St. Cloud State University Student Handbook

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 Student 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.

Violations of the Student Code of Conduct which may subject a student to suspension or expulsion from the University normally will be accorded a University Student Conduct Board hearing, except when final examinations, the University is officially closed, or breaks and holiday periods would prevent a timely hearing by the University Student Conduct Board; or when, in the judgment of the Vice President for Student Life and Development or designee, appearing before the University Student Conduct Board poses a threat to the physical well-being or safety of individuals involved in the process or is not in the best interest of the student and/or University. Under these 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.

Conduct records are kept on file for seven (7) years. 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 Student Code of Conduct violation(s). Students and/or student organizations that violate the terms of University Probation may be referred to the University Student Conduct Board. 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. The adviser may be present at conduct proceedings 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 Student Conduct Administrator or University Student 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.

If a student has been notified of an alleged violation of the Student Code of Conduct and prior to a hearing withdraws or does not enroll for the next semester, a hold may be placed on the student’s registration until the alleged violation is addressed.

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 a Student Conduct Administrator.

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 Student Conduct Administrator 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 ordinance, 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 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, a Student Conduct Administrator 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 Student Conduct Administrator. Such disposition shall be final and there shall be no subsequent proceedings.
To determine if there is sufficient basis to believe that a violation of the Student Code of Conduct may have occurred, the Student Conduct Administrator may interview the Complainant, Respondent and/or other witnesses, or request additional information from others. The Student Conduct Administrator 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 Student Conduct Administrator 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 a Student Conduct Administrator.
The notice will be sent through one or more official means of communication including HuskyNet, campus mail (for on-campus residents) or to the address recorded by the Office of Records and Registration. Students are expected 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 Student Conduct Administrator 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.
The Vice President for Student Life and Development or designee reserves the right to refer any complaint to another University official or the University Student Conduct Board.

Informal Student 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 accepting or not accepting responsibility for the alleged violation(s).
The student and/or student organization can make a decision at that time to seek a resolution through the informal conduct meeting process or request a formal conduct hearing with a Conduct Administrator or the University Student Conduct Board.
If the student and or student organization decides on an informal conduct meeting, the student and/or student organization will then have an opportunity if charged with a violation of the Student Code of Conduct to accept or not accept responsibility for that violation. After considering the information available, the Conduct Administrator may make a decision at that time.
The Conduct Administrator shall inform the student and/ or student organization in writing of their decision, including any applicable educational sanctions. The student and/or student organization can appeal any sanction(s), according to criteria and procedures established in the Student Code of Conduct.

Formal Student 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 another Conduct Administrator, if so requested by the student(s) and/or student organization(s) or determined by the Conduct Administrator.

Respondents will be given no less than five (5) business days 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. The notice will also include any applicable sanction(s) that have been imposed and the option to appeal according to criteria and procedures established in the Student Code of Conduct.

University Student Conduct Board

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 Student Conduct Board.

The University Student Conduct Board will be composed of five (5) members: three (3) students, and two (2) faculty or staff members. One member will be designated the chairperson and preside over the hearing.

A student has a right to an adviser at the University Student Conduct Board hearing. If the Respondent is advised by an attorney, the University reserves the right to also have an attorney present.

In order to preserve the confidential nature of the conduct process and to protect the privacy of all parties, University Student Conduct Board hearings will be closed. University Student Conduct Board hearings will be audio recorded. The Respondent may obtain a copy of the hearing transcript by making a request in writing to the Vice President for Student Life and Development or designee. The cost of transcribing the hearing will be shared equally between the Respondent and the University. The University is not responsible for technical malfunctions.

University Student Conduct Board Procedures

The Conduct Administrator will send a written notice to the student and/or student organization no less than five (5) business days prior to the date of the University Student Conduct Board hearing. The notice to appear will be delivered to the student and/or student organization by HuskyNet email or be sent by certified mail to the address listed with the Office of Records and Registration, and will include:
1. a statement of the date, time, and location of the University Student Conduct Board hearing;
2. a written statement specifying the alleged violations of the Student Code of Conduct in sufficient detail to enable the Respondent to prepare a response;
3. notice of student's and/or student organization’s right to an adviser; and
4. list of the names of the University Student Conduct Board members selected for the hearing.
At least three (3) business days prior to the University Student Conduct Board hearing, the student and/or student organization will receive:
1. a list of the names of the material witnesses who may be called to speak at the University Student Conduct Board hearing on behalf of the University and/or Complainant; and
2. copies of all documents or written statements to be presented by the University at the University Student Conduct Board hearing.
At least three (3) business days prior to the University Student Conduct Board hearing, the student and/or student organization will provide the Conduct Administrator 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 Student Conduct Board member on the grounds of personal bias by submitting a written statement to the Conduct Administrator setting forth the basis for the challenge no later than three (3) business days prior to the University Student Conduct Board hearing. The Conduct Administrator will determine whether to sustain or deny the request. If the request is sustained, a replacement will be appointed to serve on the University Student Conduct Board.
The student and/or student organization will be afforded an opportunity to meet with the Conduct Administrator to discuss the University Student Conduct Board hearing process prior to the 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.
Material witnesses will be asked to leave the University Student Conduct Board hearing following their testimony. The Complainant and Respondent may remain throughout the entire hearing.
Usually, the order of presentation at the University Student Conduct Board hearing will be as follows:
1. The University Representative and/or Complainant will present an opening statement.
2. The Respondent may present an opening statement.
3. The Chairperson will call witnesses for the University or Complainant to provide statements.
4. The Chairperson will call witnesses for the Respondent to provide statements.
5. At the conclusion of each witness' statement, he/ she may be questioned by the Respondent, Complainant and/or University Representative and by members of the University Student Conduct Board. Any witness may be recalled.
6. Following the witnesses, summations may be presented.

University Student Conduct Board Deliberations and Recommendations

Only members of the University Student Conduct Board and the Board’s Adviser 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.
If a Respondent is found responsible for one or more violations, the hearing will proceed to the sanctioning phase. The University Representative and/or Complainant may introduce additional information and /or witnesses at that time. The Respondent may also introduce information and/or witnesses.
At the conclusion of the sanctioning phase, the University Student Conduct Board will deliberate and render its sanction recommendation to the Student Conduct Administrator in writing. The Student Conduct Administrator 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 be delivered or sent by certified mail to the 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.

A student who is summary 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.

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 summary suspension or alterations 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 Vice President for Student Life and Development or designee.