Student Code of Conduct - Conduct Responsibility and Procedures
Conduct Responsibility
Responsibility for University student conduct matters is vested in the President of St. Cloud State University who delegates to the Vice President for Student Life and Development the task of policy development and adjudication of student conduct matters. Students, faculty and staff are asked to assume positions of responsibility by serving on the University Conduct Board. Final authority in conduct matters is, however, vested in the University Administration.
University Conduct Procedures
University Conduct procedures have been established to guide the fair and uniform interpretation and enforcement of the St. Cloud State University Student Code of Conduct. These procedures are applicable to any student or student organization charged with a violation of the Student Code of Conduct. These conduct procedures are designed to allow for fact finding, 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 focus of inquiry in conduct proceedings will be whether it is more likely than not that the respondent violated the Student Code of Conduct. Formal rules of evidence will not be applicable, nor will deviations from prescribed procedures necessarily invalidate a decision or proceeding unless significant prejudice to a respondent and/or student organization or the University exists. Conduct records are kept on file for seven years.
Violations of the St. Cloud State University Student Code of Conduct which may subject a student to suspension or expulsion from the University normally will be accorded a University Conduct Board hearing, except when final examinations, breaks or other vacation periods would prevent a timely hearing by the University Conduct Board; or when, in the judgment of the Vice President for Student Life and Development or designee, appearing before the University Conduct Board poses a threat to the physical well-being or safety of individuals involved in the process. Under these conditions or circumstances, the Vice President for Student Life and Development or designee may apply any and/or all sanctions, including suspensions or expulsions from the University. Suspensions lasting more than ten (10) business days or expulsion from the University will be listed on the student's official academic transcript.
After a period of five (5) years, the student may make a request in writing to the Vice President for Student Life and Development that the notations of conduct action be removed from their transcript. Decisions will be made based on the circumstances surrounding the request and the original offense.
Students and/or student organizations who violate the terms of University probation may be referred to the University Conduct Board. If multiple offenses are pending, the determination of who adjudicates the case typically will be determined by the most serious offense pending. The University may utilize mediation or conciliation procedures in addition to, or in lieu of, formal conduct procedures.
Students and/or student organizations may be assisted by an adviser of their own choice and at their own expense. An adviser is limited to advising the student and/or student organization. The adviser may be present at the hearing but may not speak or participate in a hearing, except to advise the student and/or student organization. An adviser may not appear in lieu of the student and/or student organization.
If a student and/or student organization fails to respond to a notice of a conduct hearing, the Conduct Administrator or University Conduct Board may review the information that is available and act upon the complaint in the student or student organization’s absence. The student and/or student organization will be notified in writing of the actions taken, any sanctions (if applicable), and the opportunity to appeal decisions according to criteria and procedures established in the Student Code of Conduct.
Filing a Complaint
- Any person may file a complaint against a student and/ or student organization suspected of violating the Student Code of Conduct. A complaint shall be in writing and directed to the Assistant Dean of Students or designee.
- Complaints should be submitted as soon as possible after the incident.
- The complaint must state facts, including the specific name(s), date, location, and description of the alleged act(s) of misconduct in sufficient detail to enable the Assistant Dean of Students or designee to make a determination as to what fact finding is necessary and if sufficient information exists for an informal meeting on the alleged Student Code of Conduct violation.
- A Student Code of Conduct complaint may be filed against a student and/or student organization that has also been charged with a violation of a local, state, or federal law. Proceedings under the St. Cloud State University Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings at the discretion of the University. Determinations made or sanctions imposed shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of the St. Cloud State University Student Code of Conduct were dismissed, reduced, or resolved in favor of or against the student and/or student organization.
Initial Review of a Complaint
- Upon receipt of a written complaint, or incident report against a St. Cloud State University student and/or student organization, the Assistant Dean of Students or designee shall review the complaint, make a determination as to whether an investigation of allegations needs to be conducted, and/or if the situation can be disposed of by mutual consent of the persons involved on a basis acceptable to the Assistant Dean of Students or designee. Such disposition shall be final and there shall be no subsequent proceedings.
- The Vice President for Student Life and Development or designee reserves the right to refer any complaint to a University official other than the Assistant Dean of Students or the University Conduct Board.
- To determine if there is sufficient basis to believe that a violation of the Student Code of Conduct may have occurred, the Assistant Dean of Students or designee may interview the complainant, respondent and/or other witnesses, or request additional information from others. The Assistant Dean of Students or designee will conduct a preliminary review of the complaint to determine whether the alleged conduct could result in suspension or expulsion from the University.
- If there is sufficient evidence to support the complaint, the Assistant Dean of Students or designee shall send a written notice to the student and/or student organization. The written notice will include the basis of the complaint, the behavior that allegedly violates the Student Code of Conduct, and will inform the student and/or student organization of their responsibility to meet with the Assistant Dean of Students or designee.
- The notice will be sent through one or more official means of communication including HuskyNet, campus mail (for on-campus residents) or to the local or permanent address as recorded by Records and Registration. Students are expected to maintain a current address with the University and to notify the Office of Records and Registration when they change addresses.
- If a student and/or student organization fails to respond to the written notice, the Assistant Dean of Students or designee may review the information that is available and act upon the complaint in the student and/or student organization’s absence. The student and/or student organization will be notified in writing of the actions taken, any sanctions (if applicable), and the opportunity to appeal decisions according to criteria and procedures established in the Student Code of Conduct.
Informal Conduct Meeting
- The student and/or student organization will be given an opportunity to read and respond to the written complaint, present relevant information, and be provided with the nature of any other information regarding the complaint prior to making a decision to seek an informal resolution or request a formal conduct hearing.
- The student and/or student organization will have an opportunity if charged with a violation of the Student Code of Conduct to accept responsibility for that violation and to request an informal resolution with the Conduct Administrator reviewing the complaint or to request a formal conduct hearing.
- If the student and/or student organization accepts responsibility, the Conduct Administrator shall inform the student and/or student organization in writing of their decision, including if any applicable educational sanctions. The student and/or student organization can appeal any sanctions imposed according to criteria and procedures established in the Student Code of Conduct.
Formal Conduct Hearing
Students and/or student organizations alleged to have violated the Student Code of Conduct, who dispute the complaint, and who are not subject to suspension or expulsion are entitled to a formal conduct hearing with a Conduct Administrator or the University Conduct Board.
- The Respondent will be given no less than five (5) days advance notice in writing of the time, place, and date of the formal conduct hearing. The notice will also include written documentation of the complaint, and the alleged Student Code of Conduct violations. A student’s and/or student organization’s failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled.
- The Respondent will have an opportunity at the formal conduct hearing to respond to the complaint and to present relevant information and witnesses.
- The Respondent will receive a timely written notice of the Conduct Administrator’s determination of whether or not a violation of the Student Code of Conduct was established (“responsible” or “not responsible”) by a preponderance of evidence once the conduct hearing has ended and deliberations have been concluded. The notice will also include any applicable sanction(s) that have been imposed and the option available to appeal according to criteria and procedures established in the Student Code of Conduct.
University Conduct Board
- The Conduct Board will be composed of students, faculty and staff.
- The Conduct Board will be composed of five (5) members: three (3) students, and two (2) faculty and staff members. One member will be designated the chairperson by the Associate Vice President for Student Life and Development and Dean of Students or designee.
- If the respondent is advised by an attorney at the University Conduct Board Hearing, the University reserves the right to have an attorney present at the hearing.
University Conduct Board Procedures
Students and/or student organizations alleged to have violated the Student Code of Conduct for which a finding of “responsible” could result in suspension or expulsion from the University are normally accorded a hearing with the University Conduct Board.
- The Assistant Dean of Students or designee will prepare and
send a written notice to the student and/or student
organization no less than five (5) business days prior to the
date set for the University Conduct Board hearing. The
notice to appear will be delivered to the student and/or
student organization by HuskyNet email or certified mail to
the last known address listed with the Office of Records and
Registration, and will include:
- a statement of the date, time, and location of the University Conduct Board hearing;
- a written statement specifying the alleged violations of the Student Code of Conduct in sufficient detail to enable the respondent to prepare a response;
- notice of student's and/or student organization’s right to an adviser; and
- a list of the names of the University Conduct Board members selected for the hearing.
- At least three (3) business days prior to the University
Conduct Board hearing, the student and/or student
organization will receive:
- a list of the names of the material witnesses who may be called to speak at the University Conduct Board hearing on behalf of the University and/or complainant; and
- copies of all documents or written statements to be presented by the University at the University Conduct Board hearing.
- At least three (3) business days prior to the University Conduct Board Hearing, the student and/or student organization will provide the Assistant Dean of Students or designee any written documentation to be presented at the hearing by them, the respondent, and the names of any material witnesses who will be called by them, the respondent, at the hearing. It is the responsibility of the respondent to notify these witnesses of the time, date and location of the hearing.
- The respondent may request the removal of a member of the University Conduct Board member on the grounds of personal bias by submitting a written statement to the Assistant Dean of Students or designee setting forth the basis for the challenge no later than three (3) business days prior to the University Conduct Board hearing. The Assistant Dean of Students or designee will determine whether to sustain or deny the request. If the request is sustained, a replacement will be appointed to serve on the University Conduct Board.
- The student and/or student organization will be afforded an opportunity to meet with the Assistant Dean of Students or designee to discuss the University Conduct Board hearing process prior to the hearing.
- In order to preserve the confidential nature of the conduct process, and to protect the privacy of all parties, University Conduct Board hearings will be closed.
- The appointed chairperson will preside over the University Conduct Board hearing.
- A representative of the University will present the information which supports the charge(s) and will have the burden of showing that it is more likely than not that a violation of the Student Code of Conduct has occurred.
- The University Conduct Board hearing will be recorded. Copies of the recording may be obtained by the student and/or student organization by making a request in writing to the Assistant Dean of Students or designee. The University is not responsible for technical malfunctions.
- Material witnesses will be asked to leave the University Conduct Board hearing following their testimony. The complainant and respondent may remain throughout the entire hearing.
- Usually, the order of presentation at the University Conduct
Board hearing will be as follows:
- The University representative and/or complainant will present an opening statement.
- The respondent may present an opening statement.
- The Chairperson (if applicable) will call witnesses for the University or complainant to provide statements.
- The Chairperson (if applicable) will then call witnesses for the respondent to provide statements.
- At the conclusion of each witness statement, the witness may be questioned by the respondent, complainant and/or University representative and by members of the University Conduct Board. Any witness may be recalled.
- Following the witnesses, summations may be presented.
University Conduct Board Deliberations and Recommendations
- Only members of the University Conduct Board and their advisor may be present during deliberations.
- A simple majority of votes is necessary to make a recommendation that a Student Code of Conduct violation more likely than not occurred.
- The University Conduct Board will render its recommendation to the Assistant Dean of Students or designee in writing. The Assistant Dean of Students or designee will review the process and recommendation and notify the respondent of the final decision in writing.
- The respondent has the right to appeal the decision according to criteria and procedures established in the Student Code of Conduct.
Summary Suspension
At any time following the submission of a written complaint, the Vice President for Student Life and Development or designee may alter or suspend the rights of a student to be present on University premises and/or to attend classes for an interim period prior to resolution of the conduct proceeding. The Vice President for Student Life and Development or designee will base their decision on whether the allegation is apparently reliable and whether the continued presence of the student on University premises reasonably poses a threat to the physical or emotional condition and well-being of any individual, including the student, or for reasons relating to the safety and welfare of any University property, or any University function.
The decision to alter or suspend the rights of a student for an interim period will be communicated in writing to the student, and will become effective immediately. Notification will either be delivered or sent by certified mail to the last, current address provided to the Office of Records and Registration and through HuskyNet email. Failure or refusal to take receipt of notification will not negate or postpone said action.
The summary suspension or altered privileges will remain in effect until a final decision has been made on the pending complaint or until the Vice President for Student Life and Development or designee determines that the reason for imposing the interim suspension or alteration of privileges no longer exists.
The student shall be provided an opportunity for a formal or informal hearing within a reasonable time period, not to exceed nine (9) business days. During the summary suspension, the student may not enter the campus without obtaining prior permission from the designated administrator.
A student who is suspended or has their privileges altered for an interim period will be provided an opportunity to respond to the allegations of misconduct to the Vice President for Student Life and Development or designee no later than two (2) business days following the effective date of the summary suspension.


