Chapter 3 - Educational Policies
for Board Policy 3.6
Part 1. Introduction. Procedure 3.6.1 shall implement Policy 3.6 Student Conduct. The Student Code of Conduct applies at all locations of the college or university and all colleges/university activities wherever located. During orientation, students shall be informed of the code of conduct and its availability. Student organizations are subject to the college/university code of conduct and to the process in Part 3 of this procedure.
Part 2. Definitions. For purposes of Policy 3.6 and Procedure 3.6.1 the following definitions apply:
Subpart A. Expulsion. Permanent denial of the privilege of enrollment at that college or university.
Subpart B. Hazing. 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.
Subpart C. Preponderance of evidence. A standard of responsibility that it is more likely than not that the code has been violated.
Subpart D. Student. The term "student" includes all persons who:
- Are enrolled in one or more courses, either credit or non-credit, through a college or 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 college or 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 college or university residence hall although not enrolled in the institution.
Subpart E. Summary suspension. A suspension imposed without a formal hearing to ensure the safety and well-being of members of the college or university community.
Subpart F. Suspension. 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.
Part 3. Contents of Code of Student Conduct. A code of student conduct shall include the following:
Subpart A. A statement of student responsibilities as members of the college/university community
Subpart B. A statement of proscribed behavior for which a student may be held accountable, including violation of local, state, and federal laws. Hazing, whether occurring on or off campus, shall be included in each institution's list of proscribed behavior. If a college or university wishes to exercise authority over certain violations that may occur off campus, that shall be explicitly stated.
Subpart C. A listing of sanctions that may be imposed as a result of disciplinary proceedings, including a statement that notations of suspensions and expulsions shall be posted on transcripts in accordance with System Procedure 3.29.1.
Subpart D. The procedure to be followed in the resolution of alleged violations of the code of student conduct. The procedure shall include provisions for both informal and formal proceedings consistent with System Procedure 3.6.1. and shall include provisions for a student to appeal a finding of responsibility for a conduct violation.
Part 4. Process.
Part 5. Summary Suspensions. In certain circumstances, the administrator may impose a summary suspension prior to the informal or formal proceedings described in the previous articles. A summary suspension may be imposed only when, in the judgment of the administrator, the accused student's presence on the college or university campus would constitute a threat to the safety and well-being of members of the campus community. To the greatest extent possible before implementing the summary suspension, the accused student shall be given oral or written notice of the intent to impose summary suspension and shall be given an opportunity to present oral or written arguments against the imposition of the suspension. However, the refusal of a student to accept or acknowledge this notice shall not prevent the implementation of a summary suspension. Notice of the summary suspension shall be provided in writing to the student. After the student has been summarily suspended, the student shall be provided an opportunity for a formal or informal hearing within the shortest reasonable time period, not to exceed nine (9) school or business days. During the summary suspension, the student may not enter the campus without obtaining prior permission from the administrator.
Subpart A. Investigation and informal process. Any member of the college or university community may file a written complaint alleging that a student or organization has violated student conduct proscriptions. Institutional policies may provide for the filing of complaints by others under certain conditions. Persons filing complaints shall be informed of their rights under the Minnesota Statutes §13.04, subdivision 2 and shall be provided with information about the process and the anticipated timeline of the investigation. Following the filing of a complaint against a student, the person responsible for administering the code (in this policy, referred to as the "administrator") shall conduct an investigation of the allegations. The institution's process shall include the following:
- If the complaint seems unwarranted, the administrator may discontinue proceedings.
- If there is sufficient evidence to support the complaint, the administrator shall offer the accused student an opportunity to resolve the alleged violation at an informal meeting. Prior to this meeting, the student shall be given written notice of the specific complaint against him/her and the nature of the evidence available to support the complaint and provided with a copy of the code of conduct. During the meeting the administrator shall review the complaint and the evidence with the student and allow the student to present a defense against the complaint. Within a reasonable time period following the meeting, the administrator shall inform the accused student in writing of his/her decision whether a violation of the code was established by a preponderance of evidence and any applicable sanction as well as options available for an appeal and/or a formal hearing. The complainant shall receive notification consistent with state and federal privacy laws.
- A student who is subject to a sanction of expulsion or suspension, except summary suspension, for more than nine days may agree to accept the sanction, or may request a formal hearing prior to implementation of the sanction. Other sanctions shall be accepted or may be appealed in accordance with the institution's appeal procedures.
- If the accused student fails to appear for the informal meeting, the administrator may proceed to review and act upon the complaint in his/her absence and shall notify the student in writing of an action taken.
Subpart B. Formal hearing and due process rights.
- The formal hearing procedure, including composition of the student conduct panel, shall be developed by each college and university in accordance with Board Policy 2.3 Student Involvement in Decision Making. Students serving on the student conduct panel shall be elected by the student body or appointed by the campus student association.
- Students referred for a formal hearing shall be given adequate advance notice in writing of the time, place, and date of the hearing. A student's failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled.
- Within a reasonable time prior to the hearing, the student must be informed in writing of: a) the complaint, b) the evidence to be presented against him/her, c) a list of witnesses, and d) the nature of their testimony.
- The student shall be given the opportunity to speak in his/her own defense, to present witnesses and to question any witnesses and to have an advocate present. The advocate may provide advice to the student, but may not participate in any questioning. When there is a likelihood that a student involved in conduct proceedings will face criminal prosecution for a serious offense, it may be advisable that the student have an attorney as the advocate.
- A written notice of findings and conclusions shall be provided to the accused student within a reasonable time after the hearing. The notice shall inform the student of any sanction to be imposed. The notice shall also contain information regarding any applicable appeal process. The complainant shall receive notification consistent with state and federal privacy laws.
- Policy 3.6 Student Conduct
Date of Adoption: 01/19/06,
Date of Implementation: 01/19/06,
Date & Subject of Revisions:
01/25/11 - Amended Part 1 to require that information be given at orientation. Eliminated Part 3, Subpart A requiring a hard copy be given to students. Amended Part 3, new Subpart C requiring that suspensions and expulsions be posted on transcripts. Amended to require that information about the process and timeline be given to persons filing complaints, and that notification of complaints are consistent with state and federal privacy laws.
There is no additional HISTORY for procedure 3.6.1.