Student Conduct Code, Procedure
Student Conduct Code
Excerpted from Board of Regents Policy: Student Conduct Code.
Related Policies:
Academic Misconduct (CIS Policy Reference Guide)
This policy applies to all students and student groups at the University of Minnesota (University), whether or not the University is in session.
Guiding Principles
The University seeks an environment that promotes academic achievement and integrity, that is protective of free inquiry, and that serves the educational mission of the University.
As stated in Board of Regents Policy: Equity, Diversity, Equal Opportunity, and Affirmative Action, the University shall establish and nurture an environment for faculty, staff, students, and visitors that actively acknowledges and values equity and diversity and is free from racism, sexism, ageism, homophobia, and other forms of prejudice, intolerance, or harassment.
The University seeks a community that is free from violence, threats, and intimidation; that is respectful of the rights, opportunities, and welfare of students, faculty, staff, and guests of the University; and that does not threaten the health or safety of members of the University community.
The University is dedicated to responsible stewardship of its resources and to protecting its property and resources from theft, damage, destruction, or misuse.
The University supports and is guided by state and federal law while also setting its own standards of conduct for its academic community.
The University is dedicated to the fair and equitable resolution of conflict at the lowest level possible.
The University is committed to safeguarding the free expression rights of all University community members and will strive to engage in student development conversations when messages are contrary to the University values of equity, diversity, and inclusion. Students are entitled to the rights and responsibilities of other citizens with regard to freedom of speech, peaceable assembly, and the right to petition. Students are entitled to exercise their rights to inquire and dissent, speak freely, and peaceably assemble and protest to the extent permissible under both the First Amendment of the United States Constitution and the Student Conduct Code.
Definitions
Academic Environment. Academic environment shall mean any setting where a student is engaged in work toward academic credit, satisfaction of program-based requirements, or related activities, including but not limited to classrooms, laboratories, online courses, learning support and testing platforms, learning abroad, and field work.
Assists or Abets. A student or student group assists or abets prohibited conduct when the student or student group: (a) helps any other person engage in prohibited behaviors as defined by the Student Conduct Code; and (b) intends the prohibited behavior to occur or knows that their actions are significantly likely to help the other person to engage in the prohibited behavior.
Campus. Campus shall mean all University premises, including all land, buildings, facilities, and other property owned, possessed, leased, used, or controlled by the University, and adjacent streets and sidewalks.
Learning Support and Testing Platforms. Learning support and testing platforms shall mean tools including online tools identified by the instructor for use in a course or learning activity.
Plagiarism. Plagiarism shall mean representing the words, creative work, or ideas of another person as one’s own without providing proper documentation of source. Examples include, but are not limited to:
copying information word for word from a source without using quotation marks and giving proper acknowledgement by way of footnote, endnote, or in-text citation;
representing the words, ideas, or data of another person as one’s own without providing proper attribution to the author through quotation, reference, in-text citation, or footnote;
producing, without proper attribution, any form of work originated by another person such as a musical phrase, a proof, a speech, an image, experimental data, laboratory report, graphic design, or computer code;
paraphrasing, without sufficient acknowledgment, ideas taken from another person that the reader might reasonably mistake as the author’s; and
borrowing various words, ideas, phrases, or data from original sources and blending them with one’s own without acknowledging the sources.
Instructors are expected to provide clear standards regarding academic work expectations in the course syllabus. It is the responsibility of all students to understand the standards and methods of proper attribution and to clarify with each instructor the standards, expectations, and reference techniques appropriate to the subject area and class requirements, including group work and internet use. Students are encouraged to seek out information about these methods from instructors and other resources and to apply this information in all submissions of academic work (portions used with permission from New York Institute of Technology and University of Texas, San Antonio).
Protected Characteristics. As defined by Board of Regents Policy: Equity, Diversity, Equal Opportunity, and Affirmative Action, protected characteristics shall mean race, color, creed, religion, national origin, gender, age, marital status, familial status, disability, public assistance status, membership or activity in a local commission created for the purpose of dealing with discrimination, veteran status, sexual orientation, gender identity, or gender expression.
Student. Student shall mean any person taking courses at the University or enrolled in a University program; any person participating as a student in University activities prior to the start of classes; any student who is not enrolled or registered for a particular term but has a continuing relationship with the University; any student who withdraws, transfers, or graduates after an alleged violation of the Student Conduct Code; and any already graduated student when the conduct at issue implicates the student’s University degree.
Student Group. Student group shall mean any group of students that is or has been registered as a University student group under applicable University policies or procedures.
Unauthorized Collaboration. Unauthorized collaboration shall mean working with others, either in person or via electronic means, when the student is not given express permission by an instructor to do so.
University-Sponsored Activities. University-sponsored activities shall mean any program or event sponsored by the University, including but not limited to those sponsored by student groups, or athletics.
Medical amnesty. Medical amnesty shall mean that a student is not subject to the Student Conduct Code disciplinary sanctions for underage possession and consumption of alcohol if the student contacts a 911 operator to report that the student or another student is in need of medical assistance for an immediate health or safety concern. To be eligible for medical amnesty, the student who initiates contact must be the first person to make such a report, must provide a name and contact information, must remain on the scene until assistance arrives, and must cooperate with the authorities at the scene. The student who receives medical assistance and up to two students acting in concert with the student initiating contact with a 911 operator shall also be immune from disciplinary sanctions.
Disciplinary Offenses
Any student or student group found to have committed, attempted to commit, or assisted or abetted another person or group to commit the following misconduct is subject to appropriate disciplinary action under this policy:
General Behavior Prohibitions:
Scholastic Dishonesty. Scholastic dishonesty means plagiarism; cheating on assignments or examinations, including the unauthorized use of online learning support and testing platforms; engaging in unauthorized collaboration on academic work, including the posting of student-generated coursework on online learning support and testing platforms not approved for the specific course in question; taking, acquiring, or using course materials without faculty permission, including the posting of faculty-provided course materials on online learning support and testing platforms; submitting false or incomplete records of academic achievement; acting alone or in cooperation with another to falsify records or to obtain dishonestly grades, honors, awards, or professional endorsement; altering, forging, misrepresenting, or misusing a University academic record; or fabricating or falsifying data, research procedures, or data analysis.
Retaliation. Retaliation occurs when a student or student group takes adverse action against an individual for that individual’s good-faith participation in reporting or otherwise expressing opposition to, suspected or alleged prohibited behavior; or participating in any process designed to review or investigate suspected or alleged prohibited behavior or non-compliance with applicable policies, rules, and laws.
Prohibited Behaviors Implicating Health, Safety or Property:
Harm to Others. Harm to others means engaging in conduct that endangers or threatens to endanger the health, safety, or welfare of another person, including, but not limited to, threatening, harassing, intimidating, and stalking or assaulting behavior that does not fall within the scope of Board of Regents Policy: Sexual Harassment, Sexual Assault, Stalking and Relationship Violence and the related administrative policy.
Discriminatory Harassment. Discriminatory harassment means conduct that occurs under either of the following conditions:
When it is stated or implied that a person needs to submit to, or participate in, unwelcome conduct based on a protected characteristic to maintain or advance in their employment, education, or participation in a University program or activity.
When unwelcome conduct based on a protected characteristic is severe, persistent, or pervasive and (1) unreasonably interferes with an individual's employment, education, or participation in a University program or activity; (2) creates a work, employment, or other University environment that a reasonable person would find to be intimidating, hostile, or offensive; or (3) effectively denies an individual equal access to a University program or activity.
Bullying. Bullying means aggressive behavior directed at another person that causes stress or harm and that is repeated over time, including but not limited to assaulting, defaming, terrorizing, making obscene gestures, or invading privacy.
Sexual Harassment, Sexual Assault, Stalking, and Relationship Violence. These prohibited behaviors are defined in Board of Regents Policy: Sexual Harassment, Sexual Assault, Stalking and Relationship Violence and the related administrative policy.
Prohibited Behaviors Interfering with University and Community Operations:
Disruption of the Academic Environment. Disruption of the academic environment means engaging in behavior that substantially or repeatedly interrupts either the instructor’s ability to teach and/or a student’s ability to learn.
Falsification. Falsification means willfully providing University offices or officials with false, misleading, or incomplete information; forging or altering without proper authorization official University records or documents or conspiring with or inducing others to forge or alter without proper authorization University records or documents; misusing, altering, forging, falsifying, or transferring to another person University-issued identification; or intentionally making a false report of a bomb, fire, natural disaster, or other emergency to a University official or an emergency service agency.
Disruptive Behavior. Disruptive behavior means obstructing or disrupting teaching, research, administrative, or public service functions; participating in a campus demonstration that disrupts the normal operations of the University and infringes on the rights of other individuals; leading or inciting others to disrupt scheduled or normal activities of the University; engaging in intentional obstruction that interferes with freedom of movement, either pedestrian or vehicular, on campus; using sound amplification equipment on campus without authorization; making or causing noise, regardless of the means, that disturbs authorized University activities or functions; or breaching the peace.
[Other disciplinary offenses include illegal or unauthorized possession or use of weapons; illegal or unauthorized possession or use of drugs or alcohol; providing alcohol to minors; theft, property damage or vandalism; hazing; rioting; refusal to identify and comply; violation of University rules; violation of local, state, or federal laws or ordinances; unauthorized use of and/or access to University facilities or services; and persistent violations. Details in full Regents Policy.]
Outcomes
Students and student groups found responsible for prohibited behaviors under the Student Conduct Code are subject to appropriate outcomes.Factors to consider in determining appropriate outcomes include: the nature of the offense, the severity of the offense, the culpability of the student or student group, the impact on other students or members of the University community, and the opportunity for student development. Separation from the University through suspension or expulsion is a serious outcome that may be appropriate for: repeated violations of the Student Conduct Code, for serious scholastic dishonesty, and for misconduct that constitutes a threat to community safety or well-being (including, but not limited to harm to others and sexual harassment, sexual assault, stalking, or relationship violence), or significantly disrupts the rights of others or the operations of the University.
In certain cases, students can agree to accept outcomes informally, as well as propose alternative resolution options outside of the conduct process. It may also be appropriate for restorative justice and/or alternative resolutions to be utilized. Restorative actions may include, but are not limited to, educational interventions/experiences, academic/co-curricular success plans, etc. In cases involving medical amnesty, a student requiring emergency evaluation or treatment at a medical facility may be required to complete an alcohol assessment or education program, which is not considered a student conduct response.
[The following sanctions, detailed in full Regents Policy, may be imposed: academic outcome, warning, probation, required compliance, confiscation, restitution, restriction of privileges, suspension, or expulsion.]
Hearings
Hearing Process
Any student or student group charged with violation of the Student Conduct Code shall have the opportunity to receive a fair hearing. A finding of responsibility for violation of the Student Conduct Code must be based on a preponderance of the evidence. The president or delegate shall ensure that each campus has a hearing process that includes the following:
notification of the report and a request to meet;
an informal meeting to learn more about the steps of the disciplinary process and to share information related to the incident;
if the student or student group is found responsible, a proposal of an informal resolution that includes the findings and disciplinary sanctions being offered to resolve the incident;
if the informal resolution is not accepted, a request for a formal hearing in which a panel will determine responsibility and potential sanctions; and
if the formal resolution is not accepted, a request for an appeal.
In exceptional circumstances where the University determines that an informal resolution is not appropriate, a student’s responsibility will be decided through a formal hearing in which a panel will determine responsibility and possible sanctions. In regard to sexual misconduct cases, both the reporting party and the accused student have the opportunity to request a formal hearing and appeal as part of due process.
Appeals Process
To safeguard the rights of students and student groups, the president or delegate shall ensure that each campus has a campus-wide appeals procedure to govern alleged violations of this policy. The appeals procedure shall provide both substantive and procedural fairness for the student or student group alleged to have violated the Student Conduct Code and shall provide for resolution of cases within a reasonable period of time.
The appeals procedure must describe:
grounds for an appeal;
procedures for filing an appeal; and
the nature of an appellate review.
Jurisdiction
The Student Conduct Code shall apply to student and student group conduct that occurs on campus or at University-sponsored activities.
The Student Conduct Code shall apply to student and student group conduct that directly relates to the University’s education, services, programs, or rules, including but not limited to scholastic dishonesty, hazing, violation of University rules, and falsification, whether the conduct occurs on campus or off campus.
At the discretion of the president or delegate, the Student Conduct Code also shall apply to off-campus student and student group conduct when the conduct, as alleged, adversely affects a substantial University interest and either:
constitutes a criminal offense as defined by local, state, or federal law or ordinance, regardless of the existence or outcome of any criminal proceeding; or
indicates that the student or student group may present a danger or threat to the health or safety of the student or others.
Conduct of a student who is a member of a student group will not be considered to be conduct of the student group unless the facts and circumstances surrounding the conduct suggest that the student group sponsored, organized, or otherwise endorsed the conduct.
Student Conduct Code Procedure
Excerpted from Administrative Procedure: Student Conduct Code Procedure: Twin Cities; edited for application to CIS.
This procedure implements Board of Regents Policy: Student Conduct Code and explains the Twin Cities campus's process for actions initiated against students or student organizations by the Student Conduct Code.
(Procedures governing resolution of student-initiated complaints against the University are provided pursuant to Board of Regents Policy: Conflict Resolution Process for Student Academic Complaints: Twin Cities.)
The purpose of the student disciplinary process is to provide a framework for resolving complaints about violations of the Student Conduct Code, so that:
Informal resolution is encouraged. The disciplinary 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, the Student Conduct Code requires that students have the opportunity to receive a fundamentally fair hearing and a campus-wide appeal.
The University of Minnesota-Twin Cities has a campus-wide disciplinary process, managed the Office for Community Standards (OCS) and the Campus Committee on Student Behavior (CCSB) – that handles most complaints under the Student Conduct Code.
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.
Informal Resolution
The offices and administrators that informally resolve complaints under the Student Conduct Code include the Office for Community Standards (OCS). [In CIS, informal resolution is achieved most often through a conversation between the instructor, the faculty coordinator, and Jan M. Erickson, associate director of CIS. Such conversation serves to clarify the nature of the problem and determine which University policy applies to the situation.]
Formal Resolution
If a complaint under the Student Conduct Code is not resolved informally, the student is entitled to a hearing. The hearing procedure varies depending on the circumstances of the student and the nature of the complaint.
Campus Committee on Student Behavior (CCSB)
The Campus Committee on Student Behavior (CCSB) is a campus-wide hearing body comprised of faculty, staff, and students that hears and decides complaints under the Student Conduct Code. See CCSB Hearing Procedures. The CCSB has authority to hear all types of complaints under the Student Conduct Code, including:
complaints under the Student Conduct Code of misconduct other than scholastic dishonesty, including sexual assault, sexual harassment, stalking, and relationship violence;
complaints of scholastic dishonesty that cross college lines;
"intracollege" complaints of scholastic dishonesty (i.e., complaints involving a student within the college, in a course offered by that college) that are referred to CCSB by a college, or that are accompanied by non-scholastic complaints under the Student Conduct Code; and
any other complaints under the Student Conduct Code that are referred to CCSB by a professional or graduate program, college, or administrative unit.
College Disciplinary Process for Scholastic Dishonesty
Each college has the authority to manage its own hearing process for formal resolution of intracollege complaints of scholastic dishonesty, which is a violation of Section VI(1) of the Student Conduct Code. A complaint of scholastic dishonesty is "intracollege" when it involves a student admitted by that college, in a course offered by that college.
Sanctions, Suspension, & Appeals
[Discussion of possible sanctions, student suspension, and the appeal process are located in Administrative Procedure: Student Conduct Code Procedure: Twin Cities.]