Minnesota State University Moorhead Student Judicial Services

Judicial Procedure

"Hear the case before you decide it."
- Alfred P. Murrah, (Chief Judge of the U.S. Court of Appeals for the Tenth Circuit and Director of the Federal Judicial Center)

The purpose of the student disciplinary process is to determine if a student has engaged in conduct which violates university policies. Disciplinary procedures have been established to guide the fair and uniform enforcement of the Student Code of Conduct. These procedures are applicable to any student or student organization charged with a violation of this code.

These disciplinary procedures are designed to allow for fact finding and decision making in the context of an educational community, and to encourage students to accept responsibility for their own actions. The intent is to provide adequate procedural safeguards to protect the rights of the individual student and the legitimate interests of the University.

Violation of the conduct code may either be handled within the department following defined and publicized procedures, referred to the office of the Vice President for Student Affairs, or directed to the University Judicial Officer. All Criminal activity will be reported to the proper authorities.

Report of Misconduct/Complaint Procedure
Any member of the University community may consider the University disciplinary process as an option. A person wishing to report an alleged violation shall notify the University Judicial Officer by completing and signing the complaint form at the office of the University Judicial Officer (“Forms” see link). The incident should be described in detail and include all relevant information.
Investigation and Informal Process
Following the filing of an accusation against a student, the person responsible for administering the code (in this policy, referred to as the Judicial Officer) shall conduct an investigation of the charges. If evidence shows that there is a reasonable basis for concurring a violation did occur, formal charges will be brought. If the accusation seems unwarranted, the administrator may dismiss the matter if there is no basis for the allegation(s) or the allegation(s) does not warrant disciplinary action.
Notice Of Charge
If, after a preliminary investigation of the misconduct, the University Judicial Officer believes that University policies may have been violated, the accused student will receive a written notice of the alleged violation. The notice must include the basis of the accusation, inform the accused student of the behavior that allegedly violates University policy, and inform the accused student of her/his responsibility to meet with the University Judicial Officer.
Preliminary Conference
The preliminary conference is the initial meeting with the accused student and the University Judicial Officer. The purpose of this informal administrative hearing is to:
- Discuss the conduct process and due process rights
- Review the alleged complaint
- Discuss relevant procedures

During the confidential meeting with the University Judicial Officer, the accused student will be notified of the evidence available and be informed of her/his rights and responsibilities, and offered assistance in prepared for the Student Conduct Hearing. The accused student will also be given a copy of the official procedures to be followed. The accused student is provided an opportunity to admit or deny the charges. If the student wishes to admit responsibilities for the conduct violation, the University Judicial Officer may assign sanctions at this time and no formal conduct hearing will be held. All serious offenses will be referred to the Student Conduct Committee for a formal hearing. The student always has the right to request and receive a hearing before the Student Conduct Committee.

If the Vice President for Student Affairs has determined that the accused student’s presence would pose a threat to University persons or property, and has suspended the student, the accused student will be granted a hearing before the Student Conduct Committee or the Judicial Officer nine working days following the suspension. See Summary Suspension (Student Conduct Code, www.mnstate.edu/sthandbook/.

Due Process Right (see also, “Standards of Due Process” Student Conduct Code)
The student charged has the following rights at a hearing: (1) to present his or her side if the story; (2) to present witnesses and evidence on her/his behalf; (3) to cross-examine witnesses presenting evidence against the student. Prior to the hearing, the student has the right to examine her/his disciplinary file. The student has a right to know, upon request, which written documents or other physical evidence in the disciplinary file that the University representative plans to present at the hearing. To examine the disciplinary file or learn what documents will be presented at the hearing, the student must make the request at least two (2) class days before the hearing is scheduled to take place.
Student Conduct Committee
The Student Conduct Committee, consisting of a membership of eight students, shall conduct the hearings regarding serious charges of violations of University policy brought against students or referred to them by the Vice President for Student Affairs or the University Judicial Officer. A majority of the quorum will be required for a conduct hearing. The University Judicial Officer is an ex-officio member (non-voting). The Judicial Officer is responsible to maintain the integrity and equitable application of the Student Conduct Code.
Disqualification
A member of the Student Conduct Committee shall disqualify her/him self if her/he feels that, in reaching a decision as to whether or not an accused student has committed an act of misconduct, her/he cannot act on the weight of the evidence without bias or prejudice. If a student member of the Student Conduct Committee disqualifies her/him self, the student chair or designee will appoint an alternate. Each party has a right to challenge any member of the board on the grounds of prejudice or conflict of interest.
Closed Hearings
All hearings will be closed to the public. A closed hearing preserves the confidential nature of the disciplinary process, and further protects the privacy of all parties. The University Judicial Officer may determine what a reasonable number of witnesses is and elect to exclude persons who are to appear as witnesses. Exceptions may be made, in writing, to the Vice President of Student Affairs.
Who may attend
Only members of the Student Conduct Committee, the plaintiff, the accused student, her/his advocate or advisor, and the University Judicial Officer may attend the closed hearings. A majority quorum of Student Conduct Committee members must be present to hold a hearing. Witnesses may be present only when giving testimony. Unless specifically requested, and approved by the Vice President of Student Affairs, the use of an attorney shall be limited to students who have criminal or civil charges pending in addition to pending Code of Conduct violation(s). If an attorney represents the accused student, the University reserves the right to have an attorney present at the hearing. Unknown witnesses are specifically prohibited from attending any portion of the hearing.
Evidence
At the hearing, the accused student and the University Judicial Officer shall present to the Conduct Committee any evidence, oral or written, that might shed light on the facts and circumstances surrounding the case.
Witnesses and testimony need to be presented at the hearing if a party wants testimony to be considered by the Conduct Committee. When a witness cannot be present at the hearing, a written statement from the absent witness can be presented signed and notarized statements are preferred.
Advisor/Advocate
The complaint or accused student has the right to have an advocate (or advisor) present at the hearing; however, the advocate/advisor cannot speak for her/him at the hearing or cross-examine witnesses. The advocate/advisor may advise and assist in the preparation of the case, but may not participate directly in the process. Advisors are not allowed to ask questions, make comments, raise objections, or challenge the conduct proceedings during a hearing.
Failure to Appear
If the accused student fails to appear before the Student Conduct Committee on the date and at the time and place specified for the hearing, the Student Conduct Committee may take the testimony from written statements and witnesses, and evidence from the University Judicial Officer to reach a decision on the basis of that evidence. Declining to appear at the hearing will not be interpreted as evidence of guilt. At the request of the complainant, and on behalf of the University, the designated representative may present the charges and evidence. The process will still go forward and the Judicial Officer will attempt to set hearing times and dates that are mutually acceptable to the parties. If the accused student is unable to appear before the Student Conduct Committee on the date specified in the notice, she/he should notify the Chair of the Student Conduct Committee or the Judicial Officer of the reasons that prevent her/his attendance as scheduled. If the Student Conduct Committee determines that good cause exists for the party not appearing at the hearing when scheduled, they shall work with all parties to set a new date for the hearing.
The Conduct Hearing
All Conduct hearings will be audio taped. Copies of the tapes may be obtained by written request. Students may be billed for the cost of the tape. The Student Conduct Committee is prescribed over by the student chair of the Student Conduct Committee, or in her/his absence, the vice chair. Members of the committee elect the chair and vice chair. The chair is in charge of the hearing and is responsible for maintaining an atmosphere of civility and respect. The chair shall exercise control over the conduct of all persons participating in the hearing and direct the initial questioning to developing the facts and evidence necessary to enable the Student Conduct Committee to make a decision as to whether or not a violation has occurred. In so doing, the chair may exclude irrelevant, immaterial, redundant, inflammatory or discriminatory evidences.
Format for Hearings
1. Statement of Hearing Procedures
2. Introduction of committee members, complainant and defendant
3. Reading of charges
4. Presentation of evidence against the defendant (respondent) including witnesses
5. Cross examination by defendant
6. Presentation of evidence in defense of defendant (respondent) including witnesses
7. Cross examination by complainant
8. Questioning of witnesses by Student Conduct Board
9. Dismissal of Witnesses
10. Final questions and closing statements
11. Review of appeal process
12. Dismissal of complainant and respondent
13. Deliberation by Student Conduct Committee (closed session)
Deliberations/Recommendations
Only members of the hearing panel may be present during deliberations. A simple majority of votes is necessary to make a recommendation that a Code of Conduct violation more than likely occurred (a preponderance of evidence).

Recommendations, including the decision and rationale and recommended sanctions shall be made to the Vice President for Student Affairs. The decision and sanctions will be explained in writing to the violating student and questions arising from the decision will be explained by the University Judicial Officer. A copy of the recommendations, including findings and conclusions, will be furnished to the violating student, along with an explanation of the appeal process.

Policy and Procedures for Appeals
Regardless of the disposition of the case, the complainant or the respondent has the right to appeal in writing to the Vice President of Student Affairs within six (6) school days after the date of the receipt of notification of sanction. Dissatisfaction with the judicial decision or sanction is not grounds, in itself, for an appeal.
In general, an appeal must be based on error committed during the investigation and/or hearing process that had a substantial effect on the outcome of the case. The right of appeal does not guaranteed a full rehearing of the entire case. Rather, the Vice President shall limit his/her review of the Student Conduct Committee’s record to the following grounds:

1)      New evidence not reasonably available at the time of the hearing

2)      Inconsistency of the sanction relative to the severity of the violating behavior

3)      Violation of due process rights or hearing procedures

Possible appeal outcomes include: upholding the sanction; decreasing or increasing the sanction; or referring the case back for a rehearing.

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Last Update Date: 10/20/03