Judicial Structure and Procedures

Student Conduct

Overview

The South Dakota Board of Regents has the authority and obligation to adopt regulations for universities providing educational opportunities to its students, transmitting and advancing knowledge, and providing a wide range of services to students and the general public.

NSU has the authority and obligation to devise procedures and regulations to control behavior which would inhibit its mission of providing learning experiences, transmitting and advancing knowledge, and providing services to the greater community.

Northern State University has:

a primary concern with conduct that interferes with academic achievement and integrity.
a concern with conduct which breaks the peace, causes disorder, and interferes with the rights of others.
a concern with conduct which threatens the physical or mental health and safety of members of the campus community.
an obligation to protect its property and the property of its community from theft, damage, destruction or misuse.
a commitment to meet its contractual agreements.
an obligation to support and be guided by the laws of the land.

Students are expected to maintain a high standard of conduct both on and off campus. They are expected to obey the law, show respect for properly constituted authority, and to observe standards of conduct appropriate for a community of scholars. Students are responsible for their actions whether acting individually or in a group.

The university disciplinary system has two tiers:

Informal — Written Warning, Letter of Censure
Formal – Administrative hearing or hearing before the Campus Judicial Board

Initiation Of Disciplinary Proceedings

In cases of alleged non-academic misconduct, the Vice President for Student Affairs, under the direction of the President, has primary authority and responsibility for the administration of student discipline. Further delegation of this authority may be made by the Vice President for Student Affairs to a designee, to residence hall staff, or disciplinary bodies within the campus community.

In cases of alleged academic misconduct, the Vice President for Academic Affairs, under the direction of the President, has primary authority and responsibility for the administration of student discipline. Further delegation of this authority may be made by the Vice President for Academic Affairs to a designee and/or to disciplinary bodies within the campus community.

Filing Complaints

A. Any academic or administrative official, faculty, staff member, or student may file a written complaint with the appropriate administrative official against any student for misconduct. In cases in which a faculty member raises charges of academic misconduct, the written complaint should contain specific details of the alleged violation and include recommendation in regard to disciplinary sanctions.

B. While action on a complaint is pending, the status of the student shall not be altered except for reasons as outlined under Interim Suspension.

Preliminary Investigation

When the appropriate administrative official receives information that a student has allegedly violated campus regulations or local, state, or federal law, the appropriate administrative official shall investigate the alleged violation. After completing a preliminary investigation, the appropriate administrative official may:

A. Find no basis for the complaint and dismiss the allegation as unfounded; or

B. Summon the student for a conference and then either dismiss the allegation if the charge is unfounded; or

C. If evidence warrants further action:

1. In cases of alleged non-academic misconduct, the Vice President for Student Affairs or designee will determine at which level it should be handled. Should the severity of the allegation, as determined by the Vice President or designee, warrant formal action; the student will be contacted and a hearing scheduled.

2. In cases of alleged academic dishonesty, the Vice President for Academic Affairs will hear the case or convene the Campus Judicial Board.

Initial Meeting With Accused Student

If evidence warrants further action at the informal level, the appropriate sanction will be issued. For violations at the formal level, a meeting will be arranged between the student and the Director of Student Development and Residence Life to review the student’s options. These options are:

1. To have an administrative hearing, or

2. To have a hearing before the Campus Judicial Board, or

3. Accept responsibility and waive a hearing

A student involved in a formal disciplinary action has the choice of one of the following three options:

• Guilty – Student accepts responsibility for the violation of university regulation(s), or

• Guilty with Mitigating circumstances – Student accepts responsibility for the violation of university regulations(s) but believes there are some conditions that lessen or alleviate the seriousness of the violation, or

• Not guilty – Student denies any responsibility for a violation of university regulations.

If the student chooses a hearing, the Director of Student Development and Residence Life will review the student’s rights in a disciplinary hearing with the student and set a date, time, and place for the hearing. If the hearing board is not in session, an administrative hearing will be held.

When a hearing is requested, the appropriate administrative official shall notify the student in writing at least 5 days prior to the scheduled hearing, unless waived, regarding the following:

• The date, time, and place of the hearing,

• A statement of the specific charges,

• A copy of the student’s rights in a disciplinary hearing, and

• Names of witnesses that NSU may have appear before the board at the hearing. Rebuttal witnesses may testify, although not identified before the hearing.

Conduct Hearing Options

A. The hearing officer in an administrative hearing will be the Director of Student Development and Residence Life. A student also has the option to waive a hearing, plead guilty, and have an administrative official determine a sanction.

B. The Campus Judicial Board will consist of two student members, two faculty members and one administrative staff member, plus one alternate for each category. The president of the Student Association or designee will appoint the student members of the board. The board is advised by the Director of Student Development and Residence Life.

Hearing Procedures

All hearings will be closed to all but participants however, the accused and the complainant may both, at his/her option, have an advisor.

1. The accused will be asked if he/she believes that anyone on the board is biased or prejudiced against him/her. If a charge of biased is raised the accused will be given an opportunity to support his/her claim of bias or prejudice then, the board in closed session will make a determination. If it is deemed that the person is biased or prejudiced he/she will be excused from the hearing.

2. The chair of the hearing board or the administrative hearing officer will read the charge(s).

3. The accused will enter a plea of guilty, guilty with mitigating circumstances, or not guilty. If the accused pleads guilty or guilty with mitigating circumstances he/she will be given an opportunity to address the board or hearing officer to provide information he/she wants to have considered by the board or officer in developing the sanction.

4. If the plea is not guilty a formal hearing will follow. The complainant will detail the incident to the board or hearing officer.

5. The accused will be given the opportunity to ask any questions concerning the information given by the complainant. The board or hearing officer will be able to ask any question they might have.

6. The accused will have an opportunity to relate the incident from his/her perspective. The complainant, board or hearing officer will have an opportunity to ask any questions that they might have.

7. Witnesses will be invited in to the hearing one at a time and have an opportunity to give any information that they have that is pertinent to the charges. All parties involved in the hearing will have an opportunity to ask any question related to the witness’s information. When dismissed from the hearing witnesses will be asked to remain in the area in case any additional questions come up.

8. After all the witnesses who have pertinent information have been heard the complainant will have an opportunity to make a closing statement, then the accused will have an opportunity to make a final statement.

9. The accused and the complainant will be dismissed to allow the Board to deliberate on the guilt or innocence of the accused.

10. If the accused is found guilty, his/her past record will be disclosed so an appropriate sanction can be determined. A student’s past record can not be used to establish guilt or innocence.

11. The accused will be called back into the hearing and informed of the board’s decision of guilt or innocence and if guilty will be informed of the sanction that is being recommended.

12. The board shall prepare written findings to support its determination. These shall include:

a) Concise statements of each factual finding.

b) Brief explanations of whether the factual findings justify a conclusion that the conduct has violated the code. These must address each factual element that must be satisfied to establish that conduct has violated the code.

c) Recommendation concerning the appropriate sanction.

These must explain why the sanctions recommended are appropriate in view of the seriousness of the conduct and in consideration of the need to assure that the violation shall not recur.

Ethical Standards for Campus Judicial Board Members

1. A board member who feels that he/she might be biased or prejudiced in a hearing must disqualify himself or herself.

2. A board member must be present for the entire hearing in order to make a decision in the case.

3. The nature or status of any student’s disciplinary situation is not to be discussed with anyone outside of the judicial board meeting.

4. The disciplinary record of any student is not to be shown or discussed outside of the judicial board meeting.

5. Decisions of the board are taken as a whole. All board members must uphold all decisions, even if you were the lone dissenting member when the decision was made.

6. The board should attempt to gain necessary information without showing prejudice or hostility.

7. To insure their credibility, board members must be familiar with, and neutral toward residence hall and university policies and procedures.

8. Judicial board members are responsible for complying with the residence hall and university policies, which they adjudicate and therefore may be dismissed if they violate any policies or regulations.

Appeals

A. The student has the right to appeal at any level of the process. An appeal at the informal level must be submitted in writing to the Director of Student Development and Residence Life. Appeals at the formal level must be submitted in writing to the Vice President for Student Affairs.

B. The student must submit the appeal in writing to the appropriate administrative official’s (see A above) office (or, if absent, the institutional officer in charge) within five (5) week days after the student has been issued a written statement of the hearing results by the appropriate administrative official.

Lack of Cooperation

In order for the university disciplinary system to work effectively, students, faculty, and staff must cooperate and fulfill their responsibilities.

A student who fails to appear before a member of the Student Affairs staff or other judicial agency in a situation involving the investigation and/or processing of an alleged violation of university regulations after clear and repeated notice may have all enrollment administratively terminated by the Vice President for Student Affairs.

Failure of a student having pertinent testimony regarding a disciplinary matter to provide such information (except as it may be self-incriminating) may likewise result in termination of enrollment.

Student’s Rights

All students accused of violating NSU policies and regulations will be afforded the following rights in a disciplinary hearing:

A. A written copy of all charges.

B. The right to an expeditious, fair and impartial hearing.

C. The right to know the nature of evidence presented and to hear testimony of witnesses, and to question those witnesses.

D. The right to present evidence and/or witnesses.

E. The right to remain silent and have no inference of guilt drawn from such silence.

F. The right to have an advisor present. The advisor is not intended to be a legal representative, but to be of direct assistance to the student before and during the hearing. The advisor’s role in the hearing is to personally advise the student, but not to speak for the student. If the advisor fails to comply with the guidelines, he/she will be asked to leave the hearing. The advisor may be invited to participate in the discussion at the discretion of the hearing officer.

Faculty Options for Academic Dishonesty

Students who violate the rules concerning academic dishonesty (Section II, subsections B.1.a, b, and c of the Student Disciplinary Code) should be aware that members of the faculty may initiate one of the following options:

A. Give the student a failing grade for the test or project involved in the violation.

B. Give the student a failing grade in the course. (An instructor’s grade of ‘F’ for academic dis- honesty will override a ‘W’ that has been given for a student’s withdrawal from the class.)

C. Do neither A nor B, but file a written complaint with the Vice President for Academic Affairs for the initiation of disciplinary proceedings as described in the section of this handbook entitled Judicial Structure and Procedures.

D. Do either A or B, and file a written complaint as set out in item C above.

In the interests of the campus community, the faculty member who initiates option A or B is encouraged to report this disciplinary action to the Vice President for Academic Affairs and to inform the student of this report. If the student is not informed of the report by the faculty member, the Vice President’s office will notify the student in writing that such a report has been filed. Such reports will be held in the Vice President’s office under strict confidentiality, and will be destroyed when the student graduates or leaves Northern, or after five years, whichever occurs first. The student involved will have access to the file. If the Vice President’s office receives more than one such report concerning a student, the Vice President or designee will initiate disciplinary proceedings.

Student Handbook: