Office of Student and Community Standards

DEFINITION OF STUDENT

A student is defined as someone who is taking classes at UMD, both full-time and part-time.  In rare instances, a person may also be a student if he/ she has a continuing relationship with UMD but is not currently registered (e.g., person enrolls for classes from time to time, perhaps toward a degree).  These will be decided on a case-by-case basis.

JURISDICTION

• on campus.
• on property owned and/or controlled by UMD.
• on property or in housing units assigned by UMD.
• during activities that are sponsored or approved by UMD.
• off-campus consistent with the Regents Policy Student Conduct Code.

DUE PROCESS RIGHTS

Any student or student organization charged with violation of a University rule or standard must have the opportunity to receive a fundamentally fair hearing and access to at least one campus-wide appeal.  This reflects the University's concern for both substantive and procedural fairness for the accused student or student organization, including both the student's/student organization's and institution's right to the resolution of a case within a reasonable period of time.

If a hearing is held, the accused student has the right to:

• hear all evidence against him/her.
• present his/her own case, including witnesses.
• be accompanied by an advisor or legal counsel in a non-participatory role.
• question adverse testimony.
• receive written notice of the hearing committee's decision.
• an appeal if guilt is determined and if there are grounds for an appeal (grounds for an appeal are listed in the Procedures section under Level Three)

  PROCEDURES

The conduct code coordinator receives referrals or allegations from students, faculty, staff, and guests of the University about alleged violations of the conduct code.  In the event the conduct code coordinator issues a complaint, the complainant is the University of Minnesota Duluth.

The conduct code coordinator collects information, interviews the accused student(s), and provides the student(s) with a statement of his/her rights.  Any student charged with a violation of the code will receive in writing a statement of the complaint including the range of possible sanctions and will be informed of the opportunity to receive a fundamentally fair hearing.

In most cases, the conduct code coordinator will attempt an informal resolution of the case.  This process engages the complainant and the accused in a series of discussions that seeks to reach an agreement between the parties.

Other serious cases may warrant the creation of an ad hoc committee that is directly related to the case.  The purpose of this is to assist the conduct code coordinator in informally resolving the case.  This would be an informal committee meeting to decide a sanction for an informal resolution and not a formal hearing.  There will be consultation with the University attorney, as appropriate.

The conduct code coordinator will provide his/her decision to the student in writing.  The student may reject the conduct code coordinator's decision. The student must inform the conduct code coordinator in writing within a reasonable time period set by the conduct code coordinator if he/she decides to reject the decision.

The sanction letter is not admissible by either party in subsequent steps in the UMD conduct code process.  Only the original complaint, the evidence gathered in the investigation of the original complaint, and factual information gathered during the informal process will be admissible in further hearings.

The conduct code coordinator may refer the case to the Student Behavior Judiciary Committee (SBJC) for a formal hearing.  The SBJC is a standing committee of the University.

Level Two
Student Behavior Judiciary Committee (SBJC)

The SBJC is responsible for taking action on cases referred to it by the conduct code coordinator based on alleged violations of this code.  The SBJC is comprised of an equal number of faculty/staff members and students.

The SBJC is convened to hear the case to determine responsibility.  The SBJC hears all referred cases.  If more than one student is charged with misconduct in a related incident, a single hearing may be held for all of the students so charged.  Parties may have counsel present, but counsel cannot actively participate in the hearing process. The SBJC hearings are closed unless the parties agree to an open hearing.

If the student is found to be responsible, the SBJC imposes the sanction.  Unless the student appeals this sanction, he/she must fulfill the SBJC's sanction and cannot revert to the sanction that had been imposed by the conduct code coordinator.

Procedures for conducting a hearing are on file in the Office of Academic Support and Student Life.

A student or student organization has the right to appeal the Student Behavior Judiciary Committee's sanction.

1. The decision was made without benefit of relevant evidence not reasonably available at the time of the initial hearing.
2. The initial hearing was procedurally unfair in that:
   (a) The original hearing deviated in a substantial way from the established hearing procedures.
   (b) During the first full hearing of the original complaint, due process was violated.
3. The sanction was inconsistent with the severity of the violation.
4. The decision was made contrary to the weight of the evidence.
5. The interests of the students, group, college, or University were not adequately or sufficiently weighed and considered.

Appellate Process/Appellate Body

The appellate body reviews the specific grounds for appeal, which may or may not be granted.  It does not become involved in rehearing an original complaint.

Procedures for conducting an appellate review are on file in the Office of Academic Support and Student Life.

Procedures for Filing an Appeal

The student must inform the conduct code coordinator if he/she decides to appeal.  The conduct code coordinator will provide the student with an appeals petition form.  The student must complete and sign the form, and submit it to the conduct code coordinator within ten weekdays of the Student Behavior Judiciary Committee's sanction. 

Nature of an Appellate Review

The UMD Campus Assembly Committee on Student Affairs convenes to determine if a full appellate review is granted.  If the appeal request is denied, the student must fulfill the sanction imposed by the SBJC.  If the appeal is granted, an appellate review will be scheduled.

The appellate panel's responsibility is to make a deliberative judgment regarding the specific grounds appealed not to rehear the complaint.  If the student is appealing on grounds that "the sanction was inconsistent with the severity of the alleged violation," the panel may uphold, reduce, but not increase, the sanctions imposed by the SBJC.

Parties may have counsel present, but counsel cannot actively participate in the process.  Appellate proceedings are closed unless the parties agree to an open review.

The UMD Campus Assembly Committee on Student Affairs has been designated by the chancellor to review appeals and be the only appeal review on this campus.  The findings of the committee are sent to the chancellor in the form of a recommendation.

Level Four
Chancellor

The chancellor is the final authority on matters of student discipline on the Duluth campus.

REPEAL OF CONTRADICTORY RULES

These disciplinary proceedings for the Duluth campus supersede any existing disciplinary policies and practices that are in contradiction.  This document was revised on April 22, 2004.