Code of Conduct

A. PURPOSE
Members of a university community share purposes that require mutual respect and trust and a commitment to provide and foster a living and learning environment of mutual responsibility. The university community has a special interest in the prevention of certain modes of conduct which are peculiarly harmful to the interests of the members of the university community. The office of Vice President for Student Affairs has been established as the one which is to act to protect the rights of all students. By serving as "prosecutor" in cases of alleged violations of university policies, the Vice President is protecting the rights of the students as a community.

B. DEFINITIONS
1. The term "University" means Concordia University, St. Paul.
2. The term "student" includes all persons taking courses at the University, both full-time and part-time, pursuing undergraduate, graduate, or professional studies and those who attend post-secondary educational institutions other than Concordia University and who reside in university residence halls. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the university are considered "students".  This definition is intended to include persons not enrolled for a particular term but who enroll for courses from time to time, perhaps toward a degree. Such persons would be expected to honor the Student Code even between periods of their actual enrollment.
3. The term "faculty member" means any person hired by the University to conduct classroom activities.
4. The term "University official" includes any person employed by the University, performing assigned administrative or professional responsibilities.
5. The term "member of the University community" includes any person who is a student, faculty member, University official or any other person employed by the University. A person's status in a particular situation shall be determined by the Vice President for Student Affairs.
6. The term "University premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University (including adjacent streets and sidewalks).
7. The term "organization" means any number of persons who have complied with the formal requirements for University recognition.
8. The term "judicial body" means any person or persons authorized by the Vice President for Student Affairs to determine whether a student has violated the Student Code and to recommend imposition of sanctions.
9. The term "Judicial Advisor" means a University official authorized on a case-by-case basis by the President to impose sanctions upon students found to have violated the Student Code. The President may authorize a judicial advisor to serve simultaneously as a judicial advisor and the sole member or one of the members of a judicial body. Nothing shall prevent the President from authorizing the same judicial advisor to impose sanctions in all cases.
10. The term "Appellate Board" means any person or persons authorized by the Vice President for Student Affairs to consider an appeal from a judicial body's determination that a student has violated the Student Code or from the sanctions imposed by the Judicial Advisor.
11. The term "shall" is used in the imperative sense.
12. The term "may" is used in the permissive sense.
13. The Vice President for Student Affairs is that person designated by the University President to be responsible for the administration of the Student Code.
14. The term "policy" is defined as the written regulations of the University as found in, but not limited to, the Student Code, Student Guide, Residence Hall and Food Service Agreement and Academic Catalog.
15. The term "cheating" includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; or (3) the acquisition, without permission, of tests or other academic material belonging to a member of the University faculty or staff.
16. The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

C. JUDICIAL AUTHORITY
1. The Judicial Advisor shall determine the composition of judicial bodies and Appellate Boards and determine which judicial body, Judicial Advisor and Appellate Board, shall be authorized to hear each case.
2. The Judicial Advisor shall develop policies for the administration of the judicial program and procedural rules for the conduct of hearings, which are not inconsistent with provisions of the Student Code.
3. Decisions made by a judicial body and/or Judicial Advisor shall be final, pending the normal appeal process.
4. A judicial body may be designated as arbiter of disputes within the student community in cases, which do not involve a violation of the Student Code. All parties must agree to arbitration, and to be bound by the decision with no right of appeal.

D. PROSCRIBED CONDUCT
1. Jurisdiction of the University
Generally, University jurisdiction and discipline shall be limited to conduct which occurs on University premises or which adversely affects the University community and/or the pursuit of its objectives.

Students are responsible for the violations of their on-campus guests, and for the damages and/or losses caused by their guests.

2. Conduct -- Rules and Regulations

A) Any student found to have committed the following misconduct is subject to the disciplinary sanctions outlined in 117E:
1. Acts of dishonesty, including but not limited to the following:
a. Cheating, plagiarism, or other forms of academic dishonesty;
b. Furnishing false information to any University official, faculty member or office;
c. Forgery, alteration, or misuse of any University document, record, or instrument of identification;
d. Tampering with the election of any University-recognized student organization; or
e. Unauthorized use of University copy, telephone and computer systems.
2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other University activities, including its public service functions on or off campus or other authorized non-University activities, when the act occurs on University premises.
3. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct which threatens or endangers the health or safety of any person.
4. Attempted or actual theft of and/or damage to property of the University or property of a member of the University community or other personal or public property. Destruction or making dysfunctional any fire alarm or other part of the emergency communication system.
5. Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.
6. Failure to comply with directions of University officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
7. Unauthorized possession, duplication or use of keys to any University premises or unauthorized entry to or use of University premises.
8. Violation of published University policies, rules or regulations, including visitation hours
9. Violation of federal, state or local law on University premises or at University sponsored or supervised activities.
10. Use, possession or distribution of narcotic or other controlled substances except as expressly permitted by law.
11. Use, possession or distribution of alcoholic beverages or alcoholic beverage containers or public intoxication.
12. Possession of firearms or other weapons including but not limited to, tazers, stun guns, pellet guns, explosives, fireworks or dangerous chemicals on University premises.
13. Participation in a campus demonstration which disrupts the normal operations of the University and infringes on the rights of other members of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; or intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus.
14. Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University-sponsored or supervised functions.
15. Conduct which is disorderly or indecent; breach of peace; or aiding, abetting or procuring another person to breach the peace on University premises or at functions sponsored by or participated in by, the University.
16. Theft or other abuse of computer time, including but not limited to:
a. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose;
b. Unauthorized transfer of a file.
c. Unauthorized use of another individual's identification and password;
d. Use of computing facilities to interfere with the work of another student, faculty member or University official;
e. Use of computing facilities to send obscene or abusive messages; or
f. Use of computing facilities to interfere with normal operation of the University computing system.
17. Abuse of the Judicial System, including but not limited to:
a. Failure to obey the summons of a judicial body or University official;
b. Falsification. distortion, or misrepresentation of information before a judicial body;
c. Disruption or interference with the orderly conduct of a judicial proceeding;
d. Institution of a judicial proceeding knowingly without cause;
e. Attempting to discourage an individual's proper participation in, or use of, the judicial system.
f. Attempting to influence the impartiality of a member of a judicial body prior to, and/or during the course of, the judicial proceeding;
g. Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during, and/or after a judicial proceeding;
h. Failure to comply with the sanction(s) imposed under the Student Code; or
i. Influencing or attempting to influence another person to commit an abuse of the judicial system.
18. Sexual misconduct, including lewd behavior and sexual intercourse between non-spouses.
19. Gambling or wagering (except for that provided under Minnesota Statutes).
20. Conduct resulting in breach or potential breach of security (propping doors, using windows for entering/exiting, defeating locks, etc.)
21. Display of pornographic pictures, vulgar graphics, or drawings offensive to a Christian university community and constituency.
22. Intentional activation of a fire or smoke alarm when no emergency exists.

B) Violation of Law and University Discipline

1. If a student is charged only with an off-campus violation of federal, state, or local laws, but not with any other violation of this Code, disciplinary action may be taken and sanctions imposed for grave misconduct which demonstrates flagrant disregard for the University community. In such cases, no sanction may be imposed unless the student has been found guilty in a court of law or has declined to contest such charges, although not actually admitting guilt (e.g., "no contest" or "nolo contendere").
2. University disciplinary proceedings may be instituted against a student charged with violation of a law which is also a violation of this Student Code, for example, if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.
3. When a student is charged by federal, state or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a judicial body under the Student Code, the University may advise off-campus authorities of the existence of the Student Code and of how such matters will be handled internally within the University community. The University will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and faculty members, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

E. THE DISCIPLINARY REVIEW PROCESS
1. Submitting an Allegation

A) Any member of the University community (faculty, staff, or student) may bring an allegation against a student for misconduct. Allegations must be presented to the Judicial Officer (currently the assistant to the Vice President for Student Affairs) in writing and should be submitted as soon as possible after the event takes place. Written allegations should include the following: 
- The date, time, and location of the incident; 
-  The name(s) of the individual(s) involved; 
-  The specific details of the allegation; and 
-  The signature of all witnesses and the individual submitting the allegation.
B) The Judicial Officer will present a written copy of the allegations to the alleged student(s) in an allegation notice. The alleged student may choose to admit to the allegation in person or in writing using the allegation notice. Failure to respond to the allegation notice by the stated date and time will be considered admission to the allegation.
C) If the student denies the allegations, the Judicial Officer may conduct an investigation to determine if the allegations have merit and/or if they can be dealt with through the mutual consent of the parties involved.
D) Upon the completion of the investigation, the Judicial Officer may determine the allegation to be a violation, a non-violation or refer the case to the Student Conduct Committee.

2. Sanctions

Concordia University, St. Paul has created its policies and guidelines for student behavior with the intention of protecting the rights of the community as a whole while assisting students as they develop and define their personal values and boundaries. When misconduct does occur, the University will make every effort to address each situation individually. In so doing, issues of frequency, attitude and circumstance will be considered with the intent of holding each individual personally responsible for his or her individual actions. The goal is to work with students individually in order to design interventions that will promote growth and healing.

A) Sanctions: One or more of the following sanctions may be imposed upon any student found to have violated the Student Code. The University holds the right to impose sanctions not listed below at the discretion of the Judicial Officer.
1) Warnings: Warnings will be issued in cases of minor misconduct or in cases of unique circumstance. Warnings may include contractual sanctions that would only be enforced if the student repeats the misconduct.
2) Fines: Fines are generally considered an inadequate means of sanctioning student misconduct. Further, fines are not directly related to the misconduct they address. As a general rule, fines will not be used as the standard for disciplinary sanctions. However, in cases of gross and/or repeated misconduct, the University reserves the right to use fines as part of a larger disciplinary sanction.
3) Restitution: Students should expect to be held financially accountable for the cleaning, repair and/or replacement of lost, damaged or stolen property. Further, compensation for physical injury may be included in the sanctioning process.
4) Community Service: The goal of community service is twofold: to provide meaningful service to the local community and to allow the student to build a stronger sense of self through the building of relationships, integrity and a sense of achievement. The University Judicial Officer may assign community service hours to be completed on or off campus.
5) Alcohol Education: Students violating the University alcohol policy may be required to attend an approved alcohol education class. The class should address issues of alcohol abuse, alcoholism, family systems, responsible drinking and sources of help for individuals with drinking problems.
6) Alcohol Assessments: Assessments for alcohol use should not be seen as punitive but rather as a counseling tool. Therefore, alcohol assessments will not be assigned as disciplinary sanctions. Students interested in receiving assessments of their alcohol use may receive a referral to do so at no charge through Twin Town Treatment Center.
7) Hall Restriction: This sanction is designed to fit the violation of visitation hours. The goal is to help students respect their visitation privileges. Students on hall restriction will not be allowed to meet with members of the opposite sex in residence hall rooms.
8) Disciplinary Probation: Disciplinary probation is a strong warning that any further violation of the Student Conduct Code will result in suspension or expulsion from the residence halls and/or the University. Generally, students who are expelled from the residential halls and/or placed on University probation will not be allowed to publicly represent the University (such as in athletics, music, drama, or student government). As the University believes that extra-curricular activities are a valuable component of a university education, students may be allowed to appeal to the Judicial Officer requesting that community service hours be exchanged for the opportunity to represent the University.
9) Residence Hall Suspension and Expulsion: Students persisting in misconduct within the residence halls, or in misconduct directly related to life in the residence halls, may be suspended or expelled from the residence hall. A suspension will consist of being removed from the residence hall for a specific period, after which the student may reapply for admittance to the residence hall. Expulsion from the residence halls is permanent.
10) Suspension from the University: Students suspended from the University will not be allowed to attend class or participate as a Concordia student in any capacity for a determined period of time. Conditions for readmission may be specified.
11) Expulsion from the University: Students expelled from the University will not be allowed to attend class or participate as a Concordia student in any capacity. University expulsion is permanent.
12) Disciplinary Hold: Disciplinary holds are used exclusively in cases when students have not completed previously assigned sanctions. When students do not complete sanctions on time, a disciplinary hold will be placed on their student account. This hold will prevent the student from registering for class, obtaining grade reports and receiving a student or official copy of their transcript. Disciplinary holds are set and lifted by the Judicial Officer. Holds will be lifted when students complete assigned disciplinary sanctions or develop a written contract with the Judicial Officer outlining when and how sanctions will be completed.
B) Student Records: the University maintains two separate sets of records regarding student misconduct.
1) Academic Records: Other than expulsion or suspension longer than 30 days from the University (Disciplinary Review, Section 2.A.10-12), disciplinary sanctions will not be part of the student?s permanent academic record. Academic records are maintained by the University Registrar.
2) Disciplinary Records: Student Affairs maintains a confidential record of student behavior. This record includes a written record of all proceedings surrounding student misconduct. Students may access their disciplinary record at any time. Other than the student, only authorized Student Affairs personnel may access the disciplinary file. The contents of a student?s disciplinary file will not be disclosed to individuals such as parents, faculty and employers, without the written consent of the student. Disciplinary records are to be destroyed by the Vice President for Student Affairs when a student graduates or two years after a student terminates his/her relationship with the University.
C) The following sanctions may be imposed upon student groups or organizations:
1) Sanctions listed in Disciplinary Review, Section 2.A.1-5,
2) Deactivation for a specified period of time. Deactivation includes the loss of all privileges, including University recognition.

C. Appealing Decisions

Right to Appeal

Students have the right to appeal any decision made by the judicial officer regarding violations and/or sanctions. All appeals must be made in writing and submitted to the Vice President for Student Affairs within 48 hours of the decision.

Line of Appeal

Decisions made by the judicial officer are appealed to the Student Conduct Committee (see Article IV, Section E). The Within the Division of Student Affairs, decisions made by the Student Conduct Committee are final. The President, as the final University authority, is free to alter the decision and change any or all disciplinary sanctions.

Reviewing Appeals:

Appeals will be reviewed on the following basis:
1) That the decision was made contrary to existing University policy,
2) That information used to reach a decision was incomplete or inaccurate, and/or
3) That circumstances beyond the control of the student prevented the student from responding to the allegation in a timely manner;

D. Interim Suspension

In certain circumstances, the judicial officer may impose a University or residence hall suspension prior to the hearing before a judicial body.
1) An interim suspension may be imposed only: a) to ensure the safety and well-being of members of the University community or preservation of University property; b) to ensure the student?s own physical or emotional safety and well-being; or c) if the student poses a definite threat of disruption of the normal operations of the University.
2) During the interim suspension, students will be denied access to the residence halls and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible.
3) Decisions regarding an interim suspension are made by the judicial advisor and may be appealed only to the Vice President for Student Affairs.