5.20 – SSCC Student Social Code of Conduct Overview

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Scope: NMSU System

Source: ARP Administrative Rules and Procedures Chapter 5 | Student Life and Conduct

Rule Administrator:

Last Updated: 05/24/2019

Related

Cross-Reference:

5.21 - SSCC Student Rights and Responsibilities
5.22 - SSCC Social Conduct Standards (Prohibited Conduct)
5.23 - SSCC Interim Measures
5.24 - SSCC Amnesty for Emergency Reporting
5.25 - SSCC Consequences for Violation
5.26 - SSCC Conduct Case Procedures

 

 

 



Revision History:

05/24/2019 Amendment updating and restructuring the Student Social Code of Conduct as ARP 5.20 – ARP 5.26
03/08/2019 Student Social Code of Conduct relocated from Student Handbook, pursuant to revised RPM 5.20 C. 1.
08/15/2015 Amended pursuant to Policy 3.101, Authorization of Student Social Code of Conduct (subsequently recompiled as RPM 5.20)

PART 1: INTRODUCTION


Rules 5.20 through 5.26 of the Administrative Rules and Procedures of NMSU (ARP) collectively constitute the Student Social Code of Conduct (SSCC), which clarifies student rights and responsibilities, and the role of Student Life, overseen by the Dean of Students. Allegations of academic misconduct (e.g. cheating on an exam, plagiarism) are outside the purview of the SSCC.  These concerns are addressed pursuant to ARP 5.10 and 5.11, collectively referred to as the Student Academic Code of Conduct (SACC).  The SSCC is enacted pursuant to the authority of the Regents of New Mexico State University (NMSU) as set forth in RPM 5.20.

The SSCC establishes core values which support the standards of social conduct expected of NMSU Students.  Violations of the standards, when proven by a preponderance of the evidence, will result in a consequence commensurate with the nature of the violation, and the severity of the resulting harm or level of risk of harm created.

The SSCC also establishes procedures for: 1) reporting suspected or observed misconduct, 2) fact finding, 3) educational conferences, 4) issuance of Charge, and 5) hearings, sanctions and appeals.

The SSCC is organized as follows:

 

5.20    SSCC Student Social Code of Conduct Overview

PART 1: INTRODUCTION

PART 2: CORE VALUES

PART 3: DEFINITIONS AND ROLES

PART 4: ADMINISTRATION OF SSCC

5.21      SSCC Student Rights and Responsibilities

5.22      SSCC Social Conduct Standards (Prohibited Conduct)  

5.23      SSCC Interim Measures

5.24      SSCC Amnesty for Emergency Reporting

PART 1: PURPOSE

PART 2: REPORTING RESPONSIBILITIES

PART 3:  SITUATIONS JUSTIFYING GRANT OF AMNESTY

PART 4: AMNESTY CONDITIONED UPON COMPLIANCE

PART 5:  LIMITATIONS ON GRANT OF AMNESTY

5.25      SSCC Consequences for Violation

PART 1: STUDENT CONDUCT RECORD

PART 2: TYPES OF SANCTIONS

PART 3: GUIDELINES FOR IMPOSING SANCTIONS

PART 4: PETITION FOR RELIEF FROM INDEFINITE SANCTION

5.26       SSCC Conduct Case Procedures

PART I:  REPORTING STUDENT MISCONDUCT

PART 2: GUIDANCE APPLICABLE AT ALL STAGES OF CONDUCT CASE

PART 3: CASE INITIATION

PART 4: EDUCATIONAL CONFERENCE

PART 5: ASSESSMENT OF FACTS AND SANCTION; NOTICE

PART 6: PRE-HEARING PROCEDURES

PART 7: HEARING PROCEDURES

PART 8: APPEAL PROCEDURES

 

 

PART 2: CORE VALUES


The core values which underpin the social conduct standards set forth in ARP 5.22 are as follows:

  1. Community: NMSU Students welcome all individuals into their academic and social activities to enhance the learning and social environments.
  2. Integrity: NMSU Students exemplify honesty, honor and a respect for the truth in all of their actions.
  3. Social Justice: NMSU Students recognize the dignity of every person, anticipating and appreciating how their decisions and actions may impact others. NMSU Students are just and equitable in their treatment of all members of the community, and take action to discourage and challenge others who may seek to harm or diminish the worth of others.
  4. Respect: NMSU Students show consideration and positive regard for each other and for members of the community, through their words and actions.
  5. Responsibility: NMSU Students accept responsibility for their own conduct and its impact upon self, others and the community, seeking guidance and assistance as necessary and appropriate.

 

PART 3: DEFINITIONS AND ROLES


The terms below are defined for purposes of the SSCC, and are capitalized throughout to denote that defined status.

  1. Appeal Officer: The individual who decides whether to accept a Respondent’s or Complainant’s appeal from a Hearing Officer’s decision and imposition of Sanctions, and if accepted, reviews the hearing record, the appeal petition and any response to the petition, and issues a decision regarding the appeal. The Appeal Officer cannot have been directly involved in the investigation, the decision to initiate a charge or the original determination by the Hearing Officer.  For NMSU’s Las Cruces campus, Student Life’s vice president for student success or designee serves as Appeal Officer.  For the community colleges, each campus president or designee serves as Appeal Officer.  In the event these officials are not available to serve (e.g. scheduling conflict, conflict of interest, lack of objectivity due to prior involvement), the executive vice president and provost or designee will serve as Appeal Officer.
  2. Case Administrator: The individual designated to facilitate the SSCC process, and who is not eligible to serve as either Hearing Officer or Appeal Officer, in the event the case is contested. The Case Administrators from the community colleges work in coordination with the Dean of Students.  The dean of students designates the Case Administrators, and may also elect to serve in this role.
  3. Charge: A formal written notification to a Respondent 1) informing them that they are the subject of an SSCC conduct investigation, 2) describing the misconduct they are alleged to have committed or participated in, and 3) describing the provisions of the SSCC the alleged conduct violates and the likely sanction, should such allegation be proven or admitted to by Respondent.
  4. Complainant: A person who submits a complaint or report to the Dean of Students, or other appropriate NMSU employee, and who asserts injury, damage or loss (to person, property, or reputation) as a result of a Student’s alleged prohibited conduct under the SSCC.
  5. Day: A business day, defined as Monday through Friday 8:00 a.m. to 5:00 p.m., except for those days designated as official NMSU holidays or subject to an official university closure.
  6. Dean of Students: In upper case “Dean of Students” denotes the NMSU department headed by the dean of students (located in the Corbett Center Student Union Building) as a component of the Student Life Division at NMSU.  In lower case “dean of students” is a position title which refers to the individual holding the dean of students’ position, who serves as NMSU’s chief conduct administrator for the NMSU System, and the director of the Student Life Division. The Dean of Students coordinates disciplinary matters at the community colleges, typically through their vice-president for student services.  Any action to be taken or requirement to be fulfilled by the Dean of Students under this rule may be addressed by the dean of students, or dean’s designee within or outside the Dean of Students.
  7. Educational Conference: An informal, interactive meeting between the Case Administrator and a Student alleged to have violated the SSCC. See ARP 5.26 Part 4.
  8. Hearing Officer: An NMSU employee or agent, other than the Case Administrator, who conducts the fact finding hearing in contested conduct cases, and issues a determination based on a preponderance of the evidence, and, upon a finding against a Respondent, imposes sanctions as the Hearing Officer deems appropriate.  The dean of students appoints the Hearing Officer or may serve as the Hearing Officer.
  9. Interim Measures: Individualized services or resources offered to or required for parties involved in a conduct case, including both supportive and temporary protective measures (see below). Interim Measures may include counseling, extensions of time or other course-related adjustments, modification to work or class schedules, campus escort services, restrictions on contact between the individuals, No Trespass Directive (See ARP 16.21), or other directives restricting activities on campus, changes in dining or housing arrangements, authorized leaves of absence, increased security and monitoring of certain areas of campus and similar accommodations.
    1. Supportive measures are offered through the Office of Institutional Equity in coordination with the NMSU Title IX Coordinator, or designee, in response to allegations of sexual harassment, sexual assault, sexual misconduct, or any other form of protected class discrimination.
    2. Temporary protective measures are instituted through the Dean of Students, or other authorized NMSU officials, in response to direct threats to the health, safety or welfare of a student or other member of the NMSU community (See ARP 5.23 – Interim Measures)
  10. Notice: A written communication which may be delivered in person, by U.S. mail, or through secure electronic transmission to or from the addressee’s official NMSU email account.  Text messages and social media postings, albeit in written form, are not sufficiently formal to serve as “Notice” for purposes of the SSCC, but may be used for reminders and less formal correspondence.
  11. NMSU Community: Includes NMSU Students, faculty and staff and visitors to campus (e.g. volunteers, vendors, members of the public attending NMSU functions).
  12. NMSU Property: All land, facilities and other property owned, operated or controlled by the Regents of NMSU.
  13. NMSU Sponsored Activities: Events or activities involving Students, Student Organizations, or NMSU departments, faculty members, or employees that are:
    1. expressly authorized, aided, conducted or supervised by NMSU;
    2. funded in whole or in part by NMSU; or
    3. initiated by an officially chartered Student Organization and conducted or promoted in the name of that Student Organization or NMSU.
  14. Preponderance of the Evidence: The amount of evidence required to prove a violation of the SSCC.  A Preponderance of the Evidence means “more likely than not”, or stated another way, Preponderance of the Evidence means the “greater weight of the evidence”.
  15. Reporter: A person or entity who submits a complaint or report to the Dean of Students or other appropriate NMSU employee alleging that a Student or Student Organization violated the SSCC.
  16. Respondent: A Student or Student Organization charged with violating one or more provisions of the SSCC.
  17. Sanction: A Sanction is a disciplinary measure intended to educate the Respondent, remedy the harm, and/or to deter future misconduct.
  18. Student: An individual admitted or enrolled, for any type of credit or not-for-credit course, offered by NMSU or any of its community colleges, as well as an individual not yet officially enrolled for a particular term, but who has a continuing relationship with NMSU, as determined by the Dean of Students.  A continuing relationship exists where a Student (1) graduates or leaves NMSU while a disciplinary matter is pending under the SSCC, or (2) whose enrollment in classes is suspended for a defined period (such as summer break, a period of clinical or other experiential learning directly related to their degree program, or a period of participation in National Student Exchange, Study Abroad or international programs connected to NMSU, or during a disciplinary suspension or dismissal.
  19. Student Organization: Any group of Students officially recognized by NMSU as a chartered Student Organization.
  20. Support Advisor: An individual chosen by a Student to serve as an advisor in a supporting role during a Student disciplinary proceeding. Both the Complainant and the Respondent may elect to utilize a Support Advisor during any meeting, Educational Conference or hearing.  The Support Advisor may consult with and advise the Student at any time during the course of the relevant meeting or outside the meeting.  The Support Advisor may raise legitimate objections to questions during an investigatory interview or hearing, but may not answer questions on behalf of the Student or unreasonably delay or interfere with the proceeding.
  21. Title IX: Title IX refers to Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R. Part 106.  This federal law prohibits the exclusion of any person from participating in or from receiving benefits of, or any discrimination in, educational programs or activities, based on their sex.  See RPM 3.25 – Equal Opportunity and Prohibition of Unlawful Discrimination, ARP 3.25-Discrimination, Harassment and Sexual Misconduct on Campus.

 

PART 4: ADMINISTRATION OF SSCC


  1. Authority of Dean of Students: Before initiating a conduct case, the Dean of Students will determine whether the allegations of misconduct fall within the Dean of Students’ authority. The  Dean of Students (or community college designee), has authority to open and pursue conduct cases, including conducting or directing investigations, educational conferences, assessment of facts and sanctions, pre-hearing tasks and hearings including the imposition of sanctions, under these circumstances:
    1. Alleged Student misconduct occurs on NMSU Property; or
    2. Alleged Student misconduct has a substantial nexus with NMSU Property or a substantial impact on a member of the University Community. Such an impact is recognized when the misconduct (1) substantially interferes with or causes substantial harm to the NMSU mission, its finances, or reputation; (2) occurs at or in connection with an NMSU sponsored event; (3) involves an NMSU official or volunteer acting in their official capacity; or (4) creates a threat to the safety and security of NMSU property or any member of the NMSU Community; and
    3. Alleged Student misconduct first came to the attention of NMSU within the prior one year period; however, in the case of serious misconduct, the vice president of student success may grant permission for a conduct case to be initiated after the one year time period has expired.
  2. Concurrent NMSU Disciplinary Proceedings: Based on a Student’s role within the NMSU Community, the Student may be subject to more than one set of conduct standards and consequences for the same misconduct. Examples of dual or multiple roles students may have include that of a campus resident, student athlete, member of ROTC or other student organizations, enrollment in dual credit courses or Early College High School. The various rules and processes related to each of these roles are applied independently and may occur concurrently; the outcome of one may or may not affect the outcome of the other process.
  3. Concurrent SSCC Cases and Court Proceedings: Misconduct under this SSCC may result in proceedings under both the SSCC and civil or criminal law. Generally, an SSCC conduct case proceeds without regard to the pendency or status of any criminal investigation or other legal proceedings. If a Respondent desires to obtain a stay of the SSCC case due to potential or pending criminal investigation or prosecution, the following will apply:
    1. The request must be submitted in writing to the Dean of Students, and will propose a reasonable length of time and basis for the stay.
    2. The Dean of Students will consider the request and render a decision (in coordination with the appropriate community college designee where appropriate).
    3. The stay, if granted will be for a designated period of time, subject to subsequent review for extensions or a termination of the stay.
    4. Interim Measures may be imposed or continued while a stay is in effect, unless determined to no longer be necessary.