{"id":11,"date":"2022-01-04T09:52:00","date_gmt":"2022-01-04T15:52:00","guid":{"rendered":"https:\/\/www.bemidjistate.edu\/offices\/student-life-success\/handbook\/?page_id=11"},"modified":"2023-10-25T11:37:12","modified_gmt":"2023-10-25T16:37:12","slug":"student-code-of-conduct","status":"publish","type":"page","link":"https:\/\/www.bemidjistate.edu\/offices\/student-life-success\/handbook\/student-code-of-conduct\/","title":{"rendered":"Student Code of Conduct"},"content":{"rendered":"
The BSU Student Code of Conduct and Student Conduct System are an integral part of 91探花’s mission. The student conduct system contributes to the teaching of appropriate individual and group behavior and establishes behavioral expectations to foster a campus community free from disruption and harm. Students are expected to be familiar with the Student Code of Conduct and the Student Conduct System.<\/p>\n
The rights and responsibilities of students and the expectations of the University are described in this handbook along with grievance and other procedures. Behavior that is threatening to the safety or welfare of one’s self or others, or that is harassing or discriminatory in nature, will be reviewed promptly by the University and appropriate action will be taken.<\/p>\n
91探花 standards of conduct are published here as the Code of Conduct. This Code does not replace or reduce the requirements of civil or criminal laws. Members of the University community also have responsibilities as citizens. The campus is not a sanctuary from the general law. University community members violating civil or criminal law may be subject to University Conduct procedures for the same conduct when the conduct occurs on campus or when it occurs off campus but is directly related to the University community. The University may initiate Student Conduct action at its discretion. The University has obligations to all members of its community to conduct its affairs effectively and efficiently. Therefore, in prescribing a Student Conduct System, it is essential that the rights and responsibilities of the individual be considered concurrently with the rights and responsibilities of the institution and other members of the University community. Thus, the University bases its Code of Conduct and Student Conduct System on the following principles:<\/p>\n
The Code of Conduct governing the behavior of students of 91探花:<\/p>\n
Students will adhere to federal, state, local, State University Board and 91探花 laws\/regulations that govern individual actions and relationships among university members for the common good.<\/p>\n
Students will work as honest and respectful partners with the University in fulfilling its academic and administrative mission and responsibilities, fulfilling their academic endeavors in an honest and forthright manner.<\/p>\n
Students will speak and listen to others with care, seeking personal understanding and maintaining respect and civility.<\/p>\n
Students will respect and protect the personal privacy, rights and safety of others with regard to physical and sexual boundaries, living space, possessions, electronic accounts and academic endeavors.<\/p>\n
Behaviors that violate these responsibilities and may result in Student Conduct action are contained within the following Student Code of Conduct:<\/p>\n
A. Violation of written policies or regulations contained in any official publication or administrative announcement of the MnSCU Board or 91探花. This includes, but is not limited to, the State University Internal Rules, BSU Student Handbook, Policies and Procedures Manual, Residential Life Agreement terms, Residence Halls Agreement terms, Catalog, etc.<\/p>\n
B. Violation of local, state or federal law on University property or off-campus when such violation of the law is directly related to the University Community.<\/p>\n
C. Academic dishonesty, including, but not limited to, cheating and plagiarism. (See Academic Integrity Policy and Related Policies and Procedures<\/a>)<\/p>\n D. Disruption or obstruction of teaching, research, administration, disciplinary proceedings or other University activities, including its public service functions on or off campus or other authorized non-university activities when the conduct occurs on University premises.<\/p>\n E. Knowingly furnishing false information to the University or other similar forms of dishonesty in University-related affairs, including knowingly making false oral or written statements to any University Conduct Board or Student Conduct Officer.<\/p>\n F. Forgery, alteration, destruction or misuse of University documents, records, identification cards or papers.<\/p>\n G. Failure to comply with directions of, or to present identification to, University officials or law enforcement officers acting in the performance of their duties. This includes failure to comply with conditions of sanctions resulting from previous University conduct action.<\/p>\n H. Unauthorized entry into or use of University facilities or equipment, or unauthorized possession, duplication or use of keys to any university premises.<\/p>\n I. Use, possession or carrying of firearms (including, but not limited to, pistols, rifles, air guns, shotguns or ammunition), incendiary devices, smoke devices, hand bills, dangerous knives, explosives, bows and arrows or other dangerous weapons while on University owned or controlled property or at University-sponsored or supervised activities, except by authorized law enforcement officers and other persons specifically authorized by the University. (Regarding recent new Minnesota “conceal and carry” gun legislation, it is specifically noted that MnSCU and BSU policy prohibit students from possessing or carrying a firearm while on University property, regardless of whether the student has a permit to carry a firearm, except as otherwise provided by MnSCU or BSU policy. The full MnSCU policy<\/i><\/a> may be accessed electronically.)<\/p>\n 91探花 recognizes its educational responsibility to its members regarding the use of alcohol and other drugs. This responsibility includes providing information regarding the effects of alcohol and other drugs, raising issues regarding responsible versus irresponsible use and establishing written standards and sanctions for illegal use and\/or use which results in behavior that violates the University’s Code of Student Conduct and civil and state laws. Sanctions for violations of the University policy on alcohol and other drugs may include, but are not limited to:<\/p>\n J. Use, possession or distribution of alcoholic beverages, except as permitted by law and University policy. (See Alcohol and Other Drug Policy<\/a>.)<\/p>\n K. Unauthorized use, possession, manufacture or distribution of any controlled substance or illegal drugs and \/ or drug paraphernalia. (See Alcohol and Other Drug Policy<\/a>.)<\/p>\n L. Theft of, damage to or unauthorized use of property of the University or property of any of its members or visitors.<\/p>\n M. Physical abuse, verbal abuse, threats or harassment of a person including but not limited to stalking, defamation, intimidation or harassment through other persons or use of electronic or other communication devices such as video, computers or telephones.<\/p>\n N. Conduct that threatens or endangers the health or safety of a person, to include oneself.<\/p>\n O. Engaging, individually or in concert with others, in sexual misconduct; i.e. non-consensual physical conduct of a sexual nature including but not limited to domestic violence, dating violence, stalking<\/strong>, sexual physical abuse, rape or any other form of sexual assault or threat of sexual violence. (In compliance with MnSCU policy 1B.3 and procedure 1B3.1, a separate investigative and decision-making process has been established at 91探花 for review of complaints of sexual violence. See the Student Handbook page on Sexual Violence<\/i><\/a>) Note<\/strong>: Consent does not exist when acts are committed by force, intimidation, coercion or through use of authority or the victim’s mental or physical incapacity even if that lack of capacity is chemically self-induced. The expectation is that consent is clear and mutual. <\/i><\/p>\n P. Conduct that is disorderly, lewd or indecent; breach of peace; or aiding, abetting or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University or members of the academic community.<\/p>\n Q. Gambling for money or other things of value, except as permitted by law.<\/p>\n R. Hazing: An act which endangers the mental or physical health or safety of a person, subjects a person to public humiliation or ridicule or which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with or as a condition for continued membership in a student group or organization. Hazing, whether occurring on or off campus, shall be considered a violation of this code.<\/p>\n S. Discrimination\/Harassment. (In compliance with MnSCU policy 1B.1 and procedure 1B1.1, a separate investigative and decision-making process has been established at 91探花 for review of complaints of discrimination and\/or harassment. (See the page on Equal Opportunity and Non-Discrimination in Employment and Education<\/i><\/a>.)<\/p>\n Conduct sanctions shall be commensurate with the seriousness of the offense and may include separation from the University. Repeated violations justify increasingly severe sanctions. The following sanctions shall comprise the range of official action which may be imposed for violation of regulations. One or more sanctions may be imposed.<\/p>\n The mechanism for adjudicating cases of alleged misconduct on the part of student members of the University is the Student Conduct System. Allegations of academic dishonesty are reviewed through a separate process outlined in this Handbook. The Student Conduct System of 91探花 consists of the Student Conduct Policy Committee, the Residence Hall Floor Hearings, Residence Hall Directors, the Residence Hall Hearing Board, the University Student Conduct Officer, the University Conduct Board and the Division of Student Affairs. BSU student conduct policy and procedures conform with MnSCU Student Conduct Policy and Procedure<\/i><\/a>. The Student Code of Conduct applies at all locations of the university and all university activities wherever located. Student organizations are subject to the University Code of Conduct and Procedures (MnSCU 3.6.1, Part 1)<\/p>\n Review of complaints of sexual violence and discrimination\/harassment are reviewed through separate policies and investigative and decision-making processes. Information on these policies and can be found at: Sexual Violence Policy<\/i><\/a><\/p>\n See the harassment and discrimination violation review process.<\/p>\n 91探花 provides students charged with a student conduct violation the opportunity to address and resolve the charge through informal and\/or formal hearing processes. Following is MnSCU policy (MnSCU 3.6.1, Part 4) that guides 91探花’s student conduct process:<\/p>\n In certain circumstances, the administrator (at BSU this is the student conduct officer) may impose a summary suspension prior to the informal or formal proceedings described in the previous articles. A summary suspension may be imposed only when, in the judgment of the administrator, the accused student’s presence on the college or university campus would constitute a threat to the safety and well-being of members of the campus community. To the greatest extent possible before implementing the summary suspension, the accused student shall be given oral or written notice of the intent to impose summary suspension and shall be given an opportunity to present oral or written arguments against the imposition of the suspension. However, the refusal of a student to accept or acknowledge this notice shall not prevent the implementation of a summary suspension. Notice of the summary suspension shall be provided in writing to the student. After the student has been summarily suspended, the student shall be provided an opportunity for a formal or informal hearing within the shortest reasonable time period, not to exceed nine (9) school or business days. During the summary suspension, the student may not enter the campus without obtaining prior permission from the administrator.<\/p>\n Approval Date: 01\/19\/06, Effective Date: 01\/19\/06,<\/em><\/p>\n Specific information on student conduct policy, procedure and appeal processes can be obtained through the University Conduct Officer, Office of the Vice President for Student Development & Enrollment, 755-2075.<\/p>\n See the appeals process.<\/p>\n Appeals must be based on the issue of substantive or procedural errors which were committed during the conduct process. The specifics to be addressed on appeal are:<\/p>\n The student and\/or student organization must demonstrate that one or more of the above grounds for appeal has merit.<\/p>\n When a student and\/or student organization has accepted responsibility for violating the Student Code of Conduct as part of an informal conduct meeting, the student and\/or student organization may appeal only the sanction(s). In these instances, the appeal shall be in writing to the Division of Student Affairs or his\/her designee (as identified in the decision letter) within five (5) business days of the student and\/or student organization’s receipt of the decision.<\/p>\n Appeals shall be made to the Division of Student Affairs or his\/her designee (as identified in the decision letter) within five (5) business days of the Respondent’s receipt of the decision of the formal conduct hearing. The appeal shall be in writing, stating the ground(s) for appeal. The appeal letter will be reviewed by the Dean of Student Success in the Division of Student Affairs, who may schedule an appeal meeting if more information is needed. The Dean of Student Success will notify the student and\/or student organization found in violation within five (5) business days of receiving the appeal letter. The appeal decision is final. Failure to file an appeal or request an extension in a timely manner constitutes a waiver of any right to an appeal.<\/p>\n If an appeal meeting is scheduled, a student’s adviser may attend. In the event new evidence is relevant to the outcome of the decision, the Dean of Student Success or designee may request a re-hearing.<\/p>\n In cases involving sanctions of suspension for 10 days or longer, students have a right to a contested case hearing under Minnesota State Statute 14<\/i><\/a>. Appeals for cases reviewed through MnSCU 1B.1 (harassment & discrimination) and 1B.3 (sexual violence) procedures are outlined in those policies:<\/p>\n 91探花 may hold students accountable for a violation of the Student Code of Conduct committed off campus when:<\/p>\nStatement about Drugs and Alcohol<\/h4>\n
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Section III: University Sanctions for Conduct Code Violations<\/h3>\n
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Section IV: The Student Conduct System<\/h3>\n
Harassment and Discrimination<\/h3>\n
Definitions: MnSCU 3.6.1, Part 2<\/h4>\n
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Process<\/h4>\n
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Summary Suspensions: MnSCU 3.6.1, Part 5<\/h4>\n
Section V: Appeals<\/h3>\n
Grounds for Appeal<\/h4>\n
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Appeal of Informal Conduct Hearing<\/h4>\n
Appeal of Formal Conduct Hearing<\/h4>\n
\n<\/strong><\/p>\nAppeals for cases Reviewed Under MnSCU 1B.1 or 1B.3<\/h4>\n
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Off-Campus Conduct<\/h3>\n
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