60 NSU STUDENT HANDBOOK 2022-23 cohabiting and who have never cohabited; 3) Domestic violence includes domestic abuse as defined in SDCL ch 25-10 that occurs between persons involved in a romantic relationship as defined in SDCL § 25-10-3.2 who are cohabiting and who have cohabited; 4) Sexual assault includes rape as defined in SDCL § 22-22-1; sexual contact with a minor as defined in SDCL § 22-22-7; sexual contact as defined in SDCL § 22-22-7.1 without consent as set forth in SDCL § 22-22-7.4 or with a person incapable of consenting as set forth in SDCL § 2222-7.2; and attempts to commit such offenses as defined in SDCL § 22-4-1; and 5) Stalking includes stalking as defined in SDCL ch 22-19A. SOURCE: BOR December 2013; BOR June 2014; BOR June 2015; BOR August 2020. SOUTH DAKOTA BOARD OF REGENTS POLICY MANUAL 3:4 SUBJECT: Student Code of Conduct A. PURPOSE To establish the expectations of student conduct, the process for determining when there is a violation of the conduct code, and the appeals process available when a violation is found. B. DEFINITIONS 1. Advisor: A person of the student’s choosing who has agreed to advise a student throughout the student conduct process. The advisor may be a faculty member, staff member, student, attorney, family member, or anyone else. The advisor is limited to advising the student directly, and is not permitted to speak to anyone else, or participate directly, in any hearing. Students should choose an advisor who is available to attend any scheduled meetings or hearings because advisor availability is not considered in scheduling meetings or hearings. 2. Appellate Board: Any person or persons authorized by the institutional president to consider an appeal from the chair’s determination that a respondent has or has not violated the Student Code or from the conduct sanctions imposed by the Student Conduct Officer. 3. Board Policy: The written policies of the South Dakota Board of Regents contained in the policy manual. 4. Chair: The Student Conduct Officer or the senior student affairs officer who: 4.1. Is a member of the Student Conduct Panel; 4.2. Is responsible for the proper operation of the hearing; and 4.3. Has sole discretion to determine whether a Respondent has violated the student Code, and if so, to impose appropriate sanctions. 5. Complainant: An individual who was allegedly injured by an alleged violation of the Student Code by a respondent. 6. Day: Monday through Friday, except for holidays and other times when the Institution’s administrative offices are closed. 7. Faculty Member: Any person hired by the institution to conduct classroom or other academic activities. 8. FERPA: the Family Educational Rights and Privacy Act of 1974, as amended.
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