Code of Student Rights and Responsibilities
Table of Contents
- The following enumeration of rights shall not be construed to deny or disparage other
rights not in conflict with this Code of Student Rights and retained by students in
their capacity as members of the University community or as citizens of the State
or of the United States. This Code shall not be construed in any manner which might
run counter to a reasonable construction of the Charter and Bylaws of the University
and the direction of the Board of Governors, nor of the Constitution and Bylaws of
the Faculty, nor of the Constitution of the Student Government Association; nor shall
it be construed, interpreted or applied in any manner which would seem detrimental
to the privileges, purposes, aims and goals of Missouri State University-West Plains
as a public institution of higher learning.
- Federal and State constitutional guarantees of free inquiry, expression and assembly
are specifically restated as guarantees on this campus.
- Students are free to pursue their educational goals and to have appropriate opportunities
for learning in the classroom and on the campus as shall be provided by the University.
- No conduct consequences may be imposed upon any student without following minimal
procedural due process, as described in Article VI of this Code.
- Within the limits of its facilities, the University shall be open to all applicants
who are qualified according to the admission requirements, which may be adopted and
established from time to time. The University does not discriminate on the basis of
race, color, national origin (including ancestry), religion, sex (including marital
status, family status, pregnancy, sexual orientation, gender identity or gender expression),
age, disability, veteran status, genetic information or any other basis protected
by applicable law in employment or in any program or activity offered or sponsored
by the University.
- Discussion and expression of all views relevant to the subject matter are permitted
in the classroom subject only to the responsibility of the instructor to maintain
order and a climate conducive to learning, within the stated goals and purposes of
- All students shall have the right to be protected from prejudiced academic evaluations
unrelated to academic performance based on the student's views, opinions, political
associations, organizational memberships or the instructor's biases based on the character
of the student. Furthermore, all students shall have the right to appeal a grade to
the instructor, the department head, the division chair, the dean of academic affairs
and the Academic Concerns Committee. All grade remedies under other existing policies
shall be protected under this Code.
- Discussion and expression consistent with the laws of the State and the United States
and in the manner, time and place prescribed by University policy, are permitted within
the institution. Support of any cause by orderly means is permitted, subject to the
paramount rights of the University, the safety and rights of individuals, the protection
of property and the continuity of the educational process.
- The University encourages expression of informative and differing viewpoints on issues
and supports the presence on the campus of responsible persons representing various
views. The University reserves the right to specify the conditions of time, place
and manner of speakers through the University’s Expressive Activity Policy.
- Organizations and groups may be established within the University for any lawful purpose.
Affiliation with an extramural organization shall not, in itself, qualify or disqualify
the University branch or chapter from institutional privileges. A group shall become
an organization when formally recognized by the University according to the procedures
and regulations established by the office of student life & development. No group
may be so recognized or continue to be recognized if its purposes or programs are
in conflict with this Code of Student Rights or with the laws of the State or of the
- A student group or organization may distribute written material on campus without
prior approval provided that such distribution is consistent with the policies of
the University, including the University’s Advertising, Distribution and Solicitation
Policy, and Facility Usage Procedures and the applicable laws of the State and of
the United States and provided that it does not disrupt the operation of the University.
- The student press is to be free of censorship. The editors and managers shall not
arbitrarily be suspended because of student, faculty, administration, alumni or community
disapproval of editorial policy or content.
- All students shall have the right to be represented in the Student Senate of the Student
Government Association and they further shall have all rights that constituents in
democratic societies have including, but not limited to, the right of petition and
recall of their representatives.
- Students have limited rights of privacy while on University premises, which extend
to living quarters in residence halls. The following activities shall not be considered
to impinge upon such rights of privacy: the entry of a room to provide maintenance
inspections or repair services; entry when there is reasonable cause to believe that
a health or safety issue exists; entry when there is reasonable evidence of a disruption
of peace that substantially interrupts the daily operations of the residence hall
and/or floor community; entry of a room when a student permanently vacates the room;
entry of a room when a student vacates a room for a break period; the search of student
rooms by civil authorities in accordance with local, state or federal laws; the removal
of substances or property in violation of University policy or law during a routine
health or safety inspection; the removal of substances or property in violation of
University policy or law when in plain view and the removal of substances or property
in violation of University policy or law during a situation when a University Official,
in the course of the Official’s duties, believes an emergency situation exists which
poses threat of harm to a member of the campus community or to University property.
Students should not expect these limited rights of privacy to extend to computer accounts
and electronic mail. The University reserves the right to access student files and
accounts as a part of normal routine tasks and for the purposes of investigating alleged
- All students shall have the right to have their academic and conduct records protected
from unauthorized access by any person without the written consent of the student
involved, except as allowed by state and federal law.
- All students shall have the right to access, according to published University regulations
and/or procedures, all University structures where student fees or fines directly
contribute to the upkeep of said buildings, except private offices and other areas
where student access could compromise privacy. These buildings shall include, but
are not limited to, Putnam Student Center, Garnett Library and the Student Recreation
- All students shall have the right to be secure from having these rights infringed
upon by University administrators, faculty, support staff or fellow students.
- All students have a right to be offered reasonable protection from retaliation, intimidation,
and/or harassment. Students who believe they have experienced retaliation, intimidation
and/or harassment are encouraged to seek assistance from one of a number of campus
resources. The Office of the Dean of Student Services, Office of Student Life and
Development, the Office of Title IX Coordinator and the Office for Institutional Equity
and Compliance all have staff and resources available to assist students who believe
they may be the victim of retaliation, intimidation, and/or harassment. Additionally,
the Office of Title IX Coordinator and the Office for Institutional Equity and Compliance
have a liaison on the West Plains Campus to assist students who believe they may be
the victim of retaliation, intimidation, and/or harassment.
- The University Community is a community of people with respect for diversity. The
University emphasizes the dignity and equality common to all persons and adheres to
a strict non-discrimination policy regarding the treatment of individual faculty,
staff, and students. In accord with federal law and applicable Missouri statutes,
the University does not discriminate on the basis of race, color, national origin
(including ancestry, or any other subcategory of national origin recognized by applicable
law), religion, sex (including marital status, family status, pregnancy, sexual orientation,
gender identity, gender expression, or any other subcategory of sex recognized by
applicable law), age, disability, veteran status, genetic information, or any other
basis protected by applicable law in employment or in any program or activity offered
or sponsored by the University. Sex discrimination encompasses sexual harassment,
which includes sexual violence, and is strictly prohibited by Title IX of the Education
Amendments of 1972.
Missouri State University-West Plains has a single purpose: to develop educated persons.
It is thus committed to the search for knowledge. It recognizes that human curiosity
explores unknown intellectual worlds as well as unknown physical worlds. In a world
where knowledge can become outdated in less than a decade, the University is committed
to the discovery and dissemination of knowledge that serves the future.
Educated persons are developed through the interaction of competent, caring faculty
and capable, motivated students, supported by dedicated professional staff. It is
assumed that the three components of the University, faculty, students and staff,
come together as a community in pursuit of the single purpose of the University. In
joining this community, students voluntarily assume certain responsibilities that
are necessary for promoting the welfare of the community. Although no definitive list
of responsibilities can ever truly be developed, the following represent the main
responsibilities students assume by becoming members of the University community.
- Academic integrity and honesty are the foundation of the University community. Students
are expected to practice academic integrity in all assigned work. Students are expected
to be honest in all interactions with other students, faculty and staff.
- The University has the inherent right to promulgate appropriate rules and regulations
for the orderly conduct of University business and the protection of the health and
safety of the University community. Students are expected to comply with all published
and stated rules and regulations.
- Members of the faculty and staff have the authority to properly direct student conduct
in concert with the authority stated above. Students are expected to comply with directives
of University officials who are acting in performance of their duties. Students must
comply with directives even when they disagree with the directives. A student retains
the right to appeal an issued directive through the administrative structure that
exists for the faculty or staff member who issued the directive, through established
- The search for knowledge can only take place within an atmosphere of open exchange.
Open exchange can only take place in an environment of respect and civility. The University
has an economically, culturally and ethnically diverse population. Students are encouraged
to respect differences of culture, lifestyles and religions as well as to respect
freedom of expression. Additionally, students are encouraged to behave in a manner
that is both respectful and civil.
- The campus and its grounds, facilities and equipment are provided largely by the people
of the State of Missouri for the students of the University. Students are expected
to protect and guard these resources.
- Individual compliance with University rules and regulations can only partially ensure
a safe and orderly environment. Being a responsible member of the community also implies
encouraging behaviors in others that are consistent with these rights and responsibilities,
discouraging behaviors that are inconsistent and taking positive action in the face
of violations. Minimally, students are expected to participate in the process of adjudicating
violations of University expectations, rules and/or regulations. This implies that
students will report violations for which they have knowledge and participate in the
conduct process as necessary.
- Good Citizen Policy. The welfare of our students is of the highest importance to Missouri
State University-West Plains. There will be times when individual students, both on
and off campus, may be in critical need of assistance from medical or other professional
personnel. Missouri State University-West Plains hopes that these students will seek
help and other students will respond to obtain the help that their fellow student
needs. To that end, Missouri State University-West Plains intends to minimize any
hesitation that students might have in obtaining help due to concern that their own
behavior might be a violation of University policy. The University pursues a policy
of limited immunity for students who offer help to others in need. While policy violations
cannot be overlooked, the University, to the extent possible, will consider the positive
impact of reporting an incident on the welfare of students when determining the appropriate
response for University policy violations by the reporter of the incident. Any possible
negative consequences for the reporter of the problem should be weighed against the
possible negative consequences for the student who needs intervention. At a minimum,
Missouri State University-West Plains suggests that a student anonymously report any
situation that would put the student in need in touch with professional help. To report
an incident, contact the Dean of Student Services, Lybyer Technology Center, Room
207 (417) 255-7255. An incident report form may also be reported through the Student Life or Student Services page of the University
- Attending classes becomes a responsibility of students when they are admitted to the
University and for as long as they are in good standing. Students are expected to
attend class in accordance with the rights and responsibilities afforded them by the
University's Attendance Policy. Attendance is reported regularly and failure to attend classes regularly could have
consequences which impacts financial aid eligibility.
- The primary interaction between faculty and students, which produces educated persons,
is in the classroom in the individual course setting. Requirements of participation
in classroom discussion and submission of written exercises are consistent with this
- Pursuant to the University’s Class Disruption policy, the course instructor has original jurisdiction over the class and may deny a student,
who is unduly disruptive, the right to attend the class. Students are expected to
master the course content in compliance with the syllabus of the course instructor.
The student is expected to comply with all reasonable directives of the course instructor.
The course instructor may have a student administratively withdrawn from a course
upon showing good cause and with the concurrence of the department head. A student
may appeal the instructor's decision to the division chair and the Dean of Academic
- Pursuant to the University’s Non-Discrimination Policy Statement, students will be
free from, and are expected not to, discriminate on the basis of race, color, national
origin (including ancestry or any other subcategory of nation origin recognized by
applicable law), religion, sex (including marital status, family status, pregnancy,
sexual orientation, gender identity, gender expression, or any other subcategory of
sex recognized by applicable law), age, disability, veteran status, genetic information,
or any other basis protected by applicable law in connection with their activities
as members of the University community.
- Students will be held responsible, pursuant to this Code, for the behavioral acts
of their guests when such acts are in violation of the Code and occur on University
premises or in conjunction with University-sponsored or supervised activities.
Authority and Jurisdiction
- The State of Missouri has delegated, by statute, authority for the governance of Missouri
State University-West Plains to the Board of Governors. This includes "full power
and authority to adopt all needful rules and regulations for the guidance and supervision
of the conduct of all students while enrolled as such" and the authority to enforce
obedience to those rules and regulations. It also has the power to delegate student
- Generally, jurisdiction and the conduct process will be limited to behavior that occurs
on University premises or at University-sponsored activities. Jurisdiction and the
conduct process will apply to the conduct of students, student groups and student
organizations that occurs off campus when such conduct adversely affects a member
of the University community and/or the behavior reflects a clear disregard for the
rights and responsibilities found herein.
- Each student will be responsible to comply with this Code from the time of application
for admission through the actual awarding of a degree as well as during the academic
year and during periods between terms of actual enrollment ( even if their conduct
is not discovered until after a degree is awarded). The Code shall apply to a student’s
conduct even though the conduct violation may have occurred before classes begin or
after classes end. The Dean of Student Services may choose to pursue conduct charges
even if the student withdraws from school while a conduct matter is pending.
Any student found by the University to have committed any of the following misconduct
is subject to the consequences outlined in Article VII. The authority to determine if a specific act is subject to consequences shall be
determined pursuant to the procedures set forth in this Code or University Policy,
- Non-Academic Acts of Dishonesty: Non-Academic Acts of Dishonesty are acts of dishonesty
not related to a student's academic performance. Non-Academic Acts of Dishonesty
may include, but are not limited to, the following:
Acts of dishonesty that are related to a student’s academic performance, and any
incident of alleged academic dishonesty committed by any student at Missouri State
University-West Plains outside of the context of enrollment in any particular course,
are not governed by this Code but are instead governed by the Student Academic Integrity
Policies and Procedures. This document is available in the Office of Academic Affairs
office, or at https://wp.missouristate.edu/catalog/policy-academic-integrity.htm.
- Furnishing false information to any University official, faculty member or office,
or the use or possession of any form of false identification;
- Forgery, alteration or misuse of any University document, record or instrument of
- Tampering with the election of any student organization.
- Disruption or obstruction of teaching, research, administration, conduct proceedings,
other University activities, including its public-service functions on or off campus
or University-sponsored or supervised activities.
- Discriminatory Harassment, which is unwelcome conduct directed toward another person
or an identifiable group of persons on the basis of race, color, national origin (including
ancestry, or any other subcategory of national origin recognized by applicable law),
religion, sex (including marital status, family status, pregnancy, sexual orientation,
gender identity, gender expression, or any other subcategory of sex recognized by
applicable law), age, disability, veteran status, genetic information or any other
basis protected by applicable law, which is so severe, pervasive, and objectionably
offensive and that so undermines and detracts from the person or identifiable group’s
education experience that the student(s) are effectively denied equal access to the
University’s resources and opportunities. See Discrimination Complaint and Investigation
Procedures. For additional information regarding the adjudication of allegations
of discriminatory harassment, see Article 6.
- Attempted or actual theft of and/or damage to property of the University or property
of a member of the University community or other personal or public property.
- Hazing, an act that endangers the mental or physical health or safety of a student
or which destroys or removes public or private property, for the purpose of initiation
or admission into, affiliation with, or as a condition of continued membership in
a group or organization. The express or implied consent of the student will not be
a defense to a violation of hazing. The willing participation or acquiescence of the
student to the hazing activity is no defense and is still a violation of this policy.
- Failure to comply with directives of University officials or law enforcement officers
acting in performance of their duties (including, without limitation, failure to comply
with a no-contact directive) and/or failure to identify oneself to these persons when
requested to do so.
- Unauthorized possession, duplication or use of keys to any University premises or
unauthorized entry to or use of University premises that have restricted access.
- Violation of University policies, rules or regulations including, but not limited
to: "The Course Catalog", "The Guide to Residence Hall Living", and the University Policy Library.
- Violation of federal, state or local laws and ordinances on University premises or
at University-sponsored or -supervised activities. Violations of federal, state, or
local laws and ordinances that occur off campus when the conduct adversely affects
a member of the University Community or the behavior reflects a clear disregard for
this Code, State law, or Federal law.
- Use, possession or distribution of narcotics or other controlled substances or related
paraphernalia, except as expressly permitted by law. Including the use of prescription
medications without proper prescription or used counter to the directions of a valid
prescription. Additionally, the misuse of any products for the purposes of obtaining
a similar effect as illegal drugs. Recommended minimum consequences for a violation
of Section 4.10 are outlined in section 7.13.
- Use, possession or distribution of alcoholic beverages or alcohol paraphernalia (as
defined in this Code) except as expressly permitted by the law and University regulations
or public intoxication on University premises. Recommended minimum consequences for
violations of the alcohol policy are outlined in section 7.13.
- Possession and/or use of firearms, fireworks, explosive weapons and other weapons,
as defined by University policy and Missouri law, on University premises.
- Tampering with fire alarms, extinguishers and/or other safety equipment.
- Participation in a campus demonstration which disrupts the normal operations of the
University and infringes on the rights of the University community; leading or inciting
others to disrupt scheduled and/or normal activities within any campus building or
area; intentional obstruction which unreasonably interferes with freedom of movement,
either pedestrian or vehicular, on University premises or at a University sponsored
or sanctioned event.
- Obstruction of the free flow of pedestrian or vehicular traffic on University premises
or at University-sponsored or -supervised functions.
- Unauthorized Surveillance: making unauthorized video or photographic images of a person
in a location in which that person has a reasonable expectation of privacy, including,
but not limited to, shower/locker rooms, residence hall rooms and restrooms. Also
prohibited is the intentional or knowingly viewing, storing, sharing and/or other
distribution of such unauthorized images by any means.
- Unauthorized distribution of sexually explicit images, sharing, displaying or otherwise
distributing nude or sexually explicit images of another individual without that individual's
consent, even if the image was lawfully made or taken with consent. The knowing or
intentionally viewing of an image by a third-party when the third party knows or has
reason to know that the subject of the image has not consented to such viewing or
distribution is likewise a violation of this section.
- Abuse of computing resources, including but not limited to:
- Sharing a University account password with others, allowing anyone else to use your
account or use someone else's account;
- "Copying, sharing, uploading, downloading, sending or knowingly receive copyrighted
or trade/service marked materials without authorization;
- Fraudulently accessing and interfering with computer systems, resources, data or other
- Examining, altering or attempting to examine or alter another computer user's private
files or electronic communications without authorization;
- Using or altering electronic communications to hide identity or impersonate another
- Disrupting, attempting to disrupt or supporting the disruption of University or external
information technology services, systems or users;
- Violating Missouri State University's "Information Technology Policies".
- Physical Misconduct, including but not limited to:
- Inflicting bodily harm or unwanted physical contact upon any person;
- Taking any action for the purpose of inflicting harm upon any person.
- Sexual Harassment as defined in the University’s Title IX Sexual Harassment Grievance
Procedure Policy. Note: Unlike other prohibited conduct outlined in this Article
IV, allegations of Sexual Harassment are processed through the University’s Title
IX Sexual Harassment Grievance Procedure Policy. As discussed in more detail below
in Article 6, the Dean of Student Services may address allegations of Sexual Harassment
that do not meet the definition or jurisdictional requirements of the Title IX Sexual
Harassment Grievance Procedure. Allegations of Sexual Harassment, as defined by the
University’s Title IX Sexual Harassment Grievance Procedure Policy should be filed
with the Title IX Coordinator, 901 S. National Ave., Springfield, Missouri 65897,
- Abuse of the Conduct System, including but not limited to:
- Failure to obey the directives of a Conduct Officer, University official;
- Providing false, distorted or misrepresenting information before an adjudicator in
a University process determining responsibility (e.g. Conduct Officer, University
Official Hearing Authority, and/or Decision Maker).
- Disruption or interference with the orderly conduct of a conduct proceeding;
- Institution of a conduct proceeding knowingly without cause;
- Attempting to discourage an individual's proper participation in, or use of, the conduct
- Attempting to influence the impartiality of any member of a conduct proceeding prior
to, during and/or after a conduct meeting and/or hearing;
- Retaliation against any person participating in the conduct process;
- Failure to comply with consequences imposed following a conduct proceeding;
- Influencing or attempting to influence another person to commit an abuse of the conduct
- Violations of Missouri State University-West Plains' Tobacco Use Policy.
- Assisting, facilitating, or encouraging, through act or omission, any person or group
with committing or attempting to commit a violation of this Code or Federal/State
laws and regulations. Failure to leave or report a situation where any person is committing
or attempting to commit a violation of this Code.
Violation of Law and University Conduct
- University student conduct proceedings may be instituted against a student charged
with conduct that potentially is a violation of both criminal law and this Code. Proceedings
under this Code may be carried out prior to, simultaneously with or following civil
or criminal proceeding off-campus at the discretion of the Dean of Student Services
or a designee. Determinations made or consequences imposed under this Code shall not
be subject to change because criminal charges were dismissed, reduced or resolved
in favor of or against the criminal law defendant. In cases involving potential criminal
conduct the Dean of Student Services, in conjunction with other appropriate University
officials, will determine whether law enforcement shall be notified.
- When a student is charged by federal, state or local authorities with a violation
of law, the University will not request or agree to special consideration for that
individual because of his or her status as a student. If the alleged offense is also
the subject of a proceeding before a conduct body under the Code, or other University
Policy, however, the University may advise off-campus authorities of the existence
of University Policy and of how such matters will be handled internally within the
University community. The University will cooperate fully with law enforcement and
other agencies in the enforcement of criminal law on campus and in the conditions
imposed by criminal courts for the rehabilitation of student violators. Individual
students, staff members and faculty members, acting in their personal capacities,
remain free to interact with governmental representatives, as they deem appropriate.
The development of self-discipline is a goal of education, and the student conduct
process is intended to be educational in nature. The student conduct adjudication
process described herein is designed to further the educational process; therefore,
it is not comparable to, or a substitute for, jurisprudence under a criminal code.
Therefore, formal rules of process, procedure, and/or technical rules of evidence,
such as are applied in criminal or civil court, are not used in the student conduct
adjudication process described in this Code. The student conduct adjudication process
outlined below is designed to balance the rights and responsibilities of the student
accused of wrongdoing with the rights of the University community, including but not
limited to, the complaining student, other students, faculty, staff, and the public.
- Subject to other University Policy, any member of the University community may file
a complaint against any student or student organization for alleged violations of
this Code. The complaint may be prepared in writing or notice may be given in another
manner and directed to the Dean of Student Services, who has been given responsibility
for the administration of the University conduct system. Any complaint should be submitted
as soon as is reasonably possible after the event takes place, but in any case, no
longer than twelve (12) months from the date the person knew or should have known
of the alleged violation. In most cases, students will not undergo more than one conduct
process within the University for the same incident.
- Violations of Code Policies (other than violations of the University’s Title IX Sexual
Harassment Grievance Procedure Policy): After receiving an incident report or other
indication of Code violations, the Dean of Student Services, or their designee, may
proceed as follows:
- Conducts an investigation of the allegations, or other validation of the allegations
- If appropriate, sends a charge letter indicating:
- The sections of the Code or other University policies allegedly violated
- Date, time, and place the alleged violation occurred (if available)
- A concise summary of the alleged violation
- A list of witnesses (to be supplemented later if necessary)
A date, time, and location for the respondent to meet with the Dean of Student
Services pursuant to Section 6.5. The respondent’s class schedule shall be consulted;
the respondent may request an alternative date and time to meet within the deadline
listed in the charge letter. The decision to alter the meeting time and date is at
the discretion of the Dean of Student Services.
- Alleged Violations of Title IX Sexual Harassment Grievance Procedure: If the University
receives an allegation of discrimination the University will address such allegation(s)
through the Governing Policy and the Grievance Procedure Policy. The Dean of Student
Services will forward any allegations to the appropriate official as indicated in
University Policy. Allegations of Sexual Harassment that fall within the scope of
the Grievance Procedure will be handled entirely through that Policy, unless dismissed
pursuant to that Policy.
- Allegations of Discrimination Based on a Protected Class: All allegations and complaints
of discrimination that fall outside of the Grievance Procedure policy either due to
the jurisdictional limitations or due to a dismissal pursuant to that Policy will
be handled pursuant to the Discrimination Complaint and Investigation Procedures Policy.
After completing an investigation, the Equity Investigator will prepare a document
summarizing the investigation and the finding from the investigation. After receiving
the document from the Equity Investigator, the Dean of Student Services will proceed
- Prepare and send correspondence to the individual identified as the Respondent in
the Investigative Report scheduling a Conduct Meeting where the Dean of Student Services
will discuss the situation described in the document, the proposed charges against
the Respondent, the consequences proposed by the Dean of Student Services and the
Respondent’s position on responsibility.
- The Respondent will be given the opportunity to review the document prepared by the
Equity Investigator, the charges of Code violation and given a summary of information
to be presented as to allow preparation of refutation. The Respondent will be given
the opportunity to review any materials referenced by the Equity Investigator in the
document including but not limited to: audio recordings and exhibits;
- Answer questions and provide any necessary clarification of the Code and/or its procedures;
- Discuss the Respondent's level of responsibility in the conduct situation. The Respondent
may give additional information, present additional pertinent documents or records
pertaining to the incident and present additional witnesses which were not provided
during the investigative phase
- Unless otherwise required by other University Policy, the Dean of Student Services,
or designee, will facilitate a Conduct Meeting, at which time the following matters
may be discussed:
- The Dean of Student Services will review the charges and give a summary of the information
to be presented;
- The Dean of Student Services will answer any questions and provide any requested clarification
of the Code and/or its procedures;
- The respondent may respond to the charges and provide any information the respondent
believes to be relevant in determining responsibility. The respondent shall have an
opportunity to present information, ask questions, present records or documentation
pertaining to the incident, present witnesses and provide explanations to the Dean
of Student Services.
- The Dean of Student Services and the respondent will discuss the respondent's level
of responsibility relating to the allegations and attempt to reach an agreement regarding
responsibility (or lack of responsibility) and consequences as necessary. If an agreement
is reached, a Case Resolution Form (CRF) will be completed by the Dean of Student
- If a respondent fails to attend their scheduled conduct meeting, the Dean of Student
Services may, at their discretion, conduct the meeting in the respondent's absence
and render a finding of responsibility or no responsibility. In these cases, the Dean
of Student Services will complete a CRF and send a findings letter to the respondent;
the respondent is responsible for fulfilling or upholding the consequences listed
within the letter. The respondent may appeal the conduct decision but must follow
the appeals processes outlined in Article VIII of this document.
- In matters concerning hearings, the Dean of Student Services will assist both the
respondent accused of violating policies and the member of the University community
who is filing charges for the purposes of facilitating and understanding the hearing
- The Dean of Student Services' determination will be made by a preponderance of evidence,
on the basis of whether it is more likely than not that the respondent violated the
Code of Student Rights and Responsibilities.
- The Respondent may be accompanied by an advisor. The advisor may be an attorney but
is not required to be an attorney. The Advisor will not be permitted to actively
participate in any Conduct meeting. In consideration of the limited role of advisors
and of the compelling interest of the University to expeditiously resolve allegations
of violations of the Code, the work of the Dean of Student Services will not, as a
general practice, be delayed due to the unavailability of an advisor. The responding
student is responsible for presenting his or her own information and, therefore, advisors
are not permitted to speak or to participate directly in any hearing.
- Where appropriate, following a Conduct Meeting, the parties may have a right to a
hearing as set forth below:
- In cases where the Dean of Student Services and the respondent are unable to come
to an agreement on responsibility and/or consequence, or the respondent fails to appear
for the Conduct Meeting, and the Dean of Student Services’ chosen consequence does
not include any separation between the student and the University (e.g. Article VII Section 1.h, Article VII Section 1.k, Article VII Section 1.l, Article VII Section 1.m, Article VII Section 1.n, Article VII Section 1.o or Article VII Section 1.p) then the finding of the Dean of Student Services will be applicable, unless the
respondent submits an appeal pursuant to Article VIII below.
- In cases where the Dean of Student Services and the respondent are unable to come
to an agreement on responsibility and/or consequences, and the Dean of Student Services’
chosen consequence includes a sanction separating the student from the University
(e.g. Article VII Section 1.h, Article VII Section 1.k, Article VII Section 1.l, Article VII Section 1.m, Article VII Section 1.n, Article VII Section 1.o or Article VII Section 1.p), the respondent shall have the right to request a hearing in front of a Hearing
- In cases where the respondent fails to appear for the conduct meeting and the recommended
consequences includes separation between the student and the University (e.g. Article VII Section 1.h, Article VII Section 1.k, Article VII Section 1.l, Article VII Section 1.m, Article VII Section 1.n, Article VII Section 1.o or Article VII Section 1.p), the Dean of Student Services will designate an entry of “not responsible” and set
up a hearing with a Hearing Authority.
- Any hearing conducted pursuant to the Code shall be conducted in order to provide
a fair opportunity for hearing of every participant's position, explanations and information
according to the following guidelines:
- Hearings will be conducted in private. Only individuals serving a defined purpose
will be allowed to participate (e.g. complaining and responding students, identified
witnesses, advisors to participants, emotional support individuals), and only to the
extent necessary for that defined role (i.e. emotional support individuals may sit
in close proximity to a witness while being questioned, but then must leave for all
other aspects of the Hearing.
- The parties to a hearing must each inform the Dean of Student Services of witnesses
who they intend to have provide information at the hearing at least five (5) business
days in advance of the hearing. The Hearing Authority may determine that there are
other relevant persons who know information about the situation and invite them to
participate in the hearing to share their information.
- The Hearing Authority may cause to be removed from the hearing any person who disrupts
or impedes the hearing or who fails to adhere to the rulings of the Hearing Authority.
- Unless prior arrangements have been approved by the Hearing Authority, the complaining
party should appear as part of the Dean of Student Services presentation of charge(s)
before the Hearing Authority.
- If the respondent has been properly notified of the hearing, but fails to appear,
the hearing may take place in the respondent’s absence and the findings and consequences
will be binding on the respondent, subject to the respondent’s right to appeal pursuant
to Section VIII.
- In hearings involving more than one accused student, the Dean of Student Services,
at their discretion, may decide to separately conduct the hearings concerning each
- Both parties to a hearing have the right to be assisted by an advisor of their choosing
at their own expense. A party is only allowed one (1) advisor, unless otherwise approved
by the Hearing Authority. The party’s advisor may be an attorney. Participants are
each responsible for presenting their own information and, therefore, advisors are
not permitted to speak or to participate directly in any hearing. It is the responsibility
of the participants to notify the Dean of Student Services of the identity of their
advisor no later than five (5) business days in advance of the hearing date.
- In consideration of the limited role of advisors and of the compelling interest of
the University to efficiently resolve allegations of violations of the Code, the work
of a Hearing Authority will not, as a general practice, be delayed due to the unavailability
of an individual’s advisor.
- Presenting information and rebutting information presented at a hearing are rights
available to both parties. However, certain circumstances may make it prudent to limit
either party from submitting direct questions to a witness or participant. Therefore,
all questions may be submitted in writing to the Hearing Authority to ask the questions
on the party’s behalf. Only those questions relevant to the conduct charges will be
allowed by the Hearing Authority. All parties will be allowed similar and timely access
to materials introduced during a Hearing.
- It is the responsibility of the person desiring the presence of a witness before a
hearing to ensure that the witness appears. Because experience has demonstrated that
the actual appearance of an individual is of greater value than a written statement,
the latter is discouraged and should not be used unless the individual cannot reasonably
be expected to appear. Any written statement must be dated, signed, and include verification
that the individual submitting the statement is in fact the author of the statement
(e.g. notarized, signed in from of a University Official). The work of a Hearing
Authority will not, as a general practice, be delayed due to the unavailability of
- The Hearing Authority may accept for consideration all information which reasonable
persons would accept as having relevance to the allegations. Unduly repetitious, personally
abusive information, or evidence overly extraneous to the charges under consideration
should be excluded.
- Pertinent records, exhibits and written statements may be accepted as evidence for
consideration at the discretion of the Hearing Authority. The dean of student services
must receive such pertinent records, exhibits and written statements at least five
(5) business days prior to a hearing for a party to include such evidence in the hearing,
unless as otherwise allowed by the Hearing Authority. All parties will be allowed
similar and timely access to materials introduced during a Hearing.
- All procedural questions during the hearing are subject to the final decision of the
- The Hearing Authority will conduct deliberations in private as to a Respondent’s responsibility
and, if necessary, appropriate consequences. The Hearing Authority shall determine
whether the respondent has violated each of the charged sections of the Code.
- The Hearing Authority's determination shall be made on the preponderance of evidence,
on the basis of whether it is more likely than not that the respondent violated the
- Any participant in a hearing who has a disability and requires accommodation in order
to fully participate in the hearing should arrange accommodations with the Disability
Services Coordinator sufficiently in advance of the hearing.
- There may be circumstances in which participants to a Hearing may request that individuals
are visually blocked from view during the hearing. Such a request will be evaluated
on a case-by-case basis by the Hearing Authority. If such a request is granted, every
effort will be made to ensure that all parties have the ability to present questions
to any individual, regardless of that individual being physically present or visible.
- The Hearing Authority will conduct separate deliberations in private as to the appropriate
consequences for those violations it has determined the respondent has violated.
The Hearing Authority will entertain recommendations from both parties as to appropriate
consequence. A respondent’s past violations and consequences (including past violations
and consequences that occurred at any of the University’s campuses or at another institution
of higher education) may be relevant and considered when determining action or appropriate
- A digital recording of all hearings will be recorded by the Dean of Student Services
and/or the Hearing Authority. The record shall be the property of the University.
No other party will be allowed to make a separate recording of any type. Both parties
to the proceeding will have access to inspect the digital recording, at the office
and the discretion of the Dean of Student Services, and pursuant to the restrictions
applied by the Dean of Student Services and this Code.
- The Hearing Authority will provide the Dean of Student Services with the parties CRF
which will outline the Hearing Authority’s finding on responsibility and consequences.
The CRF will also include a written summary of the Hearing Authority’s rationale for
its finding of responsibility and consequences. Following completion of a CRF, the
respondent will receive an outcome letter from the Dean of Student Services, summarizing
any charges and consequences resulting from the conduct adjudication process.
- Except in the case of a student charged with failing to obey the summons of a Hearing
Authority or University official, no student may be found to have violated the Code
solely because the student failed to appear for a hearing. In all cases, the information
in support of the charges shall be presented and considered.
- The University records of a student may be placed on a hold under this Code when a
- Is given sufficient notice to respond to a letter of conduct charges and fails to
- Does not fulfill a conduct consequence within the deadline established by a Hearing
Authority or by agreement with the Dean of Student Services;
- Has received a consequence that prohibits future enrollment;
- Has indicated a criminal charge or conviction on the application for admission and
must provide requested information to the Dean of Student Services that is relevant
to reaching an admissions decision;
- Has been summoned by the Dean of Student Services or a designee for a meeting concerning
the student's alleged misconduct and will not comply with the request.
- The purpose of a hold is to compel a student to fulfill an obligation to the Dean
of Student Services (including the Office of Residence Life). A Student Life Hold
(J Hold) on records denies the student the right to register for future classes or
change class registration until the hold on records is removed by the Dean of Student
Services when the student fulfills the required conditions. A student receiving a
hold may seek relief from the chancellor. The student shall request relief in writing.
Upon review, the chancellor can amend the conditions of the hold or remove the hold.
- Through the course of the conduct process, the University will maintain records relating
to an individual’s participation in the conduct process. This conduct file, including
the outcome of a conduct meeting or a hearing, and the consequences imposed, are educational
records and are protected from release under the Federal Education Rights and Privacy
Act (FERPA), except as otherwise required or permitted by law.
- The Dean of Student Services will facilitate the disclosure of the student’s conduct
file upon written request. In order to request a copy of the conduct file an individual
(or their next of kin) should submit a request to the Dean of Student Services.
- Following release of an acceptable written request, the Dean of Student Services will
release a redacted version of the student’s conduct file. Such redaction will still
include the name of the respondent party, the charges pursued in the conduct process,
and any consequence imposed against the respondent.
- Conduct records of student organizations may be requested through the University’s
Custodian of Records office.
- In the discretion of the Dean of Student Services or Hearing Authority the following
educational consequences may be imposed upon any student found to have violated any
provision of this Code:
- Warning – A notice in writing to the student that the student is violating or has violated
- Loss of Privileges – Denial of specified privileges for a designated period of time;
- Fines – Fines may be imposed consistent with the schedule of fines adopted by the Board
- Restitution – Compensation for loss, damage or injury. This may take the form of appropriate
service and/or monetary or material replacement;
- Discretionary Consequences – Work assignments, service to the University or other related discretionary assignments
which may include, but are not limited to, an apology, restriction upon privileges,
a research paper or written statement, a referral for counseling, evaluation for alcohol/drug
abuse, completion of University programming or other consequences deemed appropriate;
- Level One Probation – Is imposed for a specific period of time and affects the student's good standing
in the University. While on level one probation, the student may be declared ineligible
to campaign for, hold office or other leadership roles in a student organization,
or represent the University in any intercollegiate activity. If found responsible
for a violation of the Code while on level one probation, this may result in suspension
- Level Two Probation – Is imposed for a specific period of time and affects the student's good standing
in the University. While on level two probation the student shall be declared ineligible
to campaign for or hold office or other leadership roles in a student organization.
The student shall not represent the University in any University sponsored activity
or position. While on Level Two probation, students are prohibited from participating
in education abroad, attending conferences on behalf of the university or representing
the University at an official function, event, or intercollegiate competition as a
player, manager, or student coach. If found responsible for a violation of the Code
while on level two probation, it may result in separation from the University (e.g.
denial of privilege to reenroll, suspension, or dismissal) at the discretion of the
Dean of Student Services.
- Denial of Privilege to Re-enroll – This places the student on level two probation, permits the student to complete
the current semester barring further violations, but prohibits the individual from
enrolling for a defined period of time, after which the student is eligible to return.
Conditions for readmission may be specified. While prohibited from enrolling, the
student is denied access to University owned or leased grounds, facilities and vehicles
and all University planned, promoted or sponsored activities. In the case where a
student is a member of a student organization, the student is prohibited from attending
the student organization's activities on or off-campus. A hold is placed on the student's
- University Housing Probation – Probation is for a specified period of time and includes the probability of suspension
or expulsion from University Housing if the student is found to be in violation of
University Policy during the probationary period;
- Parental Notification – The Family Educational Rights and Privacy Act (FERPA) permits an institution of
higher education to disclose to parents or legal guardians the results of conduct
hearings if the student is less than 21 years of age and has been found responsible
for violating campus rules regarding the use or possession of alcohol or a controlled
substance. Parents or guardians of students under the age of 21 may be notified of
all violations of University narcotic or other controlled substance policies (Section
4.10) and those alcohol violations (Section 4.11) that result in an assessment for
chemical dependency, residence hall probation or a more severe consequence, as allowed
under FERPA regulations;
- University Housing Suspension – Separation of the student occupancy in University Housing for a defined period
of time, after which the student is eligible to return. Conditions for readmission
may be specified. The student may be denied access to dining facilities connected
to University Housing during the suspension. A permanent conduct record is maintained.
- University Housing Expulsion – Permanent separation of the student from University Housing. The student shall
be permanently denied access to occupancy in University Housing and access to all
University Housing (including dining facilities connected to University Housing).
A permanent conduct record is maintained.
- Suspension – Separation of the student from the University for a defined period of time, after
which the student is eligible to return. Conditions for readmission may be specified.
While on suspension, the student is denied access to University owned or leased grounds,
facilities, equipment, computer networks, vehicles and all University planned, promoted
or sponsored activities. In the case where a student is a member of a student organization,
the student is prohibited from attending the student organization's activities on
or off campus. A "J Hold" (Student Life Hold) is placed on the student's records.
A permanent conduct record is maintained.
- Dismissal – Permanent separation of a student from the University. When dismissed, a student
is denied access to University owned or leased grounds, facilities and vehicles and
all University planned, promoted or sponsored activities. In the case where a student
is a member of a student organization, the student is prohibited from attending any
student organization activity. There is a permanent Student Life (J Hold) hold on
the student's records. A notation is made on the student's permanent academic record
with removal resulting only from action by the chancellor of the campus. A permanent
conduct record is maintained.
- Revocation of Admission and/or Degree – Admission to or a degree awarded from the University may be revoked for fraud,
misrepresentation or other violation of University standards in obtaining admission
or the degree or for other serious violations committed by a student prior to graduation.
- 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 consequences assigned, if any.
- More than one of the consequences listed above may be assigned for any single violation.
- Other than dismissal, Article VII Section 1.n, conduct consequences shall not be made part of the student's permanent academic
record, but shall become part of the student's confidential conduct record, which
will be maintained in a specified area of the dean of student services' office and
shall be subject to the restrictions of the Family Educational Right to Privacy Act
(FERPA). Conduct records are maintained in the Dean of Student Services for seven
(7) years from imposition of the most recent consequence, except in cases where the
consequence is University Housing expulsion, suspension and dismissal. University
Housing expulsion and suspension cases will be kept as a permanent conduct record
but will not be noted on the academic transcript. Cases of dismissal are permanent
and, unlike other conduct records, appear as a notation on the academic transcript.
The Conduct Records Policy is in compliance with the state's Records Retention Schedule.
All conduct records concerning student organizations are maintained permanently for
- Conduct cases that are incomplete, due to factors such as the student's not responding
to conduct charges or not fulfilling an educational consequence remain a conduct record
until required actions are completed by the student. Registration for subsequent terms
or the conferral of academic degrees may be withheld pending the resolution of allegations
of student misconduct.
- In addition to the consequences set forth in Article VII Section 1, the following educational consequences may be imposed upon student groups or organizations
following a finding of responsibility for a conduct violation:
- Revocation of University Recognition – Loss of all privileges, including University
recognition, for a specified period of time. Conditions for recognition may be imposed.
- Dismissal – permanent revocation of University recognition.
- Temporary or Provisional Orders – In addition to the authority granted in Article II Section 3 of this Code, the Dean of Student Services and/or the Coordinator of Student Life
& Development is empowered to impose temporary or provisional orders to preserve the
status quo or to prevent the potential endangerment of persons or property. Such temporary
or provisional orders are not intended to replace the University’s conduct adjudication
process. Generally, such orders should be limited to those circumstances where the
Dean of Student Services and/or the Coordinator of Student Life & Development has
good cause to believe that the student or the student's behavior, poses a threat to
the status quo of the University community or member(s). A student shall receive a
written copy of the order, which specifies the conditions of the order, the duration
of the order, the consequence for violation of the order and how the record of the
order will be maintained.
- A student receiving a temporary or provisional order may seek relief from the Dean
of Student Services. The student shall request relief in writing. Upon review, the
Dean can, affirm the order, amend the conditions of the order, or remove the order.
- Interim Suspension – In certain circumstances, the University may impose a University or University
Housing suspension prior to a hearing before a Hearing Authority or other University
adjudication (e.g. Title IX Grievance Process).
- Interim 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;
- If the student has violated a provisional order put into effect to ensure the safety
and well-being of members of the University community or preservation of University
- If the student poses a threat of disruption of or interference with, the normal operations
of the University.
- Following an individualized safety and risk analysis in which the Dean of Student
Services determines that, based on the allegations of sexual harassment, there is
an immediate threat to the physical health or safety of any student or other individual.
- During the interim suspension, the student shall be denied access to the residence
halls and/or to the campus (including classes) and/or computing and networking facilities
and resources and/or all other University activities or privileges for which the student
might otherwise be eligible, as the dean of student services may determine to be appropriate.
The student should be notified in writing of this action and the reasons for the interim
suspension. The notice should include the date, time and place of a subsequent hearing
at which the student may show cause why the student’s continued presence on the campus
does not constitute a threat or may contest whether a campus policy was violated.
- Violations of University drug and alcohol policies are cumulative over the duration
of a student's tenure at the University and a schedule of minimum consequences will
be assigned. All monetary fines for alcohol and other drug violations go into an alcohol
education account that supports classes, assessments and other educational efforts.
A schedule of fines will be approved annually by the Board of Governors and available
on the University website.
- Use or Possession of Drug Paraphernalia and/or Marijuana:
- First Violation: Participation in a drug education class; fine; Level Two Probation
for a period of one semester; Level One Probation for one semester following Level
Two Probation; and parental notification, as allowed under FERPA regulations.
- Second Violation: Separation from the University for one semester (e.g. suspension,
or denial of privileges to re-enroll) and parental notification, as allowed under
- Use or Possession of a Controlled Substance Other Than Marijuana:
- First Violation: Participation in drug education program; fine; University housing
suspension; Level Two Probation for a period of one year and parental notification,
as allowed under FERPA regulations, additional consequences as deemed appropriate
by the Dean of Student Services.
- Second Violation: Separation from the University for one year (e.g. suspension or
denial of privileges to re-enroll) and parental notification, as allowed under FERPA
- Possession of a Controlled Substance with Intent to Sell or Distribute:
- First Violation: Dismissal from the University.
- Use, Possession or Distribution of Alcohol:
Possession of Alcohol Paraphernalia
- First Violation: Fine; online alcohol educational module and one (1) reflection paper.
- Second Violation: Fine; online alcohol educational module, at least fifteen (15) hours
of approved community service; University Housing probation for one (1) year/ and/or
Level One probation for a period of one (1) semester. Parental notification, as
allowed under FERPA regulations.
- Third Violation: Parental notification, as allowed under FERPA regulations; University
Housing suspension; assessment for chemical dependency; Level Two Probation for a
period of one (1) year and fine.
- Fourth Violation: Separation from the University (e.g. suspension or denial of privileges
to re-enroll) for one semester. Prior to readmittance, the student will be required
to meet with the Dean of Student Services (or designee) to discuss and demonstrate
readiness to be a member of the University community. The student may be asked to
submit documentation of successful substance abuse treatment. Students readmitted
after a Fourth Violation will not be eligible for University Housing.
- First Violation: Warning and removal of paraphernalia item
- Second Violation: Paper and removal of paraphernalia item
- Third Violation: Parental notification, as allowed under FERPA regulations; University
housing probation; and removal of item
- Fourth Violation: University Housing suspension (e.g. suspension or denial of privileges
to re-enroll) for one semester. Prior to re-admittance, the student will be required
to meet with the Dean of Student Services (or designee) to discuss and demonstrate
readiness to be a member of the university community.
- Within five (5) business days of issuing the outcome letter, the Complaining student
or the Respondent may appeal the decision of the Hearing Authority by submitting a
request for appeal to the Dean of Student Services that is signed by the appealing
party, dated and explains the reasons for appeal. Upon receipt of an appeal request,
the Dean of Student Services may choose a designee to review the appeal.
- Except as required to explain the basis of new information, an appeal shall be limited
to review of the verbatim record of the initial hearing and supporting documents for
one or more of the following two (2) bases:
- Procedural Error: To determine whether the original hearing was conducted fairly in
light of the charges and information presented and in conformity with prescribed procedures
giving the complainant a reasonable opportunity to prepare and present information
that the Code was violated and giving the respondent a reasonable opportunity to prepare
and to present a rebuttal of those allegations.
- New Information: To consider new information, sufficient to alter a decision or other
relevant facts not brought out in the original hearing, because such information and/or
facts were not known to the person appealing at the time of the original hearing.
- In the event the one appealing a decision or a consequence wishes to review the verbatim
record of the Hearing, the student may make application to the Dean of Student Services
to do so. The verbatim record will remain in the possession of the University during
the review. Under no circumstances will a copy of the recording be released. The
period for appealing the decision of the Hearing Authority will not be extended for
purposes of reviewing the verbatim record.
- In the event a verbatim recording is not available due to mechanical failure or otherwise,
the absence of the verbatim record shall not, in itself, be cause for appeal. In such
cases the Dean of Student Services and/or Hearing Authority will provide the hearing
record, which will be considered sufficient for review by an appeal authority.
- The Appeal Authority reviewing the appeal may do any of the following:
- Remand the matter to the original Hearing Authority for re-opening of the hearing
to allow consideration of the original determination and/or consequence(s).
- Affirm the finding of responsibility or no responsibility.
- Reverse the finding of responsibility or no responsibility.
- Deny the appeal because it does not fall within the parameters of or comply with the
requirements set forth in this Code.
- In cases where the consequence is either Suspension or Dismissal, the Chancellor of
the West Plains will be designated as the Appellate Authority.
- The student’s right to appeal ends at the Appellate Authority.
Interpretation & Revision
- Any question of interpretation regarding the Code shall be referred to the Dean of
Student Services for final determination, subject to appeal to the Chancellor.
- The Code should be reviewed periodically under the direction of the Dean of Student
Services. In all cases, review of this document should be done by bodies which include
students appointed by the Student Government Association.
- Changes in the Code which are editorial in nature and do not affect the fundamental
nature of the document or are required to insure the code is consistent with state
or federal law, can be made by the Dean of Student Services and become effective upon
approval by the Chancellor of the campus.
- Substantive changes recommended for the Code as a result of the review process shall
be submitted to the Board of Governors for approval and adoption.
Definition of Terms
- For purposes of this Code, the following terms have the following meaning:
"Academic Dishonesty": Any one of the following acts constitutes academic dishonesty:
- Cheating: The term "cheating" refers to using or attempting to use unauthorized materials,
information or study aids in any academic exercise.
- Fabrication: The term "fabrication" refers to unauthorized falsification or invention
of any information (including research data) or any citation in any academic exercise.
- Facilitating academic dishonesty: Assisting or attempting to assist another to violate
any provision of the Academic Integrity Policy, whether or not that action is associated
with any particular course, is considered academic dishonesty.
- Plagiarism: The term "plagiarism" includes, but is not limited to, the use, by paraphrase
or direct quotation, of the published or unpublished work or sections of a work of
another person without full and clear acknowledgement. It also includes the unacknowledged
use of materials prepared by another person or agency engaged in the selling of term
papers or other academic materials, including material taken from or ordered through
- The term “Adjudication” means the process of reaching a determination of responsibility
and consequences under this Code.
- The term "Appeal Authority" or “Appellate Authority” means any person authorized by
the Dean of Student Services to consider an appeal from a Hearing Authority's determination
that a student has violated the Code or from the consequences assigned by the Dean
of Student Services and/or Hearing Authority.
- The term “Business Day” means any day in which University offices are open, regardless
as to whether classes are in session.
- The term "Code" refers to the Code of Student Rights and Responsibilities.
- The term "Complainant" refers to any member of the University community who files
a complaint for charges against a student or student organization.
- For the definition of "Consent" and other terms related to sexual violence, as well
as further explanation of University policy, see the University’s Title IX Sexual Harassment Grievance Procedure Policy.
- The term "consequence" or "educational consequence" refers to the outcomes or terms
that a student must fulfill in the event they are found responsible for policy and/or
- The "Dean of Student Services" is that person designated by the University to be responsible
for the administration of the Code.
- The term "explosive weapons" means any explosive, incendiary or poison gas bomb or
similar device designated or adapted for the purpose of inflicting death, serious
physical injury or substantial property damage or any device designed or adapted for
delivering or shooting such a weapon.
- The term "faculty member" means any person hired by the University to conduct classroom
or other learning/teaching activities.
- The term "firearms" means any weapon that is designed or adapted to expel a projectile
by the action of an explosive.
- The term "Hearing Authority" means any person authorized to determine whether a student
has violated the Code and to recommend educational consequences.
- The terms "may" and "should" are used in the permissive sense.
- The term "member of the University community" includes any person who is a student,
faculty member, University official or any other person employed by the University.
A person's status in a particular situation shall be determined by the dean of student
- The terms "must" and "shall" are used in the imperative sense.
- The term "organization" means any number of persons who have complied with the formal
requirements for University recognition/registration.
- The term "other weapons" is to include, but not be limited to, a blackjack, switchblade
knife, other than an ordinary pocketknife with no blade more than two inches in length,
brass knuckles and projectile weapon such as a bow, crossbow, pellet gun, slingshot
or any other weapon as defined by Missouri law.
- The term "paraphernalia" includes any object that i) contains the residue of alcohol
or of an illegal drug, ii) is manufactured or sold for the consumption of alcoholic
beverages or an illegal drug, or iii) is designed for the rapid consumption of alcohol..
Examples of paraphernalia under this definition include, but are not limited to, a
marijuana pipe or bong, blow tube, a beer bong and empty beer cans, liquor bottles,
or empty case of beer.
- The term "respondent" refers to any student or student organization of the University
community who is alleged to have violated the Code or who is charged with violation
of the Code.
- For purposes of the Code the term "student" includes all persons who have been notified
of their acceptance for admission, and for whom the University maintains education
records or personally identifiable information and who is or who has been in attendance
at the University.
- The term "University" means Missouri State University-West Plains.
- The term "University premises" includes all land, buildings, facilities and other
property in the possession of or owned, used or controlled by the University.
- The term "University official" includes any person employed by the University performing
assigned administrative or professional responsibilities. This term specifically includes
residence hall personnel such as Resident Assistants, Assistant Residence Life Manager,
Residence Life Manager, and Residence Life Operations Assistant.