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Student Groups Conduct
The University of Minnesota Duluth has a campus-wide conduct process for student groups, managed by Kirby Student Center, Recreational Sports and Outdoor Programs (RSOP), and the Office of Student Conduct and Conflict Resolution (OSCCR) that handles most complaints under Board of Regents Student Conduct Code.
The Board of Regents Student Conduct Code defines a Student Group as "any group of students that is or has been registered as a University student group under applicable University policies or procedures."
The purpose of the student group disciplinary procedure is to provide a framework for resolving complaints about violations of Board of Regents Student Conduct Code, so that:
- Informal resolution is encouraged. The conduct process encourages informal resolution of complaints where appropriate.
- Student development is emphasized. The conduct process emphasizes the educational purpose in student group conduct, including helping students understand and accept responsibility for their own behavior.
- Community interests are met. While the emphasis of the conduct process is on responsible student group self-development, the nature of the offense may require, in fairness to the community, the imposition of educational sanctions.
- Student groups receive fair treatment. Most conduct matters are resolved informally, with the agreement of the student group. When the people involved are unable to reach agreement, however, Board of Regents Policy: Student Conduct Code requires that student groups have the opportunity to receive a fundamentally fair hearing and a campus-wide appeal.
Definitions of Disciplinary Offenses and possible Sanctions can be found in the Board of Regents Student Conduct Code, Sections IV and V.
Student Group Conduct Procedures
- If the incident could be considered a violation of University policies or rules (see Board of Regents Student Conduct Code Section IV Subd.19, University rules), but does not otherwise pertain to the Student Conduct Code, the following process is used:
- Report form is filed with the office that provides and upholds that particular policy (either Kirby Student Center or RSOP).
- If the incident could pertain to other sections of the Student Conduct Code, the following process is used (see flow chart above):
- Report form is filed with Kirby Student Center, RSOP and/or OSCCR. OSCCR and Kirby Student Center or RSOP staff determine whether to call together a core group meeting to review the report which shall consist of staff members from:
- Kirby Student Center, RSOP, and OSCCR
- Office of Student Life
- Greek Life staff, if applicable
- Faculty or staff from the sponsoring department of the student group, if applicable
- Other University stakeholders as appropriate
- Student group officers receive communication to their UMD email with a charges and an invitation for student group members to participate in an investigation.
- If deemed necessary the Student Group may also receive an Interim Student Group Suspension with the option to request a hearing on the interim suspension.
- An investigation is conducted, and OSCCR determines if individual students should also be charged, and makes a decision using the Preponderance of the Evidence standard. If individual student’s are charged see procedures under Primary Conduct Procedure. Procedures may proceed in tandem.
- If there are no findings of responsibility no further action is taken and the case is closed.
- If OSCCR determines the Student Group is responsible for violating the Student Conduct Code an Initial Resolution will be offered. The Student Group may then:
- Accept Initial Resolution and request the hearing officer take appropriate action.
- Reject Initial Resolution and invoke their right to a Formal Hearing with the Student Hearing Panel.
- NOTE: A Student Group may take up to five calendar days to accept or reject the Initial Resolution offered in the conduct conference. At the expiration of five calendar days, any lack of response will be deemed an acceptance of the resolution.
- If the Student Group accepts the Initial Resolution they are required to complete all sanctions as described. Instructions will be sent via UMD email.
- Once any sanctions associated with the Initial Resolution are complete the case is closed.
- If the Student Group rejects the resolution offered and invokes their right to a Formal Hearing a Student Hearing Panel will be convened.
- The Student Hearing Panel will hear the case and make a determination of responsibility and if appropriate will assign sanctions. These decisions are separate from the Initial Resolution offered and may be the same or may be different, they may be more or less stringent based on the panel’s determination.
- Outcomes of the Formal Hearing are communicated to the Student Group via UMD email in a timely manner.
- Once the conditions of the Student Hearing Panel’s decision have been met the case is closed.
- The Student Group has the right to appeal either the Initial Resolution or the Formal Hearing decision based on the following grounds:
- New information became available that was not known at the time of the hearing;
- A major procedural error was made, or;
- The sanction assigned was inconsistent with current sanctioning.
- Appeals must be made in writing within 5 week days of the date of the outcome letter using the Appeal Petition.
- The Student Appeals Panel will convene to review the appeal. The panel may accept, modify, or reject the decision of the hearing body, or return the matter for further proceedings. The decision of the Student Appeals Panel is final.
The president or delegate may impose an immediate interim suspension on a student or student group pending a hearing before the appropriate disciplinary committee (1) to ensure the safety and well-being of members of the University community or to preserve University property, (2) to ensure the student's own physical or emotional safety and well-being, or (3) if the student or student group poses an ongoing threat of disrupting or interfering with the operations of the University. During the interim suspension, the student or student group may be denied access to all University activities or privileges for which the student or student organization might otherwise be eligible, including access to University housing or property. The student or student organization has a right to a prompt hearing before the president or delegate on the questions of identification and whether the interim suspension should remain in effect until the full hearing is completed. The student must be informed in writing of the terms of the interim suspension, the reasons for it, and the opportunity to be heard on the limited questions described above. The underlying Board of Regents Policy: Student Conduct Code case will be heard and decided by the appropriate hearing body.