Student Conduct Process
1: Student Conduct Complaint
Any member of the University community may file a complaint against a student for an alleged violation of the Code. A complaint should be submitted as soon as possible after the event takes place or when an individual is made aware of a potential event of concern. The Office of Student Rights and Responsibilities assists members of the University community in answering questions, addressing concerns, and preparing complaints.
The individual who filed the complaint has the ability to indicate their desired response to the complaint. The wishes of the individual who filed the complaint will be taken into consideration in determining the institutional response.
Respecting one’s right to privacy is important to the University with respect to the privacy of the involved individuals. Students can be assured that when they share information with medical, police, and/or University officials, such information will be handled professionally and within the framework of each agency’s governing body privacy limitations (e.g., state law, licensing bodies, FERPA).
A student’s privacy concerns are weighed against the needs of the University to respond to acts of harassment, including sexual misconduct. Information is shared on a limited basis and only with individuals who need to know to provide assistance and/or response to the complaint. When an individual files a complaint and requests that their name not be revealed to the accused person, the University’s ability to respond may be limited.
Harassment and discrimination complaints may also be directed to the University’s Director of Equal Opportunity/Affirmative Action and Title IX Coordinator. Please see the Preventing and Responding to Domestic Violence, Dating Violence, Sexual Assault, and Stalking policy for additional information.
Reports taken by Housing staff members, reports created by University members, and police reports will be considered complaints. The University may choose to consider information received from individuals and organizations outside of the University as a complaint.
All complaints will be reviewed by a SCA for consideration in the student conduct process. In review of a complaint, it may be determined that additional information is needed to determine a course of action. If it is determined that additional information is needed, an SCA may investigate the nature of the complaint to determine if a violation of the Code may have occurred.
If it is determined that the information indicates that a violation of the Code occurred, the complaint will be referred to the administrative student conduct process or the student conduct suspension process. If it is determined that the information indicates that a violation of the Code did not occur or that there is insufficient information to indicate a violation of the Code did occur the complaint will be closed. If the complaint alleges that harassment or an act of sexual misconduct has occurred, the complainant also has rights within the student conduct process.
Only relevant information will be considered in making decisions within student conduct process.
In some circumstances the SCA may determine that mediation between the person who filed the complaint and the accused student is appropriate and choose to work with those involved rather than going through a student conduct process. If a resolution is not met through mediation the SCA may refer the complaint to a student conduct process. In cases involving alleged harassment, discrimination, and/or sexual misconduct mediation will not be used.
Student Conduct Complaint Process Flowchart
2: Student Rights
A student has the following rights:
- To be treated fairly;
- To be notified of any proceeding which they are able to attend;
- To be notified of the alleged violation(s) of the Code, also known as charges, and the possible consequences that may result;
- To be heard by a fair and impartial decision maker;
- To know the identity of those who made the complaint;
- To choose to be accompanied by a personal advocate;
- To choose to offer information on their own behalf;
- To be notified in writing of any sanctions or actions which have been assessed;
- To be notified in writing of the appeal process; and
- To review their discipline record.
In certain circumstances a student may have the additional following rights:
- In an incident of alleged violence, the individual who submitted the complaint may be notified of the outcome of any student conduct process (FERPA Regulations), and
- In an incident of alleged sexual misconduct, the individual who submitted the complaint and the accused student have the same rights (SBHE Policy 514).
A student may choose to participate or not participate in any portion of the student conduct process. If a student does not attend a scheduled student conduct proceeding, the student conduct proceeding will continue in their absence. Choosing not to participate or failing to attend any portion of a student conduct process is not interpreted as an admission of responsibility nor a basis for additional sanctions.
3: Standard of Determination
The student conduct process is educational in nature and determination of responsibility for all alleged violations of the Code is based on the preponderance of information standard. The preponderance of information standard is also used for appeals of student conduct decisions. The preponderance of information standard is defined as more likely than not. An anonymous complaint cannot provide satisfactory information to determine that a student has violated the Code.
A finding of a court of law after the completion of a student conduct process does not change the outcome, but it may be considered during an appeal process.
4: Interim Measures
An SCA may enact interim measures during a student conduct process in the best interest of the academic experience and well-being of members of the University community. Interim measures may be placed during the investigative phase of the student conduct process. All interim measures will be removed upon the completion of the student conduct process.
Interim measures include, but are not limited to:
- Alter an academic schedule and/or coordinate arrangements with instructors to assist in offsetting potential academic problems;
No Contact Directive;
- Restriction(s) on access to all or to specified campus facilities, buildings, or other locations; services; or events;
- Residence hall transfer, residence hall floor transfer, restricted access within the residence halls, restricted access to dining services, and removal and/or ban from the residence halls and/or dining services for a specified period of time;
- Restriction(s) on driving on or parking in University-controlled streets, roads, and parking lots; and/or
- Emergency Suspension.
If a student is found in violation of the Code the student is subject to any, and all, sanctions imposed through the student conduct process.
A: Status Sanctions
Written Reprimand. Written reprimand refers to official censure of a student’s conduct in violation of a regulation of the University community. A written reprimand indicates no ongoing status change for the student.
Warning Probation. Warning probation indicates that further violations of the Code may result in more severe disciplinary action. Warning probation is imposed in conjunction with other sanctions for the period of time that other sanctions are pending. Upon completion of all pending sanctions or one calendar year, whichever comes first, the student is automatically removed from warning probation.
- Conduct Probation. Conduct probation indicates that further violations of the Code may result in suspension. Conduct probation is imposed for a period of not more than one year and the student is removed from conduct probation automatically when the imposed period expires.
B: Restrictions or Educational Activities Sanctions
The SCA or hearing panel may impose additional sanctions. Such sanctions may include, but are not limited, to:
No Contact Directive. A directive to refrain from any intentional contact, direct, or indirect, with one or more designated persons or group(s) through any means, including personal contact, e-mail, telephone, or through third parties. Failure to adhere to a no contact directive may result in further disciplinary action.
- Suspension of or restriction(s) on access to all or to specified campus facilities, buildings, or other locations; services; or events.
- Residence hall transfer, residence hall floor transfer, restricted access within the residence halls, restricted access to dining services, and removal and/or ban from the residence halls and/or dining services for a specified period of time.
- Suspension of or restriction(s) on driving on or parking in University-controlled streets, roads, and parking lots.
- Restitution for cleaning, replacing, or restoring a specific area or thing when loss or damage was a result of the student’s disciplinary violation.
- Referral for an assessment to the University Counseling Center or another mental health provider.
- Mandated community service and/or participation in campus educational programs.
- Mandated participation in one or more campus activities, lectures, or workshops, and/or other activity that employs an educational purpose and accepted pedagogy.
In student conduct processes involving student organizations, the SCA or hearing panel may impose sanctions that include but are not limited to:
- Restrictions on activities involving the recruitment of new members.
- Restrictions on, or suspension of, the use of University facilities (including meeting rooms, grounds and/or equipment).
- Restitution for cleaning, replacing, or restoring a specific area or thing when loss or damage was a result of the organization’s disciplinary violation.
- Restrictions on, or suspension of, the use of University services (e.g., Student Involvement Center, Duplicating, Dining Services, Transportation, Campus Postal Services, etc.).
- Mandated participation in special activities or campus events.
- Restrictions on, or suspension of, requesting funds from the Student Organization Funding Agency.
- Restrictions on, or suspension of, practices related to the solicitation of funds on campus for the support of organized activities.
Suspension may be imposed as the result of the student conduct suspension process. Suspension may be imposed in conjunction with other sanctions. The VPSA or designee will direct a disciplinary withdrawal of a student who has been suspended.
Suspension will normally be for at least the remainder of the semester in which the sanction is imposed and will normally result in the cancelation of registration of the student. Suspension may be imposed for a specific period of time or an indefinite amount of time. Conditions to be met prior to reinstatement may be included with a suspension.
Suspension is a withdrawal of enrollment privileges and a ban from campus owned, leased, or controlled property and university events and activities. Student organizations who are suspended from the University will have their recognition as a student organization revoked.
An emergency suspension may be imposed through the emergency suspension and conditions process.
D: Enhanced Sanctions for Bias-Motivated Violations
A student found in violation of the Code may receive more severe or enhanced sanctions up to, and including, suspension if the violation is determined to be motived by bias.
Bias means behavior motivated by actual or perceived race, color, genetic information, national origin, religion, sexual orientation, gender identity, sex, age, creed, marital status, veteran’s status, political belief or affiliation, or physical, mental, or medical disability of another person or group.
6: Compliance with Sanctions
A: Student Compliance with Sanctions
A student in violation is responsible for completing the sanctions imposed through the student conduct process within the timeframe stated in the decision letter. If a student does not complete the sanctions or violates the sanctions as prescribed, the student will be prohibited from registering.
If a student has already pre-registered and the sanction has not been completed, the student’s classes may be canceled.
B: Student Organization Compliance with Sanctions
Student organizations that do not complete the sanctions or violate the sanctions as prescribed will no longer be considered in good standing and will not be entitled to the rights or privileges of student organizations.
C: Reinstatement Following a Suspension
Reinstatement for students following a suspension involves the following procedure:
- The suspended student applies in writing to the VPSAD for reinstatement,
- The VPSAD or designee reviews the record and ensures that the conditions (if any) for reinstatement have been satisfied,
- The VPSAD or designee will either grant or deny the application. The student status of the complainant student may be a factor among others in determining the reinstatement of the suspended student, and
- If the VPSAD or designee reinstates the suspended student, the student must still complete the readmission process through the University.
Reinstatement for student organizations following a suspension involves the following procedure:
- The suspended student organization applies to the VPSAD for reinstatement,
- The VPSAD or designee reviews the record and ensures the conditions for reinstatement have been satisfied, and
- The VPSAD or designee will either grant the reinstatement or deny the application.
7: Disciplinary Records
Disciplinary records are separate from the student’s academic record. Disciplinary records are considered a part of the student’s educational record. A student’s disciplinary record is confidential and may not be disclosed in whole or in part except as allowed in the Educational Records section of the Code, upon written request of the student, or in response to a court order.
- An individual student’s disciplinary record consists of:
- A copy of the notification letter sent to the accused student;
- All documents, information, and materials admitted in the hearing or provided to the student during the student conduct process;
- If applicable, the audio recording of the hearing, which is the sole official verbatim record of the hearing and is the property of the University of North Dakota; and
- A copy of the decision, if applicable.
- A copy of the notification letter sent to the accused student;
- The result of a hearing involving a student organization is not subject to FERPA. The records of student members of student organizations are subject to FERPA. The charges, findings, and sanctions for the student organization will be considered public information. Personally identifiable information will be redacted or omitted from any disclosure document.
- The office of record for disciplinary records is the Office of Student Rights and Responsibilities. Records are kept according to the general records retention schedule. Records are considered active until the matter is resolved. After the matter is resolved the records are retained in accordance with the general records retention schedule, currently six years following the current academic year.
- Students who wish to review their disciplinary or hearing records may contact the Office of Student Rights and Responsibilities to schedule an appointment to conduct a review of these records.
Students who wish to challenge specific data or information in an educational record or who wish to amend their records should refer to the Educational Records section of the Code.