WSU Student Conduct Policy

Student Citizenship Standards                         

Winona State University is an academic community committed to providing an environment of learning.  As such it has a vested interest in both the safety and well being of members of the University community, and for the promotion and protection of the educational mission of the University. 

The purpose of the Student Citizenship Standards is to provide an educational experience through which students learn to understand, accept, and promote attitudes conducive to responsive involvement; to provide a system by which students are held accountable for actions which violate University standards; and to protect the due process rights of students charged with violating these standards.  It is necessary for the University to establish and enforce citizenship standards for the following reasons:

1.               The University has a primary concern with matters which can affect academic achievement and integrity. 

2.               The University has a concern with conduct that interferes with the rights of others. 

3.               The University has a responsibility to investigate conduct which threatens the health and safety of members of the University community.

4.               The University has an obligation to protect its property and the property of community members from theft, damage, or misuse. 

5.                The University has a commitment to enforce its contractual agreements.

6.                The University has an obligation to support the laws of the city, state, and federal government.

All students are expected to comply with the Student Citizenship Standards.  Consequences for failing to comply could result in sanctions from the University.  Flagrant or repeated violations of the conduct standards could result in suspension or expulsion from the University.

The term "student" means any person who is currently registered or enrolled in one or more classes at the University or in any University-sponsored program or who is registered for a future term, including a faculty member or staff member so registered or enrolled. 

CONSTITUTIONAL RIGHTS:

Students have the rights accorded to all persons under the Constitution to freedom of speech, peaceful assembly, petition, and association.  Causes may be supported by individuals and organizations by lawful means that do not disrupt the operations of the University.  These rights carry with them the responsibility for each individual to accord the same rights to other students and groups and not to interfere with or obstruct the rights of others to use University facilities.

In cases of behavioral misconduct, students’ due process rights are as follows:

·         Written notice of the charges.

·         A prompt conference before the Conduct Officer.

·         The right to know the nature and source of the evidence to be used and to question it.

·         The right to present their own witness(es) and defense.

·         The right to have an advisor at the hearing       (The advisor may be an attorney when a student faces probable suspension or expulsion, or if there are criminal charges pending.  The advisor does not serve to represent the student by speaking for the student or by questioning witnesses). 

·         Written notice of the decision.

·         The right to appeal.

 NOTE: Please see the appeals process under Student Citizenship Standards Procedures in this section.

Where it is believed that the health, safety, or well being of either the accused student or a member of the University community are in serious question, a summary suspension (prior to a hearing) can be enacted by the Vice President for Student Life & Development or his/her designee.  The accused student has a right to a hearing within 72 hours to identify whether the suspension should remain in effect until a full hearing can be conducted.  At this hearing, conducted by the Conduct Officer, the accused student has the right to a notice of the charges, an explanation of the evidence, and an opportunity to respond to the allegations.  Any student who returns to campus during the period of summary suspension could be subject to expulsion.  Permission to be on campus may be granted for a specific reason, however, it must be granted in advance and in writing by the Conduct Officer.

STUDENT RESPONSIBILITIES:

•         Students need to accept the following responsibilities    

·         The responsibility of assuming the consequences of one’s own behavior and actions.

·         The responsibility for knowledge of and observance of established University policies as published in official University publications.

·         The responsibility to insure that no student organization includes discriminatory clauses pertaining to race, creed, religion, color, sex, national origin, disability, or sexual orientation. 

STUDENT RESPONSIBILITIES:

The following is a listing of the University’s conduct expectations for its students.  Any student who commits, aids or attempts to commit any of the following acts of misconduct shall be subject to action within the student judicial system. 

1.      Violation  of written MnSCU Board of Trustees or University policies or regulation contained in any official publication or administrative announcement of the MnSCU Board of Trustees or Winona State University.

2.   Academic dishonesty including, but not limited to, cheating and plagiarism.  More examples are listed under the WSU Academic Integrity Policy.  Procedures for alleged violations(s) against the Academic Integrity Policy are outlined in the Academic Integrity Policy.  This policy is printed at the end of the Student Conduct Policy and in the Winona State University 2006-2008 Undergraduate Catalog on pages 

      28.   Information pertaining to alleged violations against the Academic Integrity Policy can be answered in the Office of the Vice President for Academic Affairs, Somsen 211.

3.      Obstruction of the free flow of traffic, both pedestrian or vehicular, on state-owned or controlled property.

4.   Disruption of operations of the University.  Disruption is an action by an individual or group which interferes with, or prevents the regular and essential operation of the University or infringes upon the rights of others to freely participate in its programs and services. 

5.      Physical or psychological/emotional abuse, intimidation or harassment of any person.  This includes any form of fighting.

6.      Theft of/or damage to property of the state, a member of the University community, or a visitor to the University. 

7.      Unauthorized entry to or use of University facilities, buildings, grounds and equipment, including unauthorized possession of or use of University keys.  This also includes unauthorized use of telephone systems, mail systems, and computer systems. 

8.      Conduct which threatens or endangers the health or safety of any person. 

9.      Violation of rules governing residence in state-owned or controlled property. 

10.   Use, possession, or distribution of narcotic or illegal drugs or drug paraphernalia on state-owned or controlled property, except as expressly permitted by law. 

11.   Use, possession, or distribution of alcoholic beverages on state-owned or controlled property, except as expressly permitted by law. 

12.  Illegal or unauthorized possession or use of firearms, explosives, dangerous chemicals, or other weapons on state-owned or controlled property.

13.  Failure to comply with directions of university officials and any law enforcement officers acting in performance of their duties and to identify oneself to these persons when requested to do so.  University officials include Resident Assistants, Residence Hall Directors, Security Guards, Student Food Service Managers, Student Union Night Managers, and all other personnel delegated supervisory responsibility by a university official.

14.  Sexual/gender harassment, racial and disability harassment, in accordance with Title VII of the Civil Rights Act and Minnesota Statute Section 363 (handled in accordance with MnSCU Report/Complaint of Discrimination/Harassment Investigation Resolution 1B.1.1.) 

15.  Sexual misconduct, including but not limited to sexual assault, rape, sexual physical abuse, and/or threat of sexual violence (handled in accordance with WSU Sexual Violence Policy based on MnSCU 1B.3.1 Sexual Violence Policy.) 

16.  Disorderly conduct, breach of the peace, engaging in offensive, obscene or abusive language, and aiding, abetting, or procuring another to breach the peace on state-owned or controlled property or University sponsored or supervised functions. 

17.  Gambling for money or other things of value, except as permitted by law. 

18.  Solicitation, including the distribution of advertisements and samples, on University property without prior authorization by the appropriate university official(s).

19.  Hazing or any behavior or activity of a group or individual that degrades a student or interferes with a student’s class attendance or educational pursuit. (Refer to the WSU Hazing Policy at: www.winona.edu/studentaffairs/hazingnew.htm

20. Tampering with fire/safety equipment or setting off false alarms, including Code Blues. 

21.  Falsification or misuse, including forgery, alteration, or fraudulent misuse of University records, permits, documents, or identification cards. 

22.  Knowingly furnishing false or incomplete information to the University or a University official in response to an authorized request. 

23.  Intentional obstruction or disruption of teaching, research, administration, disciplinary procedures, or other University activities, including the University’s public service functions or of other authorized activities on state-owned or controlled property. 

24.  Violation of federal, state, or local law on University property, or off-campus when such violation of the law is directly related to the University Community (See Jurisdiction paragraph below.)

Jurisdiction:

All students, regardless of the location of their residence, are members of the University community. Non-students who allegedly violate the proscribed behavior in the Student Conduct Policy are subject to adjudication prior to matriculation. The University will address all violations against the proscribed behavior in the Student Conduct Policy that occur on campus. Students, faculty, staff, and individuals not associated with the University may submit written complaints regarding alleged violations for review by the University. The University may initiate judicial proceedings for off-campus incidents including hazing, when:

• Hazing* is involved; or
• The violation is committed while participating in a University sanctioned 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 function of the University.

*Refer to the WSU Hazing Policy at www.winona.edu/studentaffairs/hazingnew.htm

 Students who engage in alleged violations of the proscribed behavior of the Student Conduct Policy may also face civil or criminal penalties. This code is not intended to replace federal, state, or local legal processes. An action involving the student in a legal proceeding does not free the student of responsibility to participate in a University proceeding. The University will decide whether to proceed with action before, after, or simultaneously with a legal proceeding.

When alleged violations of law occur on University property, the University may informs law enforcement agencies of these violations.

Individuals not currently enrolled when an alleged violation occurs are subject to adjudication at any time prior to attending the University or receiving a degree. A“hold” can be placed on future enrollment, registration, and graduation.

Alleged violations of rules or policies developed by an academic or administrative unit may be reviewed and/or addressed within that unit. 

 University Conduct Officer

The University Conduct Officer, a representative of the Student Life & Development’s Office, is designated to coordinate the Student Citizenship Standards process.  The Conduct Officer is responsible for:

·                     investigating incidents to determine whether a formal notice of violation should be issued,

·                     issuing formal notices of violation,

·                     providing an accused student with a copy of the WSU Student Conduct Policy,

·                     determining (after consultation with the accused student) whether the case will be heard by the University Conduct Officer or referred to a committee for a formal hearing,

·                     ensuring the accused student understands the Student Citizenship Standards Procedure, and student’s rights and responsibilities ,

·                     notification to the accused student of decisions made regarding the outcome.

Resident Life Officers

In cases of alleged violation(s) against the WSU Residence Life Contract, Residence Hall Directors: and/or the Director of Auxiliary Services will serve as administrative hearing officers.  In some cases, the incidents/s may be referred to the Office for Student Life & Development.

Civil Responsibility

Since students are citizens as well as members of the University community, there may be violations of the standards which are also civil or criminal offenses.  The standards are not intended to replace the legal system.  Therefore, an action involving the student in a legal proceeding does not free the student of responsibility in a University proceeding.  The University will decide on the basis of its interest whether to proceed with action simultaneously or whether to defer action.  In addition, where an alleged violation of law occurs on University property, the University may inform law enforcement agencies of such violation. 

 All University Judicial Committee

The All University Student Judicial Committee is designated to hear original complaints from hearing officers and to recommend to the Vice President for Student Life & Development disciplinary sanction and citizenship status of the student.  The All University Judicial Committee is a committee comprised of faculty, staff, and students in a formal, adversarial setting.   For additional information on the current composition of the committee go to www.winona.edu/president/roster

The Student Citizenship Standards Procedure

Initiation of a Complaint - Any member of the University community may initiate a complaint.  Before any action is taken, the complaint must be in writing to the University Conduct Officer.  

 Notification to the Student – A student accused of violating the standards will be notified in writing of the nature of the allegation, the Conduct Code Standard allegedly violated and the possible sanctions.

Preliminary Conference – An accused student will meet with the Conduct Officer in an informal preliminary conference, the purpose of which is to ensure that the student understands the disciplinary process.  The student(s) shall have the following options:

Admit to the charge(s), receive the appropriate sanction(s), and sign a statement waiving student rights to a hearing.

1.        Request a meeting with the University Conduct Officer to present a defense.

2.        Request a hearing with the Student Judicial Board to present a defense.  The Conduct Officer reserves the right to refer any case to the J-Board. 

 University Conduct Officer Meeting – If the student elects a meeting with the University Conduct Officer, the allegations will be presented and the accused will have an opportunity to present a defense.  Accused students who fail to appear for the meeting after proper notice will be deemed to have not contested the charges against them.  Appeals will be referred to the J-Board. 

  All University Judicial Committee Meeting – If a student elects to have their meeting with the judicial committee,  the allegations will be heard by a committee comprised of faculty, staff, and students in a formal, adversarial setting.  Accused students who fail to appear for the hearing after proper notice will be deemed to have not contested the charges against them. 

 Sanctions

Acquittal – Conduct does not warrant further action and charges are dropped.

Administrative Warning – A notice to students that their conduct has been questionable and that future breaches of conduct could be treated more severely. 

 Community Service Hours – Sanction imposed on students for violations.  Number of hours depends on severity of offense and number of offenses. 

 Educational Sanction –An educational sanction is a developmental sanction that requires a student to actively participate in a program consistent with the infraction.

 Restitution – Restitution is monetary reimbursement for actual damage to, destruction of, or misappropriation of University property, or property of any person while on University premises.  It is not a fine.  Restitution may involve paying for damages or community or educational service.

Disciplinary Probation – Probation is a trial period during which students must behave in a manner acceptable to the University.  Disciplinary probation is assigned for a specific period of time.  An additional incident of misconduct during the term of probation could result in separation from the University for not less than one academic semester.

Suspension – An involuntary separation of the student from the University; a time limit is established and standard withdrawal procedures will be followed.  All rights and privileges of student status are withdrawn. 

Loss of Privilege – Loss of privilege is the withdrawal of a privilege or use of a service, including housing denial, for a specific period of time consistent with the offense committed. 

Expulsion – An involuntary permanent separation of the student from the University.  Standard withdrawal procedures will be followed. 

Summary Suspension

A summary suspension requires that students immediately leave the campus.  It may be imposed when the Vice President for Student Life & Development has reasonable cause to believe a student is an immediate threat to the safety of themselves or others or property or are an immediate threat to disrupt essential operation of the University.  Any student subjected to a summary suspension shall be required to remain off-campus until a hearing is held.  Cases involving summary suspension are referred to the Student Judicial Board.

 Appeals

Students wishing to appeal a disciplinary decision may do so by filing a request in writing with the Vice President for Student Life & Development.  The decision of the President is final.  The appeals process is as follows (from top to bottom):

·         University Conduct Officer

·         Student Judicial Board

·         Vice President for Student Life & Development

·         Minnesota Statute Chapter 14 Hearing

(only for suspension of at least 10 days or expulsion)

·         University President

Appeals at each level must be received in writing within five class days or, in the case of break periods, within five working days of receipt of the original or appellate decision.  In the case of residence hall sanctions, the appeal must be filed by the deadline specified in the eviction or non-renewal notice.  The appeal must state the grounds for appeal and argumentation in support of the appeal.

Contact the office of the Vice President for Academic Affairs for the appeal process for violations against the Academic Integrity Policy handled by that office.

Grounds for Appeal:

For suspension of more than 10 days or expulsion, appeal to the next level is a matter of right (Chapter 14 Hearing).  The following are allowed grounds for appeal in all other cases.

1.                 New evidence not reasonably available at the time of the hearing.

2.                 Violation of the hearing procedures

3.                 Violation of student’s due process rights

4.                 Inconsistency of the sanction relative to the severity of the behavior

5.                 Decisions contrary to the weight of evidence.

Appeals on the grounds other than the above may be allowed if the grounds can be adequately documented or supported. 

For additional information regarding the Student Conduct Policy, contact the Office of the Vice President for Student Life & Development, upper level Kryzsko Commons, or call 457-5300; or visit the Student Life & Development web site at:  http://winona.edu/studentaffairs

 Winona State University Student Conduct Policy is under review for possible changes or amendments.  The provisions of this publication are not to be regarded as an irrevocable contract between the student and Winona State University.  The University reserves the right to change any provision or requirement at any time.   Updated 11/04

ACADEMIC INTEGRITY POLICY

Academic integrity at Winona State University is based on honesty.  The University community requires that work produced by students represents their personal efforts and requires that they properly acknowledge the intellectual contributions of others.

WSU students are required to adhere to the university’s standards of academic integrity.  The following are examples, not intended to be all inclusive, of types of behavior that are unacceptable and will be viewed as violations of the Academic Integrity Policy.

EXAMPLES OF POLICY VIOLATIONS

Cheating:  Using or attempting to use unauthorized materials in any academic exercise or having someone else do work for you.  Examples of cheating include looking at another student’s paper during a test, bringing a “crib sheet” to a test, obtaining a copy of a test prior to the test date, or submitting homework borrowed from another student.

Deception and misrepresentation:  Lying about or misrepresenting your work, academic records, or credentials.  Examples of deception and misrepresentation include forging signatures, falsifying application credentials, and misrepresenting group participation.

Enabling academic dishonesty:  Helping someone else to commit an act of academic dishonesty.  This would include giving someone else an academic assignment with the intent of allowing that person to copy it or allowing someone else to cheat from your test paper. 

Fabrication:  Inventing or falsifying information.  Examples of fabrication include “drylabbing” (inventing data for an experiment you did not do or did not do correctly)  or making references to sources you did not use in academic assignments.

Multiple submission:  Submitting work you have done in previous classes as if it were new and original. Although faculty may be willing to let you use previous work as the basis of new work, they expect you to do new work for the class.  Students seeking to submit a piece of work to more than one class should seek the permission of both instructors.

Plagiarism:  Using the words or ideas of another writer without proper acknow-

ledgement, so that they seem as if they are your own. Plagiarism includes behavior such as copying someone else’s work word for word, rewriting someone else’s work with only minor word changes, and/or summarizing someone else’s work without acknowledging the source.

 DUE PROCESS RIGHTS:

Due process refers to the concept of fair treatment.  Due process rights of students accused of violating the academic integrity policy are as follows:

1)       Oral or written notice of the charges from the faculty member.

2)       An examination of the evidence against them.

3)       An opportunity to present their side of the story.

4)       Notice of sanction(s) imposed (such as lowering a grade, failing the course, dismissal from a program, etc.).

5)       An opportunity to appeal the sanction(s).

Students accused of academic dishonesty have the right to appeal a faculty member’s sanction to the Grade Appeal Committee.  The Grade Appeal Committee will make a recommendation only in cases involving accusation of academic dishonesty to the appropriate academic dean.  The academic dean’s  (or designee’s) decision is final.

Academic sanction appeals must be received in writing within five class days or, in the case of break periods, within five class days after returning from a break.  A time extension may be granted upon request to the Grade Appeal Committee.  Failure to submit a timely appeal, or request for extension, constitutes a waiver of any right to request an appeal.  The written appeal must be based on one or more of the following reasons

1)       The evidence from the meeting between faculty and the student does not support the outcome.

2)       There are new or newly discovered facts not brought out in the original meeting which may substantially affect the outcome.

3)       There was a procedural error, which could have substantially affected the outcome of the hearing.

            4)       The sanction was excessively severe.

There may be circumstances when it may be appropriate for a more severe sanction(s) other than the academic sanction.  The dean of the college(s) (or designee) where the alleged violation(s) occurred, in collaboration with the WSU Conduct Officer (or designee), will make the decision as to whether the case will be heard as a behavior discipline and be referred to the Student Life & Development Office to be processed under the guidelines of the WSU Student Conduct Policy.  Students found responsible for violation(s) processed under the WSU Student Conduct Policy face disciplinary sanctions (such as probation, suspension, etc.).

Information pertaining to the WSU Student Conduct Policy can be obtained in the Student Life & Development Office (Kryzsko Commons,  Room 129 or website (www.winona.edu/studentaffairs).

Students Rights and Responsibilities

MnSCU Board of Trustees Policy 3.1

Part 1. Freedom to Learn

In addition to being the basic constitutional rights enjoyed by all citizens, students in colleges and universities have specific rights related to academic freedom and their status as students.  Freedom to teach and freedom to learn are inseparable facets of academic freedom.  The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community.  Students are expected to exercise their freedom with responsibility. 

Part 2.  Freedom of Expression

Individual students and student organizations shall be free to examine and to discuss all questions of interest to them and to express opinions publicly and privately.  They shall be free to support causes by orderly means that do not disrupt the regular and essential operation of the institution.  In the classroom, students shall be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they are enrolled. 

Part 3.  Freedom of Association

Students shall be free to organize and join organizations to promote their common and lawful interests, subject to institutional policies or regulations.  Registration or recognition may be withheld or withdrawn from organizations that violate institutional regulations. 

Part 4.  Student-Sponsored Forums.

Students shall have the right to assemble, to select speakers, and to discuss issues of their choice.  The college or university shall establish reasonable time, place, and manner restrictions to assure that the assembly does not substantially disrupt the work of the institution or does not interfere with the opportunity of other students to obtain an education or otherwise infringe upon the rights of others.  Such regulations shall not be used as a means of censorship.  The president or designee may prohibit any forum when holding the event, in his or her judgment, would result in physical harm or threat of physical harm to persons or property.  Prior to any such prohibition, the president shall make his or her best effort to consult with a designated member of the student association.

Part 5.  Student Publications

Student-funded publications shall be free of censorship and advance approval of the copy, and their editors and managers shall be free to develop their own editorial and news coverage policies.  Editors and managers of student publications shall be protected from arbitrary suspension and removal because of student, faculty, administrative, or public disapproval of editorial policy or content.  The student fee allocation process shall not be used as a means of editorial control of student-funded publications.  All student publications shall explicitly state on the editorial page that the opinions expressed are not necessarily those of the college, university, system, or student body. 

Part 6.  Catalog and Course Information

To the extent possible, students will be provided relevant and accurate information regarding courses prior to enrollment.  Catalog descriptions will be accurate and based on information existing at the time of publication.  To the extent possible, class schedules will list the names of the faculty teaching courses. 

Part 7.  Academic Information

Students shall have access to accurate information about general requirements for establishing and maintaining acceptable academic standing, information that will enable students to determine their individual academic standing, and information regarding graduation requirements. 

Part 8.  Academic Evaluation

Student academic performance shall be evaluated solely on the basis of academic standards, including any requirements that are noted in the catalog, course syllabus, or student handbook.  Students shall have protection against prejudiced or capricious evaluation and shall not be evaluated on the basis of opinions or conduct in matters unrelated to academic standards.  Students shall have the right to review their corrected examinations or other required assignments used by the faculty in evaluating the student’s academic performance. 

Part 9.  Property Rights

Term papers, essays, projects, works of art, and similar property shall be returned to a student upon request, within a reasonable timeframe, when no longer needed for evaluation purposes, unless the student grants written permission for them to be retained. 

Part 10.  Off-Campus Conduct 

Students who violate a local ordinance or state law risk the legal penalties prescribed by civil authorities.  A college or university need not concern itself with every violation.  Nevertheless, a college or university may take disciplinary action against students for off-campus behavior, following the procedures of the code of conduct of that college or university.