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Duluth Proceedings - Student Conduct Code

Students are responsible for complying with the Board of Regents' Student Conduct Code.

Student Definition

A student is defined as someone who is admitted to and/or enrolled at UMD, degree-seeking or non-degree-seeking, both full-time and part-time. 

Jurisdiction

Alleged violations of the Student Conduct Code may occur:

• On campus;

• On property owned and/or controlled by UMD;

• On property or in housing units assigned by UMD;

• During activities that are sponsored or approved by UMD: or

• Off-campus consistent with the Board of Regents Student Conduct Code.

Sanctions

Possible sanctions are listed in the Student Conduct Code, and range from a warning through expulsion from the University.  Other educational components may be incorporated.

Due Process Rights

Any student or student organization charged with violating a code or policy must have the opportunity to receive a notice of the charges against them and a fundamentally fair hearing, with access to an appeal.  This reflects the University’s concern for both substantive and procedural fairness, within a reasonable period of time.

Procedures

The student conduct process is comprised of the following three levels:

Level One – Office of Student Conduct (OSC)

OSC receives incident reports from students, faculty, and staff, known as complainants, against students or student organizations, known as respondents. Incident reports include alleged violations of the conduct code and University policy, as well as names of witnesses. In the event OSC issues a complaint, the coordinator of OSC is the complainant for the University of Minnesota Duluth.

The respondent will receive an administrative meeting notification to meet with a student conduct officer. Failure to appear for your scheduled appointment will result in a decision being rendered in your absence. In the meeting, the incident report and the rights and responsibilities of the respondent are reviewed, and questions regarding the conduct process answered. Upon conclusion, the respondent will choose one of the following courses of action:

• Admit the alleged violation and request the student conduct officer take whatever actions seem appropriate;
• Admit the alleged violation and request a hearing panel determine outcome;
• Deny the alleged violation and request a hearing panel determine responsibility and subsequent outcome.

Level Two – Student Hearing Panel (SHP)

The Student Hearing Panel (SHP) is the formal hearing body at UMD.  SHP assists in implementing the Board of Regents Policy Student Conduct Code and University Policy.  SHP is comprised of students, staff, and faculty.  Members are appointed by OSC.  This is done through referrals and selection with appointments made for a semester or longer, as well as ad-hoc.  The hearing panel is chosen for each hearing based on its availability in scheduling.  The chairperson may be a student, staff, or faculty.  The coordinator for the Office of Student Conduct, or designee, serves as advisor to SHP in order to provide procedural clarity and direction, but is not a voting member in the deliberations. 

If a student requests a hearing, the case will be referred to SHP.  The accused student has the right to:

• Hear all information against him/her;
• Present his/her own response, including calling witnesses;
• Be accompanied by an advisor in a non-participatory role;
• Question participants and information presented;
• Receive written notice of the hearing committee’s decision;
• Appeal if responsibility is determined and if there are grounds for an appeal. 

A notice of hearing will be provided to the complainant and respondent at least 5 class days in advance of the hearing.  The hearing is closed.  Parties may have one support person present but the support person cannot actively participate in the hearing process.    

In order to acquire the best information upon which to base decisions, it is important that both the respondent and the complainant be present for, and fully participate in the hearing.  The respondent may choose not to appear at the hearing, but the hearing will be held in the respondent’s absence.  In contrast, should the complainant fail to appear at the hearing, the hearing body may postpone or dismiss the case.

The respondent is expected to provide the hearing panel with the following at least 24 hours prior to the hearing:  the names of witnesses, if any, and the respondent’s intentions relative to appearing at the hearing.

If the respondent admits to violations, the panel determines appropriate sanctions.  If the respondent does not admit to violations, the panel determines a finding of not responsible or responsible with appropriate sanctions.  The Student Hearing Panel has autonomy in their decisions, through suspension.  Expulsions must be made in the form of recommendations to the Vice Chancellor for Student Life.

The respondent and complainant have the right to appeal to the Student Appeals Panel (Level Three below).

Level Three – Student Appeals Panel (SAP)

The Student Appeals Panel as defined by the UMD Campus Assembly Committee on Student Affairs has been designated by the Chancellor to review appeals and be the only appeal review on this campus.  SAP is responsible to make a deliberative judgment regarding the specific grounds appealed – not to rehear the complaint.  The hearing panel may uphold, reduce, or increase the sanctions imposed by the prior hearing party.  SAP has autonomy on their findings through suspension.  Expulsions must be made in the form of recommendations to the Chancellor.

Appeals must be filed in writing within 5 class days of the decision notification.  Forms are available online or in the Office of Student Conduct.  An appeal must address the grounds upon which it was made.

Grounds for an Appeal:

• New information became available that was not known at the time of the hearing;

• The sanctions assigned were not consistent with current sanctioning, or;

• Applicable procedures for the hearing were not followed.