64 NSU STUDENT HANDBOOK 2023-24 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. 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.
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