Student Handbook

Student Code of Conduct - Definitions

Adviser means an individual who has agreed to assist a student, student organization or club during a student conduct process. The Complainant and Respondent may select an Advisor of their own choosing and at their own expense. The Advisor may be present during student conduct proceedings but may not appear in lieu of or speak for the Respondent or Complainant.

Altered Privileges means a student is restricted from select activities or physical spaces on campus for a designated time.

Complainant means any person filing a complaint of alleged misconduct under the Student Code of Conduct. In cases where the complaint is filed by a third party or information is provided to the University by a person who does not wish to participate in the process, the University may be the Complainant.

Day means a day when University classes are in session. When determining any deadlines set forth in the Student Code of Conduct, references to a number of “days” shall not include the day of the event, a weekend, established University holiday, or official University break.

Decision-maker is a trained and appointed, University official tasked with making decisions of responsibility and assigning educational sanctions in student conduct matters.

Expulsion is defined as permanent denial of the privilege of enrollment at the University.

Group means a number of persons who are associated with each other but who may not have registered as a student organization.

Harassment means to engage in intentional conduct in which a person knows or has reason to know would cause a person under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated.

Hazing is defined as an act which endangers the mental or physical health or safety of a person; subjects a person to public humiliation and/or ridicule; and destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group, student organization, club, or athletic team.

Health means physical, emotional, or mental well-being.

Inquiry is the activity initially performed by University staff to determine whether a full investigation is required. This may include obtaining documents, conducting interviews, or other fact-finding activities.

Investigation is a comprehensive process to review complaints and obtain additional information for the purpose of determining if violations of the Student Code of Conduct occurred.

Investigator means any trained and appointed person assigned by the University to investigate a complaint.

May is used to connote a permissive decision or action.

Member of the University community means a student, faculty, staff, administrator, or any other person serving the University in an official capacity. The Vice President for Student Life and Development or designee shall determine a person’s status in a particular situation.

Preponderance of evidence is defined as a standard of responsibility that it is more likely than not that the Student Code of Conduct has been violated.

Policy means the written regulations of the University and the Minnesota State Board as found in, but not limited to the Student Code of Conduct, the University and Minnesota State web pages, Student Handbook, Technology Handbook, Residential Life Handbook, Student Organization Handbook, and the University policy webpages.

Privacy/Private means information or data privacy with regard to the collection, correction, and sharing of data about students and employees. The University is subject to the Family Education Rights and Privacy Act, 20 USC 1232g, and the Minnesota Government Data Practices Act, Minn. Stats, Chapter 13 which limit access to data about students and employees of the University.

Respondent means a student, student organization, or club against whom a complaint has been filed under the Student Code of Conduct.

Retaliation is any form of intimidation, reprisal or harassment against an individual because he or she made a complaint, assisted, or participated in an investigation or process. Retaliation also occurs when one associated with a person or group of persons who are disabled or are of a different race, color, creed, religion, sexual orientation, gender identity, gender expression, or national origin is intimidated, harassed, or suffers reprisal.

Sexual Assault includes but is not limited to: sexual contact that involves coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another; involvement in any sexual act, when the victim is unable to give consent (due to being asleep, unconscious, or incapacitated due to alcohol or drug consumption), intentional touching or coercing, forcing or attempting to coerce or force another to touch an unwilling person’s intimate parts, (defined as primary genital area, groin, inner thigh, buttocks, or breast).

Shall and will are used to connote a mandated or required action or result.

Stalking means a pattern of harassment in which a person knows, or has reason to know, would cause a person under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated; and causes this reaction on the part of that person.

Student means all persons who:

  1. Are enrolled in one or more courses, either credit or noncredit, through the University; or
  2. Withdraw, transfer, or graduate, after an alleged violation of the Student Code of Conduct; or
  3. Are not officially enrolled for a particular term but who have a continuing relationship with the University; or
  4. Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid; or
  5. Live in a University residence hall or Coborn Plaza Apartments although not enrolled in the University. 

Student Conduct Administrator means a person designated by the University as responsible for administering the Student Code of Conduct.

Student employee means a student who is employed by, or receives payment for services from the University.

Student Organization or Club means any registered student organization or club.

Summery Suspension is a suspension imposed without a formal hearing or Title IX decision to ensure the safety and well-being of members of the University community.

Suspension means the denial of the privilege of enrollment for a specified period of time after which the student may be eligible to return to the University. Conditions for re-enrollment may be specified.

Title IX is federal legislation that states that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity.

Title IX Coordinator is the University official responsible for Title IX compliance and oversees University personnel for the Title IX student conduct process.

University premises means all land, buildings, facilities and other property in the possession of, owned, rented, leased, used, maintained, or controlled by the University.

University means St. Cloud State University.