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

  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.
     
  5. 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.
     
  6. 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.
     
  7. 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.
     
  8. 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.
     
  9. Gambling
    Gambling for money or other things of value on campus or at University sponsored activities excepts as permitted by law.
     
  10. 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:
     
    1. Sleep deprivation or causing excessive fatigue;
    2. Engaging in public stunts, jokes or degrading games and activities;
    3. Compelled ingestion of any substance;
    4. Forced servitude;
    5. Paddling in any form;
    6. Forced tattooing or branding;
    7. 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.
     

  11. 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.
     
  12. 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.
     
  13. 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.
     
  14. 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.
     
  15. 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.
     
  16. 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)
     
  17. Skateboarding, In-line skates, and Bicycles
    Skateboards, In-line skates and bicycles are prohibited inside University buildings.
     
  18. 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.)
     
  19. 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.
     
  20. 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.
     
  21. 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.
     
  22. 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.

     
  23. 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:

  1. facts of the case as presented by the accuser(s) and the accused.
     
  2. existence of any physical information or testimony of material witnesses.
     
  3. type and severity of the offense.
     
  4. 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.

  1. No Action
    If the charges prove to be unfounded, no action will be taken against the accused.
     
  2. Restitution
    Required services, payment or reimbursement of funds to the University or to other persons, groups, or organizations for damages incurred.
     
  3. Confiscation
    Goods used or possessed in violation of University rules and regulations, including falsified information or identification will be confiscated.
     
  4. 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.
     
  5. Loss of Privileges
    A student may be denied the right to privileges and services of the University.
     
  6. Education
    Mandatory educational activities such as workshops and writing assignments.
     
  7. Community/Campus Service
    Assigned volunteer hours on-campus or in the community.
     
  8. 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.
     
  9. 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.
     
  10. 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.
     
  11. 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.
     
  12. 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.
     
  13. 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.
     
  14. 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.
     
  15. 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.
     
  16. 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:

  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.

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.

 

 

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