Student Code of Conduct Resource Guide
A guide to understanding the University's Student Conduct Process
Mission
In holding students accountable for their actions, Student Conduct promotes and enforces the responsibilities students agree to when they enroll at Minnesota State University, Mankato. Our goals in working with students include helping them find a renewed sense of integrity and civility, and maintaining a safe and supportive environment for everyone’s education and growth.
The Office of Student Conduct assists students with student concerns, including but not limited to:
- Consult, collaborate and refer: work with faculty and staff partners to support student success
- Oversee the student disciplinary process
- Provide support to students and parents in challenging situations
- Lead the CARE Team
- Provide educational presentations and campus outreach
Faculty and staff in every position on campus play an important role in mentoring students and supporting retention. Early intervention is key if a concern arises. Through teamwork, we enhance student success.
Introduction
The Student Code of Conduct is influenced by the Minnesota State University, Mankato’s statement of Core Values.
Minnesota State Mankato is an innovative, student-centered learning community that values:
- Integrity and respect in the way we conduct ourselves;
- Diversity in who we are and what we do;
- Access to our programs and services that create opportunities for all to pursue their dreams;
- Responsibility to those we serve by providing an education that inspires solutions to society’s challenges; and
- Excellence in our academic and non-academic pursuits.
Minnesota State Mankato encourages scholarship and is committed to the acquisition of knowledge. A student’s first responsibility is to study. The University identifies responsibilities expected of students as members of this learning community to allow individuals to pursue successfully their educational, professional, and personal objectives. The University is committed to the following community standards:
- Academic and personal integrity
- Safe environment and personal safety of self and others
- Civility and respect for self and others
- Responsible use of University facilities and property
Policy Statement
Students are dual members of the Minnesota State University, Mankato community and the greater society. Upstanding behavior is expected of all student regardless of location. Students who engage in alleged violations of the Student Code of Conduct Policy may also face criminal penalties outside the University. This policy is not intended to replace federal, state or local legal processes.
The Student Code of Conduct was established by students, faculty, and staff to clarify behavioral expectations of students. The following responsibilities promote a sense of community where maturity, personal accountability and positive regard for the well-being of others frame choices and decision-making.
- Integrity: Minnesota State University, Mankato students are expected to exercise informed and responsible action to address ethical challenges and recognize the ethical implications of their interactions.
- Access and Diversity: Minnesota State Mankato students recognize and value diverse perspectives and the interdependence among communities to broaden perspectives, encourage collaboration and promote unity.
- Responsibility: Minnesota State Mankato students continue to learn, cultivate self-awareness, and personal and civic identity to be ethical and productive difference-makers in a global society.
- Excellence: Minnesota State Mankato students are expected to engage in behaviors that enhance the well-being of self, others and the environment.
Student Right to Due Process
You have the right to receive:
- Written notice of the alleged misconduct and policies allegedly violated.
- An explanation of the complaint against you.
- A chance to share your side of the story and present witnesses, if desired.
- The option of being accompanied by a support person who can advise you, but not participate directly.
- Written notice of the decision sent by confidential email.
- A timeframe and instructions for appealing in accordance with applicable grounds, if you are found responsible for some or all of the allegations.
You have the responsibility to:
- Be truthful. Information disclosed is voluntary. You are encouraged to share information to help the conduct officer fully understand your perspective. Providing false or misleading information is grounds for more severe disciplinary action.
- To read and understand the information provided in the Residential Life Student Guide, Housing Contract and Student Code of Conduct
- Read and ask questions about all correspondence form the conduct officer.
- Open your emailed outcome letter and fulfill sanctions in a timely manner.
Procedures
- Any member of the University community may submit a complaint by going to the University’s referral and reporting landing page or appropriate departmental form.
- A student alleged to have violated the Student Code of Conduct will be notified in writing an explanation of the alleged violation(s), the nature of the evidence, and the date, time, and location of an upcoming disciplinary meeting from a conduct officer. Letters will be sent using MavMAIL, the official means of University communication.
- The alleged student will be offered an opportunity to meet with a conduct officer to resolve the violation at an informal meeting. The conduct officer may invite a note taker. During the meeting the conduct officer will review the complaint with the student and allow the student to acknowledge or refute the complaint and share their side of the story before a decision is reached and sanctions are shared. However, if the student fails to read the letter or fails to attend the meeting, the conduct officer may proceed to review and act upon the complaint without benefit of the student’s input.
- Students may choose to bring a support person to serve as an advisor during the meeting. An advisor may not participate in questioning or presentation of information. Any advisor, including an attorney or parent, who attempts to participate directly may be dismissed for the remainder of the meeting. It is up to the student to pick an advisor available at the designated date and time. Attorney schedules are not taken into consideration when scheduling conduct meetings since it is an educational process, not a criminal proceeding. An advisor cannot serve as a witness. Only one advisor is allowed to sit in with a student during informal conduct meetings or formal conduct hearings.
- Within a reasonable time period following the meeting, the conduct officer will inform the student in writing of the decision and whether a violation of the Student Code of Conduct was established by a preponderance of evidence. The outcome letter will also identify any applicable sanctions as well as options for an appeal. Letters will be sent using MavMAIL, the official means of University communication. A “hold” may also be placed on the student’s future course registration pending resolution of the matter and completion of sanctions.
Accommodations
Minnesota State University, Mankato is committed to providing an accessible conduct process to all students. Students requiring an interpreter or other individual accommodations based on medical documentation of a physical or mental disability may contact the Office of Student Affairs at (507) 389-2121 and/or Accessibility Resources at (507) 389-2825 prior to your conduct meeting, and we will work together to support your participation in the student conduct process. All materials are available in alternative format to individuals with disabilities by calling the Office of Student Affairs at (507) 389-2121 (V), 1-800-627-3529, or 711 (TTY).
Retaliation Prohibited
Retaliation against an individual for making a complaint or participating in a disciplinary proceeding is prohibited and subject to disciplinary action.
Accountability and Imposition of Sanctions
When a student is found responsible for a violation of the Student Code of Conduct, based on a preponderance of evidence, the student may be assigned a disciplinary action or placed on disciplinary warning or probation. A full list of disciplinary actions can be found in the Student Code of Conduct Procedure. The accused student will be notified of the date that sanctions go into effect in the outcome letter.
A student assigned expulsion or disciplinary suspension of more than nine (9) days may be permitted to remain on campus pending the outcome of a campus level of appeal under specified terms and conditions, e.g., restricted access to certain facilities, limited time on campus, etc. Sanctions and restrictions that are upheld on appeal go into effect regardless of a pending Chapter 14 hearing.
Appeal Process
An appeal opportunity is afforded to students disciplined for an alleged violation of the Student Code of Conduct. The student must submit an appeal by the deadline imposed in the outcome letter. An appeal is not a rehearing of the case. An appeal meeting will be scheduled if there is sufficient reason to believe that one or more grounds articulated in the student’s appeal letter may have merit.
The following are grounds for appeal:
- New relevant information not reasonably available at the time of the conduct meeting.
- Evidence of a procedural error in the student conduct process that substantially impacted the outcome.
- Relevant information that the sanction is excessively severe.
Grounds for appeal do not include failure to read conduct letters; the stress, expense and inconvenience of relocation, contract termination or suspension; the cost of educational sanctions; disruption to studies; separation from friends; lack of familiarity with rules; good character; or a personal commitment to behaving better in the future. 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 promptly, and the appeal officer will determine if an appeal will be scheduled based on the reasons cited in the letter and the quality of the materials submitted. Possible appeal outcomes include:
- Upholding or overturning the previous decision
- Decreasing or increasing the sanction
- Referring the case for a new conduct meeting
For cases involving expulsion or suspension (except summary suspension) of more than nine (9) days, the student may:
- Submit a written appeal by the deadline provided in the outcome letter and waive their right to a Formal Conduct Hearing, or
- Request a Formal Conduct Hearing prior to the implementation of the sanction(s) as provided in the outcome letter.
If a student’s appeal is unsuccessful at the campus level, the student has a right to a contested case hearing under Minn. Stat. Ch. 14.
Formal Conduct Hearing
A student may request a Formal Conduct Hearing in cases where the outcome is expulsion or suspension of more than nine (9) days. A Formal Conduct Panel will be convened consisting of at least one faculty, one staff, one student, and the Dean of Students. The student panel member(s) will be appointed by the Student Government.
The student will be given the opportunity to speak and present a response to the complaint, present witnesses, question any witnesses, and have an advisor present. The advisor may provide advice to the student but may not participate in any questioning or presentation of information.
Written notice of the findings and conclusions, sanctions, and appeal information will be provided to the student within two weeks after the Formal Conduct Hearing.
Rehearing A Violation
If a student is found not responsible for an alleged violation, the University may later schedule another conduct meeting if new information is subsequently discovered that may have impacted the outcome. Such a rehearing may only occur if the new information could not have been found or produced, with reasonable diligence, at the original conduct meeting.
Definitions
For purposes of student conduct, the following definitions apply.
Hazing: any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that (1) is committed in the course of initiation into, affiliation with, or the maintenance of membership in, a student organization (e.g., a club, athletic team, fraternity, or sorority); and (2) causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization, of physical or psychological injury. See the Student Code of Conduct Policy for full list of examples.
Preponderance of Evidence: a standard of responsibility that is more likely than not that the Student Code of Conduct has been violated.
Student: the term "student includes all persons who:
- Are enrolled in one or more courses, either credit or non-credit, through the University.
- Withdraw, transfer, or graduate, after an alleged violation of the Student Code of Conduct.
- Are not officially enrolled for a particular term, but who have a continuing academic relationship with the University.
- Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid; and/or
- Are living in a University residence community although not enrolled at the University.
Summary suspension: a temporary suspension imposed without a conduct meeting, used as an administrative tool, to ensure the safety and well-being of members of the university community.
Deferred suspension: a student can avoid suspension by agreeing to and following conditional stipulations.
Suspension: denial of the privilege of enrollment for a specified period of time after which the student is eligible to return. Conditions for re-enrollment may be specified.
Expulsion: permanent denial of the privilege of enrollment at the University.
Disciplinary probation: a period of observation during which time a student is expected to demonstrate a willingness and ability to comply with University standards. A student on disciplinary probation is not in good standing with the University. If a student is alleged to have violated the Student Code of Conduct while on probation, more severe disciplinary consequences will be assigned. Disciplinary probation and academic probation are two separate probationary consequences.
Advisor: students may choose to bring a support person to serve as an advisor during a conduct meeting. An advisor may not participate in the meeting by answering questions or presenting information.
Witness: students may bring witnesses to present information on their behalf. However, witnesses cannot also be an alleged party in the incident.
Jurisdiction and Scope
All students, regardless of the location of their actions, must demonstrate good character as members of the University community. The University will address all violations of the Student Code of Conduct that occur on-campus, as well as certain off-campus incidents.
The University exercises the right to discipline a student before, after, or simultaneously with a legal proceeding. Campus disciplinary outcomes are not subject to change because criminal charges related to the incident were reduced or dismissed.
How is the conduct process different from a criminal investigation?
There are significant differences between the campus conduct process and the criminal justice process. The rules associated with institutions of higher education are NOT legal statutes and there are many university violations that are not violations of the law including, but not limited to, academic dishonesty, disruptive classroom behavior, Residential Life policies, etc. The conduct process is confidential whereas a criminal prosecution creates public records. Institutions of higher education use a preponderance of evidence as the standard of responsibility.
Off-Campus Conduct
The University may initiate conduct proceedings for off-campus incidents including, but not limited to, hazing, alcohol and drug violations, social host ordinance violations, etc., according to the Alcohol and Other Drug Policy.
The University may initiate the conduct process for off-campus incidents when:
- Hazing is involved; or
- The violation is committed while participating in a University sanctioned event or sponsored activity; or
- The victim of the violation is a member of the University community; or
- The violation constitutes a felony under state or federal law; or
- The violation adversely affects the educational, research or service functions of the University, e.g., riotous behavior.
Administration has sole discretion to decide whether the student conduct code will be applied to the conduct occurring off-campus. Factors considered include severity of the allegations, impact on the University, staffing capacity and the ability to obtain evidence in a timely manner.
Off-campus jurisdiction for alcohol and drug violations extends to:
- Significant first time alcohol or drug-related violations such as providing alcohol to minors, social host violations, distribution of illicit drugs;
- Repeated alcohol or drug-related legal violations;
- Substance use necessitating medical assistance; or
- Situations in which alcohol or drug use prevented the student from being able to fulfill essential functions or created a direct threat to the safety of others.
Residence Communities
Residential Life conduct procedures are articulated in the Residential Life Student Guide. Minnesota State University, Mankato reserves the right to deny or cancel a residence community contract to an individual whose conduct and/or criminal record indicates an actual or perceived threat or danger to the Minnesota State Mankato community, including students, faculty and staff.
Minnesota State Mankato may relocate any resident without cause or prior notice for health or safety reasons to protect Minnesota State Mankato property, restore operations, or meet the needs of the Minnesota State Mankato community or its individual members.
Investigations under the Minnesota State system’s 1B.1 Equal Opportunity/Nondiscrimination and 1B.3 Sexual Violence policies
Allegations of Title IX discrimination, bias harassment and sexual violence shall be investigated and resolved according to Minnesota State system’s 1B.1 Equal Opportunity/Nondiscrimination and 1B.3 Sexual Violence policies and their respective procedures. The Sexual Violence policy states, “Sexual violence is a continuum of conduct that includes sexual assault, non-forcible sex acts, dating and relationship violence, stalking, as well as aiding acts of sexual violence.”
The investigation may include alleged violations of the Student Code of Conduct, such as reported drug use during the incident, for review and action by the decision-maker. Sanctions and restrictions issued as the result of an investigation conducted under the Minnesota State system’s 1B.1 Equal Opportunity/Nondiscrimination and 1B.3 policies and their respective procedures go into effect immediately as noted in the decision-maker’s outcome letter regardless of a pending campus appeal or Chapter 14 hearing.
Student Organizations
Student organizations are recognized by the Student Government. Any complaints regarding the conduct of a student organization will be reviewed by the Student Government in accordance with the Student Government Constitution and Bylaws.
Complaints about fraternities and sororities affiliated with Interfraternity Council and Panhellenic Council are handled by the Assistant Director for Fraternity and Sorority Life.
Interpersonal conflicts between acquaintances or members of a student organization are typically referred to mediation or to applicable student organization review processes as an alternative to discipline. Mediation involves voluntary participation in a structured problem-solving process where a neutral third party assists disputing individuals in resolving their differences. Violation of the mediation agreement permits the case to return to the student conduct process if the dispute constitutes a possible violation of the Student Code of Conduct. Mediation often resolves roommate disputes, property/financial disagreements, incivility and conflicts between members of a student organization.
Social Media
Students are encouraged to become actively engaged in the University community. Social networking, e.g., Instagram, X (formerly known as Twitter), and other platforms, provide additional means for students to connect with one another. Communication on these sites is considered a public forum and can be viewed by anyone. To support personal safety and guard against identity theft, students are cautioned against including class schedules, birthdates, phone numbers and addresses on their profiles.
Suspected violations of law or University policies online may be submitted to campus officials and police for investigation and used in a disciplinary proceeding.
Academic Dishonesty and Classroom Disruptions
Incidents of academic dishonesty, e.g., cheating or plagiarism, and classroom disruptions are first addressed by the instructor. The student may be directed to leave the class or activity for the remainder of the period. Academic sanctions such as a failing grade or dismissal from the program will be determined by the instructor and academic program.
View the full Academic Integrity Policy
Confidentiality and Data Privacy
The Office of Student Conduct maintains student disciplinary records. These files are considered education records protected by federal and state data privacy laws. Education records cannot be released to a third party, including parents, without the student’s signed release of information or a court issued subpoena. Exceptions under the Family Education Rights and Privacy Act (FERPA) include University officials with a “need to know” as part of their job duties.
Under current state and federal data privacy statutes, disciplinary records are private and may be released to non-University agencies or individuals only with the written permission of the student or pursuant to a court order. Upon receipt of written permission from the student, information authorized for disclosure will be released to a third party in accordance with the signed release form. Further information can be found in the Minnesota State University, Mankato Student Education Records policy.
Student conduct records may be requested from future employers or educational institutions with signed consent of the student. Not every employer or educational institution will request these records. Student conduct outcomes of suspension and expulsion appear on the academic transcript. Lesser disciplinary outcomes do not appear on the academic transcript.
When investigating alleged student misconduct, Minnesota State University, Mankato asks students to provide data and information which may be private under state and federal law. The information will be used by the conduct officer and others whose jobs reasonably require access to the information in order to determine the facts and if any action should be taken. It may also be used in subsequent proceedings related to this matter.
Students are not required to disclose information during an interview or conduct meeting. If the student agrees to provide requested information it will be used to assist in the investigation. A student’s failure to provide the information requested will require a decision to be made without benefit of hearing the information that the student could provide.
The University expects that any information volunteered will be truthful. Dishonesty as part of the conduct process is grounds for subsequent disciplinary action and more severe consequences.
