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Student Rights, Responsibilities, and the Judicial Structure

Students are not only members of the academic community, but 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.

1. Definitions:
   1. The term “University” means Idaho State University.
   2. The term “student” includes all persons enrolled in courses at the University, both full-time and parttime, pursuing undergraduate, graduate, certificate, or professional studies and those who attend postsecondary 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 made application for enrollment or financial aid, etc., are considered students.
   3. The term “guest” applies to any person not associated with the University community or otherwise defined in this section of definitions.
   4. The term “faculty member” means any person hired by the University to conduct classroom activities, research or other related academic activities.
   5. The term “University official” includes any person employed by the University and performing assigned administrative or professional responsibilities.
   6. The term “member of the University community” includes any person who is a student or employee of the University.
   7. 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).
   8. The standard of proof for determining violations of the Idaho State University Student Code of Conduct is defined as a “preponderance of the 1 3 evidence.” This means that based on the evidence presented, it is more reasonable to believe that the student did violate the code than that he or she did not violate the code.
2. Student Substantive Rights
   1. Freedom of Association
      Students are free to organize and to participate in associations of their own choosing, subject only to reasonable University regulations insuring that such associations are neither illegally discriminatory in their treatment of other members of the University nor operating 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 representation or 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.
      2. Affiliation with an extramural organization shall not in itself disqualify a student organization from institutional recognition or 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. All student organizations wishing to be officially recognized by the Associated Students of Idaho State University (ASISU) must have an advisor who is a full-time employee of the University. The advisor’s role is to assist the organization, but not to control the activities of the organization. Freedom of association will not be denied if an association is unwilling or unable to secure an advisor.
      4. As a condition of recognition, student organizations are required to submit a statement of purpose, criteria for membership, rules of procedure and a current list of officers to the Committee on Student Organizations.
      5. A student organization which is found by the Committee on Student Organizations to be operating in a manner that is illegally discriminatory in its treatment of other members of the University community, may have its privileges to use University facilities withdrawn.
   2. 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 neither be controlled nor forbidden when they are neither disruptive nor 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. (Students are also governed by applicable city, state, and federal laws.) 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 insure 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, page 23.)
   3. Freedom of the Press
      There will be no ideological censorship in the determination of printed matter 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 found in the Policy Directive of the 1 4 Communications Board. (See Communications Board Policy, page 24)
   4. 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 express 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 that are prepared on a confidential basis. (See the Family Educational Rights and Privacy Act, i.e., Buckley Amendment, for further details.) However, there are limited exceptions.
   5. Disclosure of the Outcome of Judicial Hearings to Victims and/or Others
      When an alleged Student Code of Conduct (hereafter ‘Code’) violation would constitute a crime of violence (e.g., battery, sexual assault), and the alleged violator is found responsible by the Judicial Officer or Board, the University shall disclose the outcome of the judicial 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 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, §99.33, §99.31(a)(13), and 20 U.S.C. 1232g.
   6. Right of Privacy
      Except in emergency circumstances, campus authorities will not enter premises occupied by students unless appropriate authorization has been obtained. Residence hall rooms may, however, be subjected to reasonable inspections by staff and resident advisors 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 Vice President for 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 Vice President for Student Affairs or his/her designee.
   7. 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.
   8. Sexual Harassment
      Students have the right to protection from sexual harassment, as defined and addressed in two areas of the student handbook: See II.B.2.c. “Sexual Assault/Misconduct” in the student code (pg. 18) or the EEO/Affirmative Action Policy of the University (pg. 27) or contact the Division of Student Affairs. Information can also be found at the Faculty/Staff Handbook website http://www.isu.edu/fs-handbook/part6/6_6/6_6.html and the Idaho State University Student Handbook website.
   9. Procedural Rights
      The University guarantees due process in the adjudication of alleged student violations of the Student Code of Conduct, Rights, Responsibilities and Judicial Structure.
      1. The student has the right to fair and impartial hearings.
      2. The student has the right to an expeditious hearing of his/her case.
      3. 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 (3) working days to the University Judicial Board through the Office of the Vice President for 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 date, time, and place, of the hearing;
         2. a written statement of the charges in 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 and with right of inspection.
      4. 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.
      5. 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 Vice President for Student Affairs at least 48 hours prior to the hearing.
      6. The student has the right to ask questions of any witnesses. Counsel accompanying students may be allowed to ask questions of any witnesses at the discretion of the Judicial Board. All questions should be directed to the Chair of the Judicial Board.
      7. The student has the right not to appear on his/her own behalf and to refuse to answer questions. This action would not be taken as an admission of responsibility.
      8. The student has the right to be verbally notified of the decision immediately after the decision has been reached 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.
   10. 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 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, (page 6).