Gustie Guide 2019-2020

Dean of Students

STUDENT RIGHTS, RESPONSIBILITIES, AND CONDUCT PROCEDURES

Preamble

These documents shall be known collectively as Student Rights, Responsibilities, and Conduct Procedures.

Definitions:

When used in Student Rights, Responsibilities, and Conduct Procedures:

  1. “Institution” and “College” mean Gustavus Adolphus College and, collectively, those responsible for its control and operation.
  2. “Student” includes all persons taking courses at the Institution, both full-time and part-time.
  3. “Instructor” means any person hired by the Institution to conduct classroom activities. In certain situations a person may be both a Student in some respects and an Instructor in others. A person’s status shall be determined by reference to the surrounding facts.
  4. “Legal compulsion” means a judicial or legislative order that requires some action by the person to whom it is directed.
  5. “Organization” means a number of Students who have complied with the formal requirements of Institutional recognition as provided in Section VII, A and B.
  6. “Group” means a number of Students who have not complied with the formal requirements for becoming an Organization.
  7. “Student Media” means any Organization whose primary purpose is to publish or broadcast any publication or program on campus.
  8. “Shall” is used in the imperative sense.
  9. “May” is used in the permissive sense.
  10. “Appropriate Student Conduct Authority” shall be defined as any or all of the following: the Dean of Students, the Provost, the Associate Provosts, the Associate and Assistant Deans of Students, designated administrators, the College Student Conduct Board, the College Appeals Board, and the President of the College.
  11. “Hearing” means an opportunity, before an Appropriate Student Conduct Authority, for the presentation by both the Complainant and the Respondent of information relevant to the charges being adjudicated; for questions by the Complainant, the Respondent, or the Appropriate Student Conduct Authority; for the presentation of witnesses; and for the further presentation and review of other relevant information.
  12. “Appeal” means a written request made by either the Complainant or the Respondent for the review of a conduct decision.
  13. “Business Day” means a day when the administrative offices of the College are open for business.
  14. “Advisor” is defined as an individual who has agreed to assist the Respondent or a Complainant during a conduct hearing. The advisor can be recommended and provided by the College or a student can seek out his or her own advisor from on or off campus. The role of the advisor shall be limited to advising the Respondent or Complainant. The advisor may not appear in lieu of the Respondent or Complainant or speak on their behalf, nor may the advisor address the hearing board/officer.
  15. Dean of Students refers to the College’s senior student affairs officer or their designee.
  16. All other terms shall be interpreted by the Appropriate Student Conduct Authority.

STATEMENT OF STUDENT RIGHTS

  1. Student Rights:

    The following rights shall not deny nor disparage other rights retained by Students or their capacity as members of the Student body or as citizens of the community at large:

    1. Free inquiry, lawful expression, and lawful assembly are recognized for all Students. 
    2. Students are free to pursue their educational goals; opportunities for learning in the classroom and on campus shall be provided by the Institution. 
    3. The rights of Students to be secure in their persons, living quarters, papers, and effects against unreasonable searches and seizures is recognized. 
    4. A Student accused of violating institutional regulations is entitled, upon request, to a Hearing before an Appropriate Student Conduct Authority. (See Student Conduct Procedures.) 
  2. Access to Higher Education:

    Within the limits of its facilities, the Institution shall be open to all applicants who are qualified according to its admission requirements.

    1. The Institution shall make clear to all applicants the characteristics and expectations of Students that it considers relevant to its program. 
    2. Under no circumstances may an applicant be denied admission or financial aid because of race, color, creed, religion, age, sex, sexual orientation, national origin, marital status, disability, veteran status, status with regard to public assistance or other categories protected by federal, state or local antidiscrimination laws. 
    3. Financial aid administered by the College shall be disbursed on the basis of financial need and academic promise and/or academic ability. 
    4. Gustavus Adolphus College does not discriminate on the basis of sex in its education programs or activities and is required by Title IX not to discriminate. Questions regarding Title IX may be referred to Patty Dawson, Title IX Coordinator, 507-933-6360, pdawson@gustavus.edu, or to the Office of Civil Rights..
  3. Classroom Expression:

    1. Discussion and expression of all views relevant to the subject matter is permitted in the classroom subject to the responsibility of the Instructor to maintain order and to cover course materials that have been professionally determined.
      1. Students have the right to be accurately informed at the initiation of classroom instruction as to the materials needed, requirements of the course and the direction thereof, and the explanation of these factors.
      2. Students are free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about debatable issues, but Students are responsible for understanding and learning the content of any course of study for which they are enrolled.
      3. Requirements of participation in classroom discussion and submission of written exercises are not inconsistent with this section.
    2. Academic evaluation of Student performance shall be neither prejudicial nor capricious. Students who believe that they have been subjected to arbitrary or discriminatory academic evaluation or who have been dropped from a course by an Instructor are guaranteed the rights of appeal. Students who feel they have been subjected to an unfair grading process should first appeal to the instructor. This action should resolve the issue in most cases. However, the student may appeal to the department chair (or a senior faculty member if the chair is the person giving the grade). If that does not resolve the matter, any of the persons involved may appeal to the office of the Provost.
    3. Information about Student views, beliefs, and political associations acquired by professors in the course of their work as Instructors, Advisors, and counselors is confidential and is not to be disclosed to others unless under legal compulsion or by request of the Student. Questions relating to intellectual or skills capacity are not subject to this section.
  4. Campus Expression:

    1. Discussion and expression of all views is guaranteed within the Institution subject only to requirements for the maintenance of order. Support of any cause by orderly means that do not disrupt the operation of the Institution or violate civil law is permitted. 
    2. Students, Groups, and Organizations may invite and hear any persons of their own choosing subject only to the requirements for use of institutional facilities and funds as provided in Section VII, D & E.
  5. Protest:

    1. The right of peaceful protest is recognized within the Institutional community, but the Institution has the responsibility to assure the safety of individuals, the protection of property, and the continuity of the educational process. 

    2. Orderly picketing and other forms of peaceful protest are not to be prohibited on the Institutional premises. 
    3. Orderly picketing and orderly demonstration are not to be prohibited in public areas within Institutional buildings, but they are subject to the requirements for safety and noninterference as specified in Section V, A-F.
    4. Interference with ingress or egress at Institutional facilities, interruption of classes or Institutional operations, or damage to property exceeds permissible limits of behavior.
    5. Disciplinary sanction in cases of disorderly picketing and protest that are not peaceful can be imposed through local enforcement bodies and/or the institution’s disciplinary process.
    6. Students have the right to be interviewed on campus by any organization that is authorized to recruit at the Institution. A statement concerning recruiting policies and practices is available from the Career Development office. Any Student, Group, or Organization may protest against any such organization provided that protest does not interfere with any other Student’s right to have such an interview.
  6. Student Media:

    1. Gustavus Adolphus College defines Student Media Organizations as students who have complied with the formal requirements of institutional recognition and whose primary purpose is to publish or broadcast any publication or program on campus. Current Student Media Organizations include: Firethorne (literary journal), KGSM (radio station), GAC-TV (television), The Fourth Crown (online commentary), and the Gustavian Weekly (newspaper). 
    2. The College supports the stated purposes of recognized Student Media Organizations:
      1. To provide a means for the distribution of news and opinion concerning campus events and other matters of public interest to students primarily, and to other members of the Gustavus community; 
      2. To provide a means for the responsible expression of student journalistic, literary, and broadcasting interest and talent. 
    3. Because the College holds the copyright to the names and products of student media publications and broadcasts, it reserves the right to restrict advertising content. Nevertheless, the College affirms that recognized Student Media Organizations will be free of editorial control by the College and insists that student editors and managers be allowed to meet their responsibilities to the student body. 
      1. Student editors and managers shall be free to develop their own policies concerning news and opinion consistent with ethical practices of journalism, in conformity with laws pertaining to libel, slander, obscenity, copyright and privacy, and on the basis of sound and responsible financial practices. Among the aforementioned ethical practices are: the avoidance of undocumented allegations, attacks on personal integrity, harassment and innuendo; attributed editorial material and features; a clear distinction between news and opinions; a sense of responsibility to obvious readership and listenership; sensitivity to accepted community standards of decency and good taste; and an attempt to encourage and balance various points of view.
      2. Recognizing that the above guides them, any Student Media Organization may distribute or broadcast material on campus without prior approval. Such material or broadcast shall be dated and designate the author(s). 
      3. Each student publication and any “opinion” program broadcast by electronic media should contain or make a disclaimer stating explicitly that “The opinions here expressed are not necessarily those of the College, its faculty or staff, or student body.” 
      4. Students have the right to report and editorialize on events, ideas and issues of the College, community, nation, world, even though they may be unpopular or controversial. 
      5. The student editors-in-chief or station managers make all final decisions concerning the substantive content of publications or broadcast programs. 
      6. Editors-in-chief and managers of recognized Student Media Organizations shall be protected from arbitrary suspension and removal because of student, faculty, administrative, or public disapproval of editorial policy or commitment. 
      7. The standards to be employed in the evaluation of a student medium and its staff shall be developed by the individual media organization with the advice of the organization’s advisor. Recognized Student Media Organizations are independent, self-perpetuating, democratically selected bodies with membership open to any qualified member of the student body without improper discrimination, prejudice, or unreasonable restriction. 
    4. The Faculty Committee on Student Life or its designee(s) appoints the chief editor(s) or manager(s) of each institutionally financed Student Media Organization and shall also be the agency responsible for their removal. Editors and managers may be subject to removal only for proper and stated causes.
    5. It should be clearly understood from the foregoing that Student Media Organizations are not operated or controlled by the College, that student editors/managers are not employees or agents of the College, and that the actions of student editors/managers are not acts of the College.
    6. Each College Student Media Organization (print or broadcast) should have a qualified advisor. Advisors guide and advise students, but do not assume content decisions or financial deficits or losses incurred by student media.
  7. Campus Organizations:

    1. Organizations and Groups may be established within the Institution for any legal purpose. Affiliation with an extramural organization shall not, in itself, disqualify the institutional branch or chapter from institutional privileges or responsibilities.
    2. A Group shall become an Organization when formally recognized by the Institution.

      See the College’s policy on Recognition of Student Clubs and Organizations.

      1. A Group shall be recognized when it meets the requirements for recognition.
      2. Institutional recognition of an Organization does not indicate approval of the aims, objectives, or policies of that Organization.
    3. Membership in all Institution-related Organizations, within other limits of their facilities and constitution, shall be open to any member of the institutional community who is willing to subscribe to the stated aims and meet the stated obligations of the Organization. In the case of activities that are not explicitly governed by intercollegiate regulations, participation by part-time and other nontraditional Students is permissible at the discretion of the Organization advisor or director. However, in any organization where membership is competitive, the following should be observed:
      1. Preference should be given to full-time Students.
      2. Four years is considered the normal period of eligibility for participation in an extracurricular activity.
    4. Institutional facilities may be assigned to Organizations, Groups, and individuals within the Institutional community for regular business meetings, social programs, and for programs open to the public.
      1. Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of the space assigned, to regulate time and use, and to ensure proper maintenance.
      2. Preference may be given to programs designed for audiences consisting primarily of members of the Institutional community.
      3. Allocation of space shall be made based on priority of requests and the demonstrated needs of the Organization, Group, or individual.
      4. Charges may be imposed for any unusual costs for use of facilities. These costs shall be established at the time of scheduling.
      5. Physical abuse of assigned facilities shall result in reasonable limitations on future allocation of space to offending parties and restitution for damages.
      6. Requests for space in the Johnson Student Union and Jackson Campus Center shall be under the jurisdiction of the Campus Activities Office.
    5. The authority to allocate Institutional funds assigned to student activities and/or Organizations shall be the Student Senate.
      1. Approval of requests for funds is conditional upon submission of budgets to and approval by this body.
      2. Financial accountability is required for all allocated funds, including statements of income and expenses on a regular basis. Otherwise, Organizations shall have independent control over the expenditure of allocated funds.
    6. Recognized clubs and organizations are not allowed to hold financial accounts off campus.
      1. Organizations with financial resources from sources other than College allocations are strongly encouraged to create an agency “9-line” account through the Finance Office.
      2. Any extenuating financial circumstances that warrant an off-campus account are strongly encouraged to be brought to the attention of the Director of Campus Activities.
    7. As a condition of College recognition, Student Organizations are prohibited from directly providing alcohol to any persons at Organization events, activities, programs, and other functions. The Appropriate Student Conduct Authority may place Organizations that do not abide by this provision on unrecognized status.
    8. No individual, Group, or Organization may use the Institution’s name without expressed authorization of the Institution, except to identify Institutional affiliation.
      1. Institutional approval or disapproval of any policy may not be stated or implied by any individual, Group, or Organization without the expressed authorization of the Institution.
      2. Campus Groups and Organizations are responsible for the conduct of their members when the Organization is convened or when members are acting in the capacity of the Group or Organization. Under the above circumstances, campus Groups and Organizations can be charged, as a body, when members violate the Statement of Student Responsibilities, and are subject to the sanctions therein. These sanctions can include but are not limited to restrictions or suspensions of individual or group participation in activities, programs, contests, or seasons.
  8. Privacy:

    1. Students have the same rights of privacy as other citizens and surrender none of those rights by becoming members of the College. These rights of privacy extend to residence hall living except as hereinafter provided. Nothing in the Institutional relationship or residence hall contract may expressly or implicitly give the Institution or residence hall officials authority to consent to a search of a Student’s room by police or other governmental officials. The College, however, is bound to submit to customary legal means of search by law enforcement officers such as search warrants.
    2. The Institution may access a Student room in a residence hall for improvement, repairs, or routine facilities inspection as specified in the “Terms of Assignment/Community Policies Letter E, Right of Privacy” (contained in the Housing Contract and Guide). The College will make attempts to notify occupants not less than 24 hours in advance. Additionally, there may be entry without notice in an emergency where danger to life, safety, health, or property is reasonably feared or when College Officials have legitimate reason to believe a rule or policy violation is taking place.
      1. Maintenance problems in one particular room can be the result of mechanical difficulties in another room. Therefore, it will sometimes be necessary to enter several rooms in order to handle a particular situation.
      2. Student requests for repairs constitute authorization for room entry. The Housing Contract and Guide signed by every resident, provides for routine facilities inspections.
      3. College officials may enter a room without the occupants’ permission if they have legitimate reason to believe a rule or policy violation is taking place. Plain-sight inspection is allowable in such cases.
      4. College rule violations discovered during the course of routine repair work or routine facilities inspections as well as through plain-sight observation resulting from situations covered in #3 above, are subject to student conduct or administrative action according to the Residence Hall Contract and Handbook, the Statement of Student Responsibilities, and other pertinent College regulations.
    3. In limited circumstances the Institution may conduct a full search of a Student room in a residence hall with or without occupant permission to determine compliance with College rules and/or gather evidence where there is legitimate reason to believe that a violation is taking place. The Institution’s representative shall attempt to gain occupant permission to enter first. A full search, which would permit the Institution’s representative to open closets, dresser drawers, etc., is subject to the following requirements:
      1. The person(s) making the allegations must convince the Dean of Students or the Director of Residential Life or the designee of either that legitimate reason for a search exists. “Legitimate reason” exists where the facts and circumstances, within the knowledge of the Institution and of which it has reasonably trustworthy information, are sufficient in themselves to warrant a reasonable person to think that an offense is being committed. If legitimate reason is found to exist, the Dean of Students or the Director of Residential Life or the designee of either shall give verbal authorization for a search. The search must be conducted by at least two individuals and include the occupant(s) if available.
      2. The Student occupant(s) shall be notified of the search immediately if one or more is present, and a report of the search must be submitted to the Dean of Students or the Director of Residential Life within three (3) business days. The report shall contain information concerning the date, location, name(s) of the Student(s) and institutional official(s) involved, the law or rules believed violated, the reason(s) for the search, and the result(s) of the search.
      3. If no student occupants are present, written documentation will be left in the room informing the occupants of the search and noting any items that were confiscated during the search.
    4. College officials confiscating items in evidence of suspected violations must notify the occupants either verbally or in writing of the specific items confiscated. All such properties shall be returned at the student’s request, where it is legal to do so, following speedy disposition of the case.
    5. Students who feel that their rights have been violated may take their grievances to the Dean of Students or Provost.
  9. Student Records:

    1. The privacy and confidentiality of all Student records shall be preserved. Official Student academic records, supporting documents, and other Student files shall be maintained only by members of the Institution staff employed for that purpose. Separate files shall be maintained of the following:
      1. Academic records, supporting documents, and general educational records.
      2. Student conduct records.
      3. Counseling and psychiatric records.
      4. Medical records.
      5. Financial aid records.
      6. Placement records.
    2. Student conduct records are maintained in the Dean of Students Office for seven (7) years from incident date for auditing purposes only. After a Student graduates from Gustavus, the Dean’s Office will not release disciplinary records for any reason except under legal compulsion. Conduct records of Students who leave the College without having graduated shall be maintained and can be released by the Dean of Students Office for seven (7) years after incident date. After seven (7) years, all Student disciplinary records are expunged. In all cases in which a Student has been expelled from the College, however, the fact shall become part of the Student’s permanent academic record at the College. 
    3. No entry may be made on a Student’s academic record and no document may be placed on their academic file without the knowledge of the Student. Publication of grades, announcement of honors, and the submission of admission documents constitute notice.
    4. Access to their academic transcript is guaranteed every Student subject only to reasonable regulation as to time, place, and supervision. A Student may challenge the accuracy of any entry or the presence of any item by submitting supporting evidence to the appropriate person or office. Please refer to the “Student Educational Records” section in the Gustavus Guide and the “Petitions” section in the Academic Bulletin.
    5. No record may be made in relation to any of the following matters except upon the expressed written consent of the Student:
      1. Race.
      2. Religion.
      3. Political or social views.
      4. Membership in any organization other than honorary and professional organizations directly related to the educational process.
    6. No information in any file may be released to anyone except with the prior written consent of the Student concerned or as stated below:
      1. Under legal compulsion, by subpoena or other legal process. 
      2. Members of the faculty with administrative assignments may have access for internal educational purposes as well as for necessary administrative and statistical purposes. 
      3. The following data may be given to any inquirer: periods of enrollment, degrees awarded, honors, major(s), date of graduation, home and college addresses, email and telephone numbers, and date of birth. Students may prevent directory information about them from being disclosed by formally notifying the Office of the Registrar.
      4. Consistent with federal law, the College will disclose the “final results” of a sexual misconduct adjudication to the victim in writing. The College also reserves the right to disclose the “final results” of a disciplinary proceeding in which the institution determines that a student perpetrator has committed a crime of violence or nonforcible sex offense. 
      5. Consistent with federal law, the College reserves the right to disclose to parent or guardian information regarding a Student’s violation of any law or institutional policy governing the use or possession of drugs or alcohol. 
      6. Upon graduation or withdrawal from the Institution, the records and files of the former Student shall continue to be subject to the provisions of this document.
    7. Upon graduation or withdrawal from the Institution, the records and files of the former Student shall continue to be subject to the provisions of this document.

Please see the section in Academic Policies titled Student Educational Records for more information on student records and privacy.

STATEMENT OF STUDENT RESPONSIBILITIES

Every community has certain regulations and traditions, which each member is expected to abide by and uphold. A college community, even more than others, depends upon the integrity, self-discipline, and mature judgment of each of its members. Only in such a community of responsible citizens can an atmosphere be established which will support liberal arts education. As a community of justice, faith, and learning, the College strives to meet the highest claims of truth and commitment. 

By accepting admission to Gustavus Adolphus College, each Student agrees to live by the standards of this community, found in the College Catalog and the Gustavus Guide. The College reserves the right to dismiss any Student whose conduct is detrimental to its welfare or whose attitude is antagonistic to the spirit of its ideals. The Student who fails to support the standards of the College loses his or her right to continue in attendance and may forfeit fees paid, according to established refund policies. 

Gustavus Students, Groups, and Organizations agree:

  1. to be honest and truthful in their dealings with other members of the Gustavus community. Dishonesty such as intentionally providing false information to the College or alteration of College documents constitutes grounds for charges within the College student conduct system.
  2. to protect the rights of self and others, and to promote the well-being of all members of the community. Misconduct such as infringement on the rights of others; actions which endanger the health or safety of others; self-imperiling behavior; hazing; racial, religious, ethnic, or other forms of harassment; sexual violence (including but not limited to unwanted or forced sexual intimacy, intimate partner violence, domestic violence, and stalking); and physical assault constitutes grounds for charges within the College student conduct system. Harassment complaints are addressed according to the College’s “Policy against Harassment” outlined separately in the Gustavus Guide. Sexual misconduct complaints are addressed according to the College’s “Student Sexual Misconduct Policy” outlined separately in the Gustavus Guide.
  3. to respect College property and the property of others. Failure to respect property, such as misuse, damage, or theft, constitutes grounds for charges within the College student conduct system.
  4. to abstain from the possession or use of illegal substances and to use legal substances responsibly.
  5. to promote an orderly community life which supports teaching and learning in all its aspects. Disorderly conduct; interference with instruction, research, administration, or residential life; or disruptive or inconsiderate behavior constitutes grounds for charges within the College student conduct system.
  6. to preserve the security and/or privacy of areas to which they are not permitted access. Misconduct such as unlawful entry or trespass and unauthorized use or possession of keys to College facilities constitutes grounds for charges within the College student conduct system. Refusal of a fellow Student or visitor to leave a Student’s room shall constitute trespass.
  7. to comply with rules, procedures, and policies established by the College or which the College is obligated to uphold.
  8. to comply with College officials carrying out their duties and with disciplinary measures administered by the College.
  9. to be responsible for their guests.

STUDENT CONDUCT SYSTEM

Ultimate authority for the Student conduct system is vested in the Board of Trustees, which delegates that authority to College administrators and committees as set forth in this document, or in other appropriate policies, rules, or regulations adopted by the Board.

  1. When the conduct of Students, Groups, or Organizations fails to meet acceptable Gustavus standards, the Student Conduct System is the forum identified for response. Any College official, Instructor, student, or staff member may file a complaint of misconduct.
  2. The College reserves the right to invoke the College Student Conduct System for student behavior occurring off-campus.
  3. On-campus behavior that may be a violation of civil law may also be referred to local authorities.
  4. It is necessary to endeavor to protect the campus community when there are reasonable grounds to believe that a Student may pose a substantial danger to self or others. Normally, such “substantial danger” will be manifested by a pending criminal charge, usually relating to a crime of violence, burglary, substantial theft or fraud, the sale of illegal drugs, or the possession of substantial quantities of illegal drugs or serious self-imperiling behavior. 

    While a criminal charge does not mean that the Student is guilty of an offense, such a charge does mean that civil authorities have determined that there is at least probable cause to believe that an offense was committed, and that the Student committed it. Under these circumstances, it may be necessary and appropriate to conduct a College Student Conduct Hearing. 

    If a Student is charged with or convicted of a violation of law while off of the campus, the College may have to deny certification when the conduct violates established standards for professional accreditation of the Student.

  5. In cases of emergency, where the wellbeing of Students or the Institution may be endangered, or in cases where the Respondent demonstrates a pattern of disruptive behavior, the Dean of Students may take appropriate interim measures including but not limited to alteration of privileges, temporary removal of the Respondent from College housing, and/or temporary suspension of the Respondent pending campus conduct proceedings. Such a temporary suspension shall become effective immediately without prior notice; however, a Student suspended on a temporary basis shall be given an opportunity to appear personally before the Dean of Students within five (5) Business Days from the effective date of the temporary suspension in order to discuss the following issues only: 
    1. The reliability of the information concerning the Student’s conduct.
    2. Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the Student on the College campus poses a substantial threat to self and/or others or the stability and continuance of normal College functions.
  6. The College may involve and have present at any conduct proceedings legal counsel for the College. The Student Conduct Coordinator is responsible for student conduct shall notify the Complainant and the Respondent within three (3) Business Days of issuing the complaint if the College intends to have an attorney present.
  7. Student Conduct Procedures are to be carried out expeditiously and all parties are to assist in this effort. Requests for delays in these procedures may be made for compelling reasons. Requests must be made in writing to the Dean of Students at least two (2) Business Days prior to the scheduled hearing/appeal and must specify the reason(s) for the delay. The Dean of Students shall determine the appropriateness of the request.
  8. Provisions in these procedures do not preclude Students from pursuing legal action.
  9. A summary of Student Conduct System results—protecting the identity of the parties—may be released periodically for publication.

Student Conduct Responsibilities of the Conduct Coordinator

The Student Conduct Coordinator is responsible for coordinating the College student conduct system. They oversee the work of the Appropriate Student Conduct Authority and interpret standards of conduct and disciplinary procedures to Students and others. The Conduct Coordinator is available to serve as a resource for Complainants and/or Respondents wanting information concerning procedures, rights, and responsibilities under the student conduct system. They do not and shall not act as a representative or advocate for any student Respondent or Complainant. 

Student Conduct Procedures

Reports of alleged violations of the Statement of Student Responsibilities may be filed with the Dean of Students. The Dean of Students will seek to respond to the alleged violations through referral to one of three conduct procedures: an Administrative Hearing, a Student Conduct Board, or with a citation for certain offenses listed below. The outcome of an Administrative Hearing or a Student Conduct Board Process may be appealed according to the procedures outlined below. A citation may be appealed by requesting a hearing as outlined in the Citations section.

  1. Complaints are written allegations of violations of the Statement of Student Responsibilities. Any College official, student, or staff member may file a complaint of misconduct. 
  2. Complaints shall be filed with the Dean of Students Office. After receiving a formal complaint, the Dean of Students, or their designee, will assess the available information and determine whether or not there appears to be reasonable grounds for a Hearing. As part of this assessment, the Dean may seek additional information by consulting with the Complainant, the Respondent, or others. 
  3. The Dean of Students may then dismiss the complaint or refer the complaint to either an Administrative Hearing or a Conduct Board. A copy of the complaint, notice of Hearing (if any), and the proposed time and place for such Hearing, will then be sent to the Respondent. 
  4. If the Respondent fails to appear for a Hearing after proper notice has been given, the Hearing shall be conducted in his or her absence. Nonetheless, the Complainant shall be required to present a case in accordance with customary evidentiary standards, as stated below. Cases heard in the absence of the Respondent can be appealed according to procedures outlined in the Appeals section below. 
  5. If the Complainant fails to appear for a Hearing after proper notice has been given, the Hearing shall be conducted in the Complainant’s absence. Cases heard in the absence of the Complainant can be appealed according to procedures outlined in the Appeals section below.
  6. Conduct Board Hearings will be recorded, but mechanical failures are not the basis for a claim for denial of due process. 
  7. Hearings will normally be private (closed) proceedings. However, the Respondent as well as the Complainant may make a written request via the Dean of Students for an open Hearing. The Dean of Students may grant such a request at their discretion and in compliance with regulations concerning confidentiality. 
  8. Upon notification to the Dean of Students prior to the hearing, the Respondent as well as the Complainant may be assisted during the Hearing by one advisor, whose role is defined above in “Definitions” under the heading Student Rights, Responsibilities, and Conduct Procedures. The College reserves the right to move forward in the process in the absence of a preferred advisor if they are unavailable for an extended period of time. In this case, a proxy (chosen by the student) may be used. 
  9. In matters involving complaints of sexual misconduct, see the Student Sexual Misconduct Policy for all relevant procedures. 
  10. The presiding Appropriate Student Conduct Authority shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the Hearing. Any person, including the accused or the Complainant who disrupts the Hearing may be excluded by the presiding Appropriate Student Conduct Authority.
  11. Each person providing testimony at a Hearing shall be asked to affirm that his or her testimony is truthful. 
  12. Written statements may be submitted in lieu of testimony provided in person when individuals to provide such testimony are unable to attend a hearing and so demonstrate to the satisfaction of the Dean of Students at least two (2) Business Days prior to the hearing. 
  13. Prospective witnesses, other than the Respondent and the Complainant, shall be excluded from the Hearing by the presiding officer during the testimony of other witnesses. 
  14. The Respondent is presumed innocent unless the information presented during the hearing to the Appropriate Student Conduct Authority demonstrates responsibility for the alleged acts by a preponderance of the evidence. The Appropriate Student Conduct Authority shall consider the validity of the complaint and, if responsibility for the complaint is determined, shall assign sanctions in accordance with these procedures.
  15. Both the Respondent and the Complainant shall be notified within a reasonable time of the outcome of the Hearing. Both parties shall also be informed of the Appeals procedure. 
  16. All Appeals from the Student Conduct Board or an Administrative Hearing will be to the College Appeals Officer(s) pursuant to the provisions in the Appeals section, below. In most cases, sanctions are held in abeyance pending Appeal. Sanctions will be imposed unless appealed or removed by appellate decision. In cases where Suspension or Expulsion are sanctioned, an immediate restriction will be placed on the Respondent such that the student may only be on campus for class during the Appeals process. Specific restrictions will be communicated with each Respondent.

Rights of Complainants and Respondents

In a Hearing, the following rights attach for the Respondent:

  1. To be informed of the complaint allegations within a reasonable time of the event.
  2. To request a copy of Student Rights, Responsibilities, and Conduct Procedures.
  3. To have a reasonable time to prepare for consideration of the complaint at the hearing.
  4. To request that their case be reviewed separately where the case involves more than one accused.
  5. To request and receive reasonable accommodations for registered disability.
  6. To have one adviser and up to two support persons present at the hearing.
  7. To present witnesses and information pertinent to the Hearing.
  8. To view and respond to all information offered in support of the complaint.
  9. To ask questions of persons presenting information pertinent to the Hearing.
  10. To submit a written statement rather than appear at the Hearing without risk of sanctions assigned solely for failure to appear.
  11. To appeal decisions pursuant to the provisions in the Appeals section.
  12. To be immune from repeated consideration of the same complaint except on Appeal, when remanded for a new Hearing, or for new information.

When a Hearing is granted, the following rights attach for the Complainant:

  1. To request a copy of Student Rights, Responsibilities, and Conduct Procedures.
  2. To have a reasonable time to prepare for consideration of the complaint at the hearing.
  3. To file separate complaints for multiple Respondents.
  4. To request and receive reasonable accommodations for registered disability.
  5.  To have one adviser and up to two support persons present at the hearing.
  6. To present witnesses and information pertinent to the Hearing.
  7. To hear and respond to all information offered in opposition to the complaint.
  8. To ask questions of persons presenting information pertinent to the Hearing.
  9. To appeal decisions pursuant to the provisions in the Appeals section, below.

Administrative Hearings

Administrators designated by the Dean of Students may conduct Administrative Hearings with students who have been charged with violating the Statement of Student Responsibilities. During the Administrative Hearing, the accused student has the opportunity to address and present evidence regarding the alleged violation(s). The administrator will render a decision on the finding of responsibility as well as appropriate sanctions. 

Composition of the Student Conduct Board

The Student Conduct Board is composed of a faculty member drawn from a pool of faculty appointed administratively, an administrator chosen from a pool appointed by the Dean of Students, and a student drawn from the pool of trained Students selected by the Dean of Students. The administrator chosen by the Dean of Students convenes and chairs the Student Conduct Board. 

If any of the Student Conduct Board members named above is the Complainant, that individual’s designee may not be within that individual’s academic department or administrative unit. 

In the event one of the members is not present, the Student Conduct Board may rule on the validity of a complaint, with the chair and any one of the other Board members in attendance with the consent of the Complainant and the Respondent. 

If for any reason the Student Conduct Board cannot be convened or assembled (e.g., summer, vacation, graduation, finals, etc.), the Dean of Students shall hear the matter, rule upon the validity of the complaint, and assign sanctions where appropriate.

Sanctions

  1. When complaints are heard and responsibility is determined by an Administrative Hearing or a Student Conduct Board, sanctions such as the ones listed below may be assigned to an accused Student, Group, or Organization. Sanctions are assigned at the discretion of the appropriate student conduct authority considering such factors as conduct history, motiviation for behavior and likelihood of re-offense.
    1. Admonition: An oral or written statement to a Student, Group, or Organization that they are responsible for misconduct, warning that a repeat of the misconduct may result in more severe sanctions.
    2. Restitution: Compensation for harm, injury, or loss. This may take the form of reimbursement for damage to or misappropriation of property, appropriate service, formal apologies, or other compensation.
    3. Fine: Monetary assessment up to five hundred dollars ($500) per infraction for individuals and one thousand dollars ($1,000) per infraction for Groups and Organizations.
    4. Required Work Hours: The activity is required for a specified number of hours during a designated time period under appropriate supervision. Efforts will be made to assign Students to tasks where the disciplinary nature of the assignment need not necessarily be revealed.
    5. Participation in Educational Activities: Required participation in one or more educational programs/activities intended to expand the Student’s/Organization’s/Group’s understanding of self, others, or important issues related to the misconduct. The activity will extend for a predetermined number of hours over a specified time frame, subject to verification of successful completion of assigned tasks.
    6. Written assignments: An essay, reflection paper, apology letter, or other piece for which clear instructions and expectations will be laid out by the Appropriate Student Conduct Authority.
    7. Required meeting(s): One or more meetings with someone on or off campus for the purposes of reflecting on behavior, better understanding policy, and/or creating a plan for success.
    8. Required assessment: A Student’s behavior may be of great concern to the College and expert opinion is requested to determine a best course of action for the student. This could be a psychological assessment, a chemical dependency assessment, a psychosexual assessment, or others. Assessments must be paid for by the student. They often result in recommendations from the assessor which the student must follow.
    9. Disciplinary Censure: The serious nature of the specific violation or existence of prior violations merits deep concern by the College for a determined period of time. Students sanctioned with Disciplinary Censure should understand that in most cases, future violation will result in Disciplinary Probation. The individual’s status with the College is in jeopardy and, therefore, parents will be notified, to the extent allowable under state and federal law, when students are placed on disciplinary censure. For student athletes, coaches will also be notified. 
    10. Relocation: Reassignment of a Student, Group, or Organization from a particular on campus space to another. The right of a Student to living space of her/his choice will be forfeited for a specified period of time.
    11. Eviction: Termination of the right of a Student, Group or Organization to space on campus. Upon eviction, the College will terminate its contract with the Student for residence hall space and reimburse, according to College policy on room refunds, the appropriate portion of monies, which the Student has paid to the College for living space for the balance of the academic year.
    12. Restrictions: 
      1. of Entry: Removal of the privilege of entering or visiting some or all areas of the campus. 
      2. of Participation: Limitations on participation in specific co-curricular activities, use of certain facilities or services, or other social restrictions.
      3. of Contact: Prohibition of unnecessary and avoidable contact.
    13. Disciplinary Probation*: This is the most serious form of behavior-related sanction that can be imposed short of suspension. The individual is considered to be “not in good standing with the Institution” for a determined period of time. Students on Disciplinary Probation will be prohibited from registering for or participating in off-campus study, credit-bearing internships, career explorations, and off-campus independent studies. They may be prohibited from representing the College in any activity (e.g., athletic teams, fine arts groups, student organizations, etc.), performance, or presentation. The College reserves the right to remove a student on disciplinary probation from a course or program if it deems such action to be in the best interest of the student, the College, or the program/course.
    14. Suspension*: Termination of Student status for a definite period of time. The conditions of readmission shall be stated in the order of suspension.
    15. Expulsion*: Permanent termination of Student status. The fact of expulsion shall become part of the Student’s permanent academic record at the College and remain so.
       *Notifications: In the case of Censure, Probation, Suspension and Expulsion, the individual’s status with the College is in jeopardy and therefore parents are notified, to the extent allowable under state and federal law. A student’s academic advisor and coach (if applicable) are also notified as follows: coaches are notified of all four sanctions and academic advisors are notified upon probation, suspension, and expulsion. 
  1. Any Organization found responsible for acts of misconduct or illegal acts—on or off campus—and/or any person held responsible for such acts, may have sanctions assigned, including withdrawal of Institutional privileges.
  2. Nothing in this document shall preclude the Appropriate Student Conduct Authority from considering a Student’s or Organization’s previous behavior relevant to the current complaint when prescribing sanctions.
  3. When relocation, eviction, restriction, censure, probation, suspension, or expulsion are imposed, parents or guardians may be notified, to the extent allowable under state and federal law, with prior notice to the Student (through the campus post office), if the Student is financially dependent on the parents or guardians.
  4. When a Student is found responsible for misconduct, written notice of the relevant sanction(s) assigned shall be provided to the Respondent and the Complainant.
 

Citations

College officials may issue Citations for the acts listed below. Citations, including the sanction(s), may be issued to Students who are responsible for the act and to those who have knowledge/witness of the violation. The Student may choose to comply with the sanction(s), or s/he may request a Hearing within five (5) Business Days of the receipt of the Citation. If the student does not request a hearing, there is no right to appeal the outcome. If a Hearing is held, the Student carries the burden of demonstrating that the Citation should not have been issued. Issuance of a Citation does not preclude other action via the complaint procedure. Offenses are counted cumulatively during each academic year. 

Like a formal complaint, a Citation becomes part of a student’s disciplinary record. Other breaches of Traffic Policies listed elsewhere in the Gustavus Guide may be addressed without creating a disciplinary file.

Citation Outcomes

The following are sanctions for citation-level offenses (offenses are counted cumulatively each academic year throughout a student’s enrollment at Gustavus except where indicated):

  1. Excessive noise or other similarly disruptive behavior (offenses are counted cumulatively each academic year). 

    First Citation: Admonition

    Second Citation: $25 fine and meeting with Area Coordinator.

    Third Citation: $100 fine and meeting with the Director of Residential Life or designee.

    After Third Citation: Referred to appropriate hearing body.

  2. Actions that endanger health or safety.
    1. Propping locked security doors or otherwise compromising security equipment or facilities. 

      First Citation: $50 fine.

      Second Citation: $100 fine and meeting with Area Coordinator.

      After Second Citation: Referred to appropriate hearing body

    2. Possession of candles, oil lamps, incense, or other open flames (or storage of flammable materials). 

      First Citation: $25 fine and immediate removal of item(s).

      Second Citation: $100 fine and immediate removal of item(s).

      After Second Citation: Referred to appropriate hearing body.

    3. Violation of the smoking/tobacco policy. 

      First Citation: $50 fine.

      Second Citation: $100 fine.

      After Second Citation: Referred to appropriate hearing body. 

    4. Violations of Fire Marshal Regulations (see Residential Life Policies, State Fire Marshal’s Directives for examples).

      First Citation: Admonition and deadline for removal.

      Second Citation: $25 fine and confiscation.

      After Second Citation: Referred to appropriate hearing body.

    5. Failure to leave the building when fire alarm sounds. 

      First Citation: $50 fine.

      Second Citation: $100 fine.

      After Second Citation: Referred to appropriate hearing body.

  3. Breaches of Residential Life and Cable Policies.
    1. Unauthorized removal of furniture from lounges and other public areas. 

      First Citation: $25 fine and replacement deadline.

      Second Citation: $50 fine and supervised replacement.

      After Second Citation: Referred to appropriate hearing body.

    2. Pets in residence halls 

      First Citation: $25 fine and immediate removal of animal.

      Second Citation: $50 fine and immediate removal of animal.

      After Second Citation: Referred to appropriate hearing body.

    3. Unauthorized reception and/or assisting in the unauthorized reception of cable television. 

      First Citation: $25 fine, immediate cessation of reception, meeting with Area Coordinator or other College official.

      Second Citation: $50 fine, immediate cessation of reception.

    4. Possession of illegal appliances. 

      First Citation: $25 fine and immediate removal of item(s).

      Second Citation: $100 fine and immediate removal of item(s).

      After Second Citation: Referred to appropriate hearing body.

    5. Unauthorized room changes. 

      First Citation: Admonition and removal deadline.

      Second Citation: $50 fine and meeting with Area Coordinator.

    6. Tampering with or removal of window screen. 

      First Citation: $25 fine.

      Second Citation: $50 fine and meeting with Area Coordinator.

    7. Possession of an illegal loft. 

      First Citation: Admonition and removal deadline.

      Second Citation: $50 fine and supervised removal.

    8.  Violating College Visitation Policy (offenses are counted cumulatively each academic year). 

      First Citation: Formal warning 

      Second Citation: $50 fine and meeting with Area Coordinator.

      Third Citation: $100 fine and meeting with Director of Residential Life or designee.

      After Third Citation: Referred to appropriate hearing body

  4. Breaches of Parking and Traffic Policy

    Gustavus Campus Safety is responsible for the enforcement of campus parking and traffic regulations. At the discretion of the Director of Campus Safety, violations may be referred to the Student Conduct System for processing. Any citation issued by Campus Safety can be appealed by submitting a parking appeal form within 5 business days. Parking appeal forms are available in the Campus Safety Office.

  5. College officials may establish and provide notice of fines for violations of various College policies.
 

Appeals

  1. Purpose
    1. Appeals are granted at the discretion of the Dean of Students to determine if error has occurred in prior hearing of the matter. Either Complainants or Respondents may appeal the outcome of a hearing. Grounds for appeal must be clearly stated in the application and are limited to:
      1. a) denial or irregularities of due process that had a material impact on the fairness of the complaint resolution process
      2. b) the sanction is substantially disproportionate to the charges and findings
      3. c) the introduction of previously unavailable relevant information that could significantly alter the original outcome

 2. Procedure

  1. Appeals must be filed with the Dean of Students within five (5) business days of receipt of the original written decision. (Receipt is defined as the day following the date of the decision letter.) Appeals are submitted through an online appeal application. Any sanctions imposed by the original hearing officer(s) in the matter are deferred pending the ruling of the appropriate appellate authority unless otherwise stated.
  2. The Appeal application (available online) must specify the grounds of Appeal (i.e., what error occurred). Those grounds are limited to those listed above in section A. The grounds for Appeal must state with specificity the facts upon which such claims of error are made. The individual must demonstrate to the Dean of Students in the written Appeal application that reasonable grounds for the Appeal exist.
  3. Upon receipt of the appeal, the Dean of Students shall review the claim and, if determined worthy of consideration, will forward the Appeal form with attachment(s) to the other party and/or original hearing officer within three (3) Business Days. Those parties shall then have three (3) Business Days to provide a written response to the Dean of Students for consideration by the appropriate appellate authority.
  4. Appellate authorities shall begin consideration of Appeals as soon as possible after their submission. Administrative Hearing and Board Appeals are considered by the College Appeals Chair and the College Appeals Board respectively on the basis of record and are closed proceedings.
  5. New information not previously available may result in a remand of the matter to the original authority. The appellate authority may uphold the original decision, change the original ruling, or refer the matter to the authority of original jurisdiction with instruction.
  6. No appellate authority or member thereof may be a designee of, report to, or work within the same academic department or administrative unit as the Complainant or Respondent.
  7. Appellate authorities may, at their discretion, seek clarification from any parties involved in the matter under appeal.
  8. Appeals are limited to review by one appellate authority except in decisions involving expulsion from the College.
    1. Jurisdiction
      1. The College Appeals system considers Appeals from Administrative Hearings and Student Conduct Board Hearings under this policy. Sexual Misconduct Board decisions which are appealed are considered by the College Sexual Misconduct Appeals Board according to the provisions in that policy. College Appeals system decisions are final except in cases involving expulsion from the College, which may be appealed to the President of the College.
      2. If for any reason the College Appeals Board cannot be convened (e.g., summer, finals, etc.), the Associate Provost (or their designee) shall consider the Appeal, rule upon its validity, and assign sanctions where appropriate.

Composition of College Appeals Board

The College Appeals Board shall be composed of the Associate Provost (or designee), a faculty member drawn from a pool of faculty selected by the Faculty Committee on Student Life or appointed administratively, and a student drawn from the pool of trained students selected by the Dean of Students. The Associate Provost (or designee) convenes and chairs the College Appeals Board. If any of the College Appeals Board members named above is the Complainant, that individual’s designee may not be within that individual’s academic department or administrative unit.

Presidential Appeal (Expulsion only)

  1. The President of the College or their designee considers Appeals from the College Appeals Board in decisions involving expulsion from the College only. 
  2. Appeals must be filed in writing with the Dean of Students within five (5) business days of receipt of the College appeals system decision. (Receipt is defined as the day following the date of the College Appeals Board decision letter). 
  3. Appeals to the President will be considered on the basis of the record.