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An Administrative Summons may be issued by the administrative officers of the University and is to be honored by students duly enrolled. Failure to answer the summons could result in immediate temporary suspension from the University until the issue is resolved.
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Student Conduct Code
Northeastern State University's Student Conduct Code is designed to set forth standards necessary to provide a learning environment conducive to the preparation of students for success in an increasingly challenging, diverse and global society. The University is, first and foremost, a community where the academic standards are strictly upheld and where the rights, responsibilities, safety and dignity of every individual are respected and paramount to the achievement of academic excellence. The Student Conduct Code serves not just as a disciplinary system, but also as a part of the educational process. The purpose of the Student Conduct Code is to teach students to live and act responsibly in a community setting and to encourage the development of good decision-making and personal integrity. University community members are expected to respect the rights of fellow community members, property, common resources, Student Conduct Code and laws associated with the broader community (e.g., city, state, nation and world). This Student Conduct Code does apply but is not limited to all locations of the University (e.g., a foreign country or another state).
Article I: Definitions
- University - The term "University" means Northeastern State University.
- Student - The term "student" includes all persons taking or having taken courses at the University. Persons who are living in University residence halls, although not enrolled in this institution, are also considered students.
- University Official - For the purpose of this document, the term "University official" includes any person employed by the University, performing assigned academic, administrative or professional responsibilities.
- Member of the University Community - The term "member of the University community" includes any person who is a student, employee of the University and any other person directly affiliated with the University. A person's status in a particular situation shall be determined by the Senior Student Affairs Officer or his/her designee.
- University Premises - The term "University premises" includes all land, buildings, facilities and other property in the possession of or owned, used or controlled by the University (including adjacent streets and sidewalks).
- Organization - The term "organization" means any number of persons who have complied with the formal requirements for University recognition. It may also include groups who have not complied with formal requirements.
- Senior Student Affairs Officer or his/her designee - The term "Senior Student Affairs Officer or his/her designee" (SSAO) means the person designated by the University President to be responsible for the administration of the Student Conduct Code.
- Student Conduct Administrator(s) - The term "Student Conduct Administrator(s)" means a University official authorized, on a case-by-case basis by the SSAO or his/her designee, to determine whether student(s) have violated the Student Conduct Code. The SSAO or his/her designee may authorize the same Student Conduct Administrator to impose sanctions in all cases.
- Appeal's Administrator(s) - The term "Appeal's Administrator(s)" means any person or persons authorized by the SSAO or his/her designee to consider an appeal from a Student Conduct Conference.
- Student Conduct Conference - The term "Student Conduct Conference" means a meeting between Student Conduct Administrator(s) and student(s) who potentially violated the Student Conduct Code.
- Committee on Student Conduct - The term "Committee on Student Conduct" is a committee consisting of faculty, staff and students created to consider an appeal in cases resulting in suspension, expulsion, degree revocation or rescission of credit of students.
- Policy - The term "policy" means the written regulations of the University as found in, but not limited to, the Student Conduct Code, Residence Life Handbook, the University web page and computer and network use policy, and Graduate/Undergraduate Academic Catalogs.
- Cheating - The term "cheating" includes, but is not limited to:
- use of any unauthorized assistance in taking quizzes, tests or examinations;
- use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments;
- the acquisition, without permission, of tests or other academic material belonging to a member of the University faculty or staff; or
- engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
- Plagiarism - The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. 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.
- University Affiliated/Sponsored - The term "University Affiliated/Sponsored" means any activity on or off campus that is initiated, aided, authorized or supervised by the University or by a recognized student organization of the University.
- Individual - Any student, employee, resident, or guest of the University.
All other terms have their natural meanings unless the context dictates otherwise.
Article II: Student Code Authority
- The Student Conduct Administrator shall:
- coordinate investigations, as deemed necessary;
- determine if a potential Student Conduct Code violation has occurred;
- impose sanctions, if necessary; and/or
- refer appeals to the SSAO or his/her designee.
- The SSAO or his/her designee shall develop policies for the administration of the student conduct system and procedural guidelines of Student Conduct conference(s).
- Decisions made by Student Conduct Administrator(s) shall be final, pending the normal appeal process.
Article III: Proscribed Conduct
- Jurisdiction of the University Student Conduct Code
- The University Student Conduct Code shall apply to conduct that occurs on University premises, at University Affiliated/Sponsored activities, and off-campus conduct that adversely affects the University Community and/or the pursuit of its objectives. (RUSO Student Policy 4.3.2h Off Campus)
- Each student shall be responsible for his/her conduct from the time of initial enrollment through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment and even if their conduct is not discovered until after a degree is awarded.
- The Student Conduct Code shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending.
- The SSAO or his/her designee shall decide whether the Student Conduct Code shall be applied to conduct occurring off campus, on a case by case basis, in his/her sole discretion.
- Conduct-Rules and Regulations
Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV.
- Acts of dishonesty - Acts of dishonesty may include, but are not limited to, the following.
- Cheating, plagiarism or other forms of academic dishonesty.
- Furnishing false information to any University official, faculty member or office.
- Forgery, alteration or misuse of any University document, record or instrument of identification.
- Falsifying or participating in the falsification of any University record. (RUSO Student Policy 4.3.2a Students' Obligations and Regulations)
- Any other act of dishonesty which adversely affects the University or the pursuit of its objectives. (RUSO Student Policy 4.3.2a Students' Obligations and Regulations)
- Disruption or Obstruction - Disruption or obstruction of teaching, administration, disciplinary proceedings, other University activities, including its public service functions on or off campus, or of other authorized non - University activities when the conduct occurs on University premises. ( RUSO Student Policy 4.3.2f Disturbing the Peace and Destruction of Property)
- Abuse - Physical abuse, verbal abuse, threats, intimidation, coercion and/or other conduct which threatens or endangers the health or safety of any person. Methods of abuse may include, but are not limited to physical, verbal, written, electronic and/or visual displays. Abuse can include but is not limited to the following:
- Assault: An intentional act or acts, that has caused, is intended to cause, or is perceived by the victim to cause bodily harm.
- Harassment: Conduct that is sufficiently severe and/or pervasive and that adversely affects or interferes with the educational program and/or creates an intimidating, hostile or offensive environment within the University community. Forms of harassment may include, but are not limited to, physical, mental, sexual, racial, ethnic, national origin, religion, or sexual orientation. University policy "Gender-Based and Sexual Misconduct Discrimination" may be used.
- Hazing: Any act which endangers the mental or physical health or safety of an individual for the purposes of initiation, admission into, affiliation with or as a condition for continued membership in a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is not considered a neutral act; they are violations of this rule (See the Student Handbook for more information).
- Heckling: Oppositional behaviors that badger, embarrass, harass, disempower, or challenge people or processes in a manner that undermines their integrity.
- Bullying: - Repeated behavior by a group or individual that is intended to harm, intimidate, offend, degrade or humiliate another person, possibly in front of others.
- Stalking: Willfully, maliciously and/or repeatedly following or harassing another person in a manner that would cause a reasonable person to feel frightened, intimidated, threatened or harassed. Refer to University policy "Gender-Based and Sexual Misconduct Discrimination".
- Sexual Misconduct: Sexual Misconduct includes, but is not limited to, unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature that expressly or implicitly imposes conditions upon, threatens, interferes with or creates an intimidating, hostile, or demeaning environment for an individual's:
- academic pursuits
- University employment
- participation in activities sponsored by the University or organizations or groups related to the University, or
- opportunities to benefit from other aspects of University life, including but not limited to on campus residence.
- Refer to University policy "Gender-Based and Sexual Misconduct Discrimination"
- Theft and/or Damage - Theft includes, but is not limited to, 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.
- Failure to Comply - Failure to comply with reasonable requests or directions of University officials or law enforcement officers acting in performance of their duties.
- Identification - You are required to carry your NSU I.D. card while on University property or at University sponsored events and activities (including recognized student organization events). An I.D. may not be used by any person other than the person to whom it was issued. I.D. cards being used by someone other than the card owner will be confiscated by University officials. Students are required to present their I.D. upon request of any University employee. If an I.D. card becomes missing, it is the responsibility of the card owner to promptly report the card lost or stolen to University police or I.D. services.
- Unauthorized Entry - Unauthorized entry includes, but is not limited to, unauthorized possession, duplication or use of keys or any other such devices to any University premises or unauthorized entry to or use of University premises. This may also include locations situated off campus.
- Controlled Substances - The use, consumption, possession, manufacturing, distribution and/or being under the influence of any controlled substances except as expressly permitted by law and/or University policy is prohibited. Possession of drug paraphernalia and the inappropriate use or abuse of prescription or over-the-counter medications is also prohibited.
- Alcohol - The use, possession, manufacturing, distribution and/or being under the influence of alcoholic beverages except as expressly permitted by law and/or University policy is prohibited. This includes, but is not limited to, having alcohol or being under the influence of alcohol in the residence halls. Being under the influence includes, but is not limited to: acting noticeably out of character, impaired motor skills, or otherwise disorderly or belligerent conduct. Possession of alcohol paraphernalia (including, but not limited to, empty alcohol containers or decorated alcohol containers) is not permitted in the residence halls.
- Firearms and Weapons - The use, possession and/or distribution of firearms, explosives, other weapons, imitation of weapons or dangerous chemicals on University premises is prohibited except as expressly permitted by law and/or University policy. This includes, but is not limited to, bows, knives, lasers or laser sights, guns, water guns, paintball guns or air-soft weapons.
- Disturbing the Peace - Disturbing the peace includes, but is not limited to, participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the University and/or infringes on the rights of other members of the University community; and/or leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area. University policy on Expressive Activities may be referenced.
- Traffic Obstruction - Traffic obstruction includes, but is not limited to, obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University-sponsored or -supervised functions.
- Disorderly Conduct - Conduct that is disorderly, lewd or indecent; breach of peace; or aiding, abetting or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University or members of the academic community.
- Technology Theft and/or Abuse - Technology theft or other abuse of computer facilities and resources includes, but is not limited to, the following: (RUSO Student Policy 4.3.2d)
- unauthorized entry into, transfer of or use of a file;
- use of another individual's identification and/or password or allowing the use of yours;
- use of computing facilities and resources to interfere with the work of another student, faculty member or University Official;
- use of computing facilities and resources to send obscene or abusive messages;
- use of computing facilities and resources to interfere with normal operation of the University computing system;
- use of computing facilities and resources in violation of copyright laws;
- attempts to circumvent established security procedures or to obtain access privileges to which the user is not entitled; and/or
- any violation of University policy on Computer and Network Use.
- Abuse of Student Conduct Process - Abuse of the Student Conduct Process includes, but is not limited to:
- failure to obey the notice from a Student Conduct Administrator(s) or University official to appear for a meeting or conference as part of the Student Conduct Process;
- falsification, distortion or misrepresentation of information before a Student Conduct Administrator(s);
- disruption or interference with the orderly conduct of a Student Conduct meeting or conference;
- attempting to discourage an individual's proper participation in, or use of, the student conduct process;
- attempting to influence the impartiality of a Student Conduct Administrator(s) prior to and/or during the course of the Student Conduct meeting or conference;
- harassment (verbal or physical) and/or intimidation of Student Conduct Administrator(s) prior to, during and/or after a student conduct meeting or conference;
- failure to comply with the sanction(s) imposed under the Student Conduct Code; and/or
- influencing or attempting to influence another person to commit an abuse of the student conduct code process.
- Passive Participation - Passive participation includes, but is not limited to, the following:
- encouraging or enticing any behavior or activity prohibited by law and/or University policy; and/or
- knowingly witnessing or observing any behavior or activity expressly prohibited by law and/or University policy.
- Violation of any University Policy - Violation of University Policy shall include any University policy, rule or regulation published in hard copy or available electronically on the University web site (i.e., residence hall policies, NCAA policies).
- Violation of Law - Violation of Law shall include violation(s) of any federal, state or local law.
- Violation of Law and University Discipline
- A University conduct meeting or conference may be held with a student that potentially violates both the criminal law and this Student Conduct Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Meetings or conferences under this Student Conduct Code may be carried out prior to, simultaneously with or following civil or criminal proceedings off campus at the discretion of SSAO or his/her designee. Determinations made or sanctions imposed under this Student Conduct Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced or resolved in favor of or against the criminal law defendant.
- 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 being processed under the Student Conduct Code, the University may advise off-campus authorities of the existence of the Student Conduct Code and of how such matters are typically handled within the University community. The University will attempt to cooperate 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 (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the University community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
Article IV: Student Conduct Code Procedures
- Charges and Student Conduct Conferences
- Student Conduct Code Violation
- Any member of the University community may submit a report of a potential Student Conduct Code violation. A report shall be prepared in writing and directed to Student Affairs, University Police or Residence Life. Any report should be submitted as soon as possible after the event takes place.
- A submitted report will be reviewed to determine merit, need for further investigation, appropriate referral if necessary and/or dismissal.
- All charges shall be presented to the Accused Student in written form. A time shall be set for a Student Conduct Conference, not less than five University business days from the issue date of the letter. The Accused student may choose to waive the five (5) University business day requirements. Scheduling of the Student Conduct Conferences may be extended at the discretion of the Student Conduct Administrator(s).
- Student Conduct Conferences Student Conduct Conferences shall be conducted by a Student Conduct Administrator(s) according to the following guidelines:
- Student Conduct Conferences shall be conducted in private.
- The Accused Student(s) and their adviser, if any, shall be allowed to attend the entire portion of the Student Conduct Conference at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Conference shall be at the discretion of the Student Conduct Administrator(s).
- During a Student Conduct Conference involving more than one Accused Student, the Student Conduct Administrator(s), at his or her discretion, may permit the Student Conduct Conference concerning each student to be conducted either separately or jointly. This may only be done with the consent of each Accused Student after having properly filled out a Consent to Release Student Records Form.
- The Accused Student may be accompanied by one adviser or counselor (may be an attorney at the student's expense) so long as the availability of the adviser does not hamper the timeliness of the conference. The selected adviser and/or counselor may not be an individual and/or student that is and/or may be charged as a result of the same or similar fact pattern. The adviser is limited to advising the student and may not present the case, question relevant parties or make statements during the proceedings. The mere presence of a University attorney does not indicate representation.
- The Accused Student and the Student Conduct Administrator(s) may arrange for witnesses to present pertinent information to the Student Conduct Administrator(s). Witnesses will provide information to and answer questions from the Student Conduct Administrator(s). Questions may be suggested by the Accused Student to be answered by other witnesses. These questions shall be directed to the Student Conduct Administrator(s) rather than to the witness directly. Questions of whether potential information will be received shall be resolved at the discretion of the Student Conduct Administrator(s).
- Relevant records, exhibits and written statements (including Student Impact Statements) may be accepted as information for consideration.
- The Student Conduct Administrator(s), at his or her discretion, may stop a Student Conduct Conference to evaluate new information obtained during a Student Conduct Conference and reevaluate the charges (add or eliminate) against the accused student.
- All procedural questions are subject to the final decision of the Student Conduct Administrator(s).
- After the portion of the Student Conduct Conference concludes in which all relevant information has been received, the Student Conduct Administrator(s) shall determine whether the Accused Student has violated sections of the Student Conduct Code which the student is charged with violating.
- The Student Conduct Administrator(s) determination shall be made based upon whether a preponderance of the evidence (more likely than not) indicates that the Accused Student violated the Student Conduct Code. The burden of proof rests with the Accused Student.
- Formal rules of process, procedure and/or technical rules of evidence, such as those applied in criminal or civil court, are not used in Student Conduct Code proceedings.
- The University reserves the right to create a single verbatim record, such as a tape recording, of a Student Conduct Conference, not including deliberations. The record shall be the property of the University.
- If an Accused Student, with notice, does not appear before a Student Conduct Administrator(s), the information shall be presented and considered even if the Accused Student is not present.
- The Student Conduct Administrator(s) may accommodate concerns for the personal safety, well-being and/or fears of confrontation of the Accused Student and/or other witnesses during the hearing by providing separate facilities, by using a visual screen and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement or other means, as determined by the sole judgment of Student Conduct Administrator(s) to be appropriate.
- One or more of the following sanctions may be imposed upon any student(s) found to have violated the Student Conduct Code:
- Warning - A warning is a written reprimand to the student indicating a violation of the Student Conduct Code has occurred. (RUSO Student Policy 4.3.3a)
- Conduct Review - Conduct Review is severe enough in nature to warrant the monitoring of a student's behavior for a specified amount of time. Conduct review rises to the level of conduct probation; however, is slightly less due to mitigating circumstances. If there is a finding of responsibility for subsequent violations of the Student Conduct Code during this period of time, more severe sanctions may be administered. A student on Conduct Review remains in good standing with the University.
- Conduct Probation - Conduct Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probation period. A student on Conduct Probation is not in good standing with the University. An individual not in good standing: (RUSO Student Policy 4.3.3c)
- may not officially represent the University in any University sponsored event,
- may not hold any leadership position in any University recognized organization, and/or
- may affect receipt of institutional scholarships and/or financial aid.
- Student Account Hold - A hold may be placed on a student's account as part of the outcome of a conduct conference. This may be done as a result of failure to complete additional sanctions or as a sanction on its own.
- Loss of Privileges - Loss of privileges is denial of specified privileges for a designated period of time.
- Restitution - Restitution is the compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
- Educational Requirements - The imposing of educational sanctions includes, but is not limited to: letter of apology, presentation of a workshop, preparation of a research paper or project, community restitution, counseling, assessment or evaluation. (RUSO Student Policy 4.3.3b Penalties)
- Residence Hall Review - Residence Hall Review is notice to the resident that their behavior is unbecoming of a resident and NSU student. If the resident is found responsible for another Residence Life Policy violation, then previous conduct will be taken into consideration at the time of sanctioning.
- Residence Hall Suspension - Residence Hall Suspension is the 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.
- Residence Hall Expulsion - Residence Hall Expulsion is the permanent separation of the student from the residence halls.
- University Suspension - University Suspension is the 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. A suspension hold will be placed on the transcript during the period of suspension. (RUSO Student Policy 4.3.3e Penalties)
- University Expulsion - University Expulsion is the permanent separation of the student from the University. When a student is expelled, a record of this action will be made a part of the student's permanent record. (RUSO Student Policy 4.3.3f Penalties)
- Revocation of Admission and/or Degree - Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation or other violations of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation. (RUSO Student Policy 4.3.3g)
- Withholding Degree - The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.
- Deferred Sanction - Deferred Sanction is the delay or postponing of any sanction. If a student is found responsible for any violation of the Student Conduct Code while on a deferred sanction, the original sanction will be implemented.
- More than one of the sanctions listed above may be imposed for any single violation.
- Other than University expulsion, revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's disciplinary record.
- A student may request in writing to expunge a disciplinary record no less than one academic year after completion of sanction(s). An expunged disciplinary record is the process in which student's disciplinary record is cleared for disclosure purposes only; however, the disciplinary record will remain on file. Such written request shall be made to the SSAO or his/her designee.
- In cases where a student is found responsible for a violation(s) of the Student Conduct Code, the sanctions shall be determined and imposed by the Student Conduct Administrator(s). The SSAO or his/her designee reserves the right to request a review of sanctions prior to imposition.
- Following the Student Conduct Conference, the Student Conduct Administrator(s) will advise the Accused Student verbally and in writing of the conference outcome. A person, who is identified as a victim of violence, as defined by FERPA, may be notified of the Student Conduct Conference outcome.
- Temporary Suspension (RUSO Student Policies, Penalties 4.3.3d)
- In certain circumstances, the SSAO or his/her designee, may impose a University or residence hall temporary suspension prior to the Student Conduct Conference.
- Temporary suspension may be imposed only:
- to ensure the safety and well-being of members of the University community or preservation of University property;
- to ensure the student's own physical or emotional safety and well-being; and/or
- if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University.
- During the temporary suspension, a student may be denied access to the residence halls and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the SSAO or his/her designee may determine to be appropriate.
- The temporary suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Conference, if required.
- The student shall be notified in writing of this action and the reasons for the temporary suspension. The notice will include an option for a subsequent show cause meeting at which the student may show cause why his or her continued presence on the campus does not constitute a threat during the interim of an investigation and student conduct conference.
- Non-Separation Appeals
- A decision or a sanction imposed by the Student Conduct Administrator(s) may be appealed by the Accused Student(s) to the Senior Student Affairs Officer or his/her designee within five (5) University business days of the decision. Such appeals shall be in writing and shall be delivered to the Student Affairs office.
- A person who is identified as a victim of violence, as defined by FERPA, may appeal a decision or sanction imposed by the Student Conduct Administrator(s) within five (5) University business days of the decision. Such appeals shall be in writing and shall be delivered to the Student Affairs office.
- Except as required to explain the basis of new information, an appeal shall be limited to a review of the record of the Student Conduct Conference and supporting documents for one or more of the following purposes:
- To determine whether the Student Conduct Conference was conducted fairly in light of the charges and information presented and in conformity with prescribed procedures, giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for an appeal unless significant prejudice results.
- To determine whether the decision reached regarding the Accused Student was based on substantial information; that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Conduct Code occurred.
- To determine whether the sanction(s) imposed were appropriate for the violation of the Student Conduct Code that the student was found to have committed.
- To consider new information sufficient to alter a decision or other relevant facts not brought out in the original Student Conduct Conference, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Conference.
- The Senior Student Affairs Officer or his/her designee, will review the appeal. Based on the information provided by the Accused Student, one of the following actions may occur:
- the conduct case may be returned to the original Student Conduct Administrator(s) for re-opening of Student Conduct Conference to allow reconsideration of the original determination and/or sanction(s),
- the imposed sanction(s) may be adjusted within reason, or
- the conduct finding(s) and sanction(s) may be upheld.
- The decision of the Senior Student Affairs Officer or his/her designee shall be final and not appealable except in cases of temporary suspension, suspension, expulsion or degree revocation which may be appealed to the Committee on Student Conduct. (RUSO Student Policy 4.3.4 Authority of Senior Student Affairs Officer)
- Separation Appeals (RUSO Student Policy 4.3.5 Appeals Process)
- A decision or sanction imposed by the Student Conduct Administrator(s) may be appealed by the Accused Student(s). Appeals should be submitted to the Senior Student Affairs Officer or his/her designee within five (5) University business days of the decision. Such appeals shall be in writing and shall be delivered to the Vice President for Student Affairs administrative office.
- A committee consisting of faculty, staff and students will be created to consider the appeal of cases resulting in temporary suspension, suspension, expulsion, degree revocation or rescission of credit of students.
- The committee will be designated as the "Committee on Student Conduct." The committee shall be appointed by the President of the University and shall include students, faculty and staff whose primary duties are not concerned with the administration of student conduct and affairs.
- The President will receive nominations for committee memberships from the Faculty Senate and Staff Council, provided that Faculty Senate and Staff Council nominations are submitted within thirty (30) days from time of notification that a vacancy(s) exists. If nominations are not made within thirty (30) days, the President will fill the vacancy(s) from faculty, staff, and students.
- The student members of the committee shall be nominated by the Northeastern Student Government Association. Nominations must be submitted in the same manner as those for the Faculty Senate.
- A student instituting an appeal to the Committee on Student Conduct shall have the right to exclude the student members of the committee upon proper request. One or more students may be included in the membership of the committee, such number to be determined by the President.
- Any act by a properly constituted committee, at which a quorum of the committee is present, shall be binding.
- To initiate an appeal, the student must make the request. The request and reason for appeal should be made in writing, by hard copy, signed and dated to the SSAO within five (5) University business days of the decision.
- If the student appeals a decision of suspension, expulsion, degree revocation or rescission of credit, the decision will become effective immediately. After a hearing before the Committee on Student Conduct such decisions may be amended.
- Hearings will be held as soon as practical after the request is made by the student.
- Disciplinary Files and Records
- Case referrals will result in the development of a disciplinary file in the name of the accused student. If the student is found not responsible for the charges, the file will be marked no action, no record, and shall not constitute a disciplinary record. Such files will be destroyed after one year.
- The files of students found responsible for charges against them, with sanctions less than suspension or expulsion, will generally be maintained in the Student Conduct Office for seven (7) years from the calendar year of record, after which they are destroyed.
- Records of cases in which suspension or expulsion from the University occur are kept for ten (10) and fifteen (15) years respectively.
- Confidentiality - All disciplinary records are confidential and may not be disclosed in whole or in part except as provided by law or by the written authorization of the student, under legal compulsion, or where the safety of other persons may be involved. Disciplinary records are maintained separate from the student's academic record but are part of the student's educational record.
- Re-release of disciplinary information/records - Unless otherwise excepted, individuals participating in disciplinary proceedings are bound by law to not disclose information discussed in the proceedings. When disciplinary records are permitted to be disclosed to an individual only, that information should not be re-disclosed, under penalty of law.
Article V: Interpretation and Revision
- Any question of interpretation or application of the Student Conduct Code shall be referred to the SSAO or his/her designee for final determination.
- The Student Conduct Code shall be reviewed every year under the direction of the SSAO or his/her designee.
- The University reserves the right to discontinue, modify or otherwise change its Student Conduct Code.
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Drug Free Campus and Community
The Drug-Free Schools and Communities Act (DFSCA) of 1989 - also known as the Drug-Free Schools and Campuses Act - requires institutions of higher education to establish policies that address unlawful possession, use, or distribution of alcohol and illicit drugs. The DFSCA also requires the establishment of a drug and alcohol prevention program.
All members of the NSU Community are encouraged to review the information on the following pages. This information is distributed on an annual basis
Standards of Conduct
Use of illegal drugs, and the illegal use of alcoholic beverages, is identified as "conduct which adversely affects the university community." University regulations prohibit any unlawful possession, use, distribution, or sale of alcohol and other drugs by University students, faculty, staff, or guests to the University, on University-owned property and at all University sponsored activities.
Northeastern State University students are also prohibited from the illegal use of drugs or alcohol whether on or off campus.
The legal age for the consumption of alcohol is 21 years of age. Any underage student consuming alcohol is violating standards for student conduct. Additionally, excessive alcohol use can lead to additional violations, such as driving while intoxicated or public intoxication.
Northeastern State University is designated as a tobacco-free environment. Smoking and the use of all tobacco products are prohibited.
The penalties for misconduct range from warning to expulsion. Typically, students who have violated the Student Code of Conduct will be referred to the Student Health Services for assessment and Hawk Reach Services to complete an individualized education plan. A Health and Substance Abuse Educator will meet with the student and complete an assessment covering alcohol and other drug use history, reason for referral, family and personal history, health concerns, safety issues, and the consequences associated with use. The educator will also assess the student's readiness for change and establish behavior change goals.
NSU employee sanctions are listed in the employee handbook.
Local, state, and federal laws provide for a variety of legal sanctions and penalties for the unlawful possession or distribution of illicit drugs and alcohol. These sanctions include, but are not limited to, incarceration and monetary fines.
Specific serious health risks are associated with the use of alcohol and drugs. Some of the major risks are listed below. For more information contact Student Health Services located in Wyly Hall on Tahlequah campus, or by calling 918-444-2126.
Alcohol and Other Depressants (barbiturates, sedatives, and tranquilizers) - Abuse of alcohol and use of other depressant drugs can cause addiction, accidents as a result of impaired ability and judgment, alcohol poisoning, overdose when used with other depressants, damage to a developing fetus, and heart and liver damage.
Amphetamines/Stimulants - Amphetamines and stimulants (speed, uppers, crank, caffeine, etc.) can speed up the nervous system which can cause increased heart and breathing rates, higher blood pressure, decreased appetite, headaches, blurred vision, dizziness, sleepiness, anxiety, hallucinations, paranoia, depression, convulsions and death due to a stroke or heart failure.
Anabolic Steroids - Anabolic steroids can seriously affect the liver, cardiovascular, and reproductive systems. They can cause sterility in males and females, as well as impotency in males.
Marijuana - Marijuana may impair short-term memory, thinking, and physical coordination. Marijuana can cause panic reaction and increase the risk of lung cancer and emphysema. It can interfere with judgment, attention span, concentration, and overall intellectual performance. The use of marijuana impairs driving ability. The use of marijuana may cause psychological dependence and compromise the immune system.
Cocaine - The use of cocaine can cause addiction, cardiovascular system damage including heart attack, brain damage, seizures, lung damage, severe depression, paranoia, and psychosis. Similar risks are associated with other stimulants, such as speed and uppers.
Nicotine - Tobacco smoke contains thousands of chemical compounds, many of which are known to cause cancer. Nicotine, which is a central nervous system stimulant, produces an increase in heart and respiration rates, blood pressure, adrenaline production and metabolism. People can rapidly become physically and psychologically dependent on tobacco. Nicotine also compromises the immune system.
Inhalants - Inhalants are a diverse group of chemicals that easily evaporate and can cause intoxication when their vapors are inhaled. Most inhalants are central nervous system depressants. Use of these drugs slows down many body functions. High does can cause severe breathing failure and sudden death. Chronic abuse of some of these chemicals can lead to irreversible liver damage and other health problems.
Prescription Drug Abuse - Prescription drug abuse can cause adverse reactions, dependency, withdrawal, and overdose.
Treatment Options and Education Resources
A variety of resources exist for alcohol and other drug prevention education, counseling and referral. For detailed information concerning these resources available from the University and community agencies, students may contact Student Health Services at 918-444-2126 located at Wyly Hall or HawkReach Counseling Services at 918-444-2042 located at Leoser Complex. Faculty and staff members may contact the Employee Assistance Program at 1-888-628-4824 or Human Resources at 918-444-2230.
Hawk Reach Counseling Services - Provides counseling to help students cope with problems stemming from alcohol or drug abuse by a family member(s) and friend(s). Student Counseling Services is available through Student Affairs.
Residence Halls Staff - Provide advice and referral for counseling.
Student Health Center - Provide counseling, and referral to appropriate on-campus and off-campus agencies which includes medical treatment.
Alcohol and Other Drug Education Programs (AODEP) - Student Affairs department of Student Health Services coordinates AODEP. Campus-wide programs and customized group programs focused on effects of alcohol and other drug use/misuse are offered throughout the academic year to bring awareness, education, and outreach to the campus community.
It is the intent of Northeastern State University to expand current educational programs and services to decrease the risks to students resulting from alcohol and drug abuse. The following toll free, hotline numbers may be of use to someone needing help or advice.
- National Institution on Drug Abuse Information and Referral, 1-800-662-HELP, M-F, 8:30-4:30
- Safe & Drug-Free Schools, 1-800-624-0100, M-F, 8-5
- National Council on Alcoholism, 1-800-622-2255, 7 days a week, 24 hours a day
- American Council for Drug Education, 1-800-488-DRUG
- National Clearinghouse for Alcohol & Drug Information, 1-800-SAYNOTO
- Cocaine Helpline, 1-800-COCAINE
- Reach-Out Hotline, 1-800-522-9054 (alcohol, drug crisis intervention, mental health and referral)
Any questions regarding the rules, regulations, and policies set forth in this statement may be referred to Student Affairs or Human Resources.
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University Statement on Harrassment and Discrimination
Northeastern State University, in accordance with applicable federal and state law, prohibits discrimination, including harassment, on the basis of race, color, national or ethnic origin, religion, sex, disability, age, or veteran status. This includes, but is not limited to, admissions, employment, financial aid and educational services. Individuals, who believe they have experienced harassment or discrimination prohibited by this statement, are encouraged to contact the appropriate offices within their respective units. Students should contact Student Affairs at 918-444-2120, faculty members should contact the Provost at 918-444-2060 and staff members should contact the Human Resources Department at (918)444-2230.
The NSU Statement on Harassment and Discrimination supports Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendment Act of 1972, section 504 of the Rehabilitation Act of 1973, section 402 of the Readjustment Assistance Act of 1974, Americans with Disabilities Act, and other federal laws and regulations.
Grievance procedures and report forms.
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Gender-Based and Sexual Misconduct Discrimination
Members of the NSU community, guests and visitors have the right to be free from gender-based discrimination, sexual misconduct, and violence. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. NSU believes in a zero tolerance policy for gender-based misconduct. When an allegation of misconduct is brought to an appropriate employee(s) attention, and a respondent is found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated.
Policy: NSU students, employees, guests and visitors are to conduct themselves in a manner that does not impose on the rights of others and does not discriminate as outlined in NSU Statement on Non Discrimination.
Detailed Gender-Based and Sexual Misconduct Discrimination policies and procedures.
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Northeastern State University does not tolerate acts of hazing by individuals or organization members.
Northeastern State University follows Oklahoma Statutes - Title 21, Section 1190 - Hazing
Hazing, which is an activity participated in or encouraged by student groups, or any members or associates of a group, in which prospective members or pledges are subjected to or imposed upon to do onerous, denigrating or hazardous tasks. Hazing is any act which endangers the mental or physical health or safety of an individual for the purposes of initiation, admission into, affiliation with or as a condition for continued membership in a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is not considered a neutral act; they are violations of this rule.
No student organization or any person associated with any organization sanctioned or authorized by the Northeastern State University shall engage or participate in hazing. Further definition of hazing is as follows:
"Hazing" means an activity which recklessly or intentionally endangers the mental health or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating subject to the sanction of the public or private school or of any institution of higher education in this state.
- "Endanger the mental health" shall include any activity, except those activities authorized by law, which would subject the individual to extreme mental stress, such as prolonged sleep deprivation, forced prolonged exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which could affect the mental health or dignity of the individual.
- "Endanger the physical health" shall include but not be limited to any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, alcoholic beverage as defined in Section 506 of Title 37 of the Oklahoma Statutes, drug, controlled dangerous substance, or other substance, or any other forced physical activity, which could adversely affect the physical health or safety of the individual.
Student groups shall be assumed to be responsible for the actions of their members or associates for hazing violations. The University or prospective members may file a complaint of hazing against all parties as individuals and against the student groups.
The University will strongly recommend the sanction of suspension for students and/or student groups found responsible through the student conduct process for hazing.
Individuals and/or groups may be convicted by local and state authorities. Upon conviction, groups shall be guilty of a misdemeanor and may be punishable by a fine of not more than $1,500 and the forfeit for a period of not less than one (1) year of the rights and privileges of being an organization. Any individual convicted of violating the provisions of hazing shall be guilty of a misdemeanor and may be punishable by imprisonment for not to exceed ninety (90) days in the county jail, by the imposition of a fine not to exceed $500, or by both such imprisonment and fine.
Perceived acts of hazing should be reported to Student Affairs immediately.
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Special Cases Requiring Administrative Action
Whenever a question arises concerning the physical, emotional or mental fitness of a person to enroll or remain enrolled at Northeastern, the University may require that person, as a condition for admission or retention, to submit to whatever diagnostic examination the University may specify. These examinations must be paid for by the individual examined or by an agency other than Northeastern State University. The University may, at its discretion, temporarily suspend the student pending the outcome of the specified examination. Refusal by the student to submit to the examination or an unfavorable report from the examiner may be cause for denial for admission or retention. In all cases covered by this policy, the University reserves the right to exercise the final judgment with respect to the admission or retention of the person whose fitness has been questioned.
An outline of steps to be taken by administrative staff at the University in a situation involving students with serious emotional problems is on file in Student Affairs.
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Northeastern State University has developed procedures for students to pursue grievances within the University community. To ensure that students understand how to appropriately pursue a grievance at Northeastern State University, students are encouraged to seek clarification and advice regarding procedures before initiating a grievance. Although a student may seek such advice from any faculty or staff member, Student Affairs has staff members trained to assist students who have grievances. Students are encouraged to seek assistance from Student Affairs in pursuing any type of grievance.
The decision as to which procedure to utilize for a grievance filed by a student shall be made solely by the University and shall be based on the fact pattern of each particular case. Each grievance shall be directed to a specific procedure and shall be afforded only one opportunity to be adjudicated unless the appeal body remands for further review.
Grievance procedures and report forms.
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Tobacco Free Campus
University Policy and State Law
It is the intent of Northeastern State University to promote the health, well-being and safety of all students, faculty, staff and visitors. As such, Northeastern State University is designated as a tobacco-free environment. Smoking and the use of all tobacco products are prohibited.
This policy applies to all non-leased buildings and grounds owned or under the control of Northeastern State University on the Tahlequah, Muskogee, and Broken Arrow campuses, including any housing or residential facility owned, operated, or managed by the University.
Tobacco "use" is prohibited in personal vehicles and all vehicles owned, leased, or under the control of Northeastern State University, the State of Oklahoma and all its agencies and instrumentalities including those that provide public transportation. Possession of tobacco products does not constitute "use".
Tobacco use includes, but is not limited to, the carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device or the use of smokeless tobacco including snuff, chewing tobacco, smokeless pouches, or any other form of loose-leaf, smokeless tobacco and electronic nicotine delivery devices.
Northeastern State University will not accept donations, gifts, money, or materials intended to promote the use of tobacco nor participate in any type of services that promote the use of tobacco.
It is prohibited to sell tobacco products or advertise the sale of tobacco products on University property.
Littering the campus with the remains of tobacco products or other disposable products is prohibited.
Organizers and attendees at events (meetings, conferences, lectures, cultural events and sporting events) using NSU facilities are required to abide by the policy. Organizers of such events are responsible for communicating the policy to attendees and for enforcing this policy.
Courtesy and consideration will be exercised when informing others unaware of and/or in disregard of this policy. No retaliation will occur to any person for doing so.
Compliance with this policy by all students, faculty and staff is expected based on NSU's commitment to a healthy culture, free of tobacco, and should be a cooperative effort, encouraged by all students, faculty and staff.
A complaint against an offender, who fails to respond to a request by another, as noted above, may be referred to a dean, director, or other manager. Appropriate disciplinary action will be taken for an offender against whom multiple complaints have been received.
- Students - NSU students shall be directed to and handled by the Office of Student Rights and Responsibilities. Violations occurring within University Housing shall be directed to and handled by the Housing Office. University Housing may refer complaints to the Office of Student Rights and Responsibilities.
- Faculty - NSU faculty shall be directed to and handled by the department chair and/or college dean, as deemed appropriate by Academic Affairs and Human Resources policies
- Staff - NSU staff shall be directed to and handled by immediate supervisor or director, as deemed appropriate by Human Resources policies.
- Visitors - Visitors shall be directed to and handled by the University Police department. The visitor may be asked to leave university premises for failure to comply.
- Fines - University Police may issue a misdemeanor citation to violators. Upon conviction, the fine range is $10 to $100. (Oklahoma Statute Title 21, Chapter 50, Section 1247)
Northeastern State University reserves the right to update policies and procedures or any portion thereof at any time without prior notice.
Tobacco Cessation Programs
Students may contact Student Health Center at 918-444-2126 for cessation assistance. Employees may contact Human Resources at 918-444-2230 for cessation assistance.
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