Student Code of Community Standards
Understanding the Student Code of Community Standards
Students at St. Cloud State University are expected to be familiar with the expectations and resolution procedures within the Student Code of Community Standards. They standards outlined in the Student Code of Community Standards provides general guidance and direction and is not intended to cover every conceivable situation. The purpose of the Student Code of Community Standards is to promote and maintain a safe living and learning environment. Questions about the Student Code of Community Standards should be directed to the Dean of Students Office at deanofstudents@stcloudstate.edu or (320) 308-3111
St. Cloud State University reserves the right to amend or develop additional policies or procedures as necessary to ensure the promotion of safety for the community. University officials will make every attempt to communicate changes to those affected in a timely manner.
The Student Code of Community Standards
Please use the toggles below to review and navigate the Student Code of Community Standards. For an alternative format please contact the Dean of Students Office at deanofstudents@stcloudstate.edu or (320) 308-3111.
Introduction
The Student Code of Community Standards is intended to provide an educational and just process to resolve complaints and respond to student behaviors that may violate the standards outlined within the Code. We strive to provide an equitable process that recognizes and values the unique identities and lived experiences within our campus community. We work to minimize the impact of unconscious biases to ensure that every student is treated equitably and without prejudice. We acknowledge that our work towards equity is ongoing and that we must continually seek to improve our policies, procedures, and practices.
St. Cloud State University has developed policies pertaining to students, student organizations, and clubs. Students, student organizations, clubs, faculty, staff, and administrators are expected to be familiar with St. Cloud State University policies and procedures.
Student Rights and Responsibilities
- Student Rights and Responsibilities: The University follows Minnesota State Board Policy 3.1 Student Rights & Responsibilities.
- Process Advisor: Students have the right to an advisor in order to provide education and support to assist the student in developing self-advocacy skills; not to take the student’s place in the process. The role is created to consult, advise, offer support, and provide a resource to the student. The student may choose a process advisor of their choice and at their own expense. The process advisor may be present during resolution procedures but shall not appear in lieu of or speak for the student. If the student’s process advisor is legal counsel, then the University may also have legal counsel present. The role of an advisor is outlined in the University’s Assisting Students with University Policy and Procedure.
- Students with Disabilities: A student requesting an accommodation must follow the appropriate process for requesting an accommodation through Student Accessibility Services, who will review the request and notify the assigned Resolution Coordinator of the accommodation needs related to these processes.
- Good Samaritan Exception: Consistent with the University Alcohol and Other Drugs policy there is a “Good Samaritan” exception when a student in violation of this policy aids another in seeking professional help or in reporting the occurrence of a crime or more serious Student Code of Community Standards violation; that person will not be held accountable for the violation. The application of the “Good Samaritan” exception will be determined by the Resolution Coordinator.
Community Standards
- Community: St. Cloud State University students are expected to engage in behaviors that enhance the well-being of self, others, and the environment. Behaviors that restrict enacting this value include, but are not limited to:
- Disorderly Conduct: Engaging in behaviors (including lewd or indecent acts) that result in a breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University or members of the academic community.
- Disruption to the Academic Environment: Behavior(s) that substantially disrupt or repeatedly interfere with an instructor’s ability to teach and/or a student’s ability to learn and/or other academic endeavors including advising, research, and academic administration.
- Disruptive Demonstration: The participation in an on-campus demonstration which disrupts normal operations of the University and/or infringes on the rights of other members of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
- Violation of any University or Minnesota State policy, rule, or regulation: The violation of any published University or Minnesota State policies, rules, and regulations.
- Violation of any local, state or federal laws or ordinances: The participation in any action(s) that violates a local, state, or federal law, or ordinance, including, but not limited to, laws governing alcoholic beverages, drugs, gambling, sex offenses, indecent conduct, or arson.
- Integrity: St. Cloud State University students are expected to exercise informed and responsible action to address ethical challenges and recognize the ethical implications of their communication. Behaviors that restrict enacting this value include, but are not limited to:
- Academic Dishonesty: Students will fulfill academic obligations honestly and fairly without engaging in cheating, plagiarism, fabrication, collusion, scientific misconduct or other forms of academic dishonesty. These prohibited behaviors are defined in the University’s Academic Integrity Policy.
- Falsification: Acts of falsification include but are not limited to deliberately furnishing false, misleading, or incomplete information to any University official, faculty member, or office; forging or altering official University documents or records without proper authorization; the forgery, misuse, alteration, or transfer of a University-issued identification to another person; falsely claiming to represent the University, a student, student organization or club, faculty, administrator, or staff member of the University; or intentionally making a false report of a bomb, fire, natural disaster, or other emergency to a University official or an emergency service agency.
- Refusal to Identify and Comply: Willfully refusing to identify or falsely identifying one’s self or willfully failing to comply with a proper order or summons when requested by law enforcement personnel, by emergency medical staff responding to an emergency, or by a University official acting within the purview of their job responsibilities.
- Unauthorized Entry: The misuse of access privileges to University properties or facilities and services or private data or unauthorized entry to or use of University facilities, properties, or services; including unauthorized use of an alarmed door, trespassing, or propping doors open for access in and out of University facilities.
- Unauthorized Access: The unauthorized possession, duplication, or use of keys or identification cards or passwords to access any University properties or facilities; including obtaining or providing to another person the means of such unauthorized access, including but not limited to using or providing keys, access cards, passwords, or access codes without authorization.
- Respect: St. Cloud State University students recognize and value diverse perspectives and the interdependence among communities in order to broaden perspectives, encourage collaboration and promote unity. Behaviors that restrict enacting this value include, but are not limited to:
- Discrimination and Harassment: These prohibited behaviors are defined in the Minnesota State Board Policy 1B.1 Equal Opportunity and Nondiscrimination in Employment and Education.
- Hazing: An act which endangers the mental or physical health or safety of a person(s), subjects a person(s) to humiliation or ridicule, or destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a student group, organization, or athletic team.
- Harm to Person(s): Behaviors that intentionally or recklessly endangers the health and safety of any person(s) including oneself.
- Retaliation: Any action(s) or omission resulting in an adverse consequence for an individual who has made a complaint, reported a violation, or participated in the resolution procedure of the Code of Community Standards and/or any University policy.
- Theft: The unauthorized borrowing, or possession, taking or use of any University, public, or private property or service without explicit permission or authorization.
- Threatening Behaviors: Written or verbal behavior(s) that would cause a reasonable person to fear for their safety, or the safety of others or damage to any property.
- Sexual Violence: These prohibited behaviors are defined in the Minnesota State Board Policy 1B.3 Sexual Violence Policy.
- Responsibility: St. Cloud State University students continue to learn, cultivate self-awareness, and personal and civic identity in order to be an ethical and productive difference-makers in a global society. Behavior(s) that restrict enacting this value include, but are not limited to:
- Alcohol: The use, possession, or distribution of alcohol on University premises or University-sanctioned or sponsored events except as expressly permitted by University policy. Violation of local and state alcohol laws off- campus, including but not limited to, underage consumption or sale, hosting or provision of alcohol to underage individuals. This includes any violation of the St. Cloud State University Alcohol and Other Drug Policy.
- Drugs and Other Controlled Substances: Unauthorized use, possession, manufacture, or distribution of any illegal drugs or drug paraphernalia (under both federal or state law). Use or possession of prescription drugs other than by the person prescribed or for use other than the prescribed purpose and/or dosage. Pursuant to federal law, the use of cannabis, including medical use, is prohibited on University Premises and at University Sponsored Activities. This definition is applicable for alleged violations of the St. Cloud State University Alcohol and Other Drug Policy.
- Weapons and Firearms: The illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on University premises or use of any such item as defined in the St. Cloud State University Violence and Weapons policy.
- Shared Violations: Knowingly allowing, or assisting another individual to violate, or failing to appropriately address known or obvious violations of the Student Code of Community Standards.
- Interference with the Student Code of Community Standards: Behaviors that interfere including but not limited to:
- Falsification, distortion, or misrepresentation of information before the Resolution Hearing Panel and/or Resolution Coordinator.
- Disruption or interference with the orderly process of a resolution proceeding.
- Initiation of a resolution proceeding in bad faith or without a justifiable case.
- Attempting to discourage an individual’s proper participating in, or use of, the Student Code of Community Standards resolution process.
- Attempting to influence the impartiality of a member of the Resolution Hearing Panel and/or Resolution Coordinator prior to, and/or during, the resolution proceeding.
- Harassment (verbal or physical) and/or intimidation of a member of the Resolution Hearing Panel or Resolution Coordinator prior to, during, and/or after a Student Code of Community Standards resolution proceeding.
- Failure to comply with the resolution actions implemented under the Student Code of Community Standards.
- Influencing or attempting to influence another person to commit a violation of the Student Code of Community Standards.
Scope of Community Standards
- The Student Code of Community Standards shall apply to all student behaviors that occur on campus or as part of a University sanctioned or sponsored activity.
- The Resolution Coordinator may determine whether the Student Code of Community Standards shall be applied to behaviors occurring off campus, on a case by case basis in their sole discretion. The Student Code of Community Standards shall apply to student behaviors that occur off campus when:
- Hazing is involved; or
- The behavior occurs while participating in a University sanctioned or sponsored activity; or
- The victim of the behavior is a member of the University community; or
- The behavior constitutes a felony under state or federal law; or
- The behavior seriously and/or adversely interferes with or disrupts the education, research or service function of the University.
- The behavior is part of the University’s recruitment or application process.
- Students are members of both the University community and the state. Students are responsible to the community of which they are a part, and they are responsible to the academic community of the University.
- By enforcing the Student Code of Community Standards, the University neither substitutes for nor interferes with other civil or criminal legal processes.
- Allegations of violations of local ordinances, state, or federal laws may subject a student, student organization, or club to the Community Standards resolution process.
- When a student is involved in both a Student Code of Community Standards resolution and a civil or criminal process, the University will decide on the basis of its interests, the interests of affected students, and the interests of the community whether to proceed with its the Student Code of Community Standards resolution process or to defer action.
- Determinations made or outcomes implemented under the Student Code of Community Standards will not be subject to change because criminal charges arising out of the same facts were dismissed, reduced, or resolved relative to student participants.
- Complaints of discrimination, harassment, and sexual violence shall be resolved according to Minnesota State Board Policy 1B.1 Equal Opportunity and Nondiscrimination in Employment and Education Policy and Minnesota State Board Policy 1B.3 Sexual Violence Policy under the direction of the Director of Equal Opportunity & Title IX Coordinator.
- Complaints of academic dishonesty shall be resolved according to the University’s Academic Integrity Policy by the Professor or Instructor of Record. Particularly egregious or repeated violations of the Academic Integrity Policy may be referred for resolution under the Student Code of Community Standards for additional Resolution Actions.
- Students enrolled in various academic majors and programs at the University may also be subject to standards of conduct unique to these programs. Violations of the standards of behavior for these programs may be considered a violation of the Student Code of Community Standards. Students should refer to the program guidelines and course syllabus to learn more about applicable standards of behavior associated with their academic program.
- Complaints against a student after their graduation will not be subject to the procedures outlined in this Code unless that student enrolls at the University again or an exception is determined by the Code Administrator.
- There shall be no established time limit for reporting an incident, though a delay in reporting will limit the ability of the University to investigate and resolve a complaint.
- The Code shall apply to student organizations and may be resolved by appropriate staff within the Department of Campus Involvement staff or other appropriate department staff using the resolution procedures outlined in the Student Code of Community Standards.
- A student organization and its officers may be found collectively and/or individually responsible when violations of the Code by those associated with the student organization have received the tacit or overt consent or encouragement of the organization or of the organization’s leaders, officers, or spokespersons. If more than three (3) organization members are present at a function, it may be considered a student organization sponsored event.
- The officers, leaders, or any identifiable spokesperson for a student organization or club may be directed by the Code Administrator to take appropriate action(s) designed to prevent or end violations of the Code by the student organization or by any persons associated with the student organization who can reasonably be said to be acting on behalf of the student organization.
- Failure to make reasonable efforts to comply with the directives of University representatives shall be considered a violation of the Code by the officers, leaders or spokespersons for the student organization and by the student organization itself
- Behavioral standards and policies outlined in the Student Code of Community Standards should be interpreted broadly and are not designed to define misconduct in exhaustive terms.
Complaint Referral and Inquiry
- Any member of the University community may report a complaint about a potential violation of the Student Code of Community Standards by a student, group, or student organization based upon information available to them.
- For incidents in which the complainant is not a member of the University community, the Code Administrator may decide to proceed with the University as the complainant.
- The complaint should be submitted as soon as possible after the incident and include relevant information including specific name(s), date, location, and narrative description of the actions in sufficient detail to enable the Resolution Coordinator to decide on how to proceed.
- The individual(s) submitting the complaint will be provided a Tennessen Warning Notice and informed of their rights under Minnesota Statute 13.04, subdivision 2.
- The report is reviewed by an assigned Resolution Coordinator to determine if there is sufficient evidence to support the complaint.
- The Resolution Coordinator may dismiss a complaint at any stage of the resolution process if they determine the report is unwarranted or best resolved under a different University procedure.
- The Resolution Coordinator will notify the respondent of the complaint and the option to resolve the complaint through either an Acceptance of Responsibility and Resolution Agreement or Resolution Meeting.
- The notification to the respondent includes:
- A summary of the complaint;
- The alleged violation(s) of the Code;
- Standard of evidence for decision making in a resolution meeting;
- Tennessen Warning;
- Whether the potential resolution actions include suspension and expulsion;
- Their right to an advocate at any point in the resolution process
Resolution Agreement
- A respondent may accept responsibility for the alleged violation(s) of the Code and work collaboratively with the Resolution Coordinator to determine appropriate resolution actions in order to enter into a Resolution Agreement.
- The respondent willingly accepts responsibility for the alleged violation(s) of the Code and agrees to complete the resolution actions developed by the Resolution Coordinator and respondent.
- If applicable, the Resolution Coordinator may consult with the complainant regarding the Resolution Agreement.
- A Resolution Agreement cannot be appealed once completed. As a result, the respondent has the right to review all resolution actions before entering the Resolution Agreement.
- Respondents who do not comply with the terms of the Resolution Agreement or fails to complete resolution actions may result in a new violation of the Student Code of Community Standards or a Resolution Meeting.
- The respondent may also choose to accept responsibility for the alleged violation(s) of the Code and request a Resolution Meeting to determine appropriate Resolution Actions.
Resolution Meeting
- In a Resolution Meeting the Resolution Coordinator uses a preponderance of the evidence to determine if the respondent is responsible for a violation(s) of the code and if applicable assigns a relevant resolution action(s).
- If a respondent does not attend the resolution meeting, the Case Coordinator may proceed with resolving the complaint by reviewing the evidence available at that time, determining responsibility, and if applicable assigning resolution action(s). A respondent who fails to appear for the resolution meeting will be notified in writing of the outcome and available options to appeal. The Resolution Coordinator may also notify the student of a suspension of the process in appropriate circumstances.
- During the resolution meeting the respondent shall have the opportunity to review the complaint and supporting evidence and provide a response to the complaint.
- The respondent has the right to consult with a process advisor during the resolution meeting. The advisor may be present during the meeting but shall not appear in lieu of or speak for the student.
- A respondent shall be notified about the outcome of the Resolution Meeting within a reasonable period of time. The notification to the student comes from the Resolution Coordinator and shall include:
- Findings and a written rationale of decision that summarizes evidence
- Resolution Actions Implemented
- Available options to appeal the outcome of the resolution meeting.
Appealing Resolution Procedures
- Resolution Hearing Panel
- A respondent who is subject to a resolution action of expulsion or suspension for more than nine (9) days may:
- Waive their right to a Resolution Hearing Panel and appeal the outcome of the resolution meeting through an Appeal Review.
- Request a Resolution Hearing Panel prior to the implementation of the resolution action.
- The Resolution Hearing Panel is comprised of student representatives and representatives from faculty and staff.
- The Code Administrator is responsible for convening a Resolution Hearing Panel and for providing appropriate training to members of the panel.
- In hearings involving more than one respondent or a student organization, the Code Administrator may use their discretion to permit the hearing(s) to be conducted separately or jointly.
- Within three (3) business days of receiving a request for a hearing within the prescribed time period, the Code Administrator shall notify the respondent in writing of the time, place, and date of the hearing. Such notice to the student shall also include:
- A statement that the respondent’s failure to appear will not prevent the hearing from proceeding as scheduled
- A summary of the complaint;
- Information on advocates.
- List of evidence to be presented.
- Members of the Resolution Hearing Panel or Resolution Coordinator;
- Notice that the student must provide a summary of their witnesses and documentary evidence that may be presented at the Resolution Hearing within two (2) business days of the scheduled Resolution Hearing.
- The alleged violation(s) of the Code;
- Witness names and the nature of their testimony;
- During the hearing the burden is on the University to establish a preponderance of the evidence to support a violation of the code.
- The hearing will be conducted in the following manner:
- A respondent’s failure to appear shall not prohibit the hearing from occurring at the scheduled date, time and location.
- The Resolution Coordinator who assigned to the resolution meeting (or designee) shall first present the complaint and supporting evidence including witness testimony.
- The respondent shall have an opportunity to challenge evidence.
- The respondent shall next present evidence (including testimony) to refute the complaint and supporting evidence.
- Only those materials and matters presented at the hearing shall be considered as the basis for any decisions related to this process.
- The hearing shall be held in closed session unless the Code Administrator determines there is a legitimate reason and neither the respondent nor the complainant presents an objection.
- The respondent may have a Process Advisor present and may consult with the advisor during the hearing. However, the Process Advisor shall not appear in lieu of or speak for the student.
- The hearing may accommodate concerns for the personal safety, well-being and/or fears of direct contact with the complainant, student respondent and/or other witness. If necessary, as determined by discretion of the Code Administrator the University may provide:
- The use of separate facilities or video conferencing and/or participation by a recorded video or audio file and written statement.
- The presence of security or law enforcement and/or security.
- Other means determined by the Code Administrator.
- Upon conclusion of the hearing, the Resolution Hearing Panel in closed session by a majority vote shall consider the evidence presented and use the evidentiary standard, preponderance of evidence, to determine whether the respondent is responsible for the alleged violation of the code.
- If a preponderance of the evidence is determined and the respondent is found responsible for the alleged violation(s), the Resolution Hearing Panel by a majority vote will implement proportional resolution action(s).
- The respondent is notified about the outcome of the Resolution Hearing within three (3) business days following the scheduled hearing date. The notification shall include:
- A written rationale of decision that summarizes evidence
- Resolution Actions Implemented
- For decisions involving a sanction of expulsion or a suspension for ten (10) calendar days or longer, students shall be informed of their right to a contested case hearing under Minnesota State Statute 14.
- A respondent who is subject to a resolution action of expulsion or suspension for more than nine (9) days may:
- Appeal Review
- A respondent has five (5) business days upon receiving a notification of the outcome to either a Resolution Meeting or Resolution Hearing to appeal the decision or sanction in writing to the Dean of Students (or designee). The Dean of Students (or designee) may waive the five (5) business day limitation when extenuating circumstances are present, as determined by the Dean of Students (or designee).
- An appeal shall be limited to a review for one or more of the following purposes:
- To determine whether the Resolution Meeting or Resolution Hearing was conducted fairly, consistent with the procedure, and whether the student had a reasonable opportunity to prepare a response.
- To determine whether the decision reached regarding responsibility of a policy violation was based on a preponderance of evidence.
- To determine whether the resolution actions implemented were responsive and proportionate to the community standards violated.
- To consider new information not available at the time of the meeting or hearing sufficient to alter a decision or other relevant facts not brought out in the original meeting/hearing, because such information and/or facts were not known to the student appealing at the time of the original meeting/hearing
- The Dean of Students (or designee) shall review the appeal and notify the student of their decision in writing including a rationale statement within five (5) business days.
- If an appeal is approved by the Dean of Students (or designee), the Dean of Students (or designee) may seek additional evidence, determine a new outcome, revise or implement proportional resolution action(s), and take any appropriate action.
- If an appeal is denied by the Dean of Students (or designee), the matter shall be considered final and binding upon all involved except that in cases involving sanctions of expulsion or suspension for ten (10) calendar days or longer, students shall be informed of their right to a contested case hearing under Chapter 14 of Minnesota Statute.
Contested Case Hearings
- A student may appeal a resolution action of ten (10) or more calendar days of suspension or expulsion before an administrative law judge pursuant to Chapter 14 of Minnesota Statutes, which identifies that an appeal may be made to an administrative law judge at the Minnesota State Hearing Examiners Office, St. Paul, Minnesota.
- A student seeking a hearing before an administrative law judge must inform the Code Administrator within five (5) business days of their written notice of suspension or expulsion. If the student does not file an appeal within the five (5) business days, any further right to appeal shall be waived and the decision is considered final
- The attorney assigned by the Attorney General of the State of Minnesota shall represent the University at this hearing. The administrative law judge shall make a report, which contains a recommendation, to the University President.
- Within a period of not less than twelve (12) no more than twenty (20) business days following receipt of recommendation, a decision will be made by the University President. The decision of the University President is final.
- During this appeal process the student shall have the right to attend classes and to receive services related to the University program until a final decision has been made, unless the process is the result of actions deemed by the Dean of Students (or designee) to be harmful or potentially harmful to other persons or property.
Summary Suspension
- A summary suspension may be imposed only when, in the judgment of the Dean of Students (or designee), the 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 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 suspension.
- 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 to resolve the alleged violation(s) of the Code of Community Standards through either a resolution agreement, meeting or hearing within a reasonable time period, not to exceed nine (9) business days.
- While the summary suspension is in place, the student may not enter the University premises nor participate in University sponsored activities without obtaining prior written permission from the Dean of Students (or designee).
Resolution Actions
It is important to note that any resolution actions implemented will be reasonable, proportionate, and in keeping with the University's commitment to fairness and due process. The Resolution Coordinator and/or Resolution Hearing Panel will consider all relevant factors in determining an appropriate resolution action, including the severity of the violation, the student's past record of code violations, and any mitigating circumstances. There may be cases where the Resolution Coordinator and/or Resolution Hearing Panel implement resolution actions that are not specifically outlined in the Student Code of Community Standards. One or more of the following administrative and/or educational resolutions may be implemented for a respondent found responsible for a violation of the Student Code of Community Standards:
- Educational Interventions: Actions that are designed specific to an individual student when it is determined that there may be an educational value to the student and University community in order to align student behaviors with community standards, repair harm to the community, and support student success and wellbeing, including but not limited to:
- Class/Workshop Participation
- Community Service
- Reflection Project
- Modified University Privileges: The denial, restriction, or altered access of specified privileges for a designated period of time including campus activities or physical spaces.
- Mutual No Contact Directive: A University directive that prohibits any direct or indirect physical, verbal, and/or written contact with another individual or group.
- Restitution: Compensation for loss, damage, or injury to the students, organization or university property that suffered harm or loss. This may take the form of appropriate service and/or monetary or material replacement. The University does not use restitution in the form of a fine as a result of a behavior.
- Revocation of Admission and/or Degree: Admission to, or a degree awarded by the University may be revoked for fraud, misrepresentation, or other violation of Community Standards or University policy in obtaining the admission or degree, or for other serious violations that occur prior to graduation.
- University Expulsion: Permanent denial of the privilege of enrollment at the University. Expulsions will be listed on the student’s academic transcript.
- University Probation: A designated period of time during which the student is not in good standing with the University and includes the possibility of more substantial action if additional violations of the Student Code of Community Standards and/or University policy occur. The terms of probation may involve specific behavioral expectations and/or restrictions of University privileges.
- University Suspension: Denial of the privilege of enrollment at the University for a specified period of time after which the student will be eligible to return. Conditions for re-enrollment may be specified. Suspensions lasting more than ten days will be listed on the student’s academic transcript during the suspension period.
- Withholding Degree: The University may withhold awarding a degree otherwise earned until the completion of the resolution process set forth in the Student Code of Community Standard, including the completion of all resolution actions, if any.
- Written Warning: A notice in writing to the student that the student has not met Community Standards and that continuation or repetition of the behavior may result in an additional referral to the Code of Community Standards.
Implementation
- A resolution action shall not become effective during the time in which a student seeks an appeal, unless, in the discretion of the Student Conduct Administrator, it is necessary to implement an immediate resolution action for the safety and welfare of the University community.
Timelines
- Timelines may change at any step in the process based on acceptable documented extenuating circumstances provided all parties are notified in writing.
Interpretation
- Any questions of interpretation regarding the Student Code of Student Conduct shall be referred to the Code Administrator.
- The Student Code of Community Standards shall be reviewed at least every three (3) years under the direction of the Code Administrator.
Maintenance of Records
- Annually, and upon amendment, the University shall notify students of the availability and location of the Student Code of Community Standards. A copy of the Student Code of Community Standards is available at appropriate locations on campus and on the University website.
- Records related to the Student Code of Community Standards are retained for seven (7) years unless the University is aware of, or anticipates any legal action, audit, investigation, or review regarding a specific record. Code of conduct violations and related documentation are part of the student’s educational record and therefore, protected under the Family Educational Rights and Privacy Act (FERPA) and the Minnesota Government Data Practices Act (MGDPA).
- In accordance with Minnesota State Procedure 3.29.1, suspensions or expulsions for disciplinary reasons shall be noted on the transcript with a two-line message. For a suspension, the first line shall read “Disciplinary Suspension” and the second line “Eligible for Reinstatement ‘Term, Year.’” An expulsion shall be noted by a first line reading “Disciplinary Expulsion” and the second line reading “Not Eligible for Reinstatement.” The disciplinary suspension notation shall be removed from the transcript following the date when the student becomes eligible for reinstatement, while the disciplinary expulsion notation is permanent.
Definitions
- Business day: Monday through Friday, except for days in which the University is closed.
- Campus: The land and property owned or controlled by the University, including off-campus facilities used for academic purposes or University sponsored activities.
- Code: The Student Code of Community Standards
- Complainant: A member of the University community filing a complaint of alleged misconduct under the Student Code of Community Standards. In cases where the complaint is filed by a third party or information is provided to the University by a person who does not wish to participate in the process, the University may be the Complainant.
- Code Administrator: The University employee responsible for administrating the Code of Community Standards.
- Group: A number of persons who are associated with each other but who may not have registered as a student organization.
- Hazing: An act which endangers the mental or physical health or safety of a person; subjects a person to public humiliation and/or ridicule; and destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group, student organization, club, or athletic team.
- May is used in the permissive sense.
- Member of the University Community: means a student, faculty, staff, administrator, or any other person serving the University in an official capacity. The Dean of Students or designee shall determine a person’s status in a particular situation.
- Preponderance of Evidence: A standard of responsibility that it is more likely than not that the Code of Community Standards has been violated.
- Process Advisor: An individual who advises a student during the resolution process.
- Policy: The written regulations of the University and the Minnesota State Board or as found in, but not limited to the Student Code of Community Standards, the University and Minnesota State web pages, Student Handbook, Technology Handbook, Residential Life Handbook, Student Organization Handbook, and University policy webpages.
- Privacy/Private: Information or data privacy with regard to the collection, correction, and sharing of data about students and employees. The University is subject to the Family Education Rights and Privacy Act, 20 USC 1232g, and the Minnesota Government Data Practices Act, Minn. Stats, Chapter 13 which limit access to data about students and employees of the University.
- Resolution Coordinator: The University employee designated to preside over procedural matters to the administration of the Student Code of Community Standards.
- Respondent: A student, student organization, or club against whom a complaint has been filed under the Student Code of Community Standards.
- Shall is used in the imperative sense.
- Student means all persons who:
- Are enrolled in one or more courses, either credit or noncredit, through the University; or
- Withdraw, transfer, or graduate, after an alleged violation of the Student Code of Community Standards; or
- Are not officially enrolled for a particular term but who have a continuing relationship with the University; or
- Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid; or
- Live in a University residence hall although not enrolled in the University.
- Student Organization: Any University registered student organization or club.
- Tennessen Warning: To inform those involved in an investigation the purpose and intended use of the requested information; if it is legally required to supply the requested information; any known consequences arising from supplying or refusing to supply information; and who is authorized to receive the information.
- University Premises: All land, buildings, facilities and other property in the possession of, owned, rented, leased, used, maintained, or controlled by the University.
- University means St. Cloud State University.