Student Conduct Code

Temporary Pre-Hearing Suspension

Temporary Pre-hearing Suspension is not a sanction. If the health, safety, or appropriate functioning of a member of the residence community is in serious question, immediate Temporary Pre-hearing Suspension can be initiated prior to a conduct meeting, to be held within ten (10) calendar days. The initial conduct meeting should be held within 10 days, however, a decision is not required within this 10 day period. A prorated refund of room and/or board may be made for the period of suspension. Matters involving allegations of discrimination/ harassment based on a person’s protected class under the 1B.1 Policy, or sexual assault, dating/relationship violence, stalking, nonforcible sex offenses, and aiding acts of sexual violence under the 1B.3 Policy, will be referred to the Office of Equal Opportunity & Title IX for investigation and resolution. The 1B.1.1 and/or 1B.3.1 Procedures will apply to those matters; therefore, the 10-day period for conducting the initial meeting may not apply. More information regarding these policies, procedures and process can be found at http://www.mnsu.edu/eotitleix/.

Appeals

Students found responsible for a violation of the Statement of Student Responsibilities may submit an appeal. An appeal must be based on an error in the disciplinary process that substantially impacted the outcome. If there is sufficient reason to believe that one or more of the grounds articulated in the student’s appeal letter has merit, an appeal meeting will be scheduled. Appeals must be filed in accordance with the appeal deadline indicated in the conduct outcome letter. Appeals of relocation, contract suspension, or contract termination will be considered only if presented before the onset of the sanction. Appeals must be in writing and include your name, campus address, phone number, the name of the appeal officer, specific ground(s) of your appeal, and a detailed explanation of the particular ground(s) and argumentation in support of the appeal. Appeal forms are found at www.mnsu.edu/studentconduct. The following will be allowed as grounds for appeal:

1. New evidence not reasonably available at the time of the conduct meeting,

2. Evidence of a procedural error in the student disciplinary process that substantially impacted the outcome, or

3. Evidence that the sanction is excessively severe.

Grounds for appeal do not include the stress, expense, or inconvenience of relocation, contract termination or suspension; disruption to studies; cost of educational sanctions such as Under the Influence, Marijuana 101, CHOICES, or a chemical use interview; separation from friends; lack of familiarity with rules; good character; or a personal commitment to behaving better in the future. Sanctions are intended to have significant impact in order to effectively deter students from engaging in future misconduct. A student who fails to appear for a conduct meeting may appeal but not on the grounds of “new evidence not reasonably available at the time of the meeting.”

Appeal letters will be reviewed upon receipt, and the appeal officer will determine whether an appeal meeting will be scheduled based on the reasons cited in the letter and the quality of the materials submitted. Possible appeal outcomes include:

1) uphold the previous decision; 2) change or decrease the sanction; 3) change or increase the sanction;

4) refer the case back for a new conduct meeting. The decision of the Residential Life Appeal Officer is final.