Printed on: 11/14/2018. Please go to http://policy.umn.edu for the most current version of the Policy or related document.
Procedure

Student Conduct Code Procedure - Morris

Administrative Procedure

Table of Contents

Introduction and purpose

  • This procedure implements Board of Regents Policy: Student Conduct Code and explains the Morris campus's process for actions initiated against students or student organizations by the University under Board of Regents Policy: Student Conduct Code. Procedures governing resolution of student-initiated complaints against the University are provided pursuant to Board of Regents process encourages informal resolution of complaints where appropriate.
  • Student development is emphasized. The disciplinary process emphasizes the educational purpose in student discipline, including helping students understand and accept responsibility for their own behavior.
  • Community interests are met. While the emphasis of the disciplinary process is on responsible student self-development, the nature of the offense may require, in fairness to the community, the imposition of disciplinary sanctions.
  • Students receive fair treatment. Most disciplinary matters are resolved informally, with the agreement of the student. When the people involved are unable to reach agreement, however, Board of Regents Policy: Student Conduct Code requires that students have the opportunity to receive a fundamentally fair hearing and a campus-wide appeal.

Different disciplinary processes: Morris campus

The University of Minnesota, Morris has a campus-wide disciplinary process, managed by Office of the Vice Chancellor for Student Affairs and the Student Behavior Committee (SBC) that handles most complaints under Board of Regents Policy: Student Conduct Code. In certain circumstances, discipline follows another process.

  • The campus addresses complaints of scholastic dishonesty (which is a violation of Board of Regents Policy: Student Conduct Code) through the Committee on Academic Integrity, a subcommittee of the Scholastic Committee.
  • The Division of Education and other academic programs may maintain program specific codes of conduct for their students.
  • Certain academic administrative units, specifically Residential Life, Student Activities, Intercollegiate Athletics and the University of Minnesota Learning Abroad Center, also may maintain disciplinary processes for violations of their rules of conduct.

Regardless of the process, Student Affairs and the Student Behavior Committee are a resource in handling disciplinary matters.

Complaints of violations of Board of Regents Policy: Student Conduct Code

Complaints of violation of Board of Regents Policy: Student Conduct Code may issue from the SBC, a responsible administrator under the program specific code of conduct of an academic program, a responsible administrator under the disciplinary processes of an appropriate administrative unit (i.e., Residential Life, Student Activities, or the Learning Abroad Center), or an instructor in the case of a grade sanction for scholastic dishonesty. In any case, students are entitled to notice identifying the alleged violations and explaining the basis for the allegations. Complaints should be made as soon as possible after the event takes place.

Academic and Administrative Resolutions

It is desirable that some complaints regarding possible violations of Board of Regents Policy: Student Conduct Code be settled directly within the appropriate administrative unit. These persons and agencies investigate allegations of misconduct and work with the concerned parties to reach an administrative resolution of the dispute whenever possible.

  • If at any time the accused party requests a formal hearing process, the issue can be referred to the Student Behavior Committee (SBC). Where disciplinary action taken by administrative units is involved, the student can request a formal hearing by the SBC.
  • For academic integrity complaints, if the accused party requests a formal hearing process, the issue will be referred to the Committee on Academic Integrity.

The offices and administrators that resolve complaints under Board of Regents Policy: Student Conduct Code are:

  • Student Behavior Committee (SBC)

    The Student Behavior Committee (SBC) handles complaints of violations of Board of Regents Policy: Student Conduct Code other than scholastic dishonesty, and may be involved in resolving complaints of scholastic dishonesty, especially when other misconduct under Board of Regents Policy: Student Conduct Code could be involved. The Student Behavior Committee also handles complaints that fall within an administrative unit's rules but are so serious as to warrant a University, rather than unit, response.

    The SBC Chair will meet with the accused student; review related reports and evidence; and consult with other affected individuals. In most cases, the Chair will then determine whether a finding of responsibility for a violation of Board of Regents Policy: Student Conduct Code is appropriate and if so develop a proposed resolution, including sanctions, which will be presented to the accused student. An accused student may accept the Chair's proposed resolution or may choose to request a hearing before the SBC. The SBC Chair may choose to send a complaint directly to a hearing.

    Record Hold. Students who refuse to respond to the SBC upon receiving a complaint of violation of Board of Regents Policy: Student Conduct Code will have a hold placed on their record, preventing them from registering or obtaining a transcript until they respond to the complaint.

  • Instructors for scholastic dishonesty complaints

    Allegations of scholastic dishonesty frequently are first raised by the affected instructor and are often resolved simply by the assignment of a grade or other academic consequence in the class and the acceptance of that grade or consequence by the student. Instructors should report all cases of scholastic dishonesty to the Office of the Vice Chancellor for Student Affairs, even if the matter is resolved. The Office of the Vice Chancellor for Student Affairs is the central repository for all reports of scholastic dishonesty violations. The procedures are detailed in the Student Academic Integrity Misconduct Procedures - Morris.

  • Responsible administrator in the Division of Education or an academic program

    The Division of Education and other academic programs may maintain program specific codes of conduct for their students. Administrative resolution will be offered for reported violations, including appropriate notice, appeals, and due process.

  • Administrative unit

    Some administrative units (Residential Life, Student Activities, Intercollegiate Athletics, and the University of Minnesota Learning Abroad Center) have their own disciplinary processes, which overlap with Board of Regents Policy: Student Conduct Code, and may issue and resolve complaints of their rule violations through their own process. If at any time the accused student requests a formal hearing process, the issue can be referred to the Student Behavior Committee (SBC). Where disciplinary action taken by administrative units is involved, the accused student can request a formal hearing before the SBC.

    Board of Regents Policy: Student Conduct Code complaints that are so serious as to warrant sanctions beyond the authority of the particular administrative unit, however, should be forwarded by the unit to SBC for handling, which may include a hearing before the SBC.

Formal resolution

If a complaint under Board of Regents Policy: Student Conduct Code is not resolved administratively, the accused student is entitled to a hearing. The hearing procedure varies depending on the circumstances and the nature of the complaint. The hearing bodies are:

  • Student Behavior Committee (SBC)

    The Student Behavior Committee (SBC) is a campus-wide hearing body comprised of faculty, P&A staff and students that hears and decides complaints under Board of Regents Policy: Student Conduct Code. On the Morris Campus, formal disciplinary action is the responsibility of this faculty-student committee of the Student Affairs Committee. The chair of the Student Affairs Committee appoints an SBC consisting of two faculty chairs, at least 5 students and at least 4 faculty or P&A staff members. At least two administrative Secretaries are appointed by the Vice Chancellor for Student Affairs.

    See Administrative Procedure: Student Behavior Committee Hearing Procedures: Morris. The SBC has authority to hear all types of complaints under Board of Regents Policy: Student Conduct Code, including:

    • complaints under Board of Regents Policy: Student Conduct Code of misconduct other than scholastic dishonesty, including sexual assault, sexual harassment, stalking, and relationship violence;
    • complaints of scholastic dishonesty referred by Committee on Academic Integrity (i.e., complaints involving a student that are accompanied by non-scholastic complaints under Board of Regents Policy: Student Conduct Code;) and
    • any other complaints under Board of Regents Policy: Student Conduct Code that are referred to the Student Behavior Committee by an administrative office.
  • Committee on Academic Integrity

    The campus addresses complaints of scholastic dishonesty (which is a violation of Board of Regents Policy: Student Conduct Code) through the Committee on Academic Integrity, a subcommittee of the Scholastic Committee.

    If a satisfactory resolution in a case of academic integrity between the instructor/supervisor and accused student cannot be reached, or if the accused student contests the accusation and/or action of the instructor, the matter may be referred by any of the parties to the Committee on Academic Integrity (CAI) for resolution.

    The CAI also provides hearings to resolve persistent violations, in collaboration with the SBC:

    • Any student found responsible for two or more violations of academic integrity is considered to have persistent violations. The Vice Chancellor for Student Affairs will contact the Scholastic Committee Chair to initiate a hearing of the CAI.
    • Any student found responsible for one or more violations of academic integrity AND one or more behavioral violations of Board of Regents Policy: Student Conduct Code is considered to have persistent violations. The Vice Chancellor for Student Affairs will contact the Chair and Secretary of the SBC, the Chair of the Scholastic Committee and CAI representative. Sanctions will be determined via a hearing of the Student Behavior Committee.

    See Administrative Procedure: Student Academic Integrity Misconduct Procedures - Morris, for complete listing of procedures.

  • Student Behavior Committee and Committee on Academic Integrity Hearings

    In all cases, hearings on violations of Board of Regents Policy: Student Conduct Code must be fundamentally fair. What constitutes fundamental fairness in a University hearing depends on a number of factors, including the seriousness of the potential penalty. However, a fundamentally fair hearing process usually allows for students or student organizations to:

    • be notified in writing of the alleged violation and the underlying factual allegations; the time, date, and place of the hearing; and the range of possible sanctions;
    • receive a prompt hearing;
    • present their case, including witnesses;
    • hear all evidence against them;
    • question adverse testimony;
    • be confronted by their accusers (subject to reasonable procedures to address concerns for safety or well-being);
    • be accompanied or represented by an advocate of their choice;
    • be found responsible only if the information as a whole shows that it is more likely than not that the student's conduct violated Board of Regents Policy: Student Conduct Code;
    • receive a written disciplinary decision following the hearing; and
    • receive notification of the procedure for a campus-wide appeal of the disciplinary decision.

    A formal record, an electronic recording, or a transcript of the hearing procedure must be kept for appellate purposes. Board of Regents Policy: Student Conduct Code hearings are not court cases, and court rules of process, procedure, or evidence do not apply.

Possible sanctions for violation of Board of Regents Policy: Student Conduct Code

Board of Regents Policy: Student Conduct Code outlines the range of sanctions for violation of Board of Regents Policy: Student Conduct Code. Colleges, programs, and administrative units may further define the applicable sanctions under their processes. When hearing cases of violations of Board of Regents Policy: Student Conduct Code, the Student Behavior Committee and Committee on Academic Integrity are authorized to apply the full scope of sanctions available to the University, including expulsion from the University. Academic or administrative units enforcing their own codes or disciplinary rules generally limit their sanctions to those that fall within the reach of the program or administrative unit. Cases that may warrant a broader sanction should be referred to or coordinated with the Student Behavior Committee.

Appeal

A student found to have violated Board of Regents Policy: Student Conduct Code is entitled to a campus-wide appeal of disciplinary decisions made in the hearing process. The reporting party in a sexual assault, sexual harassment, stalking, or relationship violence case also has the right to a campus-wide appeal.

Grounds for Appeal

The following are the grounds for appealing a disciplinary decision.

  • The original decision was made in the absence of important information now available.
  • There was a lack of fairness in the process (such as lack of notice, opportunity to be heard, and/or opportunity to question).
  • There was inconsistency between the sanction and the severity of the offense.
  • There was inconsistency between the original decision and the information presented at the hearing, and/or a decision that conflicts with the interests of other affected University constituents.

Appellate Committee and Officer

A panel of the Consultative Committee serves as the appellate review committee. The panel provides a recommendation to the Chancellor based on their review. The Chancellor serves as appellate officer and makes the final University decision regarding student discipline. The Chancellor may authorize another administrator who holds a position of campus-wide scope to serve as the appellate officer in the Chancellor's place.

Procedure for Filing an Appeal

To appeal a disciplinary decision, a student found to have violated Board of Regents Policy: Student Conduct Code or the reporting party in a sexual assault, sexual harassment, stalking, or relationship violence case must submit a notice of appeal to the Chancellor's Executive Assistant within five (5) days of receipt of the original disciplinary decision. (Address: Office of the Chancellor, 309 Behmler Hall, 600 East 4th Street, Morris, MN 56267 or call 320-589-6020 to request an email address for the appeal.) The request must be submitted in writing with a clear statement of the grounds on which the appeal will be based. (See Grounds for Appeal, above.) The appeal must state clearly the facts that support the claim that serious error occurred in the original proceeding, as well as relief requested from the Appeal Panel.

Review of Information

To consider an appeal, the Consultative Committee panel will review the written appeal submitted by the appellant. The panel may review any or all portions of the hearing record and related processes as appropriate to the specifics of the appeal. The panel also has discretion to seek further information to assist in deciding the appeal, including one or more of the following:

  • additional written information from the student appellant, including citations to key portions of the record;
  • a written response from the hearing panel chair or representative of the panel;
  • written responses to questions, from the appellant, the respondent, the hearing panel chair (or representative), the university presenter, the Student Behavior Committee administrative secretary or other parties involved in the hearing; and/or
  • oral presentations from the appellant, the respondent (or their advocate/attorney) and/or the hearing panel chair or a representative of the panel, which will be recorded.

In cases of sexual assault, sexual harassment, stalking, or relationship violence, if the student found to have violated Board of Regents Policy: Student Conduct Code is asked to submit written information or to appear for an oral presentation, the reporting party will be offered the same opportunity. If the reporting party in a sexual assault, sexual harassment, stalking, or relationship violence case is asked to submit written information or to appear for an oral presentation, the student who was accused will be offered the same opportunity. At any oral presentation, the accused student and the reporting student each may be accompanied by a support person.

Appellate Decision

The Consultative Committee panel will provide a recommendation to the Chancellor based on the panel's review. The panel may recommend that the decision of the SBC be accepted, modified, or rejected, or that the matter be returned for further proceedings.

The Chancellor (or chancellor's designee), acting as appellate officer, makes the final University decision. The appellate officer may accept, modify, or reject the disciplinary decision of the hearing body, or return the matter for further proceedings. The appellate officer will provide a written decision to the appellant and the chair of the hearing body. In cases of sexual assault, sexual harassment, stalking, or relationship violence, the appellate officer will provide simultaneous written notice to the accused student, the reporting party, and the chair of the hearing body.

Sanctions Pending Appeal

The decision is not enforced until the appeal is resolved.

Approved by the Student Behavior Committee, Student Affairs Committee, and Vice Chancellor for Student Affairs, Spring Semester 2014.

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