Policy/Procedure

Download as PDF
  1. Authority for Student Discipline
    Ultimate authority for non-academic student discipline is vested in the Vice President for Student Affairs of the University of St. Thomas. Disciplinary authority may be delegated to University administrators, faculty members, committees, and organizations, as set forth in this Code of Student Conduct, or in other appropriate policies, rules, or regulations adopted by the Board.
  2. Student Participation
    Students are asked to assume positions of responsibility in the University conduct process so that they may contribute their skills and insights to the resolution of disciplinary cases. Final authority in disciplinary matters, however, is vested in the Vice President for Student Affairs, and in the University administration. 
  3. Interpretation of Regulations
    The purpose of publishing disciplinary regulations is to give students general notice of prohibited behavior and their rights and responsibilities during the conduct process. This Code of Student Conduct is not written with the intention of replacing or superseding criminal statutes.
  4. Inherent Authority
    The Vice President for Student Affairs reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. The University reserves the right to pursue disciplinary action for any violation of University policy and/or state or federal law -- on or off-campus -- that affects the University’s educational interests.
  5. Violations of Law and the Code of Student Conduct
    Students may be accountable both to civil/criminal authorities and to the University for acts that constitute violations of law and of this Code of Student Conduct. Disciplinary action at the University will normally proceed while awaiting the outcome of civil/criminal proceedings and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.
  6. Academic Integrity
    Matters of academic integrity are reviewed and enforced under the direction of the Provost and Academic Affairs. Students engaged in acts which may constitute both academic dishonesty and misconduct as defined by the Code may be subject to sanction under both authorities.
  7. Student Group and Organization Responsibility
    University student groups and organizations are expected to conduct themselves in a manner consistent with the University’s function as an educational institution. Student groups and organizations must observe all international, federal, state and local laws and University policies, including the Code, both on and off campus. A student group/organization will be responsible for the actions and conduct of its members, when one or more of its members, acting in the capacity of their membership, commit a violation of the Code. Student groups/organizations found in violation of the Code will be subject to conduct procedures and sanctions in the same manner as individual students, except that student groups/organization cannot be permanently removed from the University. 
    A complaint filed against a student group/organization does not preclude the possibility of complaints being filed individually against any or all individual students involved in the alleged misconduct.
  8. Interim Suspension
    Pending a disciplinary conference, the President of the University, the Vice President for Student Affairs and/or the Dean of Students may take immediate interim disciplinary action against any student who violates a rule or regulation of the University and/or a law of the Federal or State Government, when such action would be considered necessary to serve the best interests of the student defendant and/or the University of St. Thomas. Such “best interests” include but are not limited to the student defendant’s physical or emotional safety and well-being, or the safety of students, faculty, community members, staff, administrators, or University property. A student suspended on an interim basis shall be given a prompt opportunity to appear personally before the Dean of Students in order to discuss the following issues only:
    1. the reliability of the information concerning the student’s conduct, including the matter of his or her identity; and
    2. whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on University premises poses a substantial and immediate threat to himself or herself or to others or the stability and continuance of normal University functions.
  9. Records
    Documents that are created and maintained as part of the conduct process are subject to the protections of the Family Education Rights and Privacy Act. Conduct records are maintained by the Vice President for Student Affairs in accordance with the University records retention policy. 
  10. Categories of Misconduct
    Students at the University are expected to obey the norms of conduct of the University community, as well as the range of sanctions that can be applied for violating these norms. Students are expected to act in accordance to the University’s core values – goodness, discipline, knowledge and community.
    General Conduct and Principles. Students are expected to …
    1. Treat others with dignity, civility and respect.
    2. Respect the property of individuals, groups and the University.
    3. Act with honesty, integrity and responsibility, refraining from activities which interfere with the regular operation of the University.
    4. Abstain from lewd, indecent, obscene, mischievous, or malicious behavior.
    5. Refrain from acts that are obnoxious and/or offensive to others.
    6. Respond to the directives of a University official.
    7. Behave in a manner consistent with University policies, mission and core values.
      The following conduct is prohibited on University premises or on- or off-campus at University sanctioned events.
      1. Acts of Dishonesty, including but not limited to -
        1. Intentionally furnishing false or misleading information to the University or University official.
        2. Forging, altering or misusing any University document (including payroll materials) or instrument of identification.
        3. Intentionally interfering with any election process.
        4. Misrepresenting oneself as a University official.
      2. Acts Affecting the University Community, including but not limited to –
        1. Interfering with University or University-sponsored activities including, but not limited to, studying, teaching, research, and international travel. This may include off campus behavior deemed to be detrimental to University business or University sponsored activities.
        2. Interfering with any University emergency or public safety function, such as fire, police or emergency services.
        3. Engaging in disorderly or obscene conduct, including recording another’s image in violation of their reasonable expectation of privacy and without effective consent.
        4. Breaching the peace, or aiding, abetting or inciting another to breach the peace.
        5. Failing to comply with reasonable directive of a University official, including university police officers, acting in performance of their official duties.
        6. Engaging in disruptive activity on campus, including in a classroom setting.
        7. Failing to abide by signed agreements with the University, including, but not limited to, the Acceptable Use Policy for Technology Resources and Student ID Card Terms and Conditions.
      3. Acts Affecting Property or Services, including but not limited to –
        1. Theft or attempted theft of property, time, or services and/or knowingly possessing stolen property.
        2. Intentional or reckless destruction or damage to university property or the property of others.
        3. Unauthorized possession, duplication, or use of access devices to University property.
        4. Unauthorized entry onto or use of University premises.
        5. The use or distribution of a trademark, including the University trademark, without the expressed written consent of the owner.
      4. Acts Affecting Health, Safety, and Welfare, including but not limited to –
        1. Engaging in physical and/or verbal abuse, fighting, threats, intimidation, harassment, coercion, hazing, physical or electronic stalking or any other conduct which threatens or endangers the mental, emotional and/or physical health, safety or welfare of any person. (This behavior could include activity on social media outlets.) Speech protected under the First Amendment of the U.S. Constitution is not a violation of this provision, though fighting words and statements which reasonably threaten or endanger the health and safety of any person are not protected speech.
        2. Engaging in acts of sexual misconduct, sexual abuse, sexual harassment, sexual exploitation, sexual violence, or sexual coercion as defined by state, international or federal law or university policy. Engaging in acts of domestic violence, dating violence, or stalking as defined by state, international or federal law or university policy. 
        3. Note: violations listed in Section D.2. of the Code of Student Conduct will be handled in accordance with the Sexual Misconduct and Interpersonal Violence Policy and Resolution Procedures Governing Students and Employees.
        4. Arson or unauthorized use of explosives or other flammable objects, including fireworks, that could cause injury or damage by fire or explosion to persons or property.
        5. Unauthorized use or possession of ammunition, firearms, or other weapons (such as bows and arrows, crossbows, swords, hunting or survival knives, billy clubs, etc.) that are dangerous and could cause injury or damage to persons or property. 
        6. Illegal use, possession, sale, manufacture, or distribution of controlled substances or dangerous or illegal drugs; misuse or possession of a legal drug or other substance which could cause harm to the user; possession of drug paraphernalia; or encouraging, being a party to any of the above or facilitation any of the above.
        7. Public intoxication; driving under the influence; driving while intoxicated; use, possession or distribution of alcoholic beverages, except as expressly permitted by law and university policy and regulation.
        8. Tampering with or misuse of security or safety equipment.
        9. Reporting a false emergency or threat.
      5. Violations of International, Federal, State or Local laws (whether convicted or not) or other University Policies.
      6. Interfering with the Conduct Process, including but not limited to –
        1. Failing to comply with a request to attend a conference with the Vice President, Dean of Students or a Student Affairs representative.
        2. Failing to comply with sanction(s) imposed under the Code or sanction(s) otherwise imposed by the University.
        3. Falsifying or misrepresenting information at any stage of the conduct process; or knowingly initiating a false complaint to a University official.
        4. Attempting to discourage a person’s participation in, or use of, the conduct process.
        5. Retaliating or engaging in any threatening behavior against anyone involved in the conduct process, including a complainant and/or witness.
        6. Harassing or intimidating a University official or any individual involved in the disciplinary process.
      7. Committing any other offense that violates UST’s General Conduct and Principles, Core Values and/or University Policy.
      8. Facilitating Acts of Misconduct, including but not limited to –
        1. Planning or facilitating an act of misconduct.
        2. Being present during the commission of an act of misconduct and supporting and encouraging the act.
  11. Sanctions for Misconduct
    Any student found to have engaged in a conduct violation of the Code may be subject to one or more of the following sanctions. Repeated misconduct may result in assignment of more serious sanctions, including but not limited to suspension or expulsion. Sanctions that may be imposed in accordance with this Code of Student Conduct include --
    1. Admonition - a written or verbal reprimand.
    2. Disciplinary Warning - indicates that further violations may result in more severe disciplinary action. The warning shall not exceed a period of one calendar year and shall be removed automatically when the imposed period expires.
    3. Disciplinary Probation - indicates further violations may result in additional disciplinary sanctions, up to and including expulsion. Such probation may last longer than one calendar year.
    4. Restitution - reimbursement for damages, monies owed, or misappropriation of property. Reimbursement may take the form of service in kind.
    5. Fine – a monetary fine applied to the student’s account. Fines are used sparingly, and only if the violation warrants a fine. Fines may also be used if there is a time restraint.
    6. Educational - an assignment designed to educate a student about the potential impact of misconduct and to prevent reoccurrence. May include referral to a campus department, educational workshops or an assignment (i.e. reflection papers, flyer, journal).
    7. Loss of Privileges - a temporary or permanent loss of university privileges, including but not limited to loss of privileges to access a building(s), to hold a leadership position in a student group, to participate in study abroad programs, to hold a part-time job on campus, to register as a student group, or to participate in social or extracurricular events/activities; may also result in withholding of an official transcript or blocking enrollment for a specified period of time. This is a flexible penalty which may impose limitations to fit the particular case.
    8. Residence Hall Suspension – a temporary or permanent removal of a student from a specific residence hall or from all University housing.
    9. Student Group Suspension – removal of privileges and recognitions accorded to student groups for a specified period of time.
    10. Suspension from the University - prohibits the student during the period of suspension from entering the University campus, attending University-sponsored functions, and from registering for or attending classes.
    11. Expulsion from the University - permanent severance from the University.
    12. University Withdrawal – a student may be administratively withdrawn from a class, a course, or all courses. A withdrawn student may also be prohibited from entering University premises and barred from re-enrollment until specific conditions are met. Reasons for University withdrawal include, but are not limited to, (1) to prevent the disruption of the education process; (2) the student failed to respond to an official summons from a University official; (3) the student has been suspended or expelled from the University.
    13. Immediate Suspension – immediate removal from all or part of the University premises while the conduct process is pending when a violation reasonable indicates that the student’s continued presence poses a substantial or immediate danger to the health, safety or welfare of any member of the University community or to the University premises.
    14. No-Contact Order – the Dean of Students may impose a limited or campus-wide No-Contact Order between parties involved in a conduct matter when the fear of retaliation and/or harassment may be present. Specific instructions will accompany the No-Contact Order outlining expected behavior including face-to-face contact, correspondence, email, social media or telephone. Friends and relatives are also prohibited from contact on behalf of either party.
    15. Removal of Good Conduct Standing – a temporary or permanent removal of good conduct standing, which may prevent the student from accepting / maintaining leadership roles on campus. 
      Repeated or aggravated violations of any section of this Code of Student Conduct may also result in expulsion or suspension or in the imposition of such lesser penalties, as may be appropriate. Attempts to commit acts prohibited by this Code of Student Conduct may be punished to the same extent as completed violations.
      (For violations meeting the definitions noted in the Sexual Misconduct and Interpersonal Violence Policy, please see the specific policy for sanctions.)
  12. Case Referrals
    Any person may refer a student or a student group or organization suspected of violating this Code of Student Conduct to the Dean of Students.
    Those referring cases are normally expected to serve as the complainant and to present relevant evidence in hearings or conferences. The complainant may request the assistance of an advisor, as set forth in part 16 of this Code of Student Conduct.
  13. Conduct Procedures
    Upon receipt of an incident report, the Dean of Students will investigate all suspected and reported violations of the Code. If the Dean of Students decides to dismiss the allegation(s) as unfounded, the case will be closed. If the Dean of Students finds the allegation(s) have merit, a Notice of Complaint letter will be sent to the alleged student(s). This letter will include the alleged Code violation(s) and a meeting request to discuss the alleged violations.
    At the time of the initial meeting…
    1. The Dean of Students will give the respondent an opportunity to respond to the allegations verbally and in writing. 
    2. Upon receiving the verbal and written statements, the Dean of Students will decide to dismiss the allegation(s), to further investigate the allegations or to proceed with the disciplinary process.
    3. If he proceeds, an administrative hearing will be initiated.
      The Dean of Students may defer proceedings for alleged violations of this Code of Student Conduct for a period not to exceed sixty (60) days. Pending charges may be withdrawn thereafter, at the discretion of the Dean of Students.
      (For violations meeting the definitions noted in the Sexual Misconduct and Interpersonal Violence Policy, please see the specific policy for hearing procedures.)
  14. Administrative Hearing
    During an administrative hearing, and based on the preponderance of the evidence, the Dean of Students may impose any of the penalties listed in part 11 of this Code of Student Conduct.
    1. The Dean of Students presents the administrative disposition to the student in person (when appropriate), followed by a written statement, which includes:
      • The violation(s) charged
      • Whether the student is responsible or not responsible for violation(s) charged
      • The sanction(s) imposed
      • The right to appeal
      • The recording of the penalty on his/her permanent record if it is from part 11 j or k.
        (For violations meeting the definitions noted in the Sexual Misconduct and Interpersonal Violence Policy, please see the specific policy for hearing procedures.)
    2. A student defendant has seven (7) calendar days from receipt of the outcome letter to appeal the disposition. Appeals must be made in writing and submitted to the Dean of Students using the Student Conduct Resolution Appeal Form. Only appeals requested on the basis of one of the following reasons will be heard. (Compelling examples and reasons for the basis must be given at the time of appeal.)
      • Procedures outlined in this Code of Student Conduct were not followed during the conduct process.
      • Evidence presented during the conduct process was not given reasonable consideration by the Vice President.
      • New evidence has become available in the case.
      • The sanctions received were excessive.
        If the student requests an appeal, and it is received in the allotted timeframe and meets the basis for appeal, the Dean of Student will prepare and file a written summary of the case and forward it, along with the appeal documentation presented by the student to the Vice President for Student Affairs within ten (10) calendar days of the receipt of appeal. The Dean of Students shall make available to the Vice President the full record of the administrative hearing. The Vice Presidents shall determine within fifteen (15) calendar days from the receipt of the appeal to sustain or suspend the decision. The imposition of sanctions will be deferred during the pendency of the Vice President’s review, unless, in the discretion of the Vice President the continued presence of the student on the campus poses a substantial threat to him/herself or to others, or to the stability and continuance of normal University functions.
    3. If the student does not elect to appeal the case, the Dean of Students notifies the appropriate University personnel of the disposition, if appropriate. This having been done, the case is closed.
  15. Advisors
    A student may be accompanied by an advisor, but the student must represent him/herself at the hearing. The Dean of Students will determine the role of the advisor at the time of the hearing.
    In consideration of the limited role of an advisor, and of the compelling interest of the University to expeditiously conclude the matter, a hearing will not be delayed due to the unavailability of an advisor. Should an accused student elect to have an advisor present at the hearing, the name and credentials of the advisor must be presented to the Dean of Students at least 48 hours in advance of the hearing. If the accused student elects to have an attorney present as the advisor, the University maintains the right to also have an attorney present and may postpone a hearing to a later date until such an individual can be in attendance.
  16. Student Record Encumbrances
    In pending cases involving alleged violations of the Code of Student Conduct, a temporary encumbrance may be placed on a student’s records by the Dean of Students. This encumbrance will remain in effect until the case has been adjudicated and any sanction(s) imposed.