St. Cloud State University

Disciplinary Process

Disciplinary procedures have been established to guide the fair and uniform enforcement of the Code of Conduct. These procedures are applicable to any student or student organization charged with a violation of the Code of Conduct. These disciplinary procedures are designed to allow for fact finding and decision making in the context of an educational community, and to encourage students to accept responsibility for their own actions. The intent is to provide adequate procedural safeguards to protect the rights of the individual student and the legitimate interests of the university. The university may utilize mediation or conciliation procedures in addition to, or in lieu of, formal disciplinary procedures.

Student Rights

The guiding principle of university regulations is to promote student responsibility and accountability. It is a firm belief of SCSU that students accused of a code violation should enjoy certain rights. Every accused student has a right to:

1. a hearing and an avenue for appeal;
2. have no code violation presumed until proven otherwise;
3. a timely hearing;
4. an adviser selected from among currently enrolled students, staff or faculty members if the student is asked to appear before the judicial panel. An advisor or an attorney may not speak for the student. Only the accused student may appeal the descision. [Unless specifically requested, and approved by the Associate Vice President for Student Life and Development, the use of an attorney will be limited to students who have criminal or civil charges pending in addition to pending Code of Conduct violation(s).];
5. call material witnesses from the university community;
6. a separate hearing upon request unless the charge is brought as an organizational offense;
7. question their accuser;
8. question any material witnesses or evidence;
9. challenge the participation of a specific judicial hearing panel member(s) for cause prior to the hearing; and,
10. waive any of the above rights provided that it is done of the student's own free will.

* An adviser or an attorney may not speak for the student.
* Only the accused student may appeal the decision.

Victim Rights

The university also firmly believes that students have a responsibility to report student code violations. In order to encourage reporting, the university ensures the complainant and/or victim has the right to:

1. an advocate present during the hearing process;
2. a timely hearing;
3. be present during the entire hearing; and
4. question material witnesses and/or evidence.
5. In the event the case involves criminal sexual behavior, the victim has the right to have her/his past sexual history kept private. The victim may prepare a victim impact statement for submission to the judicial panel or hearing officer if a code violation has been found to have occurred.