The Code of Student Rights and Responsibilities of Missouri State University

Table of Contents

Section	Subject
Article I	Student Rights
Article II	Responsibilities
Article III	Authority and Jurisdiction
Article IV	Proscribed Conduct
Article V	Violation of Law and University Discipline
Article VI	Judicial Policies
Article VII	Sanctions
Article VIII	Appeals
Article IX	Interpretation and Revision
Article X	Definition of Terms

Revised by the Missouri State University Board of Governors: December 14, 2007

Effective Date: January 11, 2008

Office of Judicial Programs

 

The Code of Student Rights and Responsibilities of Missouri State University

 

 

 

Article I: Student Rights

1.2         Federal and State constitutional guarantees of free inquiry, expression, and assembly are specifically restated as guarantees on this campus.

1.3        Students are free to pursue their educational goals and to have appropriate opportunities for learning in the classroom and on  he campus as shall be provided by the University.

1.4          No disciplinary sanctions may be imposed upon any student without following minimal procedural due process, as described in Article VI of this code.

1.5       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. An applicant may not be denied admission solely because of race, color, religion, sex, national origin, ancestry, age, disability, or veteran status. 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. 

1.6          Discussion and expression of all views relevant to the subject matter is 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.

1.7         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.

1.8       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.

1.9       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.

1.10    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 Activities. 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.

1.11     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.

1.12    The student press is to be free of censorship. The editors and managers shall not be arbitrarily suspended because of student,faculty, administration, alumni, or community disapproval of editorial policy or content.

1.13        All students shall have the right to be represented in the Student Senate of the Student Government Association, and they shall further have all rights that constituents in democratic societies have including, but not limited to, the right of petition and recall of their representatives.

1.14     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 university regulations or laws are being violated; 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.

1.15      All students shall have the right to have their academic and disciplinary 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.

1.16      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, the Plaster Student Union, Hammons Student Center, McDonald Arena, Meyer Library, Plaster Sports Complex, the Student Art Gallery, and Taylor Health and Wellness Center.

1.17         All students shall have the right to be secure from having their rights infringed upon by University administrators, faculty, support staff, or fellow students.

 

Article II: Responsibilities

 

                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 citizens of the University community.

 2.1       Academic integrity and honesty are the foundation of the University community. Students are expected to practice academic               integrity in all assigned work. Students are also expected to be honest in all interactions with other students, faculty, and staff.

2.2     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.

 2.3       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.

2.4       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.

2.5      The campus and its grounds, facilities, and equipment are provided largely by the people of the State of Missouri for the stude of the University. Students are expected to protect and guard these resources.

2.6       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 judicial process as necessary.

2.7       Good Samaritan 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, Judicial Programs 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 Samaritan Policy may influence educational sanctions are:           

• A female student is reluctant to report that she has been sexually assaulted because she had been smoking marijuana just prior to the assault.
• A student is reluctant to call an ambulance when a friend becomes unconscious following an excessive consumption of alcohol because the reporting student is under the age of 21 and also was consuming alcohol.
• A member of a student organization is reluctant to report a possible suicide attempt by a prospective member because prospective members have been required to perform activities that may be considered hazing.

In all three of these examples, a student’s physical and/or psychological well-being is in serious jeopardy.

2.8       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.

2.9       The primary interaction between faculty and students, which produces educated persons, is in the classroom in the individual course setting. Students are expected to master the course content in compliance with the syllabus of the course instructor. Requirements of participation in classroom discussion and submission of written exercises are not inconsistent with this document.

2.10     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.”

2.11     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.

 

Article III: Authority and Jurisdiction

 

 

3.1       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 disciplinary authority.

3.2       Generally, jurisdiction and discipline shall be limited to conduct 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. Although the Judicial Advisor shall make the initial determination whether the alleged off campus conduct adversely affects the University Community and/or the pursuit of its objectives in order to file charges, the Dean of Students or a     University Hearing Panel shall ultimately decide, through the hearing process, whether the Student Code shall be applied to conduct occurring off campus, on a case-by-case basis.

3.3       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 conduct even if the student withdraws from school while a disciplinary matter is pending.

 

Article IV: Proscribed Conduct

 

4.1       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 available in the “Undergraduate Catalogue,” at http://www.missouristate.edu/provost/ and in 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:

• Furnishing false information to any University official, faculty member, or office.
• Forgery, alteration, or misuse of any University document, record, or instrument of identification.
• Tampering with the election of any student organization.

 4.2       Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other University activities, including its public-service functions on or off campus, or other authorized non-University activities, when the act occurs on University premises.

4.3       Harassment, which is unwelcome conduct toward another person or an identifiable group of persons which is severe and pervasive and has the purpose or effect of creating an intimidating, hostile, or offensive learning, working, or living environment.

4.4       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.

4.5     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 initiationadmission 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 are not neutral acts; they are violations of this policy.

4.6       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.

4.7       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 University’s “Current Students” web page (http://www.missouri state.edu/student.asp) or otherweb sites, or in other sources with which a student could reasonably be expected to be familiar.

4.9       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.

4.10     Use, possession, or distribution of narcotic or other controlled substances, or drug paraphernalia except as expressly permitted by law. Recommended minimum sanctions for the possession of drug paraphernalia and use or possession of marijuana or other controlled substances are outlined in 7.13.

4.11     Use, possession, or distribution of alcoholic beverages, or alcohol paraphernalia except as expressly permitted by the law and University regulations, or public intoxication. Recommended minimum sanctions for violations of the alcohol policy are outlined in 7.13.

4.12          Unauthorized fireworks and unauthorized possession 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.

4.13          Tampering with fire alarms, extinguishers, and/or other safety equipment.

4.14     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.

4.15     Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University-sponsored or -supervised functions.

 4.16     Conduct, which is

• Disorderly, lewd, indecent, or obscene; or
• A breach of peace; or
• Aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored, or participated in, by the University; or
• Unauthorized Surveillance: making unauthorized video or photographic images of a person in a location in which that person has a reasonable expectation of privacy, including, but not limited to, shower/locker rooms, residence hall rooms, and men's or women's restrooms. Also prohibited is the storing, sharing, and/or other distribution of such unauthorized images by any means.   

4.17     Abuse of computing resources, including but not limited to:

• Share a University account password with others, allowing anyone else to use your account, or use someone else’s account.
• Copy, share, upload, download, send, or knowingly receive copyrighted or trade/service marked materials without authorization.
• Fraudulently access and interfere with computer systems, resources, data or other users.
• Examine, alter or attempt to examine or alter another computer user’s private files or electronic communications without authorization.
• Use or alter electronic communications to hide your identity or impersonate another party.
• Disrupt, attempt to disrupt, or support the disruption of University or external information technology services, systems, or users.

 4.18     Physical Misconduct,including but not limited to:

a. inflict bodily harm or unwanted physical contact upon any person.

b. take any action for the purpose of inflicting harm upon any person.

 4.19     Sexual offenses specifically include, but are not limited to, the following acts with another person which occur without the consent (see 10.4) of the other person:

Forcible Sexual Offense: the involvement in any sexual act with another person, without the consent of the other person, in which there is force which overcomes reasonable resistance; or the threat of force, expressed or implied; or the use of duress or deception. The recommended minimum sanction shall be dismissal.

Nonforcible Sexual Offense: The involvement in any sexual act with another person, without the consent of the other person, particularly when the other person is incapacitated by drugs, alcohol, mental deficiency, or other disability. The recommended minimum sanction shall be suspension for one year.

Nonconsensual Sexual Contact: any intentional touching, without the consent of the other person, of the genitals or anus of any person, or the breast of any female person. The recommended minimum sanction shall be suspension for one semester (a summer semester does not satisfy this requirement).

Sexual Related Offenses: obscene or indecent behavior that is sexually motivated, including but not limited to indecent exposure and voyeurism. The recommended minimum sanction shall be Denial of Privilege to Re-enroll for a minimum of one semester (a summer semester does not satisfy this requirement). In addition, before readmission will be granted, the individual must submit a psychiatric evaluation, which clearly demonstrates that s/he is not a danger to her/himself or others.

Sexual Harassment: which includes any unwelcome sexual advances, requests for sexual favors, or other unwelcome written, verbal, or physical contact of a sexual nature when:

·         submission to such conduct is made, explicitly or implicitly, a term or condition of an individual’s education, employment, or participation in a University program or activity;

·         submission to, or rejection of, such conduct by an individual is used as the basis for decisions affecting that individual’s academic standing, employment status, or participation in a University program or activity; or

·         such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or work performance, or creating an intimidating, hostile, or offensive environment for that individual’s employment, education, or participation in a University program or activity. (This third situation is commonly known as hostile environment sexual harassment.)

     The recommended minimum sanction shall be Disciplinary Probation for one semester (a summer semester does not satisfy this requirement). In addition, other sanctions may be applied, as needed: e.g., moving from one residence hall to another or a required change of academic schedule.  

4.20     Abuse of the Judicial System, including but not limited to:

• Failure to obey the summons of a judicial body or University official.
• Falsification, distortion, or misrepresentation of information before a judicial body.
• Disruption or interference with the orderly conduct of a judicial proceeding.
• Institution of a judicial proceeding knowingly without cause.
• Attempting to discourage an individual’s proper participation in, or use of, the judicial system.
• Attempting to influence the impartiality of a member of a judicial body prior to, during, and/or after a judicial proceeding.
• Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to and/or during the course of the judicial proceeding.
• Failure to comply with sanction(s) imposed under the Code of Rights and Responsibilities.
• Influencing or attempting to influence another person to commit an abuse of the judicial system.

 
5.1       University disciplinary 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 sanctions 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.

 

5.2       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 judicial 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 and faculty members, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.   

 

Article VI: Judicial Policies

 

6.1       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 judicial 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.

 

6.2       The Judicial Advisor may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Judicial Advisor. Such disposition shall be final and there shall be no subsequent proceedings.

 

6.3       All charges shall be presented to the accused student in written form. The written notice of charges will contain the following:

a.       The sections of the Code or other University policies allegedly violated;

b.      Date, time, and place, the alleged violation occurred;

c.       A concise summary of the alleged violation;

d.      A list of the complainant’s witnesses (to be supplemented later if necessary); and

e.       A deadline for meeting with the Judicial Advisor.

 

6.4       The student accused of violating the Code will meet with the Judicial Advisor by the deadline assigned in the letter of charges. At this meeting the following matters will be decided:

a.       The Judicial Advisor will go over the charges and give a summary of the information to be presented as to allow preparation of refutation;

b.      The Judicial Advisor will answer any questions and provide any necessary clarification of the Code and/or its procedures;

c.       The student accused of violating the Code will complete and sign an adjudication form;

d.      The Judicial Advisor will assist both the accused and the complainant to secure necessary information for the purpose of facilitating and understanding a hearing before a judicial body (when necessary);

e.       In the event a hearing is necessary, a hearing authority (i.e., University hearing panel, Residence Life Judicial Board, etc.) will be determined and agreed upon;

f.       In the event the accused student and the Judicial Advisor cannot reach agreement on responsibility for a violation or appropriate sanctions, the student will choose as the hearing authority either the Dean of Students (or the Dean’s designee) or a hearing panel;

g.      If the student fails to meet with the Judicial Advisor or fails to complete the adjudication form, the Judicial Advisor shall assume a plea of not responsible and assign the Dean of Students (or designee) as the hearing authority;

 

6.5       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 disciplinary process is intended to be educational in nature. The judicial 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 by a judicial body in order to provide a fair opportunity for hearing of the student’s position, explanations, and information according to the following guidelines:

a.       Hearings normally will be conducted in private. At the request of the accused student, and subject to the agreement of the accusing party and the discretion of the chairperson, a hearing can be open to the public. When a hearing is opened, persons in the audience are not permitted to participate.

b.      Admission of any person to the hearing shall be at the discretion of the judicial body and/or its Judicial Advisor. The complainant and the accused student must each inform the Judicial Advisor of witnesses who they intend to have provide information at the hearing at least 24 hours in advance of the hearing.

c.       The presiding officer may cause to be removed from the hearing any person, including the accused student or an advisor, who disrupts or impedes the investigation, or who fails to adhere to the rulings of the chairperson. The chairperson may direct that persons, other than the accused student or the complainant, who are to be called upon to provide information, be excluded from the hearing except for that purpose. The members of the hearing authority may conduct private deliberations at such times and places as they deem proper.

d.      The complainant must appear in support of the charge(s) before the hearing authority designated. If the complainant fails to appear, charges may be dropped at the discretion of the Judicial Advisor.

e.       If the accused student has been properly notified of the hearing, but fails to appear, the hearing may take place in his/her absence and will be binding on the accused student. Only upon showing of exceptional circumstances (to be determined by the chairperson of the hearing authority) will the accused student be granted a new hearing on the basis of absence. In judicial hearings and/or conferences, it shall be presumed that the notice of a hearing/conference has been received if the notice is furnished in one of the following ways: notice is sent by regular, registered, or electronic mail to the address provided by the student to the Office of Judicial Programs or that is on record in the Registrar’s Office, or, if undeliverable, to the permanent address of record.

f.       In hearings involving more than one accused student, the judicial advisor, in his or her discretion, may recommend the hearings concerning each student be conducted separately. The decision to conduct the hearings separately is at the sole discretion of the chairperson of the judicial body.

g.      The complainant and the accused have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. The complainant and/or the accused is responsible for presenting his or her own information and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a judicial body. It is the responsibility of the complainant and the accused to notify the Judicial Advisor of the identity of the advisor secured no later than three (3) days in advance of the hearing date.

h.      In consideration of the limited role of advisors and of the compelling interest of the university to expeditiously resolve allegations of violations of the Code, the work of a hearing authority will not, as a general practice, be delayed due to the unavailability of an advisor.

i.        Presenting information and challenging  presented information at a hearing are rights available to both the accused and the complainant. However, direct questioning by the complainant or the accused student is not an inherent right and in certain cases may be denied by the chairperson.

j.        It is the responsibility of the person desiring the presence of a witness before a hearing to ensure that the witness appears. Because experience has demonstrated that the actual appearance of an individual is of greater value than a written statement, the latter is discouraged and should not be used unless the individual cannot reasonably be expected to appear. Any written statement must be dated, signed by the person making it, and witnessed by a University employee. The work of a hearing authority will not, as a general practice, be delayed due to the unavailability of a witness.

k.      The chairperson will accept for consideration all matters, which reasonable persons would accept as having probative value in the conduct of their affairs. Unduly repetitious, irrelevant, or personally abusive material should be excluded.

l.        Pertinent records, exhibits, and written statements may be accepted as information for consideration by a judicial body at the discretion of the chairperson.

m.    All procedural questions are subject to the final decision of the chairperson of the judicial body.

n.      After the hearing, the judicial body shall determine (by majority vote if the judicial body consists of more than one person) whether the student has violated each section of the Code, which the student is charged with violating.

o.      The judicial body’s determination shall be made on the basis of (whether it is more likely than not) that the accused student violated the Code. In cases of Residence Hall Expulsion, University Suspension, or Dismissal, the judicial body’s determination must be supported by substantial information.

p.      If a disability prevents a student from speaking, a nonattorney advisor may speak on behalf of that student. This does not preclude the student from being directed to testify and to reply to questions directed to him/her.

 

6.6       There shall be a single verbatim record, such as a tape recording, of all hearings before a judicial body. 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).

 

6.7       Except in the case of a student charged with failing to obey the summons of a judicial body or University official, no student may be found to have violated the Code solely because the student failed to appear before a judicial body. In all cases, the information in support of the charges shall be presented and considered.

 

6.8       The records of a student may be encumbered under this Code when a student:

• Is given sufficient notice to respond to a letter of disciplinary charges and fails to respond, or
• Does not fulfill a disciplinary sanction within the deadline established by a hearing body or by agreement with a Judicial Advisor, or
• Has received a sanction prohibiting future enrollment, or
• Has indicated a felony conviction on the application for admission and must have a conference with the Associate Dean of Students to determine the need for any parameters on conduct prior to registration for classes, or
• Has been summoned by the Dean of Students or a designee for a meeting concerning the student’s alleged misconduct and will not comply with the request.

The purpose of an encumbrance is to compel a student to fulfill an obligation to the Dean of Students Office. An encumbrance of records denies the student the right to register for future classes until cleared by the Judicial Advisor, Dean of Students, or Vice President for Student Affairs. An encumbrance of records will be removed by a Judicial Advisor when the student fulfills the required conditions. A student receiving an encumbrance 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 encumbrance or remove the encumbrance.

 

  Article VII: Sanctions

 

 

7.2        The following sanctions may be imposed upon any student found to have violated this Code.

a.    Warning – A notice in writing to the student that the student is violating or has violated institutional regulations. A disciplinary record is maintained for one year from the date of imposition of the sanction.

b.    Loss of Privileges – Denial of specified privileges for a designated period of time. A disciplinary record is maintained for one year from the date of imposition of the sanction.

c.    Fines – Fines may be imposed. A disciplinary record is maintained for one year from the date of imposition of the sanction.

d.    Restitution – Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement. A disciplinary record is maintained for one year from the date of imposition of the sanction.

e.    Discretionary Sanctions – Work assignments, service to the University, or other related discretionary assignments which may include, but are not limited to, an apology, restriction upon privileges, research and a written statement, a referral for counseling, evaluation for alcohol/drug abuse, a psychiatric evaluation, or such other sanction deemed appropriate. A disciplinary record is maintained for one year from the date of completion of the sanction.

f.    Level One Probation – A written reprimand for violation of specified policies. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional policy during the probationary period. A disciplinary record is maintained for one year from the date of imposition of the sanction.

g.    Level Two Probation – Serves as both a second chance and a final warning to the student. It is imposed for a specific period of time and affects the student’s good standing in the University. While on level two probation, the student may be declared ineligible to campaign for or hold office or other leadership roles in a student organization, or represent the University in any intercollegiate activity. If found responsible for a violation of the Code while on level two probation, this may result in suspension or dismissal. A disciplinary record is maintained until three years after graduation/separation from the University or after the condition imposed is satisfied, whichever is greater.

h.    Level Three Probation – The highest level of probation. It is imposed for a specific period of time and affects the student’s good standing in the University. While on level three probation the student shall be declared ineligible to campaign for or hold office or other leadership roles in a student organization. The student shall not represent the University in any intercollegiate activity. If found responsible for a violation of the Code while on level three probation, it shall result in suspension or dismissal. A disciplinary record is maintained until three years after graduation/separation from the University or after the condition imposed is satisfied, whichever is greater.

i.    Denial of Privilege to Re-enroll – This places the student on level three probation, permits the student to complete the current semester barring further violations, but prohibits the individual from enrolling for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. While prohibited from enrolling, the student is denied access to University owned or leased grounds, facilities, and vehicles, and all University planned, promoted, or sponsored activities. In the case where a student is a member of a student organization, the student is prohibited from attending the student organization’s activities on or off-campus. Records are encumbered. A disciplinary record is maintained until three years after graduation/separation from the University or after the condition imposed is satisfied, whichever is greater.

j.      Residence Hall Probation – Probation is for a specified period of time and includes the probability of suspension or expulsion from residence hall living if the student is found to be in violation of institutional policies during the probationary period.

k.    Parental Notification – The Family Educational Rights and Privacy Act (FERPA) permits an institution of higher education to disclose to parents or legal guardians the results of disciplinary hearings if the student is less than 21 years of age and has been found responsible for violating campus rules regarding the use or possession of alcohol or a controlled substance. Parents or guardians of students under the age of 21 will be notified of all violations of University narcotic or other controlled substance policies (Section 4.10) and those alcohol violations (Section 4.11) that result in an assessment for chemical dependency, residence hall probation, or a more severe sanction, as allowed under FERPA regulations.

l.     Residence Hall Suspension – Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. The student may be denied access to the residence halls during the suspension. A disciplinary record is maintained for one year from the date of completion of the sanction.

m.    Residence Hall Expulsion – Permanent separation of the student from the residence halls. The student shall be permanently denied access to the residence halls. A permanent disciplinary record is maintained.

n.    Suspension – Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. While on suspension, the student is denied access to University owned or leased grounds, facilities, equipment, computer networks, and vehicles, and all University planned, promoted, or sponsored activities. In the case where a student is a member of a student organization, the student is prohibited from attending the student organization’s activities on or off campus. Records are encumbered. A permanent disciplinary record is maintained.

o.    Dismissal – Permanent separation of a student from the University. When dismissed, a student is denied access to University owned, or leased grounds, facilities, and vehicles, and all University planned, promoted, or sponsored activities. In the case where a student is a member of a student organization, the student is prohibited from attending any student organization activity. Records are permanently encumbered. A notation is made on the student’s permanent academic record with removal resulting only from action by the President of the University. A permanent disciplinary record is maintained.

p.    Revocation of Admission and/or Degree – Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.

q.    Withholding Degree – The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this student conduct code, including the completion of all sanctions imposed, if any.

7.3       More than one of the sanctions listed above may be imposed for any single violation.

7.4      Other than dismissal, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s confidential disciplinary 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).

7.5       Disciplinary cases that are incomplete, due to factors such as the student’s not responding to disciplinary charges or not fulfilling a sanction, remain a disciplinary 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.

7.6       The following sanctions may be imposed upon groups or organizations:

• Those sanctions listed above in Sections 7.2.a through 7.2.h.
• Revocation of University Recognition – Loss of all privileges, including University recognition, for a specified period of time. Conditions for recognition may be imposed.
• Dismissal – permanent revocation of University recognition.
• All disciplinary records concerning student organizations are maintained permanently for archival purposes.

7.7       In each case in which a judicial body determines that a student or student organization has violated the Code, the sanction(s) shall be determined and imposed by the Dean of Students. The Dean, in determining and imposing sanctions, shall consider the recommendation of all members of the judicial body. The Dean is not limited to sanctions recommended by the members of the judicial body. Following the hearing, the judicial body and the Dean shall advise the accused in writing of their determination and of the sanction(s) imposed, if any. A sanction imposed by the Dean may be appealed as described in Article VIII (see 8.2 c.). The Dean may designate the Director, Associate, or Assistant Director of Residence Life and Services to determine and impose sanctions upon students who live in the residence halls.

 
7.8       Temporary or Provisional Orders – In addition to the authority granted in section 2.3 of this Code, the Dean and Associate Dean of Students are 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 judicial authority. Such an order is intended to place parameters on individual behavior in order to avoid the necessity of a judicial 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. Judicial Advisors may issue no-contact directives or temporary bans from campus property when approved by the Dean or Associate Dean of Students

7.9       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.

7.10      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 body.

7.11      Interim Suspension may be imposed only:

• To ensure the safety and well-being of members of the University community or preservation of University property; or
• To ensure the student’s own physical or emotional safety and well-being; or
• If the student has violated a provisional order put into effect to ensure the safety and well-being of members of the University community or preservation of University property; or
• If the student poses a threat of disruption of, or interference with, the normal operations of the University.

 

7.12    a. 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 Judicial Advisor may determine to be appropriate.

            b. 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. 

7.13          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: Participation in a four-hour drug education class; a fine of $45.00, which will be placed in a Judicial Programs account, designated as the Alcohol Education account, which will be solely utilized for student alcohol and other drug education programs; Level Two Probation for a period of one year; and parental notification, as allowed under FERPA regulations.
• Second Violation: Residence Hall Suspension and Denial of Privilege to Re-enroll for one semester (summer session does not qualify) and parental notification, as allowed under FERPA regulations.

b.    Use or Possession of Marijuana:

• First Violation: Participation in a four-hour drug education class; a fine of $80.00, which will be placed in a Judicial Programs account, designated as the Alcohol Education account, which will be solely utilized for student alcohol and other drug education programs; Level Three Probation for a period of two years; assessment for chemical dependency; and parental notification, as allowed under FERPA regulations.
• Second Violation: Suspension from the University for one semester and parental notification, as allowed under FERPA regulations.

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

• First Violation: Participation in a four-hour drug education class; a fine of $80.00, which will be placed in a Judicial Programs account, designated as the Alcohol Education account, which will be solely utilized for student alcohol and other drug education programs; residence hall suspension; assessment for chemical dependency; Level Three Probation for a period of two years; and parental notification, as allowed under FERPA regulations.
• Second Violation: Suspension from the University for one year and parental notification, as allowed under FERPA regulations.

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

• First Violation: Dismissal from the University.

e.    Use, Possession, or Distribution of Alcohol:

• First Violation: Participation in a four-hour alcohol education class and a fine of $45.00, which will be placed in a Judicial Programs account, designated as the Alcohol Education account, which will be solely utilized for student alcohol education programs.
• Second Violation: Referral to Judicial Programs for an educational conference, other discretionary sanctions, and a fine of $90.00, which will be placed in a Judicial Programs account, designated as the Alcohol Education account, which will be solely utilized for student alcohol education programs.
• Third Violation: Parental notification, as allowed under FERPA regulations; residence hall probation; assessment for chemical dependency; Level Two Probation for a period of one year; and a fine of $135.00 which will be placed in a Judicial Programs account, designated as the Alcohol Education account, which will be solely utilized for student alcohol education programs.
• Fourth Violation: Residence Hall Suspension or Suspension for one semester.   

 

Article VIII: Appeals

 

8.1       A decision reached at a judicial hearing or a sanction imposed by the Dean of Students may be appealed by the student to an Appellate Board within ten (10) University business days of the initial decision letter.    Such appeals shall be in writing, signed and dated by the student, and shall be delivered to the Judicial Advisor or his/her designee.

 

8.2       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:

• Procedural Error: To determine whether the original hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present information that the Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations.
• Unsupported Conclusion: To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether the facts in the case were sufficient to establish that a violation of the Code occurred.
• Disproportionate Sanction: To determine whether the sanction(s) imposed were appropriate for the violation of the Code, which the student was found to have committed.
• New Information: To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original hearing.

 8.3      In the event the student appealing a decision or a sanction wishes to review the verbatim record, s/he may make application to the Judicial 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.

 8.4      In the event a mechanical failure occurs that prevents a verbatim recording, the absence of the verbatim record shall not, in itself, be cause for appeal. In such cases the Judicial Advisor will contact the chairperson of the hearing body. The chairperson will reconvene the hearing body and issue a record, which will include the finding of the body, what information the body considered, and the basis for the finding. This record shall be considered sufficient for review by an appeal authority.

 8.5     If an appeal is upheld by the Appellate Board, the matter shall be remanded to the original judicial body and Judicial Advisor for re-opening of the hearing to allow  consideration of the original determination and/or sanction(s). If an appeal is not upheld and the sanction is less than suspension or dismissal, the matter shall be considered final and binding upon all involved.

8.6     In cases where the sanction determined is University suspension or dismissal, the accused student will have an additional right of appeal to the President of the University, in writing within 10 business days. Appellate decisions or opinions shall be conveyed to the President for his information and the Judicial Advisor for notification of the parties involved.

8.7     In the case of an appeal to the President, the President may review the decision, at his/her discretion, or may designate another University official to review the decision. If the President has not acted on an appeal within 30 days, the previous decision stands.

 

 

Article IX: Interpretation & Revision

 

9.1      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 President.

9.2       The Code should be reviewed periodically under the direction of the Judicial Advisor. In all cases, review of this document should be done by bodies, which include students appointed by the Student Government Association.

9.3       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.

9.4     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.

   

Article X: Definition of Terms 

 

10.1     For purposes of “Academic Dishonesty”: Any one of the following acts constitutes academic dishonesty:

a.       Cheating: The term “cheating” refers to using or attempting to use unauthorized materials, information, or study aids in any academic exercise.

b.      Fabrication: The term “fabrication” refers to unauthorized falsification or invention of any information (including research data) or any citation in any academic exercise.

c.       Facilitating academic dishonesty: Assisting or attempting to assist another to violate any provision of the Academic Integrity Policy, whether or not that action is associated with any particular course, is considered academic dishonesty.

d.      Plagiarism: The term “plagiarism” includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work or sections of a work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials, including material taken from or ordered through the Internet.

 

10.2     The term “Appellate Board” means any person or persons authorized by the Dean of Students to consider an appeal from a judicial body’s determination that a student has violated the Code or from the sanctions imposed by the Judicial Advisor.

10.3     The term “code” refers to the Code of Student Rights and Responsibilities.

10.4     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. Further, consent cannot be construed if:

• It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense and such incompetence is manifest or known to the actor; or
• It is given by a person who by reason of youth, mental disease or defect, or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
• It is induced by force, duress, or deception.

 

10.5     The “Dean of Students” is that person designated by the University to be responsible for the administration of the Code.

10.6     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.

10.7     The term “faculty member” means any person hired by the University to conduct classroom or other learning/teaching activities.

10.8     The term “firearms” means any weapon that is designed or adapted to expel a projectile by the action of an explosive.

10.9     The term “Judicial Advisor” means a University official authorized on a case-by-case basis by the Dean of Students to recommend sanctions upon students found to have violated the Code. The Dean may authorize a judicial advisor to serve simultaneously as a judicial advisor and the sole member or one of the members of a judicial body. Nothing shall prevent the Dean from authorizing the same judicial advisor to recommend sanctions in all cases.

10.10   The term “judicial body” means any person or persons authorized to determine whether a student has violated the Code and to recommend imposition of sanctions. The list of judicial bodies includes, but is not limited to, the President of the University, the Faculty-Student Judicial Commission, the Dean of Students, the Associate Dean of Students, the Coordinator of Judicial Affairs, the Director of Residence Life and Services or his/her designee, the Residence Hall Judicial Board, the University Hearing Board, and such other bodies as may from time to time be created under the authority of this document.

10.11   The terms “may” and “should” are used in the permissive sense.

10.12   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.

10.13   The terms “must” and “shall” are used in the imperative sense.

10.14   The term “organization” means any number of persons who have complied with the formal requirements for University recognition/registration.

10.15   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 four inches in length, brass knuckles, and projectile weapon such as a bow, crossbow, pellet gun, or slingshot.

10.16   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.

10.17   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,”and “Graduate/Undergraduate Catalogs.”

10.18   The term “sanction” refers to a consequence that is imposed upon a student who has been found to be in violation of a University policy.

10.19   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.

10. 20 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.

10. 21 The term “student” includes all persons taking courses at the University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies. Persons who withdraw after allegedly violating the Student Code, who are not officially enrolled for a particular term but who have a continuing relationship with the University, or who have been notified of their acceptance for admission, are considered “students” 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.

10.22   The term “substantial information” means such relevant information as a reasonable person might accept as adequate to support a conclusion.

10.23   The term “University” means Missouri State University.

10. 23 The term “University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University.

10. 24 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.