Student Conduct Code - Definitions
 

8.020. Definitions. Unless the context clearly requires otherwise, these terms will be accorded the following meanings.

1.  The term "attempting to commit an act" means when a student or student organization, with the purpose of committing an act, takes any action that is a substantial step toward the commission of the act.

2.  The term "calendar day" means any recognized day of a year.

3.  The term "complainant" means a member of the University community, visitor or guest who files a written complaint with the University alleging that a student or student organization has violated the Student Conduct Code.

4.  The term "conduct hearing board" means a committee appointed by the Dean of Student Affairs to determine whether a student or student organization has violated the Student Conduct Code and, if a violation is found, to recommend the imposition of sanctions.

5.  The term "Conduct Officer" means any person authorized by the Dean of Student Affairs to implement the provisions of the Student Conduct Code and to provide assistance for any person involved in its operation.  In most situations, the Conduct Officer is the Assistant Dean of Student Affairs for Citizenship and Community Standards.

6.  The term "Dean of Student Affairs" means the person designated by the President of the University to be responsible for the administration of the Student Conduct Code.

7.  The term "faculty member" means any person hired by the University to conduct classroom activities, to supervise other academic credit experiences, or other learning/teaching activities.

8.  The term "health" means physical or mental well-being.

9.  The term "information" means any witness testimony, documents, statements, or tangible material presented at a hearing or in the course of an investigation of an alleged conduct violation. 

10.The term "in violation" means that the student or student organization has been found responsible for a violation of the Student Conduct Code.

11.The term "joint hearing" means any hearing at which two or more students or student organizations are accused of violating one or more provisions of the Student Conduct Code.

12.The terms "may" and “should” are used in the permissive sense.

13.The term "member of the University community" includes any person who is a student, administrator, faculty member, staff member, University official, or any other person employed by the University. A person's status in a particular situation will be determined by the Dean of Student Affairs.

14.The term “more likely than not” is the campus standard of proof.  It is equivalent to the legal standard of "preponderance of evidence.”  The campus standard requires that a student or student organization will not be found in violation of the Student Conduct Code unless the information would lead a reasonable person to conclude that it is more likely than not that the accused student’s actions violated the Student Conduct Code.

15.The terms “must” and “will” are used in the imperative sense.

16.The term "not in violation" means that the student or student organization has not been found responsible for a violation of the Student Conduct Code.

17.The term "officer" means a person in a student organization who holds an elected or appointed leadership position in that organization.

18.The term “paraphernalia” includes any object that contains the residue of (a) alcohol or (b) an illegal drug or (c) any object that is used in the consumption or distribution of an illegal drug. Examples of “a” include, but are not limited to a beer bong and empty alcoholic containers.  Examples of “b” include, but are not limited to a marijuana pipe, bong, or blow tube.  An example of “c” is a scale used in measuring quantities of an illegal drug.

19.The term "policy" or "policies" means the written regulations of the University as approved by the Board of Governors, the President of the University, or other University officials, and as set forth in general publications such as, but not limited to, the bylaws and policies of the Board of Governors, general/graduate bulletins, student handbooks, residence life handbooks, student organization recognition agreement, vehicle rules and regulations, or in special announcements about specific issues which are openly and fairly made available to students and student organizations.

20.The term "prior record" means that the accused student or student organization engaged in acts prior to the incident in question which violated the Student Conduct Code. A prior record includes, but is not limited to, past action taken for misconduct, any previous conduct hearing, documents sent to an accused student or student organization concerning any act of misconduct, and informal hearing records. A finding of "in violation" of the Student Conduct Code will be considered a prior record even if a review of the finding and/or sanction is pending. A prior record can only be used in recommending or determining sanctions and will not be revealed during the hearing process except as outlined in the Special Provisions section below.

21.The term “sanctions” means the consequences and remedies imposed by the Office of Citizenship and Community Standards when a student is found to have violated the Student Conduct Code.

22.The term "sanctioned by an officer" means a student organization and its officers may be held collectively or individually responsible when violations of this Code by those associated with the organization have received the tacit or overt consent or encouragement of the organization or the organization’s leaders, officers, or spokespersons.

23.The term "student" or "students" include all persons taking or auditing classes at the University, both full-time and part-time, pursuing undergraduate, graduate, or professional studies; matriculated in any University program; and those who attend post-secondary educational institutions other than Truman State University and who reside in University residence halls. Persons who are not officially enrolled for a particular term, but who have a continuing relationship with the University, are considered “students.”

24.The term "Student Conduct Code" means the policy in this chapter of the Code of Policies of the Board of Governors establishing rules for the conduct of students at Truman State University.

25.The term "student organization" means (a) any number of persons who have applied for recognition/registration as a student organization by the University or (b) any number of persons who have complied with the formal requirements for University recognition/registration as a student organization.

26.The term "University" means Truman State University.

27.The term "University conduct system" means the processes and entities created in this chapter to implement the provisions of the Student Conduct Code.

28.The term "University official" means any person employed by the University performing assigned administrative or professional responsibilities. This term specifically includes residence hall Student Advisors.

29.The term "University premises" includes all land, buildings, facilities, and other property owned or controlled by the University.

 

Cross-reference: Sections 5.070 and 7.020 of the Code of Policies of the Board of Governors.