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, a written
notice will be sent that will include the basis of the complaint,
the behavior that allegedly violates University policy, and inform
the accused student of his or her responsibility to meet with the
University Judicial Officer. The Judicial Officer shall 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.
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Formal
Hearings & due process
The Student Conduct
Committee, selected by the Student Senate, conducts hearings
regarding serious charges brought against students or referred to
it 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.
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Due Process
Rights
The University is
committed to protecting students’ right to due process. Students 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 the 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.
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ÛRights
& Responsibilities
Complainant/Victim RightsÜ
