Chapter 8
S T U D E N T
C O N D U C T C O D E
approved
June 28, 2003
8.010. Purpose
8.020. Definitions
8.030. Administrative Authority
8.040. Jurisdiction
8.050. Proscribed Conduct
8.060. Relationship of Law Enforcement and University
Conduct System
8.070. University Conduct System
8.080. Sanctions
8.090. Interim Suspension
8.100. Appeals
8.110. Interpretation and Periodic Review
8.010. Purpose.
State statutes provide
that the governing boards of public colleges and universities "shall
possess full power and authority to adopt all needful rules and
regulations for the guidance and supervision of the conduct of all
students" and "to enforce obedience to the rules." Although the grant of
authority is broadly stated, it is well recognized that students are
citizens. They have legal rights, and they deserve to be treated with
dignity and respect. For that reason, it is important for the
University's standards of student conduct, and the procedures for the
enforcement of such standards, to be fair and reasonable and to be made
available to all members of the University community.
Truman State University
is a community of scholars. The University aspires to transmit
knowledge, to develop its students, and to promote the quality of a
mature and diverse society. By enrolling in the University, the student
neither loses the rights nor escapes the duties of a citizen but
conducts his or her life in the context of mutual regard for the rights,
property, and privileges of others. In seeking these goals, the
University recognizes the significance of students’ rights. Those rights
include freedom of expression, autonomy, procedural protection, and the
respect for personal integrity of all members of the community and their
property. By ensuring those individual rights, the University fosters an
environment conducive to the students’ success and well being. In
addition, efforts will be made to foster the personal and social
development of students. The Student Conduct Code fully respects
students’ rights.
Of course, students
have obligations as well as rights. As members of an academic community,
they must observe rules that benefit their community. Students must
practice personal integrity. By doing so, they respect the dignity,
rights, and property of all members of the University community. The
Student Conduct Code thus creates an expectation of behavior that the
University views as acceptable and appropriate. By fulfilling these
expectations, students can enjoy their own rights, while also respecting
others’ rights and furthering the University’s mission.
Student organizations
often enrich the campus and community by providing a source of
intellectual, personal, and social development for students through
their programs and activities. The University fulfills an important
mission by providing procedures and policies for the registration and
support of student organizations. Inherent in University
registration of student organizations is the obligation of each
organization to conduct activities in accordance with all University
rules, policies, and applicable laws. A fundamental aspect of an
organization is the right of the membership to elect officers who serve
to ensure, among their other duties, that the activities of the
organizations are conducted properly. It is the responsibility of the
officers of each student organization to ensure that the student
organization complies with the Student Conduct Code and to actively
oppose and prevent any organizational activity that would violate it. It
is also the obligation of the officers of any student organization to
advise and counsel individual members of their organization whose
conduct could lead to misconduct charges against the organization.
The University, as any
other, must have a system to deal with those instances when a member,
members, or student organization(s) fails to adhere to the expectations
of the community. This Student Conduct Code describes University
expectations of students and student organizations and the processes
available when a student or student organization has failed to adhere to
these expectations. The Code also strives to support the
educational environment by being proactive in nurturing appropriate
personal and organizational development.
The University conduct
process is not analogous to, is not equivalent to, and does not conform
to, and is not a substitute for criminal law processes. This process is
designed, in part, to determine responsibility, or lack thereof, for
violations of the Student Conduct Code only, not guilt or innocence. The
University conduct process shall be informal in nature so as to provide
substantial justice and it shall not be bound by legal jargon,
court-like proceedings, or legal definitions, which are the province of
criminal courts.
This policy has been
developed in accord with such philosophy and will be administered
accordingly.
. 8.020. Definitions.
Unless the context clearly requires
otherwise, the following terms shall be accorded the following meanings.
1.
The term "academic
dishonesty" includes, but is not limited to any one of the following
acts:
1.1
Cheating:
Defined as using or attempting to use unauthorized (a) materials, (b)
information, or (c) study aids in any academic exercise.
1.2
Fabrication:
Defined as unauthorized (a) falsification or (b) invention of any
information (including research data) or citation in an academic
exercise.
1.3
Facilitating academic
dishonesty: Defined as (a) assisting or (b) attempting to
assist another to commit an act of academic dishonesty, whether or not
that action is associated with any particular course.
1.4
Plagiarism:
Defined as representing the words or ideas of another as one’s own in
any academic exercise. The term “plagiarism” includes, but is not
limited to, (a) the use, by paraphrase or direct quotation, of the
published or unpublished work or sections of a work of another person
without full and clear acknowledgement; (b) the unacknowledged use of
materials prepared by another person or agency engaged in the selling of
term papers or other academic materials, including material taken from
or ordered through the Internet; or (c) unacknowledged use of original
work/material that has been produced through collaboration with others
without release in writing from collaborators.
1.5
Sabotage:
Defined as, but is not limited to, the unauthorized interference with,
modification of, or destruction of the work or intellectual property of
another member of the University community.
2.
The term “accused”
means a student or student organization charged with violating one or
more provision(s) of the Student Conduct Code.
3.
The term "attempting to
commit an act" means when a student or student organization, with
the purpose of committing an act, takes any action that is a substantial
step toward the commission of the act.
4.
The term "calendar day"
means any recognized day of a year.
5.
The term "complainant"
means a member of the University community who files a written complaint
with the University alleging that a student or student organization has
violated the Student Conduct Code.
6.
The term "conduct hearing
board" means a committee appointed by the Dean of Student Affairs to
determine whether a student or student organization has violated the
Student Conduct Code and, if a violation is found, to recommend the
imposition of sanctions.
7.
The term "conduct officer"
means any person authorized by the Dean of Student Affairs to implement
the provisions of the Student Conduct Code and to provide assistance for
any person involved in its operation.
8.
The term "consent"
means voluntary, non-coerced and clear communication indicating a
willingness to engage in a particular act. Consent is defined in the
following manner: consent or lack of consent may be expressed or
implied. Acquiescence does not necessarily constitute consent,
further consent cannot be construed if: (a) It is given by a person who
is legally incompetent to authorize the conduct charged to constitute
the offense and such incompetence is manifest or known to the actor; or
(b) It is given by a person who by reason of youth, mental disease or
defect, or intoxication is manifestly unable or known to the actor to be
unable to make a reasonable judgment as to the nature or harmfulness of
the conduct charged to constitute the offense; or (c) It is induced by
force, duress or deception.
9.
The term "Dean of Student
Affairs" means the person designated by the President of the
University to be responsible for the administration of the Student
Conduct Code.
10.
The term "evidence"
means any witness testimony, documents, statements, or tangible material
presented at a hearing in support of either the University’s or the
accused’s case.
11.
The term "faculty member"
means any person hired by the University to conduct classroom
activities, to supervise other academic credit experiences, or other
learning/teaching activities.
12.
The term “gambling”
means playing or sponsoring an unlawful game of chance for money or for
anything of value on University premises or at a University or student
organization sponsored activity or event; unlawfully sell, barter, or
dispose of a ticket, order, or any interest in a scheme of chance on
University premises or at a University or student organization sponsored
activity or event; wage on a University team or organization in a
competition, with or without an intent to have a direct influence in the
success of the competition.
13.
The term “harassment”
means physical, verbal, or written conduct related to an individual’s
disability, ethnic background, gender, race, religion, or sexual
orientation that interferes with the person’s academic or work
performance and social interaction at the University. Student harassment
occurs when the student’s conduct (a) unreasonably interferes with a
person’s work or educational performance or (b) creates an intimidating,
hostile, or offensive environment for working, learning, or social
interaction at the University.
14.
The term "hazing" is
any act on or off the campus of the University, determined by a
reasonable person, that endangers the mental or physical health or
comfort or safety of a student or prospective member, or results in the
destruction or removal of public or private property, or which causes
embarrassment, or humiliation, for the purpose of initiation or
admission into, affiliation with, or confirming any form of affiliation,
or continued membership in a student organization regardless of an
individual’s willingness to participate in the activity. Acts of hazing
shall include, but not be limited to:
14.1
Any activity which endangers
the physical health or safety of the student or prospective member,
including, but not limited to, physical brutality, whipping, beating,
branding, exposure to the elements, forced consumption of any food,
liquor, drug, or other substance, or forced smoking or chewing of
tobacco products; or
14.2
Any activity that endangers
the mental health of the student or prospective member, including but
not limited to sleep deprivation, physical confinement, or other extreme
stress inducing activity; or
14.3
Any activity that requires the
student or prospective member to perform a duty or task that involves a
violation of the criminal laws of this state or any University policies,
rules, or regulations published in University documents.
15.
The term "health" means
physical or mental well-being.
16.
The term "in violation"
means that the student or student organization has been found
responsible for a violation of the Student Conduct Code.
17.
The term "joint hearing"
means any hearing at which two or more students or student organizations
are charged with violating one or more provisions of the Student Conduct
Code.
18.
The terms "may" and “should”
are used in the permissive sense.
19.
The term "member of the
University community" includes any person who is a student,
administrator, faculty member, staff member, University official, or any
other person employed by the University. A person's status in a
particular situation shall be determined by the Dean of Student Affairs.
20.
The terms “must”, "shall",
and “will” are used in the imperative sense.
21.
The term "not in violation"
means that the student or student organization has not been found
responsible for a violation of the Student Conduct Code.
22.
The term "officer"
means a person in a student organization who holds an elected or
appointed leadership position in that organization.
23.
The term “paraphernalia”
includes any object that contains the residue of (a) alcohol or (b) an
illegal drug and (c) any object that is used in the consumption or
distribution of an illegal drug. Examples of “a” include, but are not
limited to a Examples of “a” include, but are not limited to a beer bong
and empty alcoholic containers. Examples of “b” include, but are
not limited to a marijuana pipe, bong, or blow tube. An example of
“c” is a scale used in measuring quantities of an illegal drug.
24.
The term "policy" or "policies"
means the written regulations of the University as approved by the Board
of Governors, the President of the University, or other University
officials, and as set forth in general publications such as, but not
limited to, the bylaws and policies of the Board of Governors,
general/graduate bulletins, student handbooks, residence life handbooks,
student organization recognition agreement, vehicle rules and
regulations, or in special announcements about specific issues which are
openly and fairly made available to students and student organizations.
25.
The term "preponderance of
evidence" means evidence that would lead a reasonable person to
conclude that it is more likely than not that the act in question did
occur or that the fact or proposition is true.
26.
The term "prior record"
means that the accused student or student organization engaged in acts
prior to the incident in question which violated the Student Conduct
Code. A prior record includes, but is not limited to, past action taken
for misconduct, any previous conduct hearing, documents sent to an
accused student or student organization concerning any act of
misconduct, and informal hearing records. A finding of "in violation" of
the Student Conduct Code will be considered a prior record even if an
appeal of the finding and/or sanction is pending. A prior record can
only be used in recommending or determining sanctions and shall not be
revealed during the hearing process.
27.
The term "sanctioned by an
officer" means a student organization and its officers may be held
collectively or individually responsible when violations of this Code by
those associated with the organization have received the tacit or overt
consent or encouragement of the organization or the organization’s
leaders, officers, or spokespersons.
28.
The term "sexual misconduct"
means the involvement by a person in any sexual act with another person
without the acknowledged and informed consent of the other person.
Failure of the other person to object to the sexual act does not qualify
as acknowledged and informed consent, particularly when the other person
is incapacitated by drugs, alcohol, mental deficiency, or other similar
disability. In particular, sexual misconduct includes the following acts
with another person which occur without the acknowledged and informed
consent of the other person:
28.1
"Sexual contact"
means any intentional touching of the genitals or anus of any person, or
the breast of any person, or any such intentional touching through the
clothing for the purpose of arousing or gratifying sexual desire of any
one person;
28.2
“Sexual act”
means (a) any penetration, however slight, involving the genitals of one
person and the genitals or anus of another person, whether or not
emission results; (b) any act involving the genital of one person and
the mouth, tongue, hand, or anus of another person; (c) or any of the
above acts induced by force, duress, or deception.
28.3
Specifically excluded from
this definition of sexual misconduct is the touching of another person
for legitimate medical or safety purposes due to an emergency situation,
which precludes consent, but for which consent could be reasonably
presumed.
28.4
The term "sexual
harassment" is defined in Chapter 15 of the Code of Policies of
the Board of Governors. Sexual harassment includes unwelcome sexual
advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature.
29.
The term "student" or "students"
include all persons taking or auditing classes at the University, both
full-time and part-time, pursuing undergraduate, graduate, or
professional studies; matriculated in any University program; and those
who attend post-secondary educational institutions other than Truman
State University and who reside in University residence halls. Persons
who are not officially enrolled for a particular term, but who have a
continuing relationship with the University, are considered “students.”
30.
The term "Student Conduct
Code" means the policy in this chapter of the Code of Policies of
the Board of Governors establishing rules for the conduct of students at
Truman State University.
31.
The term "student
organization" means (a) any number of persons who have applied for
recognition/registration as a student organization by the University or
(b) any number of persons who have complied with the formal requirements
for University recognition/registration as a student organization.
32.
The term "University"
means Truman State University.
33.
The term "University
conduct system" means the processes and entities created in this
chapter to implement the provisions of the Student Conduct Code.
34.
The term "University
official" means any person employed by the University performing
assigned administrative or professional responsibilities. This term
specifically includes residence hall Student Advisors.
35.
The term "University
premises" includes all land, buildings, facilities, and other
property owned, used, or controlled by the University.
Cross-reference: Sections 5.070 and 7.020 of
the Code of Policies of the Board of Governors.
8.030. Administrative Authority.
The authority to administer and implement
the Student Conduct Code shall be vested in the President of the
University. Unless the President of the University elects to be directly
involved in the administration of the Student Conduct Code, the
authority for such administration shall be delegated to the Dean of
Student Affairs, who shall implement the policy. The Dean of Student
Affairs shall develop policies for the administration of the student
conduct program and procedural rules for the conduct of hearings that
are consistent with state and federal laws and with the provisions of
the Student Conduct Code.
.
8.040. Jurisdiction.
8.040.1. Student
Jurisdiction. A student becomes responsible for reading and agreeing
to abide by the Student Conduct Code at the time of matriculation to the
University. A student is subject to the jurisdiction of the
University Conduct System if he/she allegedly violated a provision of
the Student Conduct Code:
1.
Which occurs on University
premises; or
2.
Which occurs at any location
during activities or events arranged or sponsored by the University or
by a student, student organization(s), or by an officer or a student
acting on behalf of, or at the request of an organization(s); or
3.
Which occurs at any location
if such conduct is so grievous that it could seriously and adversely
affect the reputation of the University, its community, and/or the
pursuit of the University's objectives.
8.040.2. Student
Organization Jurisdiction. A student organization, its
officers, and advisor(s) acknowledge on an annual basis through
completion and signing of the Student Organization Recognition Agreement
that they have read, reviewed, and agreed that the organization and its
members will abide by the Student Conduct Code and the rules for
proscribed student organization conduct. Student organization
officers are responsible for actively addressing member behavior that
violates the Student Conduct Code, both individually and behavior that
is considered an organizational violation. The “reasonable person”
standard will be utilized by the Conduct Officer in determining if the
behavior by the organization, its officers, members, and/or guests is
the responsibility of the student organization. A reasonable
person would conclude that it is more likely than not that the act in
question did occur and is the responsibility of the student
organization. A student organization is subject to the jurisdiction of
the University Conduct System if it allegedly violated a provision of
the Student Conduct Code:
1.
Which occurs on University
premises; or
2.
Which occurs at any location
during activities or events arranged or sponsored by the University or
by a student, student organization(s), or by an officer or a student
acting on behalf of, or at the request of an organization(s); or
3.
Which occurs at any location
if such conduct is so grievous that it could seriously and adversely
affect the reputation of the University, its community, and/or the
pursuit of the University's objectives, or
4.
If the organization(s) chooses
to protect one or more individual offenders who are members, alumni or
guests of the organization(s) or guests at the organization(s)’
activity; or
5.
The offense, by its nature or
after a review of facts and circumstances, is deemed an organizational
violation since the organization, its officers, and/or leadership failed
to exercise reasonable supervision of its member(s) or guest(s); or
6.
When, after hearing a case,
the conduct officer or conduct hearing board deems that the offense, by
its nature, was an organizational violation and not the actions of an
individual member.
.
8.050. Proscribed Conduct.
8.050.1. Proscribed
Student Conduct. The following acts are prohibited, and any student
found to have committed, to have attempted to commit, to have willfully
aided or abetted, or to have been complicit in any of the following acts
of misconduct is subject to the sanctions hereafter described in this
chapter.
1.
Acts of academic
misconduct/dishonesty, including, but not limited to the following:
1.1
Cheating:
Defined as using or attempting to use unauthorized (a) materials, (b)
information, or (c) study aids in any academic exercise.
1.2
Fabrication:
Defined as unauthorized (a) falsification or (b) invention of any
information (including research data) or citation in an academic
exercise.
1.3
Facilitating academic
dishonesty: Defined as (a) assisting or (b) attempting to
assist another to commit an act of academic dishonesty, whether or not
that action is associated with any particular course.
1.4
Plagiarism:
Defined as representing the words or ideas of another as one’s own in
any academic exercise. The term “plagiarism” includes, but is not
limited to, (a) the use, by paraphrase or direct quotation, of the
published or unpublished work or sections of a work of another person
without full and clear acknowledgement; (b) the unacknowledged use of
materials prepared by another person or agency engaged in the selling of
term papers or other academic materials, including material taken from
or ordered through the Internet; and/or (c) the unacknowledged use of
original work/material that has been produced through collaboration with
others without release in writing from collaborators.
1.5
Sabotage:
Defined as, but is not limited to, the unauthorized interference with,
modification of, or destruction of the work or intellectual property of
another member of the University community.
2.
Providing false and misleading information and/or falsification of
University records.
2.1
(a) Lying, (b) deceiving, or
(c) furnishing false and misleading information for the purpose of
causing another person or University official to act or refrain from
acting;
2.2
(a) Forgery, (b) alteration,
or (c) misuse of any document, record, material, file, or instrument of
identification;
2.3
Deliberately and purposefully
providing false or misleading verbal or written information about
another person that results in damage to the person’s reputation.
3.
Disruptive conduct.
3.1
Disruption or obstruction of
(a) teaching, (b) research, (c) administration, (d) free flow of
pedestrian or vehicular traffic on University premises.
3.2
Disruption or obstruction of
(a) teaching, (b) research, (c) administration, (d) free flow of
pedestrian or vehicular traffic at University recognized activities and
events.
3.3
Tampering with the election(s)
of any student organization(s) or group.
3.4
Creating a fire, safety, or
health hazard through the misuse, abuse, rendering inoperable, or
degrading the effectiveness of any University safety equipment, fire
fighting equipment, or fire alarms.
3.5
Activating a fire or emergency
alarm, extinguisher, or other safety device without good cause or
reasonable justification.
3.6
Providing a false report of an
explosive or incendiary device that constitutes a threat or bomb scare.
3.7
An act that deliberately
interferes with the academic freedom or the freedom of speech of any
member or guest of the University community.
3.8
Conduct that is (a)
disorderly, (b) lewd, or (c) indecent.
3.9
(a) Breach of peace or (b) an
act that aids, abets, or procures another person to breach the peace on
University premises, at activities or events arranged or sponsored by
the University, or sponsored by a student organization(s), regardless of
location.
3.10
Failure to comply with oral or
written instruction from duly authorized (a) University officials acting
within the scope of their job duties or (b) law enforcement officers
acting in performance of their duties.
3.11
Failure to identify oneself to
(a) University officials acting within the scope of their job duties or
(b) law enforcement officers acting in performance of their duties when
requested to do so. A student is required to produce his/her University
ID card upon the request of an official or law enforcement officer.
3.12
Complicity. Condoning,
supporting, or encouraging a violation of University policy.
Students who anticipate or observe a violation of University policy are
expected to remove themselves from the situation.
4.
Personal Abuse.
4.1
Verbal or written abuse
of any person including coercion, lewd, indecent, or obscene expressions
of conduct.
4.2
Physical abuse
or threat of physical abuse to any person.
4.3
Harassment:
defined as behavior that (including written, telephone, or electronic
communication such as AOL, IM, ICQ, etc.) directed at a member of the
University community that would cause severe emotional distress,
intimidation, or coercion to a reasonable person in the victim’s
position, or would place a reasonable person in the victim’s position in
fear of bodily injury or death. This definition, however, shall
not be interpreted to abridge the right of any member of the University
community to freedom of expression protected by the First Amendment of
the United States Constitution and other applicable law.
4.4
Failure to respect the
privacy of other individuals, including, but not limited to,
eavesdropping, surveillance, or intruding upon the privacy of another
person or group by means of bugging devices, concealed recorders,
magnifying optics, etc.
4.5
Other conduct that
threatens or endangers the health or safety of any person.
5.
Sexual misconduct
specifically includes, but is not limited to, the following acts with
another person which occur without the consent of the other person:
5.1
Forcible Sexual
Misconduct: The involvement in any sexual act with another
person, without the consent of the other person, in which there is (a)
force which overcomes reasonable resistance; or (b) the threat of force,
expressed or implied, or (c) the use of duress or deception.
5.2
Nonforcible Sexual
Misconduct: The involvement in any sexual act with another
person, without the consent of the other person, particularly when the
other person is incapacitated by drugs, alcohol, mental deficiency, or
other disability.
5.3
Nonconsensual Sexual
Contact: Any intentional and unwanted touching of the genitals,
anus, or breast of any person.
5.4
Sexual Related
Misconduct: Behavior that is sexually motivated, including but
not limited to indecent exposure and voyeurism.
5.5
Sexual Harassment:
Includes unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature. Student sexual
harassment occurs when the student’s conduct unreasonably interferes
with a (a) person’s work or educational performance or (b) creates an
intimidating, hostile, or offensive environment for working and
learning.
5.6
Sexual Verbal Abuse:
Using language that is sexual in nature and unwanted on the part of
another person. Examples include but are not limited to phone
calls or use of written and/or verbal communication that are
intimidating, threatening, or obscene in nature.
6.
Theft/property damage.
6.1
Attempted theft of (a)
University property or (b) property of another.
6.2
Actual theft of (a) University
property or (b) property of another.
6.3
Damage to (a) University
property or (b) property of another.
6.4
(a) Embezzling, (b)
defrauding, or (c) procuring any money, goods, services, or thing of
value under false pretenses, including the issuance of a check, draft,
money order, or use of a credit card knowing that it will be dishonored
upon presentation for payment.
7.
Hazing as defined above in this chapter. The term "hazing" is any
act on or off the campus of the University, determined by a reasonable
person, that endangers the mental or physical health or comfort or
safety of a student or prospective member, or results in the destruction
or removal of public or private property, or which causes embarrassment,
or humiliation, for the purpose of initiation or admission into,
affiliation with, or confirming any form of affiliation, or continued
membership in a student organization regardless of an individual’s
willingness to participate in the activity. Acts of hazing shall
include, but not be limited to:
7.1
Any activity which endangers
the physical health or safety of the student or prospective member,
including, but not limited to, physical brutality, whipping, beating,
branding, exposure to the elements, forced consumption of any food,
liquor, drug, or other substance, or forced smoking or chewing of
tobacco products; or
7.2
Any activity that endangers
the mental health of the student or prospective member, including but
not limited to sleep deprivation, physical confinement, or other extreme
stress inducing activity; or
7.3
Any activity that requires the
student or prospective member to perform a duty or task that involves a
violation of the criminal laws of this state or any University policies,
rules, or regulations published in University documents.
8.
Unauthorized use of keys,
and/or entry.
8.1
Unauthorized (a) possession,
(b) duplication or (c) use of keys to any University premises.
8.2
Unauthorized (a) entry, (b)
attempted entry, or (c) use of University premises or (d) remaining in
private or restricted areas of University or community facilities is
prohibited.
9.
Narcotics, controlled substances, chemicals, and drug paraphernalia
violations.
9.1
(a) Manufacture, (b) possession, (c) use, (d) sale, (e) distribution of
narcotic or other controlled substances, (f) drug paraphernalia, and/or
(g) other chemicals is prohibited, without proper prescription or
required license, except as expressly permitted by law or University
regulation. Possession could mean in the presence of narcotic or other
controlled substances, drug paraphernalia, or other chemicals.
9.2
Operating a vehicle on University property, or on streets or roadways
adjacent to or abutting University property, under the influence of a
narcotic or other controlled substance as prohibited by law of the state
of Missouri.
10.
Alcohol violations.
10.1
Public intoxication on
University premises.
10.2
(a) Manufacture, (b)
possession, (c) use, (d) sale, or (e) distribution of alcoholic
beverages or alcohol paraphernalia on University premises, when such
manufacture, possession, use, sale, or distribution is prohibited by law
or University regulations. Possession could mean in the presence of
alcohol.
10.3
Operating a vehicle on
University property, or on streets or roadways adjacent to or abutting
University property, under the influence of alcohol as prohibited by law
of the state of Missouri.
10.4
No student shall furnish or
cause to be or allow to be furnished any alcoholic beverage to any
person (a) under the legal drinking age; (b) in a state of noticeable
intoxication; or (c) who is on University premises.
11.
Possession and/or use of a firearm and/or dangerous material.
11.1
Illegal or unauthorized
possession of (a) firearms (including BB, paint, and pellet guns) or (b)
any other weapons other than a common pocket knife on University
premises or at University sponsored/related activities unless
specifically approved by a University official.
11.2
Illegal or unauthorized
possession of (a) fireworks, (b) explosives, (c) dangerous chemicals
which are disruptive, explosive, or corrosive on University premises or
at University sponsored/related activities unless specifically approved
by a University official.
12.
Gambling is prohibited at activities or events arranged or sponsored by
the University, on University premises, or sponsored by a student
organization(s), regardless of location.
12.1
Play or sponsor an unlawful
game of chance for money or for anything of value (a) on University
premises or (b) at a University or student organization sponsored
activity or event.
12.2
Unlawfully sell, barter, or
dispose of a ticket, order, or any interest in a scheme of chance by
whatever name (a) on University premises or (b) at a University or
student organization sponsored activity or event.
12.3
Wage on a University team or
organization in a competition, with or without an intent to have a
direct influence in the success of the competition (a) on University
premises or (b) at a University or student organization sponsored
activity or event.
13.
Instigation or participation in group disturbances during
demonstration(s), parade(s), or picketing.
13.1
Participation in
demonstration(s), parade(s), or picketing which (a) disrupts the normal
operations of the University; (b) infringes on the rights of other
members of the University community; (c) obstructs or unreasonably
interferes with freedom of movement, either pedestrian or vehicular, on
University premises; or (d) which jeopardizes public order or safety.
13.2
Leading or inciting others to
disrupt scheduled and/or normal activities on University premises.
14.
Misuse of computing resources through failure to comply with laws,
license agreements, and contracts governing network, software, and
hardware use. Abuse of the University Computer Use Policy,
including, but not limited to:
14.1 Any use deemed
commercial or for-profit.
14.2 Any use that is
likely, intended, or by negligence causes unauthorized network (a)
disruption, (b) system failure, or (c) data corruption.
14.3 Any use related
to achieving, enabling, or hiding unauthorized access to (a) network
resources, (b) Truman owned software, or (c) other information belonging
to Truman State University, either within or outside the Truman network.
14.4
Any use related to sending/receiving electronic mail that includes, but
not limited to, the following: (a) solicitation or commercial use,
(b) forging any portion of an electronic mail message, (c) spamming
(bulk unsolicited email), (d) sending unwanted messages to unwilling
recipients, or (e) invasion of privacy.
14.5 Intentionally
circumventing or building an unauthorized conduit through the University
firewall with intentions of bypassing University (a) network management
and/or (b) security devices.
14.6 Use of another
individual’s (a) identification; (b) network, email or other university
based account; and/or (c) related passwords.
14.7
Unauthorized transfer or entry
into a file, (a) to read, use, or change the contents; or (b) for any
other reason.
14.8
Use of computing facilities or
network resources to send (a) obscene, (b) harassing, (c) abusive, (d)
threatening messages, or (e) computer viruses or worms.
14.9
Any use that violates Truman
(a) policies, (b) procedures, and (c) contractual agreements.
14.10
Any use that violates (a)
local, (b) state or (c) federal laws.
15.
University wordmark violations. Unauthorized use of the (a)
University’s name, (b) abbreviation, (c) trademarks or (d) wordmarks,
including the Bulldog, logo, seal, or other graphic identity symbols.
16.
Other misconduct.
16.1
Social Host. It
is the responsibility of any student who hosts a visitor or guest on
campus to insure that the person knows and adheres to the Student
Conduct Code. In instances where guests violate rules or codes,
the student host will be held responsible. Residents of a room or
apartment are responsible for all that occurs within that dwelling
including any guest misconduct. Whether a visitor is a student,
non-student, or non-identified guest the student host will be held
responsible for violations of the Student Conduct Code. Responsibility
under these rules may occur even if the host is not a participant in the
activity or has left the visitor(s) alone.
16.2
Violation of University
policies as defined above in this chapter, when such policies
are published or otherwise made known to students in a fair and open
manner (Student Handbook, Residence Life Handbook, General/Graduate
Catalog, University web site, etc.).
16.3
Misconduct at University
sponsored/related activities. Violation of University rules or
regulations of a host institution sponsored/related activity.
17.
Abuse of University conduct
procedures, including but not limited to:
17.1
Failure to obey the summons of
the University Conduct system or University official.
17.2
Falsification, distortion, or
misrepresentation of information to the University Conduct system.
17.3
Disruption or interference
with the orderly operation of the University Conduct system.
17.4
Initiation of a conduct
proceeding knowingly without cause.
17.5
Attempting to discourage an
individual's proper participation in, or use of, the University Conduct
system.
17.6
Attempting or committing an
act of retaliation against a person or student organization that has
reported a violation of the Student Conduct Code.
17.7
Attempting to influence the
impartiality of a member of a conduct hearing board prior to, or during
the course of, participation in the University Conduct system;
17.8
Harassment, abuse, or
intimidation of a member of a conduct hearing board prior to, during, or
after participation in the University Conduct system.
17.9
Failure to comply with the
sanction or sanctions imposed under the Student Conduct Code.
17.10
Influencing or attempting to
influence another person to commit an abuse of the University Conduct
system.
18.
Commission of felony or misdemeanor. Commission of an act,
which is a felony or misdemeanor as provided in local, state, or federal
law shall also constitute a violation of this Code, and subject the
accused to disciplinary action, whether or not prosecuted by public
officials.
19.
Conduct that is (a) obscene based on contemporary community standards or
that is (b) detrimental to the University's image as a public
institution.
Acts of misconduct by a
student shall be cumulative in effect, and all acts of misconduct may be
considered together in deciding whether the Student Conduct Code has
been violated and, if a violation is found, the imposition of sanctions.
Cross-reference: Sections 5.070 and 7.020 of
the Code
8.050.2. Proscribed Student Organization
Conduct. The following acts are prohibited and any student
organization found to have committed, have attempted to commit, or to
have willfully aided or abetted any of the following acts of misconduct
is subject to the sanctions hereafter described in this chapter.
Sanctions for student organization misconduct may include revocation or
denial of recognition, registration, or charter, as well as other
appropriate sanctions, pursuant to 8.080 of this Code.
1.
Providing false and misleading information and/or falsification of
University records.
1.1
(a) Lying, (b) deceiving, or
(c) furnishing false and misleading information for the purpose of
causing another person or University official to act or refrain from
acting.
1.2
(a) Forgery, (b) alteration,
or (c) misuse of any document, record, material, file, or instrument of
identification.
1.3
(a) Causing, (b) condoning, or
(c) encouraging the alteration or creation of any official University
document, record, material, file, or instrument of identification to
include incorrect or misleading information is prohibited.
1.4
Deliberately and purposefully
providing false or misleading verbal or written information about
another person that results in damage to the person’s reputation.
2.
Disorderly Conduct. No student organization shall:
2.1 Act
in a manner that can reasonably be expected to disturb the academic
pursuits or infringe upon the privacy, rights, privileges, health or
safety of (a) students, (b) the University community, or (c) local
community.
2.2
Obstruct the (a) free movement of other students around the campus, (b)
interfere with the use of University facilities, or (c) prevent the
normal operation of University.
2.3
Condone or encourage such acts of physical assault, including sexual
assault.
2.4
Engage in obscene or indecent
conduct.
2.5
Fail to comply with the
administrative policies as enacted by the University.
2.6
Fail to comply with the
directions of (a) University officials or (b) authorized agents acting
in the performance of their duties.
2.7
Tamper with the election(s) of
any student organization(s).
3.
Compliance with the Directions or Requests of University Officials.
3.1
Student organization officers,
leaders, spokespersons shall comply with all directions or requests of
(a) University officials or (b) law enforcement officers, etc. in a
timely manner.
3.2
Student organization members shall comply with all directions or
requests of (a) University officials or (b) law enforcement officers,
etc. in a timely manner.
4.
Theft, Disregard for Property. No student organization shall (a)
take, (b) attempt to take, or (c) keep in its possession property or
services not belonging to their organization.
5.
Damage to Property. Malicious or unwarranted (a) damage or (b)
destruction of another’s property is prohibited.
6.
Hazing. The University does not condone hazing in any form and
defines hazing to include but not be limited to any act on or off the
campus of the University, determined by a reasonable person, that
endangers the mental or physical health or comfort or safety of a
student or prospective member, or results in the destruction or removal
of public or private property, or which causes embarrassment, or
humiliation, for the purpose of initiation or admission into,
affiliation with, or confirming any form of affiliation, or continued
membership in a student organization regardless of an individual’s
willingness to participate in the activity. Acts of hazing shall
include, but not be limited to:
6.1
Any activity which endangers
the physical health or safety of the student or prospective member,
including, but not limited to, physical brutality, whipping, beating,
branding, exposure to the elements, forced consumption of any food,
liquor, drug, or other substance, or forced smoking or chewing of
tobacco products; or
6.2
Any activity that endangers
the mental health of the student or prospective member, including but
not limited to sleep deprivation, physical confinement, or other extreme
stress inducing activity; or
6.3
Any activity that requires the
student or prospective member to perform a duty or task that involves a
violation of the criminal laws of this state or any University policies,
rules, or regulations published in University documents.
7.
Unauthorized use of keys, and/or entry.
7.1
Unauthorized (a) possession, (b) duplication or (c) use of keys to any
University premises
7.2
Unauthorized (a) entry, (b) attempted entry, or (c) use of University
premises or (d) remaining in private or restricted areas of University
or community facilities is prohibited.
8.
Alcohol and Drug Related Misconduct. Missouri law prohibits
possession or consumption of alcoholic beverages by those under the
legal drinking age and prohibits making alcoholic beverages available to
persons under the legal drinking age.
8.1 No
organization shall furnish or cause to be or allow to be furnished any
alcoholic beverage to any person under the legal drinking age.
8.2
The sale of alcohol is
prohibited.
8.3
No organization shall furnish
or cause to be or allow to be furnished any alcoholic beverage to any
person in a state of noticeable intoxication.
8.4
The unlawful (a) manufacture
(b) possession, (c) use, (d) sale, (e) distribution of narcotic or other
controlled substances, (f) drug paraphernalia, and/or (g) other
chemicals is prohibited. Each organization shall take all necessary
steps to see that this regulation is not violated at functions it
sponsors as well as on any property it owns, operates, and/or rents.
8.5
Each student organization
shall take all necessary steps to see that no person under the legal
drinking age possesses any alcoholic beverages at (a) functions it
sponsors as well as within any (b) property or (c) transportation it
owns, operates, and/or rents.
8.6
When alcoholic beverages are
present at off-campus activities sponsored by a student organization,
(a) the organization must provide non-alcoholic beverages and an
adequate supply of food that is in plain view of those attending; and
(b) the organization must not permit, encourage, or sponsor
participation in any drinking games or themes that might encourage the
rapid/excessive consumption of alcohol.
9.
Gambling. Student organizations are prohibited from the
following:
9.1
Play or sponsor an unlawful game of chance for money or for anything of
value (e.g., raffle) on (a) University premises or at (b) any affair
sponsored by a student organization.
9.2
Unlawfully sell, barter, or dispose of a ticket, order, or any interest
in a scheme of chance by whatever name on (a) University premises or at
(b) any affair sponsored by a student organization.
9.3 Wage
on a University team or organization in a competition, with or without
an intent to have a direct influence in the success of the competition
(a) on University premises or (b) at a University or student
organization sponsored activity or event.
10.
Use of Facilities.
10.1
Registered student
organizations planning events in University facilities are responsible
for knowing any applicable policies.
10.2
Registered student
organizations planning events in University facilities are expected to
be in full compliance with any applicable policies.
10.3
Those individuals acting on
behalf of an organization that reserves facilities should check with the
University department or office responsible for the facility to
guarantee that all procedures have been followed.
11.
Fire Safety and Sanitation.
11.1
(a) Tampering with or (b)
damaging fire safety equipment is prohibited.
11.2
(a) Causing, (b) condoning, or
(c) encouraging the creation of any situation involving incendiary or
other chemicals or substances, explosives or fire that reasonably may
result in danger to another’s person or property is prohibited.
11.3
(a) Possession or (b) use of
illegal fireworks, incendiary devices, or dangerous explosives is
prohibited.
11.4
Failure to properly maintain a
student organization’s facilities, property (furnishings, equipment,
etc.), or surrounding real estate property so as to create a potential
danger to the health and safety of the occupants or members of the
University and surrounding community is prohibited.
12.
Outstanding Debt.
12.1
All student organizations are
responsible for ensuring that all bills are paid to both on and off
campus vendors in a timely manner.
12.2
Student organizations shall
not knowingly enter into purchase or rental agreements that are beyond
the resources of the organization’s ability to pay.
13.
Advertising.
13.1 Origination or
circulation of any advertising media that contains matter that violates
or is contrary to the policies of the University, Student Organization
Recognition Agreement, Center for Student Involvement, Department of
Residence Life, Student Recreation Center, Student Union, and/or
federal, state or local law is prohibited.
13.2 Origination or
circulation of any advertising media containing (a) false information,
(b) misleading information, (c) obscene language, (d) patently offensive
material, (e) the promotion of alcohol consumption, or (f) illegal
activities/behavior is prohibited.
14.
Social Events.
14.1 Crowd size that
exceeds such limits so as to infringe upon the rights and/or property of
others and/or endanger those in attendance is prohibited. Student
organizations should refer to other national parent organizations or
University policies for specific information on crowd size.
14.2
Failure to provide adequate
security personnel or other security measures in order to ensure the
safety of those in attendance at an organization-sponsored event is
prohibited.
14.3
Failure to provide adequate
parking so that vehicles are impeding the normal flow of traffic, parked
illegally or parked on private property without proper authorization is
prohibited.
14.4
Conducting any event that
interferes with the normal progress of academic events on campus is
prohibited.
14.5 Failure to
register and get appropriate approval for any outdoor event on or
adjacent to campus (via Outdoor Event Permit) with the Center for
Student Involvement five days before the event is prohibited (30 days
advance approval is required for parades and events involving
fireworks).
14.6 Failure to
adhere to specific time limits and other restrictions required of all
outdoor events on campus involving bands or other forms of amplified
music is prohibited.
14.7 Outdoor events
on campus must cease by 1:00 a.m.
15.
Solicitation and Fundraising. All student organizations shall
conduct any solicitation and fundraising activities in a manner that
does not violate or is contrary to the policies of the University or its
Center for Student Involvement, Department of Residence Life, Student
Recreation Center, Student Union, and/or federal, state, or local law.
16.
Misuse or Infringement of University's Names or Marks etc.
16.1
Student organizations or
groups are prohibited from the unauthorized use of the University’s
name, abbreviation, trademarks or wordmarks, including the Bulldog,
logo, seal, or other graphic identity symbols.
16.2
The phrases “Truman State” or
“Truman State University” (or some form thereof) cannot precede the
title of the organization or group.
17.
Other misconduct.
17.1
Social Host. It is the
responsibility of any student organization who hosts a visitor or guest
on campus, at a University sponsored event/activity, or student
organization sponsored event/activity to insure that the person knows
and adheres to the Student Conduct Code. In instances where guests
violate rules or codes, the student organization host will be held
responsible. Student organizations are responsible for all that
occurs within facilities they have reserved for use on campus, own or
rent off-campus. Whether a visitor is a student, non-student, or
non-identified guest the student organization host will be held
responsible for violations of the Student Conduct Code. Responsibility
under these rules may occur even if the host organizations’ officers are
not a participant in the activity or have left the visitor(s) alone.
17.2
Violation of University
policies as defined above in this chapter, when such policies are
published or otherwise made known to students in a fair and open manner
(Student Handbook, Residence Life Handbook, General/Graduate Catalog,
University web site, etc.).
17.3
Misconduct at University
sponsored/related activities. Violation of University rules or
regulations of a host institution sponsored/related activity.
18.
Abuse of University
judicial procedures, including but not limited to:
18.1
Failure to obey the summons of
the University Judicial system or University official.
18.2
Falsification, distortion, or
misrepresentation of information to the University Judicial system.
18.3
Disruption or interference
with the orderly conduct of the University Judicial system.
18.4
Initiation of a judicial
proceeding knowingly without cause.
18.5
Attempting to discourage an
individual's proper participation in, or use of, the University Judicial
system.
18.6
Attempting or committing an
act of retaliation against a person or student organization that has
reported a violation of the Student Conduct Code.
18.7
Attempting to influence the
impartiality of a member of a judicial hearing body prior to, or during
the course of, the University Judicial system.
18.8
Harassment, abuse, or
intimidation of a member of a judicial hearing body prior to, during, or
after the University Judicial system.
18.9
Failure to comply with the
sanction or sanctions imposed under the Student Conduct Code.
18.10
Influencing or attempting to
influence another person to commit an abuse of the University Judicial
system.
19.
Conduct that is (a) obscene based on contemporary community standards or
that is (b) detrimental to the University's image as a public
institution.
Acts of misconduct by a
student organization shall be cumulative in effect, and all acts of
misconduct may be considered together in deciding whether the Student
Conduct Code has been violated and, if a violation is found, the
imposition of sanctions.
Cross-reference: Sections 5.070 and 7.020 of
the Code
8.050.3. Good
Samaritan Policy. The welfare of our students is of the highest
importance to Truman State University. There will be times when
individual students, both on and off campus, may be in critical need of
assistance from medical or other professional personnel. Truman
wants to minimize any hesitation that students or student organizations
might have in obtaining help due to concern that their own behavior
might be a violation of University policy.
While policy violations
cannot be overlooked, the University will take into consideration the
positive impact of reporting an incident on the welfare of students when
determining the appropriate response for policy violations by the
reporter of the incident. Any possible negative consequences for
the reporter of the problem should be evaluated against the possible
negative consequences for the student who needed intervention. At
a minimum, Truman hopes that a student or student organization would
make an anonymous report that would put the student in need in touch
with professional helpers.
Examples where the Good
Samaritan Policy may influence educational sanctions are:
1.
A female student is reluctant to report that she has been sexually
assaulted because she had been smoking marijuana just prior to the
assault.
2.
A student is reluctant to call an ambulance when a friend becomes
unconscious following excessive consumption of alcohol because the
reporting student is under the age of 21 and was also consuming alcohol.
3.
A member of a student organization is reluctant to report a possible
suicide attempt by a prospective member because prospective members have
been required to perform activities that might be considered hazing.
In all three of these
examples, a student’s physical and/or psychological well-being is in
serious jeopardy.
.8.060.
Relationship of Law Enforcement and University Conduct System.
If an action by
a student or student organization is, or appears to be, a violation of
both the law and the Student Conduct Code, then the violation shall be
handled by the University in the following manner.
8.060.1. Timing of
Conduct Hearings. University conduct proceedings may be instituted
against a student or student organization charged with a violation of a
law, which is also a violation of the Student Conduct Code (that is, if
both violations result from the same factual situation), without regard
to the pendency of civil litigation in court or criminal arrest and
prosecution.
8.060.2. Behavior
Outside the Area. If a student or organization is charged with a
violation of federal, state, or local law, as the result of behavior
which demonstrates flagrant disregard for the University community or
the University's objectives, or which causes genuine concern for the
safety of members of the University community, regardless of where it
occurred, the behavior may result in disciplinary action being taken and
if necessary, sanctions imposed. If a student is charged with a serious
crime of violence or other moral turpitude, which causes genuine concern
for the safety of the members of the University community, the Dean of
Student Affairs may utilize the provisions hereafter described in this
chapter to suspend the student from the University on an interim basis
while the criminal charges are pending. If a conviction results
from the criminal proceedings, the Dean of Student Affairs may utilize
the provisions hereafter described in this chapter to suspend or expel
the student from the University.
8.060.3. Cooperation
with Authorities. When a student is charged by federal, state or
local authorities with a violation of law, the University will not
request or agree to special consideration for that individual because of
his or her status as a student. If the alleged offense is also the
subject of a proceeding for a violation of the Student Conduct Code, the
University may advise off-campus authorities of the existence of the
Student Conduct Code and of how such matters are handled internally
within the University community. The University will cooperate fully
with law enforcement and other agencies in the enforcement of criminal
law on University premises and in the compliance with conditions imposed
by criminal courts for the rehabilitation of student violators.
Individual students and employees, acting in their personal capacities,
shall remain free to interact with governmental representatives, as they
deem appropriate.
.8.070.
University Conduct System.
Reports and complaints
of misconduct of a student shall be administered in accordance with the
standards of due process as established by this Code. Reports and
complaints of misconduct of a student organization shall be administered
in accordance with the standards of fundamental fairness as established
by this Code.
8.070.1 Complaint
Procedure. Any member of the University community may file a
complaint of misconduct by a student or student organization(s).
Complaints asking for action on the misconduct shall be prepared in
writing and signed by the complainant. Complaints are to be directed to
a Conduct Officer. Any complaint should be submitted as soon as possible
after the misconduct takes place or becomes known, preferably within ten
(10) calendar days. Absent special circumstances, no action may be taken
on reports or complaints received more than one year after the
misconduct takes place or becomes known, whichever is later. The
existence of special circumstances will be determined in each case by
the Dean of Student Affairs or his/her designee and will include any
threats or actions that, through trauma or fear, caused the complainant
or any witness to delay their reports of the misconduct. When a
complaint is received, the Dean of Student Affairs or his/her designee
will conduct an investigation to determine what further action will be
taken, including the following:
1.
No Action — Complaints
that fall outside the University’s jurisdiction, do not violate the
Student Conduct Code, or that are not supported by sufficient evidence,
may result in no action being taken by the Dean of Student Affairs
Office.
2.
Administrative Hearing
— The Dean of Student Affairs or his/her designee may meet with the
involved parties in an attempt to resolve the case. Such dispositions
shall be final and there will be no subsequent proceedings except in
those cases involving students whose sanction is suspension or expulsion
from the University or student organizations whose sanction is
recommendation for charter revocation or suspension or revocation of
University registration, or denial of registration for a chartering
student organization.
3.
Conduct Hearing Board —
any individual or student organization charged with a violation of the
Student Conduct Code may have the case heard by a Conduct Hearing Board
of his/her/its peers, under the discretion of a Conduct Officer.
8.070.2. Conduct
Hearing Board. The Conduct Hearing Board will be comprised of
students and faculty or staff. The board shall be chosen from a pool of
eligible candidates. For each case, a new Board will be chosen at random
under the supervision of a Conduct Officer. Any members of the pool who
have a conflict due to any prejudicial factors should remove themselves
from consideration. Each board chosen will elect a Chairperson, who will
conduct the hearing and serve as the official representative of the
Board. This Chairperson must be a full-time undergraduate student. The
Board will render decisions on all requests prior to and during the
hearing, and will be allowed to directly question all involved parties
(accused student(s) or student organizations(s), complainant(s), and
witnesses) during the hearing. All decisions will be made by a
majority vote. Abstention in voting is not permitted. Every voting
member shall either vote to support a motion or will vote not to support
a motion. The term for individuals chosen to be in the pool shall be two
calendar years (January 1st year one through December 31st
year two), and no member shall serve more than one consecutive term.
Three (3) members consisting of two (2) full-time students and one (1)
faculty or administrative staff member are necessary to hear a case. A
Conduct Officer is responsible for coordinating training sessions,
hearings, and assigning cases. The composition of the eligible pool will
be as follows:
1.
Six (6) full-time students
– who shall be appointed by the Dean of Student Affairs and recommended
by the President of Student Senate with the advice and consent of the
Student Senate. No more than two (2) full-time students will be allowed
to hear any case at any time.
2.
Three (3) Faculty – who
shall be appointed by the Dean of Student Affairs and recommended by the
Vice President for Academic Affairs after consultation with the Faculty
Senate. No more than one (1) faculty or staff member will be allowed to
hear any case at any time.
3.
Three (3) professional
administrative staff – who shall be appointed by the Dean of Student
Affairs. No more than one (1) faculty or staff member will be allowed to
hear any case at any time.
8.070.2.
Investigation and Disposition. A Conduct Officer, or other
designated representative, will conduct an investigation to determine if
the report or complaint has merit and if the reported violation, and any
resulting sanctions, can be disposed of administratively by mutual
consent of a Conduct Officer and the accused student or student
organization. If a complaint has been filed, a Conduct Officer may
confer with the complainant about the proposed terms of the
administrative hearing by mutual consent, prior to a finalization of an
agreement with the accused student or student organization. Such
disposition by mutual consent shall be final and there shall be no
subsequent proceedings. If the complaint cannot be disposed of by mutual
consent, the Conduct Officer shall prepare written charges against the
accused student or student organization, unless the Conduct Officer
finds there is no reasonable grounds for the filing of charges. If the
violation(s) cannot be disposed of with an administrative hearing, a
conduct hearing board will be assigned to resolve the case. A conduct
hearing board will recommend the imposition of sanctions, but a conduct
officer has the right to amend that recommendation.
8.070.3. Charges and
Time for Hearings. All charges shall be presented to the accused
student or student organization in the following manner:
1.
A written statement of charges
identifying the alleged violation(s) of the Student Conduct Code;
2.
The date, time, and place of
the hearing;
3.
A concise summary of the
alleged violation;
4.
A list of the University’s
witnesses (to be supplemented later if necessary); and
5.
A deadline for meeting with a
Conduct Officer.
8.070.4. Conduct of
Hearings. Hearings to determine whether or not a student or student
organization has violated the Student Conduct Code as charged, or as
reasonably related to the facts as charged, shall be conducted by a
conduct hearing body according to this Code and any other procedures as
issued by the Dean of Student Affairs. The hearings shall be
administrative in nature, and every attempt shall be made to assure fair
and impartial hearings. The hearings shall be conducted in closed
session, and all hearings and records shall be administered in
compliance with the Federal Family Educational Rights and Privacy Act.
The accused student or student organization has the right to consult an
advisor of his/her/its choice before, during, and after any conference,
hearing, or appeal. Advisors are not permitted to speak or to
participate directly, (i.e., make opening or closing remarks, examine or
cross examine, ask questions, to submit and object to evidence, to
address the hearing board), in any hearing, conference, or appeal.
8.070.5. Record of
Hearings. There shall be a single verbatim record, such as a tape
recording, of all hearings before a conduct hearing board. The record
shall be the property of the University. In the event a student or
student organization is appealing a decision or a sanction and wishes to
review a verbatim record, he/she/it may make a request in writing to do
so to the Dean of Student Affairs. Under no circumstances will a copy of
the recording be released. An appealing student or student organization
may request a typed summation of the hearing. The transcription should
normally be provided subject to payment of costs for the production of
the transcript. Personally identifiable information will be deleted. In
the event a mechanical failure occurs that prevents a verbatim
recording, the absence of a verbatim record shall not, in itself, be
cause for appeal. In such cases, a Conduct Officer will contact the
chairperson of the hearing board. The chairperson will reconvene the
hearing body and issue a record, which will include the finding of the
body, what evidence the body considered, and the basis for the finding.
This record shall be considered sufficient for review by an appeal
authority.
8.070.6. Conduct
Hearing Board Procedures. All proceedings of the conduct hearing
board shall be conducted in a fair and impartial manner. The hearings
shall be conducted in closed session, and all hearings and records shall
be administered in compliance with the Federal Family Educational Rights
and Privacy Act. In cases where a Conduct Officer serves as the
complainant, another Conduct Officer or the Chairperson of the Conduct
Hearing Board may carry out his/her pre-hearing duties.
.
8.080. Sanctions.
The imposition of
sanctions for violations shall be administered in the following manner.
8.080.1.
Listing of Sanctions. The following sanctions may be imposed upon
any student or student organization found to have violated the Student
Conduct Code.
1.
Warning. A notice in
writing to the student or student organization that the student or
student organization is violating or has violated one or more provisions
of the Student Conduct Code.
2.
Probation. A written
reprimand for one or more violations of the Student Conduct Code and,
when appropriate, conditions for continued enrollment. Probation is for
a designated period of time, and it includes the probability of more
severe sanctions if the student or student organization fails to fulfill
the conditions for continued enrollment or is found to be violating or
to have violated any provisions of the Student Conduct Code during the
probationary period.
3.
Loss of Privileges.
Denial of specified privileges for a designated period of time.
4.
Restitution.
Compensation for loss, damage or injury. This may take the form of
appropriate service and/or monetary or material replacement.
5.
Discretionary Sanctions.
Work assignments, service to the University, or other related
discretionary assignments. Such assignments are to be supervised by, and
must have the prior approval of, a Conduct Officer.
6.
Educational Sanctions.
Projects or assignments designed to educate a student or student
organization(s) in connection with the effect of their behavior on the
community.
7.
Residence Hall Probation.
A written reprimand for one or more violations of the Residence Life
Handbook and/or Student Conduct Code and, when appropriate, conditions
for continued residence on campus. Probation is for a designated period
of time, and it includes the probability for more severe disciplinary
sanctions if the student fails to fulfill the conditions for continued
residence or is found to be violating or to have violated any provisions
of the Residence Life Handbook or the Student Conduct Code during the
probationary period.
8.
Residence Hall Suspension.
Separation of a student or student organization from the residence halls
for a definite period of time, after which the student is eligible to
return. Conditions for readmission may be specified.
9.
Residence Hall Expulsion.
Permanent separation of a student or student organization from the
residence halls.
10.
Interim Suspension.
Temporary separation of a student or student organization(s) from the
University pending completion of disciplinary procedures, as referenced
in Section 8.090.
11.
Limited Access. A
student or student organization may be denied access to any or all of
University premises, or any activities or events arranged or sponsored
by the University or student organization, as the Dean of Student
Affairs or the Conduct Officer may determine to be appropriate.
12.
Interim Suspension of
Participation. Separation of a student or student organization from
participation in a University recognized activity or organization for a
definite period of time, after which the student or student organization
is eligible to return. Conditions for readmission may be specified.
While on interim suspension of participation, the student or student
organization is denied access to University premises, and all University
or student organization sponsored activity. In the case where a student
is a member of a student organization, the student is prohibited from
attending the student organization’s activities on or off-campus,
pending completion of the misconduct procedures.
13.
Recommendation for Charter
Revocation. An official request to the national office that the
local charter be revoked.
14.
Revocation or Denial of
University Registration/Recognition. Permanent severance of the
organization’s relationship with the University.
15.
Denial of Privilege to
Re-enroll. This permits the student to complete the current semester
barring further violations, but prohibits the individual from enrolling
for a definite period of time, after which the student is permitted to
return. Conditions for readmission may be specified. Records are
encumbered.
16.
University Suspension.
Separation of the student from the University for a definite period of
time, after which the student is eligible to return. Conditions for
readmission may be specified. Records will note a sanction of suspension
due to conduct proceedings. While on university suspension, the
student is denied access to University premises, and all University or
student organization sponsored activity. In the case where a student is
a member of a student organization, the student is prohibited from
attending the student organization’s activities on or off-campus.
17.
University Expulsion.
Permanent separation of the student from the University. Records will
note a sanction of expulsion due to conduct proceedings. While on
university expulsion, the student is denied access to University
premises, and all University or student organization sponsored activity.
In the case where a student is a member of a student organization, the
student is prohibited from attending the student organization’s
activities on or off-campus.
8.080.2. Multiple
Sanctions. More than one of the sanctions listed above may be
imposed for any single violation.
8.080.3. Special
Recommendations. If any of the following conditions exist in a
violation of the Student Conduct Code, more severe or multiple sanctions
may be given to the accused student(s) student organization(s):
1.
Evidence that the victim was
intentionally selected because of the victim’s actual or perceived race,
religion, national origin, gender, ethnicity, sexual orientation, or
disability;
2.
The use or possession of a
firearm(s) or other weapon(s);
3.
The possession of a controlled
substance, or evidence that the offender(s) was under the influence of a
controlled substance;
4.
The existence of a prior
record of violation(s) in this chapter by the accused student(s) or
student organization(s);
5.
Any additional factors which
contribute to the severity of the offense.
8.080.4. Additional
Actions. The foregoing sanctions are in addition to any actions that
any other office(s) is authorized to take for conduct violations or any
actions authorized to be taken by faculty members or Deans for acts of
academic misconduct.
8.080.5. Student and
Student Organization Records. Conduct sanctions become part of the
student's conduct record. Conduct records of students will be kept for a
period of no more than seven (7) years after the final disposition of
the violation, except in cases of suspension and expulsion, where the
record will be kept permanently. Student conduct records may be
kept longer due to special circumstance, as deemed necessary by the Dean
of Student Affairs. Conduct records of student organizations will be
kept permanently for historical and archival purposes. Generally, a
five-year time frame will be utilized when considering sanctions for a
student organization. However, a longer time frame may be
considered when evaluating sanctions for serious violations of the Code
(e.g., patterns of organizational behavior that include alcohol and drug
related misconduct, hazing, life safety issues, etc.). Students
may request to have their non-academic conduct records expunged under
the conditions listed below.
Expungement shall be at
the sole discretion of the Dean of Student Affairs and shall require the
entire record to be expunged or none of it to be expunged (i.e., partial
expungement will not be allowed). Conditions include:
1.
A written request for
expungement shall occur only upon completion of all degree requirements
and attainment of a degree. The Dean of Student Affairs Office should be
contacted for guidelines prior to submitting the request.
2.
Expungement may occur only for
students who have sanctions other than suspension or expulsion and whose
violations were determined to have not threatened or endangered the
health or safety of any person. The conduct record for students who have
been suspended or expelled are not eligible for expungement.
3.
Expungement decisions shall be
made based on obvious long-term improvement in behavior, or lack thereof
(i.e., no violations of the student conduct code for two or more
consecutive semesters prior to graduation); evidence, or lack thereof;
cooperation in previous student conduct matters; or any other reasonable
factor.
8.080.6.
Determination and Notice of Sanctions. In each case in which a
conduct hearing determines that a student or student organization has
violated the Student Conduct Code, the sanction or sanctions shall be
determined in accordance with the rules of this Code or rules issued by
the Dean of Student Affairs for that particular conduct hearing.
Following any conduct hearing, the decision will be sent via the United
States Postal Service mail or hand delivered to the accused and
complainant, if applicable, to the last known address and will include a
concise summary on the decision and recommendation of sanction(s), and
information on the appeal process.
.8.090.
Interim Suspension.
In certain
circumstances, the Dean of Student Affairs, or his/ her designee, may
impose a University or residence hall suspension prior to a conduct
hearing.
8.090.1. Reasons.
Interim suspension may be imposed only to ensure the safety and
well-being of members of the University community or preservation of any
University premises, to ensure the student's own physical or emotional
safety and well-being, or if the student poses a reasonable threat of
disruption of, or interference with, the normal operations of the
University.
8.090.2. Denial of
Access. During the interim suspension, a student or student
organization may be denied access to any or all University premises, or
any activities or events arranged or sponsored by the University or
student organizations, as the Dean of Student Affairs or the
Conduct Officer may determine to be appropriate.
.8.100.
Appeals.
The finding(s) or
sanction(s) of a conduct hearing body may be appealed to the Dean of
Student Affairs by an accused student or student organization. Only the
sanction(s) may be appealed by a complainant. Administrative hearing
dispositions shall be final and there will be no subsequent proceedings
except in those cases involving students whose sanction is suspension or
expulsion from the University or student organizations whose sanction is
recommendation for charter revocation or suspension or revocation of
University registration/recognition.
8.100.1. Contents of
the Appeal. The appeal must include the grounds for the appeal as
well as supporting facts and arguments. New evidence may not be
presented during the appeals process unless the defendant can prove that
it was unavailable during the previous conduct hearing and only if the
Dean of Student Affairs allows its admission. The following are grounds
for an appeal:
1.
The hearing board deprived the
accused of a right the accused had according to the rules and
regulations governing the University Conduct System; and this
deprivation materially affected the decision;
2.
The finding of "in violation"
is not supported by substantial evidence;
3.
The sanction(s) imposed is not
representative of the violation based upon circumstances of the act of
misconduct and the prior record of the accused.
8.100.2. Burden of
Proof. In the original hearing, the complainant has the burden of
proving by a preponderance of evidence that the accused violated the
Student Conduct Code. During the appeals process, the burden of proof
rests with the accused. The standard of proof remains the same.
8.100.3. Filing.
Any appeal must be submitted in writing, addressed to the Dean of
Student Affairs and hand delivered to a Conduct Officer, and include all
supporting facts and arguments, no later than seven (7) calendar days
after the notification of decision has been delivered to the accused. An
appeal letter must meet two conditions:
1.
It must cite the basis of the
appeal;
2.
It must provide sufficient and
detailed information to support the appeal.
Failure to meet either
or both of these conditions shall be sufficient cause to deny an appeal.
A Conduct Officer shall make the determination as to whether both
conditions have been met.
8.100.4. Appeal to
the Dean of Student Affairs. In cases involving appeals by a student
or student organization found responsible for violating the Student
Conduct Code, review of the sanction or sanctions by the Dean of Student
Affairs may result in an affirmation or reduction of sanctions, but may
not result in more severe sanctions, for the student or student
organization. The restriction against more severe sanctions shall not
apply in appeals filed by complainants. The Dean of Student Affairs will
render a decision based on the appeal no later than fourteen (14)
calendar days after the date the appeal was hand delivered to a Conduct
Officer. The Dean of Student Affairs’ decision will be sent via United
States Postal Service mail or hand delivered to the accused and
complainant, if applicable, to the last known address and will include a
concise summary on why the decision was upheld or amended as well as
information on the appeal process. Any decision rendered by the Dean of
Student Affairs shall be final except in those cases involving students
whose sanction is suspension or expulsion from the University or student
organizations whose sanction is recommendation for charter revocation or
suspension or revocation of University registration/recognition. In
those cases, the accused may appeal to the President of the University.
8.100.5. Review by
President. When final action on an appeal has been completed by the
Dean of Student Affairs, the accused or the complainant may request a
review of the record of the proceedings by the President of the
University. Such a request for review must be filed within seven (7)
days after notice of the Dean of Student Affairs’ decision is delivered
or mailed to the parties. This request for review must be addressed to
the President of the University and must be hand delivered to a Conduct
Officer and meet the appeal conditions as defined in 8.100.3. Failure to
meet either or both of these conditions shall be sufficient cause to
deny an appeal. The Dean of Student Affairs shall make the determination
as to whether both conditions have been met. Upon review of the record,
the President of the University may affirm, reverse, or modify the
decisions of a Conduct Officer, the conduct hearing board, or the
decision of the Dean of Student Affairs and may impose such sanction or
sanctions as he or she deems appropriate. The President’s decision will
be rendered in a reasonable matter of time. The President’s
decision will be sent via United States Postal Service mail or hand
delivered to the accused and complainant, if applicable, to the last
known address and will include a concise summary on why the decision was
upheld or amended. The President's action shall be final on behalf of
the University.
.8.110.Interpretation,
Review, and Revision.
Questions of
interpretation and periodic reviews of this policy shall be administered
in the following manner:
8.110.1.
Interpretation. Any questions of interpretation regarding the
Student Conduct Code shall be referred to the Dean of Student Affairs or
his/her designee for determination.
8.110.2. Review.
The Code shall be reviewed once every three years under the direction of
the Dean of Student Affairs. In all cases, review of this document
should be done in conjunction with the University General Counsel, the
Vice President for Academic Affairs, and the Student Senate.
Source: Resolution of the Board dated June 28, 2003
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