General Behavior Code

2.1 General Student Responsibilities

Every NDSU student has the responsibility to observe and help maintain a code of personal behavior and social relationships that will positively contribute to the educational effectiveness of the university and one's own personal growth. To this end, students are expected to observe the university standards published in this code and those outlined in any other university policies, procedures, contracts or license contracts published elsewhere. In addition, students are expected to observe the laws of the community, the state, the nation and relevant jurisdictions when touring and/or studying abroad, at all times, on and off campus.

2.2 Persons Covered Under This Code

For the purpose of this document, student refers to all individuals who have been admitted to the university, previously enrolled students for any act committed while they were enrolled students or between all periods of enrollment, students and others similarly associated with the university, and all campus visitors. Student organizations are held to the same behavioral standards that apply to individual students.

2.3 On Campus Living Requirement

All first-year students are required to live on campus. For more information, contact the Department of Residence Life.

2.4 Official University Communication

To facilitate correspondence between the student and the university, NDSU will first use the student's NDSU e-mail address on record. NDSU e-mail accounts are the official form of communication (see NDSU Policy 609). Students are expected to activate and frequently monitor their accounts. If unavailable, NDSU will use the student's most recent U.S. mailing address maintained by the student via Campus Connection.

2.5 Personal Inappropriate Behavior Not on University Property

General Information. The university may discipline a student for acts of personal inappropriate behavior committed outside of university property if the acts: a) Occur during the course of or in conjunction with university activities that are being conducted off the university campus; b) Relate to the safety and security of the university community and its members, integrity of the educational process, or interests of the university; or c) Relate to previous conflicts between the student and university behavioral standards.

For example, the university routinely processes all police reports provided to the university when the subject of such reports involves illegal or abusive use of alcohol and/or other drugs, loud/noisy party disturbances, violence or other serious crimes. When law enforcement agencies report such activities to NDSU that involve students, the university may pursue charges under this code against all NDSU students identified on such reports.

Other off campus behaviors addressed may include, but are not limited to, the following: altering academic transcripts; assault; arson; battery; drug trafficking; forgery; fraud; harassment as defined in this code; hazing; rape; sexual assault; trafficking in term papers; unauthorized use of a computer off campus to obtain access to information on campus; possession or consumption of an alcoholic beverage by any student who has not reached 21 years of age; furnishing false identification or otherwise making a false representation about one's age for the purpose of buying, receiving, or otherwise obtaining alcoholic beverages; and selling, giving away, or otherwise distributing an alcoholic beverage to any student who has not reached 21 years of age.

Tri-College Policies

NDSU students who are charged with a violation of institutional policy at Concordia College or Minnesota State University Moorhead will be referred to NDSU and may be subject to action under this code.

2.6 NDSU Student Employees

When students commit acts that potentially violate this code while in their capacities as student employees of NDSU, the university reserves the right to review those potential conflicts when provided sufficient information to proceed with action under this code. When viewed as appropriate, NDSU may pursue resolution of those conflicts under this code in addition to any other personnel actions that may be taken against the students as employees.

2.7 Inappropriate Behavior by Student Athletes

Because of their special relationship with the university, student athletes are responsible for observing the content of this code as well as the Student Athlete Code of Conduct and their specific team rules. For this reason, student athletes may face hearings under both codes with different findings and/or sanctions imposed. If criminal charges are pending, the student athlete may answer separately to three different jurisdictions for the same set of circumstances. The university may proceed before, during or after the proceedings of the other two jurisdictions. Because the university's and the Athletic Department's procedures are educational and not criminal in nature, such separate procedures do not constitute double/triple jeopardy.

2.8 Inappropriate Behavior by Other Student Leaders

Because of their special relationship with the university and roles within student organizations, student leaders are held to a higher level of personal accountability than other students. Each organization is responsible for reporting to the Student Activities Office those office holders who are considered organizational executives. These leaders may be held accountable under the code both in their leadership capacity and their individual capacity as NDSU students.

If legal charges are pending, student leaders also may answer to civil and/or criminal courts for the same set of circumstances. Because the university's procedures are educational (administrative) and not criminal in nature, such separate proceedings do not constitute double/triple jeopardy. The university may proceed before, during, or after legal proceedings, and does not typically wait for a court finding.

2.9 Violations of Law

When students commit acts that are also violations of community, state or federal laws, on or off campus, those students will be subject to the same civil and/or criminal penalties as any other citizen in addition to campus resolution. Campus resolution of such acts may proceed before, during or after the civil or criminal proceedings have concluded. Since the campus actions are educational, taking the university's educational interests into account, and not criminal proceedings, such simultaneous actions do not constitute double jeopardy and differing judgments may result.

2.10 Attempts

Individuals who attempt to commit acts prohibited by the standards of this Code of Student Behavior may be charged, found responsible and sanctioned to the same extent as if they had committed the prohibited acts.

2.11 Bias-Motivated Violations

Any code violation from this section, or any other section of the code, that is determined to have been motivated by hate based on age, race, color, disability, religion, gender, national origin, or sexual orientation may result in enhanced sanctions above those typically assigned for the same violations when not motivated by hate.

2.12 Repeated Code Violations

Repeated violations of this code are relevant in determining a student's continued membership in the university community. Progressively more severe sanctions, including suspension or expulsion from the university, may be assigned, depending on the nature of the violation(s).

2.13 Designees

Administrators identified in this document may designate one or more individuals to act on their behalf.

2.14 Final Code Authority

Behaviors described in this code are illustrative rather than exhaustive and are offered for educational purposes. In the event there arises some ambiguity, inconsistency or need for clarification of these statements, such definition, interpretation or clarification will be determined at the sole discretion of the vice president for student affairs or the dean of student life and that determination will be final. A student, staff or faculty member may request written clarification from the vice president for student affairs or the dean of student life.