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Part 6. Student Affairs

Section X. Student Code of Conduct, Rights, Responsibilities and Judicial Structure

A. Student Rights

1. Substantive Rights

Students are not only members of the academic community, but also citizens of the larger society. As citizens, they retain those rights, protections and guarantees of fair treatment which are held by all citizens. In addition, students are subject to the reasonable and basic standards of the University regarding discipline and maintenance of an educational atmosphere. The enforcement of the student’s duties to the larger society is, however, the responsibility of the legal and judicial authorities duly established for that purpose.

2. Definitions:

a. The term “University” means the Idaho State University.

b. The term “student” includes all persons enrolled in courses at the University, both full time and part-time, pursuing undergraduate, graduate, certificate, or professional studies and those who attend post-secondary educational institutions other than Idaho State University but who reside in university residence halls. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the university, such as students between semesters, individuals who have pre-registered, individuals enrolled in non-credit courses and individuals who have applied for enrollment or financial aid, etc., are considered students.

c. The term “faculty member” means any person hired by the university to conduct classroom activities, research, or other related academic activities.

d. The term “University official” includes any person employed by the university, performing assigned administrative or professional responsibilities.

e. The term “member of the university community” includes any person who is a student or employee of the university.

f. The term “university premises” includes all land, buildings, facilities, and other property in the possession of or owned, leased, used, or controlled by the university (including adjacent streets and sidewalks).

3. Student Substantive Rights

a. Freedom of Association

Students are free to organize and to participate in associations of their own choosing, subject only to reasonable university regulations ensuring that such associations are neither illegally discriminatory in their treatment of other members of the university nor operated in a manner which substantially interferes with the rights of others. Freedom of association may not be forbidden because of the general political or philosophical orientation of any particular group. However, campus organizations have a strong obligation to avoid giving the impression that their actions reflect the views of the University.

(1) The membership, policies, and actions of a student organization usually will be determined by vote of only those persons who are students in the University. Such organizations, to receive recognition within the academic community, must adhere to the organizational criteria contained in the Student Handbook.

(2) Affiliation with an extramural organization shall not in itself disqualify a student organization from institutional recognition nor from the use of University facilities, although reasonable provisions may be made to safeguard the autonomy of a campus organization from domination by outside groups.

(3) Although a faculty/staff advisor may be of benefit to a student organization, a voluntary student association is not to be controlled by its advisor nor is freedom of association to be denied if an association is unwilling or unable to secure an advisor. However, if an organzation does not have an advisor they cannot be a recognized student organzation at ISU.

(4) As a condition of recognition, student organzations are required to submit a current list of officers and advisors to the Student Organzations Office each fall.

(5) A student organization which is found by the Committee on Student Organizations to be operating in a manner which is illegally discriminatory in its treatment of other members of the University community may have its recognition denied or withdrawn and thereby will be denied or lose its right to use University facilities.

b. Freedom of Speech and Assembly

No rule will restrict students’ expression solely on the basis of disapproval of or fear regarding their ideas or motives. Students and student organizations are free to examine and discuss all questions of interest to them and to express opinions publicly and privately. Modes of expression will not be controlled or forbidden when they are neither disruptive or in violation of applicable rules of conduct. Modes of expression or assembly that are manifestly unreasonable in terms of time, place or manner, may be forbidden. This does not, however, abrogate the students’ accountability as citizens to the law of the larger society. Accordingly, defamation, public obscenity, certain incitements to crime, as well as other civil or criminal misconduct under laws applicable to a manner of speech or assembly directly damaging to the rights of others may be subject to institutional redress as specified in the Student Code of Conduct, Rights, Responsibilities and Judicial Structure.

(1) Students and student associations will always be free to support causes by orderly and peaceful assembly which do not infringe upon the rights of others. The involved students have the responsibility to clarify to the academic and larger community that they represent views of the students or student association and not the University.

(2) Student groups are allowed to invite and to hear any person of their own choosing. Routine procedures required by the University before a guest speaker is invited to appear on campus shall be designed only to ensure that there is orderly scheduling of facilities and adequate preparation for the event. Institutional control of campus facilities shall not be used as a device of censorship. It shall be made clear to the academic and larger community that sponsorship of guest speakers or events does not necessarily imply approval or endorsement of the view expressed. (See University Speakers Policy)

c. Freedom of the Press

There will be no ideological censorship in the determination of printed matter available on campus; access to publications is not to be denied because of disapproval of content. Regulations of student publications that operate on the same basis as other private enterprises are subject only to the same control as those respecting reasonableness of time, place, and manner of distribution and those rules and regulations as found in the Policy Directive of the Communications Board. (See Communication Board Policy)

d. Freedom in the Classroom

The classroom is the center for study and understanding of the subject matter for which the instructor has professional responsibility and institutional accountability. Instructors should encourage free discussion, inquiry and expression among their students in their quest for knowledge. The instructors should hold the best scholarly standards for their disciplines. They should conduct themselves in keeping with the dignity of their profession and should adhere closely to their proper role as intellectual guides and counselors. They should foster honest academic conduct and evaluate their students fairly and accurately. They should respect the confidential nature of the relationship between instructor and student. They should avoid exploiting students for private advantage and should acknowledge significant assistance from them. They should protect student rights as defined herein. Control of the order and direction of a class, as well as the scope and treatment of the subject matter, must therefore rest with the individual instructors. The rules properly reflect the obligation of each student to respect the rights of others in the maintenance of classroom order and in the observance of courtesy common to every intellectual discipline.

(1) Students have the right to be informed in reasonable detail at the beginning of each term of the nature of the course, the course expectations, the evaluative standards and the grading system that will be used.

(2) Students have the right to take reasoned exception to the data or views offered in the class room and to reserve judgment about matters of opinion without fear of penalty.

(3) Students have the right of protection against improper disclosure of information concerning their professional relationship with faculty. (See the Family Educational Rights and Privacy Act, i.e. Buckley Amendment, for further details.)

(4) Students have protection through orderly procedures against prejudiced or capricious academic evaluation. At the same time, they are responsible for maintaining standards of academic performance established for each course in which they are enrolled. (See Scholastic Appeals)

e. Privacy and Educational Records

To safeguard student privacy, student records are not to be available to unauthorized on campus and off-campus personnel without the expressed consent of the student. Students have the right to inspect the official transcripts of their own academic records. They also have the right to inspect reports and evaluations of their conduct, except letters of recommendation and similar evaluations which are prepared on a confidential basis. (See the Family Educational Rights and Privacy Act, i.e. Buckley Amendment, for further details.)

f. Right of Privacy

Except in emergency circumstances, premises occupied by students will not be entered by campus authorities unless appropriate authorization has been obtained. Residence hall rooms may, however, be subjected to reasonable inspections by staff and resident assistants for order, safety, or cleanliness. Searches may be conducted when there is reason to believe University regulations and/ or state and federal laws are being violated.

If a search is conducted in the residence halls by campus authorities, application for such search must be made to the Dean of Student Affairs or his/her designee, who may issue authorization upon reasonable belief that the act being complained of has occurred or is occurring on the premises. The application must specify the reasons for the search and the objects or information sought. The student should be present, if possible, during the search. If a search is conducted anywhere else on campus, for example lockers, desks, etc., authorization must be obtained from the Dean of Student Affairs or his/her designee.

g. Equal Protection

The University has an obligation and shall apply its rules equally to all students who are similarly situated. This does not mean, however, that the University is required to refrain from taking action against some offenders because there are other offenders who cannot be identified or who are not presently being charged for some other valid reason. In the absence of evidence of illegal discriminatory enforcement, the University may properly take action against some offenders although it is clear that there are other offenders who are not before the judicial body.

h. Sexual Harassment

Students have the right to protection from sexual harassment as defined by the Affirmative Action Policy of the University. (See Idaho State University Sexual Harassment Policy).

4. Procedural Rights

The University guarantees due process in the adjudication of student violations of the Student Code of Conduct, Rights, Responsibilities and Judicial Structure.

a. The student has the right to fair and impartial hearings.

b. The student has the right to an expeditious hearing of his/her case.

c. The student has the right to appeal.

If the student does not agree with the decision rendered by the administrative officer, or with the procedure used in the meeting, he/ she may appeal to the University Judicial Board. The appeal must be filed in writing within three working days to the University Judicial Board with the Office of the Dean of Student Affairs. In the event that the student elects to appeal, at least three (3) working days prior to the hearing, the student is entitled to

(1) written notification of the time, place, and date of the hearing;

(2) a written statement of the charges of sufficient clarity to enable the student to prepare his/her defense;

(3) written notification, giving names of witnesses and locations of statements, exhibits or evidence that might be introduced in the hearing with right of inspection.

d. The student has the right to appear in person and to present his/her defense to the Judicial Board and to call witnesses in his/her behalf.

e. The student has the right to be accompanied by counsel of his/her choice at his/her own expense. The student must provide name of counsel to the Dean of Student Affairs at least 48 hours prior to the hearing.

f. The student has the right to ask questions of any witnesses. However, all questions should be directed through the chair of the Judicial Board. Counsel representing students may be allowed to ask questions of any witnesses at the discretion of the Judicial Board.

g. The student has the right not to testify on his/her own behalf and to refuse to answer questions.

h. The student has the right to be verbally notified of the decision immediately and to receive a written notification of the decision reached by the Judicial Board within three (3) working days after the hearing. This notification will include written findings, decisions, and conclusions of the Judicial Board. Any further disclosure of the decision is at the discretion of the Judicial Board.

5. Emergency Powers

Nothing in this code shall be in derogation of the power of the President, or of his/her duly authorized subordinates, to declare a state of emergency on University property, to suspend the procedural and substantive rights specified herein for the duration of the declared emergency. Any sanctions imposed on students violating the standards of conduct specified for the duration of the state of emergency, may be of summary process, if so provided by the President of the University, or of his/her duly authorized subordinates. Such sanctions imposed for violations of standards of conduct specified for a state of emergency, whether by normal process or by summary process, shall be for the duration of the emergency only. Any sanctions, other than those imposed for the duration of the emergency, must be brought under the Student Code of Conduct, Rights, Responsibilities and Judicial Structure. Students are guaranteed all substantive and procedural rights specified herein in such proceedings. Emergency situations also may include cases in which students are asked to withdraw from the University for medical reasons. (See the Idaho State University Medical Withdrawal Policy.)

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