Student Handbook |
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Preamble
St. Cloud State University is committed to the creation and maintenance of an academic community which fosters the intellectual, personal, social and ethical development of its students. Respect for the rights of others and self-discipline are essential for the fulfillment of these goals. This Code of Conduct is designed to explain the rights and responsibilities inherent in membership in this community.
Changes in MnSCU Policy
Effective 9/99 (Fall Semester), students who are suspended or expelled from the university for disciplinary reasons will have either "disciplinary suspension" or "disciplinary expulsion" placed on their academic transcript. According to MnSCU policy, students with this notation can be prohibited from transferring to another MnSCU institution. The decision to admit a student with either notation will be up to the receiving institution. This notation can be reviewed after five years from the date of the notation if the student requests a review in writing to the office of Student Life and Development. It is hoped that this change will serve as a deterrent to serious violations of the university Code of Conduct and help create a safer campus community.
Interpretations of Regulations
Disciplinary regulations at SCSU are set forth in writing in order to give students general notice of prohibited conduct. The regulations should be interpreted broadly and are not designed to define misconduct in exhaustive terms. In addition, charges of violations of local ordinances, state or federal laws may subject the student to disciplinary action by the university when said violations occur on campus, on university owned property, during an activity sanctioned by the university, or when behavior on or off-campus adversely affects the university's lawful educational mission, process or function. Examples of off-campus behavior which may be subject to university disciplinary action include but are not limited to the following: selling or otherwise providing alcohol to underage students; selling or distributing illicit drugs, sexual violence and hazing. Sanctions for these offenses generally will result in suspension or expulsion from the University. Violations of the Code of Conduct will be cause for disciplinary action regardless of the action or inaction of civil authorities.
Authority
The university reserves the right to take necessary and appropriate action to protect the safety and welfare of the campus community.
Discipline Responsibility
Responsibility for campus judicial matters is vested in the president of SCSU who routinely delegates to the Vice President for Student Life and Development the task of policy development and adjudication of student conduct issues. Students and staff are asked to assume positions of responsibility within the campus judicial system in order to allow them to contribute their skills and insights to the resolution of disciplinary cases. Final authority in disciplinary matters is, however, vested in the university administration.
Standards of Due Process
Upon receipt of a complaint, incident report or referral, the Associate Vice President for Student Life and Development will review the case and make a determination as to whether the case will be heard by her or referred to The University Judicial Panel. Violation of the Code of Conduct which may subject a student to suspension or expulsion from the university normally may be accorded a judicial panel hearing, except as otherwise noted. Prohibited conduct noted with an asterisk generally will be referred to the judicial panel for resolution unless the accused specifically requests a hearing with the Associate Vice President for Student Life and Development and when final examinations, breaks or other vacation periods would prevent a timely hearing by the judicial panel; or when, in the judgement of the Associate Vice President for Student Life and Development, appearing before the judicial panel poses a threat to the physical welfare of panel members or witness(es). Under these conditions or circumstances, the Associate Vice President for Student Life and Development may apply any or all sanctions typically reserved for the judicial panel including suspension or expulsion from the University. Students who violate the terms of university probation may also be referred to the judicial panel. Students subject to less severe sanctions up to and including university probation, normally will be given an administrative hearing by their residence hall director (if living in a residence hall) or the Associate Vice President for Student Life and Development. If multiple offenses are pending, the determination of who adjudicates the case typically will be determined by the most serious offense pending. The focus of inquiry in disciplinary proceedings will be: whether it is more likely than not that the accused violated disciplinary regulation(s). Formal rules of evidence will not be applicable, nor will deviations from prescribed procedures necessarily invalidate a decision or proceeding unless significant prejudice to an accused student or the university exists. The University reserves the right to appoint a designee for any named position in this policy and procedure
Bias Motivated Offenses
Any offense that is motivated by bias may result in stronger penalties. An offense motivated by bias is any offense wherein the accused intentionally selects the alleged victim because of the alleged victim's race, creed, disability, color, religion, national origin, gender, age, marital status, sexual orientation, public assistance status or inclusion in any group or class protected by state or federal law.
