Policy 3.1 - Student Code of Conduct

BLACK HILLS STATE UNIVERSITY

Policy and Procedure Manual

SUBJECT: Student Code of Conduct

NUMBER: 3:1

Office: Office of Enrollment & Student Affairs

Source: SDBOR Policy 3:4; SDBOR Policy 1:18; SDBOR Policy 2:33; 20 U.S.C. 1681(a)(6)

Purpose

Black Hills State University (BHSU) is committed to creating and maintaining a productive living-and-learning community that fosters the intellectual, personal, cultural, and ethical development of its students. Self-discipline and respect for the rights and privileges of others are essential to the educational process and to good citizenship. The purpose of this policy is to educate students about their civic and social responsibilities as members of the University community. The primary focus of the student conduct process is on educational and corrective outcomes; however, conduct sanctions such as suspension or expulsion from a University may be necessary to uphold community standards and to protect the campus community. Extensive, organized, serious, or repeated violations of this policy are taken into account when determining conduct sanctions. This policy (hereinafter referred to as “Student Code”) implements and is governed by and subject to SDBOR Policy 3:4.

Definitions

Advisor: A person of the student’s choosing who has agreed to advise a student throughout the student conduct process. The advisor may be a faculty member, staff member, student, attorney, family member, or anyone else. The advisor is limited to advising the student directly, and is not permitted to speak to anyone else, or participate directly, in any hearing. Students should choose an advisor who is available to attend any scheduled meetings or hearings because advisor availability is not considered in scheduling meetings or hearings.
Appellate Board: Any person or persons authorized by the institutional president to consider an appeal from the chair’s determination that a respondent has or has not violated the Student Code or from the conduct sanctions imposed by the Student Conduct Officer.
Board Policy: The written policies of the South Dakota Board of Regents contained in the policy manual.
Chair: The Student Conduct Officer or the Dean of Students who:
1. Is a member of the Student Conduct Panel;
2. Is responsible for the proper operation of the hearing; and
3. Has sole discretion to determine whether a respondent has violated the Student Code, and if so, to impose appropriate sanctions.
Complainant: An individual who was allegedly injured by an alleged violation of the Student Code by a respondent.
Day: Monday through Friday, except for holidays and other times when the Institution’s administrative offices are closed.
Faculty Member: Any person hired by the institution to conduct classroom or other academic activities.
FERPA: The Family Educational Rights and Privacy Act of 1974, as amended.
Human Rights Violations: Violence, harassment, stalking, , discrimination, and retaliation under this Student Code not constituting sexual harassment as defined by section 3.b.iv.6. below.
Institution: Black Hills State University and all institutional premises.
Institutional Official: Any person employed by the institution, performing assigned administrative or professional responsibilities.
Institutional Premises: All land, buildings, facilities, and other property in the possession of, or owned, used, or controlled by, the Institution, including adjacent streets and sidewalks.
Member of the Institutional Community: Any person who is a student, faculty member, institutional official, any person employed by the institution, a volunteer, or guest. A person’s status in a particular situation shall be determined by the senior Dean of Students.
Notice: Notice required by this Student Code shall be provided in writing via email to the student’s official institutional email account. Notice is deemed received the day after it is sent by email.
Organization: Any student group that has been granted institutional registration or recognition.
Policy: The written regulations of the institution as found in, but not limited to, this Student Code, the Residence Life Handbook, the Graduate and Undergraduate Catalogs, and other official publications.
Reasonable Person: A reasonable person under similar circumstances and with similar identities as the complainant.
Respondent: A student or organization that is alleged to have violated the Student Code.
Dean of Students: That institutional official exercising primary authority over related student conduct, programs and operations, or designee.
Student: All persons taking courses from the institution, both full-time and part- time, enrolled in undergraduate, graduate, professional or special topic courses, whether credit- bearing or not.
Student Code: The Student Code of Conduct contained in Board Policy 3:4.
Student Conduct Panel: The panel that hears formal hearings.
1. This panel can take the following forms:
  1. Option 1 – only the Student Conduct Officer;
  2. Option 2 – the Student Conduct Officer and any institutional employee or employees or independent contractor authorized by the Dean of Students to determine whether a student has violated the Student Code and to recommend imposition of conduct sanctions;
  3. For matters involving allegations of academic misconduct, the student conduct panel must include at least one faculty member or academic administrator appointed by the Provost in the form described in Option 2 above.
Student Conduct Officer: Any institutional official authorized by the Dean of Students to:
1. Informally resolve an allegation by determining the facts and, if a violation is found, imposing a conduct sanction without the assistance of a Student Conduct Panel; OR
2. Serve as chair of the Student Conduct Panel;
3. Receive and consider the findings and recommendations of a Student Conduct Panel; and
4. Determine whether a respondent has violated the Student Code, and if so, to impose appropriate sanctions.

Policy

Introduction: BHSU is committed to creating and maintaining a productive living-and-learning community that fosters the intellectual, personal, cultural, and ethical development of its students. Self-discipline and respect for the rights and privileges of others are essential to the educational process and to good citizenship.
1. Purpose of the Student Code of Conduct: The purpose of the Student Code is to educate students about their civic and social responsibilities as members of the institutional community. The primary focus of the student conduct process is on educational and corrective outcomes; however, conduct sanctions such as suspension or expulsion from BHSU may be necessary to uphold community standards and to protect the campus community. Extensive, organized, serious, or repeated violations of this Student Code are taken into account when determining conduct sanctions.
2. Standards of Behavior:
  1. Attendance at BHSU is optional and voluntary. When students enroll at BHSU, they voluntarily accept obligations of performance and behavior that are consistent with the institution’s lawful mission, processes, and functions. In general, these obligations are considered much higher than the obligations imposed by civil and criminal law for all citizens.
  2. By enrolling at BHSU, students voluntarily accept responsibility for compliance with all Board of Regents and University policies, including but not limited to this Student Code.
3. Authority of BHSU over its Students and Organizations
  1. Student conduct proceedings may be initiated in response to conduct prohibited by the Student Code:
    1. That occurs on institutional premises.
    2. That occurs at events officially sponsored by BHSU.
    3. That arises out of membership in the institutional community or
    4. That occurs elsewhere and that adversely affects BHSU, any organizations, members or the BHSU community, or the pursuit of their lawful objectives.
  2. Notwithstanding this Student Code, an institution reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. BHSU also reserves the right to extend any deadline contained in this Student Code for good cause with written notice to the parties of the delay and the reason for the delay.
  3. For purposes of the Student Code, the default authority over the student for student conduct purposes will be determined as follows:
    1. For alleged misconduct that occurs on institutional premises, the institution where the alleged misconduct occurred;
    2. For alleged misconduct that occurs at events officially sponsored by an institution, the institution that sponsored the event;
    3. For alleged misconduct that occurs elsewhere and that adversely affects BHSU, the institution adversely affected;
    4. For alleged instances of academic misconduct, the institution that offered the course.
  4. For instances where multiple Institutions have a reasonable claim to authority over the student for student conduct purposes, the Dean of Students shall represent BHSU in establishing reasonable claim to authority and shall determine the appropriate institution to proceed with the student conduct process. The decision should consider the location of the alleged incident, complainant, respondent, witnesses, and the practicality of conducting the student conduct process at the different Institutions having a reasonable claim to authority. If the Dean of Students and other campus representative cannot agree, the System Director of Student Affairs will make a final decision.
  5. Where students are also employees, they may be subject to concurrent authority. Student conduct proceedings under this Student Code may be initiated irrespective of any action taken by an institutional employer. However, when the student employee has been subject to conduct proceedings as an employee, the findings that resulted from such proceedings will be considered in the student conduct process as long as the standard used in such proceedings was preponderance of the evidence or higher.
4. Alcohol Amnesty: This section aims to remove the barriers that may prevent any student from seeking emergency medical attention by providing an opportunity for BHSU to intervene in a caring and non-punitive manner. The goal is to reduce the potential risk of alcohol-related injuries or deaths and increase the likelihood that students will seek medical attention in crisis situations.
  1. A student who seeks emergency medical attention (or who has emergency medical attention sought on his/her behalf) for alcohol-related consumption, will not be sanctioned for violating alcohol consumption prohibitions found in the Student Code related to that incident, as long as the student completes the following requirements:
    1. Participates in an initial meeting with the Dean of Students; and
    2. Completes all recommendations from the Dean of Students; and
    3. Submits proof of completion of all recommendations, within the time frame designated by the BHSU Dean of Students.
  2. A bystander student who has engaged in alcohol consumption and who seeks emergency medical attention for someone else or tries to actively engage in assistance for someone else for that person’s alcohol-related consumption, will not be sanctioned for violating alcohol consumption prohibitions found in the Student Code related to his/her own consumption but will be invited to meet with the Dean of Students.
  3. The institution will not pursue any disciplinary action related to any alcohol or drug consumption against any student who has been sexually assaulted or sexually harassed, for his/her use of alcohol or drugs at the time of the sexual assault or sexual harassment.
  4. Subsections 3.a.iv.1 and 3.a.iv.2 of this section will only apply to a student who seeks emergency medical attention before police or institutional employees or agents take any official action or intervention related to the alcohol consumption.
  5. Alcohol amnesty does not preclude disciplinary action regarding other violations of the Student Code.
  6. Alcohol amnesty only applies to the institution’s student conduct process. It does not apply to any criminal, civil or other legal consequence for violations under federal, state or local law.
  7. Alcohol amnesty is not designed to protect or shield those students who repeatedly violate the Student Code. The Dean of Students may assess each situation on a case-by-case basis, denying the safeguards of alcohol amnesty if serious or repeated incidents prompt a higher degree of concern or response, which may include disciplinary action under this Student Code.
5. Relationship Between the Student Conduct Process and the Criminal Law Process
  1. The student conduct process is independent of any criminal or civil process. Therefore, a student alleged to have engaged in conduct that would be a violation of this Student Code (whether such conduct could also be a violation of criminal or civil law) may face student disciplinary action regardless of any criminal or civil process or their outcomes.
  2. When the alleged misconduct includes allegations of Human Rights Violations, the disciplinary process will not be delayed except when law enforcement requests a delay to conduct the fact-finding portion of its investigation.
  3. Determinations made or conduct sanctions imposed under this Student Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of this Student Code were dismissed, reduced, or resolved in favor of, or against, the criminal law defendant.
  4. When a student is charged by federal, state, or local authorities with a violation of law, BHSU will not request or agree to special consideration for that student because of his or her status as a student.
  5. If the alleged violation of law also gives rise to student disciplinary action under this Student Code, BHSU may advise off-campus authorities of the existence of the Student Code and of how such matters are typically handled under the Student Code.
  6. BHSU will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law and in the conditions imposed by criminal courts for the rehabilitation of student violators provided that the conditions do not conflict with any conduct sanctions imposed as a result of the student conduct process, this Student Code, or BHSU policies.
  7. Where the student has been found guilty in a court of law or has declined to contest such charges, although not actually admitting guilt (e.g., “no contest” or “nolo contendere”), the alleged facts that formed the basis of the criminal charges shall be deemed established for purposes of any student conduct process.
  8. Individual students and other members of the institutional community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
  9. When an employee of the institution knows that a felony was committed, and that knowledge is not privileged, such employee shall report the known facts and circumstances to law enforcement officials who have jurisdiction over the matter.
6. Interpretation and Revision
  1. No provision of this Student Code shall be interpreted to deprive students of rights guaranteed them under state or federal law.
  2. BHSU shall ensure that institutional interests do not interfere with the impartiality of the student conduct process.
  3. Any question of interpretation regarding the Student Code shall be referred to the Dean of Students for final determination.
  4. The Student Code should be reviewed periodically under the direction of the Dean of Students and VP for Academic Affairs.
    1. If the review leads to a recommendation that policy be modified, that recommendation and its supporting rationale shall be provided to the BHSU President.
Prohibited Conduct: The following list describes actions that detract from the effectiveness of BHSU’s productive living-and-learning community. Any student found to have engaged, attempted to engage, or allowed or assisted another in engaging, in the following prohibited conduct is subject to the student conduct process and conduct sanctions outlined in this Student Code. In instances where prohibited conduct contained in this policy is defined differently in another Board policy or BHSU policy, the definition contained in this policy shall be used to address prohibited conduct by a student.
1. Acts of Academic Misconduct or Dishonesty: Honesty and integrity are core values of BHSU. Faculty members and students are jointly responsible for maintaining academic standards and integrity in University courses. In addition to any conduct sanctions imposed under this Student Code, academic consequences for academic misconduct may be imposed by the faculty member, including issuing a failing grade in the course. Any grade issued by the faculty member, whether as a result of academic misconduct or not, constitutes an academic evaluation and is not a conduct sanction imposed under this Student Code. All faculty members should report incidents of academic misconduct to the Dean of Students.
  1. Engaging in Acts of Academic Misconduct, which means Cheating or Plagiarism.
    1. Cheating includes, but is not limited to, the following:
      1. Using any unauthorized assistance in, or having unauthorized materials while, taking quizzes, tests, examinations or other assignments, including copying from another’s quiz, test, examination, or other assignment or allowing another to copy from one’s own quiz, test, examination, or other assignment;
      2. Using sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments;
      3. Acquiring, without permission, tests or other academic material belonging to the instructor or another member of the institutional faculty or staff;
      4. Engaging in any behavior prohibited by the instructor in the course syllabus or in class discussion;
      5. Falsifying or misrepresenting data or results from a laboratory or experiment; or
      6. Engaging in other behavior that a reasonable person would consider to be cheating.
    2. Plagiarism includes, but is not limited to, the following:
      1. Using, by paraphrase or direct quotation, the published or unpublished work of another person without full and clear acknowledgment;
      2. Using materials prepared by another person or agency engaged in the selling of term papers or other academic materials without prior authorization by the instructor; or
      3. Engaging in other behavior that a reasonable person would consider plagiarism.
  2. Engaging in other conduct that a reasonable person would consider dishonesty relating to academic achievement, research results or academically related public service.
  3. Furnishing false information or false representations to any institutional official, instructor, or office. Submission of false information or withholding information at the time of admission or readmission may make an individual ineligible for admission to, or continuation at, BHSU.
  4. Forging, fabricating, altering, misrepresenting, or misusing any document, record, or identification, including misrepresentations of degrees awarded or honors received.
  5. Tampering with the election of any organization.
  6. Claiming to represent, or act on behalf of, BHSU when not authorized to do so.
2. Disruption, Obstruction, or Interference with Institutional Activities
  1. Disrupting or obstructing institutional activities.
  2. Classroom disruption, which is behavior that a reasonable person would view as significantly or repeatedly interfering with the instructor’s ability to teach the class or the ability of other students to benefit from the instructional program.
  3. Failure to comply with directions of institutional, law enforcement, fire department, public safety contractors, or other government officials acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
  4. Obstruction of the free flow of pedestrian or vehicular traffic.
  5. Abuse of the student conduct process, which includes, but is not limited to, any of the following:
    1. Falsifying, distorting, or misrepresenting information provided;
    2. Making false allegations;
    3. Attempting to discourage an individual’s proper participation in, or use of, the student conduct process;
    4. Harassment (verbal or physical) or intimidation of any person participating in the student conduct process;
    5. Failure to comply with any conduct sanctions imposed pursuant to this Student Code
3. Misuse of Institutional Resources or Property, or Personal Property of Others
  1. Tampering with fire and life safety equipment including, without limitation, fire alarms, sprinkler systems, first aid equipment, and laboratory safety apparatus.
  2. Unauthorized taking of, damage to, or possession of property belonging to the University, another member of the institutional community, or another person.
  3. Unauthorized possession, duplication, or use of keys, access cards, or access codes to any institutional premises.
  4. Unauthorized entry into, or use of, institutional premises.
  5. Unauthorized possession, entry into, or use of BHSU equipment, software systems, or information.
  6. Possession of firearms, stun guns, tasers, BB guns, switchblade knives, fixed- blade knives with a blade length of five (5) inches or greater, or any item that is designed or used to injure or harm another person, fireworks, explosives, or dangerous chemicals on institutional premises or at institutional events, except as explicitly permitted by a Board Policy or a BHSU Policy;
  7. Unauthorized use or abuse of technology, including, but not limited to:
    1. Unauthorized entry into a file or program to use, copy, read, delete, or change the contents, or for any other purpose;
    2. Unauthorized transfer of a file;
    3. Unauthorized use of another individual’s identification or account;
    4. Use of technology to interfere with the work of another student, faculty member, or institutional official;
    5. Use of BHSU’s technology to engage in harassment.
    6. Use of technology to engage in unlawful activities, including those involving uses that infringe intellectual property rights;
    7. Use of technology to interfere with normal operation of BHSU’s technology or other systems;
    8. Making, acquiring, or using unauthorized copies of computer files, violating terms of applicable software license agreements, or using BHSU’s technology network or system to download files in violation of copyright laws;
    9. Attempting to circumvent data protection schemes or tampering with security;
    10. Violating BHSU or Board computer use or internet policies.
4. Threat of Harm or Actual Harm to a Person’s Physical or Mental Health or Safety
  1. Violence, which includes, but is not limited to, using or threatening to use physical force on or towards another person without that person’s permission, except in reasonable self-defense. The use of physical force includes both using one’s own body parts as well as using other items.
  2. Brandishing, pointing, or using a knife, gun, or other weapon towards another person, except in reasonable self-defense.
  3. Restraining or transporting another person without that person’s permission.
  4. Making bomb threats.
  5. Harassment, which includes, but is not limited to: Conduct towards another person that is so severe pervasive, and objectively offensive that it effectively denies the individual’s ability to participate in or to realize the intended benefits of a BHSU activity or resource; and
  6. Sexual Harassment, which is conduct on the basis of sex that satisfies one or more of the following:
    1. An employee of BHSU conditioning the provision of education benefits on participation in unwelcome sexual conduct (i.e., quid pro quo); or
    2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to BHSU’s education program or activity; or
  7. Sexual assault (as defined by the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA), the definitions of which are set forth in BOR Policy 1:17.1.Stalking, which is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress.
    1. “Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
    2. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling
  8. Hazing, which includes, but is not limited to, an act that, as an explicit or implicit condition for initiation to, admission into, affiliation with, or as a condition for continued membership in a group or an organization:
    1. Is likely to, or would be perceived by a reasonable person as likely to, endanger the physical health of an individual or cause psychological discomfort or distress through treatment that a reasonable person would consider to be humiliating, intimidating, or demeaning;
    2. Destroys or removes public or private property;
    3. Involves the consumption of alcohol or other substances to excess; or
    4. Violates any Board Policy or BHSU policy.
    5. The express or implied permission of the individual being hazed does not make the behavior acceptable. It is also a violation of this provision to solicit, aid, or attempt to aid another person in planning or committing hazing.
  9. Voyeurism includes, but is not limited to, any use of electronic or other devices to make an audio, video, or photographic record of another person without that person’s prior knowledge and without that person’s prior authorization when such a recording is likely to cause that person or a reasonable person injury or distress or involves that person’s intimate parts or sexual conduct involving that person.
  10. Invasion of privacy occurs when:
    1. An individual views another person, without that person’s prior knowledge and permission, under circumstances in which the other person has a reasonable expectation of privacy; or
    2. An individual uses arecording device to record another person, without that person’s prior knowledge and permission, under circumstances in which the other person has a reasonable expectation of privacy.
5. Discrimination and Retaliation
  1. Discrimination is excluding from, or treating another person differently than others in, activities on the basis of sex, race, color, creed, religion, national origin, ancestry, gender, gender identity, transgender, sexual orientation, age, disability, genetic information, or veteran status. However, social fraternities and sororities that are exempt from taxation under federal law may maintain single-sex membership practices without violating antidiscrimination policies, as recognized by 20 U.S.C. 1681(a)(6), and the enforcement of such single-sex membership practices by students does not violate this provision.
  2. Retaliation is conduct that would make a reasonable person feel intimidated, or that interferes with, threatens, coerces, or otherwise discriminates against any individual because that individual reports or files a complaint alleging a violation of law, Board policy, or BHSU policy, or participates in any process in which the individual has a right to participate.
6. Housing and Living Groups: Violations of any rules imposed by institutional housing or living groups are also violations of this Student Code.
7. Use and Misuse of Substances
  1. The unauthorized manufacture, sale, possession, use, or consumption of controlled substances by students.
  2. However, possession, use, or distribution of controlled substances is permitted on premises controlled by the Board of Regents when:
    1. Needed in conjunction with approved research activities;
    2. Alcohol is possessed, used, or distributed in a lawful manner inside a designated residence hall facility occupied exclusively by upper-division and/or non- traditional students who are at least twenty-one (21) years of age;
    3. Alcohol is possessed, used, or distributed in a lawful manner on premises controlled by the Board of Regents that have been designated by BHSU’s President as places where such possession, use, and distribution may be permitted, subject to such conditions as the President may also prescribe, provided that a notice of such designation and conditions have been filed previously with the Executive Director of the Board of Regents; or
    4. The possession, use, or distribution of the controlled substance is prescribed by a licensed health care professional authorized to prescribe such substances.
    5. Alcohol is possessed, used, or distributed in a manner that is expressly approved by a Board Policy.
  3. The unauthorized possession of any drug paraphernalia.
8. Violation of Policy or Laws
  1. Violation of published Board of Regents or BHSU policies, rules, or regulations.
  2. Violation of federal, state, or local law.
9. RESERVED
10. Conduct by Organizations
  1. Organizations that, formally or informally through repeated practice, initiate, encourage, support, or tolerate conduct by members, associates, or invitees that violates the provisions of this Student Code shall be subject to conduct sanctions.
  2. The privileges of official recognition by BHSU may be extended to organizations, including those that maintain residences for their members, only if such organizations agree to adopt and to enforce policies that, at minimum:
    1. Prohibit the manufacture, possession, use, dispensing, or provisions of alcoholic beverages at organizational functions or in the organizational residence by persons under the age of 21 (or the legal age of use and possession in the applicable jurisdiction);
    2. Prohibit the manufacture, possession, use, or dispensing of unauthorized controlled substances at organizational functions or in the organizational residence;
    3. Prohibit the expenditure of organizational funds on alcoholic beveragesor controlled substances;
    4. Prohibit the informal collection of monies from members, associates, or invitees to be spent on alcoholic beverages or controlled substances;
    5. Prohibit the possession, use, or distribution of alcohol or controlled substances on premises controlled by the Board of Regents, except as explicitly permitted by Section 3.b.vii.2 of this Student Code;
    6. Establish conduct policies and sanctions regarding violations by individual members no less stringent than those set forth under Board policies, except that limited use of alcoholic beverages is permissible as set out above; and
    7. Require that a report be filed with the Dean of Students each semester identifying all actions taken pursuant to the student conduct policies required in this Student Code;
11. BHSU may impose additional or more restrictive conditions on official recognition.
12. Organizations are also subject to the Board of Regents’ antidiscrimination policies set forth in SDBOR Policy 1:18. However, social fraternities and sororities that are exempt from taxation under federal law may maintain single-sex membership practices without violating antidiscrimination policies, as recognized by 20 U.S.C. 1681(a)(6).
Student Conduct Process
1. Allegations of Sexual Harassment
  1. Allegation of sexual harassment against a student shall be addressed exclusively through BOR Policy 1:17
  2. Allegations other than Sexual Harassment
    1. All allegations other than sexual harassment against a student shall be address as set forth herein. Allegations of misconduct may be reported against any student by anyone. Allegations shall be directed to the Dean of Students. The reporting party will disclose the facts that form the basis for the allegation, the identities of any other witnesses, and any other relevant information regarding the alleged misconduct.
    2. Allegations of academic misconduct will be reported to the Dean of Students but are initially addressed through SDBOR Policy 2:33.
    3. Allegations of human rights violations shall follow the process outlined in SDBOR Policy 1:18.
      1. The investigator assigned must not have any actual or reasonably perceived conflicts of interest and biases for or against any party involved in the initial complaint. If the institution determines that an actual or reasonably perceived conflict of interest does exist, another individual must lead the investigation on behalf of the institution.
      2. The investigator assigned must be trained to analyze and document the available evidence to support reliable decisions, objectively evaluate the credibility of parties and witnesses, synthesize all available evidence, including both evidence that tends to suggest a violation and evidence that tends to suggest no violation, and take into account the unique and complex circumstances of each case.
      3. The investigator assigned should avoid using any investigative techniques or approaches that apply sex stereotypes or generalizations.
      4. Each party should be provided written notice in advance of any interview or hearing with sufficient time to prepare for meaningful participation.
      5. The investigation should result in a written report summarizing the relevant evidence that tends to suggest a violation and evidence that tends to suggest no violation.
      6. The investigator assigned must make findings of fact and conclusions as to whether the facts support a human rights violation.
  3. The Dean of Students shall make an initial determination whether the allegations, if true, would violate the Student Code. If the Dean of Students determines that the allegations, if true, would violate the Student Code, the Dean shall conduct a pre- investigation inquiry to determine whether the allegations are credible. This process may include speaking with witnesses and reviewing any documentation.
    1. The Dean of Students must not have any actual or reasonably perceived conflicts of interest and biases for or against any party involved in the initial complaint. If BHSU determines that an actual or reasonably perceived conflict of interest does exist, another individual must lead the investigation on behalf of the institution.
    2. As to off-campus conduct, the Dean of Students shall determine whether the incident adversely affects BHSU, any organizations, members of the institutional community, or the pursuit of their lawful objectives.
    3. Allegations of academic misconduct that are not informally resolved pursuant to SDBOR Policy 2.33 will enter the student conduct process here.
    4. Allegations of human rights violations that are not informally resolved pursuant to SDBOR Policy 1.18 will enter the student conduct process here.
  4. If the Dean of Students determines that either (i) the allegations, if true, would not violate the Student Code or (ii) that the allegations are not credible, then the Dean should inform the complainant of this determination and inform the complainant that the allegations may be re-submitted should additional information become available.
  5. If the Dean of Students determines that the allegations, if true, would violate the Student Code and determines that the allegations are credible and will be investigated, the Dean shall provide written notice to the respondent within fifteen (15) days of receiving the report of alleged misconduct or notification from the faculty member of the need to address alleged academic misconduct through the Student Code.
  6. The written notice to the respondent must include the following:
    1. The alleged behavior that would be a violation of the Student Code;
    2. The date and location of the alleged behavior;
    3. The section(s) of the Student Code alleged to have been violated;
    4. The name of the complainant;
    5. A time to meet with the Dean of Students to provide the respondent with the opportunity to give his/her account of the incident leading to the allegation of misconduct;
    6. Information about the right to have an advisor present throughout the student conduct process;
    7. Information about both the informal and formal resolution processes;
    8. A time for a hearing to occur no earlier than ten (10), and no later than 20 days after this written notice is deemed received to address any alleged violations that are not informally resolved;
      1. The minimum time limit may be waived by the respondent.
      2. The maximum time limit may be extended at the discretion of the Dean of Students.
  7. At the time that the written notice to the respondent is sent, a written notice shall also be sent to the complainant containing information about the right to have an advisor present throughout the student conduct process, information about both the informal and formal resolution processes, and the time for the hearing to address any alleged violations that are not informally resolved.
  8. The Dean of Students will conduct an investigation of the allegations, which may include speaking with witnesses and reviewing any documentation. Only in instances where the Dean determines that there is sufficient evidence to establish that the respondent violated the Student Code by a preponderance of the evidence will the allegations proceed to informal or formal resolution.
    1. For matters involving human rights violations where an investigation was conducted pursuant to SDBOR Policy 1:18, no additional investigation is required.
    2. If the Dean of Students determines that there is insufficient evidence to establish that the respondent violated the Student Code by a preponderance of the evidence, the Dean will inform both parties of this fact and will cancel the hearing. This notification should also inform that parties that the investigation may be re-opened should additional information become available.
2. Interim Measures: In certain circumstances, the Dean of Students, or a designee, may impose interim measures that go into effect immediately, prior to a hearing before a Student Conduct Panel, and remain in effect until no longer needed.
  1. Interim measures are intended to protect the interests of both the complainant and the respondent prior to a hearing. Interim measures may include, but are not limited to, no-contact directives, residence modifications, academic modifications and support, institutional work schedule modifications, interim residence suspension, or interim suspension. Interim measures that restrict the ability of either party to discuss the investigation should be avoided, as they may inhibit the ability of either party to obtain and present evidence or otherwise to defend their interests. Written notice of interim measures shall be provided to the party to whom the interim measures are directed.
    1. In circumstances involving allegations of stalking, interim measures must be provided upon the request of a complainant if such measures are reasonably available.
    2. In fairly assessing the need for a party to receive interim measures, the Dean of Students, or a designee, may not rely on fixed rules or operating assumptions that favor one party over another, nor make such measures available only to one party.
    3. Interim measures should be individualized and appropriate based on the information gathered by the institution, making every effort to avoid depriving any student of his/her education.
    4. The interim measures needed by each student may change over time, and the Dean of Students, or a designee, should communicate with each student throughout the student conduct process to ensure that any interim measures are necessary and effective based on each student’s evolving needs.
  2. Interim suspension may be imposed only for one or more of the following purposes:
    1. To ensure the safety and well-being of members of the institutional community or preservation of institutional property or other property located on premises controlled by the institution;
    2. To ensure a student’s own physical or emotional safety and well-being; or
    3. To ensure the normal operations of BHSU where a student poses an ongoing threat of disruption, or interference with, the normal operations of the institution.
  3. During the interim suspension, the student may be denied access to residence facilities, the campus (including classes), and all other BHSU activities or privileges.
  4. A student placed on interim suspension shall be given written notice of interim measures, which shall include:
    1. The reasons for the interim suspension;
    2. The parameters of the interim suspension; and
    3. Information concerning the right to appeal the interim suspension.
  5. Interim Suspension Appeal Process
    1. The student must submit a written request for a meeting to the Dean of Students.
    2. The Dean of Students will schedule a meeting with the student as soon as practical and no later than three (3) days after receiving the written request. At this meeting, the student is provided the opportunity to raise any objections to the interim suspension or to request alternative interim measures.
    3. The Dean of Students has sole discretion regarding interim measures.
3. Informal Resolution
  1. The Dean of Students may speak separately and individually with the complainant and the respondent to determine whether the alleged misconduct can be resolved through informal resolution.
    1. In matters involving allegations of human rights violations, informal resolution may not take the form of having the complainant and the respondent be in the same room at the same time, unless both parties agree in writing.
    2. In matters involving allegations of human rights violations, the Dean of Students should consider whether the informal resolution is equitable and will end the misconduct, prevent its recurrence, and address its effects.
  2. Informal resolution may be reached where:
    1. The parties involved mutually agree to a full resolution of the alleged misconduct that is acceptable to the Dean of Students.
      1. This must be documented in writing and signed by the complainant, respondent, and Dean of Students.
    2. The respondent waives a formal hearing by admitting to the misconduct and accepting the proposed conduct sanctions.
      1. This must be documented in writing and signed by the respondent and the Dean of Students.
      2. This type of informal resolution is not available in matters involving allegations of human rights violations.
  3. Partial informal resolution may be reached where the respondent admits to the misconduct but does not accept the proposed conduct sanctions. When this occurs, the process moves to formal resolution with the hearing being limited to the question of appropriate conduct sanctions.
    1. This must be documented in writing and signed by the respondent and the Dean of Students.
    2. In matters involving allegations of human rights violations, the complainant must also agree in writing to this partial informal resolution.
  4. Informal resolution shall be final and the parties who agreed in writing to informal resolution waive any right to appeal otherwise available under SDBOR Policy 3:4.
  5. The Dean of Students’ involvement in attempting to informally resolve the allegation of misconduct does not impact the Dean’s ability to later serve as the Student Conduct Panel or a member thereof in the formal resolution process.
  6. Informal resolution may be reached at any time before the chair issues any findings, conclusions, and, when a violation is found, conduct sanctions it determines to be appropriate through the formal resolution process.
    1. If an informal resolution is reached, the Dean of Students shall prepare written findings and conclusions, and any sanctions resulting from a violation during the informal resolution process. If the complaint included more than one allegation of misconduct, each allegation must have a separate decision.
4. Formal Resolution
  1. If the alleged misconduct is not fully resolved through informal resolution, any unresolved matter proceeds to a hearing.
  2. The composition of the Student Conduct Panel shall be determined as follows:
    1. For matters where the Dean of Students serves as Chair of the Student Conduct Panel, the Dean shall have sole discretion regarding whether the Student Conduct Panel includes:
      1. Option 1 – only the Dean of Students; or
      2. Option 2 – the Dean and any institutional employee or employees or independent contractor authorized by the Dean of Students to determine whether a student has violated the Student Code and to recommend imposition of conduct sanctions,
    2. For matters involving allegations of academic misconduct, the Student Conduct Panel must include at least one faculty member or academic administrator appointed by the Provost in the form described in Option 2 above.
    3. Both the complainant and the respondent will be provided notice of the identity of the member(s) of the Student Conduct Panel. Both parties may request in writing (and must include supporting information) that (i) the Student Conduct Panel include additional members (Option 2), and/or (ii) a Student Conduct Panel member be replaced due to an actual or reasonably perceived conflict of interest. Such requests must be submitted, in writing to the Dean of Students no later than 24-hours after the notice is provided to the party. The Dean of Students shall make a final decision as to these requests and will provide notice to both parties of the decision.
  3. Hearings shall be conducted by a Student Conduct Panel according to the following guidelines:
    1. Hearings shall be conducted in private. Witnesses other than the complainant and the respondent may only be present during the hearing while presenting their information.
    2. The Chair shall have sole discretion and final decision-making authority over the following:
      1. Whether an individual’s conduct interferes with the hearing and requires that individual’s removal;
      2. Whether written information, materials, documents, and statements submitted are relevant and will be accepted for consideration by the Student Conduct Panel;
      3. All questions about the interpretation of the student conduct process; and
      4. Whether to have separate or joint hearings when a hearing would involve more than one respondent;
  4. Neither the complainant nor the respondent is required to attend or participate in the hearing, and such decision will have no bearing on the question of whether the respondent violated the Student Code.
  5. The respondent has no obligation to provide any information, materials, documents, or witnesses, or answer any questions and is presumed to not have violated the Student Code. The burden is on BHSU to gather sufficient evidence to reach a fair, impartial determination as to whether the alleged violation of the Student Code occurred.
  6. If the complainant or respondent wants the Student Conduct Panel to review any materials or documents or wants to present any witnesses at the hearing, such materials and documents and/or witness lists must be submitted to the Chair by the following deadlines in order to be considered:
    1. In matters alleging human rights violations, all materials and documents and/or witness lists must be submitted at least seventy-two (72) hours before the hearing. Additionally, a copy of the final report prepared by the EEO Coordinator will be provided to the complainant, respondent, and the Student Conduct Panel members.
    2. For all other matters, all materials and documents and/or witness lists must be submitted at least twenty-four (24) hours before the hearing. The Chair will promptly provide the other party and the Student Conduct Panel members a copy of any materials, documents, and witness lists submitted.
  7. The complainant and the respondent have the right to be assisted by an advisor of their choice, at their own expense. Ordinarily, no more than two advisors for each student shall be permitted. The advisor is limited to advising the student directly, and is not permitted to speak to anyone else, or participate directly, in any hearing.
  8. The Dean of Students shall record the audio of the hearing.
  9. Generally, the hearing will be conducted in the following order:
    1. The Chair will ask each individual present at the hearing to identify him/herself by providing his/her name and role at the hearing (e.g., complainant, respondent, member of the Student Conduct Panel, etc.).
    2. The Chair will remind the respondent:
      1. Of the materials that the Student Conduct Panel received prior to the hearing;
      2. Of the right to have an advisor present;
      3. Of the right to refuse to speak as a witness against him/herself;
      4. That the refusal to speak as a witness against him/herself will have no bearing on the question of whether the respondent violated the Student Code;
      5. Of the alleged behavior that would be a violation of the Student Code; and
      6. Of the section(s) of the Student Code alleged to have been violated.
    3. The Chair will provide the complainant with the opportunity to engage in the hearing. If the complainant agrees to engage, then:
      1. The Chair will provide the complainant the opportunity to provide any additional relevant factual details that were not previously provided. The complainant may choose to do so or may decline and maintain the right to not provide information, materials, documents, or answer questions. The complainant may decline but still present witnesses.
      2. The Chair will ask the complainant to present any witnesses, who will be brought to the hearing one at a time and ask questions of the witness.
      3. The Student Conduct Panel will then ask questions of the witness.
      4. The Chair will ask the respondent for any questions for the witness. The respondent will provide the Chair any questions in writing.
      5. The Chair will ask the witness any questions provided by the respondent that the Chair determines to be relevant.
      6. The Chair will ask the complainant to present the next witness. The process described above shall repeat for each witness until the complainant has presented all of their witnesses.
    4. The Chair will provide the respondent the opportunity to engage in the hearing. If the respondent agrees to engage, then:
      1. The Chair will provide the respondent the opportunity to provide any additional relevant factual details that were not previously provided. The respondent may choose to do so or may decline and maintain the right to not provide information, materials, documents, or answer questions. The respondent may decline but still present witnesses.
      2. The Chair will ask the respondent to present any witnesses, who will be brought to the hearing one at a time and ask questions of the witness.
      3. The Student Conduct Panel will then ask questions of the witness.
      4. The Chair will ask the complainant for any questions for the witness. The complainant will provide the Chair any questions in writing.
      5. The Chair will ask the witness any questions provided by the complainant that the Chair determines to be relevant.
      6. The Chair will ask the respondent to present the next witness. The process described above shall repeat for each witness until the respondent has presented all of their witnesses.
    5. The Student Conduct Panel may ask the complainant and/or the respondent whether they agree to answer questions. The Student Conduct Panel may then ask questions of either or both parties who agree to answer questions.
    6. The Student Conduct Panel will meet in a closed session to discuss and make its recommendation, which closed session shall not be recorded.
  10. The Student Conduct Panel shall review all information and materials presented to it and shall decide by majority vote whether the respondent violated the Student Code by a preponderance of the evidence (i.e., more likely than not). Decision-making techniques or approaches that apply sex stereotypes or generalizations should be avoided so that the hearing process proceeds objectively and impartially.
  11. The Student Conduct Panel shall prepare written findings to support its determination. If multiple allegations of misconduct exist, a decision should be reached separately for each allegation. These written findings shall include:
    1. Concise statements of each factual finding;
    2. Brief explanations of whether and why the factual findings support a conclusion that the conduct either violated or did not violate the Student Code;
      1. These must address each factual element that must be satisfied to establish that conduct has violated the Student Code.
    3. Any initial, interim, or final decisions by BHSU; and
    4. If a violation is found, recommendations of appropriate conduct sanctions and supporting rationale for the conduct sanctions.
  12. The Student Conduct Panel shall forward its written findings to the Chair. The Chair has sole discretion to adopt or reject any portion of the written findings.
    1. If any portion of the written findings are rejected, the Chair shall issue new written findings it determines to be appropriate for such portion(s) and will provide the Student Conduct Panel with an explanation for its decision.
    2. The Chair shall determine the effective date of any conduct sanctions imposed, which effective date should be on or after the exhaustion of the appeal as a matter of right. However, interim measures may remain in place, or be instituted, until the effective date of any conduct sanctions.
  13. The Chair’s written findings and information about appeal rights, shall be provided to the respondent. When FERPA allows, the complainant will receive the permitted information simultaneously. See Section 3.c.v.1 below for more information.
    1. In matters involving allegations of academic misconduct, the Chair’s written findings shall also be provided to the faculty member.
    2. In matters involving allegations of human rights violations, the complainant must also be provided information about appeal rights.
  14. The audio record of the hearing shall be the property of the institution and shall be maintained by the Dean of Students. No other person may record the hearing.
    1. The recording and its contents shall be confidential and may only be used for purposes of any appeals. Any person who discloses the contents of the recording to parties not involved in the appeal shall be subject to conduct sanction.
    2. In the event of an appeal, the respondent shall be given access to the recording for purposes of preparing an appeal. When the alleged misconduct involves allegations of human rights violations, the complainant shall be given access to the recording for purposes of preparing an appeal. Access shall be provided at such places and times as the Dean of Students may direct.
    3. Except as required by law, BHSU shall not be required to change the form in which the record is maintained.
5. Sanctions
  1. Individual Conduct Sanctions
    1. In each case in which the Chair determines that a respondent has violated the Student Code, the Chair shall determine and impose appropriate conduct sanction(s). Where a violation of Board policy is established, and where a conduct sanction is mandated under Board policy, that conduct sanction shall be imposed.
      1. Conduct sanction decisions must be made for the purpose of deciding how best to enforce the Student Code and should reflect a proportionate response to the violation.
      2. In matters involving human rights violations, the Chair should consider whether the sanctions are equitable and will end the misconduct, prevent its recurrence, and address its effects.
      3. In matters involving human rights violations, the Chair should consider the impact of separating the respondent from his/her education before imposing a conduct sanction of suspension or expulsion.
  2. In matters involving allegations of academic misconduct that are informally resolved pursuant to SDBOR Policy 2:33, the Dean of Students will receive the information from the faculty member and shall determine and impose appropriate conduct sanction(s).
  3. Complainants shall be informed in writing and at the same time as the respondent of any outcome and conduct sanctions imposed in the following circumstances:
    1. When the conduct sanction involves remedial action that directly relates to the complainant (e.g., a directive requiring the respondent to not have contact with the complainant)
    2. Where the allegations against the respondent would also constitute a crime of violence or non-forcible sex offense as defined by FERPA; or
    3. Where the allegations against the respondent would also constitute human rights violations. In this circumstance, the rationale for the result must also be included.
    4. Where BHSU finds that a hostile environment exists, BHSU shall also inform the complainant of other steps the institution has taken to eliminate the hostile environment.
  4. FERPA allows BHSU to disclose the final results of a conduct proceeding when the Chair determines that the respondent violated the Student Code, and that violation falls within the definition of a crime of violence or a non-forcible sex offense as defined by FERPA. For purposes of this subsection, “final results” means the name of the respondent, the violation committed, and any conduct sanction(s) imposed by the institution.
  5. FERPA allows BHSU to inform the parents or legal guardians of a respondent younger than 21-years of age that the respondent has violated BHSU policies concerning the use or possession of alcohol or controlled substances.
  6. The following conduct sanctions may be imposed upon any respondent found to have violated the Student Code. More than one of the conduct sanctions listed below may be imposed for any single violation. Imposition of a conduct sanction may be delayed or suspended on such conditions as the Dean of Students may prescribe.
    1. Warning – A statement to the respondent that the respondent has violated the Student Code of Conduct.
    2. Probation – Probation is for a designated period of time and includes the probability of more severe conduct sanctions if the respondent is later found to have engaged in any additional violation(s) of the Student Code during the probationary period.
    3. Loss of Privileges – Denial of specified privileges for a designated period of time. The privileges of continued participation in I-institutional activities, access to institutional facilities or residences may be conditioned upon participation in or completion of educational programming at the student’s expense.
    4. Fines – Monetary payments.
    5. Restitution – Compensation for loss, damage, or injury. This may take the form of appropriate service, money, or material replacement.
    6. Educational Sanction – work assignments, essays, service to BHSU, community service, workshops, or other related educational activities.
    7. Residence Suspension – Separation of the respondent from the BHSU residence facilities for a definite period of time, after which the respondent is eligible to return. Conditions for return to the residence facilities may be specified.
    8. Residence Expulsion – Permanent separation of the respondent from BHSU residence facilities. A sanction of residence expulsion will take the form of residence suspension pending completion of the appeals process.
    9. Suspension – Separation of the respondent from BHSU for a definite period of time, after which the respondent is eligible to return. Conditions for return may be specified.
    10. Expulsion – Permanent separation of the respondent from BHSU. A sanction of expulsion will take the form of suspension pending completion of the appeals process.
    11. Withholding Degree – BHSU may withhold awarding a degree otherwise earned until the completion of the student conduct process or the completion of all conduct sanctions imposed.
    12. Revoking Admission and/or Degree – the institution may revoke admission to, or a degree awarded from, BHSU for violation of institutional standards for obtaining admission or the degree, or for other serious violations of the Student Code committed by the respondent prior to graduation.
  7. Conduct sanctions shall not be made part of the respondent’s permanent academic record but shall become part of the respondent’s conduct record. The respondent’s conduct record containing conduct sanctions other than suspension, expulsion, revoking admission and/or withholding a degree, will be expunged seven (7) years after the date of the original finding of a violation of the Student Code. The respondent’s conduct record containing any of the four conduct sanctions above shall be maintained permanently. Where restitution is required of a respondent, the institution reserves the right to disclose all portions of the conduct file as may be necessary to obtain a judgment in a court of competent jurisdiction. Such files shall be preserved at least until all necessary compensation has been obtained.
  8. Students enrolled at BHSU shall be held accountable for their conduct while visiting or enrolled at other institutions. Students may be required, as a condition of continued enrollment, reenrollment, or transfer or admission to another institution to appear at the institution where the alleged misconduct took place, at their own expense, for a conduct hearing and to answer allegations based on their conduct while at that institution.
    1. Any conduct sanction imposed by another institution shall be effective at BHSU. A respondent suspended at another institution shall not be able to enroll at BHSU until the period of suspension has ended.
    2. When a respondent is brought forward on allegations of misconduct by another institution, any conduct sanction issued after a finding of a violation shall be determined by the institution that brought forward the allegations of misconduct. Suspension or expulsion may only be imposed after first consulting with the Dean of Students.
  9. Organizational Conduct Sanctions
    1. The following conduct sanctions may be imposed upon organizations:
      1. Those conduct sanctions listed above in Section 3.c.v.1.
6. Appeals
  1. Appeal as a Matter of Right
    1. The respondent may appeal a decision reached by the Chair. In matters involving allegations of human rights violations, the complainant may also appeal a decision reached by the Chair. The appeal must be in writing and must be submitted to the Dean of Students no later than five (5) days after notice of the Chair’s decision is deemed received.
    2. The written appeal must cite at least one (1) of the following reasons for review and must include supporting arguments and documentation as to why an appeal should be granted on those grounds.
      1. The original hearing was conducted unfairly to the point that it substantially and materially affected the outcome;
      2. Using the facts found by the Chair, the conclusion regarding whether there was a violation(s) of the Student Code was incorrect;
      3. The conduct sanction(s) imposed were not appropriate for the violation of the Student Code that the respondent was found to have committed; and/or
      4. New information that was unavailable at the time of the hearing has been discovered and could substantially and materially affect the outcome.
    3. An appeal shall be limited to a review of:
      1. The verbatim record of the initial hearing;
      2. Supporting documents submitted as part of the initial hearing; and
      3. Supporting documents submitted in support of the appeal reason(s)
    4. The Dean of Students will provide the other party a copy of the appeal and a reasonable amount of time to submit any materials to be considered.
    5. The Dean of Students will provide the appellate board with the materials submitted. The appellate board will review the materials submitted and provide a written recommendation to the Dean of Students as soon as practicable. The Dean has sole discretion to adopt or reject the recommendation.
      1. In instances where the respondent appeals a decision reached by the Chair, sanctions or conditions may not be increased, introduced for the first time, or extended.
      2. If the recommendation is rejected, the Dean of Students will provide the Appellate Board with a written explanation for his/her decision.
      3. The Dean of Students shall determine the effective date of any conduct sanctions imposed. The effective date of any conduct sanctions shall not be delayed pending any further appeals.
    6. The Dean of Students’ written decision shall be provided to the parties, along with the appellate board’s recommendation and, if rejected, the Dean’s written explanation.
      1. The Dean may return the matter to the hearing panel for reconsideration or to the Title IX/EEO Coordinator for additional investigation, in light of the written decision.
  2. Appeal to the President of BHSU
    1. The respondent may appeal a decision reached by the Dean of Students. In matters involving allegations of human rights violations, the complainant may also appeal a decision reached by the Dean.
    2. The appeal must be in writing and must be submitted to the President’s Office no later than five (5) days after notice of the Dean’s decision is deemed received.
    3. The written appeal must cite at least one (1) of the following reasons for review and must include supporting arguments and documentation as to why an appeal should be granted on those grounds.
      1. The original hearing was conducted unfairly to the point that it substantially and materially affected the outcome;
      2. Using the facts found by the Chair, the conclusion regarding whether there was a violation(s) of the Student Code was incorrect;
      3. The conduct sanction(s) imposed were not appropriate for the violation of the Student Code that the respondent was found to have committed; and/or
      4. New information that was unavailable at the time of the hearing has been discovered and could substantially and materially affect the outcome.
    4. The President has sole and complete discretion as to whether to agree to review an appeal, including what materials to consider. However, the President will not consider any reasons for review that were not previously raised in the appeal to the appellate board.
    5. If the President agrees to review an appeal, the President will provide the other party/parties a copy of the appeal and a reasonable amount of time to submit any materials to be considered.
    6. The President will provide a written decision to the parties, and to the Dean of Students. The decision may be a substantive one or may merely indicate that the President has declined to review the appeal.
      1. The President may return the matter to the Dean of Students or hearing panel for reconsideration, or to the Title IX/EEO Coordinator for additional investigation, in light of the written decision.
  3. Appeal to the Board of Regents
    1. After exercising and exhausting all appeals available at the institutional level, the respondent may appeal a decision reached by the President. In matters involving allegations of human rights violations, the complainant may also appeal a decision reached by the President after exercising and exhausting all appeals available at the institutional level.
    2. The appeal must be in writing and must be submitted to the Executive Director of the Board of Regents no later than thirty (30) days after notice of the President’s decision is deemed received. The appeal must include the following:
      1. Supporting arguments and documentation;
      2. All documentation provided by BHSU, including, at a minimum, the President’s decision, the Dean of Students’ decision, and the Chair’s decision.
    3. Written appeals that fail to include supporting arguments and documents and the documentation provided by BHSU will be rejected.
    4. An appeal submitted to the Executive Director that is not covered by subsection e) below may be considered by the Executive Director. In these instances, the Executive Director has sole and complete discretion as to whether to agree to review an appeal, including what materials to consider.
      1. If the Executive Director agrees to review an appeal, the Executive Director will provide the other party a copy of the appeal and a reasonable amount of time to submit any materials to be considered.
      2. The Executive Director will provide a written decision to the parties, and to the President.
      3. The Executive Director may return the matter to the President, Dean of Students, or hearing panel for reconsideration or to the Title IX/EEO Coordinator for additional investigation, in light of the written decision.
    5. An appeal submitted to the Executive Director must be considered by the Board of Regents where a student has been expelled or suspended based upon alleged violations of SDBOR Policy 3:4; or a disciplinary action allegedly deprived the student of a right or privilege protected by a specific term or provision of Board policy or state or federal constitution, law, or regulation.
      1. The Executive Director will have 15 working days within which to attempt, at his or her discretion, a resolution through informal means.
      2. If no informal resolution has been effected within the 15 working days, the Executive Director will refer the matter to a hearing examiner for reconsideration pursuant to SDCL § 1-26 using the contested case proceedings. At the conclusion of the contested case proceedings, the hearing examiner will provide a recommendation to the Executive Director for the disposition of the matter by the Board.
        
        Contested case proceedings may be conducted under protective orders entered pursuant to SDCL §§ 1-26-19 and 15- 6-26(c).
        
        The Board may return the matter to the President, Dean of Students, or hearing panel for reconsideration or to the Title IX/EEO Coordinator for additional investigation, in light of the written decision.
Alcohol & the Student Code of Conduct
1. Socializing with friends on and off campus is a big part of college life. Sometimes alcohol is involved. Sometimes not. Many students choose not to drink any alcohol for a variety of reasons. For those who do choose to drink alcohol, we support good decision making, knowing that on occasion you find yourself in an environment where there is a lot of alcohol, lots of people drinking and you cannot control the environment. Wherever you find yourself, please know and practice what you have learned about safety. Safe rise. Safe return to your home- apartment or residence hall. Safe health-wise. Here are resources to assist you when you find yourself needing to get home:

Canyon Cab 605-717-9997
Dakota Taxi 605-920-2020
Deadwood Cab Company 605-717-2000

The Student Code of Conduct covers policies related to the abuse and misuse of alcohol. BHSU is a dry campus with the exception of Building G in the Yellow Jacket Apartments for students who are 21 or older. Other exceptions include BHSU tailgating during football season and Foundation events held at the Joy Center.

If you are involved in a potential violation of the Student Code of Conduct, here are three (3) things to keep in mind:

1. The Student Code outlines the expectations of living and learning while a BHSU student.
2. The Student Code focuses on educational outcomes and community standards.
3. You have several campus resources to guide you through the Code of Conduct:
  1. Assistant Director of Residence Life, 605-642-6464
  2. Dean of Students, 605-642-6080
  3. Vice President for Enrollment Management, 605-642-6599
BHSU Alcohol & Drug Sanctions: Student Code of Conduct SDBOR Policy 3:4, Drug Free Campus SDBOR Policy 4:27
1. Alcohol. All sanctions are situation specific – standard sanctions are changed to benefit the student’s educational experience.
  1. Alcohol 1st Offence
    1. $75 Fine
    2. Pays for the Options Course
      1. Options Course. Facilitated through BHSU Counseling Center
    3. 6 academic months of University Probation
      1. Staff is slightly more aware of their presence in the hall (nowhere near “Big Brother Status”);
      2. If another violation occurs during this period sanctions are stiffer; and
      3. Room search without consent/notice.
  2. Alcohol 2nd Offence
    1. $100 Fine
      1. Pay for the Option Course
    2. Options Course (2nd Offense)
      1. Facilitated through BHSU Counseling Center
      2. A second offence Option Course is more in-depth and conducted on a one-on-one with a Counselor.
    3. 1-Year of University Probation
      1. Staff is slightly more aware of their presence in the hall (nowhere near “Big Brother Status”);
      2. If another violation occurs during this period sanctions are stiffer; and
      3. Room search without consent/notice.
    4. Potential parental notification.
  3. Alcohol 3rd Offence
    1. $150 Fine
      1. Pays for the Options Course
    2. External Drug and Alcohol Evaluation
      1. Should share the results of the evaluation with the hearing officer.
      2. Any recommendations will be taken into account for possible sanctions.
    3. Possible housing relocation.
    4. 1-Year of University Probation.
      1. Staff is slightly more aware of their presence in the hall (nowhere near “Big Brother Status”);
      2. If another violation occurs during this period sanctions are stiffer; and
      3. Room search without consent/notice.
      4. Potential parental notification.
      5. Possible loss of on-campus housing privileges.
2. Other Controlled Substances: All sanctions are situation specific – standard sanctions are changed to benefit the student’s educational experience.
  1. Other Controlled Substances 1st Offence
    1. $75 Fine
      1. Pays for the Options Course
    2. Options Course
      1. Facilitated through BHSU Counseling Center
    3. 1-Year of University Probation
      1. Staff is slightly more aware of their presence in the hall (nowhere near “Big Brother Status”);
      2. If another violations occurs during this period sanctions are stiffer; and
      3. Room search without consent/notice.
    4. Possible parental notification.
  2. Other Controlled Substances 2nd Offence
    1. $100 Fine
      1. Pays for the Options Course
    2. Options Course
      1. Facilitated through BHSU Counseling Center
      2. A second offense Options Course is more in-depth and conducted on a one-on-one with a Counselor.
    3. 1-Year of University Probation
      1. Staff is slightly more aware of their presence in the hall (nowhere near “Big Brother Status”);
      2. If another violation occurs during this period sanctions are stiffer; and
      3. Room search without consent/notice.
    4. Possible parental notification.
    5. Possible loss of on-campus housing privileges.
  3. Other Controlled Substances 3rd Offence
    1. $150 Fine
      1. Pays for the Options Course
    2. External Drug and Alcohol Evaluation
      1. Should share the results of the evaluation with the hearing officer.
      2. Any recommendations will be taken into account for possible sanctions.
    3. 1-Year of University Probation
      1. Staff is slightly more aware of their presence in the hall (nowhere near “Big Brother Status”);
      2. If another violation occurs during this period sanctions are stiffer; and
      3. Room search without consent/notice.
    4. Possible parental notification.
    5. Possible loss of on-campus housing privileges.

Responsible Administrator

The Vice President for Academic Affairs and Vice President for Enrollment Management, or designee, is responsible for the annual and ad hoc review of this policy. The University President is responsible for approval of this policy.

Source and Revision History

Approved by President Laurie Nichols on 11/25/2019; Last revised 2/22/2021