Student Code of Conduct

Introduction

The Bemidji State University (BSU) and Northwest Technical College (NTC) Student Code of Conduct reflects the shared objectives of both campuses to promote student success through accessible, innovative, and supportive learning environments. Both are dedicated to preparing students to lead meaningful lives and make a positive impact on their communities.

The Code promotes personal responsibility and community well-being by establishing clear behavioral expectations that foster safe, respectful, and inclusive campus environments where students can thrive both academically and personally.

This document describes students’ rights and responsibilities, behavioral expectations, and procedures for addressing alleged misconduct. Students are expected to review and understand the Code, as it is essential for maintaining a healthy academic community. Behavior that threatens the safety or well-being of oneself or others, or that is harassing or discriminatory, will be promptly reviewed, and suitable actions will be taken. This Code works alongside local, state, and federal laws; being part of the campus community does not exempt anyone from legal responsibilities.

The Code aims to provide an educational and fair process for resolving complaints and addressing student behaviors that may violate the standards outlined in the Code. BSU and NTC strive to offer an equitable process that recognizes and values the unique identities and lived experiences of our community members. We work to minimize the impact of unconscious biases, ensuring that every student is treated fairly and without prejudice.

Definitions

  • Business Day: Monday through Friday, except for days on which the University or College is closed.
  • Campuses: Refer to Bemidji State University (BSU) and/or Northwest Technical College (NTC), both as institutions, and to any off-campus or online facilities used for academic purposes or University or College-sponsored activities.
  • Code: The Student Code of Conduct.
  • Conduct Action: An educational measure or change in status imposed by the Conduct Educator on a student found responsible for a violation of the code.
  • Code Administrator: The University or College employee responsible for administering the Code of Conduct.
  • Conduct Education: A conduct action which may be imposed to help a student learn from an incident, repair harm, and/or support their personal growth and well-being.
  • Conduct Educator: The designated employee to preside over procedural matters related to the administration of the code.
  • Conduct Expulsion: A conduct action which may be imposed wherein a student is permanently removed from the University or College, which means they can no longer enroll, attend classes, live on campus, or access institutional services. Expulsions will appear on the student’s academic transcript.
  • Conduct Meeting: A meeting with a student, facilitated by a conduct educator to determine whether a violation of the code has occurred.
  • Conduct Monitoring: A conduct action which may be imposed outlining a specific time during which the student’s behavior is monitored for meeting the Responsible Behavior Standards of the Code, and during which any new or ongoing behaviors may result in additional conduct action(s). A student may also receive specific behavioral expectations and/or restrictions of campus privileges.
  • Conduct Suspension: A conduct action which may be imposed wherein a student is temporarily not allowed to attend the University or College. After the suspension period ends, the student may be allowed to return, but they might need to meet certain conditions first. If the suspension exceeds ten (10) business days, it will be recorded on the student’s academic transcript during the suspension.
  • Conduct Warning: A conduct action which may be imposed which documents a warning that the student’s behavior did not meet the expectations of the institution and that new or ongoing behaviors may result in additional violation(s) of the Code.
  • Conduct Review Panel: This process element is an option for students to appeal a decision of a suspension or expulsion lasting more than ten (10) business days before a designated group (panel) of campus staff, faculty, and students responsible for resolving complaints or appeals.
  • Member of the Campus Community: means a student, faculty, staff, administrator, or any other person serving the University or College in an official capacity. The Code Administrator (or designee) shall determine a person’s status in a particular situation.
  • Modified Campus Privileges: A conduct action which may be imposed through which a student temporarily loses or has modifications in access to, or is excluded from, specific institutional services or activities such as housing, campus events, or designated spaces for a period.
  • Mutual No-Contact Directive: A conduct action which may be imposed through which an institutional directive is issued that specifies individuals (or groups) must not contact each other in any way. This includes, but is not limited to talking, texting, emailing, social media account usage, or physical contact, whether direct or indirect, such as through someone else.
  • Policy: The written regulations of the University or College and the Minnesota State Board, as found in, but not limited to, the Student Code of Conduct, the University, College, and Minnesota State web pages, Student Handbook, Technology Handbook, Residential Life Handbook, Student Organization Handbook, and University or College policy webpages.
  • Preponderance of Evidence: A standard of responsibility that it is more likely than not that the Code of Community Standards has been violated.
  • Restitution: A conduct action which may be imposed whereby a student may be required to pay for, provide a service, or replace something they have damaged or taken without permission, which could include campus property, money, or the belongings of others in the campus community.
  • Summary Suspension. A temporary suspension utilized in serious situations to protect one or more persons or the well-being of the campus community.
  • Support Person A support individual who may provide a student guidance but who may not speak on the student’s behalf, may not act as a student’s representative, and may not serve as a witness.
  • Tennessen Warning: To inform those involved in an investigation, the purpose and intended use of the requested information; if it is legally required to supply the requested information; any known consequences arising from providing or refusing to supply information; and who is authorized to receive the information.

Student Rights and Responsibilities

As a member of the Minnesota State Colleges and Universities system, BSU and NTC adhere to Minnesota State Board Policy 3.1 Student Rights & Responsibilities. This policy affirms that students have fundamental rights and responsibilities, including the freedom to learn, express ideas, and engage in campus life. Students are expected to exercise these rights responsibly and in a way that fosters a respectful and inclusive learning environment.

A student requesting an accommodation due to a disability must follow the appropriate process for requesting one through Accessibility Services, which will review the request and notify the assigned Conduct Educator of the accommodation needs related to these processes.

Responsible Behavior Standards

Students are expected to conduct themselves in ways that support the well-being and success of themselves, others, and the broader campus community. This includes acting with integrity, showing respect, taking responsibility, making ethical decisions, communicating thoughtfully, and committing to personal and community growth. In support of these expectations, the following prohibited behaviors identify actions that undermine a safe, inclusive, and responsible campus community.

  1. Violation of any University or College or Minnesota State policy, rule, or regulation: The violation of any published University or College policies, rules, or regulations, including but not limited to the Student Handbook, Policies and Procedures Manuals, Program Handbooks, Residential Life Agreement, and Course Catalog.
  2. Violation of any local, state, or federal laws or ordinances: The participation in any action(s) that violates a local, state, or federal law, or ordinance, including, but not limited to, laws governing alcoholic beverages, drugs, gambling, sex offenses, indecent conduct, or arson.
  3. Academic Dishonesty: Students are expected to fulfill academic obligations honestly and fairly, without engaging in cheating, plagiarism, fabrication, collusion, scientific misconduct, or other forms of academic dishonesty, as defined in the BSU Academic Integrity policy and the NTC Academic Integrity policy.
  4. Alcohol: The use, possession, or distribution of alcohol on campus premises or institutional-sanctioned or sponsored events except as expressly permitted by institutional policy. Violation of local and state alcohol laws off-campus, including but not limited to underage consumption or sale, hosting, or provision of alcohol to underage individuals. This includes any violation of the Alcohol and Other Drugs Policy.
  5. Damage to Property: Unauthorized use, damage, or destruction of campus property or the property of others, including acts of vandalism such as graffiti, breaking or damaging furniture or equipment, and interfering with campus facilities or technology.
  6. Discrimination and Harassment: These prohibited behaviors are defined in the Minnesota State Board Policy 1B.1 Equal Opportunity and Nondiscrimination in Employment and Education.
  7. Disorderly Conduct: Behaviors that disturb others or cause problems, such as lewd or inappropriate actions, or helping someone else do so, whether on campus; at campus-sponsored events involving students, staff, or faculty; or in electronic campus environments.
  8. Disruptive Behavior: Actions that significantly interrupt, obstruct, or interfere with teaching, research, administration, conduct proceedings, or other campus activities, non-campus activities taking place on campus, and/or the public service functions of BSU and NTC.
  9. Disruptive Demonstration: Participating in or promoting the marketing of a protest or demonstration on campus or at a College or University sponsored event that disrupts normal operations or the rights of others or which otherwise violates or attempts to violate the BSU Peaceful Demonstration and Protest Policy and/or NTC Peaceful Demonstration and Protest Policy (NTC policy is currently under review).
  10. Drugs and Other Controlled Substances: Unauthorized use, possession, production, or sharing of illegal drugs or drug-related items as prohibited under state and/or federal law. This includes misuse of prescription medications, such as using them without a prescription or in a way not intended by the prescriber. Following federal law, cannabis (including medical marijuana) is not allowed on campus or at campus-sponsored events. This includes any violation of the Alcohol and Other Drugs Policy.
  11. Falsification and Deception: An act of falsification includes, but is not limited to, providing false or incomplete information to campus staff or offices, altering official campus documents without permission, misusing campus ID cards, pretending to represent the campus or its members, or making false emergency reports, such as bomb threats or false fire alarms.
  12. Gambling: Gambling for money or other things of value, except as permitted by law.
  13. Harm to Person(s): Behaviors that intentionally or effectively endanger the health or safety of any person, including the individual involved.
  14. Hazing: An act which endangers the mental or physical health or safety of a person(s), subjects a person(s) to humiliation or ridicule, or destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a student group, organization, or athletic team.
  15. Interference with the Student Code of Conduct: Any actions that disrupt or misuse the student conduct process, including but not limited to providing false or misleading information during a conduct meeting, disrupting the resolution process, starting a case without a valid reason, trying to prevent someone from participating, attempting to unfairly influence decision-makers, harassing or intimidating panel members unjustly, or ignoring assigned outcomes or sanctions.
  16. Noxious Odor: A strong smell that others can easily notice and that may cause discomfort or health problems. These odors can cause allergic reactions, breathing difficulties, or general irritation. Examples include but are not limited to smoke from cigarettes, cannabis, cigars, or pipes, strong perfumes, air fresheners, dirty laundry, personal hygiene odors, and garbage. Exceptions are allowed under the Burning of Sage, Sweet Grass, Cedar, Incense and Candles policy.
  17. Refusal to Identify and Comply: Intentionally refusing to provide identification or giving false information, or not following instructions from campus officials, law enforcement, or emergency medical staff acting within their responsibilities. This also includes not following the terms of any previous conduct-related decisions.
  18. Retaliation: Any action or failure to act that causes or intends to cause harm to someone for filing a complaint, reporting a violation, or taking part in the process outlined in the Student Code of Conduct or any campus policy.
  19. Sexual Misconduct: These prohibited behaviors are defined in the Minnesota State Board Policy 1B.3 Sexual Violence Policy.
  20. Shared Violations: Knowingly allowing or helping someone to violate the Student Code of Conduct or choosing not to act when aware of a clear or likely violation.
  21. Theft: Taking, using, or keeping any campus, public, or private property or service without clear permission or authorization.
  22. Threatening Behaviors: Any written, spoken, or implied actions that would make a reasonable person feel unsafe, fear harm to themselves or others, or worry about property damage.
  23. Unauthorized Access or Entry: Gaining access to campus buildings, facilities, services, equipment, or private data without proper permission. This includes, but is not limited to, using or sharing keys, ID cards, passwords, access codes, or other means to enter or gain unauthorized entry; misusing access privileges; entering restricted areas; improperly using alarmed or propped-open doors; or trespassing on campus property.
  24. Weapons and Firearms: The illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on campus premises or the use of any such item as defined in the Minnesota State Board Policies 5.21, Possession or Carry of Firearms.

Scope of the Student Code of Conduct

The Student Code of Conduct applies to all student behaviors that occur on campus or during any University or College-sponsored event or activity. The Code may also apply to incidents that happen off campus on a case-by-case basis. The Code will apply to off-campus and/or electronic student behaviors when:

  • Hazing is involved; or
  • The behavior occurs while participating in a University or College-sanctioned or sponsored activity; or
  • The behavior is part of the University or College recruitment or application process; or
  • The victim of the behavior is a member of the University or College community; or
  • The victim of the behavior is the University or College itself; or
  • The behavior constitutes a felony under state or federal law; or
  • The behavior seriously and/or adversely interferes with or disrupts the education, research, or service function of the University or College.

Students are members of both the campus community and their local community. Therefore, they have responsibilities not only to their campus(es) but also to those around them.

This means:

  • When the campus resolves a complaint under the Code, it does not replace or interfere with any other civil or legal procedures.
  • If a student violates any local, state, or federal law or ordinance, the University or College may also act under the Code.
  • The University or College can decide whether to proceed with the Code resolution process when a student is involved in a civil or legal proceeding, based on how it benefits the University or College, the students involved, and the community.
  • If the University or College decides on a resolution under the Code, that decision cannot be changed just because the legal charges were dropped, reduced, or settled differently.

Complaints of discrimination, harassment, and sexual violence shall be resolved according to Minnesota State Board Policy 1B.1 Equal Opportunity and Nondiscrimination in Employment and Education Policy and Minnesota State Board Policy 1B.3 Sexual Violence Policy.

Complaints of academic dishonesty will be addressed following the BSU Academic Integrity Policy or NTC Academic Integrity Policy. The campus may also take further action under the Code for a student who repeatedly or seriously violates the Academic Integrity Policy.

Students enrolled in applicable academic programs and majors at BSU and NTC may have specific expectations and standards based on their field of study. Violating these standards could also be a violation of the Code. Students should review their program guidelines, handbooks, and course syllabus to understand the expected behavior and academic standards that apply to them.

Complaints about a student after they graduate will not be addressed under this Code unless the student returns to the institution, or if the Code Administrator (or designee) chooses to make an exception.

Student Code of Conduct Resolution Procedure

Reporting an Incident

Any member of the campus community may report a potential violation of the Code.

Individuals are encouraged to complete a report as soon as possible after the incident. There is no deadline for reporting an incident; however, delays may make it more challenging to respond to and resolve the incident.

Individuals completing a report will be asked to provide:

  • Names of people involved
  • Date and time of the incident
  • Location of the incident
  • An objective narrative (a clear and honest description of what happened)

It is not the responsibility of the person filing the report to investigate the incident. They should only share what they know at the time they submit the report. After a report is received, the person who reported it will receive a Tennessen Warning Notice. This explains their rights under Minnesota law (Statute §13.04, Subdivision 2). The Conduct Educator (or designee) will then review the report. If there isn’t enough information or if the issue should be handled differently, the report may be closed.

Notification of Potential Violation

If the Conduct Educator (or designee) finds enough information to suggest a potential violation of the Code, they will send a notice to the student via the student’s University or College email address. This notice will explain what was reported, how the report will be addressed, and invite the student to participate in a Conduct Meeting to discuss what happened and share their perspective. The notice of the Conduct Meeting will include:

  • The possible violations of the Code.
  • The type of information that the Conduct Educator (or designee) will use to determine if a student is responsible.
  • A Tennessen Warning (which explains the student’s rights under Minnesota law)
  • Whether suspension or expulsion could be a possible outcome.
  • Information on the right to have a Support Person and the Support Person’s role at the Conduct Meeting.

Conduct Meeting

In a Conduct Meeting, the Conduct Educator (or designee) will decide if the student is responsible for violating the Code. To make this decision, the Conduct Educator (or designee) uses the preponderance of the evidence standard. This means they will decide based on whether it is more likely than not that the violation occurred.

If the student does not attend the meeting, the Conduct Educator (or designee) may determine if the student is responsible without the student’s input, based on the information available at that time.

During the meeting, the student will have the chance to:

  • Review the report and any supporting information
  • Respond to the report and share their perspective on the incident

A student may opt to have a Support Person present to support them. A Support Person cannot serve as a witness. The Support Person can provide guidance to the student, but they cannot speak for them or act as their representative.

After the meeting, the student will receive a written notice of the outcome within a reasonable timeframe. This message will include:

  • The decision related to the alleged misconduct
  • Any conduct action(s) that will be taken
  • Information about how to appeal the outcome

Conduct Action

The Student Code of Conduct outlines specific action(s) BSU and NTC may take when a student is found responsible for violating one or more of the Responsible Behavior Standards. However, each situation is unique, so alternative actions may be used based on the circumstances and the severity of the behavior, even if those actions aren’t specifically listed in the Code.

All conduct actions will be fair, reasonable, and respectful of the student’s rights. The Conduct Educator (or designee) or Conduct Review Panel will carefully review all the information before deciding what action to take.

Conduct actions are determined by consideration of:

  • The violated Responsible Behavior Standard.
  • The severity of the behavior and its impact on the campus community.
  • The student’s past conduct record.
  • Any exceptional circumstances that might help explain the situation.

The following conduct actions may be implemented and may be used individually or in combination:

  • Academic Status: An action related to a student’s admission or degree, including revoking admission or a degree, or delaying the awarding of a degree.
  • Conduct Education: An action chosen specifically for a student to help them learn from the incident, repair harm, and support their personal growth and/or well-being.
  • Conduct Expulsion: A student is permanently removed from the University or College, which means they can no longer enroll, attend classes, live on campus, or access institutional services. Expulsions will appear on the student’s academic transcript.
  • Conduct Monitoring: A specific time during which the student’s behavior is monitored for meeting the Responsible Behavior Standards of the Code, and during which any new or ongoing behaviors may result in additional conduct action(s). A student may also receive specific behavioral expectations and/or restrictions of campus privileges.
  • Conduct Suspension: A student is temporarily not allowed to attend the University or College. After the suspension period ends, the student may be allowed to return, but they might need to meet certain conditions first. If the suspension exceeds ten (10) business days, it will be recorded on the student’s academic transcript during the suspension. If a student is suspended after the 12th week of the semester, the Code Administrator (or designee) may choose to postpone the suspension until the end of the semester.
  • Conduct Warning: A documented warning that the student’s behavior did not meet the expectations of the institution and that new or ongoing behaviors may result in additional violation(s) of the Code.
  • Modified Campus Privileges: A student temporarily loses or has modifications in access to, or is excluded from, specific institutional services or activities such as housing, campus events, or designated spaces for a period.
  • Mutual No-Contact Directive: An institutional directive that specified individuals (or groups) must not contact each other in any way. This includes, but is not limited to talking, texting, emailing, social media account usage, or physical contact, whether direct or indirect, such as through someone else.
  • Restitution: A student may be required to pay for, provide a service, or replace something they have damaged or taken without permission, which could include campus property, money, or the belongings of others in the campus community.

The student will be notified of when the conduct action takes effect or must be completed. A resolution action does not take effect while a student is appealing, unless expressly stated otherwise in the conduct outcome letter.

Summary Suspension

In serious situations where a student is believed to be an immediate threat to the safety or well-being of the campus community, they may be suspended right away- without a Conduct Meeting or Conduct Review Panel. This is called a Summary Suspension: a temporary suspension used to protect others on campus. The process for a summary suspension follows Minnesota State Board Procedure 3.6.1, Part 5.

The student will be notified of the suspension in writing. Even if the student refuses to accept the notice, the suspension may still proceed. The student will have ten business days from the date of the notice to resolve the suspension, either through a Conduct Meeting or a Conduct Review Panel. During the summary suspension, a student may not enter the campuses or participate in institutional activities without permission from the Code Administrator (or designee).

Appeals

A student may request an appeal of the Conduct Educator’s decision; however conduct outcomes go into immediate effect and therefore the outcome remains in effect during the appeals period unless explicitly stated otherwise by the Conduct Educator. This can include appealing the decision itself, the conduct action, or both. In the appeal request, the student must show that at least one of the following reasons applies:

  • Information or evidence that could change the outcome which was not reasonably available at the time of the conduct meeting.
  • A mistake or error in the process that would have significantly affected the outcome.
  • The conduct action is neither appropriate nor proportional to the violation.

An appeal must be submitted in writing via email within five (5) business days after the outcome decision is sent to the student.

Students appealing expulsion or suspension (excluding a summary suspension) for more than ten (10) business days may choose to appeal the decision through a Conduct Review Panel or may waive their right to a Conduct Review Panel and choose to have the Code Administrator (or their designee) review the appeal. In addition to the above appeals requirements, appeals to a Conduct Review Panel must also include a full list of any anticipated witnesses, including what the witnesses will discuss and the information they will present to the panel.

Appeal Review

The Code Administrator (or designee) will review the appeal and might schedule a meeting to discuss it if more information is needed. If a meeting is required, the student has the right to bring a Support Person for support. Like at the Conduct Meeting, the Support Person may not speak on the student’s behalf or act as their representative. The role of the Support Person in the appeal meeting is to offer guidance and support to the student.

The Code Administrator (or designee) will provide the student a written notice of the outcome of their appeal within a reasonable timeframe. The notification to the student will outline whether the appeal is approved or denied.

  • If the appeal is approved, the Code Administrator (or designee) may determine a new outcome, revise, or establish new appropriate conduct action(s), and take all necessary steps.
  • If the appeal is denied, the matter shall be considered final for everyone involved, unless the student was expelled or suspended for ten (10) business days or longer. In such cases, the student shall be informed of their right to a contested case hearing under Chapter 14 of the Minnesota Statutes.

Conduct Review Panel

The Conduct Review Panel includes staff, student, and faculty representatives chosen through shared governance and consultation with the student government. The Code Administrator (or designee) is responsible for organizing the Conduct Review Panel and ensuring members receive the necessary training to serve effectively.

A student who requests an appeal of their suspension or expulsion lasting more than ten (10) business days by the Conduct Review Panel will be notified by the Code Administrator (or designee) within a reasonable timeframe. This notice will include:

  • The date, time, and place of the panel.
  • A summary of:
    • The original report and alleged code violations.
    • A list of anticipated witnesses (if any) and what they will speak about.
  • Information on the right to have a Support Person and the Support Person’s role during the Conduct Review Panel.

If the student does not appear for the scheduled Conduct Review Panel, the Code Administrator (or designee) may choose to reschedule the meeting or proceed with the Conduct Review Panel.

The institution must demonstrate, by a preponderance of the evidence, that a student has violated the Code. The assigned Conduct Educator (or designee) is responsible for providing the panel with supporting information and witness statements.

The student may respond to the institution’s supporting information and witness statements by submitting their own supporting information and witness statements. The student has the right to ask questions of the institution’s witnesses. The Code Administrator (or designee) may consider the personal safety and well-being of witnesses when deciding how the student may question witnesses at the panel meeting. The student may have a Support Person present during the Conduct Review Panel, who can provide guidance and support but cannot speak on the student’s behalf. A Support Person cannot serve as a witness.

After the Conduct Review Panel meets, they will determine if there is a preponderance of evidence to determine that the student violated the Code. If they find the student responsible, they will also decide on the appropriate conduct action(s).

The student is notified in writing about the outcome of the Conduct Review Panel within a reasonable timeframe following the scheduled hearing date. The notification shall include:

  • The decision.
  • Any conduct action(s) that will be taken.
  • For decisions involving conduct actions of expulsion or suspension for ten (10) business days or longer, students shall be informed of their right to a contested case hearing under Minnesota State Statute 14.

Confidentiality and Record Retention

Student misconduct records are kept by Student Affairs. They are considered part of a student’s educational record and, therefore, protected under the Family Educational Rights and Privacy Act (FERPA) and the Minnesota Government Data Practices Act (MGDPA).

Conduct records which are more than five (5) years old on July 1 of each year will be expunged, unless the campus is aware of or expects legal action, an audit, investigation, or review involving a specific record or if the same student had additional conduct violations which are less than five years old. Records related to suspension or expulsion are not eligible for expungement.

These records cannot be shared with third parties, including family members, without the student’s written consent or a court order. If a student agrees to share information, only the information specified in the release form will be shared. Exceptions include campus officials who need access to the records to perform their duties.

Interpretation of the Student Code of Conduct

Any questions about the Student Code of Conduct, the scope of the Code, or how policies should be interpreted should be directed to the Code Administrator (or designee).

Timelines in the conduct process may be adjusted if there are valid, documented reasons. If this happens, all involved parties will be notified in writing.

Related Policies and Procedures