Student Code of Conduct - Title IX Procedure

There are two separate procedures to address alleged violations of the Student Code of Conduct. These procedures also comply with federal and state requirements for Title IX. The determination of which procedure will be used to resolve alleged violations of the Student Code of Conduct rests with the Vice President for Student Life and Development or designee and are based on the nature of the alleged offenses. Both the Title IX and Student Conduct procedures will follow these steps:

A complaint is filed or information is received.

The complaint is reviewed. Interim measures, including Summary Suspension or Alteration of Privileges may be imposed during the student conduct process.

Determinations about which procedure will be followed will be made and the complainant and respondent will be informed.

Interviews are conducted with individuals associated with the incident and relevant documentation is obtained.

A decision is made as to whether a violation of the Student Code of Conduct occurred and if so, educational sanctions are imposed.

An appeal of the decision may be filed.

Title IX Procedure

Due to the nature of bias motivated and sexual violence offenses, alleged violations will usually be administered through the Title IX procedure under the direction of the Title IX Coordinator. Alleged violations typically adjudicated by this procedure include, but are not limited to sexual violence, rape, sexual assault, harassment, domestic violence and some forms of stalking. The procedure is as follows:

Filing a Complaint

  1. Any person may file a complaint against a student and/or student organization and club for an alleged violation of the Student Code of Conduct. A complaint may be in writing and directed to the Title IX Coordinator.
  2. Complaints should be submitted as soon as possible after the incident.
  3. A third party or University employee may submit a complaint on behalf of, or in lieu of, a student.
  4. The complaint must include information on the alleged act(s) of misconduct in sufficient detail to enable the Title IX Coordinator to make a determination if sufficient information exists to conduct an inquiry into the alleged Student Code of Conduct violations.

Initial Review of a Complaint

  1. Upon receipt of a written complaint or report concerning a St. Cloud State University student, student organization or club, the Title IX Coordinator shall review the complaint and perform a preliminary inquiry. The Title IX Coordinator or designee reserves the right to refer any complaint to another University official, process or office for further action.
  2. If it is determined that there are no Title IX related conduct violations the Title IX Coordinator shall refer other alleged conduct violations to appropriate university offices. To determine if there is sufficient basis to believe that a violation of the Student Code of Conduct may have occurred, the Title IX Coordinator may conduct interviews or obtain additional information.
  3. Interim measures may be taken by the University during the inquiry process. This may include, but not limited to: student, organization and club contact directives, residential accommodations and academic modifications.
  4. If the inquiry results in sufficient information to support the complaint, the Title IX Coordinator shall send a written notice to the student and/or student organization and club. The written notice will include the basis of the complaint, the behavior the allegedly violates the Student Code of Conduct, and will inform the student and/or student organization and club of a pending investigation.

Investigation

  1. The Respondent will be provided an opportunity to respond to the complaint, present relevant information, and may be provided with additional information regarding the complaint during the investigative process. The Complainant and witnesses may also be interviewed.
  2. Students must meet with the Title IX Investigator if requested, but may choose not to provide information or otherwise participate in the investigation process. Decisions will be made based on available information, and a student’s decision not to participate will not delay or deter the investigation from completion.
  3. Students who participate in the investigative process will have four days to review the transcript of their interview once notified.
  4. Complainants and Respondents will periodically be provided information on the progress of the investigation.

Decision

  1. When an investigation has been completed, the Investigator will submit it to a Decision-maker assigned by the Title IX Coordinator.
  2. Title IX decisions and information on the appeal process will be communicated in writing to the Respondent and Complainant.
  3. The Respondent will be informed of any educational sanctions assigned for any finding of “responsible” that a violation of the Student Code of Conduct occurred.
  4. The Complainant and Respondent will have four days to appeal a Title IX decision as outlined in the Appeals section of the Student Code of Conduct.
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