Student Conduct Code

Preamble

The Student Conduct Code is an expression of behavioral standards that are intended to allow students and others at Idaho State University to live, work, study, recreate, and pursue their educational goals in a safe and secure environment. The Code is crafted to reflect expectations based on values essential to such an environment and to a flourishing academic community, such as honesty, integrity, respect, and fairness. The standards are higher than the general law, as our expectations for ISU students, as future alumni and citizen-leaders, are considerable. That said, we strive to recognize and honor core tenets of our society and our academic legacy, such as free speech and expression. Therefore, much expression that may be offensive or unpopular will not be actionable under this Code. Further, those who administer the Code attempt to craft both hearings and sanctions in a manner that takes into account the developmental issues and educational needs of students.

Students are not only members of the academic community, but they are also citizens of the larger society. As citizens, they retain those rights, protections and guarantees of fair treatment that 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.

Article I: Definitions

The term "University" means Idaho State University.
The term "student" means each individual who is currently enrolled-either full- or part-time-in any credit-bearing academic course at any Idaho State University location pursuing any undergraduate, graduate or professional study. For disciplinary purposes under the Student Conduct Code, a student is also any individual who:
1. withdraws after being alleged to violate the Code;
2. has begun previously a degree program at the University and was enrolled within the last twelve months, but is not enrolled during a current term;
3. even if not yet initially enrolled for study at the University, has been notified of acceptance for admission and currently:
  1. undertakes any official University-sponsored activity, or
  2. establishes formally, a University-approved residence at any University-owned housing facility; or
4. is a non-temporary guest having continuous residence at any University Housing property, even if not enrolled at the University.
The term "faculty member" means any person hired by Idaho State University to conduct classroom or teaching activities or who is otherwise considered by Idaho State University to be a member of its faculty.
The term "Idaho State University Official" includes any person employed by Idaho State University, performing assigned administrative or professional responsibilities.
The term "member of the Idaho State University community" includes any person who is a student, faculty member, Idaho State University official or any other person employed by Idaho State University. A person's status in a particular situation shall be determined by the ISU Student Conduct Administrator, in conjunction with the Dean of Students, Human Resources, and General Counsel.
The term "Idaho State University premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by ISU (including adjacent streets and sidewalks).
The term "Student Organization" means any number of persons who have complied with the formal requirements for Idaho State University student organization recognition/registration.
The term "Student Conduct Board" means any person or persons authorized by the Student Conduct Administrator to determine whether a student has violated the Student Code and to recommend sanctions that may be imposed when a rules violation has been committed.
The term "Student Conduct Administrator" means an Idaho State University official authorized on a case-by-case basis by the University Student Conduct Administrator to impose sanctions upon any student(s) found to have violated the Student Code.
The term "shall" is used in the imperative sense.
The term "may" is used in the permissive sense.
The "University Student Conduct Administrator" is designated by the Idaho State University President, through the Dean of Students, to be responsible for the administration of the Student Conduct Code.
The term "policy" means the written regulations of the University as found in, but not limited to, the Student Conduct Code, Residence Life Handbook, the Idaho State University web page and computer use policy, and the Idaho State University Graduate/Undergraduate Catalogs.
The term "complainant" means any person who submits a charge alleging that a student violated this Student Conduct Code. When a student believes that she/he has been a victim of another student's misconduct, the student who believes she/he has been a victim will have the same rights under this Student Conduct Code as are provided to the Complainant, even if another member of the University community submitted the charge itself.
The term "respondent" means any student accused of violating this Student Conduct Code.

Article II: Student Conduct Code Authority

While enrolled at the University, students are subject to delegated University authority. The Dean of Students shall designate the University Student Conduct Administrator who shall identify and train other Student Conduct Administrators. The Student Conduct Administrators and Student Conduct Board are responsible for the discipline of students and may, through the disciplinary procedures specified herein, impose sanctions for violations of the Student Code of Conduct. University disciplinary action may be taken in those instances where a case or cases may be pending, in process or determined in the civil or criminal courts.

The University Student Conduct Administrator shall ensure that the composition of the Student Conduct Board and Appellate Boards represents the university community and that appointments follow the criteria set forth in this document or other official university documents. The University Student Conduct Administrator shall also determine, within the parameters of the Code, which Student Conduct Administrator(s) shall be authorized to hear each matter.
The University Student Conduct Administrator, in conjunction with the Student Conduct Board and the Dean of Students, shall develop policies for the administration of the student conduct system and procedural rules for the conduct of the Student Conduct Board, including hearings that are consistent with provisions of the Student Conduct Code.
Decisions made by a Student Conduct Board and/or Student Conduct Administrator shall be final, pending the normal appeal process.

Article III: Classroom Provisions

(Note Differences in Administrative Processes)

While the Student Conduct Office is generally responsible for addressing student conduct, classroom management and behaviors not otherwise in violation of published behavioral norms are under the jurisdiction of the responsible faculty member. This section describes ISU expectations, student rights, and references to procedures related to student conduct in the classroom.

Conduct in the Classroom
Classroom conduct is under the direction of the individual faculty member. The following information is provided in order for students to have a better understanding of appropriate classroom conduct.
1. Freedom in Classrooms
  The classroom is the center for study and understanding of the subject matter for which the faculty member has professional responsibility and institutional accountability. Faculty members should encourage free discussion, inquiry and expression among their students in their quest for knowledge. The faculty members 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 exploitation of 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 classroom 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 relationships with faculty. (See the Family Education Rights and Privacy Act, a.k.a. 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, page 28 of the Student Handbook.)
2. Disruptive Behavior in Classrooms and Laboratories
  Control of the order and direction of a class or laboratory as well as the scope and treatment of the subject matter rests with the individual faculty member. Disruption of the classroom is forbidden. Each student has the obligation to respect the rights of others in the maintenance of classroom order and in the observance of courtesy. The instructor has the right to impose sanctions in cases of disruptive classroom behavior. Prior to taking such action, however, it is recommended that a faculty member follow these procedural steps.
  1. Inform the student that the behavior in question is disrupting the class and request that the student discontinue the behavior. In the case of aggressive disruptive behavior, the instructor should ask the student to leave the classroom immediately or initiate action to have the student removed by seeking assistance from ISU Public Safety or the department chair. In a case of aggressive disruptive behavior, the instructor should immediately notify the department chair and dean's office having jurisdiction over the class, who in turn may contact the Office of Student Affairs and ISU Public Safety in order to determine the appropriate action to be taken. Such action, depending upon the nature and severity of the behavior, may warrant, but not be limited to, any sanction listed in paragraph 3) below.
  2. If the disruptive behavior continues (whether in the same or a subsequent class period), the instructor should again direct the student to stop the behavior and ask to meet with the student outside of class (e.g. in the instructor's office) to inform the student that the behavior is disruptive. At this point, the instructor should direct the student to review the section "Conduct in the Classroom" of the Student Code of Conduct in the Student Handbook and follow up with a letter to the student. The letter should describe the specific behavior that is disruptive, reference the warnings given to the student, and state what further actions may take place if the behavior were to continue. The instructor should also express the belief that this letter will constitute the final step for resolution of the particular situation. A good reason to carry out this step is to create the expectation that the student will resume appropriate classroom behavior. The letter will also serve as documentation that may become necessary if the disruptive behavior continues. A copy of the letter should be sent to the chair of the department for the class, the Dean of Students, and the chair of the student's major department.
  3. If the disruptive behavior continues, the instructor's options include: a) asking the student to leave the classroom, which may be followed up with a call to ISU Public Safety, if necessary, to have an officer escort the student from the room (notify the department chair that this was done); b) imposing a grade reduction; c) assigning an "F" in the course; d) withdrawing the student from the course and/or; e) sending a second letter to the chair of the student's major department, which may lead to further sanctions, including dismissal from the program or the university. If the instructor chooses any of options b-e, it should be done in conjunction with her/his department chair, and the academic dean (or dean's representative) should be notified. Sanctions assigned by a professor under this policy may not be avoided by withdrawing from or dropping the class. When sanctions require action by the Registrar, the Registrar shall be notified in writing by the department chair or dean involved in the case.
  4. Any student appeal of sanctions imposed due to disruptive behavior in the classroom is made to the dean (or dean's representative) of the college having jurisdiction over the course. The decision of the dean is final for that particular class; in the case of a graduate student, appeals follow the same steps as appeals of grades or dismissal. The Graduate Council's decision is final. In neither case is the matter appealable through the scholastic appeals process. Students and faculty members should be aware that if the department chair or college dean (or dean's representative) becomes involved, he/she will assess all relevant information and recognize the obligation of fairness to the instructor, the student, and the class.
3. Academic Dishonesty
  Academic integrity is expected of all individuals in academe. Behavior beyond reproach must be the norm. Academic dishonesty in any form is unacceptable.
  Academic dishonesty includes, but is not limited to, cheating and plagiarism.
  1. CHEATING is defined as using or attempting to use materials, information, or study aids that are not permitted by the instructor in examinations or other academic work. Examples of cheating include, but are not limited to:
    1. Obtaining, providing, or using unauthorized materials for an examination or assignment, whether verbally, visually, electronically, or by notes, books, or other means.
    2. Acquiring examinations or other course materials, possessing them, or providing them to others without permission of the instructor. This includes providing any information about an examination in advance of the examination.
    3. Taking an examination for another person or arranging for someone else to take an examination in one's place.
    4. Submitting the same work or substantial portions of the same work in two different classes without prior approval of the instructor.
    5. Fabricating information for any report or other academic exercise without permission of the instructor.
  2. PLAGIARISM is defined as representing another person's words, ideas, data, or work as one's own. Plagiarism includes, but is not limited to, the exact duplication of another's work and the incorporation of a substantial or essential portion thereof without appropriate citation. Other examples of plagiarism are the acts of appropriating creative works or substantial portions thereof in such fields as art, music, and technology and presenting them as one's own.
    The guiding principle is that all work submitted must properly credit sources of information. In written work, direct quotations, statements that are paraphrased, summaries of the work of another, and other information that is not considered common knowledge must be cited or acknowledged. Quotation marks or a proper form of identification shall be used to indicate direct quotations.
    As long as a student adequately acknowledges sources of information, plagiarism is not present. However, students should be aware that most instructors require certain forms of acknowledgment or references and may evaluate a project on the basis of form, penalizing the student in the grade assigned if citation of sources is improper.
  3. ACADEMIC as used in this policy is synonymous with "scholastic" and refers to school-related endeavors, whether the school is vocational or academic.
  4. INSTRUCTOR/FACULTY MEMBER as used in this policy is defined as a person who is responsible for the teaching of a class or laboratory or other instruction. These terms include professors regardless of rank, instructional staff, graduate assistants, visiting lecturers, and adjunct or visiting faculty.
    For more information concerning Academic Dishonesty, see www.isu.edu/fs-handbook/part6/6_9/6_9a.html

Article IV: General Conduct Expectations

University Jurisdiction Under the Student Conduct Code
A core objective at Idaho State University is to provide a secure and productive learning environment. In that regard, this Student Conduct Code applies to any University student's conduct that occurs 1) on University premises; 2) at any University-sponsored activity; or 3) anywhere that the conduct either directly affects any other University student or substantially affects the University community or its objectives.
The decision as to whether an incident will be addressed under this Code is made by the University Student Conduct Administrator in conjunction with the Dean of Students or designee. Each student is responsible under the Code for all conduct occurring as of any date prior to being awarded an applicable degree-even if the University does not discover its occurrence until after awarding the degree-including any conduct that occurs during any interim period:
1. before classes have begun or after classes have ended; or
2. during which the student's enrollment temporarily ceases.
The Code also applies to the student's conduct:
1. if the student withdraws from the University (or leaves its premises) while a disciplinary matter is pending under the Code; or
2. retroactively as of the student's first admission application date if the student at any time has enrolled at the University.
While designed primarily for individual actions, this Code and processes may be applied to a student organization if and when the collective action of such body violates the Code and displays a lack of internal control that may be detrimental to the purposes of the University and/or maintenance of a secure and productive learning environment.

Behavioral Expectations for Students
These expectations reflect the principles and approach to decisions that we encourage but not all behaviors that violate these principles are actionable under this code. Proscribed behaviors are identified in Section C. below.

The University expects its students to conduct themselves in fundamentally honest ways that encourage trust and display basic integrity, as our very functioning and support depend upon trust placed in us and our credentials by the larger society.
The University values rational discourse, including civil disagreements and the marketplace of ideas. Therefore, we expect that students will engage in discourse and activities that are free and un-coerced; further, other parties will be afforded those same courtesies.

The University expects its students to comply with local, state, and federal laws regarding proscribed substances, in addition to institutional policies. We recognize that our society provides certain privileges to its citizens at different age-points, but adapting to these demands, even while perhaps working for their change, is a part of our obligations as free citizens.

FEDERAL TRAFFICKING PENALTIES
DRUG/ SCHEDULE	QUANTITY	PENALTIES	QUANTITY	PENALTIES
Cocaine (Schedule II)	500 - 4999 gms mixture	First Offense: Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual Second Offense: Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $4 million if an individual, $10 million if not an individual	5 kgs or more mixture	First Offense: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual. Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual. 2 or More Prior Offenses: Life imprisonment
Cocaine Base (Schedule II)	5-49 gms mixture		50 gms or more mixture
Fentanyl (Schedule II)	40 - 399 gms mixture		400 gms or more mixture
Fentanyl Analogue (Schedule I)	10 - 99 gms mixture		100 gms or more mixture
Heroin (Schedule I)	100 - 999 gms mixture		1 kg or more mixture
LSD (Schedule I)	1 - 9 gms mixture		10 gms or more mixture
Methamphetamine (Schedule II)	5 - 49 gms pure or 50 - 499 gms mixture		50 gms or more pure or 500 gms or more mixture
PCP (Schedule II)	10 - 99 gms pure or 100 - 999 gms mixture		100 gm or more pure or 1 kg or more mixture

PENALTIES
Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)	Any amount	First Offense: Not more that 20 yrs. If death or serious injury, not less than 20 yrs, or more than Life. Fine $1 million if an individual, $5 million if not an individual. Second Offense: Not more than 30 yrs. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual
Flunitrazepam (Schedule IV)	1 gm or more
Other Schedule III drugs	Any amount	First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual
Flunitrazepam (Schedule IV)	30 to 999 mgs
All other Schedule IV drugs	Any amount	First Offense: Not more than 3 years. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more than 6 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.
Flunitrazepam (Schedule IV)	Less than 30 mgs
All Schedule V drugs	Any amount	First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual. Second Offense: Not more than 2 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.

FEDERAL TRAFFICKING PENALTIES - MARIJUANA
DRUG	QNT.	1st OFFENSE	2nd OFFENSE
Marijuana	1,000 kg or more mixture; or 1,000 or more plants	Not less than 10 years, not more than life If death or serious injury, not less than 20 years, not more than life Fine not more than $4 million if an individual, $10 million if other than an individual	Not less than 20 years, not more than life If death or serious injury, mandatory life Fine not more than $8 million if an individual, $20 million if other than an individual
Marijuana	100 kg to 999 kg mixture; or 100 to 999 plants	Not less than 5 years, not more than 40 years If death or serous injury, not less than 20 years, not more than life Fine not more than $2 million if an individual, $5 million if other than an individual	Not less than 10 years, not more than life If death or serious injury, mandatory life Fine not more than $4 million if an individual, $10 million if other than an individual
Marijuana	more than 10 kgs hashish; 50 to 99 kg mixture more than 1 kg of hashish oil; 50 to 99 plants	Not more than 20 years If death or serious injury, not less than 20 years, not more than life Fine $1 million if an individual, $5 million if other than an individual	Not more than 30 years If death or serious injury, mandatory life Fine $2 million if an individual, $10 million if other than individual
Marijuana	1 to 49 plants; less than 50 kg mixture	Not more than 5 years Fine not more than $250,000, $1 million other than individual	Not more than 10 years Fine $500,000 if an individual, $2 million if other than individual
Hashish	10 kg or less
Hashish Oil	1 kg or less

Idaho State University expects its students to recognize the core functions and processes of the University and to act in a manner that allows those functions (e.g., learning, teaching, research, free speech) to progress without unnecessary impediments.
Idaho State University expects its students to recognize the legal and other rights of each individual and to honor those in the context of interpersonal relationships. Thus, the decision-making autonomy of each person, free from threats or force, is to be respected.

Conduct-Rules and Regulations
Any student or student organization found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV.C.:
1. Acts of dishonesty, including but not limited to the following:
  1. Possible violations of the ISU Academic Dishonesty Policy are administered separately through academic channels (see Faculty/Staff Handbook, Section 6, Part 9). Certain behaviors may violate both the Academic Dishonesty Policy and this section, or others, of the Student Conduct Code. In that case, the Student Conduct Administrator will consult with the department(s) in question and determine whether one process, or both, will be utilized.
  2. Furnishing false information to any University official, faculty member, or office. This includes filing false or intentionally exaggerated reports with Public Safety, the Dean of Students, or other University reporting sites.
  3. Forgery, alteration, or misuse of any University document, record, or instrument of identification.
2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other University activities, including its public service functions on or off campus, or of other authorized non-University activities when the conduct occurs on University premises. This includes speech that is manifestly unreasonable in time, place or manner such as extended and loud tirades directed at University employees engaged in official duties and that disrupt a normal University activity. (No violation occurs if the speech is merely upsetting, offensive or critical of a process or person.)
3. Theft-Attempted or actual theft of and/or damage to property of University or property of a member of the University or other personal or public property.
4. Unauthorized possession, duplication or use of keys or access codes to any University Premises or unauthorized entry to or use of University premises.
5. Discriminatory Harassment means conduct between students or from a student to another member of the University community that rises to a level of: 1) hostile environment harassment or 2) quid pro quo harassment. Hostile environment harassment means unwelcome and discriminatory speech or conduct, directed at an individual because of that individual's race or gender. A violation occurs if the harassment is so severe, pervasive, or objectively offensive that it has a systemic effect of denying its victim equal access to education. Quid pro quo harassment means conditioning any decision or expectation related to any substantial University-related resource or benefit upon whether another individual submits to or rejects one's sexual advance, request for sexual favor, or other behavior of a sexual nature.
6. Stalking means behavior-with intent to harass or alarm any individual or group-that subjects an individual or group to uninvited interaction or a threat of uninvited interaction. This violation also occurs under a repeated course of uninvited or unauthorized communication with-or following-the individual or group, in which the circumstances reasonably demonstrate intent to either: 1) place the individual or group in fear of bodily injury, or 2) cause the individual or group substantial emotional distress. The threshold is whether a reasonable person in the circumstance would experience fear or emotional distress.
7. Threat means the making of statements-verbal or written-that communicate a clear and serious expression of intent to commit an act of unlawful violence to a particular person or group of persons.
8. Intimidation means a spoken or unspoken threat that has the intent of placing a person or group in fear of bodily harm or death and would be so construed by a reasonable person. This violation also occurs if one implies or states that physical harm is imminent or highly likely if an individual does not comply with one's demand.
9. Physical Abuse means intentional physical contact with any person when such conduct threatens or endangers the health or safety of that person(s) whether such conduct occur on- or off-University property.
10. Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which 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 group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is not a neutral act; they are violations of this rule, as are violations of the Idaho Hazing Statute §18-917:
  1. No student or member of a fraternity, sorority or other living or social student group or organization organized or operating on or near a school or college or university campus, shall intentionally haze or conspire to haze any member, potential member or person pledged to be a member of the group or organization, as a condition or precondition of attaining membership in the group or organization or of attaining any office or status therein.
  2. As used in this section, "haze" means to subject a person to bodily danger or physical harm or a likelihood of bodily danger or physical harm, or to require, encourage, authorize or permit that the person be subjected to any of the following:
    1. Total or substantial nudity on the part of the person;
    2. Compelling ingestion of any substance by the person;
    3. Wearing or carrying of any obscene or physically burdensome article by the person;
    4. Physical assaults upon or offensive physical contact with the person;
    5. Participation by the person in boxing matches, excessive number of calisthenics, or other physical contests;
    6. Transportation and abandonment of the person;
    7. Confinement of the person to unreasonably small, unventilated, unsanitary or unlighted areas;
    8. Sleep deprivation; or
    9. Assignment of pranks to be performed by the person.
  3. The term "hazing," as defined in this section, does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any group or organization. The term "hazing" does not include corporal punishment administered by officials or employees of public schools when in accordance with policies adopted by local boards of education.
  4. A Student or member of a fraternity, sorority or other student organization, who personally violates any provision of this section, shall be guilty of a misdemeanor.
11. Failure to comply with directions of Idaho State University officials or ISU Security officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
12. Substantive or repeated violations of any Idaho State University policy, rule, or regulation published in hard copy or available electronically on the Idaho State University website, including Housing Regulations, may be considered a violation of this Code.
13. Illegal Drugs-Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law. Violation of alcohol or drug regulations may lead to notification of a student's parents.
14. Alcohol-Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by Idaho State University regulations). Violation of alcohol or drug regulations may lead to notification of a student's parents. Alcoholic beverages may not-in any circumstances-be used by, possessed by or distributed to any person under twenty-one (21) years of age. See the Idaho State Board of Education Alcohol Policy re-printed below, which is in effect at Idaho State University.
15. Destruction, Damage, or Misuse of University or Private Property: This includes but is not limited to all University property, whether that property be buildings, library materials, computer hardware, software and network, trees and shrubbery or University files and records; violation of University or student government rules for use of campus facilities; tampering with safety equipment, including but not limited to fire alarms, fire equipment or escape mechanisms and elevators. (The latter is a particularly serious violation of this Code.)
16. Dangerous Materials-Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on Idaho State University premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.
17. Disruptive Activities-Participating in an on- 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.
18. Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University sponsored or supervised functions.
19. Disorderly Conduct-Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by the University or members of the academic community. 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 his/her prior knowledge, or without his/her 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.
20. Misuse of Technology-Theft or other abuse of computer facilities and resources, including but not limited to:
  1. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
  2. Unauthorized transfer of a file.
  3. Use of another individual's identification and/or password.
  4. Use of computing facilities and resources to interfere with the work of another student, faculty member or University official.
  5. Use of computing facilities and resources to send obscene or abusive messages.
  6. Use of computing facilities and resources to interfere with normal operation of the University computing system.
  7. Downloading, sharing and/or distributing copyrighted materials without the permission of the copyright holder and/or any other use of computing/network resources in violation of copyright law.
  8. Any violation of the University Computer Acceptable Use Policy. (See isu.edu/fs-handbook/part3/3_8/3_8.html)
21. Abuse of the Student Conduct System, including but not limited to:
  1. Failure to obey the notice from a Student Conduct Board or University official to set an appointment or appear for a meeting or hearing as part of the Student Conduct System.
  2. Falsification, distortion, or misrepresentation of information before a Student Conduct Board.
  3. Disruption or interference with the orderly conduct of a Student Conduct Board proceeding.
  4. Institution of a student conduct code proceeding in bad faith.
  5. Attempting to discourage an individual's proper participating in, or use of, the student conduct system.
  6. Attempting to influence the impartiality of a member of a Student Conduct Board prior to, and/or during the course of, the Student Conduct Board proceeding.
  7. Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Board prior to, during, and/or after a student conduct code proceeding.
  8. Failure to comply with the sanction(s) imposed under the Student Code.
  9. Influencing or attempting to influence another person to commit an abuse of the student conduct code system.
22. Sexual Misconduct-The University does not tolerate any form of sexual misconduct and encourages all members of the University community to report any and all incidents of sexual misconduct to one of the following:
  * ISU Public Safety (282-2515)
  * ISU Student Affairs (282-2794)
  * EEO/Affirmative Action Office (282-3973)
  * Janet C. Anderson Gender Resource Center (282-2805)
  * University Housing Department Staff Members (282-2120)
  * Pocatello Police Department (234-6100)
  
  If you believe you have been involved in an incident of sexual misconduct, you have the right to pursue action through the University Student Conduct system (if the perpetrator is a student) and/or the appropriate law enforcement authorities, and/or the courts. ISU further encourages anyone who has been involved in such an incident to pursue action through appropriate law enforcement authorities and/or the courts. The University wishes to encourage victims to report incidents of sexual misconduct and therefore reserves the right to waive disciplinary charges against victims for circumstances surrounding the incident. For example, a victim who had been an underage drinker would not typically face charges of violating alcohol policies. Sexual Misconduct is any sexual act which violates the laws of the State of Idaho; and/or includes, but is not limited to: acts of rape (stranger and acquaintance or date rape) and other forms of coerced sexual activity, including unwanted touching, fondling or other forms of sexual conduct. Any sexual activity which is entered into without consent of both or all persons involved is a violation of this policy. Affirmative consent [to sexual relations] is required, either verbally or by acts unmistakable in their meaning.
  
  A person may not avoid responsibility for a sexual activity because of impairment due to the influence of alcohol or other drugs. A person is deemed incapable of giving consent when that person is a minor under the age of 18 years, is mentally disabled, mentally incapacitated, physically helpless, under the influence of alcohol or drugs to the point of being unable to make a rational decision, unconscious or asleep. The degree of impairment of a person's ability to give or withhold consent may be introduced as pertinent information at any University disciplinary hearing. A person always retains the right to revoke consent at any time during a sexual act.
  
  Sexual Assault or Sexual Harassment also encompasses acts as defined in University policies on sexual assault and sexual harassment.
23. Violation of Law and Idaho State University Discipline-Idaho State University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (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 this Student Conduct Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the University Student Conduct Administrator. Determinations made or sanctions imposed under this Student Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
24. Misconduct Abroad-Any student, who in any foreign country undertakes study or represents the University otherwise, remains subject to the Student Conduct Code. The University retains discretion as it considers appropriate to apply disciplinary action under the Code if the student violates any law, rule or regulation in that country or any institution where that student undertakes study.
Alcohol Violations and State Board of Education Policy
1. Regulations
  1. Consumption and possession of alcohol is prohibited in general use areas and residence halls and is permitted only in the living quarters of persons of legal age; e.g., student apartments, and other areas designated by the President with the approval of the State Board of Education. General use areas shall include all University owned, leased or operated facilities, and on-campus grounds.
  2. Distribution of alcohol to a minor is prohibited.
  3. Possession of alcohol by a minor is prohibited.
  4. Possession or consumption of alcohol in areas that are designated as "alcohol free" is prohibited.
  5. If a student violates the Student Conduct Code while under the influence of alcohol, this policy will also apply.
  6. Sale of alcohol, unless authorized by the State Board of Education and with the appropriate licenses and permits, is prohibited.
2. Enforcement
  1. All incidents of alcohol violations shall be reported to the Public Safety Office.
  2. All reports of incidents involving alcohol will be forwarded to the Student Conduct Administrator.
  3. The Student Conduct Administrator or his/her designee will be responsible for the following:
    1. Determining if an incident reported constitutes a violation of the University alcohol policy.
    2. Recording and tracking all students involved with alcohol violations.
    3. Notification of the criminal justice system, when warranted, of the behavior of an individual involved in an incident.
    4. Enforcing sanctions described.
3. Sanctions
  1. Minimum Sanctions
    The sanctions described are minimum sanctions and do not limit the disciplinary power of the University in any matter involving Student Conduct Code violations.
  2. Infractions and Mandatory Sanctions
    1. First infraction of the Academic Year. Student must attend an alcohol education class and will be placed on University conduct probation.
    2. Second infraction in the Academic Year without injury or conduct likely to lead to injury. Student is placed on disciplinary probation and, at the student's expense, must submit to a substance abuse evaluation administered by a qualified authority. The student will provide the evaluation results or authorize the release of the evaluation results to the Student Affairs Office.
    3. Second infraction in the Academic Year with injury or conduct likely to lead to injury. Student is placed on disciplinary probation, and, at the student's expense, must submit to a substance abuse evaluation performed by a recognized authority. The student will provide the evaluation results or authorize the release of the evaluation results to the Student Affairs Office. The Student Conduct Administrator or his/her designee may share all records of the incident with the Pocatello Police Department or other appropriate law enforcement agencies as deemed necessary.
    4. Third infraction in the Academic Year without injury or conduct likely to lead to injury. Student is suspended from the University for one academic semester.
    5. Third infraction in the Academic Year with injury or conduct likely to lead to injury. Student is suspended from the University for at least one academic year and all records involving the incident may be shared with the Pocatello Police Department or other appropriate law enforcement agencies as deemed necessary by the Student Conduct Administrator or his/her designee.
    6. Recording Cycle for Violations is One Academic Year. The academic year begins the first day the residence halls open for the fall semester and will continue through the day prior to the residence halls opening for the next academic year.
    7. Right of Appeal. The student may appeal to the Dean of Students. The procedure described in the Student Handbook will apply. On-campus residents who live in residence halls and who violate the alcohol policy in on-campus housing will be governed by the policy and appeals process described in the University Housing Standards of Residence Life Handbook.
    Students who violate the Student Code of Conduct are subject to disciplinary action through the Residence Hall and/or the University Student Conduct system. Students may also be subject to arrest and prosecution in cases where state laws have been violated. Sanctions up to and including expulsion may be imposed for drug or alcohol violations. A conviction for violation of state or federal drug laws may jeopardize federal financial aid. The University will attempt to help students who have a problem and wish to receive assistance in dealing with that problem. The University will not, however, condone illegal activity; continued violation of drug or alcohol policies may result in expulsion.

Article V: Student Conduct Code Rights and Procedures

Procedural Rights
The University affords students the following rights in the adjudication of alleged student violations of the Student Code of Conduct, Rights, Responsibilities and Conduct Code System.

For all types of hearings, the student has the right to:
1. fair and impartial hearings;
2. an expeditious hearing;
3. written notification of the date, time, and place, of the hearing;
4. a written statement of the charges in sufficient clarity to enable the student to prepare a defense;
5. appear in person and to present a defense to the Student Conduct Administrator or Student Conduct Board;
6. be accompanied by an advisor of his/her choice at his/her own expense. The student must provide name of the advisor to the Student Conduct Administrator at least 48 hours prior to the hearing.
For an administrative expedited hearing, a student is also entitled to:
1. Verbal notification of the decision immediately after the decision has been reached and to receive a written notification of the decision reached by the Student Conduct Administrator within three (3) working days after the expedited hearing. This notification will include written findings, decisions and conclusions. Any further disclosure of the decision is at the discretion of the Student Conduct Administrator.
2. A notice that acceptance of the expedited hearing administrative proposal constitutes a waiver of the right to appeal.
For full board hearings, a student is also entitled to:
1. Appear in person and to present his/her defense to the Student Conduct Board and to call witnesses in his/her behalf.
2. Be accompanied by an advisor of his/her choice at his/her own expense. The student must provide name of the advisor to the Student Conduct Administrator at least 48 hours prior to the hearing.
3. Ask questions of any witnesses. The advisor accompanying students may be allowed to ask questions of any witnesses at the discretion of the Student Conduct Board. All questions should be directed to the Chair of the Student Conduct Board.
4. Not to appear on his/her own behalf and to refuse to answer questions. This action will not be taken as an admission of responsibility.
5. Verbal notification of the decision immediately after the decision has been reached and to written notification of the decision reached by the Student Conduct Board within three (3) working days after the hearing. This notification will include written findings, decisions and conclusions of the Student Conduct Board. Any further disclosure of the decision is at the discretion of the Student Conduct Board.
6. Appeal-The student may appeal the decision of the Student Conduct Board to the Dean of Students or his/her designee. The Vice President may hear the appeal alone or as a part of a three-person Appellate Board. The appeal must be filed in writing within five (5) working days to the Office of the Dean of Students. A second level of appeal is available to the president of the institution, but only for cases involving sanctions of suspension or expulsion. To initiate this final appeal, a student must send a letter to the University Student Conduct Administrator (Mail Stop 8123) within (5) five business days. All appeal letters must identify whether the appeal is based on:
  1. new evidence sufficient to alter the decision;
  2. procedural irregularities of a serious nature;
  3. sanctions inappropriate for the type of violation;
  4. decision based upon insufficient data; or
  5. a combination of the above.
  The student will receive written notification-in advance of the appeal hearing-giving names of witnesses and locations of statements, exhibits or evidence that might be introduced in the hearing and with right of inspection.
Filing Complaints, Investigating Complaints and Student Conduct Board Hearings
1. Any member of the Idaho State University community may file a complaint against a student for violations of the Student Conduct Code. Most often, the initial report is made to Public Safety, whose officers create a standard report and forward it-as appropriate-to the Student Conduct Administrator for consideration of possible Student Conduct Code violations. Alternatively, a complaint may be prepared in writing and directed to the Student Conduct Administrator (Office of Student Affairs). Any charge should be submitted as soon as possible after the event takes place, preferably within five working days.
2. The Student Conduct Administrator may conduct an investigation to determine if the charges have merit. If not, no action is taken. If there is apparent merit, the Student Conduct Administrator then determines whether the incident(s) can be disposed of administratively (expedited hearing) by mutual consent of the parties involved. If not, a Student Conduct Board hearing will be held. An expedited hearing decision shall be final and there shall be no subsequent proceedings. A record of the outcome will be kept for seven years.
  
  If the Code violations are not admitted and/or cannot be disposed of by mutual consent, the Student Conduct Administrator may later serve in the same matter as the Student Conduct Board or a member thereof. If the Respondent (student who is charged with violating the Student Code) admits violating institutional rules, but sanctions are not agreed to, the subsequent process, including a hearing if necessary, shall be limited to determining the appropriate sanction(s). In addition to cases in which agreement on responsibility or sanctions cannot be reached, any case that appears to have a reasonable likelihood of resulting in suspension or expulsion as a sanction may be referred to the Student Conduct Board for a full hearing, as may other cases at the Student Conduct Administrator's discretion.
3. All charges shall be presented to the Respondent in written form. A time shall be set for an administrative expedited hearing or Student Conduct Board hearing, normally not more than fifteen calendar days after the student has been notified. Maximum time limits for scheduling of initial hearings may be extended at the discretion of the Student Conduct Administrator, for example because of unusual complexity.
4. Administrative expedited hearings shall be conducted by a Student Conduct Administrator. The Respondent is entitled to have an advisor present, but that advisor will not represent the student. The Respondent will receive written notice of the Code sections thought to have been violated, reasonable time to prepare, an opportunity to offer personal perspectives on the information presented, and notice of the waiver of appeal rights if the expedited hearing decision is accepted. The Student Conduct Administrator's decision will be relayed verbally to the student when the expedited hearing is complete, and confirmed in writing within three business days.
5. Student Conduct Board hearings shall be conducted by a Student Conduct Board according to the following guidelines except as provided by Article V.B.8. below:
  1. Student Conduct Board hearings normally shall be conducted in private.
  2. The Complainant, Respondent, and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Board hearing shall be at the discretion of the Student Conduct Board and/or its Student Conduct Administrator.
  3. In Student Conduct Board hearings involving more than one Respondent, the Student Conduct Administrator, in his or her discretion, may permit the Student Conduct Board hearings concerning each student to be conducted either separately or jointly.
  4. The Complainant and the Respondent have the right to be assisted by an advisor they choose, at their own expense. The Complainant and/or the Respondent is responsible for presenting his or her own information; and therefore, advisors are not permitted to speak or to participate directly in any Student Conduct Board hearing before a Student Conduct Board. A student should select as an advisor, a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. The Board will provide an advisor for each party upon request. Board advisors may be members of the Board not taking part in the actual hearing.
  5. The Complainant, the Respondent and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board. Idaho State University will try to arrange the attendance of possible witnesses who are members of the Idaho State University community, if reasonably possible, and who are identified by the Complainant and/or Respondent at least two weekdays prior to the Student Conduct Board hearing. Witnesses will provide information to and answer questions from the Student Conduct Board. Questions may be suggested by the Respondent and/or complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Board with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an overly adversarial environment. Questions of whether potential information will be received shall be resolved at the discretion of the chairperson of the Student Conduct Board.
  6. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Student Conduct Board at the discretion of the chairperson.
  7. All procedural questions are subject to the final decision of the chairperson of the Student Conduct Board.
  8. After the portion of the Student Conduct Board hearing concludes in which all pertinent information has been received, the Student Conduct Board shall determine (by majority vote if the Student Conduct Board consists of more than one person) whether the Respondent has violated each section of the Student Code which the student is charged with violating.
  9. The Student Conduct Board's determination shall be made on the basis of whether it is more likely than not that the Respondent violated the Student Code.
  10. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.
6. There shall be a single verbatim record, such as a tape recording, of all Student Conduct Board hearings (not including deliberations). Deliberations shall not be recorded. The record shall be the property of the Idaho State University.
7. If a Respondent-with notice-does not appear before a Student Conduct Board hearing, the information in support of the charges shall be presented and considered even if the Respondent is not present with no assumptions being made about responsibility because of the absence.
8. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the University Student Conduct Administrator to be appropriate.
9. After the Student Conduct Board hearing, the Student Conduct Board and the Student Conduct Administrator will advise each respondent, group or organization in writing of its determination and of any imposed sanction. Each record of any disciplinary process or sanction imposed under the Code involving a respondent and any alleged victim may constitute an educational record that applicable law may prohibit the University from releasing.
Sanctions
1. The following sanctions may be imposed-singly or in combination-upon any student found to have violated the Student Conduct Code:
  1. Verbal Warning-A verbally-delivered notice that the behavior in question failed to meet the core standards of the Student Code.
  2. Written Warning-A written notice to the student that the student is violating or has violated institutional regulations. A record of the warning is kept in the student's file.
  3. Conduct Probation-A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
  4. Disciplinary Probation-This sanction is close to suspension and may carry with it a loss of privileges.
  5. Loss of Privileges-Denial of specified privileges for a designated period of time, including the privilege of representing the University in official capacities. However, decisions about eligibility to participate in NCAA intercollegiate competitions are reserved to the Department of Athletics.
  6. Restitution-Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
  7. Discretionary Sanctions-Work assignments, essays, service to Idaho State University, or other related discretionary assignments.
  8. University Housing Suspension-Separation of the student from ISU University Housing for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
  9. University Housing Expulsion-Permanent separation of the student from University Housing.
  10. University Suspension-Separation of the student from Idaho State University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. Suspension shall in no case be longer than two calendar years.
  11. University Expulsion-Permanent separation of the student from Idaho State University. Expulsion carries with it an automatic appeal to the Dean of Students or designee.
  12. Alcohol Sanctions-At the direction of the State Board of Education these sanctions have been established for alcohol violations at state institutions of higher education.
    
    The sanctions described are minimum sanctions and do not limit the disciplinary power of the University in any matter involving Student Code of Conduct violations.
    1. First infraction in the academic year-Student must attend an alcohol education class and will be placed on University conduct probation.
    2. Second infraction in the academic year without injury or conduct likely to lead to injury-Student is placed on disciplinary probation and, at the student's expense, must submit to a substance abuse evaluation administered by a qualified recognized authority. The student will provide the evaluation results or authorize the release of the evaluation results to the Student Affairs Office.
    3. Second infraction in the academic year with injury or conduct likely to lead to injury-Student is placed on disciplinary probation and, at the student's expense, must submit to a substance abuse evaluation performed by a recognized authority. The student will provide the evaluation results or authorize the release of the evaluation results to the Student Affairs Office. The Student Conduct Administrator or his/her designee may share any records of the incident with the Pocatello Police Department or other appropriate law enforcement agencies as deemed necessary.
    4. Third infraction in the academic year without injury or conduct likely to lead to injury-Student is suspended from the University for a period of one academic semester.
    5. Third infraction in the academic year with injury or conduct likely to lead to injury-Student is suspended from the University for at least one academic year, and all records involving the incident may be shared with the Pocatello Police Department or other appropriate law enforcement agencies as deemed necessary by the Student Conduct Administrator or his/her designee.
    6. Recording cycle for violations is one academic year-The academic year begins the first day the residence halls open for the fall semester and will continue through the day prior to the residence halls opening for the next academic year.
    7. Right of appeal for alcohol sanctions-A student may appeal to the Dean of Students or to the Student Conduct Board. The procedure described in the Student Handbook will apply. Violations occurring in University Housing may result in a separate violation of housing policy. See the Standards of Residence www.isu.edu/housing/manual.shtml for specific appeal procedures.
  13. Marijuana sanctions (minimum sanctions):
    1. First infraction in the academic year-Student must attend a marijuana class (cost will be paid by the student) and will be placed on University conduct probation for a minimum of one semester.
    2. Second infraction in the academic year without injury or conduct likely to lead to injury-Student is placed on disciplinary probation and, at the student's expense, must submit to a substance abuse evaluation administered by a qualified recognized authority. The student will provide the evaluation results or authorize the release of the evaluation results to the Student Affairs Office.
    3. Second infraction in the academic year with injury or conduct likely to lead to injury-Student is placed on disciplinary probation and, at the student's expense, must submit to a substance abuse evaluation performed by a recognized authority. The student will provide the evaluation results or authorize the release of the evaluation results to the Student Affairs Office. The Student Conduct Administrator or his/her designee may share any records of the incident with the Pocatello Police Department or other appropriate law enforcement agencies as deemed necessary-the University has discretion to suspend the Student.
    4. Third infraction in the academic year without injury or conduct likely to lead to injury-the University has discretion to suspend the Student.
    5. Third infraction in the academic year with injury or conduct likely to lead to injury-Student is suspended from the University for at least one academic year, and any records involving the incident may be shared with the Pocatello Police Department or other appropriate law enforcement agencies as deemed necessary by the Student Conduct Administrator or his/her designee.
    6. Right of appeal for marijuana sanctions-A student may appeal to the Dean of Students or to the Student Conduct Board. The procedure described in the Student Handbook will apply.
    7. Recording cycle for violations is one academic year-The academic year begins the first day the residence halls open for the fall semester and will continue through the day prior to the residence halls opening for the next academic year.
  14. Revocation of Admission and/or Degree-Admission to or a degree awarded from the Idaho State University may be revoked for fraud, misrepresentation, or other violation of Idaho State University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
  15. Withholding Degree-The Idaho State University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.
2. A disciplinary sanction becomes part of the student's permanent academic record only as set forth in this paragraph. A student's permanent academic record includes any disciplinary sanction that comprises:
  1. expulsion, which the University automatically records onto the student's academic transcript, or
  2. any revocation or withholding of the student's degree.
3. Each University-related group or organization has a privilege to conduct its activities at the University, subject to its compliance with the Code. Accordingly, the University has discretion to impose upon any University-related student group or organization any one or more of the following sanctions:
  1. each sanction described in Article V.C.
  2. loss of any applicable University-related privilege during any time period that the University specifies; and
  3. permanent loss of either University recognition or any other applicable University-related privilege.
Appeals
1. A decision reached or sanction assigned by the Student Conduct Board or a decision reached or sanction assigned by a Student Conduct Administrator (except in an expedited hearing) may be appealed by the Respondent(s) to the Dean of Students or designee within five (5) school days of the decision. Such appeals shall be in writing and shall be delivered to the Student Conduct Administrator or his/her designee.
  Appeals may be heard by either a Student Conduct Administrator or a three-person board.
2. The appeal shall consist of a conversation with the appellant and a review of the verbatim record of the Student Conduct Board hearing and supporting documents for one or more of the following purposes:
  1. To determine whether the Student Conduct Board hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated, and giving the Respondent a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
  2. To determine whether the decision reached regarding the Respondent was based on substantial information; that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred.
  3. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.
  4. To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Board Hearing.
3. If an appeal is upheld, the Student Conduct Administrator shall determine what responsibility, if any, exists for violation of the Student Conduct Code and what the appropriate sanctions are. Alternately, the Student Conduct Administrator may remand the case to a Student Conduct Board panel for a new hearing. That decision is final unless the respondent exercises a second-level appeal.
4. A second appeal is available to the President of the institution, but only for cases involving sanctions of suspension or expulsion. A letter requesting such appeal shall be submitted to the Student Conduct Administrator within five (5) working days of receipt of the appellate decision.
5. Sanctions issued following Student Conduct Board hearings shall not be implemented until all appeals have been either exhausted or voluntarily waived.
Disclosure of the Outcome of Student Conduct Hearings to Victims and/or Others
When an alleged Student Conduct Code violation would constitute a crime of violence (e.g., battery, sexual assault), and the alleged violator is found responsible by the Student Conduct Administrator or Board, the University shall disclose the outcome of the conduct hearing and the sanction to the victim. However, under applicable law, the victim is not allowed to re-disclose that information and will be made aware of that.
When an alleged Student Conduct Code violation would constitute a crime of violence, and the violator is found responsible, the University, again under applicable Federal Law, retains the right to disclose the name of the violator, the portion of the Conduct Code which was violated, and the sanctions, to anyone, which information may be re-disclosed. For a legal reference, see the Family Educational Rights and Privacy Act, §99.31(a)(13), and 20 U.S.C. 1232g.
Interim Suspension
In certain circumstances, the University Student Conduct Administrator, or a designee, may impose an Idaho State University or residence hall suspension prior to the Student Conduct Board Hearing before a Student Conduct Board.
1. Interim suspension may be imposed only: a) to ensure the safety and well-being of members of the Idaho State University community or preservation of Idaho State University property; b) to ensure the student's own physical or emotional safety and well-being; or c) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of Idaho State University.
2. During the interim suspension, a student shall be denied access to the residence halls and/or to the campus (including classes) and/or all other Idaho State University activities or privileges for which the student might otherwise be eligible, as the University Student Conduct Administrator or designee may determine to be appropriate.
3. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Board Hearing, if required.
  
  However, the student should be notified in writing of this action and the reasons for the suspension. The notice should include the time, date, and place of a subsequent hearing at which the student may show cause why his/her continued presence on the campus does not constitute a threat (and at which they may contest whether a campus rule was violated).

Article VI: Interpretation and Revision

Any question of interpretation or application of the Student Conduct Code shall be referred to the University Student Conduct Administrator or his/her designee for final determination.
The Student Code shall be reviewed at least every five (5) years under the direction of the Student Conduct Administrator.

Article VII: 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 emergency, must be brought under the Student Code of Conduct, Rights, Responsibilities and Structure. Students are guaranteed all substantive and procedural rights specified herein in such proceedings.

Last Modified: 08/31/10 at 04:56:04 PM