2016-17 Undergraduate and Graduate Catalogs

Student Conduct Policy

*Information on this section taken from the current Student Handbook. The complete handbook is available online at www.minotstateu.edu/student_handbook.pdf.

I. Scope of Regulations

General Note:

When a student fails to maintain a reasonable standard of conduct whether on or off campus, he or she becomes subject to disciplinary action. All penalties provided for misconduct on the campus may be applied for similar misconduct off the campus.

  1. Introduction:
    As is the case with any other community, Minot State University has regulations reflecting the values to which the university is committed and which are designed to help ensure order in the university community. Students enrolled at Minot State University will be expected to conform to the ordinary rules of polite society; to be truthful; to respect the rights of others; to maintain integrity in scholastic work; and to have regard for the preservation of state property as well as the private property of others. A student is expected to be responsible for his/her actions whether acting individually or in a group. This judicial system has been established to deal with students who are accused of violating university policies and is comprised of students, faculty, and staff. The members of this system are committed to conducting fair hearings and following due process as well as being concerned with both the education of individual students and upholding the values to which Minot State University is committed.
    In all disciplinary proceedings it shall be recognized that Minot State University is an educational institution and not a court of law. The concept of fair treatment shall be the norm for all settings and the guiding disciplinary philosophy shall be educational in nature. Every attempt will be made to resolve disciplinary incidents in an informal setting with the following goals in mind:
    1. To assist the student/student organization in understanding why his/her/their behavior was inappropriate.
    2. To assist the student/student organization in confronting the value questions involved in the behavior.
    3. To encourage the student/student organization to understand the importance of considering in advance the consequences of his/her/their behavior so he/she/they might make better decisions in the future.
  2. When the University Rules and Regulations Govern:
    Students who are enrolled in the university are subject to the rules and regulations of the institution. In addition, persons who are not enrolled but are occupying university housing are subject to the rules and regulations of the institution.
    Students are expected to conduct themselves in accordance with the laws of the federal government and the state of North Dakota, Board of Higher Education policies, Minot city ordinances, and university regulations. Students may be disciplined by the university for violating these standards of conduct even though the students may be punished by federal, state or city authorities for the same act. However, institutional disciplinary action shall not be used merely to duplicate penalties by civil authorities.

II.  Standards of Conduct

  1. Financial Transactions with the university:
    The Business Office is responsible for matters relating to student financial transactions. Students who owe debts to the university may be denied enrollment or readmission and may have official transcripts withheld until the debt is paid.
  2. Other Offenses:
    Notwithstanding actions taken by civil authorities, the Vice President for Student Affairs or his/her designate may initiate disciplinary proceedings as outlined in Section IV against a student who:
    1. Violates either singly or in concert with others the laws of the state of North Dakota or the United States, whether or not the violation occurs on university property or in connection with any university-oriented activity.
    2. Possesses or uses firearms or fireworks on university property without written permission from the Physical Plant Director.
    3. Conducts himself/herself in a manner that significantly interferes with the operation of the university.
    4. Conducts himself/herself in a manner that significantly endangers the mental or physical health or safety of members of the university or visitors on the campus.
    5. Damages, defaces or destroys university property.
    6. Engages in hazing. Hazing by university groups is prohibited on or off campus. Hazing is defined by North Dakota Century Code 12.1-17-10. A person is guilty of an offense when, in the course of another person’s initiation into or affiliation with any organization, the person willfully engages in conduct that creates a substantial risk of physical injury to that person or a third person. As used in this section, “conduct” means any treatment or forced physical activity that is likely to adversely affect the physical health or safety of that other person or a third person, or which subjects that other person or a third person to extreme mental stress, and may include extended deprivation of sleep or rest or extended isolation, whipping, beating, branding, forced calisthenics, overexposure to the weather, and forced consumption of any food, liquor, beverage, drug, or other substance. The offense is a class A misdemeanor if the actor’s conduct causes physical injury, otherwise the offense is a class B misdemeanor.
    7. Possesses or uses intoxicating beverages in a university classroom building, laboratory, auditorium, library building, faculty or administrative office, residence hall, or any other public campus area. Students are expected to abide by local ordinances and state laws regarding the consumption or possession of alcoholic beverages.
    8. Misuses, alters or forges a student identification card.
    9. Falsifies, defaces, alters or mutilates any university document —ID card, receipt, transcript, etc.—or withholds or falsifies information on an admissions or financial aid application.
    10. Possesses unauthorized keys to university buildings. The duplication of a key issued to a student is prohibited.
    11. Illegally uses, possesses and/or sells a drug or narcotic. Students are expected to abide by local ordinances, State Board of Higher Education policy and state and federal laws regarding the consumption or possession of drugs.
    12. Engages in disruptive activity such as disorderly conduct which is defined by North Dakota Century Code 12.1-31-01.
      1. 1. An individual is guilty of a class B misdemeanor if, with intent to harass, annoy or alarm another person or in reckless disregard of the fact that another person is harassed, annoyed or alarmed by the individual’s behavior, the individual:
        1. a. Engages in fighting, or in violent, tumultuous, or threatening behavior;
        2. b. Makes unreasonable noise;
        3. c. In a public place, uses abusive or obscene language, or makes an obscene gesture.
        4. d. Obstructs vehicular or pedestrian traffic, or the use of a public facility;
        5. e. Persistently follows a person in or about a public place or places;
        6. f. While loitering in a public place for the purpose of soliciting sexual contact, the individual solicits the contact;
        7. g. Creates a hazardous physically offensive, or seriously alarming condition by any act that serves no legitimate purpose; or
        8. h. Engages in harassing conduct by means of intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.
        9. i. Uses a fixed optical device that enhances or records a visual occurrence to view through any window of another person's property; or uses a surveillance camera to capture an image from the dwelling or accessory structure of another person; however, an individual using a surveillance camera has seven days from notice by a law enforcement officer to direct or shield the camera so as to not capture an image from another person's dwelling or accessory structure before there is an offense.
      2. 2. This section does not apply to constitutionally protected activity. If an individual claims to have been engaged in a constitutionally protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity.
    13. Maliciously and/or negligently tampers with fire equipment on the MSU campus.
    14. Violates the campus tobacco policy.
    15. Engages in any form of academic dishonesty including but not limited to the misrepresentation of another’s work as one’s own.

III.  Establishment of Judicial Bodies

  1. Student Welfare and University Affairs Committee:
    The committee consists of 4 faculty and/or staff members, appointed by the President, and 4 student members appointed by the Student Senate.
  2. Students Rights Committee: The committee consists of six faculty or staff members appointed by the Faculty Senate and three student members, appointed by the Student Senate.
  3. Inter-residence Hall Council: This committee consists of one staff member and one student from each hall plus a chairman. Committee membership is rotated among the housing staff
    (Applies to residence hall violations only; see Residence Hall Handbook for Specific Process.)

IV.  Handling of Complaints or Violations of Disciplinary Rules and Regulations

  1. Any student, university faculty or staff member, or administrator may file a report of a university policy violation. The report should provide the name of the accused student, the specific details of the violation, and the signature of the person filing the report. The report form is available from residence hall staff, campus police, the Student Affairs Office, or online at http://www.minotstateu.edu/pdf/incident_report_form.pdf.
  2. Allegations of violations of disciplinary rules or regulations shall be referred to the Vice President for Student Affairs or his/her designate.
  3. Upon receipt of allegations of violations of disciplinary rules or regulations, the Vice President for Student Affairs or his/her designate shall investigate the alleged violations, gather additional information and witnesses, if necessary and appropriate; and, determine whether or not there is sufficient information to charge a student with the alleged violation.
  4. After the initial investigation is complete, the Vice President for Student Affairs or his/her designate may:
    1. Take no action.
    2. Take administrative action to counsel, advise or admonish the student.
    3. Initiate hearing procedures.
  5. Pending action on any charges, the status of a student may not be altered, or the right to be present on the campus to attend classes suspended, except when necessary for the student’s physical or emotional safety and well-being, or for reasons relating to safety and well being of other students, faculty or university property.
  6. When hearing procedures are initiated the Vice President for Student Affairs or his/her designate may:
    1. Hear and make a decision concerning the case (Administrative Hearing).
    2. Refer the case to the Student Welfare and University Affairs Committee. The accused may indicate a preference for an Administrative or Committee hearing but final determination shall rest with the Vice President for Student Affairs or his/her designate.
  7. The Vice President for Student Affairs or his/her designate shall schedule hearings on allegations or violations of Disciplinary Rules or Regulations, and shall notify all parties of the matter of concern. The hearing shall not be scheduled less than seventy-two (72) hours after issuance of the notice of hearing.
  8. The notice of hearing shall include the following:
    1. A statement of the time, place, and nature of the hearing;
    2. A reference to the particular sections of the rules or regulations involved;
    3. A short and plain statement of the matters asserted;
    4. A statement of the student’s rights under these regulations.
  9. Hearing Procedures:
    1. Hearings on allegations of violations of disciplinary rules or regulations shall be conducted informally.
    2. Opportunity shall be afforded all parties to respond to the allegations and to present evidence and argument on all issues involved.
    3. The burden of proof will rest upon the party attempting to prove the violation of a University regulation.
    4. Unless precluded by law, informal disposition may be made of any individual proceedings by mutual agreement of all concerned parties.
    5. A party may bring to a hearing an advisor of his/her choice. This advisor may address the hearing body only at the pleasure of the chairman.
    6. Upon conclusion of the hearing, the person conducting the hearing shall issue written findings of act and, if a violation is found, shall impose sanctions in accordance with paragraph (IV) (K) of these regulations.
  10. The Appeals Procedure:
    1. The Student Welfare and University Affairs Committee shall hear all appeals from decisions rendered by the Vice President for Student Affairs or his/her designate with regard to violations of disciplinary rules and regulations, when such decision imposes a sanction of probation, suspension, expulsion, or the imposition of specified restrictions on a student’s activities. The Student Rights Committee shall hear all appeals from the Student Welfare and University Affairs Committee with regard to violations of disciplinary rules and regulations, when such decision imposes a sanction of probation, suspensions, expulsion, or the imposition of specified restrictions on a student’s activities. Students shall have the right to one appeal before the appropriate committee.
    2. Any student adversely affected by a decision of the Vice President for Student Affairs or his/her designate or a committee relating to a violation of disciplinary regulations may appeal such decision to the appropriate body. The appeal shall be instituted by filing a written notice of appeal with the appropriate committee within 96 hours after the decision was rendered. For the purposes of this subparagraph, a notice of appeal shall be deemed to have been filed if delivered to the Student Affairs Office within 96 hours after the decision was rendered. The period of 96 hours will not include Saturdays, Sundays, holidays, or any day when the Office of Student Affairs is not open for at least four hours.
    3. Upon receipt of notice of appeal, the Chairman of the committee, or in his or her absence the Vice Chairman, shall schedule a hearing on such appeal as soon as practical, after consultation with the student and the university officials concerned with the hearing.
    4. Stay of Sanctions Pending Appeal: The filing of a notice of appeal shall stay the imposition of any sanction imposed as result of a hearing except that such stay shall not apply to removal of a student from the campus and from campus housing to ensure the safety of other members of the University community or to prevent damage to University property.
  11. Disciplinary Sanctions:
    1. A FINE is the imposition of monetary penalty. Besides its use as a disciplinary sanction, it may also be used to compensate the University for a monetary loss resulting from a student’s misconduct.
    2. PARENTAL NOTIFICATION will occur after second offense involving alcohol and a student who is under age 21. (See Parental Notification Policy.)
    3. A WARNING is a discussion of misconduct which becomes a matter of at least temporary record (in the Student Affairs Office only).
    4. PROBATION indicates that continued enrollment is conditional upon good behavior during a specific period. It is a matter of office record and may include specific restriction of activity.
    5. EVICTION is the formal removal of a student from University housing.
    6. SUSPENSION is a temporary withdrawal of the privilege of enrolling in the University for a specific  period. Suspension may be deferred to allow completion of an academic term, after which it is automatically invoked unless a provision for review was made at the time of the original decision. During a period of deferment, the suspension will be enacted immediately by administrative staff decision if additional misconduct occurs.
    7. EXPULSION is the withdrawal of enrollment privileges with no promise of reinstatement at any time and no opportunity for review for at least one year. Suspension and expulsion are the only actions reflected in the official transcript. In each case, the words “may not register” appear without explanation. Reinstatement after suspension follows an interview with a staff member in the Student Affairs Office, who will inform the Registrar that the student may enroll again. Reinstatement after expulsion depends upon a recommendation to the President from both the Student Affairs Office and the Dean of an academic college.
    8. WITHHOLDING TRANSCRIPTS AND GRADES is a refusal by the University to provide transcripts and grades to the student, to other institutions, to employers and to other agencies.
  12. Student Rights:
    A student against whom an allegation charging violation of the university disciplinary rules and regulations has been lodged shall have the following rights:
    1. To be given written notice of the charges in sufficient time to ensure an adequate opportunity to prepare for the hearing.
    2. To present information on their own behalf, including written and oral statements and physical exhibits when appropriate.
    3. To hear all information presented and to question all who present it.
    4. To be advised by an advisor or attorney for consultation during questioning.
    5. To receive a timely written decision.
    6. To appeal decisions involving the imposition of specified restrictions, probation, suspension, or expulsion.

June 1998

Tobacco Free Campus Policy

Effective January 1, 2009.

Rationale for Policy

To become a “CEO Cancer Gold Standard institution,” Minot State University must help fight cancer, by meeting three goals: risk reduction through lifestyle change, early detection and quality care. Part of reaching these goals includes establishing and enforcing a tobacco-free worksite policy and providing health benefit plan coverage for tobacco treatments (counseling and medications). The health hazards of tobacco use have been well established. Cigarette smoking kills nearly 500,000 Americans annually. Secondhand smoke is a Class A carcinogen (cancer-causing agent); according to the 2006 US Surgeon General’s Report, there is no safe level of exposure to secondhand smoke. Smokeless tobacco contains 28 carcinogens, and according to the Centers for Disease Control and Prevention, is known to increase the risk of developing cancer of the oral cavity. This policy is established to protect the health and promote the wellness and safety of all students, employees and the general public.

Definitions

For purpose of this policy, tobacco use includes the possession of any lighted tobacco product or the use of any oral tobacco product.

Policy

The use of tobacco on university property, indoors or outdoors or in university vehicles, is prohibited at all times. This prohibition includes smoking in personal vehicles parked on university grounds. The policy applies to all employees, students and visitors. This policy also applies to external individuals or companies renting or using space with MSU and should be reflected in all agreements/contracts with such individuals or companies. Minot State University is a tobacco free campus.

To support those who are interested in quitting tobacco use, all benefited employees have available to them, through the North Dakota Public  Employees Retirement System Health Care Plan, a North Dakota Tobacco Cessation Program. For more information, call 1-800-223-1704. For others, assistance in quitting tobacco use is available locally through the First District Health Unit at 852-1376. The North Dakota Tobacco Quitline is also available at 1-866-388-7848 for those interested in quitting tobacco use.

Responsibility/Enforcement

The responsibility lies with the employees, students and visitors of Minot State University to abide by this policy. A student in violation should be reported to the vice president for student affairs. An employee in violation should be reported to his or her supervisor. Repeated violation by a student will result in disciplinary action as outlined in the Student Conduct Policy Handbook. Repeated violation by employees will result in disciplinary action as outlined in applicable State Board of Higher Education policies. Visitors who persist in noncompliance must be directed off university grounds.

Communication

Current smoke-free signs on campus will be replaced with similar, tobacco-free/smoke-free signs. This policy and explanation will be printed in university-approved publications, including the undergraduate and graduate catalogs, the Student Handbook, the Faculty Handbook, the Staff Handbook and other publications, as deemed necessary.

Information regarding the Tobacco-free Campus Policy will be included in formal and informal orientations for new students and employees. This policy will be sent out as a reminder, through campus announcements, at the beginning of each semester/term. Organizers of events are responsible for communicating this policy to attendees.

Ceremonial Use Exception

The tobacco-free policy may not apply to specific activities used in connection with the practice of cultural activities by American Indians that are in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a. All ceremonial use exceptions must be approved in advance by the President of Minot State University or designee.

Additional Policy Statements

In compliance with state and federal regulations Minot State makes the following statements:

Minot State University does not discriminate on the basis of disability, race, color, gender, age, religion, national or ethnic origin, or marital status in the administration of its educational admission, student aid, athletic, employment or other university policies and programs.

Any inquiries concerning the application of Title IX, section 504 of the rehabilitation act of 1973 federal regulations in relations to employment practices, may be made to the Minot State University Affirmative Action Officer in the Personnel Office in the Administration building.

Catalogs and bulletins of educational institutions are usually prepared by faculty committees or administrative officers for the purpose of furnishing prospective students and other interested persons with information about the institutions that issue the same. Announcements contained in such printed materials are subject to change without notice; they may not be regarded in the nature of binding obligations on the institutions and the state. In times of changing conditions it is especially necessary to have this definitely understood. Therefore, the Board of Higher Education makes this announcement in all catalogs and bulletins of information being issued by the State Educational Institutions of North Dakota—Board of Higher Education.

Minot State University is an Equal Opportunity/Affirmative Action Employer.