hostile or offensive educational environment.

Charges of sexual harassment can be based on a wide variety of behaviors, such as repeated derogatory sexual remarks, negotiation for sexual favors as a quid pro quo for grades or recommendations or threatened or actual sexual assault. These and similar behaviors seriously undermine the teaching and learning environment and can be grounds for disciplinary action. Sexual harassment should be reported to the Office of Equal Opportunity at 303-556-4746. Sexual assaults should be reported to the Auraria Campus Police at 303-556-3271.

Written policies addressing these issues in greater detail are available from the Office of Equal Opportunity and Affirmative Action in Central Classroom (CN) 315 or call 303-556-4746.

Amorous Relationships Involving Students and College Employees

Members of the College community, whether faculty members or administrative staff, put academic and professional trust and ethics at risk when they engage in amorous romantic/sexual relationships with people whose academic and/or professional benefits and opportunities are, or appear to be, subject to their authority, supervision or influence. Accordingly, the College prohibits such relationships, as well as any attempt to initiate or engage in such relationships. Any faculty member or administrator who engages in, or attempts to engage in, an amorous relationship with a student or subordinate shall report any such relationship or attempt to the EEO Officer.

Sexual harassment of an employee or student will lead to disciplinary action. In the case of an employee, such discipline may include termination. In case of students, such discipline may include expulsion.

Class Attendance

Attendance during the first week of class is required. It contributes greatly to teaching and learning. Some departments determine a student’s enrollment in a course based upon attendance during the first week of class. Consult the department for more information about the attendance policy for the class that you are attending. Students who drop classes are financially responsible for those classes in accordance with the withdrawal/refund policies stated on the Web class schedule on Metroconnect (metroconnect.mscd.edu).

Students are expected to attend all sessions of courses for which they are registered. Each instructor determines when a student’s absences have reached a point at which they jeopardize success in a course. When absences become excessive, the student may receive a failing grade for the course. If students anticipate a prolonged absence, they should contact their instructors. If they find that they cannot communicate with the instructor, they should contact the chair of that department, who will inform the instructor of the reasons for the anticipated absence. Whenever an instructor determines that a student’s absences are interfering with academic progress, the instructor may submit a letter to the department chair informing that office of the situation.

Students at Metro State who, because of their sincerely held religious beliefs, are unable to attend classes, take examinations, participate in graded activities or submit graded assignments on particular days shall, without penalty, be excused from such classes and be given a meaningful opportunity to make up such examinations and graded activities or assignments provided that proper notice and procedures are followed. The policies and procedures designed to excuse class attendance on religious holidays are covered in the Metro State Student Handbook.

Final Examinations

It is the general policy of the College to require final examinations of all students in all courses in which they are registered for credit, with the possible exception of seminar courses or special projects.

Equal Opportunity and Americans with Disabilities Act

Metropolitan State College of Denver is an equal opportunity employer; applications from minorities and women are particularly invited. Metropolitan State College of Denver does not discriminate on the basis of race, color, creed, national origin, sex, age, sexual orientation or disability in admissions or access to, or treatment or employment in, its educational programs or activities. Inquiries concerning the College grievance procedures may be directed to the designated Metro State officials. Inquiries concerning Title VI and Title IX may be referred to Dr. Percy Morehouse, Jr., Metro State Office of Equal Opportunity, Campus Box 63, P.O. Box 173362, Denver, CO 80217-3362, 303-556-4746. Inquiries concerning the Americans with Disabilities Act (ADA) or 504 may be referred to Ms. Kirsten Moore, Faculty and Staff ADA Coordinator, Metro State, Campus Box 47, P.O. Box 173362, Denver, CO 80217-3362, 303-556-8514; Mr. Steve Monaco, Student ADA Coordinator, 303-556-3881; Mr. Greg Sullivan, Director Access Center, Metro State, Campus Box 56, P.O. Box 173361, Denver, CO 80217-3361, 303-556-8387. Otherwise, all inquiries may be referred to the Office for Civil Rights, U.S. Department of Education, 1244 Speer Boulevard, Denver, CO 80204, 303-844-3723.

Family Educational Rights and Privacy Act

Student Rights

Metropolitan State College of Denver maintains educational records for each student who has enrolled at the College. A copy of the College’s policy on student educational records may be obtained from the Office of the Registrar, Central Classroom Building, Room 105. Under the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 USC 1232g, and the implementing regulations published at 34 CFR part 99, each eligible student has the right to:

1. Inspect and review his/her educational records;
2. Request the amendment of the student’s education records to ensure that they are not inaccurate, misleading or otherwise in violation of the student’s privacy or other rights;
3. Consent to disclosures of personally identifiable information contained in the student’s educational records, except to the extent that FERPA authorizes disclosure without consent (see Nondisclosure and Exceptions); and
4. File a complaint under 34 CFR 99.64, concerning alleged failures by the College to comply with the requirements of FERPA, with the Family Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605.

Procedure for Inspecting and Reviewing Educational Records

Students may inspect and review their education records upon a written request submitted to the Registrar, Central Classroom, Room 105, or by mail to Campus Box 84, P.O. Box 173362, Denver, Colorado 80217-3362.

1. The request shall identify as precisely as possible the record or records the student wishes to inspect.
2. The record custodian or an appropriate staff person shall make the arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given within 45 days from the receipt of the request.
3. When a record contains information about more than one student, the student may inspect and review only the records that relate to that student.

Procedure for Amending Educational Records

A student may make a written request to amend a record.

1. In the request, the student should identify the part of the record to be changed and specify why the student believes it is inaccurate, misleading, or in violation of the student’s privacy or other rights.
2. Metropolitan State College of Denver shall comply with the request or notify the student that the College will not comply with the request and advise the student of the student’s right to a hearing to challenge the information believed to be inaccurate, misleading or in violation of the student’s rights.
3. Upon written request, Metropolitan State College of Denver will arrange for a hearing, and notify the student, reasonably in advance, of the date, place, and time of the hearing.
4. The hearing will be conducted by a hearing officer who is a disinterested party, but who may be an official of the institution. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. The student may be assisted by one or more individuals, including an attorney.
5. Metropolitan State College of Denver will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
6. If Metropolitan State College of Denver decides that the challenged information is not inaccurate, misleading, or in violation of the student’s right of privacy or other right, it will notify the student that the student has a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
7. The statement will be maintained as part of the student’s education records as long as the contested portion is maintained. If Metropolitan State College of Denver decides that the information is inaccurate, misleading, or in violation of the student’s rights, it will amend the record and notify the student, in writing, that the record has been amended.

Nondisclosure and Exceptions

Pursuant to FERPA, the College will not disclose a student’s education records without the written consent of the student except to College officials with legitimate educational interests, to officials at other institutions in which the student seeks to enroll; in connection with providing financial aid to the student; to accrediting agencies in carrying out their functions; to federal, state or local authorities auditing or evaluating the College’s compliance with education programs; to consultants conducting studies on behalf of the College; in compliance with a judicial order or subpoena; to other outside providers who may be subject to a contractual obligation to maintain confidentiality of student information (e.g. Auraria Higher Education, National Student Clearinghouse, or legal and debt collection services); may release educational records to parents of dependent children in accordance with IRS code of 1986; and in connection with a health or safety emergency involving the student. However, the College may release directory information without the prior written consent of the student unless  an enrolled student has notified the College’s Office of the Registrar in writing that any or all types of directory information shall not be disclosed without the consent of the student. A request for nondisclosure will remain in effect until the student is no longer enrolled or cancels the request for nondisclosure.

A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position; or a person elected to the Board of Trustees; or a person employed by or under contract to the College to perform a special task, such as attorney, auditor or consultant; or a student or other person serving on an official College committee or assisting a school official in performing the official’s professional duties and responsibilities. A legitimate educational interest is the need of a school official to review educational records in order to fulfill that official’s professional duties and responsibilities.

Metro State email address is limited to use for faculty, staff, and students. E-mail addresses will not be provided to third-parties outside of the institution.

Other than Directory Information, which may be released to the general public, the college will not release educational records without a student’s written consent, signed, and dated by the student.

Directory Information

The Metropolitan State College of Denver has designated the following categories of personally identifiable information on students as directory information under section 438(a)(5)(B) of FERPA:

• name, address and telephone number
• student classification
• major and minor fields of study
• participation in officially recognized activities and sports
• weight and height of members of athletic teams
• dates of attendance at the College
• degrees and awards received
• last educational institution attended
• enrollment status

Graduation Rate, The Student Right-to-Know Act and Campus Security Act

This report was prepared by the Office of Institutional Research at Metropolitan State College of Denver to comply with the federal Student Right-to-Know and Campus Security Act of 1990. Our latest six-year graduation rate, for the 2003 cohort of first-time, full-time students is 20.56%.

*This was a forcible oral sexual assault.

**These were all forcible fondling.

***Two were forcible fondling, two were strong arm sexual assaults, and two were strong arm sodomy assaults.

The reason for the marked increase in burglary is due to the definition provided in the “Handbook for Campus Crime Reporting” published by the US Dept of Education/2005 stating “If lawful entry cannot be proven, classify as a burglary.” Many of these crimes were previously classified as a theft which is a non-reportable offense for CLERY.

The reason for the marked decrease is due to the definition provided in the “Handbook for Campus Crime Reporting” published by the US Dept of Education/2005 stating “All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.” be included; essentially, sidewalk, street, sidewalk. The Auraria Campus was previously over-reporting the statistics.