Conduct Guidelines and Grievance Procedures for Students
A. General Policy
The preservation of freedom of discussion, inquiry, and expression is possible only in an environment in which the privileges of citizenship are protected and the obligations of citizenship are understood. Accordingly, the University has developed regulations and policies pertaining to students and to student organizations. Any student or organization violating an established policy or regulation of the University is subject to misconduct action according to the provisions outlined in the Code of Student Conduct.
Personal conduct on University-owned or University-controlled property or at University-sponsored events is subject to University jurisdiction. The University may also enforce its own Code of Conduct, even when the behavior occurs off campus, when personal or organizational conduct directly, seriously, or adversely interferes with or disrupts the educational mission, programs, or other functions of the University, or violates federal, state, or local law.
In addition to the guidelines of conduct set forth elsewhere in the Handbook and other official University publications, acts of conduct for which misconduct action may be taken and the misconduct procedures which apply for the fair review of alleged violations follows.
- “University” shall mean Montana State University Billings.
- “Vice Chancellor” shall mean the Vice Chancellor for Student Affairs and or the Vice Chancellor’s designee.
- “Student” shall mean a person enrolled at the University either full or part-time, pursuing undergraduate, graduate, or extension studies, or a person accepted for admission or readmission to the University.
- “University community” shall include the employees and students of Montana State University Billings and all property and equipment of the University.
- “Sanction” shall mean a stipulation or requirement placed on the student based on their violation of the code of student conduct.
- Cooperation with Law Enforcement Agencies Montana State University Billings distinguishes
its responsibility for student conduct from the controls imposed by the larger community
beyond the University, and of which the University is a part. The University does
not have the responsibilities of a parent for the conduct of students and will not
be held responsible for conduct of students off campus. When students are charged
with violations of laws of the nation or state, or ordinances of the county or city,
the University will neither request nor agree to special consideration for students
because of their status as students, but the University will cooperate with law enforcement
agencies, courts, and any other agencies in programs for rehabilitation of students.
Montana State University Billings reserves the right to impose the provisions of this policy and apply further sanctions before or after law enforcement agencies, courts, and other agencies have imposed penalties or otherwise disposed of a case.
B. Code of Student Conduct
- Academic Misconduct
- Academic misconduct includes all acts of dishonesty in any academically related matter
and any knowing or intentional help or attempt to help, or conspiracy to help, another
student commit an act of academic dishonesty. Academic dishonesty includes, but is
not limited to, each of the following acts when performed in any type of academic
or academically-related matter, exercise, or activity.
- Cheating - using or attempting to use unauthorized materials, information, study aids, or computer-related information.
- Plagiarism - representing the words, data, works, ideas, computer program or output, or anything not generated in an authorized fashion as one’s own. For the purposes of this policy, a student’s own papers submitted to one course are considered ‘published,’ and submitting them to a second or subsequent course without substantial modification or citation would constitute plagiarism (See APA, 2010).
- Fabrication - presenting as genuine any invented or falsified citation or material.
- Misrepresentation - falsifying, altering, or misstating the contents of documents or other materials related to academic matters, including schedules, prerequisites, transcripts, and/or misrepresenting personal identification in an online course, which includes, but is not limited to, another person completing course requirements.
- When academic dishonesty is alleged to have occurred, the instructor has the right and obligation to take appropriate action, which may include a verbal or written reprimand or warning, a grade of “F” (failure) for the assignment or test involved or a grade of “F” for the course. To initiate this process, the instructor must discuss the alleged violation with the student at the time of discovery and prior to taking formal action so the student has an opportunity to respond. The instructor may also refer the incident for possible institutional review, as outlined in Part IX, B, 4. If a student wishes to appeal his/her grade, he/she must follow the grade appeal process.
- When misconduct of a behavioral nature occurs in the classroom (onsite or online), the instructor has the right and obligation to take appropriate action, which may include a verbal or written reprimand or warning that the behavior may be in violation of the Code of Student Conduct Part IX, B, 2, F (Actions Against Persons or Groups, 4. Disorderly conduct or behavior). Furthermore, failure to comply with a request to cease the disorderly behavior may result in an additional violation Part IX, B, 2, P (Failure to comply with Directions of University Officials). In such case that disorderly behavior continues in the classroom, the instructor may elect to refer the incident for institutional, review as outlined in Part IX, B, 4.
- Academic misconduct includes all acts of dishonesty in any academically related matter and any knowing or intentional help or attempt to help, or conspiracy to help, another student commit an act of academic dishonesty. Academic dishonesty includes, but is not limited to, each of the following acts when performed in any type of academic or academically-related matter, exercise, or activity.
- Personal and Organizational Misconduct
Each student and organization’s conduct is expected to be in accordance with standards of common decency and decorum, with recognition and respect for the personal and property rights of others and the educational mission of the University. Further, the right to proceed in accordance with this Code shall in no way be affected by the filing of criminal or civil charges in any court by any person or any governmental entity against the accused student or student organization. The University also reserves the right to respond and act in accordance to criminal activity of a student that has happened prior to their status as a student and has been falsely reported to the University. A student or student organization may be charged with and sanctioned for the following:
- Alcoholic Beverages
- The unlawful possession, sale, manufacture, distribution, or consumption of alcoholic beverages, public drunkenness, driving under the influence or violation of state or local laws regarding alcohol use or possession.
- The University does not allow the consumption of alcoholic beverages by persons not of legal age at functions sponsored by Montana State University Billings organizations. Organizations will be held responsible for the conduct of their members at functions sponsored by the organization and may be charged under this Code for failure to comply with Montana state laws related to alcoholic beverages.
- Repeated or flagrant violation of the University Alcohol Policy as set forth in Part VIII.
- If a student agrees with and signs a release of information form, Montana State University Billings may notify parents when their underage (under 21) student has a second or third time violation of campus alcohol and drug policies or state laws. Parents may be notified on first time violations if the violation includes a medical emergency, vandalism, any violence or gross disrespect of residence hall staff or law enforcement officials (IX.B.2.A.4).
- Narcotics or Drugs
The unlawful use, possession, manufacture, sale, or distribution of marijuana or any narcotic, drug, drug paraphernalia, medicine, chemical compound, or other controlled substance defined as illegal under federal, state, or local laws. Although Montana state law permits the use of medical marijuana, i.e., use by persons possessing lawfully issued medical marijuana cards, federal laws prohibit marijuana use, possession and/or cultivation at educational institutions and on the premises of other recipients of federal funds. Possession of a valid and appropriately held Medical Marijuana Permit identification card does not authorize a student to possess, use, or distribute marijuana in any university-owned property or in any public area of the university.
C. Firearms and Dangerous Materials
With the exception of law enforcement personnel on duty and serving MSUB, the possession or use of firearms, ammunition, weapons, fireworks, explosives, noxious materials, incendiary devices, dangerous instruments, or other dangerous substances is strictly prohibited on all campus properties. Switchblade knives, bayonets, and all concealable weapons with blades over three (3) inches in length are prohibited on campus and within the residence halls at any time.
Theft of, accessory to theft of, or misappropriation of property or services of the University, of other University students, or other members of the University community, or of campus visitors. Knowingly being in possession of stolen property or services constitutes being an accessory to theft and is therefore a violation of this provision.
E. Damage or Destruction of Property
Intentionally or recklessly destroying, defacing, vandalizing, damaging or misusing the property, equipment, materials, services, or data of the University, of other University students, of other members of the University community, or campus visitors or aiding, abetting, or contributing to such actions.
F. Actions Against Persons or Groups
- Physical abuse or threat of abuse to any person
- Conduct dangerous to the health and safety of any person
- Disorderly conduct or behavior
- Indecent, obscene, lewd, or defamatory conduct or expression
- Bullying - systematically (carried out with a system, method or plan) and chronically (continuing for a long period of time) inflicting physical hurt or psychological distress on one or more students or employees.
- Hate Actions – actions against an individual or individuals which assault, trespass upon, or cause damage to the property of or injure physically or emotionally another person or persons because of such person's race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin.
- Harassment – Harassment includes, but is not limited to, making repeated or untimely telephone calls or texts to a person’s cell phone or residence or place of employment, the unauthorized use of computing and network facilities, trailing a person in his or her course of daily activities in such a way that the action inhibits the person from performing his or her duties, and making gestures which may be construed by the individual to be suggestive, abusive or threatening. Harassment based on discrimination as defined in MSU Billings’ DISCRIMINATION, HARASSSMENT, SEXUAL MISCONDUCT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING POLICY is addressed below in Section 9.
- Violation of MSU Billings’ Policy on Discrimination, Harassment, Sexual Misconduct, Dating Violence, Domestic Violence and Stalking Policy is proscribed conduct under this Student Conduct Code. The definitions of discrimination, harassment, sexual misconduct, dating violence, domestic violence, and stalking are contained in the policy. Policy violations include retaliation against an individual for taking any of the actions in support of the policy as defined in Section 128.00 of the Policy.
- Hazing - For the purpose of this Code, hazing shall include any mental or physical requirement or obligation placed upon a person by a member of an organization, individual, or a group of individuals which could cause discomfort, pain, or injury including, but not limited to, striking, laying open hand upon, treating with violence or offering to do bodily harm to a person with intent to punish or injure the individual, or other treatment of a tyrannical, abusive, shameful, insulting, or humiliating nature. Hazing is any action taken or situation created, whether on or off University premises, to produce mental or physical discomfort, embarrassment, harassment, or ridicule, including involuntary servitude often called “personal favors.” Both individuals and organizations may be held accountable for such activity.
G. Disruption of University-Sponsored Activities
Obstructing or disrupting teaching, research, administration, misconduct procedures, computing activities, services, or other University-sponsored activities, services or events, including public service functions. This includes deliberate interference with academic freedom and freedom of speech, (including not only classroom activities, but also interference with performances, exhibits, displays, dissemination of information, authorized demonstrations conducted for the purpose of expressing opinions, or the freedom of any speaker invited by any segment of the campus community to express views).
Any form of illegal gambling or wagering.
I. False Alarms
Entering false reports of fire alarms or bomb threats, tampering with fire extinguishers, alarms, or other safety equipment.
J. Unauthorized Entry or Use
- Unauthorized entry to or use of University facilities, equipment, materials, properties, services, or other facilities located on University property.
- Possessing, using, producing, manufacturing or having manufactured without proper authorization, any key or unlocking device for use of University facilities or locks.
K. Traffic and Parking
- Repeated or flagrant violations of the rules as set forth in University Traffic and Parking Regulations.
- Tampering with or removal of barricades, traffic cones, ticket machines, parking permits, or traffic control devices.
L. Housing Regulations
Violations of the rules and regulations which govern behavior in the campus residence halls and set forth in the Residence Hall Policies and Procedures.
M. Recreational Activities Regulations
Repeated or flagrant violations of the rules and regulations of Recreational Activities.
N. University Rules and Regulations
Repeated or flagrant violations of University rules or regulations contained in this Handbook, the General Bulletin, and other official policy statements and publications of the University or created by any official, campus administrator, committee, commission, or council, acting within the scope of their authority.
O. Failure to Respond to Directives of University Officials
Failure by a student or organization to respond to notification to appear in the Office of Student Life and/or Housing and Residential Life or the Vice Chancellor for Student Affairs during any stage of a misconduct investigation or proceeding. Failure to appear will not prevent proceeding with misconduct action in the absence of the student or student organization with the provisions outlined in Section IX, B, 4 (Student Misconduct Procedures).
P. Failure to Comply with Directions of University Officials
Failure to comply with directions of a University official, classroom instructor, or university police officer acting in the performance of his/her duty.
Q. Failure to Present Student Identification
Failure to present student identification to any member of the University faculty, staff, administration, or police, on request, when that person is acting in the performance of his/her duty.
R. Misuse or Abuse of Computer Equipment, Programs, or Data
- Unauthorized use of computing resources or use of computing resources for unauthorized purposes.
- Accessing or copying programs, records or data belonging to the University or another user without permission.
- Attempting to breach the security of another user’s account or deprive another user of access to the University’s computing resources.
- Using the University’s computing resources for personal or financial gain.
- Transporting copies of University programs, records or data to another person or computer site without written authorization.
- Attempting to destroy or modify programs, records or data belonging to the University or another user.
- Disrupting the learning environment in any online class or chat room.
- Using computing facilities to communicate harassing or abusive images or messages.
- Information shared on public social networking websites can be used by university officials during the investigation if the information alleges potential violation of university rules, policies, and the Student Code of Conduct.
S. Misuse of Electronic Devices
Cellular phones, pagers and other electronic devices shall not be used in a manner that causes disruption in the classroom, library or within any college owned or college operated facility. Abuse of cellular devices with photographic capabilities, use of devices for purposes of photographing test questions or other notes and materials is prohibited. Photographing individuals in secured areas such as bathrooms, locker rooms or other areas where there is a reasonable expectation of privacy, and/or taking photographs of any person without expressed permission is strictly prohibited. Use of electronic devices to bully another student, as determined by University Officials, is not permitted.
T. Falsification of Records
Knowingly furnishing false information to the University, or forging, altering, misusing, mutilating, or making unauthorized use of a University document, record, or identification. Specifically, for the purpose of this Code, falsification of records includes falsely making, or falsely altering a document issued by the University; conveying or obtaining a document that is known to be false or procuring or aiding such conduct; using as genuine a falsely made or falsely altered document that the user knows is false; making a false written statement about certification achievement in an application for employment, award, or to induce another to issue a diploma, certificate, license or transcript; or furnishing false information to a university official during an investigation.
U. Destruction or Damage to University Grounds
Intentional damage or littering to public grounds of the University or driving motor vehicles on University property without prior authorization from the appropriate University official.
V. Inappropriate Attempt to Influence University Processes
Influencing or attempting to influence the academic or any University administrative process through explicit or implied bribery, threats, sexual behavior, etc. Organizations shall be held responsible for the actions of their individual members, alumni, and advisers.
W. Obtaining University Services by False Pretenses
Obtaining University services by false pretenses including, but not limited to, misappropriation or conversion of University funds, supplies, equipment, labor, material, space, facilities, or services.
Retaliation or the threat of retaliation or attempt to prevent the reporting of sexual misconduct or other misconduct is prohibited.
Y. Violation of State, Federal, or Local Laws
Any act or omission that constitutes a violation of federal, state, or local laws or regulations and which is not otherwise covered in this Code.
Z. Violation of Misconduct Sanctions
Violation(s) of the terms and/or conditions imposed as a result of previous misconduct procedures.
3. Shared Responsibility for Infractions
- Students who act individually or in concert to violate University regulations may be given joint responsibility for such violation(s).
- Students and organizations are responsible for the conduct of their guests on or in University property and at functions sponsored by the University or any registered University function.
- Student organization member(s) who act individually or in concert to violate University regulations may be given joint responsibility along with their respective student organization for such violations.
- Organizations shall be held responsible for the actions of their member(s), alumni, and advisor(s).
4. Student Misconduct Procedures
PLEASE NOTE: Online students who are distant from campus will participate in this process via telephone and teleconference. Other technology may be used or the student may choose to physically come to campus for a hearing.
The Student Behavior Team deals with student behaviors which may constitute violations of this Code. The Student Behavior Team meets regularly to review Residence Hall Incident Reports filed by Resident Assistants and Hall Directors, as well as University Police Reports, which may cover both on and off campus students. The Student Behavior Team works together to suggest intervention strategies that are considered to be most appropriate and effective for eliminating specific negative student behaviors. The Student Behavior Team is chaired by the Vice Chancellor for Student Affairs and includes representatives from University Police, Residential Life, COT Student Services, and the Student Health Center. In cases involving sexual discrimination including sexual harassment or other forms of sexual violence, the Title IX Coordinator will work closely with the Vice Chancellor for Student Affairs and trained investigators.
B. General Provisions
The Vice Chancellor for Student Affairs or designee shall investigate and gather information about reported academic, personal, or organizational misconduct (as detailed in Part IX, Code of Conduct) and shall evaluate the accuracy, credibility, and sufficiency of this information. The Vice Chancellor for Student Affairs shall ensure that the requirements of due process are fulfilled in accordance with the following procedures.
C. Review of Complaints
1. A complaint alleging misconduct against any student or organization at the University may be filed by anyone to the Office of the Vice Chancellor for Student Affairs. A complaint alleging violations of MSU Billings’ Policy on Discrimination, Harassment, Sexual Misconduct, Dating Violence, Domestic Violation, and Stalking Policy shall be made in accordance with the Discrimination Procedures to the Title IX Coordinator.
Students, faculty members, administrators and other employees of the University shall have concurrent authority to request the commencement of the educational proceedings provided for in this section. A person filing a complaint shall be complainant of record.
Process forAllegations of Discrimination, Harassment, Sexual Misconduct, Domestic Violence, Dating Violence and Stalking Policy Violations Offenses.
Complaints against student(s) accused of violations of MSU Billings’ Discrimination, Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking Policy (Policy Violations) will be referred to the Title IX Coordinator who will follow the procedures for reports and complaints of Policy Violation in accordance with MSU Billings’ Discrimination Grievance Procedures http://www.montana.edu/policy/discrimination/procedures/
- The Student Conduct Process in Section 4 shall not apply in allegations of such Policy Violations and shall be replaced by MSU Billings’ Discrimination Grievance Procedures.
- When a student is found to have engaged in Policy Violations, the Vice Chancellor for Student Affairs or designee will impose sanctions allowed by the Student Conduct Code in Section E. below, including suspension or expulsion from the University. The Vice Chancellor for Student Affairs sanction decision is the final University decision. The Misconduct Appeal Procedure in Section 6. below shall not apply to Policy Violations.
Process for Other Complaints
- When a complaint is filed, the student or organization named in the complaint may be asked to appear, within 10 business days, before a Hearing Officer in the Office of Student Life and Housing or the Office of the Vice Chancellor for Student Affairs or designee who will initiate a educational hearing to discuss the alleged violation(s) and possible charge(s). Refer to Part IX, 4, C.
- Any student or organization charged in a complaint shall receive written notification from the Vice Chancellor for Student Affairs or designee. Such notice shall:
- Inform the student or organization that a complaint has been filed alleging that the student or organization violated specific provisions of the Student Code of Conduct and the date of the violation(s);
- Set forth those provisions allegedly violated;
- Specify a time and date the student is required to meet with the Vice Chancellor or designee;
- The right of the student or organization to be accompanied by an advisor; and
- Inform the student that failure to appear at the appointed time at the Vice Chancellor’s or designee’s office may subject the student to further disciplinary action, have the case heard in absentia, and/or a hold on all registration, transcripts, etc.
4. During the educational hearing, the student or organization shall be informed of the following:
- The nature of the complaint(s) filed, including a statement of the rule or regulation allegedly violated and the alleged act(s) committed.
- The source of each complaint which has been filed.
- The penalties which may be imposed if a charge is proven.
- The freedom of the student or organization from any obligation, at any time, to make any statement relevant to the accusation(s).
- The fact that any statement(s) made by the student or organization may be used against the student or organization.
5. Upon completion of the review with the student, the Vice Chancellor or designee may:
- Drop the charges when they appear to be invalid, without substance or capricious;
- Issue a verbal warning;
- Apply any of the sanctions if such is warranted by the evidence;
- Invoke the temporary suspension or interim action procedure when deemed appropriate.
- Issue other sanctions as determined appropriate.
6. Witnesses and/or complainant may be asked to appear before the hearing officer(s) at any time during the review process.
7. Per the Family Educational Rights and Privacy Act (FERPA), Montana State University Billings has the right to release information relating to a misconduct procedure to an alleged complainant of a crime of violence or non-forcible sex offense or to university officials that are responsible for the safety of students in their buildings (Part IX, B, 4, E).
8. Transcripts of academic records will not include information concerning misconduct. Information from misconduct and counseling files will not be made available to unauthorized persons, except as set forth in Part III, Student Records, of the Student Policies and Procedures Handbook.
E. Implementation of Sanctions
The misconduct sanctions shall begin once the sanctions have been issued. If the student or organization wishes to appeal, sanctions will remain in effect until the outcome of the appeal has been determined. Exceptions are made only in cases for which, in the judgment of the Vice Chancellor for Student Affairs, the physical or emotional well-being of the student, the organization, other students, or other members of the University community might be endangered. In such cases, the Vice Chancellor for Student Affairs may implement temporary suspension or interim actions pursuant to Part IX, B. 4. F.
F. Temporary Suspension or Interim Actions
- The Vice Chancellor for Student Affairs or designee or Title IX Coordinator or Investigator may impose interim residence hall restrictions or University temporary suspension or other interim actions 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.
- Temporary Suspension and Interim Actions may include, but is 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 facilities or University property in general;
- Restriction of communication with named individuals or groups within the University 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 temporary restrictions shall notify the student in writing
of the restrictions imposed and shall schedule a hearing with the student after the
imposition of the temporary restrictions.
- The time limitations set forth in this section may be expanded upon the consent of the student or if further investigation is required.
G. Misconduct Holds
Misconduct holds on registration will be used as necessary to insure that the hearing process is completed and that pertinent sanctions are upheld. Specifically, holds will be placed when a misconduct case has not been resolved, when a sanction has not been completed or when the sanction is suspension. Misconduct holds for case or sanction completion may include, but will not be limited to the following actions: prohibit the release of transcripts, prohibit the ability to register for classes, prohibit participation in commencement exercises and/or withhold institutional endorsement for teaching certification. Misconduct holds for suspension will not be removed during the period of suspension; students who have completed the duration of the suspension must request readmission.
- Misconduct Sanctions
The following penalties may be assessed whenever a student or organization is found to have violated any of the rules or regulations contained in this Code. The sanctions may be imposed on both students and/or organizations.
- Misconduct University Warning
When a student or organization is reprimanded, oral or written notification shall be made to the student or organization, warning that continuation or repetition of the specified conduct will be cause for further misconduct action. A reprimand becomes part of a student or organization’s misconduct record in the Office of the Vice Chancellor for Student Affairs, but is not made part of a student’s academic record. For organizations, a reprimand may include notification to the organization’s president or advisor, and to the organization’s chapter and national/international headquarters. A reprimand may include restrictive conditions, the terms of which shall be furnished, in writing, to the student or organization.
B. Misconduct Probation
When a student or organization is placed on misconduct probation (hereinafter referred to as probation), written notification shall be made to the student or organization, placing the student or organization on probationary status for a specified period of time. If a student or organization, while on probation, violates any of the provisions of this Code, the student or organization may be subject to further disciplinary sanctions, including suspension from the University. Probation may include restrictive conditions, the terms of which shall be furnished in writing to the student or organization.
C. Misconduct Deferred Suspension
- Terms of a reprimand or probation with restrictions for students may include, but
are not limited to, the following:
- A student may be required to make restitution, monetary or otherwise, particularly in cases of theft, property damage, injury to others, or for losses resulting from improper computing activities;
- A student may be required to move from one University residence hall to another or obtain off-campus housing (eviction);
- A student may be required to seek personal counseling at the Student Health Services, or from other designated University faculty, staff, or administrative officials;
- A student may be denied the right to park or operate a motor vehicle on campus;
- A student may be denied eligibility, for a specified period of time, for election to a student office or to represent a student organization or the University;
- A student may be denied, for a specified period of time, the privilege of participating in athletic, extracurricular, or other student activities; and/or
- A student may be assessed a fine for his or her conduct violation, particularly in cases of theft, property damage, false alarm, hazing, injury to others, and in other cases where the University academic environment has been disrupted. All fines collected will be placed in a Student Affairs fund, which is restricted for student development educational programs.
- Terms of a reprimand or probation with restrictions for organizations may include,
but are not limited to, the following:
- An organization may be denied use of University facilities;
- An organization may be prohibited from engaging in certain organizational and/or University programs or functions;
- An organization may be required to make restitution, monetary or otherwise, particularly in cases of theft, property damage, or injury to others;
- An organization may be restricted from selected social, intramural athletic, or membership recruitment activities; and/or
- An organization may be assessed a fine for its conduct violation, particularly in cases of theft, property damage, false alarms, hazing, injury to others, and in other cases where the University academic environment has been disrupted. All fines collected will be placed in a Student Affairs fund, which is restricted for student development educational programs.
D. Misconduct Suspension
- Misconduct Suspension (hereinafter referred to as suspension), involves exclusion from classes, exclusion from other privileges and activities (including access to computing facilities), and physical exclusion from campus. It may also include the assessment of fines to pay for damages incurred by the University.
- When a student or organization is suspended, the suspension shall usually be for a stated period, but in no case shall it be for less than the remainder of the term in which the offense is committed. Notification of student or organizational suspension shall indicate the date on which the suspension begins, the earliest date at which application may be made for readmission or registration, and any special conditions relating to the steps required for readmission or registration. During suspension, a student shall not attend classes or participate in any University-related activity. During suspension of an organization, the registration and privileges of the organization are suspended. The only exception to this rule is “temporary suspension” discussed in Part IX, B, 4, G of this Code.
- The Vice Chancellor for Student Affairs may deny a student or organization’s request for readmission if, in his/her judgment, there is sufficient evidence, to indicate that the student’s or organization’s conduct during suspension would have warranted misconduct action, or if the student or organization has failed to satisfy any special conditions that may have been imposed prior to readmission. Upon denial of a student’s or organization’s application for readmission, the Vice Chancellor for Student Affairs shall set a new date at which another application for readmission may be made.
E. Educational Sanctions
1. University Officials may, if a violation of the Code of Student Conduct has been determined, assess certain educational sanctions such as, but not limited to, written letters of apology, research a specific topic related to the violation, asked to attend a counseling session, or assist in developing a program for other students.
- Misconduct Appeal Procedures
A. Right to Appeal
Any student or organization shall have the right to appeal the final decision of the Office of the Vice Chancellor for Student Affairs or designee within 10 business days from receipt of sanction.
B. Form of Appeal
Appeals must be made in the form of a letter in sufficient detail to inform the Vice Chancellor for Student Affairs of the grounds for appeal. The appeal is not intended to afford a full rehearing of the case, but to serve as a method of reviewing the record of the case and the procedures followed in its adjudication.
C. Grounds for Appeal
- In general, appeals must be based on the issue of substantive or procedural errors which are prejudicial and which were committed during the formal resolution process.
- The specific questions for the review which should be addressed in any written appeal
are the following:
- Were the procedures of this Code followed?
- If a procedural error was committed, were the rights of the accused materially violated?
- Has the student discovered new evidence, not previously available, which would have materially affected the decision?
D. Appeal Procedure
- The student or organization shall not have more than ten (10) University business days from the date of the decision to prepare and submit the written appeal.
- The student or organization shall file the written appeal in the Office of Vice Chancellor for Student Affairs.
E. Responsibility of the Vice Chancellor for Student Affairs
- The Vice Chancellor for Student Affairs shall review the case, the written appeal of the student or organization and other documents provided by the hearing officer, investigator, and student or organization.
- The Vice Chancellor for Student Affairs may take one (1) of the following actions:
- Refer the appeal to appropriate designee if the VSCA believes a review is more appropriate at another level.
- She/he/they may find no prejudicial error and affirm the decision.
- She/he/they may decide that there were prejudicial errors sufficient to require another hearing. In this case, the matter will again be referred to the Office of the Vice Chancellor for Student Affairs and a new hearing, following the misconduct procedures outlined in this Code, will be scheduled.
- She/he/they may reduce the sanction.
3. The Vice Chancellor for Student Affairs will communicate his/her decision, in writing, to the accused, and/or Office of Student Life within fifteen (15) University working days from the date he/she receives the case materials.
- Hearing Officers, Title IX Investigators and Other Judicial Boards
A. Hearing Officers
Campus Hearing Officers consist of the Vice Chancellor for Student Affairs, Director of Student Life and Auxiliaries, Assistant Director of Housing and Student Life, Hall Directors, and those designated by the Vice Chancellor for Student Affairs.
B. Other Judicial Boards
- In order to ensure compliance with all other University regulations not specified in this Code but pertinent to, and required for the orderly use and operation of the University’s residence halls, recreational facilities and programs, and student organizations, the University reserves the right to establish additional judicial jurisdictions and judicial boards as may be required for the purpose of conducting original review and adjudication of all alleged violations of the specific rules and regulations which govern the use and/or operation of these facilities and programs.
- The Vice Chancellor for Student Affairs shall grant authority for the establishment and administration of these additional judicial boards and areas of jurisdiction, as he/she deems appropriate for efficient and effective adjudication.
- These judicial boards may recommend the imposition of sanctions on students or organizations for violations of state rules and regulations to the appropriate University administrative official(s).