Student Rights and Responsibilities

Minot State University’s Office of the President authorizes the designees in the Student Affairs Office, the Title IX Office, and the Residence Life Office to uphold the values of Minot State through the governance of matters pursuant to the Minot State University Code of Student Life.

Governing Bodies

1. Vice President of Student Affairs Office: The VPSA is the designated Student Code Administrator. 
2. Student Welfare and University Affairs Committee: The committee consists of 4 faculty and/or staff members, appointed by the President, and four student members appointed by the Student Senate.
3. Students Rights Committee: The committee consists of six faculty or staff members appointed by the Faculty Senate and three student members, appointed by the Student Senate.
4. Residence Life Office- The Residence Life Coordinator and Director of Residence Life are designated Student Code Administrators. Please refer to the Residence Life Community Handbook for more details regarding Residence Hall policies.
5. Title IX Office: Please refer to the Title IX webpage for complete information. 

The Minot State University Code of Student Life is applicable to all enrolled students, employees, and sponsored organizations at Minot State University. It applies to behaviors that take place on campus, at university-sponsored events, and may also apply off-campus conduct that is substantially affects the university, as determined by the Vice-President of Student Affairs. A substantial university interest is defined to include:

• Any situation where it appears that the student’s conduct may present a danger or threat to the health or safety of him/herself or others; and/or
• Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
• Any situation that is detrimental to the educational mission and/or interests of the University.

The Code of Student Life may be applied to behavior conducted online, via email or other electronic medium. Students should also be aware that online postings such as blogs, web postings, chats and social networking sites are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if evidence of policy violations is posted online. Minot State does not regularly search for this information but may take action if and when such information is brought to the attention of University officials.

However, most online speech by students not involving Minot State networks or technology will be protected as free expression and not subject to this Code, with two notable exceptions:

• A true threat, defined as “a threat a reasonable person would interpret as a serious expression of intent to inflict bodily harm upon specific individuals”;
• Speech posted online about the University or its community members that causes a significant on-campus disruption.

The Code of Student Life applies to guests of community members whose hosts may be held accountable for the misconduct of their guests. [The Code may also be applied to resident non-students, campers and high school bridge/extension/partner/dual-credit and continuing education programs by contractual agreements].

Visitors to and guests of Minot State may seek resolution of violations of the Code of Student Life committed against them by members of the Minot State community.

There is no time limit on reporting violations of the Code of Student Life; however, the longer someone waits to report an offense, the harder it becomes for University officials to obtain information and witness statements and to make determinations regarding alleged violations.

Though anonymous complaints are permitted, doing so may limit the University’s ability to investigate and respond to a complaint. Those who are aware of misconduct are encouraged to report it as quickly as possible to (Insert online Maxient link) An anonymous complaint cannot provide satisfactory information to determine that a student has violated the Code.

A student can be subject to both Minot State's conduct process as well as a federal state or local court of law. A finding of a court of law after the completion of a student conduct process does not change the initial outcome, but it may be considered as new evidence and it can be determined that new evidence is available and can bring forward a new conduct meeting or an appeal meeting may be granted.

A responding student facing an alleged violation of the Student Code of Conduct is not permitted to withdraw from Minot State until all allegations are resolved.

Violation of Code of Student Life policy means engaging in conduct that violates University, collegiate, or departmental regulations that have been posted or publicized, including provisions contained in University contracts with students.

Any person can report a violation or make a complaint. Complaints can be documented by anyone, but are typically documented by University personnel, Residence Life staff (RAs, RMs, or RHDs) or Campus Security, and are submitted through Maxient (Online URL.)  The Student Code Administrator (SCA) for jurisdiction of each report will be notified when a report has been submitted, and they will review the report.

Retaliation- Retaliation is prohibited. Please refer to the North Dakota Century Code 14-02.4-18

The SCA conducts a preliminary inquiry into the nature of the incident, complaint or notice, the evidence available, and the parties involved. The preliminary inquiry may lead to:

1. A determination that there is insufficient evidence to pursue the investigation, because the behavior alleged, even if proven, would not violate the Code of Student Life, (e.g. for reasons such as mistaken identity or allegations of behavior that falls outside the code);
2. A more comprehensive investigation, when it is clear more information must be gathered
3. Scheduling a Student Code Meeting (SCM) with the responding student. Individual meetings are schedule with all involved students. Some complaints may not require a meeting to be set, and the SCA will only send an informational notice letter to a student.

Involved students will receive notice of the time, date and location of an initial Educational Conference via their Minot State e-mail account.  The letter will reference the date of the incident, the type of violation, and the date, time, and location of the meeting. A statement of the student’s rights under these regulations will also be included.

Once a meeting is scheduled, it is the responsibility of the student to attend the meeting on the day and time, at the designated location of the meeting. If a student is unable to attend the meeting, it is the responsibility of the student to reschedule the meeting with the designated SCA identified in the meeting request email. If a student fails to reschedule, or attend the meeting, the SCA will make one attempt to reschedule the meeting. If a student fails to attend the rescheduled meeting, the SCA will determine an outcome based on the information available.

A student against whom an allegation of a violation of Minot State’s Student Code of Conduct has been lodged has the following rights:

 - To present information on their own behalf, including written and oral statements and physical exhibits when appropriate.

-  To hear all information presented and to question all who present it.

- To be advised by an advisor or attorney for consultation during questioning.

- To receive a written decision within 3 business days of the conclusion of the meeting.

- To appeal decisions involving the imposition of specified restrictions, probation, suspension, or expulsion.

In this meeting a student will visit with a SCA about what was documented. There are three possible outcomes:

1. If during the Educational Conference a decision on the allegation is made and the finding is that the responding student is not responsible for violating the Code, the process will end.
2. If the University’s finding is that the responding student is in violation, and the responding student accepts this finding, the University considers this an “uncontested allegation.” The administrator conducting the initial educational conference will then, together with the student, determine the outcome(s) for the misconduct. The process ends.
3. If the administrator conducting the educational conference determines that it is more likely than not that the responding student is in violation, and the responding student rejects that finding in whole or in part, then it is considered a contested allegation and the process moves to a Student Code Meeting (SCM).
   A SCM may be scheduled with the SCA or the Student Welfare and University Affairs Committee. If the meeting is with the SCM the meeting time will be set before the student leaves. If the meeting is with the Student Welfare and University Affairs Committee the student will be notified by email. 

In a contested allegation, additional investigation may then be commenced and/or a Student Code Meeting may be held when there is reasonable cause to believe that a rule or rules have been violated. A formal notice of the complaint will be issued, and a hearing will be held with a SCA or the Student Welfare and University Affairs Committee. A finding will be determined and is final.

During the meeting, the student will:

• Be made aware of the complaint and alleged violations
  1. Discuss the complaint in question.
  2. Discuss additional information provided by the student. If necessary an alternate meeting will need to be scheduled. The meeting will be rescheduled with the student before the student leaves
  3. Refute or affirm any evidence presented
• Discuss the potential outcomes to the violation
  1. An outcome may be determined in the meeting, or
  2. The SCA or university committee may need to meet with additional parties and will determine a outcome within 3 business days of the conclusion of all meetings. Students can contact the SCA or Committee Chair to check on the status.

Note: Student conduct that may result in suspension or expulsion please refer to the due process requirements outlined by the North Dakota State Board of Higher Education policy SBHE 514

The University is committed to providing an optimal educational environment for all of its students. Any person who has information that indicates the continued presence of a student on the University campus poses a substantial threat should provide the information to the vice president of student affairs. The VPSA or designee will convene the Behavioral Intervention Team (BIT) to review information that indicates:

1. A student’s behavior poses a significant threat of danger and/or injury to self or others,
2. A student’s behavior poses a threat of disruption to the educational process for others, and/or
3. A student’s behavior poses a threat of destruction of property.

Upon review, the BIT will provide a recommendation to the VPSA or designee. The BIT has the authority to recommend an emergency suspension and/or other conditions. The VPSA or designee has the authority to impose an emergency suspension and/or other conditions.

An emergency suspension is the immediate suspension, pending action on charges, of a student’s right to be present on campus and/or to attend classes (including on-campus, on-site, practicum, or on-line environments). Unless otherwise noted, the student will be able to communicate with members of the University community at a distance during the emergency suspension period.

Other conditions that may be imposed include but are not limited to:

1. Restricting a student from physically being on campus or specific campus locations. If permitted, a student may request from their faculty member(s) consideration in adjustments of course timelines or methods of teaching or testing. Faculty member(s) are under no obligation to agree to such requested accommodations,
2. Requiring further evaluation of the student through appropriate experts. In such a case, the VPSA or designee may postpone a final decision until after further evaluation results are received.

Emergency suspension and/or other conditions are effective immediately following the notification of the student. The VPSA or designee may initially notify the student verbally of an emergency suspension and/or other conditions. The VPSA or designee will notify the student in writing within three business days.

Emergency suspension and/or other conditions remain in effect until the conclusion of the student conduct process or until lifted by the VPSA or designee.

A student may request, in writing to the VPSA, a review of an emergency suspension and/or other conditions that have been imposed. After receiving such a request, the VPSA or designee will meet with the student within five business days. At this time, the student may present and/or provide additional information for consideration by the VPSA or designee. The student may have a personal advocate during the emergency suspension review process. A process advisor will be assigned to the student upon the student requesting a review of the emergency suspension and/or conditions or upon the initiating of a student conduct process, whichever initiates first.

Upon review of the information, the VPSA or designee will determine if the emergency suspension and/or other conditions should remain in effect until the matter is resolved. The student will be notified in writing of the review decision within three business days. The VPSA or designee may notify the student of the decision verbally prior to the student receiving the written notification. 

Standard of Determination- The student code meeting process is educational in nature and determination of responsibility for all alleged violations of the Code is based on the preponderance of information standard. The preponderance of information standard is also used for appeals of student conduct decisions. The preponderance of information standard is defined as more likely than not. 51% likely to be responsible.

At the conclusion of the meeting, the SCA will determine whether a student is responsible or not responsible for the alleged violations.

The SCA may request another meeting to determine a sanction together with the student and/or to discuss the sanction in person with the student.

At Minot State University, we teach, we think, we discern, and we apply what we have learned. Therefore, outcomes for student code violations are viewed as opportunities to develop more acceptable and better adapted patterns of behavior. The University will assist students who have violated the Code of Student Life in understanding the impact of their actions on others or themselves. Outcomes will be restorative in nature for first-time and non-violent offenses. Subsequent offenses or those that affect the safety of others or the student will result in intervention-based outcomes.

    Learning Objectives-Through the process students will be able to:

1. Articulate how their decisions contributed to a violation of the Code of Student Life.
2. Articulate how their behavior impacted others within and beyond the campus community.
3. Explain specific changes for future behavior. This may include but not be limited to Minot State’s Co-curricular learning outcomes of leadership, wellness, self-awareness, and career and professional development.

      Possible Meeting Outcomes

An outcome is a consequence incurred by the student due to the behavior that violated University policies. Outcomes may include, but are not limited to:

• Written warning- is a discussion of misconduct which becomes a matter of at least temporary record with the University.
• Probation- indicates that continued enrollment is conditional upon good behavior during a specific period. It may include specific restriction of activity.
• Community Service 
• Research Paper
• Reflection Paper
• Educational Program
• Attendance and Participation in Campus Programs
• Online alcohol/drug course 
• Guardian notification (for students under 21 years of age)
• Restitution to the University for cleaning, replacing, or restoring a specific area or thing when loss or damage is incurred as a result of a student’s actions.
• Restitution/ Disciplinary Fine- is the imposition of monetary penalty. Besides its use as a disciplinary sanction, it may also be used to compensate the University for a monetary loss resulting from a student’s misconduct.  
• Restriction/Removal of Privileges for a specified time frame
• Eviction from Campus Housing or an Administrative Move (students removed from or moved within campus housing as a result of violations will be held to the standard cancellation charge or change of rate)
• Suspension- is a temporary withdrawal of the privi­lege of enrolling in the University for a specific period. Suspension may be deferred to allow completion of an academic term, after which it is automatically invoked unless a provision for review was made at the time of the original decision. During a period of deferment, the suspension will be enacted immediately by administrant­tive staff decision if additional misconduct occurs. 
• Expulsion- is the withdrawal of enrollment privileges with no promise of reinstatement at any time and no opportunity for review for at least one year. Expulsion is the only action reflected in the official transcript. In each case, the words “may not register” appear without explanation. Reinstatement after suspension follows an interview with a staff member in the Student Affairs Office, who will inform the Registrar that the student may enroll again. Reinstatement after expulsion depends upon a recommendation to the Presi­dent from both the Student Affairs Office and the academic college.
• Withholding Transcipts and Grades- is a refusal by the University to provide transcripts and grades to the student, to other institutions, to employers and to other agencies. 

After a meeting, the SCA will notify the student in a letter sent to the student’s Minot State e-mail account, which will have: a finding of responsibility, the determined outcome, the timeframe for completion of the outcome, and a statement of the appeal process.

If a student wishes to appeal an outcome determined by a SCA they must do so, in writing to the person noted on their outcome letter, within five business days from the day the outcome letter was sent to the student’s Minot State e-mail account. 

All sanctions imposed by the original SCA remain in effect until the end of the Appeal Process.

Students can appeal a decision based on the following reasons:

1. There was an error in the judicial process.
2. There is new evidence or material directly relating to the complaint that was not available at the time of the judicial meeting.
3. The outcomes imposed are substantially disproportionate to the severity of the violation.

If an appeal is granted, a new meeting will be set up with the Appeal Coordinator or Minot State’s Appeal Committee. Meetings are scheduled around a student’s class schedule. If a student fails to attend or reschedule an appeal meeting (prior to the appeal meeting), then the original decision will remain in place.

At the conclusion of the Appeal, the Appeal Coordinator/Appeal Committee decides whether to:

• Affirm the outcome decision of the original SCA.
• Reverse the outcome decision of the original SCA.
• Modify the outcome of the original SCA.

The determination made by the Appeal Coordinator/Appeal Committee will be considered final.

In cases where the outcome of a meeting may be removal from campus housing, suspension or expulsion from Minot State University the University Appeals Committee is the recognized appeal process.