I. Introduction
1.1 General DSU Values
DSU is an academic institution with a mission which is, in the broadest sense, educational in nature and which is carried out by means of programs and activities devoted to the pursuit of knowledge, the instruction and development of students, and the general betterment of public life in the area it serves. It exists primarily as a community of individuals, including students, faculty, and staff, who provide, participate in, and/or support these activities and programs.
DSU has an inherent interest in developing policies to preserve and enhance its ability to function effectively as an academic institution. The policies must uphold the integrity of the educational process and protect persons and property. As such, policies necessarily entail recognition of both rights and responsibilities for all members of the University community; it is these considerations which make student conduct a natural and legitimate concern of the University.
A person enrolling at the University comes to the campus as both a citizen and a member of the academic community. As a citizen, each student is entitled to the freedoms and rights guaranteed to other citizens by the United States Constitution and the Constitution of North Dakota. Such rights as free speech, lawful assembly, petition, and due process are not lost upon enrollment. As a member of the academic community, each student has the right to access opportunities to learn and to benefit from the institution’s educational environment.
Accompanying these rights, however, are certain general and specific responsibilities. As citizens, students must abide by federal, state, and local laws. Students are obligated to respect the lawful rights of others. As members of the academic community, students are expected to comply with valid institutional regulations, to contribute in an orderly fashion to the University’s academic and administrative processes, and to uphold standards of common decency and honor in all conduct. These incumbent rights and obligations are inextricably linked together. It is only when individuals are responsible as citizen-students that their rights as citizen-students can be assured. Freedom must be exercised responsibly in the context of recognized interest of others and of the institution itself.
It is to secure these ends that the policies and procedures in this code are established. Such policies and procedures are fundamentally designed to help maintain a campus environment conducive to learning and other educational pursuits. These policies and procedures are intended to ensure the enjoyment by students of all proper rights, without undue infringement by others. Additionally, these policies and procedures are a means for the University to attain its educational mission by protecting the institution’s processes, resources, and constituent community by providing an educational environment built on respect for the campus community and the rights and protection of all.
1.2 Code Authority[1]
The President of DSU is charged with the responsibility for development and administration of institutional polices and rules governing the role of students and their conduct. The President is also responsible for establishing guidelines for students which stipulate conduct standards and provide for procedures and sanctions for violation of such standards, as established by the
North Dakota State Board of Higher Education Policy 305.1.
This Code shall be published and made available, by any reasonable means, to students at DSU, and it shall be applicable to all such students. On occasion, the contents of the Student Code of Conduct may be subject to change prior to the reprinting of this document. If changes are made, documents relating to the changes will be made available on the DSU website, sent by email to the students, and available upon request from the Dean of Students Office. Such changes would be included in future Code revisions.
Upon enrollment, a student shall be deemed to have accepted the conditions and obligations stated herein and to have agreed to be bound hereby, in addition to all other applicable University regulations which may have been or may in the future be issued and published by proper authority. The Student Code of Conduct (the Code) shall, likewise, apply to all student groups, whether formally or informally organized and whether chartered or not. Conduct initiated by students off-campus, as well as conduct taking place on University property, shall be within the scope of the Code. The fact that criminal or civil proceedings may have been instituted against a student shall not bar commencement of the disciplinary process involving such student under this Code, nor shall the University be bound by the outcome of such proceedings in its determination of whether misconduct did or did not occur, or in its selection of an appropriate sanction. Regarding conduct by a student which may be the subject of such a criminal or a civil action, the University shall have the discretionary right to proceed under this Code against the student before, during the pendency of, or after the final disposition of such action, or even in the absence thereof. As a general policy in such a situation, however, the University shall resort to its disciplinary process only where the alleged conduct directly and/or adversely affects interests of the institution or the campus community as discussed above.
Examples provided within the Code of various conduct concerns are illustrative and not exhaustive. Should a question of ambiguity, inconsistency, or need for clarification arise, the Vice President, or designee, shall have the authority and discretion to define, interpret, or clarify. The Vice President shall have final authority for interpretation of the Code.
1.3 General Complaint Procedures
Individuals may file a complaint regarding a violation of the Code by completing the Misconduct Report Form found at: Incident Reporting Form.
Additionally, students may arrange a meeting with the Director of Campus Life for guidance in resolving concerns informally. In any case where a student’s rights as outlined herein are violated, they shall have the right to petition for redress of such a grievance.
[1] Credit is provided to North Dakota State University (NDSU) who allowed DSU to model portions of the Student Code of Conduct after the Code of Student Conduct in place at NDSU.