Resolving Alleged Student Conduct Code Violations
Each campus will develop and maintain fair processes for resolving complaints against students and student organizations under Board of Regents Policy: Student Conduct Code. These processes will emphasize student development through understanding and accepting responsibility for personal behavior, while protecting community interests and due process. Each campus's disciplinary process will:
- provide fair notice to students of alleged violations of Board of Regents Policy: Student Conduct Code;
- encourage informal resolution of alleged violations without the need for a hearing;
- permit students the opportunity for a fair hearing upon request, and the opportunity for one campus-wide appeal of a finding of violation of the Code; and
- provide for a preponderance of the evidence (i.e. more likely than not) standard of proof.
For cases involving violations of sexual assault, sexual harassment, stalking, or relationship violence, each campus's disciplinary process will also:
- be conducted by officials who receive annual training on the issues related to sexual assault, sexual harassment, stalking, and relationship violence and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability;
- provide equitable access to an appeal by both the accused student and the reporting party;
- allow equitable access to a support person of their choice for both the accused student and the reporting party at any related meeting or proceeding;
- allow equitable access to an advocate, if permitted for either, for both the accused student and the reporting party at any related meeting or proceeding; and
- provide simultaneous written notice to both the accused student and the reporting party:
- of the results of any disciplinary proceeding;
- of the procedure for the accused student and the reporting party to appeal the results of the disciplinary proceeding;
- of any change to the results prior to the time the results become final; and
- when the results become final.
The campus will provide a hearing body to conduct hearings requested by students. The hearing body may differ depending on the college or program in which the student is enrolled and the nature of the alleged violation. Each campus will maintain a student behavior committee that may be the hearing body for any case under Board of Regents Policy: Student Conduct Code. Colleges may, however, establish their own hearing bodies to decide intracollege scholastic honesty cases under the Code (that is, cases that involve the college's student within the college's own course). Likewise, certain administrative programs, such as housing and residential life, student activities offices, and learning abroad offices, may establish and apply their own codes of conduct and hearing procedures. Any student found to have violated Board of Regents Policy: Student Conduct Code under any of these processes is entitled to one campus-wide appeal.
REASON FOR POLICY
This administrative policy implements Board of Regents Policy: Student Conduct Code. It provides a framework for each campus to fairly resolve complaints about violations of Board of Regents Policy: Student Conduct Code.
- Non-attorney chosen by the party who represents the party through the disciplinary process.
- An individual who has a law degree.
- Support Person:
- For sexual assault, sexual harassment, stalking, or relationship violence case, a person chosen by the party who accompanies the party through the disciplinary process but does not speak or participate in the process.
- Student organizations:
- Student-led organizations that are registered pursuant to campus policies.
- Ensure the establishment and maintenance of appropriate disciplinary procedures on their system campus.
- Ensure the establishment and maintenance of appropriate disciplinary procedures on the Twin Cities Campus.
- Board of Regents Policy: Conflict Resolution Process for Student Academic Complaints
- Board of Regents Policy: Student Conduct Code
- Administrative Policy: Sexual Assault, Stalking, and Relationship Violence
- March 2014 - Comprehensive Review, Major Revision: 1. This policy version includes a new section that outlines required elements of a campus disciplinary process related to allegations of sexual assault, sexual harassment, stalking, or relationship violence. 2. Provides for one campus-wide appeal for the reporting party to align with recent law changes in the Violence Against Women Reauthorization Act of 2013.
- March 2008 - Administrative Policy to implement Board of Regents Policy: Student Conduct Code.