Training Module I:

^{The Student Code of Conduct: Rights and Responsibilities}

This portion of the training program will provide you with a basic understanding of the Code of Conduct: Students Rights and Responsibilities. Each section of the code is summarized in order to give you an idea of where to find specific information and then specific sections that are highly relevant to the duties of panel members will be highlighted. The Student Code of Conduct should be viewed as an educational tool designed to assist students in educating themselves on becoming active, involved, and responsible citizens.

ARTICLE 1: Student Rights

This section of the Code of Student Rights and Responsibilities discusses, in detail, the rights retained by students in their capacity as members of the University Community or as citizens of the State or of the United States. This section emphasizes:

• Disciplinary sanctions may not be imposed upon any student without following procedural due process.
• All students have the right to be protected from discrimination.
• Students have limited rights of privacy. Acts such as student room searches by civil authorities, the removal of substances or property in violation of University policy, or investigation of student computer accounts and/or electronic mail are not considered to infringe upon student privacy rights.

ARTICLE II: Responsibilities

The following represent the main responsibilities students assume by becoming citizens of the University community. Students are expected to:

• Maintain academic integrity and honesty (including attending class)
• Comply with all published and stated rules and regulations of the University, state, and nation
• Respect differences of culture, lifestyles, religions, and freedom of expression
• Protect and guard the campus, its grounds, facilities, and equipment
• Participate in the process of reporting violations of University expectations, rules, and/or regulations without fear of adverse consequences for themselves

ARTICLE III: Authority & Jurisdiction

The State of Missouri has delegated authority for the governance of Missouri State University to the Board of Governors. Generally, jurisdiction and discipline are limited to conduct which occurs on University premises or which adversely affects the University Community and/or its objectives. This includes:

• Full power and authority to adopt rules and regulations for guiding and supervising conduct of all Missouri State students
• Authority to enforce obedience to those rules and regulations
• Power to delegate disciplinary authority

ARTICLE IV: Proscribed Conduct

Any student found to have committed any of the following acts of misconduct is subject to the disciplinary sanctions 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. However, most acts of misconduct will fall into one or more of the following categories:

Please see Article IV for more information on these acts as well as other examples of misconduct that are subject to disciplinary sanctions

ARTICLE V: Violation of Law & University Discipline

• Disciplinary actions may be taken against a student who has been charged with an off-campus violation of federal, state, or local laws even if the behavior is not a violation of the Code. Disciplinary actions may only be taken if  the student's actions are considered grave misconduct, demonstrating flagrant disregard for the University community.
• University disciplinary proceedings may be instituted against a student charged with violation of a law, which is also a violation of this Code.
• Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceeding off-campus.
• 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.

ARTICLE VI: Judicial Policies

This article describes the principles governing the judicial process.

• The judicial process is designed to further the educational process; therefore, it is not comparable to, or a substitute for, legal processes.
• The procedures outlined in the judicial process are designed to balance the rights and responsibilities of the accused student with the rights of the accused, other students, members of the academic community, and the public.
• All hearings are conducted by a judicial body in order to provide a fair opportunity for hearing the student's position, explanations, and information.
• Any member of the University community may file charges against any student for misconduct (as discussed in Training Module 2).
• A student voluntarily enrolls in the University and implicitly accepts certain obligations of performance and behavior established by the University.

ARTICLE VII: Sanctions

Once it has been determined that a violation of the Code has taken place, the hearing authority will recommend a sanction appropriate to the violation. In determining its recommendation, the hearing authority will also be provided the following information:

• Recommended sanctions from the accused student
• Recommended sanctions from the complainant
• Information regarding the past violations of the accused student (used to establish appropriate sanctions).

More than one sanction may be imposed for any single violation. The following sanctions may be imposed upon any student found to have violated this Code:

Other than dismissal, disciplinary sanctions shall not be made part of the student's permanent academic record, but will become part of the student's confidential disciplinary record, which is maintained by the Dean of Students Office and is restricted by the Family Educational Right to Privacy Act (FERPA).

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 sanctions will be imposed.

   a.   Possession of Drug Paraphernalia:

• First Violation: (a) Participation in a four-hour drug education class; (b) a fine of $45.00, (c) Level Two Probation for a period of one year, and (d) parental notification; as allowed under FERPA regulations.

• Second Violation: (a) Residence Hall Suspension and, (b) Denial of Privilege to Re-enroll for one semester (summer session does not qualify), and (c) parental notification, as allowed under FERPA regulations.

   b.    Use or Possession of Marijuana:

• First Violation: (a) Participation in a four-hour drug education class; (b) a fine of $80.00, (c) Level Three Probation for a period of two years; (d) assessment for chemical dependency; and (e) parental notification, as allowed under FERPA regulations.

• Second Violation: (a) Suspension from the University for one semester and (b) parental notification, as allowed under FERPA regulations.

   c.    Use or Possession of a Controlled Substance Other Than Marijuana:

• First Violation: (a) Participation in a four-hour drug education class; a fine of $80.00; (b) residence hall suspension; (c) assessment for chemical dependency; (d) Level Three Probation for a period of two years; and (d) parental notification, as allowed under FERPA regulations.

• Second Violation: (a) Suspension from the University for one year and (b) parental notification; as allowed under FERPA regulations.

   d.    Possession of a Controlled Substance with Intent to Sell or Distribute:

  e.    Use, Possession, or Distribution of Alcohol:

• First Violation: (a) Participation in a four-hour alcohol education class and (b) a fine of $45.00.

• Second Violation: (a) Referral to Student Conduct for an educational conference; (b) assigned to complete the CREAD program with Career Services; and (c) a fine of $90.00.

• Third Violation: (a) Parental notification; as allowed under FERPA regulations; (b) residence hall probation; (c) assessment for chemical dependency; (d) Level Two Probation for a period of one year; and (e) a fine of $135.00.

• Fourth Violation: Residence Hall Suspension or Suspension for one semester.

 ARTICLE VIII: Appeals

A judicial hearing decision and appropriated sanction may be appealed to an Appellate Board within ten (10) school days of the decision. Appeals are limited to review of the verbatim record of the initial hearing and supporting documents. This review will be used to:

• Determine whether the original hearing was conducted fairly, or
• Determine whether the facts of the case were sufficient to establish that a violation of the Code occurred, or
• Determine whether the sanction(s) imposed were appropriate for the violation, or
• Consider new information, sufficient to alter a decision, or other relevant facts not known at the time of the original hearing.

ARTICLE IX: Interpretation & Revision

The Code is periodically reviewed under the direction of the Judicial Advisor and any questions regarding the interpretation of the Code should be directed to the Dean of Students or his/her designee.

ARTICLE X: Definition of Terms

This section provides definitions of key terms relevant to and embedded in the Code of Conduct.

Please click here to continue to Training Module 2

This training program was created and posted by the Office of Student Conduct at Missouri State University, 2006.