Table of Contents
|Article I||Student Rights|
|Article III||Authority and Jurisdiction|
|Article IV||Proscribed Conduct|
|Article V||Violation of Law and University Conduct|
|Article VI||Judicial Policies|
|Article IX||Interpretation and Revision|
|Article X||Definition of Terms|
Revised by the Missouri State University Board of Governors: December 14, 2007, October 28, 2011 and August 3, 2012 (Res. Board Policies No.104-11)
Effective Date: January 11, 2008
Office of Student Conduct
The following enumeration of rights shall not be construed to deny or disparage other rights not in conflict with this Code of Student Rights and retained by students in their capacity as members of the University Community or as citizens of the State or of the United States. This Code shall not be construed in any manner which might run counter to a reasonable construction of the Charter and Bylaws of the University and the direction of the Board of Governors, nor of the Constitution and Bylaws of the Faculty, nor of the Constitution of the Student Government Association; nor shall it be construed, interpreted, or applied in any manner which would seem detrimental to the privileges, purposes, aims, and goals of Missouri State University as a public institution of higher learning with a statewide mission in Public Affairs.
Federal and State constitutional guarantees of free inquiry, expression, and assembly are specifically restated as guarantees on this campus.
Students are free to pursue their educational goals and to have appropriate opportunities for learning in the classroom and on the campus as shall be provided by the University.
No conduct consequences may be imposed upon any student without following minimal procedural due process, as described in Article VI of this code.
Within the limits of its facilities, the University shall be open to all applicants who are qualified according to the admission requirements, which may be adopted and established from time to time. The University does not discriminate on the basis of race, color, religion, sex, national origin, ancestry, age, disability, or veteran status in employment or in any program or activity offered or sponsored by the University. Prohibited sex discrimination encompasses sexual harassment, which includes sexual violence. In addition, the University does not discriminate on any basis (including, but not limited to, political affiliation and sexual orientation) not related to the applicable educational requirements for students or the applicable job requirements for employees.
Discussion and expression of all views relevant to the subject matter are permitted in the classroom subject only to the responsibility of the instructor to maintain order and a climate conducive to learning, within the stated goals and purposes of the University.
All students shall have the right to be protected from prejudiced academic evaluations unrelated to academic performance based on the student’s views, opinions, political associations, organizational memberships, or the instructor’s biases based on the character of the student. Furthermore, all students shall have the right to appeal a grade to the instructor, the department head, the college dean, and the Provost. All grade remedies under other existing policies shall be protected under this Code.
Discussion and expression not inconsistent with the laws of the State and the United States, and in the manner, time, and place prescribed by University policy, are permitted within the institution. Support of any cause by orderly means is permitted, subject to the paramount rights of the University, the safety and rights of individuals, the protection of property, and the continuity of the educational process.
The University encourages expression of informative and differing viewpoints on issues and will support the presence on the campus of responsible persons representing various views. The University reserves the right to specify the conditions of time, place, and manner of speakers through the Expressive Activity Policy.
Organizations and groups may be established within the University for any lawful purpose. Affiliation with an extramural organization shall not, in itself, qualify or disqualify the University branch or chapter from institutional privileges. A group shall become an organization when formally recognized by the University according to the procedures and regulations established by the Office of Student Engagement. No group may be so recognized or continue to be recognized if its purposes or programs are in conflict with this Code of Student Rights or with the laws of the State or of the United States.
A student group or organization may distribute written material on campus without prior approval provided that such distribution is consistent with the University’s Advertising, Distribution, Solicitation, and Facilities Usage Policy and the laws of the State or of the United States, and provided that it does not disrupt the operation of the University.
The student press is to be free of censorship. The editors and managers shall not arbitrarily be suspended because of student, faculty, administration, alumni, or community disapproval of editorial policy or content.
All students shall have the right to be represented in the Student Senate of the Student Government Association, and they further shall have all rights that constituents in democratic societies have including, but not limited to, the right of petition and recall of their representatives.
Students have limited rights of privacy, which extend to living quarters in residence halls. The following activities shall not be considered to impinge upon such rights of privacy: the entry of a room to provide maintenance inspections or repair services; entry when there is reasonable cause to believe that a health or safety issue exists; entry when there is reasonable evidence of a disruption of peace that substantially interrupts the daily operations of the residence hall and/or floor community; entry of a room when a student permanently vacates the room; entry of a room when a student vacates a room for a break period; the search of student rooms by civil authorities in accordance with local, state, or federal laws; the removal of substances or property in violation of University policy or law during a routine health or safety inspection; the removal of substances or property in violation of University policy or law when in plain view; and the removal of substances or property in violation of University policy or law during a situation when a University Official, in the course of his/her duties, believes an emergency situation exists which poses threat of harm to a member of the campus community or to University property. Students should not expect these limited rights of privacy to extend to computer accounts and electronic mail. The University reserves the right to access student files and accounts as a part of normal routine tasks and for the purposes of investigating alleged wrongdoing.
All students shall have the right to have their academic and conduct records protected from unauthorized access by any person without the written consent of the student involved, except under compulsion by a University hearing panel or court of law, the University Board of Governors, or as otherwise allowed by state and federal law.
All students shall have the right to access, according to published University regulations and/or procedures, all University structures where student fees or fines directly contribute to the upkeep of said buildings, except private offices and other areas where student access could compromise privacy. These buildings shall include, but are not limited to, Plaster Student Union, Hammons Student Center, McDonald Arena, Meyer Library, Plaster Sports Complex, Student Art Gallery, and Taylor Health and Wellness Center.
All students shall have the right to be secure from having their rights infringed upon by University administrators, faculty, support staff, or fellow students.
All students have a right to be offered reasonable protection from retaliation, intimidation and/or harassment. Students who believe they have experienced retaliation, intimidation, and/or harassment are encouraged to seek assistance from one of a number of campus resources. The Dean of Students Office, the Office of Student Conduct, and the Office for Institutional Equity and Compliance have staff and resources available to assist students who believe they may be the victim of retaliation, intimidation, and/or harassment. Students can find assistance on filing complaint charges or campus resources at www.missouristate.edu/studentconduct.
Missouri State University has a single purpose: to develop educated persons. It is thus committed to the search for knowledge. It recognizes that human curiosity explores unknown intellectual worlds as well as unknown physical worlds. In a world where knowledge can become outdated in less than a decade, the University is committed to the discovery and dissemination of knowledge that serves the future.
Educated persons are developed through the interaction of competent, caring faculty and capable, motivated students, supported by dedicated professional staff. It is assumed that the three components of the University, faculty, students, and staff, come together as a community in pursuit of the single purpose of the University. In joining this community, students voluntarily assume certain responsibilities that are necessary for promoting the welfare of the community. Although no definitive list of responsibilities can ever truly be developed, the following represent the main responsibilities students assume by becoming members of the University community.
Academic integrity and honesty are the foundation of the University community. Students are expected to practice academic integrity in all assigned work. Students are expected to be honest in all interactions with other students, faculty, and staff.
The University has the inherent right to promulgate appropriate rules and regulations for the orderly conduct of University business and the protection of the health and safety of the University community. Students are expected to comply with all published and stated rules and regulations.
Members of the faculty and staff have the authority to properly direct student conduct in concert with the authority stated above. Students are expected to comply with directives of University officials who are acting in performance of their duties. Students must comply with directives even when they disagree with the directives. A student retains the right to appeal an issued directive through the administrative structure that exists for the faculty or staff member who issued the directive, through established policies.
The search for knowledge can only take place within an atmosphere of open exchange. Open exchange can only take place in an environment of respect and civility. The University has an economically, culturally, and ethnically diverse population. Students are expected to respect differences of culture, lifestyles, and religions as well as to respect freedom of expression. Additionally, students are expected to behave in a manner that is both respectful and civil.
The campus and its grounds, facilities, and equipment are provided largely by the people of the State of Missouri for the students of the University. Students are expected to protect and guard these resources.
Individual compliance with University rules and regulations can only partially insure a safe and orderly environment. Being a responsible member of the community also implies encouraging behaviors in others which are consistent with these rights and responsibilities, discouraging behaviors which are inconsistent, and taking positive action in the face of violations. Minimally, students are expected to participate in the process of adjudicating violations of University expectations, rules, and/or regulations. This implies that students will report violations for which they have knowledge and participate in the conduct process as necessary.
Good Citizen Policy. The welfare of our students is of the highest importance to Missouri State University. There will be times when individual students, both on and off campus, may be in critical need of assistance from medical or other professional personnel. Missouri State University hopes that these students will seek help, and that other students will respond to obtain the help that their fellow student needs. To that end, Missouri State University intends to minimize any hesitation that students might have in obtaining help due to concern that their own behavior might be a violation of University policy.
While policy violations cannot be overlooked, Student Conduct staff members will consider the positive impact of reporting an incident on the welfare of students when determining the appropriate response for policy violations by the reporter of the incident. Any possible negative consequences for the reporter of the problem should be weighed against the possible negative consequences for the student who needs intervention. At a minimum, Missouri State University suggests that a student anonymously report any situation that would put the student in need in touch with professional help.
Examples where the Good Citizen Policy may influence educational consequences are:
In all three of these examples, a student’s physical and/or psychological well-being is in serious jeopardy.
Attending classes becomes a responsibility of students when they are admitted to the University and for as long as they are in good standing. Students are expected to attend class in accordance with the rights and responsibilities afforded them by the University’s Attendance Policy.
The primary interaction between faculty and students, which produces educated persons, is in the classroom in the individual course setting. Requirements of participation in classroom discussion and submission of written exercises are consistent with this document.
The course instructor has original jurisdiction over his/her class and may deny a student who is unduly disruptive the right to attend the class. Students are expected to master the course content in compliance with the syllabus of the course instructor. The student is expected to comply with all reasonable directives of the course instructor. The course instructor may have a student administratively withdrawn from a course upon showing good cause and with the concurrence of the department head. The appeals process in case of such administrative withdrawal shall be as stated in the undergraduate catalogue in the academic regulations under "Grade Re-Evaluation Based on Performance."
Students may be held responsible for the behavioral acts of their guests and secondary lessees (applies to married and family housing) when such acts are in violation of the Code and occur on University premises or in conjunction with University-sponsored or supervised activities.
The State of Missouri has delegated, by statute, authority for the governance of Missouri State University to the Board of Governors. This includes "full power and authority to adopt all needful rules and regulations for the guidance and supervision of the conduct of all students while enrolled as such" and the authority to enforce obedience to those rules and regulations. It also has the power to delegate student conduct authority.
Generally, jurisdiction and the conduct process shall be limited to behavior which occurs on University premises or at University-sponsored activities, or off campus when it adversely affects the University Community and/or the pursuit of its objectives.
Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Code shall apply to a student’s behavior even if the student withdraws from school while a conduct matter is pending.
Any student found to have committed any of the following misconduct is subject to the consequences outlined in Article VII. The University cannot develop a list of acts of misconduct that can accurately describe or anticipate every possible act of a student. The authority to determine if a specific act is subject to consequences shall be left with the hearing authority working with the specific case.
Acts of dishonesty that are related to a student’s academic performance, and any incident of alleged academic dishonesty committed by any student at Missouri State University outside of the context of enrollment in any particular course, are governed by the Student Academic Integrity Policies and Procedures. This document is also available in the Office of the Provost and the Office of Academic Affairs. Any one of the following acts constitutes academic dishonesty: cheating, fabrication, plagiarism, or facilitating academic dishonesty. Definitions of these acts are included in Article X: Definition of Terms. When an act of dishonesty is of a non-academic nature, the policies of this Code are in effect. Acts of dishonesty may include, but are not limited to, the following:
Disruption or obstruction of teaching, research, administration, conduct proceedings, other University activities, including its public-service functions on or off campus, or other authorized non-University activities.
Harassment, which is unwelcome conduct toward another person or an identifiable group of persons which is severe or pervasive and has the purpose or effect of creating an intimidating, hostile, or offensive learning, working, or living environment (see section 4.19 for sexual harassment).
Attempted or actual theft of and/or damage to property of the University or property of a member of the University community or other personal or public property.
Hazing, an act that endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation/admission into, affiliation with or as a condition of continued membership in a group or organization. The express or implied consent of the student will not be a defense. Apathy or acquiescence in the presence of hazing is not a neutral act; they are violations of this policy.
Failure to comply with directions of University officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
Unauthorized possession, duplication, or use of keys to any University premises or unauthorized entry to or use of University premises that have restricted access.
4.8 Violation of University policies, rules, or regulations published in University documents: "The University Catalogue", "Policy and Ethics for Student Computer Use and Computer Network Use", "The Guide to Residence Hall Living", "The Guide to University Apartment Living", The Policy Library (specifically Chapter 5 regarding Student Policies), or in other sources with which a student could reasonably be expected to be familiar.
Violation of federal, state, or local laws and ordinances on University premises or at University-sponsored or -supervised activities. Violations that occur off campus when the conduct adversely affects the University community and/or the pursuit of its objectives.
Use, possession, or distribution of narcotics or other controlled substances, or drug paraphernalia except as expressly permitted by law. Also prohibited are prescription medications used outside the directions of a valid prescription as well as other substances used to gain a similar effect as illegal drugs. Recommended minimum consequences for the possession of drug paraphernalia and use or possession of marijuana or other controlled substances are outlined in 7.13.
Use, possession, or distribution of alcoholic beverages, or alcohol paraphernalia except as expressly permitted by the law and University regulations, or public intoxication. Alcohol paraphernalia may include such items as empty cans, bottles, or any kind of alcohol bong. Recommended minimum consequences for violations of the alcohol policy are outlined in 7.13.
Unauthorized fireworks and unauthorized possession and/or use of firearms, explosive weapons, and other weapons, as defined by Missouri Revised Statutes, on University premises. Authorization to possess such items on University property may be granted by the President and delegated to the Director of Safety and Transportation or his/her designee.
Tampering with fire alarms, extinguishers, and/or other safety equipment.
Participation in a campus demonstration which disrupts the normal operations of the University and infringes on the rights of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus.
Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University-sponsored or -supervised functions.
Conduct, which is
Abuse of computing resources, including but not limited to:
Physical Misconduct, including but not limited to:
Sexual harassment, including sexual violence and other forms of sexual misconduct.
Missouri State University is committed to creating and maintaining an environment free from sexual harassment and misconduct. The University will take immediate action to eliminate harassment, prevent its recurrence, and address its effects. This sexual misconduct policy explains types of sexual offenses and recommended consequences for violations of this policy. This policy also prohibits retaliation against an individual who has brought forward a complaint of sexual harassment and/or taken part in a conduct process as a result of a sexual harassment complaint.
Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment is a policy violation in and of itself, but it is also considered an umbrella term that encompasses a variety of different sexual misconduct violations. Sexual violence means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to a person’s use of drugs or alcohol. Sexual violence may include, but is not limited to rape, sexual assault, and sexual coercion, and all are considered especially severe forms of sexual harassment.
The following acts that occur without consent of another person are considered violations of this policy:
The recommended minimum consequence shall be Level 2 probation for one semester (a summer semester does not satisfy this requirement). In addition, other consequences enacted, as needed (e.g., moving from one residence hall to another or a required change of academic schedule).
Abuse of the Conduct System, including but not limited to:
Violations of Missouri State University’s Tobacco Use/Smoking Policy.
Assisting or encouraging, through act or omission, any person or group with committing or attempting to commit a violation of this Code or Federal/State laws and regulations. Failure to leave or report a situation where any person is committing or attempting to commit a violation of this Code.
University conduct proceedings may be instituted against a student charged with conduct that potentially is a violation of criminal law and this Code. For example, if both violations result from the same factual situation, without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceeding off-campus at the discretion of the Dean of Students or his/her designee. Determinations made or consequences imposed under this Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant. In cases involving potential criminal conduct the Dean of Students, in conjunction with other appropriate University officials, will determine whether law enforcement shall be notified.
When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a conduct body under the Code, however, the University may advise off-campus authorities of the existence of the Code and of how such matters will be handled internally within the University community. The University will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students, staff members, and faculty members, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
Any member of the University community may file charges against any student for misconduct. Charges shall be prepared in writing and directed to the Dean of Students Office, which is responsible for the administration of the University conduct system. Any charge should be submitted as soon as is reasonably possible after the event takes place, but in any case, no longer than one calendar year from the date the person knew or should have known the facts. In most cases students will not undergo more than one conduct process within the University for the same incident. For example, if a student is assigned consequences from their academic department for an incident, the student will not typically face conduct charges for the same incident.
The Conduct Advisor will promptly investigate to determine what occurred and take appropriate steps to resolve the situation. In the event of an informal resolution, such disposition shall be final and there shall be no subsequent proceedings. However, in allegations of sexual assault, mediation is not appropriate even on a voluntary basis. In most circumstances, cases shall be concluded within 60 days of filing charges.
All charges shall be presented to the accused student in written form. The written notice of charges will contain the following:
The student accused of violating the Code will meet with the Conduct Advisor by the deadline assigned in the letter of charges. At this meeting the following matters will be decided:
When a student enrolls at the University, s/he does so voluntarily and in so doing implicitly accepts certain obligations of performance and behavior established by the University, as defined in this Code and other official University publications. The development of self-discipline is a goal of education, and the conduct process is intended to be educational in nature. The conduct system described herein is designed to further the educational process; therefore, it is not comparable to, or a substitute for, jurisprudence under a criminal code. Therefore, formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in student conduct proceedings. The procedures outlined below are designed to balance the rights and responsibilities of the student accused of wrong doing with the rights of the accuser, other students, members of the academic community, and the public. Hearings shall be conducted in order to provide a fair opportunity for hearing of the student’s position, explanations, and information according to the following guidelines:
There shall be a single verbatim record, such as a tape recording, of all hearings. The record shall be the property of the University. The complainant and the accused student shall not be allowed to make a separate recording of any type (see also 8.4).
Except in the case of a student charged with failing to obey the summons of a hearing authority or University official, no student may be found to have violated the Code solely because the student failed to appear for a hearing. In all cases, the information in support of the charges shall be presented and considered.
The records of a student may be placed on a hold under this Code when a student:
The purpose of a hold is to compel a student to fulfill an obligation to the Dean of Students Office. A Student Life (SL) hold on records denies the student the right to register for future classes until cleared by the Conduct Advisor or Dean of Students. A hold on records will be removed by a Conduct Advisor when the student fulfills the required conditions. A student receiving a hold may seek relief from the Vice President for Student Affairs. The student shall request relief in writing. Upon review, the Vice President can amend the conditions of the hold or remove the hold.
Once a violation of the Code has been established as taking place, consequences may be determined by agreement with the Conduct Advisor or by a Hearing Authority. In determining the consequence(s), recommendations from the accused student and the complainant will be considered. A student’s past violations and consequences may be relevant to determine action or appropriate consequences.
The following educational consequences may be imposed upon any student found to have violated this Code.
More than one of the consequences listed above may be assigned for any single violation.
Other than dismissal, conduct consequences shall not be made part of the student’s permanent academic record, but shall become part of the student’s confidential conduct record, which will be maintained in a specified area of the Dean of Students Office and shall be subject to the restrictions of the Family Educational Right to Privacy Act (FERPA). Conduct records are maintained in the Office of Student Conduct for 5 years from imposition of the most recent consequence, except in cases where the consequence is residence hall expulsion, suspension, and dismissal. Residence hall expulsion and suspension cases will be kept as a permanent conduct record but will not be noted on the academic transcript. Cases of dismissal are permanent and, unlike other conduct records, appear as a notation on the academic transcript. The Conduct Records Policy is in compliance with the state’s Records Retention Schedule.
Conduct cases that are incomplete, due to factors such as the student’s not responding to conduct charges or not fulfilling an educational consequence, remain a conduct record until required actions are completed by the student. Registration for subsequent terms or the conferral of academic degrees may be withheld pending the resolution of allegations of student misconduct.
The following educational consequences may be imposed upon groups or organizations:
In each case in which a hearing body determines that a student or student organization has violated the Code, the consequences shall be determined and assigned by the hearing authority. The Dean of Students will review the consequences set forth by the hearing authority and may, at his or her discretion, alter the consequences assigned. The Dean is not limited to consequences recommended by the members participating in the conduct process. Following the hearing, the Conduct Advisor and the Dean shall advise the accused in writing of their determination and of the consequences enacted, if any. A decision by the Dean may be appealed as described in Article VIII. The Dean may designate the Director, Associate, or Assistant Director of Residence Life Housing and Dining Services to determine and assign consequences for students who live in the residence halls. In cases involving sexual violence, both the complainant and the accused will be informed, in writing, of the outcome of the complaint.
Temporary or Provisional Orders – In addition to the authority granted in section 2.3 of this Code, the Dean of Students is empowered to impose temporary or provisional orders ex parte to preserve the status quo or to prevent the potential endangerment of persons or property. Such temporary or provisional orders are not intended to replace a hearing before a hearing authority. Such an order is intended to place parameters on individual behavior in order to avoid the necessity of a conduct hearing and allow the status quo to be maintained. Generally, such orders should be limited to those circumstances where the Dean has good cause to believe that the student, or the student’s behavior, poses a threat to the status quo of the University community or member(s). A student shall receive a written copy of the order, which specifies the conditions of the order, the duration of the order, the consequence for violation of the order, and how the record of the order will be maintained. Conduct Advisors may issue no-contact directives or temporary bans from campus property when approved by the Dean of Students.
A student receiving a temporary or provisional order may seek relief from the Vice President for Student Affairs. The student shall request relief in writing. Upon review, the Vice President can amend the conditions of the order or remove the order.
Interim Suspension – In certain circumstances, the Dean of Students, or a designee, may impose a University or residence hall suspension prior to a hearing before a hearing authority.
Interim Suspension may be imposed only:
During the interim suspension, the student shall be denied access to the residence halls and/or to the campus (including classes) and/or computing and networking facilities and resources and/or all other University activities or privileges for which the student might otherwise be eligible, as the Dean of Students or Conduct Advisor may determine to be appropriate. The student should be notified in writing of this action and the reasons for the interim suspension. The notice should include the date, time, and place of a subsequent hearing at which the student may show cause why his or her continued presence on the campus does not constitute a threat or may contest whether a campus policy was violated.
Violations of University drug and alcohol policies are cumulative over the duration of a student’s tenure at the University and a schedule of minimum consequences will be assigned. All monetary fines for alcohol and other drug violations go into an alcohol education account that supports classes, assessments, and other educational efforts.
Within five (5) University business days of the initial decision letter, the complainant or the accused student may appeal the conduct decision by submitting a written request for appeal to the Dean of Students that is signed by the appealing party, dated, and explains the reasons for appeal.
Except as required to explain the basis of new information, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:
In the event the student appealing a decision or a consequence wishes to review the verbatim record, s/he may make application to the Conduct Advisor to do so. The verbatim record will remain in the possession of the University during the review. Under no circumstances will a copy of the recording be released.
In the event a verbatim recording is not available due to mechanical failure or otherwise, the absence of the verbatim record shall not, in itself, be cause for appeal. In such cases the Conduct Advisor will contact the hearing authority. The hearing authority will issue a record, which will include the finding, what information was considered, and the basis for the finding. This record shall be considered sufficient for review by an appeal authority.
The appeal authority reviewing the appeal may do any of the following:
The President of the University may, at his/her discretion, review the decision of an appellate authority and has the full range of responses outlined in 8.5.
Any question of interpretation regarding the Code shall be referred to the Dean of Students or his or her designee for final determination, subject to appeal to the Vice President for Student Affairs.
The Code should be reviewed periodically under the direction of the Coordinator of Student Conduct. In all cases, review of this document should be done by bodies which include students appointed by the Student Government Association.
Changes in the Code which are editorial in nature and do not affect the fundamental nature of the document, or are required to insure the code is consistent with state or federal law, can be made by the Dean of Students and become effective upon approval by the President of the University.
Substantive changes recommended for the Code as a result of the review process shall be submitted to the Board of Governors for approval and adoption.
For purposes of "Academic Dishonesty": Any one of the following acts constitutes academic dishonesty:
The term "Appeal authority" means any person or persons authorized by the Dean of Students to consider an appeal from a hearing authority’s determination that a student has violated the Code or from the consequences assigned by the Conduct Advisor.
The term "Code" refers to the Code of Student Rights and Responsibilities.
The term “Complainant” refers to any member of the University community who files a complaint for charges against a student or student organization.
The term "Conduct Advisor" means a University official authorized by the Dean of Students to recommend consequences for students found to have violated the Code. The Dean may authorize a conduct advisor to serve simultaneously as a conduct advisor and the sole member or one of the members of a hearing authority. Nothing shall prevent the Dean from authorizing the same conduct advisor to recommend consequences in all cases.
The term "consent" is defined in the following manner: consent or lack of consent may be expressed or implied. Acquiescence does not necessarily constitute consent. Consent is voluntarily and knowingly given, and can be given for some acts but not others. The withdrawal of consent must be communicated in some way (either express or implied), and that may mean verbally, through actions, or through body language. If consent has been given for a particular act in a given instance and that act is completed, consent cannot be retracted after the fact. At the same time, ‘blanket consent’ is not a valid concept – if consent has been given for a particular act in a particular time frame that consent can be taken away before or during the act. Prior or current relationship status is not a determining factor in deciding if a sexual act was consensual. Further, consent cannot be construed if:
The term “consequence” or “educational consequence” refers to the outcomes or terms that a student must fulfill in the event they are found responsible for policy and/or code violations.
The "Dean of Students" is that person designated by the University to be responsible for the administration of the Code.
The term "explosive weapons" means any explosive, incendiary, or poison gas bomb or similar device designated or adapted for the purpose of inflicting death, serious physical injury, or substantial property damage, or any device designed or adapted for delivering or shooting such a weapon.
The term "faculty member" means any person hired by the University to conduct classroom or other learning/teaching activities.
The term "firearms" means any weapon that is designed or adapted to expel a projectile by the action of an explosive.
The term "hearing authority" means any person or persons authorized to determine whether a student has violated the Code and to recommend educational consequences. The list of conduct bodies includes, but is not limited to, the Dean of Students, the Coordinator of Student Conduct, the Director of Residence Life Housing and Dining Services or his/her designee, the Residence Hall Conduct Board, the University Hearing Panel, and such other bodies as may from time to time be created under the authority of this document.
The terms "may" and "should" are used in the permissive sense.
The term "member of the University community" includes any person who is a student, faculty member, University official, or any other person employed by the University. A person’s status in a particular situation shall be determined by the Dean of Students.
The terms "must" and "shall" are used in the imperative sense.
The term "organization" means any number of persons who have complied with the formal requirements for University recognition/registration.
The term "other weapons" is to include, but not be limited to, a blackjack, switchblade knife, other than an ordinary pocketknife with no blade more than two inches in length, brass knuckles, and projectile weapon such as a bow, crossbow, pellet gun, or slingshot.
The term "paraphernalia" includes any object that contains the residue of alcohol or of an illegal drug and any object that is used in the consumption or distribution of an illegal drug. Examples of the former include, but are not limited to, a marijuana pipe or bong, blow tube, a beer bong, and empty alcoholic containers. An example of the latter is a scale used in measuring quantities of an illegal drug.
The term "policy" is defined as the written regulations of the University as found in, but not limited to, the "Code of Student Rights and Responsibilities," the Missouri State web pages, the "Guide to University Living," "Guide to Apartment Living," "Graduate/Undergraduate Catalogs,” and “Policy Library”.
The term "sexual act" means any penetration, however slight, of the female sex organ by the male sex organ, whether or not emission results; any act involving the genitals of one person and mouth, tongue, hand, or anus of another person; or any of the above acts induced by force, duress, or deception.
The term "sexual contact" means any touching of the genitals or anus of any person, or the breast of any female person, or any such touching through the clothing for the purpose of arousing or gratifying sexual desire of any one person.
For purposes of the Code the term "student" includes all persons who have been notified of their acceptance for admission, as are persons who are living in Missouri State University residence halls or apartments, although not enrolled in this institution. This Student Code applies to all students in the Missouri State University system. A student is further defined as “an individual with respect to whom the university maintains education records or personally identifiable information and who is or who has been in attendance at the University” (operating policy 5.11 Notification of Student Rights, Policy Library).
The term "University" means Missouri State University.
The term "University premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University.
The term "University official" includes any person employed by the University performing assigned administrative or professional responsibilities. This term specifically includes residence hall Resident Assistants and Graduate Assistants.