Article II: Proscribed Conduct

A. Jurisdiction of the student Code of Conduct.

The College Code shall apply to conduct that occurs on college premises, at college sponsored activities, and to off-campus in the following circumstances:

Hazing is involved.
The violation is committed while participating in a college sanctioned or sponsored activity;
The victim is a member of the college community;
The violation constitutes a felony under state or federal law; or
The violation adversely affects the educational, research or service functions of the college. The administrator shall decide whether the Code shall be applied to conduct occurring off campus, on a case-by-case basis, at his/her sole discretion.

Allegations of discrimination, harassment and sexual violence shall be resolved pursuant to Board Policy 1B.1, Nondiscrimination in Employment and Education Opportunity, System Procedure 1B.1.1, Report/Complaint of Discrimination/ Harassment Investigation and Resolution, Board Policy 1B.3, Sexual Violence Policy, System Procedure 1B.3.1, Sexual Violence Procedure. Allegations of fraud or dishonest acts shall be resolved pursuant to Board Policy 1C.2, Fraudulent or Other Dishonest Acts.

B. Conduct—Rules and Regulations.

Any student found to have committed or to have attempted to commit the following misconduct in circumstances falling under the jurisdiction of this Code may be subject to the discipline actions outlined in Article III:

Acts of dishonesty, including but not limited to the following: a.) cheating, plagiarism or other forms of academic dishonesty; b.) furnishing false information to any college official, faculty member or office; c.) forgery, alteration or misuse of any college document, record or instrument of identification.
Disruption or obstruction of teaching, research, administration, disciplinary proceedings other college activities, including its public service functions on or off campus, or of other authorized non-college activities when the conduct occurs on college premises.
Physical abuse, verbal abuse, threats, intimidation (which threatens or endangers the health or safety of a person), harassment, coercion and/or other conduct, which threatens or endangers the health or safety of any person.
Attempted or actual theft of and/or damage to property of the college or property of a member of the college community or other personal or public property, on or off campus.
Hazing. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.
Failure to comply with directions of college officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
Unauthorized possession, duplication or use of keys or other access modes to any college premises or unauthorized entry to or use of college premises.
Violation of any college or Board policy, rule or regulation published in hard copy or available electronically on the college or Minnesota State website.
Violation of any federal, state or local law.
Use, possession, manufacturing or distribution of marijuana, heroin, narcotics or other controlled substances except as expressly permitted by law.
Use, possession, manufacturing or distribution of alcoholic beverages (except as expressly permitted by college or Minnesota State regulations), or public intoxication, or violation of Board Policy 5.18 and System Procedure 5.18.1 on Alcoholic Beverages and Controlled Substances on Campus. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age.
Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on college premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.
Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the college and/or infringes on the rights of other members of the college community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
Obstruction of the free flow of pedestrian or vehicular traffic on college premises or at college sponsored or supervised functions.
Conduct that is disorderly, lewd or indecent; breach of peace; or aiding, abetting or procuring another person to breach the peace on college premises or at functions sponsored by, or participated in by, the college or members of the academic community. Disorderly conduct includes but is not limited to: any unauthorized use of electronic or other devices to make an audio or video record of any person while on college premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes but is not limited to surreptitiously taking pictures of another person in a gym, locker room or restroom.
Any violation of the college’s Acceptable Use of Computers and Information Technology Resources Policy or Board Policy 5.22 and System Procedure 5.22.1 on Acceptable Use of Computers and Information Technology Resources.
Abuse of the student conduct system, including but not limited to:
1. Failure to obey the notice from the Student Rights and Responsibilities Board or college official to appear for a meeting or hearing as part of the Student Conduct System;
2. Falsification, distortion, or misrepresentation of information before the Student Rights and Responsibilities Board;
3. Disruption or interference with the orderly conduct of Student Rights and Responsibilities Board proceedings;
4. Institution of a student Conduct Code proceeding in bad faith;
5. Attempting to discourage an individual’s proper participation in, or use of, the student conduct system;
6. Attempting to influence the impartiality of a member of a Student Rights and Responsibilities Board prior to, and/or during the course of, the Student Rights and Responsibilities Board proceeding;
7. Harassment (verbal or physical) and/or intimidation of a member of a Student Rights and Responsibilities Board prior to, during, and/or after a student Conduct Code proceeding;
8. Failure to comply with the sanction(s) imposed under the Code;
9. Influencing or attempting to influence another person to commit an abuse of the student Conduct Code system.

C. Violation of Law and College Discipline

College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both criminal law and this Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Administrator.

Determinations made or sanctions imposed under this Code shall not be subject to change because criminal complaints arising out of the same facts giving rise to violation of college rules were dismissed, reduced or resolved in favor of or against the criminal law defendant.