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Policy Manual
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A sanction is a consequence placed upon any student/organization for conflicts with specified University policies. Sanctions help define the student/organization's relationship with the University in the context of current and potential future behavior, including a notice that further conflicts may lead to more severe behavioral sanctions. In assigning one or more sanctions for inappropriate student behavior, the hearing officer or board will consider:
(1) the facts of the case as presented by the accuser(s) and the accused,
(2) the existence of any physical evidence or written or oral information provided by the accused student and/or witnesses,
(3) the type and severity of the offense, and/or
(4) previous incidents of inappropriate behavior committed by the individual(s) accused.
If a student/organization is found not responsible for the alleged Code violation(s), no action will be taken against the accused student/organization. In cases in which the student/organization is found responsible for violating one or more policies, one of the following sanctions may be imposed:
(1) Warning,
(2) Behavioral Probation,
(3) Suspension,
(4) Voluntary Withdrawal, or
(5) Expulsion.
In certain circumstances and by mutual agreement, the student may be allowed to voluntarily withdraw from the University. The University reserves the right to impose any necessary terms and conditions during the period of non-enrollment and/or upon the return of the student to NDSU.
With each sanction, other educational or restorative actions or other terms and conditions may be assigned. These include, but are not limited to:
1. Restitution
2. Confiscation
3. Restricted Access to University facilities and grounds,
4. Loss of privileges,
5. Participation in a specific program,
6. Educational projects, and/or
7. Alcohol or Other Drug testing and/or evaluation.
9.1 Sanctions
9.1.1 Written Warning
A warning is a written notification that subsequent Code violations will normally result in more severe sanctions. This action results in no notation on the student's academic transcript.
9.1.2 Behavioral Probation
Behavioral Probation is a written notification of a specified period of review and observation during which the student/organization must demonstrate the ability to comply with University policies and any other terms or conditions that have been imposed in writing. The specific terms of the probation will be determined on a case-by-case basis. Notification may be given to other University officials as necessary. Behavioral Probation may be supervised or unsupervised. Further inappropriate behavior may result in additional sanctions to be assigned, including but not limited to Suspension or Expulsion. This action results in no notation on the student's academic transcript.
9.1.3 Suspension
Suspension is a written notification of the termination of status as an enrolled student or registered student organization for a specified period of time not less than one academic semester and not to exceed two academic years. An individual student may not reenroll during the period of suspension.
(a) A student who has been suspended must vacate Residence Life facilities within the time frame established in the written notice of the suspension.
(b) The notice will include the terms and conditions for readmission that must be met prior to application for readmission. Students may obtain a Petition for Readmission form from Registration and Records, 110 Ceres Hall. An interview with the Dean of Student Life or the Dean's designee will also be required prior to acceptance of the student's application for readmission.
(c) While a student is under suspension from NDSU, no academic credit will be accepted for transfer from any other higher education institution. The student's transcript will carry a notation "May Not Register for Nonacademic Reasons" without further explanation. If the student is subsequently readmitted, the original notation will remain on the transcript and a new notation will be added, "Eligible for Registration Effective . . ."
(d) The student's eligibility for any refund of tuition/fees will be subject to the University's normal withdrawal policy.
(e) There may be other restrictions placed on the suspended student/organization including but not limited to restricted access to the entire campus, specified campus facilities, or portions of specified campus facilities. The student/organization may also be required to obtain prior written permission of the Dean of Student Life or the Dean's designee before being on any portion of the NDSU campus during the period of suspension. Usually a student with restricted access to the campus will be allowed on campus to conduct business related to the University but only through prior written approval by the Dean of Student Life or the Dean's designee.
(f) Suspension is a matter of permanent record. A permanent record indicates that student behavior files may be retained indefinitely at the discretion of the Dean of Student Life or the Dean's designee, but not less than seven (7) years.
9.1.4 Expulsion
Expulsion is a written notification that the student is permanently ineligible to return to the University. The student must leave University residences and cease all use of University owned or controlled buildings, properties, and services within the time frame established in the written notice of the Expulsion. Petitions for Readmission will not be accepted. The Expulsion will be recorded on the student's transcript as "May Not Register for Nonacademic Reasons" and is a matter of permanent record. (See Section 16.1.3 for a definition of permanent record.)
9.1.5 Voluntary Withdrawal
In some circumstances, based on mutual agreement, the student may be allowed to withdraw on a voluntary basis. Conditions may be imposed concerning the period of time after which the student may petition for readmission and/or for other conditions to be met prior to readmission. A meeting will be required with the Dean of Student Life or the Dean's designee prior to the approval of the student's petition for readmission. This action results in no notation on the student's academic transcript.
9.2 Terms and Conditions of Sanctions
9.2.1 A student/organization may be required to repair, pay the cost for the repair, or pay for the cost of the replacement of any property damaged by the student/organization. In each case, the goal will be to return the damaged property to its existing condition at the time of the damage. The determination of the method used to calculate restitution shall be the responsibility of the hearing officer or board, taking into consideration the fair market value or the cost to repair the damaged item(s). When available and appropriate, secondary markets may be utilized. The decision maker shall consider testimony and/or evidence provided by both parties to achieve a fair and just result. In the case of personal injury, the responsible party may be required to cover the cost of medical care for others harmed as a result of the student/organization's actions.Restitution may be imposed as a single sanction or in addition to other appropriate sanctions. Failure to make timely arrangements for restitution may result in cancellation of the student's registration, may prevent the student's re-registration, or may result in additional sanctions including but not limited to Suspension or Expulsion. When the responsible party is a student organization, additional sanctions against the organization may also be assigned for failure to make timely arrangements for restitution.
9.2.2 Confiscation
In addition to items already seized as evidence, goods used or possessed in conflict with University policies and/or local, state, or federal laws, including but not limited to falsified information or identification, may be confiscated and not returned to the student/organization.
9.2.3 Loss of Privileges
A student/ organization may be denied various privileges customarily associated with being a student/organization at NDSU. Such privileges include, but not limited to one or more of the following:
(a) being an active participant in and/or to be in attendance at any or all public events sponsored by the University or by students, and
(b) holding office in any Congress of Student Organizations (CSO) recognized student organizations, and
(c) receiving guests in residence life facilities during regular visitation periods, and
(d) visiting residence life facilities, and
(e) receiving financial aid, and
(f) being employed by the University, and
(g) representing the University, and
(h) sponsoring or hosting organization or campus-wide functions, and/or
(i) maintaining recognized status with the CSO.
9.2.4 Participation in a Specific Program
A student/organization may be required to participate in a specific program, such as counseling, public service, an alcohol and/or other drug education program, an educational class, or other program participation as assigned.
9.2.5 Educational Projects
A student/organization may be assigned an educational project including but not limited to writing a reflection or research paper, preparing a bulletin board, or sponsoring a program.
9.2.6 Alcohol/Drug Testing and/or Evaluation
The University reserves the right to require alcohol/drug testing and/or evaluation as a condition of enrollment or continued enrollment when: (a) a student's behavior has been injurious to self or others while under the influence of alcohol/drugs, or (b) when the student has had three or more separate violations involving alcohol/drugs. All such testing and/or evaluation shall be at the student's expense. The student will be expected to sign appropriate releases to demonstrate to the University that the student is complying with any recommendations for treatment resulting from such testing and/or evaluation.
9.3 Special Circumstances and Conditions
9.3.1 Emergency Suspension
A student/organization may be temporarily suspended, pending a hearing, when the student/organization's actions or threats of action indicate a serious threat to the welfare and safety of persons or property. No hearing will be required before the temporary suspension is imposed; however, one will be convened within five working days following the suspension. If the suspension is upheld, the suspension remains subject to the rules outlined in Suspension (Section 9.1.3) and remains a matter of permanent record. (See also Section 16.1.3)
9.3.2 Returning and/or New Students
If an act that violates this Code is committed by a student during a period of nonenrollment, a registration hold may be placed to prevent the student's registration until a hearing may be held on that matter. The former student may be notified about these holds at the time the University is first notified about the incident or notice may be provided when the student subsequently requests reenrollment.In addition, an Administrative Hearing Officer, in consultation with the Dean of Student Life, may place a registration hold to deny a student the right to register for nondisciplinary reasons. These reasons may include, but are not limited to, the student's arrest or when criminal charges are pending against the student, serious concerns arise about the health or safety of the students or others in the University community, and/or as otherwise provided by NDSU Policy 607 - Admission: Re-enrollment Safety Risks.
9.3.3 Registration/Graduation Hold
(a) If a student (new, current, or returning) fails to respond to a request to meet to discuss an alleged violation of this Code or if the student fails to comply with conditions and sanctions assigned as a result of being found responsible for a violation of this Code, a hold may be placed on the student's ability to reregister or the student's current registration may be canceled. If canceled, the student's eligibility for any refund of tuition/fees will be subject to the University's normal withdrawal policy.
(b) No student will be permitted to graduate or officially withdraw from NDSU while disciplinary action is pending. If the student withdraws before NDSU becomes aware of the potential violation of this Code, the student's academic records will be placed on hold and the allegations must be resolved prior to the student's readmission.
(c) If a student has been awarded a degree and it is subsequently discovered that the student committed a serious breach of this Code before the date the degree was awarded, the University reserves the right to hold a disciplinary hearing. If the student is found responsible for a serious breach of this Code, the University may elect to rescind the degree as part of assigned sanctions.
9.3.4 Involuntary Psychiatric Withdrawal
Standards
A student may be subject to involuntary withdrawal, if it is determined by clear and convincing evidence, that the student is suffering from a mental disorder as defined by the current American Psychiatric Association Diagnostic Manual or its equivalent, and as a result of such a disorder engages or threatens to engage in behavior which:
(a) poses a significant danger of causing imminent harm to the student or to others or
(b) directly and substantially impedes the lawful activities of other members of the campus community. These standards do not preclude North Dakota laws. Consideration will be given first to the use of normal disciplinary processes of counseling, voluntary withdrawal, use of the state commitment laws, or the use of other alternatives whenever appropriate.
Disciplinary Violations
A student accused of violating University disciplinary regulations may be diverted from the disciplinary process, if the student, as a result of a mental disorder:
(a) lacks the capacity to respond to pending disciplinary charges or
(b) did not know the nature or wrongfulness of the conduct at the time of the offense.Students subject to disciplinary charges who wish to introduce relevant evidence of any mental disorder must so inform the Dean of Student Life or the Dean's designee in writing at least two business days prior to any disciplinary hearing. The Dean of Student Life may elect to appoint a designee to act in administering this policy. If the Dean of Student Life or the Dean's designee determines that the evidence may have merit, the case will then be resolved in accordance with these standards and procedures. If it is determined that the student does not meet the criteria mentioned above, the case will be returned to the disciplinary process.
Evaluation Referral
The Dean of Student Life or Dean's designee may refer a student for an evaluation by an independent, licensed psychiatrist or psychologist chosen by the institution if the Dean of Student Life or Dean's designee reasonably believes that the student may meet the criteria in Section 9.3.4, or if a student subject to disciplinary charges wishes to introduce relevant evidence of any mental disorder. A student referred for evaluation will be informed in writing and the evaluation must be scheduled no later than five days from the date of the referral letter. The evaluation will be at the student's expense. If a student fails to complete an independent evaluation, he or she may be subject to the disciplinary process or an immediate interim withdrawal.
Interim Withdrawal
As stated above, an interim withdrawal may be implemented if a student fails to complete an evaluation with a licensed psychologist or psychiatrist. Also, an interim withdrawal may be undertaken immediately if the Dean of Student Life or Dean's designee determines that a student may be suffering from a mental disorder, and the student's behavior poses an imminent danger.
A student subject to interim withdrawal shall be given written notice. The student, whether or not an evaluation has been completed, shall be given the opportunity to appear personally before the Dean of Student Life or Dean's designee within 72 hours of the effective date of the interim withdrawal to review:
(a) the reliability of the information concerning the student's behavior and
(b) whether the student's behavior poses an imminent danger. During an interim withdrawal, the Dean of Student Life may place restrictions, including but not limited to class attendance and the use of campus services and facilities.
A student subject to interim withdrawal may be assisted by an individual of his or her choice.
Involuntary Withdrawal
A student under consideration for involuntary withdrawal will be accorded an informal hearing with the Dean of Student Life or Dean's designee. The informal hearing will be held within seven working days after an evaluation by a licensed psychologist or psychiatrist has been completed. Prior to the informal hearing, the Dean of Student Life or Dean's designee and the student will have an opportunity to review independently the psychological or psychiatric evaluation.
(a) The informal hearing proceedings are conducted by the Dean of Student Life or Dean's designee. The student may be assisted in the informal hearing by an individual of his or her choice. The student will remain withdrawn on an interim basis pending completion of the informal hearing.
(b) A written decision shall be rendered by the Dean of Student Life or Dean's designee containing a statement of reasons for any determination leading to involuntary withdrawal. The student should also be advised as to when a petition for reinstatement would be considered, along with any conditions for reinstatement. The student may appeal the decision to the President.
HISTORY: July 28, 1993; August 1998, August 2000, August 2002, August 2005
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