Student Code of Conduct - Student Conduct Procedures

Filing a Complaint

  1. Any person may file a complaint against a student, student organization or club for an alleged violation of the Student Code of Conduct. A complaint shall be in writing and directed to a Student Conduct Administrator.
  2. Complaints should be submitted as soon as possible after the incident.
  3. The complaint must state facts, including 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 on how to proceed.
  4. A Student Code of Conduct complaint may be filed against a student, student organization or club also charged with a violation of a local ordinance, state, or federal law. Proceedings under the 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 educational sanctions imposed shall not be subject to change because civil or criminal charges arising from the same facts were dismissed, reduced, or resolved in favor of or against the student, student organization or club.

Initial Review

  1. Upon receipt of a written complaint or incident report against a St. Cloud State University student, student organization or club, a Student Conduct Administrator shall review the complaint, make a determination as to whether an investigation is warranted, 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.
  2. The Vice President for Student Life and Development or designee reserves the right to refer any complaint to another University official, process or office for further action.
  3. 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 conduct interviews or obtain additional information.
  4. If there is sufficient information to support the complaint, the Student Conduct Administrator shall send a written notice to the student, student organization or club. The written notice will include the basis of the complaint, the behavior that allegedly violates the Student Code of Conduct, and notification of their responsibility to meet with a Student Conduct Administrator.
  5. The notice will be sent through one or more official means of communication including HuskyNet 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.
  6. If a student, student organization or club fails to respond to the written notice the Student Conduct Administrator may review the available information and act upon the complaint in the student, student organization or club’s absence and they will be notified in writing of actions taken, educational sanctions assigned and provided an opportunity to appeal.

Informal Student Conduct Meeting

  1. The student, student organization or club 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.
  2. The student, student organization or club may seek resolution through an informal student conduct meeting or request a formal student conduct hearing with a Student Conduct Administrator or the University Student Conduct Board.
  3. If the student, student organization or club decides on an informal student conduct meeting, they will then have an opportunity to accept or not accept responsibility for any alleged violation. If the student, student organization or club does not accept responsibility, the Student Conduct Administrator may make a decision after considering the available information.
  4. The Student Conduct Administrator shall inform the student, student organization or club in writing of the decision, including any educational sanctions. The student, student organization or club may appeal any educational sanctions.

Formal Student Conduct Hearing

  1. Students, student organizations or clubs 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 student conduct hearing with another Student Conduct Administrator, if requested by the student, student organization or club or by the Student Conduct Administrator.
  2. Respondents will be given no less than four days’ written notice of the date, time and location of the formal student conduct hearing. The notice will also include written documentation of the complaint, and the alleged Student Code of Conduct violations. A student, student organization or club’s failure to appear shall not prevent the hearing from proceeding as scheduled.
  3. The Respondent will have an opportunity at the formal student conduct hearing to respond to the complaint and to present relevant information and witnesses.
  4. After the hearing, the Respondent will receive a written notice of the Student Conduct Administrator’s determination of whether or not a violation of the Student Code of Conduct was established. The notice will include any assigned educational sanctions.
  5. The student, student organization or club may appeal the decision and/or any educational sanction.

University Student Conduct Board

General Information

  1. Students, student organizations or clubs alleged to have violated the Student Code of Conduct for which a finding of “responsible” may result in suspension or expulsion from the University and the alleged violations are not being adjudicated through the Title IX process are normally accorded a hearing with the University Student Conduct Board.
  2. The Vice President for Student Life and Development or designee may apply any/all educational sanctions, including suspension or expulsion from the University when final examinations, official closure of the University or breaks would prevent a timely hearing. This may also occur 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.
  3. The University Student Conduct Board will be composed of five trained members: three students and two faculty or staff members. One member will be designated the chairperson and preside over the hearing.
  4. 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.
  5. In order to preserve the confidential nature of the student conduct process and to protect the privacy of all parties, University Student Conduct Board hearings will be closed.
  6. University Student Conduct Board hearings will be recorded. The University is not responsible for technical malfunctions. 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 the transcription will be shared equally between the Respondent and the University.

Procedures

  1. The Student Conduct Administrator will send a written notice to the student, student organization or club no less than five days prior to the University Student Conduct Board hearing via HuskyNet email, to the campus address of an on-campus student and/or certified mail to the address listed with the Office of Records and Registration, and will include:
    • The date, time, and location of the University Student Conduct Board hearing;
    • the alleged violations of the Student Code of Conduct in sufficient detail to enable the Respondent to prepare a response;
    • Notice of the student, student organization or club’s right to an Adviser; and
    • The names of the University Student Conduct Board members selected for the hearing.
  2. At least three days prior to the hearing, the student, student organization or club will receive:
    • The names of witnesses who may be called to speak on behalf of the University and/ or Complainant; and
    • Copies of all documents or written statements to be presented by the University at the hearing.
  3. At least three days prior to the hearing, the student, student organization or club will provide the Student Conduct Administrator:
    • Any written documentation they wish to be included in the hearing; and
    • Names and relevancy of testimony to the incident of witnesses who will be called by them. It is the responsibility of the Respondent to notify these witnesses of the time, date and location of the hearing.
  4. 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 request to the Student Conduct Administrator setting forth the basis for the request no later than three days prior to the University Student Conduct Board hearing. The Student Conduct Administrator will determine whether to sustain or deny the request. If the request is sustained, a replacement will be appointed.
  5. The student, student organization or club will be afforded an opportunity to meet with a Student Conduct Administrator prior to the hearing to discuss the process.
  6. A representative of the University will present the information informing the allegations 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.
  7. Witnesses will be asked to leave the University Student Conduct Board hearing following their testimony. Any witness may be recalled. The Complainant and Respondent may remain throughout the hearing. Character witnesses are permitted to testify in the sanctioning phase if a student, student organization or club is found responsible for a violation of the Student Code of Conduct.
  8. Usually, the order of presentation at the University Student Conduct Board hearing will be as follows:
    • The University Representative and the Respondent may present an opening statement.
    • The University Representative and the Respondent may provide written documentation and call relevant witnesses.
    • 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.
    • Following the witnesses, a closing statement may be presented by the University Representative and the Respondent.

Deliberations and Recommendations

  1. Only members of the University Student Conduct Board and the Board’s Adviser may be present during deliberations.
  2. A simple majority of votes is necessary to reach a finding of responsibility that a Student Code of Conduct violation more likely than not occurred.
  3. If a Respondent is found responsible for one or more violations, the hearing will proceed to the sanctioning phase. The University Representative and the Respondent may introduce additional information and/or witnesses during this phase.
  4. At the conclusion of the educational sanctioning phase, the University Student Conduct Board will deliberate and render a recommendation in writing to the Decision-maker.
  5. The Decision-makers will review the process and recommendation and notify the Respondent of the decision in writing.
  6. The Respondent has three days to appeal the decision according to the appeal procedure found in the Student Code of Conduct.
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