 |
Student Conduct Code
Introduction
The 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
- 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.
- 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.
- 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.
- 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.
- 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.
- Student Policies.
The policies of the college or
university regarding student expectations, rights and
responsibilities shall be readily accessible to students.
- 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.
- 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.
- 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.
- 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.
- 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:
- Be
informed, in writing, of the charges against them with
sufficient time to insure an opportunity to prepare for a
hearing.
-
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.
-
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.
-
Present information on their own behalf, including oral and
written statements, physical exhibits, and witnesses.
-
Request the testimony of any member of the University
community who has direct knowledge of the incident.
- Hear
all information presented and to question all people who
appear before the Student Conduct Committee.
- Be
advised by an advisor or attorney for consultation purposes
during the hearing. Advisors may not speak or participate in
the process.
- An
opportunity to challenge the objectivity of the hearing
officers or judicial panel members.
-
Confidentiality as provided by the Family Education Rights
and Privacy Act (FERPA)
- 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:
- an advocate present during the hearing
process;
- a timely hearing;
- question material witnesses and/or
information;
- 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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
Disruptive Demonstration
Participation in a campus
demonstration which disrupts the normal operations of the
University and infringes on the rights of other members of the
University community; leading or inciting others to disrupt
scheduled and/or normal activities within any campus building or
area; intentional obstruction which unreasonably interferes with
freedom of movement, either pedestrian or vehicular, on campus.
-
False Complaint
Filing a complaint falsely
accusing another student with violating a provision of this code or
falsely accusing a University employee of misconduct. Also includes
making any intentional false claim, charge, or statement against any
member of the University community to harass, defame, or intimidate
that individual.
-
Falsification of Records/Representation
Forgery, alteration of, (i.e.
parking permit parking ticket, etc.), or unauthorized use of any
University document or instrument of identification. Falsely
claiming to represent the University or a student organization
of the University.
-
Fire/Arson
Starting a fire or attempting to
start a fire. Intentionally or recklessly activating a fire alarm
without cause; damaging fire safety equipment or initiating a false
report, warning or threat of fire, explosion or other emergency on
University premises.
-
Gambling
Gambling for money or other
things of value on campus or at University sponsored activities
excepts as permitted by law.
-
Hazing
An act which endangers the mental or
physical health or safety of a person, subjects a person to public
humiliation or ridicule, or which destroys or removes public or
private property for the purpose of initiation, admission into,
affiliation with, or as a condition for continued membership in a
student group, organization, or athletic team. Such activities and
situations include, but are not limited to:
-
Sleep deprivation or causing excessive fatigue;
- Engaging in public
stunts, jokes or degrading games and activities;
- Compelled ingestion
of any substance;
- Forced servitude;
- Paddling in any
form;
- Forced tattooing or
branding;
- Late night
activities that interfere with academic and occupational
activities.
The express or implied consent of
the victim to any activity covered by the foregoing definition does
not validate or excuse the activity.
-
Interfering with Judicial Procedures
Interfering with judicial
procedures or outcomes includes but is not limited to:
falsification, distortion or misrepresentation of information
before a hearing officer or judicial board; knowingly
instituting a complaint without cause; harassment and/or
intimidation of any member of the judicial board or University
personnel before, during or after a proceeding; or failure to
comply with sanctions imposed by a hearing officer or the
judicial board.
-
Laws & Ordinances
Violation of local ordinances,
federal or state law on University premises or at University
sponsored or supervised activities, the said violation poses a
substantial threat to the safety and/or welfare of campus community
members.
-
Official Compliance
Failure to comply with the
directions of University officials including, but not limited
to, campus security, residence hall staff, faculty or
administrators acting in the performance of their duties;
failure to present identification upon request to University
personnel in the performance of their duties. Failure to
complete a specified student conduct sanction or violating the
terms of a disciplinary probation.
-
Physical Harm & Threat
Intentionally, recklessly, or
negligently causing physical harm or threatening to cause harm, to
any person on University property or at University sponsored
activities. This includes but is not limited to assault, battery or
any form of fighting.
-
Harassment & Sexual Harassment
Students are prohibited from
harassing any other person by making repeated and/or unwelcome
sex-related comments, sexual overtures, verbal threats, or
physical behavior. (See also Non-discrimination,
harassment/violence policies.) All alleged complaints will
follow MnSCU 1B.1.
-
Sexual Violence
Sexual misconduct is non-consensual
physical contact of a sexual nature including but not limited to
sexual physical abuse, rape, acquaintance rape, or any other form of
sexual assault. Consent in a sexual relationship must be clear,
spoken, and mutual. Consent can never be assumed and is never
present when one is incapacitated by alcohol or drugs. (See also:
MSUM Sexual Violence Policy & Procedure at:
www.mnstate.edu/security/SexualViolencePolicy.pdf)
-
Skateboarding, In-line skates, and Bicycles
Skateboards, In-line skates and
bicycles are prohibited inside University buildings.
-
Stalking
Stalking is defined as engaging in
intentional conduct in a manner that would cause a reasonable person
under the circumstances to feel oppressed, persecuted, or
intimidated. (In some instances, stalking can be considered a gross
misdemeanor.)
-
Vandalism, Defacement & Damage to
Property
Intentionally taking, attempting
to take or unauthorized borrowing, damaging or destroying
property belonging to the University (on- and off- campus), a
visitor of the University or a member of the University
community.
-
Theft, Fraud and Deception
To obtain, without, or exercise control over a property as a
result of deception and with intent to deprive the other person
of property. These actions may include, but are not limited to,
receiving money or property by making false promises, fictional
excuses, or coercion to intimidate and influence another person.
This also includes identity theft, fraud and wrongful sale of
another's property or knowingly possessing or using stolen
property.
-
Unauthorized Use of University Property
Unauthorized presence in or use of
University premises, facilities or property (i.e., telephone,
computer or mail system which includes but is not limited to an
unauthorized presence in any University building), including the
unauthorized use of the University’s name, logo, initials,
trademarks or other University identified imagery.
-
Psychological/Emotional Abuse
Psychological/ emotional abuse,
intimidation, harassment or stalking of a member of the
University community or through other persons or use of
electronic or other communication devices such as video,
computers or telephone. Includes, but is not limited to language
or actions which are uncivil, disruptive or abusive. (See also:
“stalking”, “hazing” and “sexual harassment” violations.)
Campus Discipline & Alcohol/Drug Violations
Students believed to have
violated any of the above laws or regulations regarding alcohol
will be held accountable for that behavior. If you choose to
violate any of these standards, you should be aware that being
under the influence of alcohol will not excuse any action nor
mitigate any degree of accountability for the behaviors which
may result from your intoxication.
-
Unlawful Use or Possession of weapons firearms
See also: Weapons Policy under University Policies.
The possession of any weapon or instrument used in such a manner
as to threaten or inflict injury to another person is prohibited
on campus. “Weapon” is broadly defined to include but is not
limited to: explosives, explosive fuels, dangerous chemicals,
billy clubs, bows, fireworks, dangerous knives, and guns.
Minnesota law states weapon is defined as “an object used in the
manner it was not intended to be used.”
Disciplinary Sanctions
Disciplinary Sanctions
A sanction is a consequence placed upon a student for violation
of specified University rule and/ or regulation, including a notice
that further violations may lead to more severe disciplinary
sanctions. Failure to complete a specified sanction will be
considered an additional violation under “Official Compliance.” In
recommending a conduct sanctions for student misconduct, the conduct
committee or hearing officer will consider:
- facts of
the case as presented by the accuser(s) and the accused.
- existence
of any physical information or testimony of material witnesses.
- type and
severity of the offense.
- previous
incidents of misconduct committed by the individual(s) accused.
One or more sanctions will be selected from
the following list, based on the criteria listed above.
-
No Action
If the charges prove to be
unfounded, no action will be taken against the accused.
-
Restitution
Required services, payment or reimbursement of funds to the
University or to other persons, groups, or organizations for
damages incurred.
-
Confiscation
Goods used or possessed in
violation of University rules and regulations, including
falsified information or identification will be confiscated.
-
Restricted Access to University Facilities
A student or other person(s) may
be removed from and/or have access restricted to specified
campus facilities, including relocation in or removal from the
residence hall system.
-
Loss of Privileges
A student may be denied the right
to privileges and services of the University.
-
Education
Mandatory educational activities
such as workshops and writing assignments.
-
Community/Campus Service
Assigned volunteer hours
on-campus or in the community.
-
Participation in a Specific Program
A student may be required to
participate in a specific program(s), such as a counseling
program, community service, an alcohol education program, an
educational class, or other program participation as assigned.
Failure to participate as directed may result in the imposition
of additional sanctions, including suspension or expulsion.
-
Reprimand & Warning (Oral or Written)
A student may be given a written
or oral reprimand and/or a written or oral warning. Inherent in
this sanction is the risk of additional penalties to be assigned
if further misconduct occurs.
-
Disciplinary Probation
A specified period of review
during which the student must demonstrate the ability to comply
with University rules and regulations, and any other sanctions
as outlined above and/or conditions which have been imposed in
writing. The specific terms of the probation will be determined
on a case by case basis. Notification may be given to other
University officials as necessary. Further misconduct may result
in additional penalties to be assigned.
-
Suspension
Denial of the privilege of
enrollment for a specified period of time after which the
student is eligible to return. Conditions for re-admission may
be specified.
-
Summary Suspension
A student may be temporarily
suspended, pending a hearing, when the student’s actions or
threat of action indicated a serious threat to the welfare and
safety of persons or property.
-
Expulsion
Permanent denial of the privilege
of enrollment at the University. The student must leave
University housing and cease all use of University owned
buildings and properties within two days after the expulsion is
imposed.
-
Voluntary Withdrawal
In some circumstances, based on
mutual agreement, the student may be allowed to withdraw on a
voluntary basis. Conditions may be imposed concerning the period
of time after which the student may petition for reentry, and/or
for other conditions to be met prior to application for reentry.
A meeting will be required with the Vice President for Student
Affairs or the Vice President’s designee prior to the student’s
application for readmission.
-
Non-enrolled Students
Students who are not currently
enrolled in the University remain subject to disciplinary action
upon re-enrollment for conduct that occurred during any period
of attendance. A withdrawal which is not based on mutual
agreement does not permit the student to evade responsibility
for the misconduct upon return.
-
Enrollment Hold
If a student fails to respond to
a request to meet to discuss an alleged instance of student
misconduct, or if the student fails to comply with condition and
sanctions assigned as a result of the conduct, a hold may be
placed on the student’s ability to re-register or the student’s
current enrollment may be cancelled. Notification may be given
to other University officials as necessary.
Disciplinary Records
Disciplinary records regarding student’s conduct are kept separate
from other academic records. Information from disciplinary files are
not available to unauthorized persons without the express consent of
the student involved except under legal compulsion or in cases where
the safety or persons or property is involved. Records will be
destroyed after a period of five years.
Accessibility to disciplinary records is
limited. A student may have access to his/her disciplinary records
at any time provided that he/ she can properly identify him/ herself
and provided that the record is not removed from the office.
The results of any disciplinary action by the
University and the results of any appeal may be disclosed to an
alleged victim in any crime of violence.
Records may be released on a “need to know”
basis to faculty, administrative staff, and other authorized
employees of the University. Determination of “need to know” will be
made by the Vice President for Student Affairs or the University
Judicial Officer. Information from records may be released to other
agencies and individuals when the student signs for release of
information. The information released is restricted to that which
applies to the explained purpose of the request. See also Student
Records (FERPA).
www.mnstate.edu/records/ferpa_info/
Policy & Procedure 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 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:
-
New evidence not
reasonably available at the time of the hearing
-
Inconsistency of
the sanction relative to the severity of the violating behavior
-
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.
Summary Suspension
In certain circumstances, a University administrator may impose a
summary suspension prior to the informal or formal proceedings
described in the previous articles. A summary suspension may be
imposed only when, in the judgment of the administrator, the accused
student’s presence on the college or university campus would
constitute a threat to the safety and well-being of members of the
campus community. Before implementing the summary suspension, the
accused student shall be given oral or written notice of the
intention to impose the summary suspension and shall be given an
opportunity to present oral or written arguments against the
imposition of the suspension. Notice of the intention to impose the
summary suspension shall be provided in writing to the student.
After the student has been summarily suspended, the student shall be
provided an opportunity for a formal or informal hearing within the
shortest reasonable time period, not to exceed nine days. During the
summary suspension, the student may not enter the campus without
obtaining prior permission from the administrator.
Appeal for Suspension
Students are provided an avenue of appeal (See policy and
procedures for appeal). In addition, cases involving sanctions of
suspension for 10 days or longer, students shall be informed of
their right to a Minnesota Statute “Chapter 14” hearing by the
Minnesota State Hearing Examiners Officer (only for suspension of 10
days or longer or expulsion).
Additional Information
For additional information regarding discipline process or procedures,
contact the Associate Director of Student Support Services, Minnesota
State University Moorhead, Box 125, 1104 7th Ave S, Moorhead MN 56563.
218.477.2174.
|