Student Handbook

Student Code of 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.

Initial Inquiry

  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.
  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 the student’s responsibility to meet with a Student Conduct Administrator.
  5. For certain violations, the Student Conduct Administrator may make a determination of responsibility and assign a written warning. The student will be notified of the action and may request a hearing with a Student Conduct Administrator to reconsider the finding.
  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 of the decision in writing, including any educational sanctions assigned. The student, student organization, or club may appeal any educational sanctions.

Formal Student Conduct Hearing

  1. A student, student organization or club alleged to have violated the Student Code of Conduct, who disputes the complaint, and who is not subject to suspension or expulsion as potential sanctions is 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

General Information

  1. A student, student organization or club 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 is normally accorded a hearing with the University Student Conduct Board.
  2. When circumstances prevent a timely hearing, the Vice President for Student Life and Development or designee may make decisions and assign educational sanctions, including suspension or expulsion from the University. 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, student organization, club, and/or the University.
  3. The University Student Conduct Board will be composed of five trained and appointed 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 Advisor 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 or Complainant 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 requester 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 and to the local 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 Advisor; 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 19 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 the University Student Conduct Board and the Board’s Advisor 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 educational sanctioning phase. The University Representative and the Respondent may introduce additional information and/or witnesses.
  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-maker will review the process, the Board’s recommendations, make a final decision and notify the Respondent in writing.
  6. The Respondent has four days to appeal the decision according to the appeal procedure found in the Student Code of Conduct.