STUDENT CONDUCT CODE

Section V:  Disciplinary Procedures

1. Investigation & Informal Process
   
1. Any member of the University community may file a written complaint alleging that a student or student organization has violated student conduct proscriptions.  Any complaint should be submitted as soon as possible after the event takes place.  Persons filing complaints shall be informed of their rights under the Minnesota Statute 13.04, subdivision 2.  Following the filing of a complaint against a student or student organization, the Director of Student Conduct and Resolution shall conduct an investigation of the allegations.
   
   
2. If the complaint seems unwarranted, the Director of Student Conduct and Resolution may discontinue proceedings.
   
   
3. If there is sufficient evidence to support the complaint, the Director of Student Conduct and Resolution shall offer the accused student an opportunity to resolve the alleged violation at an informal meeting.  Prior to this meeting, the student shall be given written notice of the specific complaint against him/her and the nature of the evidence available to support the complaint and provided with a copy of the code of conduct.  During the meetings the Director of Student Conduct and Resolution shall review the complaint and the evidence with the student and allow the student to present a defense against the complaint.  Within a reasonable time period following the meeting, the Director of Student Conduct and Resolution shall inform the accused student in writing of his/her decision whether a violation of the code was established by a preponderance of evidence and any applicable sanction as well as options available for an appeal and/or a formal hearing.
   
   
4. A student who is subject to a sanction of expulsion or suspension, except summary suspension, for more than nine days may agree to accept the sanction, or may request a formal hearing prior to implementation of the sanction.  Other sanctions shall be accepted or may be appealed in accordance with the University’s appeal procedures.
   
   
5. If the accused student fails to appear for the informal hearing, the Director of Student Conduct and Resolution may proceed to review and act upon the complaint in his/her absence and shall notify the student in writing of an action taken.
   
   
2. Formal Hearing
   The Director of Student Conduct and Resolution determines the composition of the Student Conduct Panel.  Students serving on the Student Conduct Panel shall be elected by the student body or appointed by Student Senate.  Student Conduct Panel Hearings shall be conducted by a Student Conduct Panel according to the following guidelines:
   
   
1. Student Conduct Panel Hearings normally shall be conducted in private.
2. Students or organizations referred for a formal hearing shall be given adequate advance notice in writing of the time, place, and date of the hearing.  A student or organization’s failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled.
   
3. Within a reasonable time prior to the hearing, the student must be informed in writing of:  a) the complaint, b) the evidence to be presented against him/her, c) a list of witnesses, and d) the nature of their testimony.
4. In hearings involving more than one accused student or organization, the Director of Student Conduct and Resolution, in his or her discretion, may permit the hearing concerning each student to be conducted either separately or jointly.
5. The student shall be given the opportunity to speak in his/her own defense, to present witnesses and to question any witnesses and to have an advocate present.  The advocate may provide advice to the student, but may not participate in any questioning.  When there is a likelihood that a student involved in conduct proceedings will face criminal prosecution for a serious offense, it may be advisable that the student have an attorney as the advocate.
6. A written notice of findings and conclusions shall be provided to the student within a reasonable time after the hearing.  The notice shall inform the student of any sanction to be imposed.  The notice shall also contain information regarding the applicable appeal process.  
7. The hearing may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Director of Student Conduct and Resolution to be appropriate.
   
   
3. 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 “Failure to Comply.” In recommending a conduct sanction(s) for student misconduct, the 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.
5. whether bias motivation is involved, as this would add to the seriousness of the violation

One or more sanctions will be selected from the following list, based on the criteria listed above. Students should note that even though they are of legal age to consume or possess alcohol, MSUM and MnSCU policies prohibit the use or possession of alcohol or illegal drugs on campus.

1. The following sanctions may be imposed upon any student found to have violated the Student Code.  More than one of the sanctions listed above may be imposed for any single violation.
   
   
1. Written Warning-A notice in writing to the student that the student is violating or has violated institutional regulations.
2. University Disciplinary Probation-A written reprimand for violation of specified regulations.  Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
3. Loss of Privileges-Denial of specified privileges for a designated period of time.
4. Restitution-Compensation for loss, damage, or injury.  This may take the form of appropriate service and/or monetary or material replacement.
5. Discretionary Sanctions-Work assignments, essays, service to the University, or other related discretionary assignments.
6. Residence Hall Suspension-Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return.  Conditions for readmission may be specified.
7. Residence Hall Expulsion-Permanent separation of the student from the residence halls.
8. University Suspension-Denial of the privilege of enrollment for a specified period of time after which the student is eligible to return.  Conditions for re-enrollment may be specified.
9. University Expulsion-Permanent denial of the privilege of enrollment at the University.
10. Revocation of Admission and/or Degree-Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
11. Withholding Degree-The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.
    
    
2. The following sanctions may be imposed upon groups or organizations:
1. Those sanctions listed above.
2. Loss of selected rights and privileges for a specified period of time.
3. Deactivation. Loss of all privileges, including University recognition, for a specified period of time.

4. Summary Suspension
   In certain circumstances, the Director of Student Conduct and Resolution, or his/her designee, 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 Director of Student Conduct and Resolution, the accused student’s presence on the University campus would constitute a threat to the safety and well-being of members of the campus community.  To the greatest extent possible before implementing the summary suspension, the accused student shall be given oral or written notice of the intent to impose summary suspension and shall be given an opportunity to present oral or written arguments against the imposition of the summary suspension.  However, the refusal of a student to accept or acknowledge this notice shall not prevent the implementation of a summary suspension.  Notice of 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 (9) school or business days.  During the summary suspension, the student may not enter the campus without obtaining prior permission from the Director of Student Conduct and Resolution.
   
   
5. Policy & Procedure for Appeals
   
1. A decision reached by the Student Conduct Panel or a sanction imposed by the Director of Student Conduct and Resolution may be appealed by the accused student(s) or complainant(s) to the Vice-President for Student Affairs or his/her designee(s) within five (5) school days of the decision. Such appeals shall be in writing and shall be delivered to the Director of Student Conduct and Resolution or his or her designee.
   
   
2. Except as required to explain the basis of new information, an appeal shall be limited to a review for one or more of the following purposes:
   
   
1. To determine whether the Informal or Formal Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
   
   
2. To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred.
   
   
3. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.
   
   
4. To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Informal or Formal Hearing.
   
   
3. If an appeal is upheld by the Vice-President for Student Affairs, the Vice-President for Student Affairs may take any appropriate action.  If an appeal is not upheld, the matter shall be considered final and binding upon all involved except that in cases involving sanctions of suspension for 10 days or longer, students shall be informed of their right to a contested case hearing under Minnesota State Statute 14.

For additional information regarding discipline process or procedures, contact the Director of Student Conduct and Resolution, Minnesota State University Moorhead, Box 124, 1104 7th Ave S, Moorhead, MN 56563. 218.477.2174.