|
9.
Code of Student Behavior Sanctions, Terms and Conditions
Go to Code Index Code of Behavior (PDF)
A sanction is a consequence placed upon any student for conflicts with specified university policies. Sanctions help define the student relationship with the university in the context of current and potential future behavior, including a notice that further conflicts may lead to more severe behavioral sanctions. In assigning one or more sanctions for inappropriate student behavior, the hearing officer or board will consider:
a) Facts of the case as presented from all relevant sources, including the accused student,
b) Existence of any physical evidence or written or oral information provided by the accused student and/or witnesses,
c) Type and severity of the offense, and/or
d) Previous incidents of inappropriate behavior committed by the student accused.
If a student is found not responsible for the alleged code violation(s), no action will be taken against the accused student. In cases in which the student is found responsible for violating one or more policies, one of the following terms and conditions may be imposed:
1. Warning,
2. Behavioral probation (with or without supervision),
3. Suspension,
4. Voluntary withdrawal,
5. Expulsion, or
6. Recommendation to the provost to rescind a degree.
With each sanction, other educational or restorative actions or other terms and conditions may be assigned. In addition, notification may be given to other university officials as necessary. Sanctions include, but are not limited to:
1. Restitution,
2. Confiscation,
3. Restricted access to university facilities and grounds,
4. Loss of privileges,
5. Participation in a specific program,
6. Educational projects, and/or
7. Alcohol or other drug testing and/or evaluation.
9.1 Sanctions
9.1.1 Written Warning
A warning is a written notification that subsequent code violations will normally result in more severe sanctions. This action results in no notation on the student's academic transcript.
9.1.2 Behavioral Probation
Behavioral probation is a written notification of a specified period of review and observation during which the student must demonstrate the ability to comply with university policies and any other terms or conditions that have been imposed in writing. The specific terms of the probation will be determined on a case-by-case basis. Behavioral probation may be supervised or unsupervised. Further inappropriate behavior may result in additional sanctions to be assigned, including, but not limited to, suspension or expulsion. This action results in no notation on the student's academic transcript.
Supervised probations generally require meetings with a member of the Division of Student Affairs at regularly established intervals to monitor progress in academic, social, vocational and other areas of the student's life necessary to strive for overall success at NDSU. The supervisor may assign educational tasks and/or projects as deemed necessary and appropriate to assist the student in personal growth.
9.1.3 Suspension
Suspension is a written notification of the termination of status as an enrolled student or registered student organization for a specified period of time not less than one academic semester and not to exceed two academic years. An individual student may not re-enroll during the period of suspension.
a) A student who has been suspended must vacate residence life facilities within the time frame established in the written notice of the suspension.
b) The notice will include the conditions for readmission that must be met prior to application for readmission. Students may obtain a reactivation of student status (after absence) form from Registration and Records, Ceres Hall, also online at http://bisonconnection.ndsu.edu/forms/reactivate/. An interview with the dean of student life also will be required prior to acceptance of the student's application for readmission.
c) While a student is under suspension from NDSU, no academic credit earned during the suspension period will be accepted for transfer from any other higher education institution. The student's transcript will carry a notation "may not register for nonacademic reasons" without further explanation. If the student is subsequently readmitted, the original notation will remain on the transcript and a new notation will be added, "eligible for registration effective ...Ó
d) The student's eligibility for any refund of tuition/fees will be subject to the university's normal withdrawal policy.
e) There may be other restrictions placed on the suspended student including, but not limited to, restricted access to the entire campus, specified campus facilities, or portions of specified campus facilities. The student also may be required to obtain prior written permission from the dean of student life before being on any portion of the NDSU campus during the period of suspension. Usually a student with restricted access to the campus will be allowed on campus to conduct business related to the university, but only through prior written approval by the dean of student life.
f) Suspension is a matter of permanent record. A permanent record indicates that student behavior files may be obtained indefinitely at the discretion of the dean of student life, but not less than seven (7) years.
9.1.4 Voluntary Withdrawal
In some circumstances, based on mutual agreement, the student may be allowed to withdraw on a voluntary basis. Conditions may be imposed concerning the period of time after which the student may petition for re-enrollment and/or for other conditions to be met prior to application for re-enrollment. A meeting will be required with the dean of student life prior to approval of the student's petition for readmission. This action results in no notation on the student's academic transcript.
9.1.5 Expulsion
Expulsion is a written notification that the student is permanently ineligible to return to the university. The student must leave university residences and cease all use of university owned or controlled buildings, properties and services within the time frame established in the written notice of the expulsion. Requests for readmission will not be approved. The expulsion will be recorded on the student's transcript as "may not register for nonacademic reasons" and is a matter of permanent record.
9.1.6 Rescind Degree
If a student has been awarded a degree and it is subsequently discovered that the student committed a serious breach of this code while attending the university, the university may, upon separate proceedings, elect to rescind the degree.
9.2 Terms and Conditions of Sanctions
9.2.1 Restitution
A student may be required to repair, pay the cost for repair, or pay for cost of replacement of any property damaged by the student. In each case, the goal will be to return the damaged property to its existing condition at the time of damage. The determination of the method used to calculate restitution shall be the responsibility of the hearing officer or board, taking into consideration the fair market value or cost to repair the damaged item(s). When available and appropriate, secondary markets may be utilized. The decision maker shall consider information and/or evidence provided by both parties to achieve a fair and just result. In the case of personal injury, the responsible party may be required to cover cost of medical care for others harmed as a result of the student's actions.
Failure to make timely arrangements for restitution may result in cancellation of the student's registration, prevention of the student's re-registration, or more severe sanctions including, but not limited to, suspension or expulsion.
When the responsible party is a student organization, additional sanctions or terms and conditions also may be assigned for failure to make timely arrangements for restitution.
9.2.2 Confiscation
In addition to items already seized as evidence, goods used or possessed in conflict with university policies and/or local, state or federal laws including, but not limited to, falsified information or identification, may be confiscated and not be returned to the student.
9.2.3 Loss of Privileges
A student may be denied various privileges customarily associated with being a student at NDSU. Such privileges include, but are not limited to, one or more of the following:
a) Participating in or attending events sponsored by the university or by students,
b) Holding office in any Congress of Student Organizations (CSO) recognized student organizations,
c) Receiving guests in residence life facilities during regular visitation periods,
d) Visiting residence life facilities or dining centers,
e) Receiving financial aid,
f) Being employed by the university,
g) Representing the university,
h) Sponsoring or hosting organization or campus-wide functions,
i) Using network services, and
j) Maintaining recognized status with the CSO.
9.2.4 Participation in a Specific Program
A student may be required to participate in a specific program, such as counseling, public service, an alcohol and/or other drug education program, an educational class, or other program as assigned.
9.2.5 Educational Projects
A student may be assigned an educational project including, but not limited to, writing a reflection or research paper, preparing a bulletin board, or sponsoring a program.
9.2.6 Alcohol/Drug Testing and/or Screening
The university reserves the right to require alcohol/drug testing and/or screening as a condition of enrollment or continued enrollment when:
a) A student's behavior has been injurious to self or others while under the influence of alcohol/drugs, or
b) When the student has had three or more separate violations involving alcohol/drugs.
All such testing and/or evaluation shall be at the student's expense. The student will be expected to sign appropriate releases to demonstrate to the university that the student is complying with any recommendations resulting from such testing and/or evaluation.
9.3 Special Circumstances and Conditions
9.3.1 Temporary Emergency Suspension
A student may be temporarily suspended, pending a hearing, when the student's actions or threats of action indicate a serious threat to the welfare and/or safety of persons or property. No hearing will be required before temporary suspension is imposed; however, one will be convened within five business days following suspension. If the suspension is upheld, the suspension remains subject to the rules outlined in suspension (see Section 9.1.3) and remains a matter of permanent record.
Conditions under which emergency suspension may be imposed
a) To ensure the health, safety, or well-being of members of the university community,
b) To preserve university property,
c) To ensure the suspended student's own physical and emotional safety and well-being, or
d) To ensure against the disruption of, or interference with, the normal operations of the university.
9.3.2 Returning and/or New Students
If an act that violates this code is committed by a student during a period of nonenrollment, a registration hold may be placed to prevent the student's registration until a hearing may be held on that matter. The student may be notified about these holds at the time the university is first notified about the incident or notice may be provided when the student subsequently requests enrollment.
In addition, an administrative hearing officer, in consultation with the dean of student life, may place a registration hold to deny a student the right to register. Reasons may include, but are not limited to, the student's arrest or when criminal charges are pending against the student, serious concerns arise about the health or safety of the students or others in the university community, and/or as otherwise provided by NDSU Policy 607-Admission & Re-enrollment Safety Risks, www.ndsu.edu/policy/607.htm.
9.3.3 Registration/Graduation Hold
a) If a student (new, current or returning) fails to respond to a request to meet to discuss an alleged violation of this code or if the student fails to comply with sanctions or terms and conditions assigned as a result of being found responsible for a violation of this code, a hold may be placed on the student's ability to register or the student's current registration may be canceled. If canceled, the student's eligibility for any refund of tuition/fees will be subject to the university's withdrawal policy.
b) Students may not be permitted to graduate or officially withdraw from NDSU while disciplinary action is pending. If the student withdraws before NDSU becomes aware of the potential violation of this code, the student's academic records may be placed on hold and the allegations must be resolved prior to the student's readmission.
9.3.4 Involuntary Withdrawal for Psychiatric Reasons
A student may be subject to involuntary withdrawal, if it is determined by clear and convincing evidence, that the student:
a) Suffers from a mental disorder as defined by the current American Psychiatric Association Diagnostic Manual or its equivalent, and as a result of such a disorder engages, or
b) Threatens to engage in behavior that:
1. Poses a significant danger of causing imminent harm to the student or others, or
2. Directly and substantially impedes the lawful activities of other members of the campus community.
These standards do not preclude North Dakota laws. Consideration will be given first to use of normal disciplinary processes of counseling, voluntary withdrawal, use of state commitment laws, or use of other alternatives whenever appropriate.
Disciplinary Violations
A student accused of violating this code may not be subject to the disciplinary process if the student, as a result of a mental disorder:
a) Lacks the capacity to respond to pending disciplinary charges, or
b) Did not know the nature or wrongfulness of the conduct at the time of the offense.
Students subject to disciplinary charges who wish to introduce relevant evidence of any mental disorder must so inform the dean of student life in writing at least two business days prior to any disciplinary hearing. The dean of student life may elect to appoint a designee to act in administering this policy. If the dean of student life determines that the evidence may have merit, the case will then be resolved in accordance with these standards and procedures. If it is determined the student does not meet the criteria mentioned above, the case will be returned to the disciplinary process.
Evaluation Referral
The dean of student life may refer a student for an evaluation by an independent, licensed psychiatrist or psychologist chosen by the institution if the dean of student life reasonably believes the student may meet the criteria in Section 9.3.4, or if a student subject to disciplinary charges wants to introduce relevant evidence of any mental disorder. A student referred for evaluation will be informed in writing and the evaluation must be scheduled no later than five days from the date of the referral letter. The evaluation will be at the student's expense. If a student fails to complete an independent evaluation, he or she may be subject to the disciplinary process or an immediate interim withdrawal.
Interim Withdrawal
As stated above, an interim withdrawal may be implemented if a student fails to complete an evaluation with a licensed psychologist or psychiatrist. Also, an interim withdrawal may be undertaken immediately if the dean of student life determines a student may be suffering from a mental disorder, and the student's behavior poses an imminent danger.
A student subject to interim withdrawal shall be given written notice and may be assisted throughout this process by an individual of his or her choice. The student, whether or not an evaluation has been completed, shall be given the opportunity to appear personally before the dean of student life within 72 hours of the effective date of the interim withdrawal to review:
a) Reliability of the information concerning the student's behavior, and
b) Whether the student's behavior poses an imminent danger. During an interim withdrawal, the dean of student life may place restrictions including, but not limited to, class attendance and use of campus services and facilities.
Involuntary Withdrawal
A student under consideration for involuntary withdrawal will be accorded an informal hearing with the dean of student life. The informal hearing will be held within seven business days after an evaluation by a licensed psychologist or psychiatrist has been completed. Prior to the informal hearing, the dean of student life and the student will have an opportunity to review independently the psychological or psychiatric evaluation.
a) Informal hearing proceedings are conducted by the dean of student life. The student may be assisted in the informal hearing by an individual of his or her choice. The student will remain withdrawn on an interim basis pending completion of the informal hearing.
b) A written decision shall be rendered by the dean of student life containing a statement of reasons for any determination leading to involuntary withdrawal. The student also should be advised as to when a petition for reinstatement would be considered, along with any conditions for reinstatement. The student may appeal the decision to the president.
|
