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Conduct Language Guide
Complaintant: the individual(s) or organization which brought forward the alleged charge. The University may also act as the complainant.
The student conduct process is comprised of the following three levels:
At this meeting, the respondent will review the allegations and his/her rights in the process. Ultimately, the respondent may choose from the following options:
The Student Hearing Panel (SHP) is the formal hearing body at UMD. SHP assists in implementing the Board of Regents Student Conduct Code and University Policy. SHP is comprised of trained 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 Director 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:
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 & Dean of Students.
For more information, visit the Student Hearing Panel page.
After a decision is made by the hearing officer or Student Hearing Panel, the respondent has the right to file an appeal. (Procedural appeals may be filed by the complainant.) In cases of sexual assault and sexual harassment, both the complainant and respondent have the right to an appeal.
University of Minnesota Policy Statement
As a University and as a community we strive to assure the safety and to respect the dignity of each student, staff, and faculty member. Sexual assault, relationship violence, and stalking are prohibited at the University of Minnesota. Sexual assault and relationship violence, including threats of sexual assault and related relationship violence, are attacks not only on a person’s body, but also on the person’s dignity, and are not tolerated. To foster a community free from sexual assault and relationship violence, the University provides reporting options for responding, including the police department; victim/survivor assistance; internal mechanisms for discipline and dispute resolution; prevention training; and other related services.
Sexual assault is a violation of the University of Minnesota Student Conduct Code, Section VI., Subdivision 8 (Sexual Assault). An allegation of sexual assault is a serious violation. Should the complainant choose to file a report (whether or not he/she presses criminal charges), an investigation will be conducted by the UMD Title IX Investigator, University police, or local law enforcement. The University can pursue disciplinary action, even if criminal justice authorities choose not to prosecute.
The Office of Student Conduct is responsible for investigating charges against students. The staff will send the respondent a charge letter requesting to schedule a meeting within one week. The respondent will be treated fairly and given an opportunity to state his/her side of the story. If found to be responsible, sanctions can be as serious as a suspension or a permanent expulsion from the University of Minnesota. The Office of Student Conduct assures that all parties be granted and receive full due-process rights. For more information, contact the Office of Student Conduct at (218) 726-7255.
Outcome of charges
In cases that involve policy violation(s) in which the outcome is subject to disclosure under The Clery Act (1990, as amended) or the Family Educational Rights and Privacy Act of 1974, as amended, the Office of Student Conduct shall notify the Respondent or Complainant (in cases of Sexual Misconduct) of the outcome of the proceedings.
Sexual Assault & Sexual Harassment Appeals
In sexual assault and sexual harassment cases both the respondent and the complainant have the right to appeal.
Students accused of violating the Student Conduct Code have the right to:
This reflects the University's dedication to both substantive and procedural due process.
A sanction is the outcome of a determination of responsibility. In most cases, two sanctions are issued. First, a status-based sanction is decided upon. This could include a warning, probation, suspension, expulsion, or others. Then, an educational sanction is imposed. Educational sanctions are unique to each case and attempt to best suit each individual's needs. Read more...