Student Support Services
Student Judicial Services

Student Conduct Code


IntroductionThe following student discipline policy is developed to encourage student success.


Violations of this policy are addressed from an educational perspective. Students are expected to be familiar with university policies related to student behavior on or off campus. Through involvement in the conduct process, students have an opportunity to learn new ways of resolving conflicts and relating to others. In all conduct proceedings it is recognized that MSUM is an educational institution and not a court of law. MSUM standards of conduct are published here as the Code of Conduct. This code does not replace or reduce the requirements of civil or criminal laws. Members of the University community also have responsibilities as citizens. Violations that constitute crimes and the annual crime report can be found at: www.mnstate.edu/security/annualcrime.cfm.


  • Each student is responsible for knowing and adhering to the prescribed community standards.
     
  • Being under the influence of alcohol and/or other drugs does not in any way excuse or mitigate responsibility for a student’s behavior. The excessive, illegal, unprescribed or otherwise socially irresponsible use of alcohol or other drugs infringes upon one’s ability to preserve personal integrity and civility.
     
  • Disciplinary action is cumulative resulting in more serious consequences if the student engages in repeat violations or fails to follow through with sanctions from a previous hearing.
     

Jurisdiction
University community members violating civil or criminal law may be subject to University conduct procedures for the same conduct when the conduct occurs on campus or when it occurs off campus. The University may initiate Student Conduct action at its discretion. Notwithstanding any provision herein, the University may suspend, expel, or evict any student whose presence poses a threat to persons or property.

During vacation periods, summer or under special circumstances, the University Judicial Officer will act in place of the Student Conduct Committee and this officer will hear the case in accordance with the judicial procedures and will recommend to the Vice President of Student Affairs the appropriate action.

Residence Hall Students
Removal from a residence hall for disciplinary reasons may result in additional University sanctions. Residence hall students are responsible for the behavior of all guests/visitors. (See the Residence Hall Handbook, www.mnstate.edu/housing/residenthandbook.htm)

Off-Campus Students
Off-campus students are considered members of the University community, and are expected to behave responsibly. The University reserves the right to adjudicate off-campus offenses that involve MSUM student(s) and violations of the Student Alcohol and Other Drug Policy and the Student Code of Conduct. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings. Students who violate a local ordinance or any law risk the legal penalties prescribed by civil or criminal authorities.

Non-Students
Disruptive non-students will be asked to leave the campus. If they refuse to leave campus they may be cited for trespassing. Children of students are welcome on campus at appropriate activities and college events under the supervision of an adult. College employees should not be asked to supervise children.

Student Groups & Organizations
A position of leadership in a student group or organization entails responsibility for being knowledgeable of the conduct rules and conveying them to the membership. (See also: Student Organization Handbook, www.mnstate.edu/osa) A student group or organization and its officers may be held collectively or individually responsible when violations of this code occur. Recognized student organizations must abide by the MSUM alcohol and other drug policy.

Online Communication
Students are encouraged to become actively engaged in the University community.  Social networking websites, e.g. Facebook, MySpace, and Xanga provide additional means for students to connect with one another.  Communication on these sites is considered a public forum and can be viewed by anyone.  To support personal safety and guard against identity theft, students are cautioned against including class schedules, birthdates, cell phone numbers, and addresses on their profiles.  While the University does not monitor such sites, suspected violations of law or University policy online may be submitted to campus officials and police for investigation and use as evidence in a disciplinary proceeding.

Rights & Responsibilities MnSCU 3.1 www.mnscu.edu/board/policy/301.html

  1. Freedom to Learn.
    In addition to the basic constitutional rights enjoyed by all citizens, students in colleges and universities have specific rights related to academic freedom and their status as students. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students are expected to exercise their freedom with responsibility.
     
  2. Freedom of Expression.
    Individual students and student organizations shall be free to examine and to discuss all questions of interest to them and to express opinions publicly and privately. They shall be free to support causes by orderly means that do not substantially disrupt the regular and essential operation of the institution. Students shall be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they are enrolled.
     
  3. Freedom of Association.
    Students shall be free to organize and join organizations to promote their common and lawful interests, subject to institutional policies or regulations. Registration or recognition may be withheld or withdrawn from organizations that violate institutional regulations.
     
  4. Student-Sponsored Forums.
    Students shall have the right to assemble, to select speakers, and to discuss issues of their choice. The college or university shall establish reasonable time, place and manner restrictions to assure that the assembly does not substantially disrupt the work of the institution or does not interfere with the opportunity of other students to obtain an education or otherwise infringe upon the rights of others. Such regulations shall not be used as a means of censorship. The president or designee may prohibit any forum when there is a likelihood of harm to individuals or damage to property if the event is held. Prior to any such prohibition, the president shall make his or her best effort to consult with the student association.
     
  5. Student Publications.
    Student-funded publications shall be free of censorship and advance approval of copy, and their editors and managers shall be free to develop their own editorial and news coverage policies. Editors and managers of student publications shall be protected from arbitrary suspension and removal because of student, faculty, administrative, or public disapproval of editorial policy or content. The student fee allocation process shall not be used as a means of editorial control of student-funded publications. All student publications shall explicitly state on the editorial page that the opinions there expressed are not necessarily those of the college, university, system, or student body.
     
  6. Student Policies.
    The policies of the college or university regarding student expectations, rights and responsibilities shall be readily accessible to students.
     
  7. Catalog and Course Information.
    To the extent possible, students shall be provided relevant and accurate information regarding courses prior to enrollment. Catalog descriptions and website postings shall be accurate and based on information existing at the time of publication. To the extent possible, class schedules shall list the names of faculty teaching courses.
     
  8. Student Academic Standing Information.
    Students shall have access to accurate information for establishing and maintaining acceptable academic standing, information which will enable students to determine their individual academic standing, and information regarding graduation requirements.
     
  9. Academic Evaluation.
    Student academic performance shall be evaluated solely on the basis of academic standards, including any requirements that are noted in the catalog, course syllabus, or student handbook. Students shall have protection against prejudiced or capricious evaluation and shall not be evaluated on the basis of opinions or conduct in matters unrelated to academic standards. Students shall have the right to review their corrected examinations or other required assignments used by the faculty in evaluating the student's academic performance.
     
  10. Property Rights.
    Term papers, essays, projects, works of art, and similar property including property in which the student has intellectual property rights pursuant to Board Policy 3.26 shall be returned to a student upon request, within a reasonable timeframe, when no longer needed for evaluation purposes, unless the student grants written permission for them to be retained.
     
  11. Student Review and Consultation.
    Students shall have the right to appropriate levels of participation in college and university decision-making pursuant to Policy 2.3 and Procedure 2.3.1, Student Involvement in Decision-Making.

    Student Responsibilities
    The University views the student conduct process as a learning experience that can result in growth and personal understanding of one’s responsibilities and privileges within the University community. Therefore, it is the responsibility of the student who has been accused of misconduct to participate conscientiously in the discipline process. Students are responsible for becoming familiar with university policies and procedures. Failure to be informed does not excuse misconduct.

Judicial Procedure. www.mnstate.edu/sss/sjs/judicialprocedure.htm

Investigation & Informal Process
Any member of the University community may file a written complaint alleging that a student has violated Student Conduct Code. Following the filing of a complaint against a student, the University Judicial Officer shall conduct an investigation of the charges. If the complaint seems unwarranted, the Judicial Officer may discontinue proceedings. If there is sufficient evidence to support the complaint, the Judicial Officer will send a  notice that includes the basis of the accusation, the behavior that allegedly violates University policy. The office will inform the accused student of his or her responsibility to meet with the University Judicial Officer, and offer the accused student an opportunity to resolve the violation at a preliminary conference. At this meeting the student will be given written notice of the specific charges against him or her and of the evidence available to support the charge. If a mutually acceptable resolution cannot be reached during this informal meeting, including any applicable sanctions, the case shall be referred to the Student Conduct Committee for a formal hearing. Cases involving serious violations of the conduct code are referred to the formal hearing process.

Formal Hearings & Due Process
The Student Conduct Committee, selected by the Student Senate, conducts hearings regarding serious charges brought against students or referred to by the Vice President of Student Affairs or the University Judicial Officer.

Students referred for a formal hearing shall be given adequate advance notice of the time, place, and date of the hearing. A student’s failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled.

Within a reasonable time prior to the hearing, the student will be informed in writing of: 1) the complaint, 2) the evidence to be presented against him or her, 3) a list of witnesses and the nature of their testimony.

The student will be given the opportunity to speak in his or her own defense and to question any witnesses and may have an advisor present. The advisor may provide advice to the student, but may not participate in any questioning. When there is the likelihood that a student involved in conduct proceedings will face criminal prosecution for a serious offense, it may be advisable that a student may have an attorney as the advisor.

A written notice of findings and conclusions including sanctions, if any, will be provided to the student within a reasonable time after the hearing.

During vacation periods, summer or under special circumstances, the University Judicial Officer will act in place of the Student Conduct Committee and will hear the case in accordance with the judicial procedures and will recommend to the Vice President of Student Affairs the appropriate action.

A complete copy of judicial procedure for conduct cases can be obtained at www.mnstate.edu/sss/sjs or from the Associate Director of Student Support Services, CMU 222, 2174.

Due Process Rights
The University is committed to protecting students’ right to due process. Students who are alleged to have violated University policies have the right to a fair, objective hearing. Students who have been referred to the student conduct committee for a formal hearing have the right to:

  1. Be informed, in writing, of the charges against them with sufficient time to insure an opportunity to prepare for a hearing.
     
  2. Decline to make self-incriminating statements or to participate in a hearing. Such actions will not be interpreted as evidence of responsibility, but the process and the hearing will still go forward and a decision made on evidence available.
     
  3. Decline to appear at the hearing, which will not be seen as evidence of responsibility, with the understanding that the process and the hearing will still go forward. The Judicial Officer will attempt to set hearing times and dates that are mutually acceptable to the parties.
     
  4. Present information on their own behalf, including oral and written statements, physical exhibits, and witnesses.
     
  5. Request the testimony of any member of the University community who has direct knowledge of the incident.
     
  6. Hear all information presented and to question all people who appear before the Student Conduct Committee.
     
  7. Be advised by an advisor or attorney for consultation purposes during the hearing. Advisors may not speak or participate in the process.
     
  8. An opportunity to challenge the objectivity of the hearing officers or judicial panel members.
     
  9. Confidentiality as provided by the Family Education Rights and Privacy Act (FERPA)
     
  10. Have a recording made of the hearing.

See also: Rights of a Student or Employee who files a complaint on Sexual violence.

Complainant/Victim Rights
The University expects students will report alleged student code violations. In order to encourage reporting, the University insures the complainant and/or victim has the right to:

  1. an advocate present during the hearing process;
     
  2. a timely hearing;
     
  3. question material witnesses and/or information;
     
  4. In the event that the case involves criminal sexual behavior, the victim has the right to have her or his past sexual history kept private. The victim may prepare a victim impact statement for submission to the judicial panel or hearing officer if a code violation has been found to have occurred.

Violations

Campus Discipline & Alcohol Violations
For any offense that is motivated by bias, the sanction imposed may be “enhanced” or made more severe. An offense motivated by bias is any offense wherein the accused intentionally selects the alleged victim because of the alleged victim’s race, creed, disability, color, religion, national origin, gender, age, marital status, sexual orientation, public assistance status, or inclusion in any group or class protected by state or federal law. By formulating a general code of conduct, the University does not absolve the students from accepting responsibility for their behavior. Rather, it reaffirms the principle of student freedom that is coupled with an acceptance of full responsibility for individual action and the consequences of such action. The following is a list of prohibited conduct.

  1. Academic Integrity
    Failure to show integrity in meeting academic obligations includes but is not limited to cheating, plagiarism, and the unauthorized use of materials prepared by another person. (See also: Academic Honesty Policy and Grade Appeal Policy.) The term “cheating” includes, but is not limited to:
     
    • engaging in academic fraud alone or with others.
    • computer fraud or unauthorized access.
    • illicit attempts to influence grading.
    • failing to abide by test-taking procedures.
    • signing the class attendance roster for an absent student.
    • deceiving the instructor by falsely claiming attendance or participation in a class project or activity.
    • falsifying, fabricating, destroying, altering, or otherwise tampering with academic records or research results.
    • impersonating another student, either in examination or other class meetings.

    The term "plagiarism" includes, but is not limited to:

    • the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgement; or
    • the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
    • use of any unauthorized assistance in taking quizzes, tests, or examinations.
    • dependence upon the aid of sources (beyond those authorized by the instructor) in writing papers, preparing reports, solving problems, or carrying out other assignments; or
    • the acquisition, without permission, of tests or other academic material belonging to a member of the University faculty or staff.
    • the advertisement, solicitation, or sale of term papers or research papers.
    • submitting course assignments that are not your own.
    • submitting the same paper in different classes without prior approval from both instructors.
    • downloading material off the Internet without prior approval from both instructors.
    • downloading material off the Internet without proper citation.
    • obtaining academic benefits through inappropriate application of technology.
  1. Computer Misuse
    Theft or other abuse of computer hardware, or software, including but not limited to:

    a. Unauthorized entry into a file, to use, read or change the contents, or for any other purpose.

    b. Unauthorized transfer of a file.

    c. Unauthorized use of another individual’s identification and password.

    d. Use of computing facilities to interfere with the work of another student, faculty member, or University official.

    e. Use of computing facilities to send obscene or abusive messages.

    f. Use of computing facilities to interfere with normal operation of the University computing system.

    g. Theft or damage to computer equipment, software, electronic mail, or computer process.

    The entire MSUM Computer and Network Use Guidelines are available at: www.mnstate.edu/it/policy/computer_policies.htm.
     
  2. Complicity in Prohibited acts
    Knowingly, recklessly, or willfully encouraging or assisting others to commit such acts are prohibited by this code and may be sanctioned to the same extent as if one has committed the violation.
     
  3. Disruption of Operations of the University
    Unreasonably interfering or preventing the regular and essential operation of the University, which includes but is not limited to: studying, teaching, research, programs, services, and the administration of fire, police or emergency services.
     
  4. Disruptive Behavior
    Disruptive student behavior in the classroom is defined as behavior which interrupts, obstructs, or inhibits the teaching and learning processes. The faculty member determines what is disruptive. Disruptive behavior may take many forms: persistent questioning, incoherent comments, verbal attacks, unrecognized speaking out, incessant arguing, intimidating language, and inappropriate gestures.
     
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