Student Conduct Code

Administrator: The Vice President for Student Life and Development, designated by the President to be responsible for the administration of the Student Code of Conduct. The Administrator may delegate responsibilities to a designee.

Advocate: An individual who advises a student during the conduct process. Complainant: The individual(s) who filed a complaint regarding student
conduct.

Respondent: The student (or party) who is alleged to have violated the Student Code of Conduct or other University or system policies.

Student: Includes all persons who:

• Are enrolled in one or more course, either for 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 relationship with the University or who plan to re-enroll.
• Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid.
• Are living in campus housing although not enrolled in the institution. Student Organization: A recognized group, club, or organization that has met the form requirements of Winona State University/Winona State University-Rochester and the Student Senate.

University: Refers to Winona State University and Winona State University-Rochester

Expulsion: Permanent denial of the privilege to enroll at the University.

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:

• is committed during an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and
• causes or creates a risk, above the reasonable risk encountered during participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury
  including:
  • endangers the mental or physical health or safety of a person, subjecting a person to public humiliation or ridicule.
  • destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a student group/club, organization, or athletic team.

View the full Winona State Hazing Policy.

Policy: Refers to the written regulations of Winona State University and Minnesota State System as found in, but not limited to, the Student Code
of Conduct, Residence Life Student Guide, Winona State University and Minnesota State webpages:

• Minnesota State Policy 3.6 and Procedure 3.61 on Student Conduct
• Minnesota State Policy 5.18 and Procedure 5.18.1 on Alcoholic Beverages and Controlled Substances on Campus
• Minnesota State Policy 5.22 and Procedure 5.22.1 on Acceptable use of Computers and Information Technology Resources
• Winona State University Academic Catalog

Preponderance of Evidence: A standard of responsibility where it is more likely than not that University or Minnesota State System policy has been violated.

Registration Hold: Once an investigation has been initiated a registration hold is put on the student’s account until the matter has been concluded.

Summary Suspension: A suspension imposed without a hearing to ensure the safety and well-being of members of the University community.

Suspension: denial of the privilege to enroll for a specified period of time after which the student is eligible to return. Conditions for re-enrollment may be specified.

Winona State University adheres to Minnesota State System Board Policy 3.1 in regard to student’s rights and responsibilities.

Off-Campus Conduct

The Student Code of Conduct shall apply to all conduct that occurs on university premises and at university sponsored activities. The Student Code of Conduct shall also apply to off campus conduct where:

• The violation is committed while participating in a university-sanctioned or sponsored activity; or
• The respondent of the violation is a member 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.

In accordance with Minnesota State Policy 3.6.1-Student Code: Part 3b Contents, examples of off- campus behavior which may be subject to university conduct action include, but are not limited to, the following:

• Underage consumption, selling or otherwise providing alcohol to underage persons
• Hosting underage drinking or disruptive parties
• Actions that threaten or endanger the health or safety of individuals
• Using, selling or distributing illegal drugs
• Sexual violence
• Hazing
• Cyberbullying

The administrator shall decide whether the Student Code of Conduct shall be applied to conduct occurring off-campus on a case-by-case basis, based upon their sole discretion.

Conduct Addressed Outside Student Code of Conduct

Allegations of Discrimination, Harassment, and Sexual Violence shall be resolved pursuant to the following policies and procedures:

• Minnesota State Policy 1B.1 (Nondiscrimination in Employment and Education Opportunity)
• Minnesota State Procedure 1B.1.1 (Report/Complaint of Discrimination/ Harassment Investigation and Resolution)
• Minnesota State Policy 1B.3 (Sexual Violence Policy)
• Minnesota State Procedure 1B.3.1 (Sexual Violence Procedure)
• Winona State University Sexual Violence Policy

These policies and procedures are available on the University and Minnesota State Colleges and Universities system websites, and in the Offices of Affirmative Action and Legal Affairs.

Allegations that fall under the Student Academic Integrity Policy are incidents of academic dishonesty, including, but not limited to:

• cheating
• deception and misrepresentation
• enabling academic dishonesty
• fabrication, multiple submissions and plagiarism
• Behaviors that include inappropriate use of Generative Artificial Intelligence (GenAI) content that contributes to completion of academic work without proper citation established in a course or institutional guidelines is also included in incidents of academic dishonesty.
  • This includes using commercial academic materials or AI tools without disclosure.
  • Refer to additional information from Minnesota State Colleges and University guidance on the appropriate use of AI tools.
  • Specific expectations around generative AI use in coursework are determined by instructors and listed on individual course syllabi.

Information pertaining to alleged violations of the Academic Integrity Policy can be answered in the Office of the Vice President for Academic Affairs /Provost.

In cases where both academic and behavior elements are present, the administrator and the academic dean or designee will coordinate to determine if the case falls under Academic Integrity Policies or Student Code of Conduct. A single coordinated response will be pursued whenever possible to avoid duplication of charges and sanctions.

Allegations of Fraudulent and Dishonest Acts by student employees shall be resolved pursuant to Minnesota State Policy 1C.2 (Fraudulent or Other Dishonest Acts).

Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article III:

• Violation of any Winona State University or Minnesota State Policy, rule, or regulation, contained in any official publication or administrative announcement, or available electronically on the University or Minnesota State System websites.
• Obstruction of the free flow of traffic, both pedestrian and vehicular, on university property or at university-sponsored or University-supervised functions.
• Disruptive behavior whether verbal, non-verbal, physical, written, or digital—that significantly disrupts or interferes with the learning environment, university operations, or the ability of others to fully participate in academic, residential, or campus life.
• Physical or verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct, whether verbal, written, online, physical or
  psychological, direct or implied that threatens or endangers the health or safety of any person.
  • This includes any form of fighting.
  • This includes communication in all forms of digital/online interactions and social media.
• Attempted or actual theft of and/or damage to university property or to property of a member of the University community, or other personal or public property on or off campus.
• Unauthorized possession, duplication or use of keys to any University premises or unauthorized entry to or use of university premises.
• Any violation of the University’s Computer Usage Policy, Policy 7-1 or Minnesota State Policy 5.22 and Procedure 5.22.1 on Acceptable use of Computers and Information Technology Resources.
• Violation of University rules governing residence in university-owned or controlled property.
• Use and/or possession of drugs: The use, possession, sale, giving, or exchange of illegal drugs, chemicals for use as drugs, or controlled
  substances is strictly prohibited in all university residence hall facilities. Cannabis: It is illegal for anyone (regardless of age) to have
  or use marijuana on campus in any form, even with a prescription. Per the H.R.3614 – DrugFree Schools and Communities Act Amendments of
  1989, it is illegal to have or use regardless of age.
• Use, possession, manufacturing or distribution of alcoholic beverages (except as expressly permitted by University or Minnesota State
  regulations), public intoxication, or violation of University’s Alcohol Policy or Minnesota State Policy 5.18 and Procedure 5.18.1 on Alcoholic Beverages and Controlled Substances on Campus. Alcoholic beverages may not under any circumstance be used by, possessed by, or distributed to any person under twenty-one (21) years of age.
• Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear in others.
• Failure to comply with directions of university officials (professional or student) or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
• Conduct that is disorderly, lewd, or indecent; a breach of the peace; or aiding, abetting, or procuring another person to breach the peace on university premises or at functions sponsored by the University or in which University or members of the academic community participate. Disorderly conduct includes but is not limited to:
  • any unauthorized use of electronic or other devices to make an audio or video record of any person while on University premises without their prior knowledge, or without their effective consent, when such a recording is likely to cause injury or distress.
  • This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.
• Gambling for money or other things of value, except as permitted by law.
• Commercial solicitation, including the distribution of advertisements and samples, on university property without prior authorization by the
  appropriate University official(s).
• Hazing by any group or individual. See definition in Article 1, Part 1.17. Tampering with fire or safety equipment or setting off false alarms,
  including Code Blues.
• Falsification or misuse, including forgery, alteration, or fraudulent misuse of university records, permits, documents, or identification
  cards.
• Knowingly furnishing false or incomplete information to the University or a University official in response to an authorized request.
• Violation of any federal, state or local law.
• Abuse of the student conduct system, including, but not limited to:
  • Falsification, distortion, or misrepresentation of information before a university investigator or decision-maker, or student conduct panel;
  • Disruption or interference with the orderly conduct of a student conduct panel or other disciplinary proceeding;
  • Bad faith institution of a Student Code of Conduct or other complaint of misconduct;
  • Discouraging, or attempting to discourage, an individual’s proper participation in, or use of, the student conduct system;
  • Attempting to influence the impartiality of an investigator, conduct officer, decision-maker, or a member of the All-University Conduct Committee, prior to and/or during the course of the student conduct proceeding;
  • Harassment (verbal or physical) and/or intimidation of an investigator, conduct officer, decision-maker, or member of the All-University Conduct Committee, prior to, during, and/or after a student conduct proceeding; or failure to comply with the sanction(s) imposed by the University.
• Failure to engage in responsible social conduct reflects credit upon the University community and to model good citizenship in any community.
• Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the University and/or infringes on the rights of other members of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.

University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and the Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution.

Proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the administrator. Determinations made or sanctions imposed under the Student Code of Conduct shall not be subject to change because criminal charges arising out of the same incident were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

Any member of the University community may file a written complaint with the administrator alleging that a student or student organization
has violated the Student Code of Conduct. A complaint should be submitted as soon as possible after the event takes place. Reporting options are on the Campus Safety website.

Persons filing complaints shall be informed of their data privacy rights under Minnesota Statutes, section 13.04, subdivision 2 following the filing of a complaint against a student or student organization, the administrator shall conduct an investigation of the allegation(s).

If the complaint is determined to be unwarranted, no further action is taken, and the complainant will be notified.

If there is sufficient evidence to support the complaint, the administrator shall decide if the situation shall be resolved through the informal or formal hearing process.

Once an investigation has been initiated a registration hold is put on the student’s account until the matter has been concluded.

The accused student is given an opportunity to resolve the alleged violation at an informal meeting. Prior to this meeting, the accused student shall be given written notice of the specific complaint, the nature of the evidence available to support the complaint, and/or a copy/link to the Student Code of Conduct.

During the meeting, the administrator shall review the complaint and the evidence with the accused student. The student will be allowed to share their perspective on the situation. Within a reasonable time following the meeting, the administrator will inform the accused student in writing of their decision as to whether a violation of the Student Code of Conduct was established by a preponderance of evidence, the proposed sanction(s) as listed in Sanction Part C, and options available for an appeal and/or a formal hearing.

If the accused student fails to appear for the informal meeting, the administrator may proceed to review and act upon the complaint in their absence and shall notify the student in writing of any action taken, including a decision regarding sanctions.

If a student’s sanction includes expulsion or suspension, except summary suspension, through the informal process, the student may agree to accept the sanction or request a formal hearing.

Formal hearings shall be conducted before the All-University Student Conduct Committee. The University President or designee determines the composition of the All-University Student Conduct Committee.

Students serving on this committee shall be appointed by the campus student senate.

Students or organizations referred for a formal hearing shall be given 5 days’ notice in writing of the following:

• Time, place, and date of the hearing.
• The complaint and the evidence to be presented against them.
• A list of witnesses and the nature of the witnesses’ testimony.
• The opportunity to speak in their own defense, to present witnesses and to question witnesses.
• The opportunity to have an advocate present who may provide advice to the student but may not participate in any questioning.
  • When there is a possibility of facing criminal prosecution for a serious offense, it may be advisable that the student have an attorney as the advocate.

All-University Student Conduct Committee hearings shall be conducted in private. A student or organization’s failure to appear at the hearing shall not prevent the hearing from proceeding as scheduled and the Committee may proceed to review and act upon the complaint in their absence and shall notify the student in writing of any action taken, including a decision regarding sanctions. In hearings involving more than one accused student or organization, the committee may permit the hearings to be conducted separately or jointly.

The All-University Student Conduct Committee shall decide and determine the appropriate sanction(s). A written notice of findings and conclusions
shall be provided to the student within a reasonable time after the hearing. The notice shall inform the student of any sanction imposed and contain
information regarding any applicable appeal process.

Accommodations may be made during the hearing for the personal safety and well-being of the complainant, accused student, or other
witness by providing separate facilities, using a virtual screen. Accused Student must appear in person or via zoom for the proceedings. If other
accommodations are needed, student should contact the committee chair.

Informal Hearing Appeal Process

A sanction(s) imposed through the informal process (other than suspension or expulsion) may be appealed. The appeal must be in writing and submitted to the Vice President for Student Life and Development within 5 days of the decision. The decision of the Vice President for Student Life and Development is final.

The accused student who has sanction(s) of suspension or expulsion, as a result of the informal hearing process, may request a formal hearing. The student may request a formal hearing in writing to the Vice President of Student Life and Development within 5 days of the informal hearing decision. The All-University Student Conduct Committee will be activated to follow formal hearing process.

The formal hearing process is the last step in the appeal of an original informal hearing decision and their findings are final. In cases involving suspension for 10 days or longer or expulsion, students shall be informed of their right to a contested case hearing under Minnesota Statutes, Chapter 14.

Formal Appeal Process

If the formal hearing process is initiated without the informal process preceding it the student may appeal the decision reached by the All-University Student Conduct Committee to the Vice President for Student Life and Development within 5 school days of the decision. Such appeals shall be in writing and shall be delivered to the Vice President.

The Vice President for Student Life and Development will review the committee’s decision for one or more of the following purposes:

• To determine if the student was given due process through the formal hearing.
• To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code of Conduct that the student was found to have committed.
• To consider any new information the student did not have during the formal process.

If the original decision is not upheld through the appeal process the administrator may take any action they deem to be appropriate.

If the original decision is upheld, the matter shall be considered final and binding upon all involved except that in cases involving suspension for 10 days or longer or expulsion, students shall be informed of their right to a contested case hearing under Minnesota Statutes, Chapter 14.

More than one of these sanctions or restorative interventions may be imposed for any violation.

Administrative Sanctions

The following administrative sanctions may be imposed upon any student found to have violated the Student Code of Conduct:

• Warning: A notice in writing to the student that the student is violating or has violated University regulations.
• Probation: A written reprimand for violating specified regulations. Probation is for a designated period and may include more severe disciplinary sanctions if the student violates any institutional regulation(s) during the probationary period.
• Loss of Privileges: Denial of specified privileges for a designated period.
• Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
• Discretionary Sanctions: Work assignments, essays, service to the University or community, education programs, educational meetings, or other related discretionary assignments.
• Residence Hall Suspension: Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
• Residence Hall Expulsion: Permanent separation of the student from the residence halls.
• 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.
• Revocation of Admission and/or Degree: Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
• Withholding Degree: The University may withhold awarding a degree otherwise earned until the completion of the process set forth in the Student Code of Conduct, including the completion of all sanctions imposed.

Restorative Interventions

Through integrating intentional restorative practices into our Student Code of Conduct, Winona State University enhances our impact on building a space of educational outcome, personal responsibility, and community well-being that aligns with the university’s commitment to providing a supportive, inclusive, respectful learning and living environment.

These may include:

• Restorative Reflection Paper: Require students to write a reflection addressing the incident, the harm caused, affected parties, and steps to make amends.
• Impact Statement: Students submit a statement demonstrating their understanding of the incident’s impact on others and articulating lessons learned as well as articulating actions they will take to address impacts.
• Educational Assignments: Students are assigned specific work, including readings, videos, or courses on topics like ethical decision-making, harm reduction, or conflict resolution, to promote personal growth.
• Mediation: A neutral third party facilitates a conversation between students involved in a conflict.
• Caring Conversations – Professional Check-ins: Students check in on a regular basis with the Vice President for Student Life and Development or designee to ensure established criteria and goals are being met as part of the restorative process connected to violations of the student code of conduct.
• Community-Based Service or Restitution: Students volunteer time or make amends in ways that contribute to individual(s) or communities impacted by their behavior.

The health and safety of all members of our Winona State University community is a primary concern for everyone.

Students should seek immediate medical attention for others when anyone’s health or safety is at risk due to the consumption of drugs or alcohol.

Students may be reluctant to seek assistance for others for fear of facing disciplinary consequences.

The purpose of this Medical Amnesty policy is to encourage students to take responsibility for themselves, their friends, and other students around them and to call emergency medical personnel for help when there is reason to believe that someone may need medical assistance due to the consumption of alcohol or drugs.

A student who seeks emergency medical assistance for someone else or a student who receives emergency medical assistance as a result of alcohol or drug use may apply for medical amnesty. The student must meet with the Vice President of Student Life and Development within 5 days of the documentation.

View the Winona State University Medical Amnesty Policy.

In certain circumstances, the Vice President for Student Life and Development and/or designee may impose a summary suspension prior to the hearing proceedings described in the previous articles.

A summary suspension may be imposed only when, in the judgment of the Vice President for Student Life and Development, the accused student’s presence on the University campus poses an immediate threat to health, safety, or significant disruption of university operations or an imminent threat to the safety and well-being of members of the campus community.

The accused student shall be given oral or written notice of the intent to impose summary suspension.

After the student has been summarily suspended, the student shall be provided an opportunity for an informal hearing within a reasonable time, not to exceed nine (9) school days. During the summary suspension, the student may not enter the campus without obtaining prior permission from the Vice President for Student Life and Development and/or their designee.