Student Code of Conduct and Discipline Policy
Student Code of Conduct and Discipline Policy
Effective Date: July, 2026
Board Approval: January 14, 2026
Revised: November 4, 2015, January 14, 2026
1. Purpose
The Tooele Technical College (TTECH) provides this Policy and Procedure in order to articulate the College’s commitment to all students, to outline standards for appropriate student group and individual behavior, and to encourage responsible citizenship within the campus community.
2. References
• Higher Education Opportunity Act
• Utah Code 53H-7-6; 6
• Title IX of the Higher Education Act
• Violence Against Women Act
• Utah Criminal Code 76-5
• TTECH Policies: Student Due Process, Student Grievance, and Title IX
3. Definitions
3.1 Administrative Discipline: formal corrective and/or disciplinary action taken against a student by a member of the college staff
3.2 Grievance: any reported incident that occurred while the student was enrolled that is the subject of a complaint involving a college student, a faculty member, other College staff, guests visiting the College, or other TTECH students. Such incidents must be a violation of college policies and procedures. Incidents or complaints reported may include sexual harassment, racial discrimination, or other types of allegations or grievance issues. Reliable documentation and/or testimony that allow a fair review of the complaint are essential components of the grievance process.
3.3 Due Process: Due process refers to the right to be heard which shall be provided to all of the parties associated with a student grievance. Due process includes the right of notification of statements or charges made and reasonable opportunities to respond in a timely manner prior to disciplinary action taken by the College. Students should be informed of standards and regulations regarding student conduct and performance standards. Resolutions and disciplinary actions, which are outcomes of a complaint, shall be clearly explained and fairly administered. All students are guaranteed the right to due process in accordance with Tooele Technical College Student Due Process Policy.
3.4 Student: The college recognizes student status as a student enrolled and engaged in an active course of study.
3.5 Consent: Consent means freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue shall not constitute consent. A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear. Lack of consent may be inferred based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person's actions.
4. Policy
4.1 College Responsibilities: TTECH acknowledges certain rights and privileges that students should receive including:
4.1.1 A safe climate conducive to learning with consideration for the dignity of students, permitting them to be treated with courtesy and respect.
4.1.2 Reasonable notice of attendance, performance, and completion standards and expectations.
4.1.3 The right to due process in any proceedings involving the possibility of administrative discipline. This includes the right to be heard and the right to a decision with review by impartial persons.
4.1.4 The right to be free from illegal bias, prejudice, discrimination, or any form of harassment, including hazing.
4.1.5 The right to privacy and confidentiality of student and academic records.
4.1.6 The right to reasonable access to facilities, programs, and information relating to their course of study.
4.2 Student Responsibilities
4.2.1 By registering as a student of the College, the student agrees to maintain College standards for student conduct and to do so in accordance with the rights outlined above. Subject to the code will be any conduct that adversely impacts the business of the College, including online and community relationships. Conduct proceedings may be instigated for off-campus behaviors if such behaviors impact the business or reputation of the institution.
4.2.2 Further, students agree that violations of those standards may result in Administrative Discipline which could include suspension from the college.
4.2.3 In regard to academic integrity, the following behaviors are prohibited:
4.2.3.1 Academic misconduct, including but not limited to cheating, plagiarism, forgery, misrepresentation of another person’s work as one’s own, providing work or answers to another person beyond the scope of what is expected for an assignment or exam, misrepresentation of attendance, etc.
4.2.3.2 Behavior that violates college rules or regulations, including classroom policies.
4.2.3.3 Behavior that unreasonably disrupts or otherwise interferes with the rights of other students to pursue an education or interferes with an instructor’s ability to teach, including behavior that would be considered abusive or threatening by a reasonable person toward other students, faculty, staff, or other College representatives. Note: Students are specifically forbidden to bring non-student
guests (children, spouses, parents, friends, etc.) into class spaces; guests may wait in public lobbies.
4.2.3.4 Violations of copyright law including plagiarism, illegal duplication and/or modifications of materials or files, downloading or uploading copyrighted files without appropriate permission, using College equipment (including College networks) for copyright violation(s), distribution and/or display of materials including literary works, musical works (including accompanying words), dramatic works (including any accompanying music) pictorial, graphic and sculptural works, motion pictures and other audio-visual works, sound recordings, architectural works and works created by state and local governments and any attempt to circumvent copy protection or digital rights management systems while at the College. Conduct which is covered under the “Fair Use” provisions of copyright law shall not be considered a violation.
4.2.3.4.1 Students must contact the copyright owner for permission and include citation and reference when using copyrighted material.
4.2.3.5 Inappropriate disclosure of confidential information to which a student gains access as a result of college training, activities, or employment.
4.2.4 Investigation and resolution of academic misconduct lies with the instructor but will be made part of the student’s disciplinary record in Student Services. The instructor will involve Student Services as is appropriate to account for due process and consistency. If the accused does not agree with the instructor finding or sanction, he/she may file a grievance using the Institutional Grievance Process.
4.2.4.1 Prior to being interviewed about allegations of misconduct by a person in a position to expel or institute a 30-day suspension against a student, the College shall provide students with notice of the allegations against them and of their right to have an advisor throughout the process who may, but need not be, an attorney.
4.2.4.2 During such an inquiry, investigation, or other informal process, an advisor may only advise the student and may not actively participate in the investigation or informal process.
4.2.5 In regard to personal conduct, the following behaviors are prohibited:
4.2.5.1 Behavior that violates federal, state, or local law.
4.2.5.2 Illegal possession or use of weapons.
4.2.5.3 Misrepresentation of one’s identity (i.e., providing false identification and/or claiming to be another person) in any context related to college enrollment or study.
4.2.5.4 Possession or use of controlled substances, including illegal drugs and alcohol. Smoking or use of e-cigarettes outside of designated areas is also prohibited.
4.2.5.5 Any use of college facilities, resources, or equipment, which in the judgement of the Administration is primarily for profit or personal gain.
4.2.5.6 Behavior that unreasonably disrupts or otherwise interferes with the lawful functions of the college and its personnel.
4.2.5.7 Behavior which results in injury or damage to persons affiliated with the College or to college property.
4.2.5.8 Inappropriate disclosure of confidential information to which a student gains access as a result of college training, activities, or employment.
4.2.5.9 Conduct which violates any legal obligations or restrictions placed on the student by the College, external sponsors, courts, or other legal entities (i.e. Protective Orders, Terms of Probation and Parole, etc.) as it would pertain to the student’s program.
4.2.5.10 Misuse of campus technology which may include:
4.2.5.10.1 Any use for financial gain.
4.2.5.10.2 Any use for product advertising, client building, or political lobbying.
4.2.5.10.3 Any use which shall serve to disrupt the use of the network by other users.
4.2.5.10.4 Any file sharing or peer-to-peer file sharing allowing computing devises to upload/download information from any other computing devise violating copyright.
4.2.5.10.5 Any use of network resources for illegal or inappropriate purposes, or to access materials that are objectionable in a system of higher education technical college environment, or in support of such activities, material or communication is deemed by a reasonable person to be offensive, such as pornographic or sexually explicit material.
4.2.5.10.6 Accessing private, protected, or controlled records or files regardless of the electronic format without management authorization.
4.2.5.10.7 Divulging or making know to others passwords to college systems.
4.2.5.10.8 Disturbing, offensive, disparaging, or harassing statements, through email or social media, including those that may incite violence/hate or that are based on race, national origin, sex, sexual orientation, age, disability, political or religious beliefs.
4.2.5.10.9 Knowingly or recklessly spreading computer viruses, including acting in a way that effectively opens file types known to spread computer viruses, particularly from unknown sources or from sources from which the file would not be reasonably expected to be connected.
4.2.5.10.10 Harassment or discrimination toward students or staff for any reason, including hazing. Harassment based on gender, gender identification, sexual preference, or sex stereotyping is specifically prohibited, and includes retaliation in response to a report of sexual harassment or sexual assault.
4.2.5.10.11 Allegations of harassment are considered to apply to students’ use of personal social media tools. If a student is found to be engaging in cyber bullying, harassment, or any similar behavior toward another student or staff member, the allegations will be investigated and dealt with in accordance with the Student Code of Conduct Policy, regardless of whether the infraction is alleged to have happened on college property.
4.2.5.10.12 Sexual misconduct and nonconsensual sexual contact of any kind will not be tolerated. This includes but is not limited to rape, voyeurism, intentional exposure for the purpose of exhibitionism, intentional
exposure to pornography, sexual harassment (verbal or behavioral), stalking, sexual exploitation, taking photographs of a sexual nature, and/or threats of sexual violence. Incidents of intimate partner abuse and domestic violence may also be considered sexual misconduct.
4.2.5.10.12.1 TTECH is obligated by federal law to investigate allegations of sexual misconduct violence and will do so concurrently with investigations of law enforcement if:
4.2.5.10.12.1.1 The accused is a student (investigated by Student Services) or employee (investigated by Human Resources).
4.2.5.10.12.1.2 The incident is alleged to have happened on campus, on campus owned or controlled property, on property contiguous to campus owned or controlled property, or at a campus sponsored activity.
4.2.5.10.12.1.3 The alleged incident occurs off campus but is between two or more TTECH students.
4.3 Procedures for Violations of the Code of Conduct
All students are guaranteed the right to due process (See TTECH Student Due Process Policy).
4.3.1 With exception of academic violations, which may be resolved in the classroom at the instructor’s discretion, violations of the Code of Conduct will be reported to the VP of Student Services.
4.3.2 If, upon review of the reported incident, the VP believes a violation to have occurred, he/she will notify the student of the allegations against them and of their right to have an advisor throughout the process who may, but need not be, an attorney. The VP will convene a meeting with the student. At this meeting, the student will have the opportunity to review the allegations brought against him/her. The accused will have the opportunity to respond to the charges and ask questions regarding the Code of Conduct and processes. The meeting may result in one of the following:
4.3.2.1 Acceptance of Responsibility – the accused accepts responsibility for the behavior described and sanctions are assigned.
4.3.2.2 Responsibility Assigned by VP of Student Services – through preponderance of the evidence, the VP is able to determine whether the student is responsible or not responsible for the described behaviors. Sanctions are assigned, as appropriate, per the Sanctions section of this Policy. Determination is provided in writing within three business days to the accused. If the accused accepts this determination, the decision is final. If the accused does not accept this determination, a hearing panel will be convened, as outlined below.
4.3.2.3 Further Investigation – if the VP cannot determine whether the accused is more likely than not to be responsible for the behavior, he/she may continue the investigation and a second meeting will be scheduled once the investigation is completed.
4.3.2.4 Referral to Hearing Panel – the VP may decide that the nature or severity of the allegation is such that it is best resolved by a hearing panel.
4.3.2.5 Failure to Appear/Respond – If the student does not appear for the meeting or appears but refuses to respond, the VP may determine responsibility and assign sanctions, as appropriate.
4.4 Hearing Panels
4.4.1 The VP of Human Resources will oversee hearing panels and is charged with ensuring that the panel is procedurally sound. The panel will consist of at least two individuals at coordinator level or higher, one of whom represents the program of the accused. If the allegation is a complaint by an instructor against a student, the VP of Instruction and one coordinator outside the program will be present, in addition to the appropriate program coordinator. The panel will also include two representatives from Student Services, one serving as the student’s advocate, and one impartial. Every effort will be made to convene the hearing panel in no fewer than five business days and no more than fifteen business days, unless agreed upon by both parties. In compliance with the Family Education Rights and Privacy Act (FERPA), the hearing panel shall be closed to the public. Only members of the panel, the accused, his/her advisor, the accuser, and his/her advisor will be admitted to the proceedings, except if the accused or accuser is under 18 years of age, in which case parents of the accused and accuser may be present, as well as a representative from respective high schools. Parents and high school representatives may not participate in the proceedings and are available only to ensure due process.
The hearing is not a court of law. Attorneys are not included as part of the hearing process, except when the violation is considered Sexual Misconduct and the attorney serves as advisor to the accused or the accuser. In either case, the advisor is there to advise the student but may not speak on the student’s behalf. The burden of proof rests on the institution to show, through preponderance of the evidence that the violation of the Code of Conduct did occur.
4.4.2 Prior to a formal hearing, unless prohibited by reasonable circumstances, each party shall provide to the hearing committee chair (or hearing committee officer) copies of the documents they intend to submit as evidence and a list of witnesses they intend to call during the normal hearing. This information will be shared with both parties.
4.4.3 The VP of Student Services will provide to each panel member and both parties a packet including, but not limited to:
4.4.3.1 The incident reports.
4.4.3.2 The VP’s findings from the initial meeting.
4.4.3.3 The accused’s response, if any.
4.4.3.4 Any supporting documentation for either party (statements from witnesses, etc.)
4.4.3.5 Copy of the pertinent policies.
4.4.3.6 Instructions for the Hearing Panel.
4.4.3.7 Other instructions or training material pertinent to ensuring due process, including standard of proof whereby students are presumed not to have engaged in a Code of Conduct violation until the College has established a violation by a preponderance of the evidence. These documents need only be in the packs of the panel members.
4.4.4 During the hearing, the VP of Human Resources shall review the rights and responsibilities of the accused, ensure due process, maintain procedure, maintain impartiality, and answer questions regarding policy interpretation. The VP of Human Resources shall also be responsible for documenting the hearing. While the hearing may be recorded, deliberations of the panel will not be recorded. The panel shall elect a Chair
4.4.4.1 The accused may have an advisor present. An impartial advisor will be offered by the VP of Student Services. The accused may choose to provide and bring their own advisor in lieu of the impartial advisor. In either case, the advisor is available to confer with the accursed by may not offer testimony. The impartial advisor is the liaison between both parties, so that neither party directly questions the other.
4.4.4.2 The accused may present his/her version of the event or behavior in question.
4.4.4.3 The accused may question the accuser regarding facts pertinent to the outcome of the hearing through their advisor.
4.4.4.4 The order of presentation shall be first, the accuser; second, the accused; third, closing statements of the accuser; last, closing statement of the accused. The panel may ask questions at any point in the discussion.
4.4.4.5 After both parties have been heard, they shall be excused while the hearing panel deliberates. Depending on the gravity of the case, the VP of Human Resources may excuse parties from campus or ask them to wait. The Chair shall be responsible for delivering the outcome to the student as soon as the panel has made a decision, either in person or on telephone. The Chair will then ensure that a Findings Letter is either hand delivered or sent through certified mail to the accused.
4.4.4.6 If the accused does not agree with the decision of the hearing panel, he/she may appeal to the College President. The President will review documents provided to the panel, and shall overturn the decision only if new facts are available that were not available at the time of the panel or there has been a breach in due process. The decision of the President is final.
4.4.5 Sanctions The College believes in assigning sanctions that are educational and developmental whenever possible. The VP of Student Services, the hearing panel, and the President may assign any of the sanctions listed or a combination of sanctions, or may write a sanction similar in gravity but more appropriately aligned with the violation in question, depending on the severity of the infraction and the conduct history of the accused. This list is intended to provide guidance for sanctioning and is not an exhaustive list.
4.4.5.1 Warning Letter – notification of the violation and the impact on the College community, as well as indication of how future incidents will be handled. This letter becomes a part of the student’s conduct record.
4.4.5.2 Service – the student may be asked to perform service that benefits the College community and is congruous with the resolution of the violation.
4.4.5.3 Suspension – the student may be removed from any or all College courses for a period of time that is reflective of the severity of the violation. Readmission may be conditional upon certain criteria that are in alignment with the violation
4.4.5.4 Dismissal – Permanent separation from the College may be recommended only by the VP of Student Services or the hearing panel to the President and requires approval of the President’s Executive Staff. Dismissal will be noted on the student’s transcript.
4.5 Procedures for Sexual Misconduct Violations: The US Department of Education requires specific institutional responses to allegations of sexual misconduct as defined in this document, as well as the TTECH Title IX Policy.
4.5.1 Reporting - TTECH encourages anyone victimized by sexual misconduct of any kind to report incidents so care and support can be offered. Additionally, this assists TTECH in required statistical reporting to the US Department of Education so we can provide accurate information to current and prospective students. An individual victimized by sexual misconduct is not required to report, but, if he or she chooses to do so, it is up to the person’s preference how it will be reported.
Except where protected by law (clergy, mental healthcare professional, or healthcare professional), third-parties may report allegations of sexual misconduct to the Vice Presidents of Human Resources or Student Services. The College will extend an invitation to those identified as potential victims to offer opportunities for care and support as well as to discuss the College’s processes for responding to such allegations.
The Departments Receiving Reports for the TTECH are:
Campus Security Officer 435-248-1859 Room 224
VP of Student Services 435-248-1840 Room 106
VP of Human Resources 435-248-1810 Room 212
Reports should include the following:
1. The name of the accused and/or a description
2. When and where the violation occurred, as well as any details that will help establish the circumstances surrounding the incident.
3. Witnesses and contact information, if available.
4. The victimized student’s description of desired outcomes or resolution.
Reports are classified by the type of information that can be shared and with whom.
Privileged Reports are those that cannot be disclosed to any other party except if there is a threat to self or others. These types of reports require written consent from the individual and are provided to:
1. Counselors (psychologists, psychiatrists, social works, etc.)
2. Healthcare providers (physicians, nurses, etc.)
3. Clergy (priests, bishops, ministers, etc.)
Limited Confidential Reports are those that are provided only to campus administrators charged with campus safety and investigating sexual misconduct violations. Any member of faculty, Student Services staff, or employee who supervises students who receives report of an incident is obligated to report to the Campus Facility Manager or VP of Student Services. Reporting individuals are bound by confidentiality.
Reports of sexual misconduct will not be reported to the family of the victimized student without the student’s consent, except when the student is under 18 years of age, or the student is considered a member of a vulnerable population (e.g., disabled, elderly, etc.), or when the student is receiving emergency care as a result of violence.
4.5.2 Confidentiality – The accuser has the right to confidentiality and may request that identifying information not be included in the report. Such a request may hinder investigation and limit the college’s ability to resolve the allegation. Every attempt will be made to observe the wishes and needs of the reporting individual and the victimized student.
4.5.3 Timely Notification – In compliance with federal regulation, reports of sexual misconduct will be evaluated to determine whether timely notification is appropriate. Campus security and college administration will determine the risk to the campus community, considering both safety of students, faculty, and staff, and privacy interests of involved parties, and issue an alert as appropriate. Names are not included in these reports.
4.5.4 Timeframe Limitations- The college encourages individuals who feel they have been victims of sexual misconduct to report violations in a timely manner in an effort to provide care and preserve evidence. However, there is no time limit for reporting.
4.5.5 College Response- The College will make every effort to protect those reporting sexual misconduct throughout the investigation. This may include restricting the accused from various parts of campus and/or contact with the individual reporting the incident and/or the alleged victim.
4.5.5.1 Reports can be made anonymously in writing and should include as much information about the alleged incident as possible, including date, time, and
place of alleged incident, parties involved (if known), and a description of the behavior that will assist in determining classification of the misconduct. These reports can be submitted to Campus Security or VP of Student Services. Anonymous reports will assist in required annual reporting and also provide data to determine necessary actions to protect campus.
4.5.5.1.1 The reporting individual may opt to withdraw the report of sexual misconduct by submitting a statement in writing to Campus Security or VP of Student Services. Campus Security of VP of Student Services may or may not opt to pursue an investigation of the complaint. The accuser is not obligate to participate in the investigation once he/she has withdrawn the report.
4.5.5.2 The college is obligate to investigate reports of sexual misconduct and to act according to policy as appropriate.
4.5.5.2.1 Reports of sexual misconduct will be investigated by the VP of Student Services and Campus Security. The accuser may also choose to report the incident to local law enforcement, or the accuser may choose to file changes with local law enforcement and not report to the college. Investigation may overlap, but will not be contingent, one upon the other.
4.5.5.2.2 Participants in the investigation, including accuser, accused, and witnesses, are notified of the investigation and expected to maintain strict confidentiality regarding all aspects of the allegation, investigation, and proceedings. Failure to maintain confidentiality will be considered a violation of the Student Code of Conduct and will be adjudicated accordingly.
4.5.5.2.3 Within five business days of the report, the accused will be notified in writing of the investigation. The notification will include:
4.5.5.2.3.1 A copy of the written report, sanitized of identifying information to protect the accuser and/or witnesses, as is appropriate;
4.5.5.2.3.2 Documentation that was submitted to substantiate the report;
4.5.5.2.3.3 Copies of relevant College policies;
4.5.5.2.3.4 A statement addressing retaliation;
4.5.5.2.3.5 Information about the accused’s right to respond in writing and provide documentation supporting his/her response within ten business days of receipt of the report (NOTE: This information will be shared with accuser);
4.5.5.2.3.6 Information regarding interim disciplinary action (suspension, restriction to certain areas of campus, restriction of contact with accuser, etc.) determined to be appropriate to ensure safety of accuser and/or College community.
4.5.5.2.4 Campus Security or VP of Student Services will compile a report of relevant information and determine whether disciplinary action is warranted.
4.6 Accuser Rights
4.6.1 Review and have explained all relevant policies and procedures.
4.6.2 Timely investigation of the allegations.
4.6.3 Have adjudication carried out in such a way that contact with the accused is avoided, including separation during hearing panels, interviews, etc., upon request.
4.6.4 Be accompanied by an advisor throughout the investigation and adjudication.
4.6.5 Participate or not participate in adjudication.
4.6.6 Not be asked questions that are not relevant to the incident, particularly regarding past personal conduct.
4.6.7 Challenge members of the hearing panel he/she believes will not be impartial.
4.6.8 Privacy in regard to educational and health records, in compliance with federal laws (Family Education Rights and Privacy Act and Health Insurance Portability and Accountability Act). I. Be notified of the outcome of adjudication.
4.6.9 Appeal the decision of the hearing panel, as prescribed in the Student Code of Conduct.
4.6.10 Withdrawal from classes or extension of classes with consideration for tuition refund given due to emergency circumstances.
4.7 Accused Rights
4.7.1 Review and have explained all relevant policies and procedures.
4.7.2 Timely investigation of the allegations.
4.7.3 Have adjudication carried out in such a way that contact with the accuser is avoided, including separation during hearing panels, interviews, etc., upon request.
4.7.4
4.7.5 Be accompanied by an advisor throughout the investigation and adjudication.
4.7.6 Remain silent throughout proceedings. However, remaining silent will not halt proceedings or prevent investigators from using other evidence and documentation to reach a conclusion.
4.7.7 Not be asked questions that are not relevant to the incident, particularly in regard to past personal conduct.
4.7.8 Challenge members of the hearing panel he/she believes will not be impartial.
4.7.9 Privacy in regard to educational and health records, in compliance with federal laws (Family Education Rights and Privacy Act and Health Insurance Portability and Accountability Act) unless the accused is found to be responsible for the behavior and notification is pertinent to the campus community.
4.7.10 Be notified of the outcome of adjudication.
4.7.11 Appeal the decision of the hearing panel, as prescribed in the Student Code of Conduct.
4.7.12 Withdrawal from classes or extension of classes with consideration for tuition refund given due to emergency circumstances.
4.8 Victim Advocacy and Protective Orders: Advocacy groups can assist individuals who feel they have been victimized in seeking protective orders and getting mental and emotional support. The resources listed below are local agencies where assistance can be sought for
protective orders, in emergencies, and for recovery. This list is not exhaustive. The College recommends that individuals seek assistance where and when necessary. Information about protective orders can also be found through Utah Legal Services at http://utahlegalservices.org or by calling 1-801-328-8891.
Pathways Survivor Advocacy Center – Pathways: 435-231-3557
https://svsutah.org/get-help-now/pathways-svs/
Tooele City Police Department: 435-882-8900 (911 Emergency)
323 N Main St, Tooele UT 84074
https://www.tooelecity.gov/services/police_department/index.php
Grantsville City Police Department: 435-884-6881 (911 Emergency)
429 E Main St, Grantsville UT 84029
https://www.grantsvilleut.gov/departments/police/index.php
Mountain West Medical Center: 435-843-3600
2055 N Main St, Tooele UT 84074