Student Code of Conduct - Definitions

Adviser means an individual who has agreed to assist a student and/or student organization during a student conduct process. The Complainant and Respondent may select an Adviser of their own choosing and at their own expense. The Adviser may be present during student conduct proceedings but may not appear in lieu of, or speak for, the Respondent or Complainant.

Complainant means any person filing a complaint of alleged misconduct under the Student Code of Conduct. 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.

Confidential University staff and faculty will protect information about students and keep it in confidence as required by federal and state law disclosing it only as appropriate. The University cannot guarantee confidentiality to those who report incidents of sexual violence except where those reports are privileged communications with licensed health care professionals. Some off-campus reports also may be legally privileged by law, such as reports to clergy, private legal counsel, or health care professionals.

Day means a day when the University is open for business, regardless of whether classes are in session. When determining any deadlines set forth in the Student Code of Conduct, references to a number of “days” shall not include the day of the event, a weekend, established University holiday or official University break.

Decision-maker is a University appointed official tasked with making decisions of responsibility and imposing educational sanctions in student conduct matters.

Expulsion is defined as permanent denial of the privilege of enrollment at the University.

Group means a number of persons who are associated with each other but who may not have registered as a student organization.

Harassment means to engage in intentional conduct in which a person knows or has reason to know would cause a person under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated.

Hazing is defined as 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, or athletic team.

Health means physical or mental wellbeing.

Inquiry-is the activity initially performed by university staff to determine whether a full investigation is required. This may be described as a preliminary investigation and may include review of documents, interviews or other activities. It is often a step in the MnSCU Board of Trustees Procedure 1B.1.1.

Investigation is a full investigative process to look into complaints, policy violations or allegations of misconduct that will result in Findings of Fact to be reviewed by a Decision maker.

Investigator means any person assigned by the University to investigate a complaint.

May is used to connote a permissive decision or action.

Member of the University community means any person who is a student, faulty, staff, administrator, or any other person serving the University in an official capacity. The Vice President for Student Life and Development or designee shall determine a person’s status in a particular situation.

Preponderance of evidence is defined as a standard of responsibility that it is more likely than not that the Student Code of Conduct has been violated.

Plagiarism includes, but is not limited to the use by paraphrase or direct quotation the published or unpublished work of another person without full and clear acknowledgment; unacknowledged use of materials prepared by another person or agency engaged in selling or otherwise providing term papers or other academic materials or sale or distribution of class notes without the instructors’ permission.

Policy means the written regulations of the University and the Minnesota State Colleges and Universities (MnSCU) Board as found in, but not limited to the Student Code of Conduct, the University and MnSCU web pages, Student Handbook, Technology Handbook, Residential Life Handbook and the University Catalog.

Privacy/Private means 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.

Respondent means a student, student organization or club against whom a complaint has been filed under the Student Code of Conduct.

Retaliation is any form of intimidation, reprisal or harassment against an individual because he or she made a complaint, assisted or participated in an investigation or process. Retailiation also occurs when one associated with a person or group of persons who are disabled or are of a different race, color, creed, religion, sexual orientation, gender identity, gender expression, or national origin is intimidated, harassed or suffers repraisal.

Shall and will are used to connote a mandated or required action or result.

Stalking means a pattern of harassment in which a person knows, or has reason to know, would cause a person under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated; and causes this reaction on the part of that person.

Student means all persons who:

  1. Are enrolled in one or more courses, either credit or noncredit, through the University; or
  2. Withdraw, transfer or graduate, after an alleged violation of the Student Code of Conduct; or
  3. Are not officially enrolled for a particular term but who have a continuing relationship with the University; or
  4. Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid; or
  5. Live in a University residence hall or Coborn Plaza although not enrolled in the University.

Student Conduct Administrator means a person designated by the University to be responsible for administering the Student Code of Conduct in any incident.

Student employee means a student who is employed by, or receives payment for services from the University.

Student Organization or Club means any registered student organization or club.

Suspension means the denial of the privilege of enrollment for a specified period of time after which the student may be eligible to return to the University. Conditions for re-enrollment may be specified.

Title IX is federal legislation that states that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity.

Title IX Coordinator is the University official responsible for Title IX compliance and oversees Deputy Coordinators and Investigators for the Title IX conduct process.

University premises means all land, buildings, facilities and other property in the possession of, owned, rented, used, maintained or controlled by the University.

University means St. Cloud State University.

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