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> MSU Policy and Procedures > Conduct Guidelines and Grievance Procedures for Students
600.00 Student Conduct Code
TABLE OF CONTENTS
610.00 Conduct Expectations
620.00 Judicial Authority and Jurisdiction
630.00 Proscribed Conduct
640.00 Judicial System/Hearing Boards
650.00 Student Conduct Hearing Procedures
660.00 Sanctions
670.00 Appeals
680.00 Interim Restrictions
690.00 Records and Confidentiality
Montana
State University expects all
students to conduct themselves as honest, responsible and law-abiding members of
the academic community and to respect the rights of other students, members of
the faculty and staff and the public to use, enjoy and participate in the
University programs and facilities. Student conduct that disrupts, invades or
violates the personal and property rights of others is prohibited and may be
subject to disciplinary action.
A. Conduct violations which occur on University-owned or
University-controlled property or at University-sponsored events are subject to
University disciplinary jurisdiction. The University may also apply this code to
student conduct, regardless of where it occurs, which adversely impacts or
affects the overall mission, programs, and functions of the University or the
health and safety of members of the University community.
B. Students who commit offenses against the laws of the city, state or
United States are subject to prosecution
by those authorities and may be subject to disciplinary action under this code
if the offenses are also violations of this code. University disciplinary
proceedings may precede, follow, or take place simultaneously with criminal
proceedings and will not be subject to challenge on the ground that criminal
charges involving the same incident have been dismissed or reduced. When a
student has been charged by a civil authority for a violation of law, the
University will neither request nor agree to special consideration for the
student solely because of his or her status as a student.
631.00 Any student found to have committed a violation of the student conduct code is
subject to disciplinary sanctions outlined in Section 660.00. The following
offenses constitute violations of the student conduct code and can lead to
serious disciplinary action, including suspension or expulsion from the
University.
632.00 Acts of Dishonesty
- Acts of dishonesty include but are not limited to:
- Cheating, plagiarism or other breaches of academic integrity, such as
fabrication, facilitating or aiding academic dishonesty; theft of
instructional materials or tests; unauthorized access to or manipulation
of laboratory equipment or experiments; alteration of grades or files;
misuse of research data in reporting results; use of personal
relationships to gain grades or favors, or otherwise attempting to obtain
grades or credit through fraudulent means. (Refer to Academic
Misconduct Procedures, 420.00 for additional definitions)
- Knowingly furnishing false information to any University official,
faculty member or office.
- Forgery, alteration or misuse of University documents, records,
instruments of identification, computer programs or accounts.
633.00 Stalking, Harassment and Hazing
1. Stalking includes, but is not limited to, purposely or
knowingly causing another person substantial emotional
distress or reasonable apprehension of bodily injury or death by repeatedly
following the stalked person
or harassing, threatening, or intimidating the stalked person, in person or by
mail, by electronic communi-
cation or any other action, device, or method.
2. Harassment
includes but is not limited to verbal, graphic and/or written abuse directed at
another, beyond a reasonable expression of opinion, which:
a. is
threatening or carries with it the intention to do bodily harm, or
b. substantially
interferes with a person's exercise of his/her responsibilities as a
student, faculty or staff member.
3. Hazing
includes but is not limited to any conduct or method of initiation, admission or
condition of continued membership in any student organization which:
a. endangers
the physical or mental health or safety of any student or other person,
including extended deprivation of sleep or rest; forced consumption of food,
liquor, beverage, or drugs; beating or branding; involuntary confinement or
imprisonment, or
b.
destroys, vandalizes
or removes public or private property
634.00 Assault and Sexual Offenses
1. Physical
assault, which includes but is not limited to: physical contact of an insulting
or provoking nature or physical interference with a person which prevents the
person from conducting his/her customary or usual affairs, puts the person in
fear for his/her physical safety, or causes the person to suffer actual physical
injury.
2.
Sexual intercourse without consent,
sexual assault or any other nonconsensual conduct of a sexual nature.
635.00 Alcohol and Drug Offenses
- Use, possession, manufacture, distribution or sale of narcotics or
dangerous drugs, except as expressly permitted by law.
- Use, possession or distribution of intoxicants, including alcohol, in
the buildings or on the grounds of Montana State University except as
expressly permitted by law or University policy.
636.00 Firearms, Explosives and Weapons Offenses
- Illegal or unauthorized possession or use of firearms, explosives,
weapons or dangerous chemicals on University premises, including:
- carrying a concealed weapon and/or firearm;
- discharging firearms on campus;
- possessing firearms or ammunition on campus except as expressly
authorized by residence hall and family student housing policies;
- possessing dangerous chemicals on campus, except as authorized by law
and University policy.
637.00 Illegal and Disruptive Conduct
1. Violation
of federal, state or local law on University premises or at University sponsored
activities; violation of published University policies, rules or regulations.
2.
Acting to impair, interfere with or
obstruct the orderly conduct, processes and functions of the University,
including but not limited to:
a. Violence
or threat of violence against self or any member or guest of the University
community.
b. Interference
with the freedom of movement of any member or guest of the University.
c. Interference
with the rights of others to enter, use or leave any University facility,
service or activity.
d. Obstruction
or disruption of teaching, research, administration, disciplinary procedures or
other University activities, or of other authorized activities on University
premises.
e. Use
of public address systems on the campus outside of University buildings except
with written permission of the Office of Student Activities.
f. Failure
to comply with directions of law enforcement officers and University officials
acting in the performance of their duties and/or failure to identify oneself to
those persons when requested.
g. Failure
to comply with any authorized Student Conduct Code sanction (s)/condition(s).
h.
Trespassing or unauthorized entry into
University buildings or property.
638.00 Theft/Misuse of Property
1. Theft,
attempted theft, unauthorized possession, use, or removal of University property
or the property of any member of the University community.
2. Defacing,
tampering, damaging or destroying University property or the property of
any member of the University community.
3. Unauthorized
presence in or use of University grounds, facilities, or property.
4. Theft
or other abuse of computer facilities, capabilities and/or computer time,
including but not limited to:
a. Unauthorized
entry into a file, to use, read, or change the contents, or for any other
purpose.
b. Unauthorized
transfer of a file.
c. Unauthorized
use of another individual's identification or password.
d. Use
of computing facilities to interfere with the work of another student, faculty
member or University official.
e. Use
of computing facilities to send harassing or abusive messages.
f. Use
of computing facilities to interfere with the normal operation of the computing
system.
g. Unauthorized
use of computer resources, or the unauthorized use or copying of computer data
or software. Examples of unauthorized use or copying include: attempts to alter
systems, unauthorized access or copying of data or software, attempts to release
data, text, files or software in violation of copyright protection and the
condoning, approving, or directing of unauthorized use or copying.
h. Attempts
to circumvent or defeat any University owned system firewall or any other
mechanism put in place to manage the network.
5. Theft
of telephone services or other auxiliary services, including food services,
housing, etc.
The University shall
establish appropriate procedures to conduct hearings concerning alleged
violations of the Student Conduct Code. There are two primary judicial systems
at Montana State University.
641.00 Residence Life Judicial System.
The procedures for the
conduct of the Residence Life Judicial System are available from Residence Life.
The system is designed to impose disciplinary action on residents of the
Residence Halls who violate residence hall rules and/or the Student Conduct
Code. The Director of Residence Life will coordinate the Residence Life Judicial
System and will work closely with the Dean of Students to assure that students
charged with conduct violations who reside in the residence halls are referred
to the appropriate hearing board or administrative hearing process. When the
actions of the student accused of a conduct violation adversely impact the
campus community as a whole, the student will be referred to the Dean of
Students. Such a referral may in addition to or in lieu of the Residence Life
Judicial System.
642.00 University Student Conduct Board.
The University Student
Conduct Board is the judicial system for the adjudication of cases involving
alleged violations of the Student Conduct Code. The Board will determine whether
the student charged has violated the Student Conduct Code and recommend findings
and sanctions to the Vice President for Student Affairs or designee. The
procedures for such hearings are set forth in Section 650.00.
643.00 Composition of University Student Conduct Board.
1.
The University Student Conduct Board is a standing committee. The
presiding officer shall be designated by the Vice President for Student Affairs.
Other members will be:
a.
one professional staff member selected by the Dean of Students Office
after consultation with the Professional Council;
b.
two faculty members selected by the Dean of Students Office after
consultation with the Chair of Faculty Council; and
c.
two student members selected by the Dean of Students Office after
consultation with the President of ASMSU.
2.
A non-voting recording secretary will be provided by the Dean of Students
Office to take minutes.
3.
The presiding officer of the University Student Conduct Board will select
replacements for any board members for good cause.
4.
A quorum is considered to be four members, one of which must be a student.
651.00 Filing of charges.
On its own initiative or
at the request of any student, faculty or staff member, the University, through
the Dean of Students Office, may file appropriate charges of misconduct against
a student.
1.
Charges should be filed no later than four months after the alleged
violation of the Student Conduct Code, unless good cause is shown to justify the
delay. In no event should charges be filed more than one year from the date of
the misconduct or the determination of the identity of the person believed to
have violated the Student Conduct Code.
2.
All charges will be in writing and contain at least the following
information:
a.
the name and address (if known) of the student alleged to have violated
the Student Conduct Code.
b.
the date (s) the incident (s) occurred;
c.
the location where the incident (s) occurred;
d.
a description of the incident which sets forth sufficient details to
establish a possible violation of the Student Conduct Code.
3.
If a student has withdrawn or withdraws from the University after charges
have been filed, the University may:
a.
place a hold on the student's academic record and notify the student that
disciplinary action will be initiated before the student's re-enrollment in the
University, or
b.
proceed with the disciplinary process, determining sanctions to be
imposed if the student is readmitted.
4.
The Dean of Students may order that university administrative services
such as grades, registration, course drop/adds, fee payment, refunds,
withdrawals, fee waivers, etc., be withheld to compel students accused of
violation(s) of the Student Conduct Code to meet with the Dean of Students as
necessary to properly investigate the alleged violation(s). Services may be
withheld at the Dean of Students' discretion. Unless otherwise ordered by the
Dean of Students, when charges are for adjudication in a Student Conduct Hearing
all services will be withheld pending the outcome of the Hearing and any
resulting sanctions and appeals.
652.00 Pre-hearing procedures.
Upon filing charges, the
University may conduct a pre-hearing conference (informal meeting) with the
charged student (s) to discuss the nature of and responsibility for an alleged
offense.
1.
The University shall notify the charged student (s) at least three
calendar days prior to the scheduled pre-hearing. The student (s) shall have the
right to waive the pre-hearing and proceed to a hearing before the Student
Conduct Board.
2.
The University staff member conducting the pre-hearing may withdraw any
charge determined to be without basis. The person who filed the charge initially
may appeal this decision to the Vice President for Student Affairs under the
appeal processes set forth in Section 670.00.
3.
If the facts and any sanction (s) which may be imposed can be agreed upon
by the staff member and the charged student (s), an Administrative Agreement
will be prepared and signed by both the student and the staff member. By signing
the Administrative Agreement, the student waives the right to a hearing and any
appeal and agrees to accept the sanction (s).
4.
If an Administrative Agreement is not signed within five working days
following the pre-hearing meeting, the matter shall be referred to the
appropriate hearing board, unless the student can show good cause for the
extension of the deadline. The responsibility and burden of proof of "good
cause" will be upon the student. The parameters of "good cause" will be
circumstances that were beyond the student's control (e.g., illness, death in
the family).
653.00 Delays.
Any student charged with
violating the Student Conduct Code may request a reasonable delay of the
pre-hearing or hearing for good cause.
654.00 Notice.
In the event of a hearing, the charged student shall be notified at least
seven calendar days prior to the date of the hearing (except a hearing on the
alleged violation of Interim Restrictions imposed under Section VIII. may be
called with one day notice to the student). Such notice shall be in writing and
shall include the following:
- The specific charge (s) citing the University policies or regulation (s)
allegedly violated.
- A description of the alleged violation (s), including the time and place
of the alleged act (s) (insofar as may reasonably be known) and a summary of
the information upon which the charges are based.
- The time and place of the hearing.
- The procedures to be followed in the hearing.
655.00 Hearing Procedures.
Hearings conducted by the Student Conduct Board shall be conducted according
to the following guidelines:
- The member (s) of the board shall be impartial, i.e., without personal
bias in favor of or against the charged student.
- The presiding officer of the hearing board will determine whether the
hearing will be an "open meeting" under the MSU Open Meeting Policy.
Generally, because of the privacy interests of the parties involved, these
hearings are closed to the public.
- Minutes will be kept by the recording secretary and an audiotape may be
used to record the hearing. The audiotape is the property of the University.
- The University shall bear the burden of proving by a preponderance of the
evidence that the charged student violated the Student Conduct Code. A
preponderance of evidence is described as evidence that is of greater weight
or more convincing than the evidence which is offered in opposition to it. A
staff member of the Dean of Students Office will present the case to the
University Student Conduct Board. In all cases, the person presenting the case
shall not vote.
- The University will proceed with a hearing in any case in which the
student fails to appear after receiving proper notice. Proper notice is
defined as one letter to the student's last known address.
- The charged student has the right to be assisted by any advisor he/she
chooses, at his/her own expense. The student is responsible for presenting
his/her own case and, therefore, advisors are not permitted to speak or
participate directly in any hearing
- The complainant and the charged student (s) shall have the opportunity to
review all written evidence prior to the hearing, to present witnesses and
evidence at the hearing, and to question each other's evidence and witnesses
during the hearing. The presiding officer may preclude the presentation of
duplicative, irrelevant or unnecessary evidence and may limit the number of
witnesses. Character witness/references are limited to one per
respondent.
- The presiding officer of the board shall control the hearing, and shall
make all decisions regarding evidentiary and procedural questions.
- Every reasonable effort will be made to elicit and consider the most
reliable evidence. The statutory Rules of Evidence which govern the state and
federal court proceedings do not apply. Respondent and complainant must submit
all evidence to the presiding officer no later than three working days before
the hearing date for the presiding officer's review to determine
admissibility. Evidence not submitted to the presiding officer three days
before the hearing date will not be allowed at the hearing unless there is
good cause for exception, as determined by the chair. All parties will
have opportunity to review such evidence prior to the hearing. The decision of
the presiding officer on the admissibility of the evidence and procedural
matters is final.
- Any person, including the charged student, who disrupts a hearing or who
fails to adhere to the rulings of the presiding officer may be excluded from
the proceedings.
- The hearing board's determination shall be made on the basis of whether it
has been proven by a preponderance of evidence that the charged student
violated the code. Any decision of a hearing board shall be based only upon
evidence and testimony presented at the hearing.
- The decision of the hearing body and the recommended sanctions shall be in
writing. If the student is found to have violated the code, the hearing body
shall recommend sanction (s).
- The record of the hearing shall consist of written minutes of the hearing,
any documentary evidence presented, the audiotape, if made, and the written
decision of the hearing board.
- The entire record shall be forwarded to the designated University official
responsible for imposing sanctions, as follows:
- Residence Life Judicial System -- a staff person of Residence Life
designated by the Vice Provost for Student Affairs;
- University Student Conduct Board -- the Vice Provost for Student Affairs
or designee.
- The designated University official shall, within five working days after
receiving the hearing board's decision and recommendation, determine what
sanction (s), if any, will be imposed. The official shall send a copy of the
decision and the sanction to be imposed to the charged student (s) and
complainant.
- The decision of the Student Conduct Board and the sanctions imposed by the
designated official may be appealed to the Vice President for Student Affairs
as set forth in Section VII.
A. Individual Sanctions.
In recommending or
determining a sanction, a hearing board or designated University official,
respectively, may consider the student's present and past disciplinary record,
including Residence Hall disciplinary record, the nature of the offense, the
severity of any damage, injury, or harm resulting therefrom, and other factors
relevant to the case. If the student is found to have violated the Student
Conduct Code, the responsible University official may impose one or more of the
following sanctions:
1.
Expulsion
-- Permanent separation of the student from the University. The student may also
be barred from University premises.
2.
Suspension
-- Separation of the student from the University for a specified period of time,
but not less than the remainder of the semester. The student shall not
participate in any University sponsored activity and may be barred from
University premises.
3.
Conduct
Probation/Suspension Warning --
A status which is imposed for a designated period of time and includes the
probability of more severe disciplinary sanctions, including suspension or
expulsion, if the student is found to have violated the Student Conduct Code
during the period.
4.
Disciplinary Reprimand
-- A written reprimand for violation
of the Student Conduct Code and a warning that further misconduct may result in
more severe disciplinary action.
5.
Restitution
-- Compensation for actual loss, damage or injury. This may take the form of
appropriate service and/or monetary or material replacement.
6.
Residence Hall Sanctions
-- Disciplinary action for violations in the residence halls may consist of, but
is not limited to a Warning, Residence Hall Probation, Restrictions of Residence
Hall Privileges, Restitution, Constructive Work Projects, Removal From Floor,
Hall, or Residence Hall System, Persona Non Grata, Referral, or a combination of
sanctions.
7.
Other Sanctions
-- Other sanctions may be imposed instead of or in addition to these specified
above, such as work requirements, restrictions, loss of privileges, withholding
registration, limitation of access to University housing facilities or other
property, imposition of mandatory educational or counseling requirements or
other sanction appropriate under the circumstances.
B.
Group Sanctions.
The following sanctions
may be imposed upon sororities, fraternities and groups or organizations
registered with the University:
1.
Those sanctions listed in subparagraphs 3, 4, 5 and 7 of section 660.00
A. above.
2.
Deactivation - Loss of all privileges, including University recognition
or registration for a specified period of time.
A.
The appeal procedures for the Residence Life Judicial System are set
forth in the Residence Hall Handbook.
B.
A student may appeal the decision of the University official following a
University Student Conduct Board hearing by delivering a letter of appeal to the
Vice President for Student Affairs within five (5) working days of the student's
receipt of the official's decision. The letter of appeal shall specifically
allege and factually support one or more of the following grounds:
1.
The student's rights as set forth in this procedure were violated (i.e.,
there was an error in the procedure or the interpretation of the Student Conduct
Code which substantially affected the student's ability to receive a fair
hearing);
2.
The student has discovered new evidence, not previously available, which
would have materially affected the decision; or
3.
The sanctions imposed are too severe given the nature of the violation.
C.
If a sufficient claim is presented under one or more of the specified
grounds, the Vice President for Student Affairs shall request a copy of the
record of the hearing. Within fourteen (14) calendar days from receipt of the
record, the Vice President for Student Affairs shall review the entire record
and render a written decision. The Vice President for Student Affairs may remand
the case to the hearing board for further findings of fact or clarification. The
decision of the Vice President for Student Affairs shall be based only on the
record and shall be final. A copy of the decision shall be sent to the charged
student, the complainant and included in the record, which shall be returned to
the Dean of Students Office. Grades will be withheld until the appeal has been
decided.
A.
The University President or the Vice President for Student Affairs or
their designee may impose interim residence hall restrictions or University
suspension or other restriction (s) upon a student pending the resolution of
disciplinary proceedings if there is reason to believe that the student's
conduct poses an imminent and substantial threat of injury to or interference
with persons or property.
B.
Interim restrictions may include, but are not limited to, the following:
1.
Residence hall and/or University suspension;
2.
Assignment to alternate housing for students residing in University
housing;
3.
Limitation of access to University housing facilities, other campus
facilities or University property in general;
4.
Restriction of communication with named individuals or groups within the
University community;
5.
The requirement to secure advance authorization to engage in a specified
activity;
6.
and/or Professional evaluation, intervention and/or treatment.
C.
The official imposing the interim restrictions shall notify the student
in writing of the restrictions imposed and shall schedule a meeting with the
student to be held within two working days after the imposition of the interim
restrictions. If the student is unable to attend for good cause, the meeting or
the hearing before the Student Conduct Board will be held as soon as the student
is able to attend.
1.
At the meeting the student shall be informed of the basis of the
allegations that led to the imposition of the Interim Restrictions and shall be
offered the opportunity to explain his position regarding the charges and the
imposition of the Interim Restrictions. If, after hearing the student's
position, the official believes the imposition of the Interim Restrictions was
made in error or is too restrictive, he/she may rescind or modify the
restrictions. Otherwise, the restrictions shall continue until the decision is
rendered in the disciplinary proceedings.
2.
In cases where interim restrictions have been imposed, the hearing shall
be held as soon as possible, but not later than 30 days from the date of the
imposition of interim restrictions.
3.
The time limitations set forth in this section may be expanded upon the
consent of the student.
A.
The Dean of Students Office shall maintain disciplinary records, which
shall include, but not be limited to, the student's name and related identifying
information, applicable Student Conduct Code section (s), parties involved,
description of the incident, sanction (s), expiration dates, agreements or
restrictions, and any other data deemed relevant. Disciplinary records and
related information shall be made available to hearing boards to assist in
recommendation of an appropriate sanction, and to other University personnel who
require such information to fulfill their official duties.
B.
Students may arrange to review their own disciplinary records and related
information by contacting the Dean of Students Office.
C.
Except as provided elsewhere in this Code and/or as required by law, the
University shall not communicate a student's disciplinary record to any person
or agency without the prior written consent of the student or, when the student
is a minor, the student's parents or legal guardian.
Table of Contents
Please direct any questions to the Dean of Students
Office, 120 Strand Union Building, 406-994-2826
or visit our website
at: http://www.montana.edu/wwwds/
MSU-Bozeman
is an equal opportunity / affirmative action
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