61 NSU STUDENT HANDBOOK 2022-23 9. Human Rights Violations: Violence, Harassment, Stalking, Discrimination, and Retaliation under this Student Code not constituting Sexual Harassment as defined by section 2.4.6 below. 10.Institution: Black Hills State University, Dakota State University, Northern State University, South Dakota School of Mines and Technology, South Dakota State University, and University of South Dakota. 11. Institutional Official: Any person employed by the institution, performing assigned administrative or professional responsibilities. 12. Institutional Premises: All land, buildings, facilities, and other property in the possession of, or owned, used, or controlled by, the Institution, including adjacent streets and sidewalks. 13. Member of the Institutional Community: Any person who is a student, faculty member, institutional official, any person employed by the institution, a volunteer, or guest. A person’s status in a particular situation shall be determined by the senior student affairs officer. 14. Notice: Notice required by this Student Code shall be provided in writing via email to the student’s official institutional email account. Notice is deemed received the Day after it is sent by email. 15. Organization: Any student group that has been granted institutional registration or recognition. 16. Policy: The written regulations of the institution as found in, but not limited to, this Student Code, the Residence Life Handbook, the Graduate and Undergraduate Catalogs, and other official publications. 17. Reasonable Person: A reasonable person under similar circumstances and with similar identities as the complainant. 18. Respondent: A student or organization that is alleged to have violated the Student Code. 19. Senior Student Affairs Officer: That institutional official exercising primary authority over institutional student affairs programs and operations, or designee. 20. Student: All persons taking courses from the institution, both full-time and part-time, enrolled in undergraduate, graduate, professional or special topic courses, whether credit- bearing or not. 21. Student Code: The Student Code of Conduct contained in this Board Policy 3:4. 22. Student Conduct Panel: The panel that hears formal hearings. 22.1.This panel can take the following forms: 22.1.1. Option 1 – only the Student Conduct Officer; 22.1.2. Option 2 – the Student Conduct Officer and any institutional employee or employees or independent contractor authorized by the senior student affairs officer to determine whether a student has violated the Student Code and to recommend imposition of conduct sanctions; 22.2. For matters involving allegations of academic misconduct, the student conduct panel must include at least one faculty member or academic administrator appointed by the Provost in the form described in Option 2 above. 23. Student Conduct Officer: Any institutional official authorized by the Senior Student Affairs Officer to: 23.1. Informally resolve an allegation by determining the facts and, if a violation is found, imposing a conduct sanction without the assistance of a Student Conduct Panel; OR 23.2. Serve as chair of the Student Conduct Panel;
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