Code of Student Rights

The Code of Student Rights and Responsibilities

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Section	Subject	Pages
Article I	Student Rights	1-3
Article II	Responsibilities	3-5
Article III	Authority and Jurisdiction	5
Article IV	Proscribed Conduct	6-9
Article V	Violation of Law and University Discipline	9
Article VI	Judicial Policies	10-13
Article VII	Sanctions	13-17
Article VIII	Appeals	17-19
Article IX	Interpretation and Revision	19
Article X	Definition of Terms	19-21

Revised by the Missouri State University Board of Governors: August 31, 2001

Revised by the Missouri State University Board of Governors: July 2004

The Code of Student Rights and Responsibilities of
Missouri State University-West Plains

Article I: Student Rights

The following enumeration of rights shall not be construed to deny or disparage other rights not in conflict with this Code of Rights and retained by students in their capacity as members of the University Community or as citizens of the State or of the United States. This Code shall not be construed in any manner which might run counter to a reasonable construction of the Charter and Bylaws of the University and the direction of the Board of Governors, nor of the Constitution and Bylaws of the Faculty, nor of the Constitution of the Student Government Association; nor shall it be construed, interpreted, or applied in any manner which would seem detrimental to the privileges, purposes, aims, and goals of Missouri State University as a public institution of higher learning with a statewide mission in Public Affairs.
Federal and State constitutional guarantees of free inquiry, expression, and assembly are specifically restated as guarantees on this campus.
Students are free to pursue their educational goals and to have appropriate opportunities for learning in the classroom and on the campus as shall be provided by the University.
No disciplinary sanctions may be imposed upon any student without following procedural due process, as described in Article VI of this code.
Within the limits of its facilities, the University shall be open to all applicants who are qualified according to the admission requirements, which may be adopted and established from time to time. An applicant may not be denied admission solely because of race, color, religion, sex, national origin, ancestry, age, disability, or veteran status.
Discussion and expression of all views relevant to the subject matter is permitted in the classroom subject only to the responsibility of the instructor to maintain order and a climate conducive to learning, within the stated goals and purposes of the University.
All students shall have the right to be protected from prejudiced academic evaluations unrelated to academic performance based on the student’s views, opinions, political associations, organizational memberships, or the instructor’s biases based on the character of the student. Furthermore, all students shall have the right to appeal a grade to the instructor, department head, and Dean of Arts and Sciences.
Discussion and expression not inconsistent with the laws of the State and the United States, and in the manner, time, and place prescribed by University policy, are permitted within the institution. Support of any cause by orderly means is permitted, subject to the paramount rights of the University, the safety and rights of individuals, the protection of property, and the continuity of the educational process.
The University encourages expression of informative and differing viewpoints on issues and will support the presence on the campus of responsible persons representing various views. The University reserves the right to specify the conditions of time, place, and manner of speakers through the University Public Forum Policy.
Organizations and groups may be established within the University for any lawful purpose. Affiliation with an extramural organization shall not, in itself, qualify or disqualify the University branch or chapter from institutional privileges. A group shall become an organization when formally recognized by the University according to the procedures and regulations established by the Office of Student Life and Development. No group may be so recognized or continue to be recognized if its purposes or programs are in conflict with this Code of Rights or with the laws of the State or of the United States.
A student group or organization may distribute written material on campus without prior approval provided that such distribution is consistent with the University’s Advertisement and Solicitation Policies and the laws of the State or of the United States, and provided that it does not disrupt the operation of the University.
The student press is to be free of censorship. The editors and managers shall not be arbitrarily suspended because of student, faculty, administration, alumni, or community disapproval of editorial policy or content.
All students shall have the right to be represented in the Student Senate of the Student Government Association and they shall further have all rights that constituents in democratic societies have including, but not limited to, the right of petition and recall of their representatives.
Students have limited rights of privacy, which extend to living quarters in residence halls. The following activities shall not be considered to impinge upon such rights of privacy: the search of student rooms by civil authorities in accordance with local, state, or federal laws; the search of student rooms by University Officials in accordance with the University’s Administrative Search Procedure; the removal of substances or property in violation of University policy, or law, during a routine health or safety inspection; the removal of substances or property in violation of University policy or law, in plain view; the removal of substances or property in violation of University policy or law during a situation when a University Official, in the course of his/her duties, believes an emergency situation exists which poses threat of harm to a member of the campus community or to University property. Students should not expect these limited rights of privacy to extend to computer accounts and electronic mail. The University reserves the right to access student files and accounts as a part of normal routine tasks and for the purposes of investigating alleged wrongdoing.
All students shall have the right to have their academic and disciplinary records protected from unauthorized access by any person without the written consent of the student involved, except under compulsion by a University panel or civil court, the University Board of Governors, or as allowed by state and federal law.
All students shall have the right to access, according to published University regulations and/or procedures, all University structures where student fees or fines directly contribute to the upkeep of said buildings, except private offices and other areas where student access could compromise privacy. These buildings shall include, but are not limited to, Putnam Student Center, Grizzly House, Looney Hall, Lybyer Enhanced Technology Center, Melton Hall, Garnett Library, Kellett Hall, and Drago College Store.
All students shall have the right to be secure from having their rights infringed upon by University administrators, faculty, support staff, or fellow students.

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Missouri State University has a single purpose: to develop educated persons. It is thus committed to the search for knowledge. It recognizes that human curiosity explores unknown intellectual worlds as well as unknown physical worlds. In a world where knowledge can become outdated in less than a decade, the University is committed to the discovery and dissemination of knowledge that serves the future.

Educated persons are developed through the interaction of competent, caring faculty and capable, motivated students, supported by dedicated professional staff. It is assumed that the three components of the University, faculty, students, and staff, come together as a community in pursuit of the single purpose of the University. In joining this community, students voluntarily assume certain responsibilities that are necessary for promoting the welfare of the community. Although no definitive list of responsibilities can ever truly be developed, the following represent the main responsibilities students assume by becoming citizens of the University community.

Academic integrity and honesty are the foundation of the University community. Students are expected to practice academic integrity in all assigned work. Students are also expected to be honest in all interactions with other students, faculty, and staff.
The University has the inherent right to promulgate appropriate rules and regulations for the orderly conduct of University business and the protection of the health and safety of the University community. Students are expected to comply with all published and stated rules and regulations.
Members of the faculty and staff have the authority to properly direct student conduct in concert with the authority stated above. Students are expected to comply with directives of University officials who are acting in performance of their duties. Students must comply with directives even when they disagree with them. A student retains the right to appeal an issued directive through the administrative structure that exists for the faculty or staff member who issued the directive, through established policies.
The search for knowledge can only take place within an atmosphere of open exchange. Open exchange can only take place in an environment of respect and civility. The University has an economically, culturally, and ethnically diverse population. Students are expected to respect differences of culture, lifestyles, and religions as well as to respect freedom of expression. Additionally, students are expected to behave in a manner that is both respectful and civil.
The campus and its grounds, facilities, and equipment are provided largely by the people of the State of Missouri for the students of the University. Students are expected to protect and guard these resources
Individual compliance with University rules and regulations can only partially insure a safe and orderly environment. Being a responsible member of the community also implies encouraging behaviors in others which are consistent with these rights and responsibilities, discouraging behaviors which are inconsistent, and taking positive action in the face of violations. Minimally, students are expected to participate in the process of adjudicating violations of University expectations, rules, and/or regulations. This implies that students will report violations for which they have knowledge and participate in the judicial process as necessary.
Good Samaritan Policy. The welfare of our students is of the highest importance to Missouri State University. There will be times when individual students, both on and off campus, may be in critical need of assistance from medical or other professional personnel. Missouri State University hopes that these students will seek help and that other students will respond to obtain the help that their fellow student needs. To that end, Missouri State University wants to minimize any hesitation that students might have in obtaining help due to concern that their own behavior might be a violation of University policy.
While policy violations cannot be overlooked, the Office of Student Life and Development will take into consideration the positive impact of reporting an incident on the welfare of students when determining the appropriate response for policy violations by the reporter of the incident. Any possible negative consequences for the reporter of the problem should be weighed against the possible negative consequences for the student who needs intervention. At a minimum, Missouri State University hopes that a student would make an anonymous report that would put the student in need in touch with professional helpers.

Examples where the Good Samaritan Policy may influence educational sanctions are:
- A female student is reluctant to report that she has been sexually assaulted because she had been smoking marijuana just prior to the assault.
- A student is reluctant to call an ambulance when a friend becomes unconscious following an excessive consumption of alcohol because the reporting student is under the age of 21 and also was consuming alcohol.
- A member of a student organization is reluctant to report a possible suicide attempt by a prospective member because prospective members have been required to perform activities that may be considered hazing.
In all three of these examples, a student’s physical and/or psychological well-being is in serious jeopardy.
Attending classes becomes a responsibility of students when they are admitted to the University and for as long as they are in good standing. Students are expected to attend class in accordance with the rights and responsibilities afforded them by the University’s Attendance Policy.
The primary interaction between faculty and students, which produces educated persons, is in the classroom in the individual course setting. Students are expected to master the course content in compliance with the syllabus of the course instructor. Requirements of participation in classroom discussion and submission of written exercises are not inconsistent with this document.
The course instructor has original jurisdiction over his/her class and may deny a student who is unduly disruptive the right to attend the class. Students are expected to master the course content in compliance with the syllabus of the course instructor. The student is expected to comply with all reasonable directives of the course instructor. The course instructor may have a student administratively withdrawn from a course upon showing of good cause and with the concurrence of the Coordinator of Student Life and Development.

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Article III: Authority and Jurisdiction

The State of Missouri has delegated, by statute, authority for the governance of Missouri State University to the Board of Governors. This includes "full power and authority to adopt all needful rules and regulations for the guidance and supervision of the conduct of all students while enrolled as such" and the authority to enforce obedience to those rules and regulations. It also has the power to delegate disciplinary authority.
Generally, jurisdiction and discipline shall be limited to conduct which occurs on University premises or which adversely affects the University Community and/or the pursuit of its objectives.

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Article IV: Proscribed Conduct

Acts of dishonesty that are related to a student’s academic performance, and any incident of alleged academic honesty committed by any student at Missouri State University outside of the context of enrollment in any particular course, are governed by Academic Regulations. This document is available in the "Undergraduate Catalogue", and at http://www.WP.MissouriState.Edu/catalog/2003-2005_Catalog/Academic_regulations.htm and in the Office of Academic Affairs. Any one of the following acts constitutes academic dishonesty: cheating, fabrication, plagiarism, or facilitating academic dishonesty. Definitions of these acts are included in Article X: Definition of Terms. When an act of dishonesty is of a non-academic nature, the policies of this Code are in effect. Acts of dishonesty may include, but are not limited to, the following:
1. Furnishing false information to any University official, faculty member, or office.
2. Forgery, alteration, or misuse of any University document, record, or instrument of identification.
3. Tampering with the election of any student organization.
Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other University activities, including its public-service functions on or off campus, or other authorized non-University activities, when the act occurs on University premises.
Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct, which threatens or endangers the health or safety of any person.
Attempted or actual theft of and/or damage to property of the University or property of a member of the University community or other personal or public property.
Hazing, defined as a willful act on or off the campus of the University, directed against a student or prospective member of an organization recognized or registered by the University, that recklessly endangers the mental or physical health or safety of a student or prospective member for the purpose of initiation or admission into or continued membership in any such organization to the extent that such person is knowingly placed at substantial risk of the loss of life or substantial bodily or psychological harm. Acts of hazing shall include, but not be limited to:
1. Any activity which recklessly endangers the physical health or safety of the student or prospective member, including, but not limited to, physical brutality, whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug or other substance, or forced smoking or chewing of tobacco products; or
2. Any activity which recklessly endangers the mental health of the student or prospective member, including but not limited to sleep deprivation, physical confinement, or other extreme stress inducing activity; or
3. Any activity that requires the student or prospective member to perform a duty or task which involves a violation of the criminal laws of this state or any University policies, rules, or regulations published in University documents.
Failure to comply with directions of University officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
Unauthorized possession, duplication, or use of keys to any University premises or unauthorized entry to or use of University premises.
Violation of University policies, rules, or regulations published in University documents: "The University Catalogue", "Policy and Ethics for Student Computer Use and Computer Network Use", "The Guide to University Living", the University’s "Policies"web page http://www.WP.MissouriState.Edu/studentlife/Policies/default.htm or other web sites, or in other sources with which a student could reasonably be expected to be familiar.
Violation of federal, state, or local laws and ordinances on University-premises or at University sponsored or supervised activities.
Use, possession, or distribution of narcotic or other controlled substances, or drug paraphernalia except as expressly permitted by law. Recommended minimum sanctions for the possession of drug paraphernalia and use or possession of marijuana or other controlled substances are outlined in 7.13.
Use, possession, or distribution of alcoholic beverages except as expressly permitted by the law and University regulations, or public intoxication. Recommended minimum sanctions for violations of the alcohol policy are outlined in 7.13.
Unauthorized fireworks and unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on University premises.
Tampering with fire alarms, extinguishers, and/or other safety equipment.
Participation in a campus demonstration which disrupts the normal operations of the University and infringes on the rights of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus.
Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University-sponsored or supervised functions.
Conduct, which is:
1. Disorderly, lewd, indecent, or obscene; or
2. A breach of peace; or
3. Aiding, abetting, or procuring another person to breach the peace on University.
Theft or other abuse of computer time, 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. Unauthorized use of another individual’s identification and password.
4. Use of computing facilities to interfere with the work of another student, faculty member, or University Official.
5. Use of computing facilities to send obscene or abusive messages.
6. Use of computing facilities to interfere with normal operation of the university computing system.
7. Violation of the University’s computer use policies.
Abuse of the Judicial System, including but not limited to:
1. Failure to obey the summons of a judicial body or University official.
2. Falsification, distortion, or misrepresentation of information before a judicial body.
3. Disruption or interference with the orderly conduct of a judicial proceeding.
4. Institution of a judicial proceeding knowingly without cause.
5. Attempting to discourage an individual’s proper participation in, or use of, the judicial system.
6. Attempting to influence the impartiality of a member of a judicial body prior to, during, and/or after a judicial proceeding.
7. Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to and/or during the course of the judicial proceeding.
8. Failure to comply with sanction(s) imposed under the Code of Rights and Responsibilities.
9. Influencing or attempting to influence another person to commit an abuse of the judicial system.
Sexual offenses specifically include, but are not limited to, the following acts with another person which occur without the consent (see 10.5) of the other person:
1. Forcible Sexual Offense: The involvement in any sexual act with another person, without the consent of the other person, in which there is force which overcomes reasonable resistance, or the threat of force, expressed or implied, or the use of duress or deception. The recommended minimum sanction shall be expulsion.
2. Nonforcible Sexual Offense: The involvement in any sexual act with another person, without the consent of the other person, particularly when the other person is incapacitated by drugs, alcohol, mental deficiency, or other disability. The recommended minimum sanction shall be suspension for one year.
3. Nonconsensual Sexual Contact: Any intentional touching of the genitals or anus of any person, or the breast of any female person. The recommended minimum sanction shall be suspension for one semester (a summer semester does not satisfy this requirement).
4. Sexual Related Offenses: Behavior that is sexually motivated, including but not limited to indecent exposure and voyeurism. The recommended minimum sanction shall be Denial of Privilege to Enroll for a minimum of one semester (a summer semester does not satisfy this requirement). In addition, before readmission will be granted, the individual must submit a psychiatric evaluation, which clearly demonstrates that s/he is not a danger to her/himself or others.
5. Sexual Harassment: Interaction of a sexual nature between people, which results in sex discrimination (for a more complete description, consult the definition of Sexual Harassment listed on the "All Students" web page). The recommended minimum sanction shall be Disciplinary Probation for one semester. (a summer semester does not satisfy this requirement) In addition, other sanctions may be applied, as needed; e.g. moving from one residence hall to another or a required change of academic schedule.

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Article V: Violation of Law and University Discipline

If a student is charged only with an off-campus violation of federal, state, or local laws, but not with any other violation of this Code, disciplinary action may be taken and sanctions imposed for grave misconduct, which demonstrates flagrant disregard for the University community. In such cases, no sanction may be imposed unless the student has been found guilty in a court of law or has declined to contest such charges, although not actually admitting guilt (e.g., "no contest" or "nolo contendere").
University disciplinary proceedings may be instituted against a student charged with violation of a law, which is also a violation of this Code, for example, if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceeding off-campus.
When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a judicial body under the Code, however, the University may advise off-campus authorities of the existence of the Code and of how such matters will be handled internally within the University community. The University will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and faculty members, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

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Article VI: Judicial Policies

Any member of the University community may file charges against any student for misconduct. Charges shall be prepared in writing and directed to the Office of Student Life and Development, which is responsible for the administration of the University judicial system. Any charge should be submitted as soon as is reasonably possible after the event takes place, but in any case, no longer than one calendar year from the date the person knew or should have known the facts.
The Judicial Advisor may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Judicial Advisor. Such disposition shall be final and there shall be no subsequent proceedings.
All charges shall be presented to the accused student in written form. The written notice of charges will contain the following:
1. The sections of the Code or other University policies allegedly violated;
2. Date, time, and place, the alleged violation occurred;
3. A concise summary of the alleged violation;
4. A list of the complainant’s witnesses (to be supplemented later if necessary); and
5. A deadline for meeting with the Judicial Advisor.
The student accused of violating the Code will meet with the Judicial Advisor by the deadline assigned in the letter of charges. At this meeting the following matters will be decided:
1. The Judicial Advisor will go over the charges and give a summary of the information to be presented as to allow preparation of refutation;
2. The Judicial Advisor will answer any questions and provide any necessary clarification of the Code and/or its procedures;
3. The student accused of violating the Code will complete and sign an adjudication form;
4. The Judicial Advisor will assist both the accused and the complainant to secure necessary information for the purpose of facilitating and understanding a hearing before a judicial body (when necessary);
5. The Judicial Advisor will ask whether or not assistance is needed in securing an advisor, and provide such assistance as is needed;
6. In the event a hearing is necessary, a hearing authority (i.e. FSJC, Residence Life Judicial Board, etc.) will be determined and agreed upon;
7. In the event the accused student and the Judicial Advisor cannot reach agreement on responsibility for a violation or appropriate sanctions, the student will choose as the hearing authority either the Dean of Student Services (or the Dean’s designee) or a hearing panel.
8. If the student fails to meet with the Judicial Advisor or fails to complete the adjudication form, the Judicial Advisor shall assume a plea of not responsible and assign the Dean of Student Services (or designee) as the hearing authority.
When a student enrolls at the University, s/he does so voluntarily and in so doing implicitly accepts certain obligations of performance and behavior established by the University, as defined in this Code and other official University publications. The development of self-discipline is a goal of education and the disciplinary process is intended to be educational in nature. The judicial system described herein is designed to further the educational process; therefore, it is not comparable to, or a substitute for, jurisprudence under a criminal code. The procedures outlined below are designed to balance the rights and responsibilities of the student accused of wrong doing with the rights of the accuser, other students, members of the academic community, and the public. Hearings shall be conducted by a judicial body in order to provide a fair opportunity for hearing of the student’s position, explanations, and information according to the following guidelines:
1. Hearings normally will be conducted in private. At the request of the accused student, and subject to the agreement of the accusing party and the discretion of the chairperson, a hearing can be open to the public. When a hearing is opened, persons in attendance are not permitted to participate.
2. Admission of any person to the hearing shall be at the discretion of the judicial body and/or its Judicial Advisor.
3. The presiding officer may cause to be removed from the hearing any person, including the accused student or an advisor, who disrupts or impedes the investigation, or who fails to adhere to the rulings of the chairperson. The chairperson may direct that persons, other than the accused student or the complainant, who are to be called upon to provide information, be excluded from the hearing except for that purpose. The members of the hearing authority may conduct private deliberations at such times and places as they deem proper.
4. The complainant must appear in support of the charge(s) before the hearing authority designated. If the complainant fails to appear, charges may be dropped at the discretion of the Judicial Advisor.
5. If the accused student has been properly notified of the hearing, but fails to appear, the hearing may take place in his/her absence and will be binding on the accused student. Only upon showing of exceptional circumstances (to be determined by the chairperson of the hearing authority) will the accused student be granted a new hearing on the basis of absence. In judicial hearings and/or conferences, it shall be presumed that the notice of a hearing/conference has been received if the notice is furnished in one of the following ways: notice is sent by regular, registered, or electronic mail to the address provided by the student to the Office of Student Life and Development or that is on record in the Registrar’s office, or if undeliverable, to the permanent address on record.
6. In hearings involving more than one accused student, the chairperson of the judicial body, in his or her discretion, may permit the hearings concerning each student to be conducted separately.
7. The complainant and the accused have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. The complainant and/or the accused is responsible for presenting his or her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a judicial body. It is the responsibility of the complainant and the accused to notify the Judicial Advisor of the identity of the advisor secured no later than three (3) days in advance of the hearing date.
8. In consideration of the limited role of advisors and of the compelling interest of the university to expeditiously resolve allegations of violations of the Code, the work of a hearing authority will not, as a general practice, be delayed due to the unavailability of an advisor.
9. The complainant, the accused, and the judicial body shall have the privilege of presenting witnesses, subject to the right of cross-examination by the judicial body. Direct cross-examination by the complainant or the accused student is not an inherent right and in certain cases may be denied by the chairperson.
10. It is the responsibility of the person desiring the presence of a witness before a hearing to ensure that the witness appears. Because experience has demonstrated that the actual appearance of an individual is of greater value than a written statement, the latter is discouraged and should not be used unless the individual cannot reasonably be expected to appear. Any written statement must be dated, signed by the person making it, and witnessed by a University employee. The work of a hearing authority will not, as a general practice, be delayed due to the unavailability of a witness.
11. The chairperson will accept for consideration all matters, which reasonable persons would accept as having probative value in the conduct of their affairs. Unduly repetitious, irrelevant, or personally abusive material should be excluded.
12. Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by a judicial body at the discretion of the chairperson.
13. All procedural questions are subject to the final decision of the chairperson of the judicial body.
14. After the hearing, the judicial body shall determine (by majority vote if the judicial body consists of more than one person) whether the student has violated each section of the Code, which the student is charged with violating.
15. Except in cases of Residence Hall Expulsion, University Suspension and Dismissal, the judicial body’s determination shall be made on the basis of a preponderance of the information (whether it is more likely than not) that the accused student violated the Code. In cases of Residence Hall Expulsion, University Suspension, or Dismissal, the judicial body’s determination shall be made on the basis of clear and convincing evidence (more than a mere preponderance, but less than beyond a reasonable doubt) that the student violated the Code.
16. If a disability prevents a student from speaking, a non-attorney advisor may speak on behalf of that student. This does not preclude the student from being directed to testify and to reply to questions directed to him/her.
There shall be a single verbatim record, such as a tape recording, of all hearings before a judicial body. The record shall be the property of the University. The complainant and the accused student shall not be allowed to make a separate recording of any type (see also 8.4).
Except in the case of a student charged with failing to obey the summons of a judicial body or University official, no student may be found to have violated the Code solely because the student failed to appear before a judicial body. In all cases, the information in support of the charges shall be presented and considered.
The records of a student may be encumbered under this Code when a student:
1. Is given sufficient notice to respond to a letter of disciplinary charges and fails to respond, or
2. Does not fulfill a disciplinary sanction within the deadline established by a hearing body or by agreement with a Judicial Advisor, or
3. Has received a sanction prohibiting future enrollment, or
4. Has indicated a felony conviction on the application for admission and must have a conference with the Coordinator of Student Life and Development to determine the need for any parameters on conduct prior to registration for classes, or
5. Has been summoned by the Dean of Student Services or a designee for a meeting concerning the student’s alleged conduct and will not comply with the request.
6. The purpose of an encumbrance is to compel a student to fulfill an obligation to the Office of the Student Life and Development. An encumbrance of records denies the student the right to register for future classes until cleared by the Judicial Advisor, Coordinator of Student Life and Development, or Dean of Student Services. An encumbrance of records will be removed by a Judicial Advisor when the student fulfills the required conditions. A student receiving an encumbrance may seek relief from the Dean of Student Services. The student shall request relief in writing. Upon review, the Dean of Student Services can amend the conditions of the encumbrance or remove the encumbrance.

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Article VII: Sanctions

Once the hearing authority has determined that a violation of the Code has taken place, the hearing authority will determine a recommendation for a sanction appropriate to the violation. In determining its recommendation the hearing authority will hear recommendations from the accused student and the complainant. The Judicial Advisor may introduce information of past violations by the accused student in order to establish why a recommended sanction is appropriate.
The following sanctions may be imposed upon any student found to have violated this Code:
1. Warning – A notice in writing to the student that the student is violating or has violated institutional regulations. A disciplinary record is maintained for one year from the date of imposition of the sanction.
2. Loss of Privileges – Denial of specified privileges for a designated period of time. A disciplinary record is maintained for one year from the date of imposition of the sanction.
3. Fines – Fines may be imposed. A disciplinary record is maintained for one year from the date of imposition of the sanction.
4. Restitution – Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement. A disciplinary record is maintained for one year from the date of imposition of the sanction.
5. Discretionary Sanctions – Work assignments, service to the University, or other related discretionary assignments which may include, but are not limited to, an apology, restriction upon privileges, research and a written statement, a referral for counseling, evaluation for alcohol/drug abuse, a psychiatric evaluation, or such other sanction deemed appropriate. A disciplinary record is maintained for one year from the date of completion of the sanction.
6. Level One 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 be violating any institutional regulation(s) during the probationary period. A disciplinary record is maintained for one year from the date of imposition of the sanction.
7. Level Two Probation – Serves as both a second chance and a final warning to the student. It is imposed for a specific period of time and affects the student’s good standing in the University. While on level two probation, the student may be declared ineligible to campaign for or hold office or other leadership roles in a student organization or represent the University in any intercollegiate activity. If found responsible for a violation of the Code while on level two probation, this may result in suspension or dismissal. A disciplinary record is maintained until three years after graduation/separation from the University or after the condition imposed is satisfied, whichever is greater.
8. Level Three Probation – The highest level of probation. It is imposed for a specific period of time and affects the student’s good standing in the University. While on level three probation the student shall be declared ineligible to campaign for or hold office or other leadership roles in a student organization. The student shall not represent the University in any intercollegiate activity. If found responsible for a violation of the Code while on level three probation, it shall result in suspension or expulsion. A disciplinary record is maintained until three years after graduation/separation from the University or after the condition imposed is satisfied, whichever is greater.
9. Denial of Privilege to Re-enroll – This places the student on level three probation, permits the student to complete the current semester barring further violations, but prohibits the individual from enrolling for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. While prohibited from enrolling, the student is denied access to University owned or leased grounds, facilities, and vehicles, and all University planned, promoted, or sponsored activities. In the case where a student is a member of a student organization, the student is prohibited from attending the student organization’s activities on or off-campus. Records are encumbered. A disciplinary record is maintained until three years after graduation/separation from the University or after the condition imposed is satisfied, whichever is greater.
10. Residence Hall Probation – Probation is for a specified period of time and includes the probability of suspension or expulsion from residence hall living if the student is found to be in violation of institutional policies during the probationary period.
11. Parental Notification – The Family Educational Rights and Privacy Act (FERPA) permits an institution of higher education to disclose to parents or legal guardians the results of disciplinary hearings if the student is less than 21 years of age and has been found responsible for violating campus rules regarding the use or possession of alcohol or a controlled substance. Parents or guardians of students under the age of 21 will be notified of all violations of University narcotic or other controlled substance policies (Section 4.10) and those alcohol violations (Section 4.11) that result in an assessment for chemical dependency, residence hall probation, or a more severe sanction; as allowed under FERPA regulations.
12. Residence Hall Suspension – Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. The student may be denied access to the residence halls during the suspension. A disciplinary record is maintained for one year from the date of completion of the sanction.
13. Residence Hall Expulsion – Permanent separation of the student from the residence halls. The student shall be permanently denied access to the residence halls. A permanent disciplinary record is maintained.
14. Suspension – Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. While on suspension, the student is denied access to University owned or leased grounds, facilities, equipment, computer networks, and vehicles, and all University planned, promoted, or sponsored activities. In the case where a student is a member of a student organization, the student is prohibited from attending the student organization’s activities on or off-campus. Records are encumbered. A permanent disciplinary record is maintained.
15. Dismissal – Permanent separation of a student from the University. When dismissed, a student is denied access to University owned, or leased grounds, facilities, and vehicles, and all University planned, promoted, or sponsored activities. In the case where a student is a member of a student organization, the student is prohibited from attending any student organization activity. Records are permanently encumbered. A notation is made on the student’s permanent academic record with removal resulting only from action by the President of the University. A permanent disciplinary record is maintained.
More than one of the sanctions listed above may be imposed for any single violation.
Other than dismissal, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s confidential disciplinary record, which will be maintained in a specified area of the Office of Student Life and Development and shall be subject to the restrictions of the Family Educational Right to Privacy Act (FERPA).
Disciplinary cases that are incomplete, due to factors such as the student’s not responding to disciplinary charges or not fulfilling a sanction, remain a disciplinary record until required actions are completed by the student. Registration for subsequent terms or the conferral of academic degrees may be withheld pending the resolution of allegations of student misconduct.
The following sanctions may be imposed upon groups or organizations:
1. Those sanctions listed above in Sections 7.2.a through 7.2.h
2. Revocation of University Recognition – Loss of all privileges, including University recognition, for a specified period of time. Conditions for recognition may be imposed.
3. Dismissal – permanent revocation of University recognition.
All disciplinary records concerning student organizations are maintained permanently for archival purposes.
In each case in which a judicial body determines that a student or student organization has violated the Code, the sanction(s) shall be determined and imposed by the Coordinator of Student Life and Development. The Coordinator, in determining and imposing sanctions, shall consider the recommendation of all members of the judicial body. The Coordinator is not limited to sanctions recommended by the members of the judicial body. Following the hearing, the judicial body and the Coordinator shall advise the accused in writing of their determination and of the sanction(s) imposed, if any. A sanction imposed by the Coordinator may be appealed as described in Article VIII (see 8.2 c.)
Temporary or Provisional Orders – In addition to the authority granted in section 2.3 of this Code, the Coordinator of Student Life and Development is empowered to impose temporary or provisional orders ex parte to preserve the status quo or to prevent the potential endangerment of persons or property. Such temporary or provisional orders are not intended to replace a hearing before a judicial authority. Such an order is intended to place parameters on individual behavior in order to avoid the necessity of a judicial hearing and allow the status quo to be maintained. Generally, such orders should be limited to those circumstances where the Coordinator has good cause to believe that the student, or the student’s behavior, poses a threat to the status quo of the University community or member(s). A student shall receive a written copy of the order, which specifies the conditions of the order, the duration of the order, the consequence for violation of the order, and how the record of the order will be maintained.
A student receiving a temporary or provisional order may seek relief from the Dean of Student Services. The student shall request relief in writing. Upon review, the Dean of Student Services can amend the conditions of the order or remove the order.
Interim Suspension – In certain circumstances, the Coordinator of Student Life and Development, or a designee, may impose a University or residence-hall suspension prior to a hearing before a hearing body (or, until specified conditions have been met in cases of a suicide attempt or gesture, or where a psychiatric disturbance is suspected).
Interim Suspension may be imposed only:
1. To ensure the safety and well-being of members of the University community or preservation of University property; or
2. To ensure the student’s own physical or emotional safety and well-being; or
3. If the student has violated a provisional order put into effect to ensure the safety and well being of members of the University community or preservation of University property; or
4. If the student poses a definite threat of disruption of, or interference with, the normal operations of the University.
During the interim suspension, the student shall be denied access to the residence halls and/or to the campus (including classes) and/or computing and networking facilities and resources and/or all other University activities or privileges for which the student might otherwise be eligible, as the Coordinator of Student Life and Development or Judicial Advisor may determine to be appropriate.
Violations of University drug and alcohol policies are cumulative over the duration of a student’s tenure at the University and a schedule of minimum sanctions will be imposed.
1. Possession of Drug Paraphernalia:
2. First Violation: Participation in a four-hour drug education class; Level Two Probation for a period of one year; and parental notification; as allowed under FERPA regulations.
  
  Second Violation: Residence Hall Suspension and Denial of Privilege to Re-enroll for one semester (summer session does not qualify), and parental notification; as allowed under FERPA regulations.
3. Use or Possession of Marijuana:
4. First Violation: Participation in a four-hour drug education class; Level Three Probation for a period of two years; assessment for chemical dependency; and parental notification; as allowed under FERPA regulations.
  
  Second Violation: Suspension from the University for one semester and parental notification, as allowed under FERPA regulations.
5. Use or Possession of a Controlled Substance Other Than Marijuana:
6. First Violation: Participation in a four-hour drug education class; residence hall suspension; assessment for chemical dependency; Level Three Probation for a period of two years; and parental notification.
  
  Second Violation: Suspension from the University for one year and parental notification; as allowed under FERPA regulations.
7. Possession of a Controlled Substance with Intent to Sell or Distribute
8. First Violation: Dismissal from the University.
9. Use, Possession, or Distribution of Alcohol
10. First Violation: Referral to the Office of Student Life and Development for educational conference
  
  Second Violation: Referral to the Office of Student Life and Development for an educational conference and assignment of community service hours
  
  Third Violation: Parental notification; as allowed under FERPA regulations; residence hall probation; assessment for chemical dependency Level Two Probation for a period of one year.
  
  Fourth Violation: Residence Hall Suspension or Suspension for one semester.

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Article VIII: Appeals

A decision reached at a judicial hearing or a sanction imposed by the Coordinator of Student Life and Development may be appealed to an Appellate Board within ten (10) school days of the decision. If a decision is rendered at the conclusion of a semester, the ten school day deadline, or part thereof, will roll over to the next academic semester (i.e., fall, spring, or summer). Such appeals shall be in writing and shall be delivered to the Judicial Advisor or his or her designee.
Except as required to explain the basis of new information, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:
1. To determine whether the original 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 present evidence that the Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations.
2. To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether the facts in the case were sufficient to establish that a violation of the Code occurred.
3. To determine whether the sanction(s) imposed were appropriate for the violation of the 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 evidence and/or facts were not known to the person appealing at the time of the original hearing.
In the event the student appealing a decision or a sanction wishes to review the verbatim record, s/he may make application to the Judicial Advisor to do so. The verbatim record will remain in the possession of the University during the review. Under no circumstances will a copy of the recording be released. A student may request a typed transcription of the recording. The transcription should normally be provided subject to the paying of costs for the production of the transcript as provided for in University policy. Personally identifiable information will be deleted according to law.
In the event a mechanical failure occurs that prevents a verbatim recording, the absence of the verbatim record shall not, in itself, be cause for appeal. In such cases the Judicial Advisor will contact the chairperson of the hearing body. The chairperson will reconvene the hearing body and issue a record, which will include the finding of the body, what information the body considered, and the basis for the finding. This record shall be considered sufficient for review by an appeal authority.
If an appeal is upheld by the Appellate Board, the matter shall be remanded to the original judicial body and Judicial Advisor for re-opening of the hearing to allow reconsideration of the original determination and/or sanction(s).
In cases involving appeals by students accused of violating the Student Code, review of the sanction by the Appellate Board may not result in more severe sanction(s) for the accused student. Instead, following an appeal, the Dean of Student Services shall, upon review of the appeal decision, reduce but not increase, as recommended by the appellate authority, the sanctions imposed.
In cases involving appeals by persons other than students accused of violating the Code, the Dean of Student Services may, upon review of the case, reduce or increase the sanctions imposed or remand the case to the original judicial body and Judicial Advisor.
In cases where the sanction determined is University suspension or dismissal, the accused student will have an additional right of appeal to the Chancellor of the University, in writing within 10 school days. Appellate decisions or opinions shall be conveyed to the Chancellor for his information and the Judicial Advisor for notification of the parties involved.
In the case of an appeal to the Chancellor, the Chancellor may review the decision, at his/her discretion, or may designate another University Officer to review the decision. If the Chancellor has not acted on an appeal within 30 days, the previous decision stands.

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Article IX: Interpretation and Revision

Any question of interpretation regarding the Code shall be referred to the Coordinator of Student Life and Development or his or her designee for final determination, subject to appeal to the Dean of Student Services.
The Code should be reviewed periodically under the direction of the Judicial Advisor. In all cases, review of this document should be done by bodies, which include students appointed by the Student Government Association.
Changes in the Code which are editorial in nature and do not affect the fundamental nature of the document, or are required to insure the code is consistent with state or federal law, can be made by the Coordinator of Student Life and Development and become effective upon approval by the Chancellor of the University.
Substantive changes recommended for the Code as a result of the review processshall be submitted to the Board of Governors for approval and adoption.

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Article X: Definition of Terms

For purposes of "Academic Dishonesty": Any one of the following acts constitutes academic dishonesty:
1. Cheating: The term "cheating" refers to using or attempting to use unauthorized materials, information, or study aids in any academic exercise.
2. Fabrication: The term "fabrication" refers to unauthorized falsification or invention of any information (including research data) or any citation in any academic exercise.
3. Plagiarism: The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work or sections of a work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials, including material taken from or ordered through the Internet.
4. Facilitating academic dishonesty: Assisting or attempting to assist another to violate any provision of the Academic Regulations, whether or not that action is associated with any particular course, is considered academic dishonesty.
The term "Appellate Board" means any person or persons authorized by the Coordinator of Student Life and Development to consider an appeal from a judicial body’s determination that a student has violated the Code or from the sanctions imposed by the Judicial Advisor.
The term "code" refers to the Code of Student Rights and Responsibilities.
The term "consent" is defined in the following manner: consent or lack of consent may be expressed or implied. Acquiescence does not necessarily constitute consent. Further, consent cannot be construed if:
1. It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense and such incompetence is manifest or known to the actor; or
2. It is given by a person who by reason of youth, mental disease or defect, or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
3. It is induced by force, duress, or deception.
The Coordinator of Student Life and Development is that person designated by the University to be responsible for the administration of the Code.
The term "explosive weapons" means any explosive, incendiary, or poison gas bomb or similar device designed or adapted for the purpose of inflicting death, serious physical injury, or substantial property damage; or any device designed or adapted for delivering or shooting such a weapon.
The term "faculty member" means any person hired by the University to conduct classroom or other learning/teaching activities.
The term "firearms" means any weapon that is designed or adapted to expel a projectile by the action of an explosive.
The term "Judicial Advisor" means a University official authorized on a case-by-case basis by the Coordinator of Student Life and Development to recommend sanctions upon students found to have violated the Student Code. The Coordinator may authorize a judicial advisor to serve simultaneously as a judicial advisor and the sole member or one of the members of a judicial body. Nothing shall prevent the Coordinator from authorizing the same judicial advisor to recommend sanctions in all cases.
The term "judicial body" means any person or persons authorized to determine whether a student has violated the Code and to recommend imposition of sanctions. The list of judicial bodies includes, but is not limited to, the Chancellor of the University, the Faculty-Student Judicial Commission, the Dean of Student Services, the Coordinator of Student Life and Development or his/her designee, the University Hearing Board, and such other bodies as may from time to time be created under the authority of this document.
The term "member of the University community" includes any person who is a student, faculty member, University official, or any other person employed by the University. A person’s status in a particular situation shall be determined by the Dean of Students.
The terms "may" and "should" are used in the permissive sense.
The terms "must" and "shall" are used in the imperative sense.
The term "organization" means any number of persons who have complied with the formal requirements for University recognition/registration.
The term "other weapons" is to include, but not be limited to, a blackjack, switchblade, knife other than an ordinary pocketknife with no blade more than four inches in length, knuckle, and projectile weapon such as a bow, crossbow, pellet gun, or slingshot.
The term "paraphernalia" includes any object that contains the residue of alcohol or of an illegal drug and any object that is used in the consumption or distribution of an illegal drug. Examples of the former include, but are not limited to a marijuana pipe or bong, blow tube, a beer bong, and empty alcoholic containers. An example of the latter is a scale used in measuring quantities of an illegal drug.
The term "policy" is defined as the written regulations of the University as found in, but not limited to, the "Code of Student Rights and Responsibilities", the "All Students" web page, the "Guide to University Living", and "Graduate/Undergraduate Catalogs".
The term "sexual act" means any penetration, however slight, of the female sex organ by the male sex organ, whether or not emission results; any act involving the genitals of one person and mouth, tongue, hand, or anus of another person; or any of the above acts induced by force, duress, or deception.
The term "sexual contact" means any touching of the genitals or anus of any person, or the breast of any female person, or any such touching through the clothing for the purpose of arousing or gratifying sexual desire of any one person.
The term "student" includes all persons taking courses at the University, both full-time and part-time, pursuing undergraduate, graduate, or professional studies, and those who attend post-secondary educational institutions other than Missouri State University and 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, are considered "students."
The term "University" means Missouri State University-West Plains.
The term "University premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University.
The term "University official" includes any person employed by the University performing assigned administrative or professional responsibilities. This term specifically includes residence hall Resident Assistants.

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