Student Conduct

Students are encouraged to attend their scheduled meetings. Students have an opportunity to ask any questions and learn more about the process prior to discussing the situation with their student conduct administrator (SCA). Front desk staff are unable to answer specific questions regarding individual cases that are in progress.

Rescheduling requests may be directed to Community Standards by calling 701-777-2664. Students who have a scheduling conflict are asked to provide at least 24 hours of notice to Community Standards.

Often, reports involving alleged student misconduct are referred to Community Standards from the University Police Department or other law enforcement agencies, the UND Housing office, students, or faculty. 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 becomes aware of it. Community Standards can assist in answering questions, addressing concerns, and preparing complaints.

All complaints will be reviewed by an SCA. During review, it may be determined that additional information is needed. If this is the case, an SCA may investigate to determine if a potential violation may have occurred. Investigations involve the report(s) receives, parties involved, witnesses, victim(s) (if any), and the accused student.

If it is determined that the information gathered indicates a violation of the Code may have occurred, the complaint may be referred to a student conduct process. If it is determined that the information suggests a violation of the Code did not occur, or there is insufficient information to indicate a violation of the Code occurred, the complaint will be closed.

If a complaint alleges that violence, harassment, or an act of sexual misconduct has occurred, the complainant may have additional rights within the student conduct process.

The Code includes a list of behaviors that are not appropriate in our community. Examples include:

• Violation of criminal or civil laws
• Acts of dishonesty
• Act against self or others
• Disruptive activity or disorderly conduct
• Violation of any University policy, rule, or regulation
• Sexual misconduct

UND is first and foremost concerned about student safety. Community Standards can assist students with safety planning as well as inform them of the various options for resolving their complaint(s). Referrals may also be made to other offices on campus which can provide additional resources.

Yes. However, the criminal justice system and the student conduct process are independent of each other. Student victims are encouraged to discuss their situation with a police officer to help decide whether to file a complaint with law enforcement. In most cases, it is up to the victim to decide if they wish to file a complaint.

A college or university’s student conduct process does not lead to anyone being convicted of a crime. It is a process to determine if a student is to be found responsible for violating the Code. In most cases, student conduct records are maintained by UND for seven years.

There are several differences between the systems. First and foremost, rules governing the handling of student conduct matters at institutions of higher education are different from criminal statutes. Criminal prosecutions take place only when violations of the law are alleged. On campus, there are many types of conduct violations that may not be violations of the law (such as academic dishonesty).

Another difference is that the campus process is usually private whereas a criminal prosecution creates public records. For more on the limitations on disclosure of student records, see the section below on the Family Educational Rights and Privacy Act (FERPA). Many states have laws defining public information and regulating its use.

Finally, the student conduct process is educational. The sanctions imposed tend to focus on student growth and development, and identifying and repairing harm to the community, to victims, and to the institution. They also consider what the accused student can learn from the situation and help connect the student with support. The process focuses on encouraging the student to understand how their behavior violated community standards, and how they can make positive choices in the future. UND's primary concern is maintaining a safe environment.

Students who are charged with a violation have due process rights, including the right to present information on their own behalf. All hearings are conducted in private. Formal rules of process, procedure, and/or technical rules of evidence, such as those that are applied in criminal or civil court, are not used in the student conduct proceedings.

Determination of responsibility for all alleged violations of the Code is based on the preponderance of information standard. This standard is defined as more likely than not. An anonymous complaint cannot provide satisfactory information to determine that a student has violated the Code.

The preponderance of information standard is also used for appeals of student conduct decisions.

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.

Sanctions are determined holistically and individualized based on the reported behavior and identified needs of the students. Sanctions are generally educational in nature and most times can be completed on-campus.

Sanctions often entail specific deadlines. Deadlines help ensure timely intervention, follow-through, and support for students. If a student does not complete an assigned sanction by the deadline, the student may experience additional, more severe consequences.

Generally, minor violations have no long-term impact. A more serious violation can have significant consequences for a student. Graduate school admissions and some job applications screen for a pattern of inappropriate behavior. It is generally acknowledged by most colleges and universities that testing limits and making mistakes are part of how students develop and mature. However, if students do not demonstrate how they learned from those incidents, and change their behavior over time, this can heavily impact their future academic and professional opportunities.

Any decision will be rendered to the student in writing within five business days of the conclusion of the hearing; or, in suspension cases, within one year of the hearing decision. Appeal information will be included in the written notification.

Grounds for appeal may be based on such things as:

• New information,
• Contradictory information, and/or
• Information that indicates the student in violation was not afforded due process