Student Code of Conduct at Montana Tech

The Student Code of Conduct and conduct process apply to the conduct of individual students and all formally or informally University-affiliated student groups or organizations. The Student Code of Conduct shall apply to conduct that occurs on University premises, at University sponsored activities, and to off-campus conduct that adversely affects the University Community and/or the pursuit of its objectives. Each student shall be responsible for their conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending and to student groups or organizations for behavior that occurred when the group was recognized, registered, or informally affiliated with the University, regardless of current status. The Dean of Students Office shall decide whether the Student Code of Conduct applies to conduct occurring off campus, on a case-by-case basis.

The University may take notice of alleged violations of federal, state and local laws by students. When a student is arrested or otherwise subject to criminal charges, the University may initiate proceedings to determine if the student has violated the Student Code of Conduct. The University reserves the right to exercise its authority of interim action upon notification that a student is facing criminal charges in accordance with Article VI of the Code.

In University Student Code of Conduct disciplinary proceedings, for both cases involving general misconduct and academic misconduct, students have the following rights.

Records and Confidentiality: Montana Technological University complies with the principles of privacy described in the Montana Constitution, the Montana Code Annotated, and the federal Family Educational Rights and Privacy Act (FERPA). As such, a student involved in a University disciplinary proceeding has the following rights related to privacy and confidentiality:

Disciplinary Records:

1. 1. Sanctions of expulsion and suspension affect the student’s academic status, and records are maintained by the Dean of Students office and/or the Office of the Provost during such time as the imposed sanctions are in effect.
   2. During the time that a Student Code of Conduct case is in process, the student continues to have the same rights and privileges as other students, unless interim action (which may include restrictions, suspension, or expulsion) has been imposed.
   3. If a student authorizes the release of the student’s transcript and/or conduct records to another institution or to a prospective employer while there is a pending case under the Student Code of Conduct, it is with the understanding that if the student is found to have violated the Code in a manner that would require that the previously-released transcript be altered, the University may notify the institution and/or employer and forward a corrected copy.
      
      All records of Student Code of Conduct proceedings and sanctions for both general misconduct and academic misconduct are maintained by the Dean of Students Office. These records will be maintained in accordance with the Montana University System General Record Retention Schedule. Sanctions of expulsion and suspension affect the student’s academic status and will be maintained indefinitely.

Confidentiality:

1. All disciplinary proceedings are closed to the public.
2. The University, except as required by law, will not disclose information to anyone not connected with the proceeding. The fact that there is or has been a disciplinary proceeding concerning an incident may be disclosed; however, the identity(ies) of individual students involved in the proceedings will not be disclosed.
3. The University, will disclose the results of the proceeding, including sanctions imposed, only to those who need to know for purposes of record keeping, enforcement of the sanctions, further proceedings, eligibility for participation in certain University activities, health and safety of others, or compliance with federal or state laws. The fact that a disciplinary proceeding has been concluded and appropriate action has been taken may be disclosed.
4. In accordance with federal law the University will disclose to an accuser, the results (including interim actions) of campus disciplinary proceedings that arise from allegations of a violent crime, dating violence, domestic violence, sexual assault, and stalking.

Process Based Rights:

Respondent - A student or student group or organization accused of violating the Student Code of Conduct (the “respondent”) has certain rights. These include the right to:

1. Be provided written notice at least 24 hours in advance of the hearing (with the exception of Interim Action, see Article VI for more information). This notice includes that a complaint is being investigated, the nature of the complaint, and the provisions of the Student Code of Conduct that the student is alleged to have violated.
   1. If the respondent has an unavoidable conflict for the designated hearing time, as determined by the administrative conduct officer, the respondent may contact the administrative conduct officer identified in the notice as soon as possible in advance of the conduct hearing to schedule an alternate meeting date or time.
   2. Respondent may request to waive their 24-hour notice by contacting the administrative conduct officer to ask for an earlier meeting. The administrative conduct officer will determine if appropriate arrangements can be made for an earlier hearing.
2. Request a different administrative conduct officer or board member in advance of the hearing. The University will attempt to eliminate any administrative conduct officer or board member bias in the conduct process. If a respondent is concerned about bias, they may request a different administrative conduct officer or board member in advance of the hearing. Determination of whether a different administrative conduct officer or board member is warranted will be decided by the Vice Provost for Student Success & Dean of Students or designee.
3. Be accompanied by one advisor and/or an attorney (who is not a party to the case or a potential witness) for personal advice, consultation, and/or support during the conduct hearing. However, only the respondent, and not the advisor or attorney, may speak on the student’s behalf during the conduct hearing. A student who intends to bring an attorney to a meeting must notify the University official in advance of the meeting so the University may make the appropriate arrangements, which could include having a University attorney present. In the instance that the arrangements are not possible prior to the scheduled hearing, the hearing will be postponed for a reasonable amount of time for the arrangements to be made.
4. Review all redacted written or physical evidence relied on by the hearing officer during the conduct process, but may not take a copy or photograph it. All such records may be reviewed by the respondent during normal business hours. In the instance that a request to review of documents is not possible prior to the scheduled hearing, the hearing will be postponed for a reasonable amount of time to allow for document review.
5. Present one’s own case, including a written account of the incident. The respondent has the right to remain silent at the conduct hearing and the choice to remain silent will not be taken as an admission of responsibility, though the student is encouraged to participate in the conduct hearing.
6. Present relevant witnesses, to submit questions for witnesses to the conduct hearing officer, and to respond to and question all information and charges presented. The number of witnesses called, and questions asked will be vetted by the hearing officer for relevancy and may be limited to prevent redundancy or the unreasonable prolonging of the hearing.
7. Timely adjudication and resolution of the case.

During the time that a Student Code of Conduct case is in process, the student continues to have the same rights and privileges as other students unless interim action (which may include restrictions, suspension, or expulsion) has been imposed.

Complainant - A student who brings a complaint against another student under the Student Code of Conduct (the “complainant”) also has certain rights. These include the right to:

1. Request to meet with the designated administrative official to discuss the disciplinary process.
2. Present one’s own case, including a written account of the incident and a statement describing the effect of the alleged misconduct.
3. Be accompanied by one advisor and/or an attorney (who is not a party to the case or a potential witness) for personal consultation and/or support. However, only the complainant, not the advisor or attorney, may speak on the student’s behalf during the conduct hearing.
4. Timely adjudication and resolution of the case.
5. Privacy regarding past conduct that is irrelevant to the case. This irrelevant information will not be discussed during the proceedings.
6. Be notified of the outcome of the case when the proceedings are concluded, for proceedings involving accusations of violent crimes, dating violence, domestic violence, sexual assault, and stalking only.

Academic Freedom
Montana Technological University has had a long tradition of, and a deep commitment to, academic freedom. The welfare and strength of the University and of society at large depends upon the free search for truth and its free expression. To this end the University shall recognize and protect full freedom of inquiry, research, discussion, study, publication, and, for artists, the creation and exhibition of works of art, without hindrance, restriction, equivocation, and/or reprisal. This right extends to other facets of campus life to include the right of students to speak on general educational questions or about the administration and operation of the University and the Montana University System.

Academic Responsibilities
The concept of academic freedom must be accompanied by an equally demanding concept of academic responsibility. Students are responsible to abide by and fulfill all academic policies and procedures, degree/certificate requirements for graduation, and general education requirements as published in the Montana Technological University catalog.

Nothing in this Code limits the right of the Dean of Students Office and/or the designated administrative conduct officer(s) and the Respondent, to agree at any time to disciplinary sanctions if the Respondent student agrees to the charges. The use of mediation and/or conflict resolution resources may be employed prior to formal action if agreed upon by involved parties, including appropriate University officials. Any such agreement must be in writing. When it is approved by the appropriate University official(s), signed by the student, and filed with the Dean of Students Office, the case is concluded.

Copying from another student, consulting unauthorized material, giving information to another student, collaborating with one or more students without authorization, or otherwise failing to abide by the University or instructor’s rules governing the examination or academic exercise without the instructor’s permission.

Acquiring or possessing an examination or other course materials without authorization by the instructor.

Destroying, hiding, or otherwise tampering with source materials, library materials, laboratory materials, computer equipment or programs, or other course materials.

Knowingly submitting false, altered, or invented information, data, quotations, citations, or documentation in connection with an academic exercise.

Knowingly making such submission in violation of stated course requirements.

Acting calculatedly to influence an instructor to assign a grade other than the grade actually earned.

Knowingly allowing others to offer one’s work as their own.

Knowingly helping or attempting to help another person commit an act of academic dishonesty, including assistance in an arrangement whereby any work, classroom performance, examination activity, or other academic exercise is submitted or performed by a person other than the student under whose name the work is submitted or performed.

Falsifying, tampering with, or misrepresenting a transcript, other academic records, or any material relevant to academic performance, enrollment, or admission, or causing falsification or misrepresentation of any of the above.

Research Misconduct as defined within Research Compliance and University Policy No. 400 is a form of prohibited conduct.

1. Faculty members at Montana Technological University have the independent authority to exclude a student from any class session in which the student displays disruptive behavior that threatens the learning environment and/or safety and well-being of others in the classroom. Faculty must take care to honor the academic freedom of all students as outlined in Article IV of the code.

2. If circumstances warrant dismissal from a class session for behavior reasons, the faculty member must contact the Dean of Students Office immediately following the class to discuss the situation and make a determination about whether Student Code of Conduct charges will be initiated.

3. The student remains eligible to return to the next class session, unless interim action prohibiting class attendance is imposed per Article VI of the Code.

4. The faculty member maintains the authority to remove the student from any future class session during which the student is disruptive.

5. The student may be suspended permanently from a class upon recommendation of the Dean of the college or school offering the class in accordance with the disciplinary procedures outlined in the section below.

Misconduct alleged during the course: When an incident of alleged academic misconduct is discovered by or brought to the attention of the course instructor during the course, the instructor will document the timing of the incident in writing and personally contact the accused student within ten (10) working days to arrange a meeting. The course instructor and the student may each have a person of choice present at this meeting (see Article II: Student Rights). The role of legal counsel, if any, at this stage should be restricted to consultation with the student. At this meeting the course instructor will:

1. Conduct a discovery interview to address academic misconduct concerns.
   1. If, after the discovery interview has concluded, the instructor believes that academic misconduct has occurred, the instructor will inform the student of the alleged academic misconduct and present the evidence supporting the allegation.
   2. If the instructor concludes that there is not sufficient evidence of academic misconduct, the instructor and student may choose to discuss alternative / informal resolutions to the concerns.
2. Inform the student of the Student Code of Conduct Procedures.
3. Allow the student an opportunity to respond to the charge(s) and evidence (the student is not required to respond).
4. Discuss the academic sanction and possible University sanctions and allow the student to respond.

If the student does not respond to the course instructor’s request for a meeting or does not attend the meeting, the course instructor will proceed with their investigation and follow the procedures described below in “Resolution of the Academic Misconduct charge(s).”

Misconduct alleged at or after the conclusion of course: When an incident of alleged academic misconduct is discovered or brought to the attention of the course instructor, the instructor will document the timing of the incident in writing and personally contact the accused student within ten (10) working days to arrange a meeting either in person or remote within 10 working days. During the meeting, steps a-d as outlined above will be followed. If a student is unable to attend a meeting, the instructor notifies the student in writing, completing steps a-d. The instructor may also choose to assign a grade of “N” for the course until there is a final resolution of the charge(s) and a final grade can be assigned.

The faculty member is required to submit the Academic Misconduct Referral form for any instance of academic misconduct, even if after meeting with the student(s) the decision is that academic misconduct did not occur. The Associate Dean of Students will review any prior academic and/or general misconduct on file with the Dean of Students Office to determinate whether any additional sanctions are appropriate. Any additional sanctions would be determined by the Dean of Students Office (or designee) and/or the Academic Standards Committee.

If the instructor concludes that the student engaged in academic misconduct, the instructor informs the student of the academic sanction to be imposed, as well as the Associate Dean of Students. The academic sanction does not take effect until the final resolution of the charge(s) or until the deadline for an appeal has passed. At faculty discretion, academic misconduct in a course may result in an “F” grade on the assignment or examination, or in the course. An “N” grade may also be assigned in the interim until there is a final resolution of the charge(s) and a final grade can be assigned.

The Associate Dean of Students will notify the student in writing, specifically:

1. A statement of the specific academic misconduct committed
2. A concise summary of the facts upon which the charge is based
3. A statement of the academic and/or University sanction(s)
4. A statement of the appeal procedure

If, within ten (10) working days of receiving written notice from the Associate Dean of Students, the student does not appeal the decision to impose the academic and/or University sanction(s), the findings will be accepted and sanctions will be implemented.

A written summary of the case will be placed in the student’s disciplinary file maintained by the Dean of Students Office.

No University sanction or academic sanction is imposed until final resolution of the charge(s) or until the deadline for an appeal has passed.

If the student denies the charge(s) and/or does not accept the academic penalty imposed by the course instructor and/or the University, the student may appeal to the Academic Standards Committee. A request for appeal with supporting evidence must be presented in writing to the Office of the Provost within ten (10) working days after the student receives the written findings and sanctions from the Associate Dean of Students.

The Academic Standards Committee is appointed by the Provost and is composed of the Registrar, the Associate Dean of Students, and three faculty members. The committee issues a recommendation to the Provost who can either accept, reject, or modify the committee’s recommendations. There is no official “chair” of the committee. During hearings the “chair” responsibility could fall on any committee member and designation of “chair” is determined at the hearing. In issues where a conflict of interest may arise alternate committee members will be assigned by the Provost.

1. When a student appeals to the Academic Standards Committee, the Office of the Provost schedules a hearing date. The Office of the Provost gives notice of the time, date, and place of the hearing to the student, course instructor, and any other relevant parties (i.e. Department Head, Academic Dean, etc). In the absence of extenuating circumstances, the hearing is held within fifteen (15) working days of the appeal.
2. A student appealing to the Academic Standards Committee may be accompanied by one advisor and/or an attorney (who is not a party to the case or a potential witness) for personal advice, consultation, and/or support during the appeal hearing. However, only the student, and not the advisor or attorney, may speak on the student’s behalf during the hearing. A student who intends to bring an attorney to an appeal hearing must notify the Office of the Provost in advance of the meeting so the University may make the appropriate arrangements, which could include having a University attorney present. In the instance that the arrangements are not possible prior to the scheduled appeal hearing, the hearing will be postponed for a reasonable amount of time for the arrangements to be made.
3. All hearings are closed to the public to protect the privacy rights of involved parties.
4. The Chair of the Academic Standards Committee is responsible for conducting and facilitating the hearing in an orderly manner. The student presents witnesses and/or evidence in support of the appeal. The course instructor, Department Head, and/or Academic Dean also presents witnesses and evidence. Each party may question the other party’s witnesses, either directly or through the Chair at the discretion of the Chair. The burden of proof is on the University to establish a violation by a preponderance of the evidence.
5. Formal rules of evidence (such as in a legal proceeding) do not apply. The Chair decides the admissibility of all evidence presented and rules on all procedural issues.
6. The Chair may prescribe additional procedural rules for the hearing that are consistent with this Code.
7. The Academic Standards Committee reaches a decision by majority vote. The Chair has the right of vote. The vote may uphold, alter, or overturn the academic penalty(ies) and/or University sanction(s). The recommendation of the Committee is submitted to the Provost for review and final approval. Committee deliberations are closed to the parties and others.
8. Within ten (10) working days, a copy of the Provost’s decision is provided to the student, the course instructor, and any other required parties.
9. A student who fails to appear for a scheduled Academic Standards Committee hearing is considered to have waived the right to appeal. The student receives the academic penalty(ies) and/or University sanction(s) as determined and outlined in the written notice from the Associate Dean of Students.
10. The student may seek further administrative review by the Commissioner of Higher Education and the Board of Regents in accordance with to Montana University System Policy and Procedures Manual, 203.5.2.

Depending on the severity of the academic misconduct, a student may incur one or more of the following penalties:

Academic Penalty(ies) by the Course Instructor: The student may receive a failing or reduced grade in an academic exercise, examination, or course, and/or be assigned additional work which may include re-examination.

University Sanction(s): The University may also impose a sanction that exceeds the academic penalty. The University sanctions listed below require administrative review and approval by the Dean of Students and/or Provost, or their designees:

1. Disciplinary Warning: The student is warned that further misconduct may result in more severe disciplinary sanctions.
2. Disciplinary Probation: The student is warned that further misconduct may result in suspension or expulsion. Conditions may be placed on continued enrollment for a specified period of time.
3. Suspension: The student is separated from the University for a specified period of time and may also be excluded from participation in any University-sponsored activity.
4. Expulsion: The student is permanently separated from the University and may also be excluded from any University-owned and/or - controlled property or events.
5. Denial of a Degree: A degree is not awarded.
6. Revocation of a Degree: A previously awarded degree is rescinded.

1. Harassment includes but is not limited to unwelcome verbal, psychological, graphic and/or written abuse directed at another, beyond a reasonable expression of opinion.
2. Cyberbuling is repeated and/or severe aggressive electronic communications that are directed at another person or are intended to intimidate, harm, or control another person emotionally.
3. Hazing includes any intentional, knowing or, or reckless act committed against another person or persons that occurs in connection with initiation into, affiliation with, or maintaining membership in a group or organization and causes or risks physical or psychological injury. Prohibited hazing behaviors include, but are not limited to: physical abuse, forced endurance of extreme conditions or physical exertion, coerced consumption of substances, compelled sexual acts, threats that cause fear of harm, and any actions involving or requiring criminal conduct.
4. Complicity includes but is not limited to:
   1. Conduct of a student who is present when a violation of the Code of Student conduct occurs and who encourages, assists, or otherwise enables conduct that could result in serious injury to a person, including sexual misconduct; or:
   2. Conduct of an organized group that encourages, assists, or otherwise enables conduct that could result in serious injury to a person, including sexual misconduct.

1. Physical Assault which includes but is not limited to: physical contact of an insulting or provoking nature, physical contact that puts the person in fear for their physical safety, or physical contact that causes the person to suffer physical injury.
2. Threatening and Intimidating Behaviors:
   1. A threat is defined as actions, or written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
   2. Intimidation is defined as implied threats or acts that cause a reasonable fear of harm in another.

Prohibited Conduct set forth in the Montana Tech Discrimination, Harassment and Retaliation policy.

1. Tobacco: Smoking, vaping, or tobacco use on campus is a violation of the Montana Tech Tobacco and Nicotine Policy and of this Student Code of Conduct.
2. Alcohol: Use, possession, or distribution of intoxicants, including alcohol, except as expressly permitted by law or University policy is prohibited. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under twenty-one (21) years of age.
3. Drugs: Use, possession, manufacture, distribution or sale of narcotics or dangerous drugs as defined by city, state or federal laws is prohibited. This includes mind-altering drugs, designer drugs or synthetic substances used as a substitute for a controlled substance, except as expressly permitted by law or University policy. This also includes the abuse, distribution, or improper use of prescription drugs.

Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on University premises, or use or storage of any such item, even if legally possessed, in a manner that harms or threatens the safety of others or self, is prohibited. Prohibited weapons and explosives can include, but are not limited to firearms/guns, including air, BB, paintball, facsimile weapons and pellet guns, fireworks, ammunition, and dangerous objects such as arrows, axes, machetes, nun chucks, throwing stars, or knives with a blade of longer than four (4) inches.

1. Disruptive Behavior: Substantial disruption or obstruction to University operations or University-sponsored activities, including but not limited to studying, teaching, research, administration, disciplinary proceedings, or fire, police, or emergency services. Behavior that occurs off-campus may be subject to University action if the behavior adversely affects the University Community and/or the pursuit of its objectives.
2. Violation of federal, state or local law, or policies: Violation of published University policies, rules or regulations and violation of federal, state or local law.
3. Acting to impair, interfere with or obstruct the orderly conduct, processes and functions of the University, including but not limited to:
   1. Use of amplification systems on the campus outside of University buildings except with written permission from the Dean of Students Office (or designee).
   2. Failure to comply with directions of University officials acting in the performance of their duties.
   3. Failure to comply with any authorized Student Code of Conduct sanction(s)/condition(s).
   4. Causing, inciting or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or damage and/or destruction of property on University premises.
4. Misuse of Medical Amnesty Policy, including but not limited to:
   
   1. Discouraging or otherwise interfering with outreach to emergency medical services or law enforcement in the event of a medical emergency.
   2. Intentionally making unnecessary contact with emergency medical services or law enforcement (e.g, after situation is under control by University or another official who has already responded or is on scene).
   3. Purposefully misusing the Medical Amnesty policy.
5. Unreasonably interfering with the lawful freedom of expression of others.

1. Stolen Property: Theft or attempted theft of property or services or knowingly possessing stolen property.
2. Defacing, tampering, damaging, or destroying University property or the property of any member of the University community.
3. IT and Acceptable Use: Unauthorized or illegal use of the University’s telephone system, mail system, computers, or computer network, or use of any of the above for any illegal act.
4. University IT Policy: A violation of any of the IT policies, including but not limioted to those found within University Policy No. 1300.

1. Fire Safety: Violation of local, state, federal, or campus fire policies, including but not limited to:
   1. Intentionally or recklessly causing a fire which damages University or personal property or which causes injury;
   2. Failure to evacuate a University-controlled building during a fire alarm;
   3. Improper use of University fire safety equipment; or
   4. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on University property. Such action may result in a local fine in addition to University sanctions.
2. Wheeled Devices: Skateboards, roller blades, roller skates, bicycles, electronic hover boards, electric bikes/scooters, and similar devices are not permitted to be ridden inside University buildings. Bicycles are not permitted inside University buildings for storage, except as allowed in the residence halls and campus apartments by Montana Tech Residence Life policy. Additionally, skateboards and other wheeled items may not be operated in a dangerous or reckless fashion, or on railings, curbs, benches, or any such fixtures that may be damaged by these activities. Electric bikes/scooters may only be operated on sidewalks at reasonable speeds to ensure the safety of pedestrians and riders must always yield to pedestrians. Individuals may be held responsible for damage to University property caused by these activities. Failure to yield to pedestrians or failure to abide by traffic laws/rules on campus is considered a conduct violation.
3. Animals: Animals, with the exception of service animals and authorized assistance animals, are not permitted in campus buildings or on campus without a leash. Not cleaning up after animals on campus is a conduct violation. Not having animals under control is a conduct violation. Montana tech’s policies regarding Service Animals, Assistance Animals and Pets can be found at Montana Tech Service Animal Policy. 
4. Abuse of Conduct Process: Abuse or interference with, or failure to comply with, University process including conduct and academic integrity hearings, including but not limited to:
   1. Falsification, distortion, or misrepresentation of information;
   2. Failure to provide, destroying, or concealing information during an investigation of an alleged policy violation;
   3. Attempting to discourage an individual’s proper participation in, or use of, the campus conduct system;
   4. Harassment (verbal or physical) and/or intimidation of a member of a campus conduct body prior to, during and/or following a campus conduct proceeding;
   5. Failure to comply with the sanction(s) imposed by the campus conduct system;
   6. Influencing, or attempting to influence, another person to commit an abuse of the campus conduct system.
5. Arrest: Failure of any student to accurately report the student’s arrest by any law enforcement agency to the Dean of Students Office within seventy-two (72) hours of any violent, sexual, or felony crime regardless of the location or whether the crime occurred during a semester break. A felony crime is a crime for which more than one year in prison may be imposed.
6. Other Policies: Violation of other published regulations, rules, or policies, including but not limited to:
   1. Montana Tech Residence Life / Housing: Students who reside in any on-campus housing are also subject to the conduct requirements and expectations set forth in the Residence Life Handbook.
   2. Montana Tech Athletics: Student athletes are subject to all standards of conduct and disciplinary procedures as outlines in the Student Athlete Handbook.
   3. Student Organizations / Clubs: Student “organization” or “club” refers to any group of University students meeting ASMT’s criteria for student group recognition; any group of University students affiliated with a University unit, college, or department; or any group of students formally or informally connected by participation in an activity or behavior connected to University operations or utilizing University space or other resources. Students participating in ASMT recognized student organizations/clubs are also subject to the ASMT constitution and bylaws. The ASMT Senate will coordinate the ASMT Constitution and Bylaws for alleged violation of organizational conduct requirements and may impose sanctions on the student organization/club. The ASMT Senate or any sponsoring administrative or academic unit, college, or department will refer allegations of violations of the University’s Code of Conduct to the Dean of Students Office for processing under the Code of Conduct. At the discretion of the Dean of Students Office, allegations of misconduct by a student organization/club or individual students will be managed using the procedures for general misconduct. Additional University sanctions may be issued in addition to, or in lieu of, the process outlined in the ASMT constitution or bylaws.
   4. Responsible Conduct of Research: Research Compliance establishes an administrative process for dealing with misconduct in research and creative activities, or allegations thereof, so that the integrity of research conducted, or services provided at Montana Technological University are maintained, and to provide assurance to federal agencies that the University is in compliance with federal regulations for institutional oversight of misconduct.
   5. Discrimination, Harassment, and Retaliation [INTERIM]: Students are also subject to the Discrimination, Harassment, and Retaliation Policy(ies). The University’s discrimination, harassment and retaliation policies are available online at Discrimination, Harassment and Retaliation policy.
   6. Drug and Alcohol Policies: Students are also subject to all Drug and Alcohol policies as outlined in the Student Code of Conduct, as well as all local, State, and Federal laws.
   7. Professional Program Standards: Students participating in professional programs may also be subject to departmental or program specific codes of conduct. Please see your academic program, college, school or department for more information.
   8. Responsible Use of Electronic Communications Policy, University System Policies, and Montana Tech Policies Related to Student Use of IT Resources: Students are also subject to the various policies related to student use of Information Technology resources. These policies are available online at IT policies.
   9. Parking Rules and Regulations: Students are required to follow all parking rules and regulations.

1. A referral is made to the Dean of Students Office or designee. The designated staff member receiving the referral will begin a preliminary investigation to determine if an alleged violation has occurred. If a determination is made that no violation occurred, then the referral is closed. If the determination is made that an alleged violation may have occurred, then the investigation continues.
2. A student or students will be notified via their student email account that a report has been received and their attendance to discuss this report is requested. The student will be presented with the charge(s) that are being investigated as well as their rights through the conduct process. In cases involving student groups or organizations, the lead student representative of the organization (usually the president or similar position) will be notified and participate on behalf of the group unless the participation of additional group members is requested by the University. This is known as the Preliminary Meeting for the conduct process.
3. At this time, the student can choose to meet with a hearing officer to discuss the report and what evidence they have to share. This meeting is known as the Findings Meeting.
   1. The Findings Meeting must occur within ten (10) working days of the Preliminary Meeting unless the University provides notice and reasonable explanation for a delay or alternate arrangements are made that are agreeable to both parties.
   2. During the Findings Meeting, the student will have the opportunity to review relevant evidence and have an opportunity to respond to the evidence and charges. The student will also have the opportunity to present additional evidence or witnesses if applicable. Both parties are allowed to ask questions of each other and seek clarification.
   3. If the student does not show for the Findings Meeting, the charges are accepted as outlined in the notice letter and appropriate sanctions will be imposed. The student is notified of the findings and the sanctions (if applicable) and loses the right for further appeal.
4.  After completing the Findings Meeting, the hearing officer will complete their investigation and determine if there is a violation of the Code of Conduct or not, as well as impose appropriate sanctions.
   1. In cases involving a student group or organization, the conduct officer may also consider if:
      1. The alleged violation originates from an activity or event officially or unofficially/informally supported, arranged, funded, or approved by the group.
      2. The alleged violation occurs on University property or property owned or operated by the group or organization.
      3. The alleged violation would likely not have occurred if not for the involvement of or student’s connection to the group or organization.
      4. A leader or member within the group is aware that a violation is likely to take place and fails to intervene or rectify the situation before it occurs.
      5. There is a presence of a recurring pattern of individual violations that have taken place without adequate supervision, correction, or sanctions by the group.
      6. The group or organization is formally or informally using resources and privileges granted to them based on their affiliation with the University to influence the action of group members (or themselves) in a way that violates the student code of conduct.
5. The Hearing Officer summarizes the findings and recommended sanctions (if applicable) in a Findings Letter that is sent to the student via their student email account. This letter includes findings for each individual charge, a statement of evidence that informed that decision, and a list of sanctions.
   
   Except for interim action that may be taken by the University, disciplinary sanctions are not imposed until the final resolution of the charges or until the deadline for a final appeal has passed. If interim action has been taken in the matter, the interim action remains in place until the appeal of the final resolution has been exhausted, the deadline to appeal has passed, or the respondent indicates they do not intend to appeal the final resolution.

1. The student or student organization has three (3) options in response to the outcome of the Findings Letter:
   1. To accept the findings and the sanctions issued;
   2. To not accept the findings and/or the sanctions issued and commence the appeal process; or
   3. To not respond at all. The student has five (5) working days to respond to the Findings Letter after being issued.
2. If the student or student organization signs the Findings Letter that they are accepting the outcome, the case is closed, and sanctions are imposed. A copy of the letter is kept on file by the Dean of Students Office and a copy is given to the student.
3. If the student or student organization does not accept the Findings Letter or sanctions, the student can request the case be transferred to the next appellate authority. The student also needs to submit a statement indicating their reason for appealing. (See criteria for Appeal in the Student Code of Conduct.)
4. If the student or student organization chooses not to sign or respond to the Findings Letter within five (5) working days, the findings and sanctions are accepted, and the student loses the right to appeal the case further. This letter is kept on file by the Dean of Students Office and a copy is provided to the student.

Sanctions for violating the Student Code of Conduct may include one of more of the following:

1. Disciplinary Warning: The student or student organization is warned that further misconduct may result in more severe disciplinary sanctions.
2. Disciplinary Probation: The student or student organization may continue attending/engaging at the University but is subject to restrictions and/or conditions imposed by the University for a specified period of time. Further violation of the Code while under disciplinary probation will result in more severe sanctions including possibility of expulsion or suspension of group status.
3. Suspension: The student or student organization is separated from the University for a specified period and may also be excluded from participation in University-sponsored activities. For student organizations, there is a loss of University privileges including, but not limited to, restriction from use of University financial processes, vehicle rentals under the University Policy, use of University property to host meetings/events, and use of other University granted resources. Organizations recognized by the Associated Students of Montana Tech (ASMT) may face additional action at the discretion of ASMT.
   
   1. Readmission: Readmission to the University after suspension for general misconduct is dependent upon the student’s compliance with the conditions of the suspension and the student’s fitness to return to the campus community. These decisions are made by the Dean of Students Office upon consultation with appropriate campus officials and/or community members. In some cases, appropriate documentation may be required for readmission. Upon readmission, the student may be placed on disciplinary probation for a designated period of time with required conditions and expectations of behavior.
4. Expulsion: Involuntary removal of student status indefinitely. This may also include exclusion from any and all University-owned and/or controlled property, events, or activities.
5. Restitution: The student or student organization is required to make payment to the University and/or another person or entity for actual financial loss resulting from a Student Code of Conduct violation.
6. Withholding or Revocation of a Degree: A degree is withheld, or a previously awarded degree is rescinded. This sanction may be imposed when a person who is no longer enrolled is found to have violated the Code during the time of enrollment, and the proper sanction would have been expulsion (see Article I, Section B “Definitions of Student”).
7. Other Sanctions: In addition to or in place of the above, other sanctions may be imposed such as eviction from University housing, restriction or banning from certain on-campus facilities, restriction or prohibition from attending campus events or participating in campus activities, loss of privileges and/or group recognition, and requirements to attend and complete classes, programs, workshops, and/or counseling sessions. Details of the terms of the sanction will be provided to the student in writing.

Committing any act prohibited by this Code may result in suspension or expulsion from the University unless specific and mitigating factors are present. Potential mitigating factors include but are not limited to:

1. The attitude of the student;
2. Disciplinary history;
3. The nature of the offense; and
4. The severity of any damage, injury, or harm resulting from it.

If a student or student organization wants to appeal the findings and/or sanctions against them, they have the right to do so as long as it is based on at least one of the following criteria:

1. A procedural error; the hearing officer did not follow procedure in conducting the initial meetings;
2. New evidence or witness has been discovered that was not reasonably discoverable during earlier proceedings, since the findings meeting was held; or
3. Excessive sanctions are issued in relation to the behavior or violation in question and the respondent’s conduct history.

If a student feels one or more of these criteria exist, they should submit a statement to the Dean of Students Office. This statement will be reviewed by the Dean of Students Office to ensure at least one of the criteria is met and then initiate a meeting for the student and the appellate officer/group. (In cases in which the Dean of Students was the hearing officer, the student’s statement/appeal will be submitted directly to the Student Judicial Appeals Board by the Dean of Students for consideration.) The appeal process follows:

1. Cases that are heard by Montana Tech Residence Life staff are appealed to the Dean of Students, or designee.
2. Cases that are heard by Student Affairs staff are appealed to the Dean of Students, or designee.
3. Cases that are heard by the Dean of Students are appealed to the Student Judicial Appeals Board.

Upon completion of the appeal procedure noted above, the student may seek further administrative review by the Commissioner of Higher Education and the Board of Regents pursuant to Montana University System Policy and Procedures Manual, 203.5.2.

If a student wants to appeal the findings and/or sanctions that were determined by the Dean of Students, they may do so via the Student Judicial Appeals Board if at least one of the criteria noted above exists.

1. Composition - The Student Judicial Appeals Board will be comprised of the Provost/Executive Vice Chancellor, the Chair of the Faculty Senate, two students appointed by the Associated Students of Montana Tech (ASMT), two faculty members and two staff members (appointed by the Chancellor), and a designee from the Dean of Students Office as an ex-officio member and resource person. There is no official “chair” of the committee. During hearings “chair” responsibility could fall on any committee member and designation of “chair” is determined at the hearing. The Board may uphold, alter, or overturn the original findings and/or sanctions, or make any other recommendations deemed advisable.
2. Appeal Review Procedures - Appeals to the Student Judicial Appeals Board must be initiated by the student within ten (10) days immediately following the decision of the Dean of Students. Students may initiate an appeal by contacting the Dean of Students Office.
   1. A procedural error; the hearing officer did not follow procedure in conducting the initial meetings;
   2. New evidence or witness has been discovered that was not reasonably discoverable during earlier proceedings, since the findings meeting was held; or
   3. Excessive sanctions are issued in relation to the behavior or violation in question and the respondent’s conduct history.
3. Denial of Appeal - The Board, after examining the appeal submitted based upon one or more of the criteria questions, may find that there is no basis upon which to grant an appeal hearing. In this instance, the Chair of the Board or the Dean of Students Office representative will notify the student in writing of the Board’s determination. A copy of this notification will also be sent to the Dean of Students Office.
4. Acceptance of Appeal - If the Board determines that grounds for appeal have been met, the Chair of the Board or the Dean of Students Office representative will notify the student and the decision maker that it has accepted the appeal and schedule a hearing date and time. The Provost/Executive Vice Chancellor will identify and designate and appropriate person to present the case for the University. This person will typically be the Dean of Students; however, it may be another University official, staff member, attorney or other designees. The respondent and complainant (if applicable) will be notified of the identity of this person at three (3) business days before the hearing.
5. Procedures / Deliberations:
   1. Notification and Scheduling - When the Student Judicial Appeals Board determines grounds for appeal have been met, the Chair of the Board or the Dean of Students Office representative will schedule a hearing date, time, and location. Notice of the date, time, and location of the hearing will be provided to the student and any other relevant parties (e.g., complainant). The appeal hearing is typically scheduled to take place within thirty (30) working days of the appeal submission, unless extenuating circumstances exist as determined by the Chair.
   2. Representation - A student appealing to the Appeals Board may be accompanied by one advisor and/or an attorney (who is not a party to the case or a potential witness) for personal advice, consultation, and/or support during the appeal hearing. However, only the student, and not the advisor or attorney, may speak on the student’s behalf during the hearing. A student who intends to bring an attorney to an appeal hearing must notify the Chair of the Board in advance of the meeting so the University may make the appropriate arrangements, which could include having a University attorney present.
   3. Privacy - All hearings are closed to the public to protect the privacy rights of involved parties.
   4. Hearing Procedures - Although the exact structure and flow of each hearing may vary, in general, Student Judicial Appeals Board hearing proceedings will include the following with the Chair conducting the hearing in an orderly manner:
      1. Introduction of all parties.
      2. Statement of the charges and findings/sanctions against the respondent.
      3. Presentation of the University’s case, including an opening statement, evidence, and any witnesses. (The designated University official, typically the Dean of Students, will present the case on behalf of the University, including evidence and/or witnesses.)
      4. Presentation of the student respondent’s case (by the student), including an opening statement, evidence, and any witnesses.
      5. Opportunities throughout for the respondent to ask questions, for the University presenter to ask questions, and for Student Judicial Appeals Board members to ask questions.
      6. Closing statements.
      7. Formal rules of evidence (such as in legal proceedings,) do not apply. The Chair decides the admissibility of evidence and rules on procedural issues.
   5. Recording and Platform - Hearings are audio recorded at University expense, and this recording serves as the official record. No other recordings are permitted. The hearing may be held in person or remotely via platforms such as Zoom/Teams at the Chair’s discretion.
   6. Appeals Board Deliberations - (All parties other than Board members are excused).
      1. The deliberations of the Conduct Board will include two distinct phases: 1. Findings: Whether the student violated any standard(s) of the Code of Conduct. 2. Sanctioning: Appropriate sanction(s) should the student be found in violation.
   7. Decision - The Board is charged with rendering a decision about findings and/or sanctions within five (5) working days after the close of the hearing. The Board’s decision is reached through majority vote, and the Chair and ex-officio member are eligible to vote. The Chair or ex-officio member will draft a written decision on behalf of the Board that includes:
      1. Findings for each specific charge, including a statement of reasons for the decision(s).
      2. A description of the sanctions (if applicable).
   8. Notification of Decision - The Board’s written decision is provided to the respondent and the Dean of Students Office for review. 
   9. Failure to Appear for a Student Judicial Board Hearing - A respondent who fails or refuses to appear after proper notice of a Student Judicial Appeals Board hearing is considered to have waived their rights to be heard by the Board. In this case, the University will find the student to be in violation of the Code of Conduct as charged and will impose the disciplinary sanctions specified in the statement of charges.
   10. Hearing Officer Option - If a case is appealed to the Student Judicial Appeals Board during a time when the Board will not be able to hear the case within a reasonable period of time (e.g. between semesters, during the summer, during other academic breaks), the Chancellor of the University (or designee) may, when it appears to be in the best interest of the University and/or the student(s) involved, appoint an impartial Hearing Officer to conduct the appeal hearing following the general procedures described in this Code.

The University reserves the right to take necessary and appropriate interim action to protect the safety and well-being of the campus community.

A student or student group or organization may be temporarily suspended from the University, evicted from University Housing, prohibited from being on campus property, restricted or prohibited from attending/hosting campus events, and/or restricted in other ways by the Dean of Students Office or designee pending University disciplinary proceedings.

If there is evidence that the student’s continued presence on campus, at certain activities, or at certain locations, constitutes an immediate threat to others or to the continuance of normal University operations, or if a student is facing criminal charges, interim suspension, eviction, and/or restrictions may be imposed effective immediately and without prior notice.

Right to Hearing: In cases of interim suspension, eviction, or restriction, the student may appear before the Dean of Students or designee, within five (5) working days from the effective date of interim action to discuss the following:

1. The reliability of the evidence against the student.
2. Whether the alleged conduct and surrounding circumstances reasonably indicate that the student’s presence on campus constitutes a threat to others or to the continuance of normal University operations.

The Dean of Students or designee will determine if the interim action will continue. In cases where the interim suspension, eviction, or restriction is issued by the Dean of Students, the student may appear before the Provost/Executive Vice Chancellor to appeal the interim action(s).