Code of Conduct
Community Standards
ATHENIANSPRINCIPLES
Guided by the traditions of the Sisters of St. Joseph of Carondelet (CSJs) and the Catholic Intellectual Tradition, Mount Saint Mary's University is committed to the advancement of learning and service to society. This is best accomplished in an atmosphere of mutual respect, concern for others, and academic integrity. As integral members of the Mount Saint Mary鈥檚 community students are encouraged to:
- Commit to the pursuit of knowledge with personal integrity and academic honesty;
- Contribute to the scholarly heritage of the Mount;
- Embrace the commitment to serve all persons without distinction;
- Promote the development of a caring community where compassion for others and freedom of thought and expression are valued;
- Respect the sanctity of the learning environment and support a culture of diversity by respecting the rights of those who differ from themselves; and
- Respond to the needs of the times and prepare as a fearless visionary for a just future.
Make a wholehearted gift of yourself to the dear neighbor.
Let your life be a continuous act of love.
国产传媒 STUDENT CONDUCT CODE
国产传媒 Community Standards 2025-2026
I. INTRODUCTION
Mission Statement
The Office of Student Conduct, at Mount Saint Mary’s University fosters an educational and developmental approach to student conduct, focusing on learning through self-reflection and personal accountability for behavior and decisions. Our mission is to resolve allegations of misconduct in a fair, timely, and socially鈥恓ust manner, through educational conversations, programs, and sanctions/resolutions to promote understanding of the standards of conduct and community expectations. We are committed to providing a transformative learning experience for students by helping to create and sustain a culture of accountability, integrity, respect, and trust among all members of the University Community.
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II. GENERAL GUIDELINES
The Student Conduct Code exists to provide students with information about their rights and responsibilities, about the Student Conduct Code requirements, and to provide general notice of prohibited conduct and expectations as a member of the 国产传媒 community. Students are charged with the responsibilities of reading and abiding by the Community Standards. Lack of intent or awareness of the Student Conduct Code will not be accepted as an excuse or defense for violations. The Community Standards apply to individual students as well as registered student organizations, clubs, teams, and club sports. Students will also be held accountable for the conduct of their Guests.
The Vice President of Student Affairs designates the Dean of Students as Chief Conduct Officer to administer, oversee, and manage the University student conduct process. The Chief Conduct Officer recruits, trains and appoints Conduct and Appeals Officers as deemed necessary in order to effectively administer the student conduct process.
The Chief Conduct Officer or designee may assemble a Conduct Hearing Board or hear the case. The membership of the Conduct Hearing Board includes University faculty and staff appointed and trained annually. The decision of whether to refer a complaint to the student Conduct Hearing Board is at the sole discretion of the Chief Conduct Officer or designee. A Conduct Hearing Board is assembled from the available pool of conduct officers, comprised of three fully trained Conduct members, who are either faculty or staff.
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Interpretation of the Student Conduct Code
The Dean of Students serves as the Chief Conduct Officer and is designated to review and update the Student Conduct Code annually, or as needed, and develop policies and procedures to address student conduct cases. The Student Conduct Code is intended to be read broadly and is not designed to define misconduct in exhaustive terms. Any questions of interpretation of the Student Conduct Code will be referred to the Chief Conduct Officer or designee, whose interpretation is final.
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Jurisdiction of the University
The Community Standards are applicable to conduct that takes place from the time a student first registers for classes, including periods thereafter during breaks between semesters, including the summer period. A Student includes a person who has been enrolled during the immediately preceding fall, spring or summer term and/or is eligible for continuing enrollment or graduation. Jurisdiction extends without limitation to conduct that occurs on University Premises, in Study Away programs, at on- or off-campus University sponsored events, and online activity using any digital medium.
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Inherent Authority
The University reserves the right to take necessary and appropriate action to protect the safety and well-being of the University, its reputation and good will, and the University Community. In cases where the incident is of a dangerous nature or where the behavior seriously conflicts with or contradicts the University’s mission or the Community expectations as expressed in the Community Standards, including without limitation the Student Conduct Code, the matter may be immediately referred to the Vice President for Student Affairs, the Dean of Students, or designee for action. The Vice President for Student Affairs, Dean of Students, and/or designee has the authority to take all necessary and appropriate interim action(s) prior to the matter being heard by the Conduct Officer or Conduct Hearing Board and may include an interim suspension. In cases where an interim action has been undertaken, the respondent (student or organization) will continue through the Student Conduct Process until a final merits determination has been made. Students will be notified in writing of any interim actions taken. Failure to abide by the interim action may subject the respondent to additional disciplinary action.
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Violation of the Law and the Student Conduct Code
Students may be subject to Student Conduct Code proceedings for acts that constitute alleged violations of federal, state, and local laws and regulations. When an offense occurs over which the University has jurisdiction, proceedings under the Student Conduct Code may be carried out prior to, simultaneously with, or following criminal prosecution or civil litigation that may arise from the same incident.
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Burden of Proof
The term “Burden of Proof” means the obligation of a party to establish by evidence a requisite degree of belief concerning the contested fact(s) in the mind of the trier of fact. Due to the nature of the student conduct process and the need to balance the rights and privileges of all members of the University community, the requisite degree of belief for decisions regarding responsibility for alleged violations of the Student Conduct Code is a preponderance of evidence. A preponderance of evidence exists when a reasonable person(s), after evaluating the evidence presented at the time of the decision, concludes that it is more likely than not that a disputed fact or facts does or does not exist. The Conduct Officer or Conduct Hearing Board shall determine alleged violations of the Student Conduct Code by a preponderance of the evidence.
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Limitation Period for Reporting Alleged Student Conduct Code Violation
Any person may file a report of alleged violation of the Student Conduct Code. While prompt reporting of alleged violations is encouraged, reports of alleged violations of the Student Conduct Code will be accepted until such time as the alleged respondent is no longer a student. Reports can be submitted through this link. The Chief Conduct Officer or designee reviews the report(s) to assess whether there is sufficient evidence or cause to initiate a Student Conduct Code proceeding.
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Communication
The primary form of communication is through the student’s official University e-mail account. The University, at its discretion, may also communicate with students via U.S. Mail, other generally recognized delivery service, other generally recognized electronic communications channel or personal delivery. Students are responsible and accountable for retrieving communications from their official University e-mail account on a daily basis.
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Scheduling Student Hearings
When scheduling a conduct hearing, reasonable effort will be made to schedule any meetings and/or hearing to avoid conflict with the student’s course schedule. However, notwithstanding any actual conflict with the student’s course schedule, students involved in the Student Conduct Process are required to attend all scheduled meetings and/or hearings unless their absence is previously excused by the Chief Conduct Officer or hearing officer. Students must promptly inform conduct@msmu.edu of any unexpected circumstance affecting their attendance prior to the scheduled meeting and/or hearing.
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Reservation of Rights
The University expressly reserves the right to revise, supplement or withdraw any section of the Student Conduct Code or portion of a University policy as it deems necessary.
III. DEFINITIONS OF TERMS
- The term “Advisor” means any current 国产传媒 Student, faculty, staff or religious community member, selected by a Student to appear with the Student at scheduled conduct proceedings. Off-campus individuals, parents, family members, attorneys, alumni/ae and those persons who have no affiliation with the University are expressly excluded from the definition of “Advisor” and cannot serve as Advisors. Current faculty or staff cannot act as an Advisor to their own family members. Witnesses may not serve as Advisors.
- The term “Appeals Committee” refers to any persons authorized to consider a review or appeal of the decisions of a Conduct Hearing Board or the Chief Conduct Officer.
- The term “Business Day” means a regular University business day. It shall not include weekends or administrative holidays.
- The term “Bullying” means an intentional course of conduct, individual act or series of acts that is intended to inappropriately impose one’s will or desire and cause harm to others. Bullying may include verbal or non-verbal threats, assault, Stalking and/or other methods of attempted coercion such as manipulation, blackmail or extortion (including, but not limited to, conduct that is undertaken or effected in whole or in part through the use of written communication, in person or physical contact, by telephone, mail, electronic communications, social media or other technological means or through third parties). Bullying also includes, but is not limited to, unwanted or uninvited aggressive behavior that intends to harm, threaten, frighten or intimidate another person and may involve a pattern of behavior that is repeated over time where an imbalance of power exists between the Respondent and the Complainant.
- The term “Chief Conduct Officer” unless otherwise designated by the Vice President of Student Affairs is the Dean of Students. The Chief Conduct Officer administers, oversees, and manages the student conduct process.
- The term “Clubs and Organizations” refers to any number of persons who have complied with the formal requirements for University recognition or who are members of teams or clubs that are recognized and supported by the University.
- The term “Complainant” refers to any person, or the University itself, who submits an allegation that a student or a Student Organization is in violation of the Student Conduct Code and Community Standards.
- The term “Conduct Officer” refers to any persons authorized by the Chief Conduct Officer to determine whether a student is responsible for an alleged violation of the Student Conduct Code and to impose sanctions/resolutions.
- The term “Conduct Hearing Board” refers to a body of Conduct Officers responsible for making determinations under and in accordance with the Student Conduct Code.
- The term “Designee” refers to a staff or faculty member who is designated by an appropriate University official to carry out a responsibility, in part or in whole, under the Student Conduct Code.
- The term “Evidence” refers to testimony, writings, material objects or other things presented to the senses that are offered to prove the existence or non-existence of a fact. In the Student Conduct Process relevant evidence is used to determine whether alleged conduct or behavior violates the Student Conduct Code.
- The term “Harassment” means unwelcome verbal, non-verbal, physical or visual conduct including, without limitation, physical aggression, intimidation or hostility (including, but not limited to, conduct that is undertaken or effected in whole or in part through the use of written communication, in person or physical contact, by telephone, mail, electronic messaging services, mobile services, electronic communications, social media or other technological means or through third parties), which may or may not be based on any category of protected characteristics under the law, that is sufficiently severe, persistent or pervasive so as to unreasonably limit or interfere with a Mount Saint Mary’s University community member’s ability to participate in or benefit from any Mount Saint Mary’s University program or activity on or off campus, and thereby creates an intimidating, hostile or offensive living, academic or work environment.
- The term “Guest” refers to all person(s) invited by a Student and/or Student Organization to be present or remain on campus or to attend University sponsored activities or events on-and-off campus.
- The term “Member of the University Community” refers to any person employed by, volunteering for, or attending the University as a student, faculty member, administrator, staff member, intern or volunteer.
- The term “国产传媒” refers to Mount Saint Mary’s University, Los Angeles.
- The term “Policy” refers to any written policy, procedure, standard, regulation, rule found in, but not limited to, the Student Conduct Code or other official University sources.
- The term “Preponderance of the Evidence” refers to the standard of evidence that is used to determine responsibility under the Student Conduct Code and means such evidence as when weighed with that opposed to it has more convincing force and greater probability of truth.
- The term “Resolution” refers to a requirement a Student or Student Organization must abide by or complete when found responsible for violating the Student Conduct Code.
- The term “Respondent” refers to a student who, or Student Organization which, allegedly violated the Student Conduct Code.
- The term “Retaliation” refers to adverse, non-permitted action taken by an individual or third party against a person in response to that person engaging in protected activity including, but not limited to, reporting a violation of policy or participating in any manner in an investigation related to a report. Retaliation includes, but is not limited to visual or physical threats, verbal or written remarks, shunning and reprisals focused upon interference with opportunities for learning and living in community.
- The term “Student” refers to a person who accepts enrollment and registers for classes, including periods thereafter during breaks between semesters or summer period. During breaks, including summer period, a Student includes a person who has been enrolled during the immediately preceding fall, spring or summer term and/or is eligible for continuing enrollment or graduation and includes all persons taking courses at the University, full-time or part-time, pursuing undergraduate, graduate or professional studies or are non-degree seeking.
- The term “Support Person” refers to a currently registered 国产传媒 student, full-time faculty or staff who accompanies a respondent or a complainant for the limited purpose of providing support and guidance during the Student Conduct process. Witnesses may not serve as a Support Person.
- The term “University” and “Institution” refers to Mount Saint Mary’s University, Los Angeles.
- The term “University Official” refers to any person employed with or contracted by 国产传媒 and operating within the scope of their responsibilities.
- The term “University Property” refers to all land, buildings, facilities, areas and other property in the possession of, owned or controlled, whether leased or rented, by the University.
- The term “University-Sponsored Activities/Events” refers to any activity/event on-or-off campus that is initiated, authorized or supervised by the University or a Student Organization.
- The term “Weapon” refers to any object intended for use to inflict harm or cause injury.
- The term “Will or Shall” are used in the imperative. The term “May” is used in the permissive sense.
- The term “Witness” refers to any person called upon to provide information related to an incident or matter who is not the Complainant or Respondent.
IV. ROLES AND RESPONSIBILITIES
Within the student conduct process several members of the University Community play a critical role and have varying responsibilities.
Conduct Hearing Board:
- Comprised of three Conduct Officers who meet with students and review the evidence related to the alleged Student Conduct Code violations.
- Makes Student Conduct Code determinations.
Conduct Officers:
- A 国产传媒 staff or faculty member appointed by Chief Conduct Officer who is trained annually to review incident reports and manage Student Conduct Code processes and proceedings
Appeals Committee:
- Determines appeals under the Student Conduct Code.
- An appeals committee is composed of three trained faculty or staff members who are designated by the Chief Conduct Officer. The appeals board is comprised of hearing officers who did not hear the original case.
Chief Conduct Officer:
- Oversees student conduct process.
- Recruits, trains, and advises Conduct Officers and Appeals Committee.
- Conducts an annual review of the student conduct process.
If you have any questions about the Student Conduct Code, please contact the Office of Student Conduct: Chalon: (310) 954 4130 - Doheny: (213) 477-2570 or email conduct@msmu.edu.
V. STUDENT CONDUCT CODE
The following is a non-exhaustive list of conduct considered to be in violation of the 国产传媒 Student Conduct Code.
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Acts of Dishonesty
Intentional act of dishonesty including, but not limited to, furnishing false information to any designated 国产传媒 official or to the University, falsification of records or documents, personal misrepresentation.
- Controlled Substances
Use, possession, storage, distribution, or being under the influence or knowingly being in the presence of any controlled substance or illegal drug; misuse of prescription drug(s); non-prescription medications; and drug-related paraphernalia, including, but not limited to, drug pipes, bongs, and roach clips are prohibited.
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Disorderly Conduct
Engaging in disorderly conduct, public intoxication, or lewd, indecent, obscene behavior, or physical fighting on University premises or at University-sponsored events.
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Falsification of Documents
Unauthorized use, possession, forgery, or unauthorized alteration of any government issued or 国产传媒 document, including but not limited to, instruments of identification, parking permits, or student employment timecard or similar records.
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Fireworks/Incendiary Materials
Use, possession or storage of fireworks, torches or other incendiary materials on, or within reasonably close proximity to 国产传媒 premises or at 国产传媒 sponsored activities.
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Harm to Community
Intentionally, or recklessly causing harm to any person, causing reasonable apprehension of such harm, endangering others, holding someone against their will or harassing any member of the 国产传媒 community, on or off campus, in person or by electronic means.
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Interfering with University Programs
Behavior or conduct that intentionally or recklessly interferes with normal University life and sponsored activities, including, but not limited to: studying, teaching, research, classroom instruction, University operations, conduct proceedings, study abroad or other university-sponsored travel, or fire, police, or emergency services.
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Failure to Comply with University Official
Students are expected to comply with the directives of University officials, including paraprofessional and professional staff of the University, in performance of their University duties and responsibilities.
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Violations of Law or University Policy
Violating or attempting to violate federal, state or local laws including, but not limited to the California Penal Code and Vehicle Code; published University regulations and/or policies including, but not limited to, the Alcohol and Drug Policy, Anti-Hazing Policy and Student Housing Policies.
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Retaliation
Action taken by an individual student or third party against a person in response to that person engaging in protected activity including, but not limited to, reporting a violation of policy or participating in any manner in an investigation related to a report of an alleged Student Conduct Code violation. Retaliation includes, but is not limited to visual or physical threats, intimidation, coercion, harassment, shunning, spreading defamatory information about an individual, exclusions from academic or non-academic programs and/or adverse actions related to employment (including conduct that is undertaken in whole or in part through the use of electronic messaging services, commercial mobile services, electronic communications, social media and/or other technology).
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Tampering with University Life Safety and Fire Protection Equipment & Systems
Intentionally or recklessly initiating a false alarm, including making a false call to the fire department or tampering with fire safety equipment, blocking emergency exit paths, disconnecting smoke detectors in residence hall rooms, classrooms, stairwells, or hallways, disconnecting automatic door closures, misusing or propping open fire doors, unauthorized use/possession of a fire extinguisher or fire suppression equipment, removing exit signs, pulling out fire hoses, hanging anything on fire sprinklers, removing sprinklers and tampering with blue emergency phones.
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Theft
Theft of property, University funds or services on University Property or at University-Sponsored Activities/Events or knowingly possessing stolen property on University Property, or at University-Sponsored Activities/Events.
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Unauthorized Access
Unauthorized access, presence in or use of 国产传媒 systems, premises, facilities, or property, including, but not limited to, life safety and fire protection systems, computer systems, networks, buildings, labs, roofs, balconies, ledges, and trellises.
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Vandalism/Damage
Vandalism or intentionally or recklessly destroying or damaging University systems or property or the property of others, and misusing, covering or damaging University life safety, fire protection systems and equipment, doors, or signs on University Property, or at University-Sponsored Activities/Events.
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Weapons
Use, possession or storage of any Weapons including but not limited to, firearms, knives, swords, laser guns, paintball guns, water guns, or any other plastic guns or facsimiles thereof on campus (including residence halls), other University Property, or at University-Sponsored Activities/Events The prohibition extends to and includes all weapons including any weapons otherwise authorized for carry by permits (e.g. concealed weapons permits “CCW”).
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Violation of Disciplinary Conditions
Violation of terms of any disciplinary sanction imposed in accordance with the Student Conduct Code.
VI. STUDENT CONDUCT PROCESS
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Reporting Alleged Violations
Suspected violations of the Student Conduct Code should be reported to conduct@msmu.edu. Persons submitting reports are requested to submit all evidence and information pertaining to the alleged violation(s) and may be asked to appear before the Conduct Officers or the Conduct Hearing Board. Failure to provide sufficient evidence of the reported violations may result in a decision to not initiate Student Conduct Code proceedings.
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Review of Reports
Except for cases involving allegations of Sex-Based Discrimination or Sex-Based Harassment as defined by the 国产传媒 Title IX Policy, the Chief Conduct Officer or designee will promptly review and investigate reports and determine whether to initiate Student Conduct Code proceedings. The process and procedures relating to the adjudication of allegations of Sex-Based Harassment and Sex-Based Discrimination can be found in the 国产传媒 Title IX Policy.
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Notification of Alleged Student Conduct Code Violation & Conduct Hearing
An electronic notice of alleged Student Conduct Code violation(s) shall be sent to Respondent(s) via their University email, no less than seven business days prior to the conduct hearing. Hearing notices will be sent from Maxient@msmu.edu. If a student fails to appear for a scheduled conduct hearing, the Conduct Hearing will proceed and the Conduct Hearing Board will review the evidence relating to the charges to determine findings and issue appropriate sanctions/resolutions. Failure to check one’s University e-mail account is not sufficient justification for not attending a scheduled hearing.
This electronic notice includes the following:
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A statement of alleged facts regarding the alleged Student Conduct Code violation(s) including, without limitation, the date(s), time(s) and location(s) of the alleged violation(s);
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An opportunity to review the evidence regarding the alleged violation(s)
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Date, time and location of the scheduled conduct hearing with video conferencing location and instructions
- A copy of the:
- Statement of charges specifying the alleged misconduct;
- and access to the 国产传媒 Community Standards.
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- Preparing for the Conduct Hearing
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Students receiving a Notice of Alleged Student Conduct Code Violation & Conduct Hearing may contact conduct@msmu.edu two business days prior to the date of the hearing to schedule a pre-hearing meeting. The pre-hearing meeting is an opportunity to review any evidence in the case (including the Incident Report, and requested witnesses) and to ask questions about the conduct proceedings. This is not an opportunity for the student to respond to the alleged violations.
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Students may have the assistance of a Support Person during the hearing and pre-hearing meeting. Students who wish to have the assistance of a Support Person must send an email to conduct@msmu.edu at least two business days prior to the scheduled hearing or inform the administrator during the pre-hearing meeting. The following requirements pertain to a Support Person:
- Only current registered students, full time faculty or staff can act as a Support Person or attend a hearing. Witnesses may not serve as support persons.
- The Support Person’s role is to assist and support the respondent in the conduct process and during the hearing.
- The Support Person may not address the Conduct Hearing Board, question witnesses, or otherwise actively participate in the Conduct hearing process.
- Requests to change proposed hearing dates to accommodate a Support Person’s schedule will not normally be granted.
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Students and/or the Conduct Hearing Board may also request the participation of additional Witnesses that have information relevant to the alleged violations of the Student Conduct Code. Students who wish to have additional Witnesses must inform conduct@msmu.edu in writing, at least two business days prior to the scheduled date of the hearing or inform the administrator during the pre-hearing meeting.
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During the Conduct Hearing
The Conduct Hearing Board shall:
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- Specify the nature of the alleged misconduct and the basis for the charge, including the date, time, and place where it is alleged to have occurred;
- explain the University’s conduct process; and
- make available the Student Conduct Code
- The Complainant and Respondent Shall:
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- have the opportunity to present evidence relevant to the alleged misconduct and to respond to the information gathered by the University in support of the charge(s), including the right to offer counter or explanatory information.;
- have the opportunity to present Witness possessing information relevant to the charges; and
- respond to other Witnesses, evidence and information presented by the Complainant or the University
If an additional hearing is necessary, the Conduct Hearing Board shall schedule a further hearing.
Students participating in the Conduct Hearing may not use recording devices (audio and/or video) of any kind for any purpose during the Conduct Hearing.
- After the Conduct Hearing Has Concluded
Once the hearing has concluded, the Conduct Hearing Board will meet to determine findings and propose sanctions/resolutions.
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- The Conduct Hearing Board’s determination shall be made based on a preponderance of the evidence standard.
- If the Respondent is found not responsible for the misconduct, the complaint will be dismissed.
- If the Respondent is found responsible for the misconduct, the Respondent shall receive a written decision letter summarizing the evidence in support of the finding of responsibility along with a statement of the sanctions/resolution.
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Notification Following Hearing
Within ten business days from the date of the conclusion of the hearing(s), the written decision of the Conduct Hearing Board will be issued to the student via their University email.
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Hearing Process for Misconduct Potentially Resulting in Severe Sanctioning (suspension or dismissal from the University)
Students charged with violations the Student Conduct Code which may result in severe sanctioning (suspension or dismissal from the University), will have their Student Code Conduct proceedings conducted as follows:
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The electronic Notification of Alleged Student Conduct Code Violation and Conduct Hearing shall include in addition to the matters stated above, a scheduled meeting with the Chief Conduct Officer.
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If a Support Person has been identified by the respondent, the Support Person will be copied on all communication regarding scheduling of pre-hearing meetings, review of reports and scheduling of the hearing.
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The Conduct Office will schedule and conduct interviews with the Complainant, Respondent and any Witnesses. Prior to the completion of the investigation, both the Complainant and the Respondent and their Advisors will be provided an opportunity to review the investigation report.
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A pre-hearing meeting at which:
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- The Chief Conduct Officer shall explain the hearing processes and procedures, student’s rights and make available the Student Conduct Code.
- The Respondent (and separately the Complainant if applicable) may review all the information gathered by the University, including time, date and place where the alleged behavior/misconduct is alleged to have occurred, that makes up the basis for the charge(s);
- The Respondent/Complainant may ask the Chief Conduct Officer questions regarding the conduct process;
- Either the Respondent or the Complainant (if applicable) may provide the names of Witnesses not yet interviewed whose statements may have relevant information to the proceedings. In the event either a Respondent or Complainant provides Witnesses during the pre-hearing meeting, then the names of those Witnesses will be provided to the investigator for formal interview, and the investigation report will be supplemented with their statements. Once the investigation report is updated with any additional Witness interviews and information, both Respondent and Complainant will be permitted another opportunity to review the updated report, evidence, and information. If a Witness fails to meet with the investigator for a formal interview, any prior or subsequent statements from the Witness will not be utilized nor relied upon by the Conduct Hearing Panel in rendering its decision.
- Respondents and Complainants who wish to have the assistance of a Support Person should inform the Chief Conduct Officer in writing at least two business days prior to the scheduled date of the pre-hearing meeting. The Support Person’s role is to assist Students in understanding the conduct process during pre-hearing meetings and hearings. Support Persons may not address the Conduct Hearing Panel or play any other role during hearings. All communication involving Support Persons during hearings must be between the Support Person and Student. A Support Person may not appear in lieu of the Student at either the pre-hearing meeting or the hearing;
- During a hearing with cross examination, the Conduct Hearing Panel shall specify the nature of the alleged misconduct and provide the Respondent and the Complainant the opportunity to again review the information and evidence gathered by the University that make up the basis for the charge(s). Students shall have the opportunity to present evidence relevant to the alleged misconduct and to respond to the information gathered by the University, including the right to offer counter information and/or call appropriate Witnesses.
- The Hearing Process will proceed where a Respondent fails to appear after timely notice and a determination of the charged misconduct made based upon the facts and evidence submitted in support of the alleged misconduct at that hearing (failure to check one’s e-mail is not sufficient justification for not attending a scheduled hearing). A Student Complainant who fails to appear after timely notice will be deemed to have abandoned their complaint and the charges will be dismissed unless the University is presenting the case and the facts and evidence presented in support of the charged misconduct independent of the Complainant warrants the continuation of the conduct process;
- The Respondent, via videoconferencing, will be permitted the opportunity to provide questions to be asked of the Complainant, and any Witnesses that appear either at the request of the Respondent, the Complainant, or the University, in order to assess the credibility of the information offered. The Respondent will be asked to provide their questions in advance of the hearing, and the Conduct Officers on the Hearing Panel will be permitted to disallow a question asked by the Respondent if the Respondent is unable to provide sufficient rationale for the relevancy of the question.
- The Complainant, via videoconferencing, will be permitted the opportunity to provide questions to be asked of the Respondent, and any Witnesses that appear either at the request of the Complainant, the Respondent or the University, in order to assess the credibility of the information offered. The Complainant will be asked to provide their questions in advance of the hearing, and the Conduct Officers on the Hearing Panel will be permitted to disallow a question asked by the Complainant if the Complainant is unable to provide sufficient rationale for the relevancy of the question.
- Both the Respondent and the Complainant will be permitted the opportunity to make a closing statement at the conclusion of the evidentiary portion of the hearing.
- Respondents, Complainants, or the Hearing Panel may submit new and or additional evidence and call appropriate Witnesses at the supplemental proceeding. Students shall have the opportunity to respond to any new or additional evidence that is presented for the first time at the supplemental proceeding.
- Respondents and Complainants may utilize the assistance of a Support Person during the supplemental hearing.
- Sanctions shall be levied if it is determined that the Student is responsible for the violation(s). If not, the charge(s) will be dismissed.
- Student whose alleged misconduct and asserted Code violations may result in severe sanctioning (suspension or dismissal from the University), are accorded the following procedural protections.
- Complaints will be promptly investigated and adjudicated following the procedures set out in the Code.
- For compliance with Clery Act record retention requirements, all official conduct-related correspondence will be retained for a minimum of seven years from the case closure date.
- A Student’s conduct history and record are cumulative; therefore, increased sanctions may be imposed to take into consideration the Student’s overall record of violations of all types, not just those of a similar type.
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VII. LIST OF SANCTIONS/RESOLUTIONS
When students are found in violation of the Student Conduct Code, a multitude of sanction/resolution options are considered all while addressing the education and well- being of all students involved. Conduct outcomes are divided into three categories: status, educational/restorative, and restrictive. The sanctions/resolutions listed below may be applied separately or in combination. Other appropriate sanctions/resolutions, which would enhance the educational value of disciplinary proceedings, may be applied in any given case. Sanctions/resolutions are determined based upon severity of the violation, any aggravating or mitigating factors, and past conduct history. A Student/ Student Organization conduct history and record are cumulative; therefore, increased sanctions/resolutions may be imposed to take into consideration the student’s overall record of violations of all types, not just those of a similar type.
- Status Sanctions/Resolution
Status sanctions/resolutions are an indication of the student’s relationship with the University. The status resolution typically escalates with each violation and is determined based upon the nature of the violation.
Warning: A warning specifies that certain conduct or actions are in violation of University policies, rules, or procedures and that future misconduct may result in further disciplinary action. A warning has no end date.
Non-Academic Probation: A non-academic probation specifies that repeated or severely inappropriate and unacceptable actions have occurred and that future violations may result in suspension or dismissal from the University. Probation is a status that may involve restrictions, conditions, or terms assigned for a period of time. Restrictions, conditions, or terms of probation may include, but are not limited to, ineligibility to participate in University activities or events; required meetings with a designated member of the University staff; restrictions on access to University facilities; and change or loss of housing assignment. Failure to comply with the terms and conditions of the probation, or additional violations of the Student Conduct Code during the probationary period, may result in more serious disciplinary action.
Suspension: The student is separated from the University for a specified period of time. During the suspension, the student shall not participate in any University sponsored activities taking place on or off campus and may be restricted from University premises. A restriction from campus can be temporarily lifted for business purposes and may be granted by the Chief Conduct Officer or designee.
Suspension requires the review and approval of the Vice President of Student Affairs who may alter the resolution.
Dismissal: The student is permanently separated from the University. The student is restricted from University premises and the student’s presence at any University-sponsored activity or event is prohibited. Students who are dismissed from the University are not entitled to any refund and notification may appear on the student’s academic transcript. Dismissal requires the review and approval of the Vice President for Student Affairs who may alter this resolution.
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Educational and Restorative Resolutions
Educational and restorative resolutions are designed to enhance the educational experience of the students participating in the Student Conduct Process. Educational and restorative resolutions frequently serve to repair harm to individuals or communities, provide additional education on a given subject, or aid students in considering their educational and personal goals and priorities.
Community Service: Community work, or other co-curricular learning experiences may be assigned.
Completion of Alcohol Edu for Sanctions (Part 1 and/or 2): This online alcohol educational course is designed to teach students about the effects of alcohol on the body and mind, and to assist students in making safer and healthier decisions. This online educational course is coupled with a reflection paper.
Completion of Online Educational Modules: These online educational courses are designed to teach students about topics related to university life. This online educational course is assigned with a reflection paper.
Educational Program/Project: Research, complete a reading, prepare and present a program, attend an educational program, and/or engage in other educational activities related to the misconduct. This educational program/project is coupled with a reflection paper.
Meeting with a Conduct Officer: The student will meet with a Conduct Officer to discuss their progress with assigned resolutions and/or their experience with the conduct process. In addition, this meeting will allow for any referrals to be made to support the student.
Reflection Paper: The nature of each written assignment varies based on the students’ conduct history and the type of violation they are found responsible for. The topic and questions encourage students to reflect upon and provide thoughtful and genuine answers about their experience.
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Restrictive Sanctions/Resolutions
Restrictive sanctions/resolutions modify a student’s privileges on campus. These sanctions/resolutions are typically not the primary sanctions/resolutions used by the University. However, repeated or serious violations may warrant one or more restrictive sanctions/resolutions.
Fines: A monetary fine may be assessed. The fine amount is dependent upon the circumstances of a particular case. A financial hold may be placed on a student’s account until the fine has been paid. The fine amount may also be added to the balance of a student’s account.
Ineligibility for Graduation Ceremonies or Honors Recognition Programs: A student with pending Student Conduct Code charges prior to graduation or honors recognition may not participate in graduation ceremonies or honors recognition programs until the case has been resolved and sanctions/resolutions completed.
Loss of Privilege: Limitation on University-related activities or services for a specific period of time, consistent with the violation committed, including but not limited to:
• eligibility to hold or run for an office in a campus organization and/or participate in sport- club functions;
• residence hall privileges;
• restriction from using specific facilities and services;
• restricted from specific areas in the University;
• campus motor vehicle parking and operating privileges; and a
• hold on registration for classes;
No Contact Order: The student is prohibited from having other than necessary academic contact with another member of the community. This includes but is not limited to physical, verbal, written, via third party, or electronic communication.
Restitution: Reimbursement for damage to, or misappropriation of property or cost of University resources. This may take the form of monetary, time, or material replacement, not in excess of the loss incurred.
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University Housing Sanctions/Resolutions
University housing sanctions/resolutions are assigned when a student’s behavior also violates the terms and conditions of their housing license agreement. These sanctions/ resolutions are usually in combination with other sanctions/resolutions.
University Housing Reassignment: The student is reassigned to another University- provided housing facility. The Chief Conduct Officer or designee will decide on the reassignment details.
University Housing Probation: The student is put on official notice that, should further violations of Residence Hall or University policies occur during a specified probationary period, the student may be immediately removed from University provided housing.
Temporary Loss of University Housing: The student is removed from University housing for a specified period of time after which the student is eligible to return. Conditions for re-admission to University housing may be specified. Under this resolution, a student may be required to vacate University provided housing within 24 hours of notification of the action, though this deadline may be extended upon application to, and at the discretion of, the Chief Conduct Officer or designee.
Permanent Loss of University Housing: The student’s privilege to live in, or visit, any University-provided housing structure is permanently revoked. Under this resolution, a student is required to vacate University-provided housing within 24 hours of notification of the action, though this deadline may be extended upon application to, and at the discretion of, the Chief Conduct Officer or designee.
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Other Sanctions/Resolutions
The Vice President of Student Affairs and the Chief Conduct Officer may exercise their discretion to reduce sanctions/resolutions.
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Failure to Follow Through on Conduct Sanctions/Resolutions
As members of the University community, all students are expected to comply with conduct sanctions/resolutions within the time frame specified on the conduct resolution letter. In most cases, not following through on conduct sanctions/resolutions by the due date, whether by refusal, neglect, or any other reason, may result in additional sanctions/ resolutions assigned and referral to the Dean of Students.
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Appeal Process
A decision finding a Respondent responsible for the charged misconduct and corresponding sanctions/resolutions may be appealed on the following grounds:
• New relevant evidence is available which, in the exercise of reasonable diligence, could not have been produced at the time of the hearing.
• The procedures provided for in this policy were not materially followed, resulting in significant prejudice to the Respondent.
• The decision is not supported by the evidence.
• The sanctions/resolution is grossly disproportionate to the offense.
All appeals must be in writing and sent to conduct@msmu.edu or submitted online via the link contained in the resolution letter to the attention of the Appeals Committee.
• Appeals must be submitted via student’s 国产传媒 email within seven business days from the date of the email notification of the decision.
• Failure to appeal within the allotted time will render the original decision final and binding.
• A decision on the appeal will be given within seven business days from the date the appeal was received. All decisions by the Appeals Committee are final. Sanctions of suspension or dismissal are subject to review and approval by the Vice President for Student Affairs.
VIII. STUDENT CONDUCT RECORDS
In compliance with Clery Act, all official Conduct correspondence is kept for a minimum of seven years from the date of the final resolution letter notice. Conduct records are stored digitally. Cases that resulted in a resolution of suspension or dismissal from the University are kept indefinitely. In compliance with the Family Educational Rights and Privacy Act of 1974 (FERPA), all conduct records are considered confidential records, with exceptions noted in FERPA.