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Student Conduct Policy

Custodian of Policy: Director of Student Conduct & Resolution

Relevant Minnesota State System Policy: Board Policy 3.6

Relevant Procedures: Board Policy 3.6.1

Effective Date: July 1, 2010

Last Review: Spring 2022

Next Review: Spring 2029

Policy

The University views the student conduct process as a learning experience that promotes growth and personal understanding of one's responsibilities and privileges within the University community. Therefore, it is the responsibility of the student who has been accused of misconduct to participate conscientiously in the discipline process. Students are responsible for becoming familiar with University policies and procedures. Failure to be informed does not excuse misconduct.

MSUM standards of conduct are published here as the Code of Conduct. In all conduct proceedings it is recognized that MSUM is an educational institution and not a court of law. This code does not replace or reduce the requirements of civil or criminal laws. All criminal activity may be referred to local law enforcement as well as investigated internally. Members of the University community also have responsibilities as citizens. Violations that constitute crimes and the annual crime report can be found on the web page of the Department of Public Safety.

Being under the influence of alcohol and/or other drugs does not in any way excuse or mitigate responsibility for a student's behavior. The excessive, illegal, unprescribed or otherwise socially irresponsible use of alcohol or other drugs infringes upon one's ability to preserve personal· integrity and civility.

Disciplinary action is cumulative resulting in more serious consequences if the student engages in repeat violations or fails to follow through with sanctions from a previous hearing.

Definitions

University means Minnesota State University Moorhead.

Director of Student Conduct and Resolution means that person designated by the University President to be responsible for the administration of the Student Code.

Cheating includes, but is not limited to:

Use of any unauthorized assistance intaking quizzes, tests, or examinations.
Use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments.
The acquisition, without permission, of tests or other academic material belonging to a member of MSUM faculty or staff.
Engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.

Expulsion means permanent denial of the privilege of enrollment at the University.

Hazing means an act which endangers the mental or physical health or safety of a person, subjects a person to public humiliation or ridicule, or which 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 student group, organization, or athletic team.

Policy means the written regulations of the University and the Minnesota State system as found in, but not limited to, the Student Conduct Code, Residential Life Handbook, the MSUM and Minnesota State system web pages, Minnesota State system Policy and Procedure 5 .18 and 5.18.1 on Alcoholic Beverages and Controlled Substances on Campus, Minnesota State system Policy and Procedure 5.22 and 5.22. l on Acceptable Use of Computers and Information Technology Resources, and the University Catalog.

Preponderance of Evidence means a standard of responsibility that it is more likely than not that the code has been violated.

Plagiarism includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

Student includes all persons who:

Are enrolled in one or more courses, either credit or non-credit, through the University.
Withdraw, transfer or graduate, after an alleged violation of the student conduct code.
Are not officially enrolled for a particular term but who have a continuing relationship with the University.
Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid.
Are living in a University residence hall although not enrolled in the institution.

Student Organization means any number of persons who have complied with the formal requirements for University recognition.

Summary Suspension means a suspension imposed without a formal hearing to ensure the safety and well-being of members of the University community.

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

Jurisdiction

The campus is not a sanctuary from the general law. University community members violating civil or criminal law may be subject to University conduct procedures for the same conduct when the conduct occurs on campus or when it occurs off campus. The Director of Student Conduct and Resolution, or his/her designee, shall decide whether the Student Code shall be applied to conduct occurring off campus, on a case by case basis, in his/her sole discretion.

Notwithstanding any provision herein, the University may suspend, expel, or trespass any student whose presence poses a threat to persons or property.

All students, regardless of the location of their residence, are members of the University community. The University will address all violations that occur on campus. Students, faculty, staff, and individuals not associated with the University may submit complaints regarding alleged violations that may have occurred either on campus or off-campus for review and possible action by the University. Not all off campus behavior is subject to adjudication. The University shall initiate conduct proceedings for off-campus incidents when:

Hazing is involved
The violation is committed while participating in a University sanctioned or sponsored activity
The victim of the violation is a member of the University community
The violation constitutes a felony under state or federal law
The violation adversely affects the educational, research or service function of the University. (See also MSUM University Alcohol and other Drug Policy)

Policy & Procedure for Appeals

A decision reached by the Student Conduct Panel or a sanction imposed by the Director of Student Conduct and Resolution may be appealed by the accused student(s) or complainant(s) to the Provost and Senior Vice-President of Academic Affairs or his/her designee(s) within five (5) school days of the decision. Such appeals shall be in writing and shall be delivered to the Director of Student Conduct and Resolution or his or her designee.

Except as required to explain the basis of new information, an appeal shall be limited to a review for one or more of the following purposes:

To determine whether the Informal or Formal Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred.
To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.
To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Informal or Formal Hearing.

If an appeal is upheld by the Provost, the Provost may take any appropriate action. If an appeal is not upheld, the matter shall be considered final and binding upon all involved except that in cases involving sanctions of suspension for 10 days or longer, students shall be informed of their rights to a contested case hearing under Minnesota State Statute 14. However, the sanction of suspension for 10 days or longer will go into effect upon the decision of the Provost.

Rationale

As required by Minnesota State system, each college and university shall establish a code of student conduct that states its student conduct policies and its procedures for the administration of student conduct proceedings.