Proposed New Language |
What Changed? |
600.00 Code of Student Conduct
The Montana State University academic communicty seeks to foster a campus environment
conducive to academic inquiry, productive campus life, and thoughtful study and discourse.
The student conduct process at MSU is an educational and developmental process that
balances the interests of individual students with the interests of the academic community.
Students are essential members of the MSU community and are expected to uphold and
abide by certain standards of conduct that form the basis of the Code of Student Conduct.
The student conduct process at MSU is not intended to punish students; rather, it
exists to challenge those whose behavior is not in accordance with our policies and
to foster a better understanding of the expectations that exist for members of our
academic communicty. Sanctions are intended to improve the Students' moral and ethical
decision - making and to help them learn more about what is expected as members of
our community. In cases where students fail to demonstrate an understanding of established
conduct standards or pose a threat to the continuing safety of the academic community,
the conduct process may determine that the student should no longer share in the privilege
of being a member of this community.
Students should be aware that the student conduct process is quite different from
criminal and civil court proceedings. Procedures and rights in the student conduct
process are conducted with fairness, but do not include the same protections of due
process afforded by the courts in criminal cases. Due process, as defined within these
procedures, assures written notice and a hearing before an impartial board or hearing
officer. No student will be found in violation of the MSU Code of Student Conduct
without a determination that is more likely than not that a policy violation occurred.
Any sanctions will be proportionate to the severity of the violation and to the cumulative
conduct history of the student.
Students at Montana State University are responsible for reading and adhering to this
Code of Student Conduct. Annually, students are provided a link to this Code of Student
Conduct on the University website. Hard copies are available upon request from the
Office of the Dean of Students.
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NEW: Completely new section. Adds language about values and the philosophical underpinnings
for the Code.
New: Outlines student expectations to understand and uphold the Code.
New: Distinguishes the differences between criminal court proceedings and the Conduct Code.
New: Outlines student responsibilites to read and follow the code.
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610.00 Judicial Authority and Jurisdiction
- The Code of Student Conduct and the student conduct process apply to the conduct of
individual students, both undergraduate and graduate, and all University-affiliated
student organizations. For the purpose of student conduct, the University considers
an individual to be a student when an offer of admission has been extended and during
the student's attendance.
- The University retains conduct jurisdiction over students who 1) are on University
holidays and during summers between enrolled semesters; and/or 2) choose to take a
leave of absence, withdrawl or have graduated for any misconduct that occured prior
to the leave, withdrawal or graduation. If sanctioned, a hold may be placed on the
student's ability to re-enroll, obtain official transcripts, or graduate and all directives
and/or sanctions must be satisfied prior to re-enrollment eligibility. If serious
misconduct was committed while the student was enrolled but reported after the accused
student has graduated or withdrawn, the University may invoke these procedures. Should
the former student be found responsible, the University may impose sanctions and/or
revoke that student's degree.
- The Code of Student Conduct applies to behaviors that take place on campus, at University-sponsored
events and may also apply off-campus when the Dean of Students or designee determines
that the off-campus conduct affects a substantial University interest. A substantial
University interest is defined to include:
- Any situation where it appears that the student's conduct may present a danger or
threat to the health or safety of him/herself or others
- Any situation that significantly impinges upon the rights, property or achievements
of self or others or significantly breaches the peace and/or causes social disorder
- Any situation that is detrimental to the educational mission and/or interests of the
University.
- The Code of Student Conduct may be applied to behavior conducted online, via email
or other electronic medium. Students should also be aware that online postings such
as blogs, web postings, chats and social networking sites are in the public sphere
and are not private. These postings can subject a student to allegations of conduct
violation if evidence of policy violations is posted online. The University shall
not regularly search for this information but may take action if and when such information
is brought to the attention of University officials. No violation of the Code of Student
Conduct can occur when the speech that is subject to the complaint is protected by
the student's free expression rights under the First Amendment.
- Students who commit offenses that violate the laws of the city, state or United States
are subject to prosecution by those authorities and may be subject to disciplinary
action under this code if the offenses are also violations of this code. University
disciplinary proceedings may precede, follow, or take place simultaneously with criminal
investigations or proceedings and will not be subject to challenge on the ground that
criminal charges involving the same incident have been dismissed or reduced.
- When a student has been charged by a civil authority for a violation of law, the University
will neither request nor agree to special consideration for the student solely because
of his or her status as a student.
- When a complaint is filed with appropriate Univeristy officals charging a student
with violating the Code of Student Conduct, the University is responsible for conducting
an investigation, initiating charges and adjudicating those charges. Charges under
the Code of Student Conduct that are filed by the University are brought forward by
the University and not an individual complainant. If the complainant decides to withdraw
the complain, the University may proceed with the case.
- University email is the University's primary means of communication with students.
Students are responsible for all communication delivered to their designated University
email address.
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New: Describes who is subject to the Code and when they become a student.
New: Describes what happens when a student leaves and their responsibilites to adhere to
the Code upon return
Clarifies: Student behavior and offense that occur off-campus and has an adverse affect on a
substantial university interest.
New: Adds language about student behavior online.
Amended: Adds lanugage, wordsmithing (ASMSU)
Clarifies: What happens when students commit crimes.
New: Identifies email as the University's primary means of communication and student responsibilites
to check their email.
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621.00 Acts of Dishonesty
Acts of dishonesty include, but are not limited to:
- Cheating, plagiarism or other breaches of academic integrity, such as fabrication,
facilitating or aiding academic dishonesty; theft, unauthorized possession or use
of instructional materials or tests; unauthorized access to or manipulation of laboratory
equipment or experiments; alteration of grades or files; misuse of research data in
reporting results; use of personal relationships to gain grades or favors, or otherwise
attempting to obtain grades or credit through fraudulent means. (Refer to Academic
Misconduct Procedures, 420.00 for additional definitions).
- Knowingly furnishing false information to any University official, faculty member
or office.
- Forgery, alterations or misuse of University documents, records, instruments of identification,
computer programs or accounts.
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No Changes
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622.00 Harassment, Hazing and Bystanding
- Harassment includes, but is not limited to, verbal, psychological, graphic and/or written abuse
directed at another, beyond a reasonable expression of opinion, which:
- is threatening or carries with it the intention to do bodily harm
- disrupts or undermines a person's exercise of his/her responsibilites as a student,
faculty or staff member including unreasonably interfering with a person's educational
work performance.
- Harassment which is based upon discrimination as defined in MSU's Discrimination,
Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking Policy
is also proscribed conduct, but that type of harassment is covered in Section 624.00
below; it is a separate offense from Harassment under this section and such conduct
is addressed as provided in Sections 624.00 and 640.00 below.
- Hazing includes, but is not limited to, any conduct or method of initiation, admission or
condition of continued membership in any student organization which:
- endangers the physical or mental health or safety of any student or other person,
including extended deprivation of sleep or rest, forced consumption of food, liquor,
beverage, or drugs; beating or branding; involuntary confinement or imprisonment
- destroys, vandalizes or removes public or private property.
- Bystanding includes, but is not limited to:
- Complicity with or failure of any student or organized group to appropriately address
known or obvious serious violations of the Code of Student Conduct or law that could
result in harm, violence, and/or sexual misconduct
- Complicity with or failure of any student or organized group to appropriately address
known or obvious serious violations of the Code of Student Conduct or law by its members
that could result in harm, violence, and/or sexual assualt.
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No Changes
No Changes
No Changes
New: Adds Bystanding as proscribed conduct
Amended: Changes circumstances under which bystander reporting of student code violations are
required (ASMSU)
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623.00 Assualt and Harm to Persons
- Physical assualt which includes, but is not limited to: physical contact of an insulting or provoking
nature or physical interference with a person which prevents the person from conducting
his/her customary or usual affairs, put the person in fear for his/her physical safety,
or causes the person to suffer actual physical injury.
- Threatening and Intimidating Behaviors
- Threat is defined as written or verbal conduct that causes a reasonable expectation of injury
to the health or safety of any person or damage to any property.
- Intimidation is defined as implied threats or acts that cause a reasonable fear of harm in another.
- Bullying and Cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm
or control another person physically or emotionally, and are not protected by freedom
of expression.
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No Change
New: Clarifies what is a threat and what is intimidation
New: Adds Bullying and Cyberbullying as proscribed conduct.
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624.00 Discrimination, Harassment, Sexual Misconduct, Dating Violence, Domestic Violence,
and Stalking Policy Offenses
Violation of Montana State University's Policy on Discrimination, Harassment, Sexual
Misconduct, Dating Violence, Domestic Violence, and Stalking (Discrimination Policy)
is a violation of this Code of Student Conduct.
The definitions of discrimination, harassment, sexual misconduct, domestic violence,
and stalking are contained in the Discrimination Policy. Violations of the Discrimination
Policy include retaliation against an individual for taking any of the action in support
of the Discrimination Policy as defined in Section 128.00 of the Discrimination Policy.
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Clarifies: How the conduct code interfaces with the Discrimination Policy for sexual misconduct
infractions.
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625.00 Alcohol, Tobacco, and Drug Offenses
- Use, possession, manufacture, distribution or sale of narcotics or dangerous drugs
(including the misuse or abuse of prescription drugs), except as expressly permitted
by law or University policy.
- Use, possession or distribution of intoxicants, including alcohol, in the buildings
or on the grounds of Montana State University, except as expressly permitted by law
or University policy.
- Smoking or tobacco use on campus in violation of the University's Tobacco Free Campus
Policy.
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No changes
No changes
New: Adds tobacco use as proscribed conduct
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626.00 Firearms, Explosives and Weapons Offenses
Possession, use, or distribution of firearms, explosives, weapons or dangerous chemicals
on university premises, except as specifically allowed in the University Weapons Policy, including:
- Carrying a concealed weapon and/or firearm;
- Discharging firearms on campus;
- Possessing firearms or ammunition on campus except as expressly authorized by residence
hall and family student housing policies;
- Possessing dangerous chemicals on campus, except as authorized by law and University
policy;
- Possessing, using, or distributing explosives (including fireworks and ammunition);
- Possesing, using, or distributing any other "weapon" as defined in the University Weapons Policy (e.g. bowie, dirks and knives [other than kitchen knives] with blades four (4) inches
or longer, explosives, swords, nunchucks, throwing stars and other martial arts weapons,
crossbows, compound bows, recurve bows, long bows, pepper spray [except for small,
personal protection dispensers], BB guns, paintball guns, ammunition and non-functioning
replicas that could be confused with actual firearms)
- Storage of any item that falls within the category of a "weapon", as defined in University
Weapons Policy, in a vehicle parked on University property.
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No Changes
New: adds possession or use of explosives as proscribed conduct
New: adds possession or use of dangerous objects and blades longer than 4 inches as proscribed
conduct
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627.00 Illegal and Disruptive Conduct
- Violation of federal, state or local law on University premises or at University-sponsored
activities; violation of published University policies, rules or regulations.
- Acting to impair, interfere with or obstruct the orderly conduct, processes and function
of the University, including but not limited to:
- Violence or threat of violence against self or any member or guest of the University
community.
- Interference with the freedom of movement of any member or guest of the University.
- Interference with the rights of others to enter, use or leave any University facility,
service or activity.
- Obstruction or disruption of teaching, learning, research, administration, disciplinary
procedures or other University activites, or of other authorized activities on University
premises.
- Use of public address systems on the campus outside of University buildings except
with written permission of the Office of Activities and Engagement.
- Failure to comply with directions of law enforcement officers and University officials
acting in the performance of their duties and/or failure to identify oneself to those
persons when requested.
- Failure to comply with any authorized Code of Student Conduct sanction(s)/ condition(s).
- Trespassing or unauthorized entry into University buildings or property.
- Unauthorized use (including misuse) of University or organizational names, trademarks,
and images.
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No changes
No changes
New: Adds misuse of University logos as proscribed conduct.
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628.00 Theft/Misuse of Property
- Theft, attempted theft, unauthorized possession, use or removal of University property
or the property of any member of the University community.
- Defacing, tampering, damaging or destroying University property or the property of
any member of the University community.
- Unauthorized presence in or use of University grounds, facilites, or property.
- Theft or other abuse of computer facilites, capabilites and/or computer time, including
but not limited to:
- Unauthorized entry into a file to use, read, or change the contents, or for any other
purpose.
- Unauthorized transfer of a file.
- Unauthorized use of another individual's identification or password.
- Use of computing facilites to interfere with the work of another student, faculty
member or University official.
- Use of computing facilites to send harassing or abusive messages.
- Use of computing facilites to interfere with the normal operations of the computing
system.
- Unauthorized use of computer resources, or the unauthorized use or copying of computer
data or software. Examples of unauthorized use or copying include: attempts to alter
systems, unauthorized access or copying of data or software, attempts to release data,
text, files or software in violation of copyright protection and the condoning, approving
or directing of unathorized use or copying.
- Unlawful downloading and distribution of copyrighted digital media via peer-to-peer
(P2P) file sharing applications including, but not limited to video (movies) and sound
(music) files.
- Attempts to circumvent or defeat any University-owned system, firewall or any other
mechanism put in place to manage the network.
- Theft of telephone services or other auxiliary services, including food services,
housing, parking, etc.
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No changes
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629.00 Other Proscribed Conduct
- Fire Safety - Violation of local, state, federal or campus fire policies including, but not limited
to:
- Intentionally or recklessly causing a fire which damages University or personal property
or which causes injury.
- Failure to evacuate a University building during a fire alarm;
- Improper use of University fire safety equipment
- Tampering with or improperly engaging a fire alarm or fire detection/control equipment
while on University property. Such action may result in a local fine in addition to
University sanctions.
- Wheeled Devices - Skateboards, roller blades, roller skates, bicycles and similar devices are not
permitted to be ridden inside University buildings. Bicycles are not permitted inside
University buildings for storage, except with permission of building supervisors when
adequate storage is not available outside. Additionally, skateboards and other wheeled
items may not be ridden in a dangerous or reckless fashion, or on railings, curbs,
benches, or any such fixtures that may be damaged by these activities. Failure to
yield to pedestrians or failure to abide by traffic laws/rules on campus is considered
a conduct violation.
- Abuse of Conduct Process - Interference with, or failure to comply in, University conduct and academic misconduct
hearings including, but not limited to:
- Falsification, distortion, or misrepresentation of information;
- Failure to provide, destroying or concealing information during an investigation of
an alleged policy violation;
- Attempting to discourage an individual's proper participation in, or use of, the conduct
system;
- Harassment (verbal or physical) or intimidation of witnesses or a member of a conduct
hearing board prior to, during or following a conduct proceeding;
- Failure to comply with the sanction(s) imposed by the conduct program;
- Influencing, or attempting to influence, another person to commit an abuse of the
campus conduct system.
- Failure to Comply - Students must comply with the reasonable directives of University officials or law
enforcement officers during the performance of their duties and/or failure to identify
oneself to these persons when requested to do so.
- Financial Responsibilites - Failure to promptly meet financial responsibilites to the institution, including,
but not limited to: knowingly passing a worthless check or money order in payment
to the institution or to an offical of the institution acting in an official capacity.
- Arrest - Failure of any student to accurately report an off-campus arrest by any law enforcement
agency for any crime that occurs on University premises, at University sponsored activites,
and off-campus that adversely affects the University community and/or the pursuit
of its objects to the Office of the Dean of Students within seventy-two (72) hours
of release.
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New: Adds Fire Safety issues to the code
New: Adds misuse of wheeled devices as proscribed conduct
Amended:ASMSU parking not available
Amended: Legal Counsel - permission from building supervisor.
New: Adds obstruction of the student conduct process as proscribed conduct.
New: Adds failure to comply with university officials as proscribed conduct.
New: Adds failure to meet financial obligations, paying with worthless money, etc. as proscribed
conduct.
New: Adds a requirement to report off campus arrests to the Dean of Students office.
Amended: Clarifies which off campus crimes shall be reported (ASMSU)
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630.00 Student Conduct Programs
The University shall establish appropriate procedures to adjudicate alleged violations
of the Code of Student Conduct under the direction of the Dean of Students in a unified
manner. All conduct programs must adhere to the procedures as outlined in the Code
of Student Conduct.
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Clarifies: Who is responsible for conduct programs and how conduct violations are adjudicated.
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631.00 Residence Life Student Conduct Program
- In addition to this Code, students who reside in the Residence Halls are subject to
the conduct requirements set forth in the Residence Life Handbook. Residence Life
staff are hereby delegated responsibility for investigating and adjudicating allegations
that involve violations of the Residence Life Handbook in accordance with the procedures
in this Code of Student Conduct.
- All allegations of violations of the University's Code of Student Conduct reported
to Residence Life Staff will be promptly referred to the Dean of Students. In such
cases, the Dean of Students may delegate the investigation and adjudication to the
Residence Life staff. When such matters are delegated, the investigation and adjudication
shall be conducted in accordance with the procedures of this Code.
- The Director of Residence Life will coordinate the delegated Residence Life Conduct
Program and will work closely with the Dean of Students to assure consistency.
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Clarifies: The role of Residence Life and how conduct violations of the Residence Life handbook
interfaces with violations of the Code in a unified manner.
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632.00 Department of Athletics
- In addition to the requirements of this Code, student athletes are also subject to
the Department of Intercollegiate Athletics conduct requirements found in team rules,
NCAA policies, and the Student - Athlete Code of Conduct. The Director of Athletics,
or designee, will coordinate the Student - Athlete Code of Conduct for alleged violation
of departmental conduct requirements and may impose sanctions related to a student's
participation in intercollegiate athletics.
- The Director of Athletics will refer allegations of violations of the University's
Code of Student Conduct to the Dean of Students for processing under the Code of Student
Conduct. Additional University sanctions by the Dean of Students may be in addition
to, or in lieu of, the process outlined in the Student - Athlete Code of Conduct.
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Clarifies: The role of the Department of Athletics and the Student-Athlete Code of Conduct and
how conduct violations of department rules, team rules, NCAA rules, etc, interfaces
with violations of the Code in a unified manner.
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633.00 Office of the Dean of Students
- The Dean of Students is responsible for administering the University's Student Conduct
Program, including the investigation and adjudication of cases involving alleged violations
of the Code of Student Conduct unless the alleged offense is a violation of MSU's
Policy on Discrimination, Harassment, Sexual, Misconduct, Dating Violence, Domestic
Violence, and Stalking Policy in which case Section 640.00 below will apply.
- The Dean of Students may appoint either a Hearing Officer or a Hearing Board to adjudicate
violations of the Code of Student Conduct. The Hearing Officer of Hearing Board will
conduct hearings using the procedures outlined in Sections 653.00 through 655.00
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Clarifies: The role of the Dean of Students and the interface between the Discrimination Policy
and Sexual Misconduct and the Code.
Clarifies: The differences between a Hearing Board and a Hearing Officer.
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634.00 Composition of University Student Conduct Hearing Board
- A University Student Conduct Hearing Board is appointed by the Dean of Students with
five members comprised of:
- One (1) professional staff member selected by the Dean of Students after consultation
with the Professional Council
- Two (2) faculty members selected by the Chair of Faculty Senate after consultation
with the Dean of Students
- Two (2) student members selected by the President of ASMSU after consultation with
the Dean of Students.
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NEW: Clarifies the membership of Hearing Boards
NEW: Reverses selection of student and faculty members, and reverses composition to 5 members.
(ASMSU)
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640.00 Investigation and Adjudication of Allegations of Discrimination, Harassment,
Sexual Misconduct, Domestic Violence, Dating Violence and Stalking Policy Violation
Offenses
- Complaints against student(s) accused of violations of MSU's Discrimination, Harassment,
Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking Policy (Discrimination
Policy) will be referred to the Title IX Coordinator who will follow the procedures
for reports and complaints of Discrimination Policy violation in accordance with MSU's
Discrimination Grievance Procedures. The Student Conduct Adjudication Procedures,
Appeals, and Interim Sanctions found in Sections 650.00 "STUDENT CONDUCT ADJUDICATION
PROCEDURES", 670.00 APPEALS, and 680 INTERIM RESTRICTIONS shall not apply in allegations
of such Policy Violations and shall be replaced by MSU's Discrimination Grievance
Procedures.
- When a student is found to have engaged in Discrimination Policy violations, the Dean
of Students will determine and assign sanctions as allowed by the Code of Student
Conduct in Section 660.00, including suspension or expulsion from the University.
The Dean of Students' sanction is the final University decision and shall not be subject
to the appeal right and procedures found in Section 665.00 (P) and Section 680.00
of the Code of Student Conduct. The Student may appeal under the provisions of Policy
203.5.2 [Insert Link] of the Montana Board of Regents Policies and Procedures Manual.
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Clarifies: and cleans up language. Wordsmithing.
Clarifies: and cleans up language. Wordsmithing.
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651.00 Filing of Charges
On its own initiative or upon receiving a complaint from any student, faculty or staff
member, the University, through the Office of the Dean of Students, may, after an
investigation, file appropriate charges against a student accused of violating the
Code of Student Conduct.
- Charges should be filed no later than four months after the alleged violations of
the Code of Student Conduct, unless good cause is shown to justify the delay. When
charges are referred to the Dean of Students for investigation and adjudication, any
resulting hearing will normally be convened within sixty (60) business days from the
date the charges were filed, unless good cause can be shown for delay.
- If a student has withdrawn or withdraws from the University after charges have been
filed, the University may:
- Place a hold on the student's academic record, re-enrollment and notify the student
that disciplinary action will be initiated before the student's re-enrollment in the
University
- Upon notice to the charged student, proceed with the disciplinary process, determining
sanctions to be imposed if the student is readmitted.
- The Dean of Students may order that University administration services such as grades,
registration, course drop/adds, fee payment, refunds, withdrawals, fee waivers, etc,
be withheld to compel students accused of violation(s) of the Code of Student Conduct
to meet with the Dean of Students as necessary to properly investigate and adjudicate
the alleged violation(s).
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Clarifies: and cleans up language. Wordsmithing
Clarifies: and cleans up langauge. Wordsmithing.
Clarifies: and cleans up language. Wordsmithing.
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652.00 Preliminary Investigation and Administrative Adjudication Procedures
- Whenever a complaint is filed or when it appears that a student may have violated
the Code of Student Conduct, the Dean of Students will designate a Conduct Officer
to conduct an investigation of the incident. The Conduct Officer conducting the investigation:
- Determines the facts through interview, reports and other evidence.
- Informs the student of the findings of the investigation.
- Allows the student an opportunity to respond to the evidence and potential charge(s).
- Makes a determination whether a violation of the Code has occured and, if so, the
appropriate sanctions.
- The Conduct Officer shall notify the complainant, if any, and the charged student(s)
that an investigation will be conducted.
- The Conduct Officer conducting the investigation may withdraw any charge determined
to be without reasonable cause. No reasonable cause means that there is no credible
evidence to support the charge or even if proved, the conduct does not violate the
Code. The complainant who filed the charge initially may appeal this decision to the
Vice President for Student Success under the appeal processes set forth in Section
670.00.
- After the conclusion of the investigation, an Administrative Agreement can be proposed
between the Conduct Officer and the accused student(s) if the student agrees with
the facts and any sanctions(s) proposed. The Administrative Agreement will be agreed
to by both the student and the Dean of Students, or designee. By agreeing to the Administrative
Agreement, the student waives the right to a hearing and any appeal and agrees to
accept the sanction(s).
- If the student denies the charges or the sanctions, the case will be referred for
a hearing under section 654.00 and 655.00.
- If an Administrative Agreement is not signed within three (3) business days following
its submission to the student, the matter shall be referred for a hearing under sections
654.00 and 665.00, unless the charged student(s) can show good cause for the extension
of the deadline. The responsibility and burden of proof of "good cause" will be upon
the charged student(s). The parameters of "good cause" will be circumstances that
were beyond the charged student's control (e.g. illness, death in the family).
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Clarifies: and cleans up language. Wordsmithing.
New: Defines what is reasonable cause.
Clarifies: and cleans up language. Wordsmithing.
New: Changes the timeline from 5 business days to 3 business days.
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653.00 Notice
In the event of a student conduct hearing, the charged student shall be notified at
least five (5) business days prior to the date of the hearing (except a hearing on
the alleged violations of Interim Restrictions imposed under Section 680.00 which
may be called with one (1) day notice to the student). Such notice shall be in writing
and shall include the following:
- The specific charge(s) citing the University policies or regulation(s) allegedly violated.
- A description of the alleged violation(s), including the time and place of the alleged
act(s) (insofar as may reasonably be known) and a summary of the information upon
which the charges are based.
- The time and place of the pre-hearing conference.
- The procedures to be followed in the hearing.
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No Changes
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654.00 Pre-Hearing Conference
The Presiding Officer of the Hearing Board or the Hearing Officer may convene a pre-hearing
conference to:
- Narrow and define the issues to be presented at the hearing.
- Identify and list all witnesses for hearing. The Presiding Officer or Hearing Officer
may establish restrictions on the numbers of witnesses and may disallow witnesses
who have not been identified at the pre-hearing from providing testimony at the hearing.
- Identify and list all documents to be presented at the hearing.
- Provided for a pre-hearing exchange among the parties of any documents to be presented
at the hearing. The Presiding Officer or Hearing Officer may prohibit the presentation
of evidence that is not provided to the parties before the hearing.
- Set a time and place for the hearing.
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Clarifies: and cleans up language. Wordsmithing.
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655.00 Hearing Procedures
Hearings are conducted by the Student Conduct Hearing Board or Hearing Officer appointed
by the Dean of Students and shall be conducted according to the following guidelines:
- The member(s) of the Hearing Board or Hearing Officer shall be impartial, i.e., without
personal bias in favor of or against the charged student.
- Hearings will be closed to the public unless all parties, witnesses and other participants
waive their rights to privacy. Admission to the hearing of persons other than parties
involved will be at the discretion of the Presiding Officer or the Hearing Officer.
- Minutes will be kept by the recording secretary and an audiotape may be used to record
the hearing. The audiotape is the property of the University.
- The University shall bear the burden of proving by a preponderance of the evidence
that the charged student violated the Code of Student Conduct. A preponderance of
evidence is described as evidence that is offered in opposition to it. A staff member
from the Office of the Dean of Students will present the case to the Student Conduct
Hearing Board or the Hearing Officer on behalf of the University. The presenting staff
members shall not be a member of the Hearing Board.
- The University may proceed with a hearing in any case in which the charged student
fails to appear after receiving proper notice. Proper notice is defined as one letter
to the student's official University email address.
- The charged student has the right to be assisted by any advisor he/she chooses at
his/her own expense. Typically advisors are members of the campus community, but the
parties may select whomever they wish to serve as their advisor (including attorneys).
The student is responsible for presenting his/her own case and, therefore, advisors
are not permitted to speak or participate directly in any hearing. The advisor may
not make a presentation or represent the party bringing the complaint or responding
student during the hearing. They may confer with their advisee, exchanging notes,
and clarify procedural questions with the Presiding Officer or Hearing Officer.
- The complainant (if any) and the charged student(s) shall have the opportunity to
review all statements and written evidence prepared during the investigation prior
to the hearing, to present witnesses and evidence at the hearing, and to question
the evidence and witnesses during the hearing.
- The Presiding Officer or Hearing Officer may preclude the presentation of duplicative,
irrelevant or unnecessary evidence and may limit the number of witnesses.
- The Presiding Officer or Hearing Officer shall control the hearing, and shall make
all decisions regarding evidentiary and procedural questions.
- Every reasonable effort will be made to elicit and consider the most reliable evidence.
The statutory Rules of Evidence, rules of discovery and rules of procedure that govern
state and federal court proceedings do not apply during student conduct hearings.
- The charged student and complainant (if any) must submit all evidence either intends
to submit to the Presiding Officer or Hearing Officer no later than three (3) business
days before the hearing date for the Presiding Officer's or Hearing Officer's review
to determine admissibility. Evidence not submitted three (3) business days before
the hearing date will not be allowed at the hearing unless there is good cause for
exception, as determined by the Presiding Officer or Hearing Officer. All Parties
will have opportunity to review such evidence prior to the hearing. The decision of
the Presiding Officer or Hearing Officer on the admissibility of the evidence and
procedural matters is final.
- Any person, including the charged student, who disrupts a hearing or who fails to
adhere to the rulings of the Presiding Officer or Hearing Officer may be excluded
from the proceedings.
- The determination of the hearing shall be made on the basis of whether it has been
proven by a preponderance of evidence that the charged student violated the Code.
Any decision shall be based only upon evidence and testimony presented at the hearing.
- The decision and the recommended sanctions of the Student Conduct Hearing Board or
Hearing Officer shall be in writing. If the charged student is found to have violated
the code, the Hearing Officer or Hearing Board may recommend sanction(s).
- The record of the hearing shall consist of written minutes of the hearing, any documentary
evidence presented, the audiotape, if made, and the written decision of the hearing
board.
- The Dean of Students shall, within five (5) business days after receiving the decision
and recommendation, determine what sanction(s), if any, will be imposed. The Dean
shall send a copy of the decision and the sanction(s) to be imposed to the charged
student(s) and complainant, if any.
- The decision of the Student Conduct Hearing Board or Hearing Officer and the sanctions
imposed by the Dean of Students may be appealed to the Vice President for Student
Success as set forth in section 670.00.
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660.00 Sanctions
- Individual Sanctions - In determining a sanction, the Dean of Students may consider
the student's present and past disciplinary record, including Residence Hall disciplinary
record, the nature of the offense, the severity of any damage, injury, or harm resulting
from the violation, and other factors relevant to the case.
- If the student is found to have violated the Code of Student Conduct, the Dean of
Students may impose one or more of the following sanctions:
- Expulsion - Permanent separation of the student from the University. The student may
also be barred from University premises.
- Suspension - Separation of the student from the University for a specified period
of time, but not less than the remainder of the semester. Eligibility for return to
the University may be contingent upon satisfaction of specific conditions noted at
the time of suspension. The student is required to vacate the campus within twenty-four
(24) hours of notification of the action, though this deadline may be extended upon
application to, and at the discretion of, the Dean of Students. During the suspension
period, the student is banned from University property, functions, events and activities
without prior written approval from the Dean of Students. This sanction may be enforced
with a trespass action as necessary.
- Conduct Probation/Suspension Warning - A status that is imposed for a designated period
of time and includes the probability of more severe disciplinary sanctions, including
suspension or expulsion, if the student is found to have violated the Code of Student
Conduct during the period.
- Disciplinary Reprimand - A formal reprimand which may be imposed either in verbal
or written form for violating the Code of Student Conduct and a warning that further
misconduct may result in more severe disciplinary action.
- Restitution - Compensation for actual loss, damage or injury. This may take the form
of appropriate service and/or monetary or material replacement.
- Residence Hall Sanctions - Disciplinary action for violations in the residence halls
may consist of, but is not limited to a Warning, Residence Hall Probation, Restrictions
of Residence Hall Privileges, Restitution, Constructive Work Projects, Removal from
Floor, Hall, or Residence Hall System, Persona Non Grata, or a combination of sanctions.
- Community or University Service Requirements - Completion of a specific, supervised
University or community service.
- Loss of Privileges - The student will be denied specific privileges for a designated
period of time.
- Other Sanctions - Other Sanctions may be imposed instead of, or in addition to, the
sanctions specified above, such as work requirements, restrictions, loss of privileges,
withholding registration, limitation of access to University housing facilites or
other property, imposition of mandatory educational or counseling requirements or
other sanction appropriate under the circumstances.
- Group Sanctions - The following sanctions may be imposed upon sororities, fraternities,
groups or organizations registered with the University:
- Those sanctions listed in subparagraphs 3 - 5 and 7 - 9 above.
- Deactivation - Loss of all privileges, including University recognition or registration,
for a specific period of time.
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670.00 Appeals
- The student who is found responsible for violating the Code of Student Conduct may
appeal the decision of the Student Conduct Hearing Board or Hearing Officer following
a student conduct hearing by emailing a letter of appeal to the Vice President for
Student Success within five (5) business days of the official's decision. The letter
of appeal shall specifically allege and factually support one or more of the following
grounds:
- The student's rights as set forth in this procedure were violated (i.e. there was
an error in the procedure or the interpretation of the Code of Student Conduct which
substantially affected the student's ability to receive a fair hearing)
- New evidence, unavailable during the original hearing or investigation, has been discovered
that could substantially impact the original finding or sanction. A summary of this
new evidence and its potential impact must be included in their letter of appeal.
- If a sufficient claim is presented under one or more of the specified grounds, the
Vice President for Student Success shall accept the appeal and request a copy of the
record of the hearing. If sufficient claim is not presented, the appeal shall be dismissed.
- Within fifteen (15) business days from receipt of the record, the Vice President for
Student Success shall review the entire record and render a written decision. The
Vice President for Student Success may remand the case to the original Hearing Board
or Hearing Officer for furrther findings of fact or clarification.
- The decision of the Vice President for Student Success shall be based on the record
only and is the final decision of the University. A copy of the decision shall be
sent to the charged student, the complainant (if any) and included in the record,
which shall be returned to the Office of the Dean of Students.
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680.00 Interim Restrictions
- The Dean of Students or designee may impose interim Residence Hall restrictions or
University suspensions or other restriction(s) upon a student pending the resolution
of disciplinary proceedings if there is reason to believe that the student's conduct
poses an imminent and substantial threat of injury to, or interference with, persons
or property.
- Interim restrictions may include, but are not limited to, the following:
- Residence Hall and/or University suspension
- Assignment to alternate housing for students residing in University housing
- Limitation of access to University housing facilities, other campus faculities or
University property in general
- Restriction of communication with named individuals or groups within the Univeristy
community
- The requirement to secure advance authorization to engage in a specified activity
and/or professional evaluation, intervention and/or treatment.
- The official imposing the interim restrictions shall notify the student in writing
of the restrictions imposed and shall schedule a meeting with the student to be held
within two (2) working days after the imposition of the interim restrictions. If the
student is unable to attend for good cause, the meeting or the hearing will be held
as soon as the student is able to attend.
- At the meeting the student shall be informed of the basis of the allegations that
led to the imposition of the Interim Restrictions and shall be offered the opportunity
to explain his or her position regarding the charges and the imposition of the Interim
Restrictions. If, after hearing the student's position, the official believes the
imposition of the Interim Restrictions was made in error or is too restrictive, he/she
may rescind or modify the restrictions. Otherwise, the restrictions shall continue
until the decision is rendered in a future student conduct proceeding.
- In cases where interim restrictions have been imposed, the disciplinary hearing shall
be held as soon as possible, but not later than thirty (30) days from the date of
the imposition of interim restrictions.
- The time limitations set forth in this section may be expanded upon the consent of
the student.
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Changes: Interim restrictions being placed by the President or VPSS to the Dean of Students
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690.00 Records and Confidentiality
- The Office of the Dean of Students shall maintain student conduct records. Relevant
student conduct records and related information shall be made available to hearing
boards to assist in recommendation of an appropriate sanction, and to other University
personnel who require such information to fulfill their official duties.
- Students may arrange to review their own student conduct records and related information
by contacting the Office of the Dean of Students.
- Except as provided elsewhere in this Code and/or as required by law, the University
shall not communicate a student's conduct record to any person or agency without the
prior written consent of the student.
- Student conduct records shall be maintained for seven (7) years from the last recorded
entry, then destroyed.
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