113 - Student Code of Conduct
Responsible Office: Student Success
Responsible Officer: Dean of Students
Related Policies and Procedures:
PURPOSE
Minnesota State College Southeast offers each student the freedom to learn and the freedom to enjoy college life in an orderly and lawful manner. In return, Southeast expects every student to assume the obligations and responsibilities that accompany those freedoms. By enrolling at Southeast, students assume the obligation and responsibility of conducting themselves in accordance with reasonable and lawful requirements.
For that purpose, Southeast has developed a Student Code of Conduct to support students’ physical and emotional well-being along with their educational and professional development. The Student Code of Conduct is intended to ensure students receive all due process rights, and that a strong and equitable educational environment is established.
The Student Code of Conduct does not replace, nor does it reduce any requirements of civil or criminal law. Therefore, students who violate civil or criminal law may be subject to both legal and college sanctions for the same conduct when the conduct occurs off campus but is related to the college community.
PART 1. DEFINITIONS
Business Days: Any day Southeast is open. Typically, business days are Monday through Friday. Days that Southeast is unexpectedly closed (i.e., due to inclement weather) are not considered business days.
Complainant: An individual that has reported a concern and/or potential violation of the Student Code of Conduct.
Conduct Officer: Any Southeast faculty/staff or affiliate who has been designated to investigate and adjudicate alleged violations of the Student Code of Conduct.
Preponderance of Evidence: A standard of responsibility to prove that a violation of the Student Code of Conduct is more likely than not to have occurred.
Respondent: A student who has been alleged to have violated the Student Code of Conduct.
Student: Includes all persons who:
- Are enrolled in one or more courses, either credit or non-credit, through Southeast; or
- Withdraw, transfer or graduate after an alleged violation of the Student Code of Conduct; or
- Are not officially enrolled for a particular term but have a continuing relationship with Southeast; or
- Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid.
PART 2. POLICIES
Abuse of the Student Conduct Process: Students are not permitted to engage in acts that disrupt the student conduct process, including but not limited to:
- Knowingly falsifying, misrepresenting, or distorting information involved/related to the student conduct process.
- Disrupting and/or interfering with a student conduct process/procedure.
- Attempting to intimidate and/or influence individuals involved with the student conduct process.
Academic Misconduct: Students must abide by the Academic Integrity Policy by not engaging in academic misconduct such as plagiarizing, cheating, fabricating academic work, enabling academic misconduct, etc. Southeast Policy 221
Alcohol: The use, possession, manufacturing, or distribution of alcohol on college property or at college sponsored events (except those with official approval) is prohibited. Public intoxication is prohibited. Alcoholic beverages may not under any circumstance be used by, possessed by, or distributed to any person under twenty-one years of age. Information about the Alcoholic Beverages on Campus policy can be found at Southeast Policy 703.
Animals/Pets: Students, employees, visitors, guests are expected to abide by Policy 709: Animals on Campus.
Attendance: Students at Southeast are expected to attend class and be punctual. In case of absence from class, on campus or online, it is the student's responsibility to notify the instructor in accordance with department or instructor course requirements. Students in programs with clock hour requirements necessary for graduation and/or licensure may purchase additional credit to make up for lost instructional time incurred by their absence. Make-up time must be completed under the instructor's supervision.
Attire: Southeast does not have a specific general dress code other than the requirements of programs having uniform, eyewear, footwear, and other protective dress requirements. Southeast relies on the good judgment of each student in determining appropriate dress. The President or designee may bar dress that is determined to be extreme, distasteful, disrespectful to others, or disrupts the educational process.
College Rules: Violation of written Board of Trustees and college policies, rules or regulations is prohibited.
Computer Misuse: Students are expected to abide by the Acceptable Use of Computers and Information Technology Resources policy. Southeast Policy 605
Discrimination and Harassment: Students are expected to not engage in conduct that is directed at an individual because of their protected class and that subjects the individual to different treatment to interfere with or limit the ability of the individual to participate in, or benefit from, the services, activities, or privileges provided by the college, or otherwise adversely affects the individual's employment or education.
Disruptive Behavior: The following behaviors are considered disruptive and are prohibited:
- Behavior that disrupts an individual or group in college operations or the rights or ability of others to participate in college instruction, activities, programs, or services.
- Behavior that is obscene, lewd, violent, abusive, profane, boisterous, unreasonably loud, or otherwise disorderly.
- Obstructing, impeding, or otherwise blocking normal traffic pattern (i.e., doorways, hallways, sidewalks, and roads).
- Leading or inciting others to disrupt scheduled and/or normal activities of any campus building or area.
Drugs and Other Controlled Substances: Unauthorized use, possession, manufacturing, or distribution of any illegal drugs or drug paraphernalia is prohibited. Use or possession of prescription drugs other than by the person prescribed or for use other than the prescribed purpose is also prohibited. Pursuant to federal law, the use of cannabis, including medical use, is prohibited on college property and at college sponsored activities. Information about the Controlled Substances on Campus policy can be found at Southeast Policy 703.
Harm to Person: Behaviors that intentionally or recklessly endanger the health and safety of any person(s) including oneself are prohibited.
Hazing: An act which endangers the mental and physical health or safety of an individual; subjects an individual to public humiliation or ridicule; 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 is prohibited.
Retaliation: Retribution of any kind taken against a student, staff, faculty, or community member for reporting or enforcing the code of conduct is prohibited.
Sexual Violence: These prohibited behaviors are outlined in Southeast Policy 138 and defined in the Minnesota State Board Policy 1B.3 Sexual Violence Policy.
Smoking/Vaping/Tobacco Use: Smoking, vaping, or the use of other tobacco/nicotine products is prohibited within all college buildings. Information about the Tobacco-free Environment policy can be found at Southeast Policy 706.
Theft: The unauthorized borrowing, possession, taking, or use of any college, public, or private property or service without explicit permission or authorization is prohibited.
Threatening Behavior: Written or verbal statements that involve an expressed or implied threat to interfere with an individual’s personal safety, safety of property, academic efforts, employment, or participation in college-sponsored events is prohibited.
Unauthorized Access/Use: The misuse of access privileges to college properties or facilities and services or private data or unauthorized entry to or use of college facilities, property, or services is prohibited. The unauthorized possession, duplication, or use of keys or identification cards or passwords to access any college property or facilities; including obtaining or providing to another person the means of such unauthorized access, including but not limited to using or providing keys, access cards, passwords, or access codes without authorization is prohibited.
Unauthorized Audio/Video Recording or Photographs: Any unauthorized use of electronic or other devices to make an audio or video recording of any person while on college property without their prior knowledge, or without their affirmative consent when such a recording is likely to cause injury or distress is prohibited. This includes but is not limited to making audio, video, or photographic images of another person in a location where there is a reasonable expectation of privacy such as fitness center, locker room, restroom, etc.
Vandalism: Damage to any college or state property or other’s property on college property is prohibited.
Violation of Law: Violation of local, state, or federal laws on college property, or off-campus when the violation is directly related to the college community or constitutes as a felony under state or federal law, is prohibited.
Weapons/Firearms: The possession of dangerous weapons of any kind (including, but not limited to firearms of any type, tasers, illegal chemical sprays, swords, slingshots, paintball guns, BB guns, airsoft guns, toy guns that appear to be real, bow and arrows, illegal knives and knives used to threaten and/or cause harm or whose primary purpose is that of a weapon) and ammunition is not permitted on college property. No person may display or portray as real any object that resembles a weapon. Using an object to threaten or cause harm is prohibited.
PART 3. SANCTIONS
A sanction is a consequence placed upon any student who is found in violation of the Student Code of Conduct. Sanctions help define the student’s relationships with Southeast in the context of current and potential future behavior. The sanctions listed below are assigned based on the severity of violation and/or past conduct history. This list is not a progression that students go through.
- Warning - A warning is an oral or written notice to students that their conduct has been inappropriate. The warning will note that future violations may result in more serious sanctions. A verbal warning will always be followed up with a written summary of the warning to the student. The written warning or summary will be placed in the student’s record.
- Probation – A probation period is a specified period of time during which students will have an opportunity to remediate their behavior. Restrictions limiting participation in college classes, activities, spaces, or with certain individuals may be placed on students while they are on probation. Additionally, students may be required to complete specific actions during the probationary period.
- Suspension - Denial of the privilege of enrollment for a specified period of time after which the student is eligible to return. Conditions for re-admission may be specified. Notations of suspensions must be posted on transcripts in accordance with System Procedure 3.29.1.
- Expulsion - Permanent denial of the privilege of enrollment. Notations of expulsion must be posted on transcripts in accordance with System Procedure 3.29.1.
Summary Suspension
In certain circumstances, a summary suspension may be imposed prior to informal or formal proceedings. A summary suspension may be imposed only when the accused student's presence at Southeast would constitute a threat to the safety and well-being of members of the campus community. To the greatest extent possible before implementing the summary suspension, the accused student must be given oral or written notice of the intent to impose summary suspension and must be given an opportunity to present oral or written arguments against the imposition of the suspension. However, the refusal of a student to accept or acknowledge this notice must not prevent the implementation of a summary suspension.
Notice of the summary suspension must be provided in writing to the student. After the student has been summarily suspended, the student must be provided an opportunity for an informal process or formal hearing within the shortest reasonable time period, not to exceed nine (9) school or business days. During the summary suspension, the student may not be present at Southeast or participate in any Southeast activities without obtaining prior permission from the administrator.
PART 4. STUDENT CONDUCT COMPLAINT REVIEW PROCESS
Any member of the college community may file a written complaint alleging that a student or organization has violated the Student Code of Conduct. The written complaint should be submitted as soon as possible after the incident using the following form: Incident Reporting Form
The individual(s) filing the complaint shall be informed of their rights under the Minnesota Statute 13.04, subdivision 2 [Sec. 13.04 MN Statutes]. The complaint is reviewed by the Dean of Students or designee to determine if there is sufficient evidence to support the complaint.
Based on the initial review, if it is determined that there was likely not a violation of the Student Code of Conduct, or if it is determined there is not enough information available to move forward, the student conduct process do not proceed. All reports and records will be maintained as appropriate.
If, based on the initial investigation, it is determined that there likely was a violation of the Student Code of Conduct, the conduct officer will schedule a meeting with the accused student(s)
No less than two (2) business days prior to the meeting, the student shall be given written notice via email with the date and time of the meeting, and the policies that will be discussed. In incidents where multiple individuals are involved, meetings will be held for each student, unless the conduct officer allows otherwise.
During the meeting, the conduct officer will discuss the policy(ies) as outlined in the email requesting the meeting and review the complaint with the student(s). The complaint may include student/staff report(s), police report(s), and/or other documents that contain additional information.
If a student chooses not to attend the meeting, a decision will be made without the student’s perspective, based on the information available. The student will receive the conduct hearing officer’s decision via their Southeast email.
The student may have an advisor present at the meeting, who may remain through the meeting and serve only in a consulting capacity to the student. The advisor may not address the conduct officer or speak for the student. The student may consult with the advisor at any time during the meeting.
The Southeast staff member will determine if the student is responsible or not responsible for violating the Student Code of Conduct.
A preponderance of evidence is reached when a Southeast staff member determines, based on all the information available, that it is more likely than not that the alleged violation occurred.
PART 5. APPEAL
Students have the option to appeal a decision within ten (10) business days upon receiving a notification of the outcome of the student conduct procedure
An appeal shall be limited to a review for one or more of the following purposes:
- To determine if the student conduct procedure was followed appropriately and implemented fairly, and whether the student had a reasonable opportunity to prepare a response.
- To determine whether the decision of responsible was based on a preponderance of evidence.
- To determine whether the sanctions are reasonable and consistent with similar outcomes and cases.
- To consider new information pertinent to the case that was not available at the time of the original meeting.
The president or designee will have ten (10) business days to respond to the appeal in writing to the student. Possible outcomes of the appeal include upholding the previous decision and/or sanctions, changing the violations and/or sanctions, or referring the case to a Student Code of Conduct Hearing Board for a formal hearing.
To request an appeal, complete the Student Conduct Procedure Appeal form.
Students who are suspended for 10 days or longer or are expelled from the college also have the right to a contested case hearing under Minn. Stat. Ch. 14.
PART 6. SUSPENSION AND EXPULSION APPEAL (FORMAL HEARING)
A student who is subject to a sanction of expulsion or suspension, except summary suspension, may agree to accept the sanction, or may request, in writing within two (2) business days of delivery of the decision, a formal hearing prior to the implementation of the sanction.
In the event of a formal hearing, the college administration will select a Student Code of Conduct Hearing Board. The board will consist minimally of one faculty member, one staff member, and one student member. Training will be provided by an impartial trainer designated by the college. A college administrator, selected by the college president, will facilitate the proceedings. The administrator will not participate in the deliberations or decision making of the panel and shall not be the administrator who delivered the sanction being appealed.
A written notice of findings and conclusions will be provided to the student within ten (10) school days after the hearing. After which, students also have the right to a contested case hearing under Minn. St. Ch.14. Students may invoke a Ch.14 hearing by notifying the Dean of Students within ten (10) business days of the decision on their appeal.
PART 7. STUDENT RIGHTS AND RESPONSIBILITIES
Students involved in the conduct process have the following rights:
- To review the complaint.
- To meet with a Southeast staff member to discuss any information they would like to share about the complaint.
- To bring individuals (witnesses) to the meeting that may provide further clarification on the situation. The person cannot also be named in the complaint.
- To bring an advisor (parent, guardian, confidant) to provide the student with emotional support and help them navigate the Student Conduct Procedure.
- To appeal the decision.
Students involved in the conduct process have the following responsibilities:
- Be honest and respectful throughout the conduct process.
- Comply with all agreements reached or decisions rendered.
Date of Implementation: April 28, 2006
Dates of Reviews: December 28, 2010; October 23, 2013; May 2020; November 20, 2024
Dates of Revisions: September 29, 2008; February 7, 2011; October 23, 2013; May 13, 2020; April 27, 2022; November 20, 2024