LSUS Student Handbook

Student Rights and Responsibilities

Student Conduct Code

(Adapted from the Louisiana State University Agricultural and Mechanical College Student Conduct Code)

SECTION 1. GOVERNANCE OF THE UNIVERSITY

Under the provisions of Article VIII of the Constitution of Louisiana, Revised Statutes 17:3351, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College has the authority to exercise all powers to direct, control, supervise, and manage all institutions of higher learning under its control, including Louisiana State University in Shreveport. The disciplinary powers of the university are derived from the provisions of Louisiana Revised
Statutes 17:3351, which grants to the Board of Supervisors the specific power "..... to adopt, amend, or repeal rules and regulations for the government and discipline of students." The Bylaws and Regulations of the Board of Supervisors provide the chancellor with the authority to administer the affairs of the campus, subject to the direction and control of the President of the LSU System and the Board of Supervisors; therefore, authority to take all reasonable actions necessary to accomplish the university's educational mission has been delegated to the chancellor.

SECTION 2. STATEMENT OF POLICY

The university has the legal right to establish standards for academic and personal conduct and membership and continued membership in the university community; to deny membership to those applicants who do not meet these standards; and to impose disciplinary sanctions and/or conditions on students who are determined to be responsible for violating these standards.

Counseling students is a part of the educational process, and discipline is a part of the university's counseling program. As a consequence, the university has long held that the counseling involved in student discipline is an integral part of the university’s overall effort in accomplishing its educational objectives. It is the prerogative of the university, through the faculty, administrators and other employees, to make decisions concerning the application of general policy statements and procedures to students under specific sets of circumstances. In making these decisions, both the rights of the student and the needs of the university in accomplishing its educational goals and mission must be considered.

SECTION 3. DEFINITIONS

3.1.	Chair of the Student Conduct Board. A faculty member elected by and from the membership of the Student Conduct Board.

3.2.	Chancellor. The chancellor of Louisiana State University in Shreveport. The chancellor may delegate the authority to perform any of the duties assigned to him or her in this code.

3.3.	Vice Chancellor for Student Affairs. The vice chancellor for student affairs of Louisiana State University in Shreveport. The vice chancellor may delegate the authority to perform any of the duties assigned to him or her in this code.

3.4.	Dean of Students. The dean of students of Louisiana State University in Shreveport. The dean of students may delegate the authority to perform any of the duties assigned to him or her in this code.

3.5.	Disciplinary Hearing (Hearing). The entire process described in Section 9 of this code.

3.6.	Misconduct. Any action by a student which endangers or threatens to endanger the health or safety of the university community or the educational mission of the university, including but not limited to committing or participating in any act or omission which gives any student an unfair advantage over another student. Supplemental definitions are given in Section 5 of this code.

3.7.	Person Bringing the Charge. The LSUS student, faculty or staff member who makes a formal charge of misconduct against a student under the provisions of this code. The “person bringing the charge” need not be a witness to or victim of the misconduct; however, he or she must have reasonable cause to believe a violation of this code may have occurred. When the person bringing the charge is an employee of the university, he or she shall be considered to be acting as an agent of the university in bringing the charge. The dean of students may designate a faculty member to bring charges against a student on behalf of the university.

3.8.	Regular Semester. Either the fall or the spring semester.

3.9.	Summer Term. The entire period of instruction between the spring and fall semesters.

3.10.	“F.” The grade of "F" does not earn quality points. This grade is given for work failed.

SECTION 4. STUDENT CONDUCT BOARD

4.1.	Membership of the Student Conduct Board
	4.1.1. The Student Conduct Board shall be comprised of five faculty members, one from each college and the library, and two students. Five members shall constitute a quorum. Should faculty members or students be unable to attend a hearing, faculty substitutes may be appointed from the Faculty Senate Executive Committee and student substitutes may be appointed from the SGA Executive Committee. 4.1.2. The faculty members will be appointed by the Faculty Senate and will serve five-year terms. Two students will be appointed by the Student Government Association and will serve one-year terms. These students must be in good standing as defined by the university. The Faculty Senate President serves ex-officio. The faculty terms will be staggered so that no more than one faculty member will rotate off each year.

4.2.	Duties of the Student Conduct Board
	4.2.1. To consider formal charges of student misconduct referred by the dean of students. 4.2.2. To review periodically the provisions of the Student Conduct Code and to make recommendations to the Student Affairs Committee for changes when such changes are considered to be in the best interest of the university.

SECTION 5. MISCONDUCT

5.1.

Academic Misconduct. Academic misconduct represents a most serious and reprehensible type of student misconduct; therefore, the university must make a determined effort to prevent its occurrence. Committing, participating, or benefiting from any act or omission which gives any student an unfair academic advantage over another student constitutes academic misconduct. Each instructor must report all suspected academic misconduct to the dean of students in accordance with the provisions of this code. Consistent with this obligation, Section 6.4 of this code states “. . . no university disciplinary sanction shall be imposed upon a student except in accordance with the provisions of this code. . .” Thus, it is contrary to university policy for an instructor to assign a disciplinary grade, such as an “F” or zero on an assignment, test, examination or course as a sanction for admitted or suspected academic misconduct in lieu of formally charging the student with academic misconduct under the provisions of this code. Although all academic misconduct is reprehensible, premeditated acts of academic misconduct represent a greater threat to the integrity of the university than do unpremeditated acts of academic misconduct. For purposes of filing formal charges, the student alleged to have committed academic misconduct will be charged with premeditated academic misconduct. The Student Conduct Board, upon hearing evidence, may reduce the charge to unpremeditated. The following definitions of and distinctions between unpremeditated and premeditate academic misconduct are established.

5.1.1. Unpremeditated academic misconduct is an act or omission of academic misconduct taken without advance contemplation, prior determination, planning or full understanding that the act or omission is considered academic misconduct: e.g., on the spur-of-the-moment, seizing the opportunity to cheat; collaboration to a greater degree than is permitted in a particular situation; and careless or incomplete documentation of sources.

5.1.2. Premeditated academic misconduct is an act or omission of academic misconduct which grows out of advance contemplation or meditation, prior deliberation or planning which may, but not necessarily, include the preparation of a written plan or notes. Although prior thought and planning need not exist for any particular period of time before it is carried into effect.

5.1.3. The following are non-exclusive, specific examples of academic misconduct:

(i)	Copying from another student's test paper;
(ii)	Allowing another student to copy from a test paper;
(iii)	Using unauthorized materials or documents. Having such forbidden material open and in sight or otherwise readily accessible to the student will be considered prima facie evidence of use;
(iv)	Collaborating during a test or on any assigned work with any other person by giving or receiving information without authority;
(v)	Using prepared materials, e.g., notes, formula, lists or notes written on student's clothing or body, during a test without express authority from the instructor. Bringing such forbidden material to a test will be considered prima facie evidence of use or attempted use;
(vi)	Stealing, buying or otherwise obtaining, all or part of an unadministered test, including answers, or an administered test, including answers, for which the faculty member has not authorized release as a study guide;
(vii)	Selling or giving away all or part of an unadministered test, including answers, or an administered test, including answers, for which the faculty member has not authorized release as a study guide;
(viii)	Bribing or coercing any other person to obtain an unadministered test, including answers, or information about an unadministered test or an administered test, including answers, for which the faculty member has not authorized release as a study guide;
(ix)	Substituting for another student, or permitting any other person to substitute for oneself, to take a test or perform assigned work;
(x)	Failing to thoroughly follow instructions related to the preparation and presentation of work submitted for credit in a manner that results in submitting as one’s own the work of another or misleading faculty members as to the condition under which the work was prepared, e.g., working with another on a project that was to be done individually; using material prepared outside of class on an in-class assignment;
(xi)	Submitting as one's own, in fulfillment of any academic requirement, any work prepared totally or in part by another such as, but not limited to, a theme, report, term paper, essay, computer software, computer program, computer file, painting, drawing, sculpture or other scholastic work;
(xii)	Any selling, giving or otherwise supplying to another student for use in fulfilling an academic requirement any theme, report, term paper, essay, computer software, painting, drawing, sculpture or other work;
(xiii)	Breaking in and/or entering a building or office for the purpose of changing a grade on a test paper or on other work for which a grade is given, in a grade book, in a computer file or in any other form of student record;
(xiv)	Changing, altering or participating in the changing and/or altering a grade;
(xv)	Proposing and/or entering into an arrangement with an instructor to receive a grade of "F" or any other reduced grade in a course, on a test or any other assigned work in lieu of being charged with academic misconduct under the Student Conduct Code;
(xvi)	Bribing, threatening or otherwise attempting to improperly influence a faculty or staff member to alter a grade or other academic record;
(xvii)	Plagiarism which is generally defined as the unacknowledged inclusion, in work submitted for credit, of someone else's words, ideas or data. When a student submits work for credit that includes the words, ideas or data of others, the source of this information must be acknowledged through complete, accurate and specific footnote or comparable references and, if verbatim statements are included, through quotation marks as well. Failure to identify any source, published or unpublished, copyrighted or uncopyrighted, from which information, terms, phrases or concepts have been taken, constitutes plagiarism. Students should also take special note that failure to acknowledge study aids such as Cliffs Notes, encyclopedias or other common reference books also constitutes plagiarism. Generally accepted facts or ideas found in a wide variety of sources do not need documentation; any interpretation of those facts; however, does require documentation. For example, if an author mentions the birth date of Abraham Lincoln or writes that natural selection is the basic principle of Darwin’s theory of evolution, a student who used the information would not need to supply documentation. But if an author argued that Lincoln’s birth date was the most important event in the nineteenth century or that natural selection has settled once and for all the question of how life evolved, a student who used these ideas would need to document them. If there is any doubt about whether the information lies in the realm of common knowledge, students should always document. By placing his or her name on work submitted for credit, the student certifies the originality of all work not otherwise identified by appropriate acknowledgments;
(xviii)	Attempting to commit, or assisting or participating in the commission of an offense listed above;
(xix)	Other acts of academic misconduct or dishonesty not listed above.

5.2.

Misconduct Other Than Academic Misconduct. To protect the university's educational purposes and the university community, a student may be formally charged with a violation of this code and will be subject to sanctions for committing or participating in any act or omission which is detrimental to the health, safety or property of another or of the university. Offenses for which students may be charged include, but are not limited to the following:

5.2.1. Conviction of a crime; or formally charged with a crime or there is substantial evidence that a crime has been committed of such nature that the student's continued presence at the university is potentially dangerous to the health, safety or property of the university community;

5.2.2. Assault, battery, threats or any form of coercion or abuse;

5.2.3. Hazing, defined as the intentional commission of an act by an individual or a group of physically or mentally abusing or harassing another person or creating a situation which produces physical hurt or discomfort, emotional distress, embarrassment or ridicule of another person, occurring on or off campus. All individuals who participate in hazing, including those being hazed, may be charged and found responsible. Hazing may include, but is not limited to the following actions: transporting an individual against his or her will; branding or marking anyone or threatening a person with such action; preventing sleep, rest or class attendance; forcing anyone to drink or eat against his or her will; requiring acts of servitude; placing anyone in actual or simulated peril or jeopardy of health; staging any form of line up; paddling or striking in any manner; causing anyone to break the law; making anyone engage in public stunts of buffoonery; dressing anyone against his or her will in uncomfortable or embarrassing dress; ordering forced physical stunts, calisthenics, treasure hunts or quests; blindfolding for any purpose; conducting a hell week; confining someone against his or her will; any actions that are in violation of local, state, or federal law;

5.2.4. Any act of arson;

5.2.5. Bribing, threatening or otherwise attempting to improperly influence a university employee to alter a university record or violate university policy, procedure or regulation;

5.2.6. Abusing, stalking, harassing, or threatening another through any medium to include verbal, written and/or electronic communications;

5.2.7. Sexual harassment of a university employee or student;

5.2.8. Disruption of, obstruction of or interference with teaching, research, administrative operations or other university services or university sponsored or cosponsored activities, programs or events;

5.2.9. Tampering with or removing from its proper location, fire extinguishers, hoses or other fire, safety or emergency equipment, except when done with a reasonable belief of real need for such equipment;

5.2.10. Delaying, obstructing or resisting a person who identifies himself or herself as a member of the faculty, university administration or staff, campus police or other law enforcement or fire protection agency in the performance of his or her duty;

5.2.11. Rioting, inciting to riot, assembling to riot, raiding, inciting to raid and assembling to raid university units;

5.2.12. Falsely reporting a fire or other emergency; falsely setting off a fire alarm;

5.2.13. Consumption and/or possession of food, tobacco product or drink in prohibited areas, such as labs or the library;

5.2.14. Falsely reporting the presence of an unlawful explosive or incendiary device with the intent to mislead, deceive or disrupt the operation of the university or a scheduled event sponsored or cosponsored by the university;

5.2.15. Possession of firearms, ammunition, explosives, fireworks or dangerous weapons in violation of the law, in violation of university rule or policy, or in a manner which may be reasonably construed to threaten or endanger the safety of others;

5.2.16. Vandalism, malicious destruction, damage or misuse of public or private property;

5.2.17. Illegal manufacture, sale, possession, or use of narcotics, barbiturates, central nervous system stimulants, sedatives, tranquilizers, hallucinogens and/or other drugs and/or chemicals;

5.2.18. Forgery, alteration or misuse of university documents to include paper or electronic records or identification cards;

5.2.19. Furnishing false information to the university;

5.2.20. Disruption of on-campus housing through vandalism, excessive noise, practical jokes and/or the violation of other rules and regulations established and promulgated by the housing office;

5.2.21. Willful violation or reckless disregard of the provisions of a housing contract;

5.2.22. Failure to comply with the official regulation or order of a duly designated authority, agency or agent of the university;

5.2.23. Theft, larceny, shoplifting, embezzlement or the temporary taking of the property of another;

5.2.24. Trespassing on university property or continuing to remain on university property after being forbidden;

5.2.25. Lewd, indecent or obscene conduct;

5.2.26. Storing or parking a gasoline-powered motorcycle, motorbike, moped or a container holding gasoline or other highly inflammable liquids inside a university building;

5.2.27. Riding a bicycle on a sidewalk or parking or storing a bicycle in a university building;

5.2.28. Roller skating or skateboarding on university sidewalks or in buildings;

5.2.29. Gambling or gaming in violation of local, state or federal law;

5.2.30. Disorderly conduct, including, but not limited to, appearing in public in an intoxicated or impaired state.

5.2.31. Violation of probation to the Student Conduct Board, the Student Affairs Committee or any other disciplinary board;

5.2.32. Violation of local, state or federal law or of university regulations governing alcoholic beverages or controlled, hazardous or toxic substances;

5.2.33. Failure to register a vehicle as required by the Traffic and Parking Regulations of the university or misuse of a decal;

5.2.34. Operation of a vehicle on campus in violation of a ban imposed under the Traffic and Parking Regulations of the university or other violation of the university's Traffic and Parking Regulations;

5.2.35. Selling or offering for sale stolen property;

5.2.36. The prevention of free flow of pedestrians or vehicles on university-owned property;

5.2.37. Unauthorized entry to or use of any university facilities, including buildings, classrooms, offices and grounds;

5.2.38. Commission of an act, or an attempt to commit an act, on campus that would be in violation of the Criminal Code of the State of Louisiana or of any federal law;

5.2.39. Failure to appear at a disciplinary hearing or meeting when instructed to do so by a university authority;

5.2.40. Attempting to influence the statements or attendance at disciplinary hearings of victims or witnesses by bribery, threats or other improper means;

5.2.41. Using the university network, computer hardware and/or software to commit acts prohibited by the Student Conduct Code and/or in violation of the university’s computer access and usage policy (view policy);

5.2.42. Attempting to commit, or participating in the commission of, any of the foregoing listed offenses;

5.2.43. Falsely reporting or providing a false or misleading statement relative to any alleged crime or violation of the Student Conduct Code;

5.2.44. Intentional or grossly negligent acts or omissions, which terrorize or place another in reasonable fear of their safety or the safety of others;

5.2.45. Making false or misleading statements about another with the intent to embarrass or harm that person or another;

5.2.46. Concealing a violation of this code; and

5.2.47. Other acts or omissions which endanger the health, safety or property of another not listed above.

5.3.

For the purposes of this code, the words “intend” or “intent” means that consequences were either desired or were substantially certain to occur.

SECTION 6. SUBSTANTIVE DUE PROCESS PRINCIPLES

6.1.	Applicable Geographical Jurisdiction. Except as provided in Section 5.2.1 above, university disciplinary action for violation of this code shall be taken only for conduct which takes place in the following areas or situations: 6.1.1. The campus proper; university owned or controlled property, including that leased to others. 6.1.2. University sponsored activities away from the campus proper. 6.1.3. Functions of university chartered organizations, including registered social events of recognized student organizations. 6.1.4. Acts or omissions off campus which involve, threaten or adversely impact a university employee or student.

6.2.	Substantive Due Process. The university, in exercising its disciplinary power, is committed to the principle of substantive due process protection for its students. Substantive due process requires that all university regulations, rules and policies governing student conduct and discipline must be set forth in properly promulgated documents. Substantive due process also requires that regulations affecting the conduct of students and sanctions for misconduct by students shall be based on the general principle of equal treatment, including like sanctions for like violations, without regard to race, color, religion, gender, national origin, age, sexual orientation, disability, marital status, pregnancy, sickle cell trait or veteran's status.

6.3.	*Precedence of this Code.* The Student Conduct Code is the university's basic policy statement governing student conduct and student discipline. Operating units of the university, e.g., academic colleges, academic departments, university housing, University Center, the Athletic Department, etc., may also establish and promulgate conduct standards for the student-department relationship so long as these standards are not inconsistent with the provisions of this code. Under circumstances in which there is an allegation of misconduct which is a violation of conduct standards of operating units and also a violation of the Student Conduct Code, the determination of whether a student is responsible or not responsible for the violation must be made using the process established by this code. A determination of responsibility resulting in the application of a sanction specified in this code does not preclude the application of sanctions under departmental regulations; however, conflict between provisions of operating units conduct standards and the Student Conduct Code will be resolved in favor of the latter.

6.4.	Implementation of Due Process. Consistent with the principle of substantive due process, no university disciplinary sanction shall be imposed upon a student except in accordance with the provisions of this code.

6.5.	Right to Due Process. A student accused of violating a university regulation, including regulations of an operating department, shall be provided have the accusation considered in accordance with the provisions of this code. Any sanction imposed must be consistent with the provisions of this code. Procedural abnormalities or deviations from this code which do not adversely impact the student and do not destroy the fundamental fairness of the process shall not preclude the university from taking appropriate disciplinary action against a student.

6.6.	Right to Advice and Counsel. Students who are being accused and/or considered for discipline by a university employee without the full protection offered under the Student Conduct Code should immediately report same to the Dean of Students. Students may make use of an adviser, as provided in Section 7.2.1 and elsewhere in this code.

SECTION 7. PROCEDURAL DUE PROCESS PRINCIPLES.

The university is committed, in exercising its disciplinary power, to the principle of procedural due process. Procedural due process requires that a disciplinary procedure be established for determining whether a student is responsible or not responsible when charged with violations of specific conduct regulations and that the procedure meet the test of fairness and reasonableness.

7.1.	Student Charged with Misconduct. Students charged with misconduct shall have the right: 7.1.1. To be given notice in writing of the specific charge(s). 7.1.2. To be allowed reasonable time in which to prepare a defense to such charge(s), which is normally interpreted to be at least 72 hours from the time of receipt of the written charge. Circumstances may justify a longer or shorter period. 7.1.3. To have the charge(s) against him or her considered by the Student Conduct Board or to waive the right to a hearing before the Student Conduct Board by requesting that the charge be processed administratively. 7.1.4. Upon request, the accused student shall be given a description of evidence on which the charge or charges are based. If writings or documents are to be introduced as evidence, the student has a right to inspect copies of these writings and documents before the documents are considered. Upon request, the student shall be provided a list of the witnesses who will testify against him or her and a brief statement of the general nature of their anticipated testimony before the hearing. 7.1.5. To be presumed not responsible until proven responsible and to have the Student Conduct Board decide his or her responsibility solely on substantial evidence presented during the hearing, with the person bringing the charge bearing the burden of proof. 7.1.6. To retain all rights as a university student while the charges are being considered, and if found responsible, until he or she has exhausted his or her rights of appeal as established in this code, except as provided by Section 11 of this code. Until all disciplinary proceedings have been completed, a student may not withdraw from any class related to the charge; register for additional classes or for subsequent semesters or terms; receive official grade reports; request official copies of his or her academic record or enrollment verification or graduate. 7.1.7. To request assistance from the dean of students in bringing students or university employees reasonably believed to possess relevant information to the hearing of the Student Conduct Board to serve as witnesses on his or her behalf. The student will be assisted in encouraging witnesses to appear on his or her behalf; however, it should be understood that the dean of students does not have subpoena power to force witnesses to appear on behalf of the student charged with a violation.

7.2.	Rights of the Student During a Hearing. Students charged with misconduct who are appearing before the Student Conduct Board shall have the right: 7.2.1. To appear, alone or with any one other person of his or her choice to advise and assist him or her at his or her hearing before the Student Conduct Board. The person chosen to advise or assist the student may be a relative, a fellow student, a friend, a teacher, an ombudsman or an attorney. The person chosen to advise or assist may not be a witness. The adviser may not address the Student Conduct Board or examine or cross-examine witnesses. The adviser's sole function during a hearing shall be to advise the student before the Student Conduct Board. The adviser is not to act as an agent or proxy for the student; he or she must limit his or her activities to advising the student. 7.2.2. To present evidence in his or her own defense. 7.2.3. To refuse to testify or answer any questions if such testimony or answers would tend to establish against him or her a violation of this code, university departmental regulations or state or federal law. 7.2.4. To be present when evidence against him or her is being presented. 7.2.5. To have an opportunity to conduct reasonable and relevant questioning of the witnesses appearing at the hearing and giving testimony. 7.2.6. To have evidence of a prior formal charge or a determination of responsibility for a violation of the Student Conduct Code excluded as evidence while the Student Conduct Board is deliberating to determine if the student is responsible or not responsible for the present charge unless that evidence is probative to the issue of responsibility for the current charge. If a student is found responsible, such evidence may be considered when the Student Conduct Board is deliberating on the sanction or conditions to be imposed.

7.3.	Rights of the Student who is Found Responsible. Students determined to be responsible for misconduct shall have access to a copy of the audio tape of the hearing proceedings, except the deliberations on responsibility and the sanction or conditions to be imposed, for the sole purpose of preparing an appeal. The student must request in writing that a copy of the tape be made and state in the request that the purpose is for filing an appeal and that the student assumes full responsibility for how the information the tape contains is to be used. The copy of the tape will be prepared at the student's expense. The lack of an audible tape shall not be grounds for an appeal or new hearing.

7.4.	In Absentia Consideration of Charges 7.4.1. A student who is notified in writing at his or her address last known to the university or by electronic mail or who has had the material hand delivered describing the charges against him or her and who fails to respond in accordance with such notification shall be deemed to have forfeited his or her right to respond before the Student Conduct Board and to be present during its deliberations. In case of such failure to appear, the charge will be considered at the next meeting of the board. The chair of the Student Conduct Board shall enter a plea of "not responsible" for the student, and the charges against the student shall be heard in absentia. 7.4.2. Notwithstanding the provisions of Section 7.4.1., if the dean of students determines that the student's failure to appear is due to just cause and is not for the purpose of defeating the process of this code, the dean of students in consultation with the board chair may postpone the hearing or strike the result of a hearing in abstentia. If the hearing is postponed in accordance with this provision, the student's right to appear will not thereby be forfeited.

SECTION 8. DISCIPLINARY SANCTIONS

The listings included in Section 5 are not necessarily arranged in order of severity. Based on the principle of "like sanction for like violation" and the principle of a sanction being commensurate with the violation, the following general guidelines are established for maximum and minimum sanctions for offenses. In addition to or in lieu of sanctions, conditions for continued or future enrollment may be imposed. The following disciplinary sanctions may be imposed by the university for violations of this code:

8.1.	Probation to the Student Conduct Board 8.1.1. Probation may be with or without conditions or stipulation regarding restriction of privileges and can include a letter of reprimand to be placed in the student’s permanent file. 8.1.2. For the purpose of modifying behavior, reasonable forfeiture of privileges may be imposed as a condition of probation during continued or subsequent enrollment at LSUS. In this respect, a student on probation may be required to participate in individual counseling, group counseling, a special program or to perform other reasonable duties or assignments, including community service. 8.1.3. The period of probation may range from one semester to the remainder of the student’s enrollment at the university.

8.2.	Separation from the University 8.2.1. Suspension for the remainder of the semester or summer term. 8.2.2. Suspension for a longer but definite period of time. 8.2.3. Indefinite suspension with a date established for the privilege of applying for readmission; such application to be reviewed and acted upon by the Student Conduct Board. 8.2.4. Expulsion, defined as permanent separation from the university. 8.2.5. A student separated from the university for "the remainder of the semester or summer term," as provided in Section 8.2.1 above, shall receive a grade of "W" in all classes in which he or she is enrolled for that semester, except as provided in Sections 8.5 through 8.13 of this code. 8.2.6. A student may be separated from the university with or without the right to petition to return. Conditions may be placed on a student’s ability to return.

8.3.	University Intervention Program. Under unusual circumstances in cases involving academic misconduct, the Student Conduct Board may recommend in writing that the sanction imposed in accordance with this provision be suspended, on the condition that the student successfully fulfills all conditions of the University Intervention Program. To be eligible, a student must: 8.3.1. Plead guilty to the charge and accept accountability for his or her actions. 8.3.2. Perform 25 hours of supervised community service at an agency acceptable to the dean of students and the board chair. 8.3.3. Forfeit the privilege of representing the university in any official capacity (student leadership position, varsity athletics, teaching assistant, etc.). 8.3.4. Sign all forms necessary to suspend him or her from the university. Should the student fail to satisfy any condition of this agreement or violate the Student Conduct Code during the period of intervention, the student is to be immediately suspended from the university. The program of university intervention is to extend for a minimum of one full academic semester. Probation to the Student Conduct Board may run concurrently and may extend beyond the intervention program. 8.3.5. Satisfy or abide by any other conditions imposed by the Student Conduct Board.

8.4.	Assigning a Grade for Academic Misconduct 8.4.1. A student found responsible for unpremeditated academic misconduct may receive partial or no credit for the work involved and may be dropped from the course in which the misconduct has occurred and assigned a permanent grade of "F" for the course. A student found responsible for premeditated academic misconduct may be dropped from the course in which the academic misconduct occurred, and a permanent grade of "F" may be assigned in the course. 8.4.2. If a student is charged with academic misconduct and the case cannot be handled administratively or considered by the Student Conduct Board prior to the final date for filing a semester grade, the instructor bringing the charge shall report an "I" grade in the course in which the alleged academic misconduct occurred. If the student is found not responsible, a permanent grade will be assigned to remove the "I" grade on the basis of the quality of work done in the course. If the student is found responsible for academic misconduct, the sanction determined by the board will be applied. If the student withdraws from the university while such an “I” grade is pending, the grade will automatically change to “F” after one semester.

8.5.	Unpremeditated Academic Misconduct Sanctions for the First Offense 8.5.1 The minimum sanction for the first offense is probation to the Student Conduct Board for a period of at least one year with or without loss of partial or full credit for the work involved. 8.5.2 The intermediate sanction for the first offense is probation to the Student Conduct Board for the remainder of the student’s stay at LSUS; with or without removal from the course in which the academic misconduct has occurred; with or without a letter grade of "F" in the course. 8.5.3 The maximum sanction for the first offense is separation from the university for one or more semesters with or without a letter grade of "F" in the course.

8.6	Unpremeditated Academic Misconduct Sanctions for the Second Offense 8.6.1 The minimum sanction is separation from the university for one full semester with or without a letter grade of "F" in the course or a loss of partial or full credit for the work involved. 8.6.2 The intermediate sanction is separation from the university for one or more years with the letter grade of "F" in the course. 8.6.3 The maximum sanction is expulsion from the university with a letter grade of "F" in the course.

8.7	Unpremeditated Academic Misconduct Sanctions for the Third Offense 8.7.1 When a student is found responsible for a third violation of unpremeditated academic misconduct, the sanction is expulsion from the university with a letter grade of "F" in the course.

8.8	Premeditated Academic Misconduct Sanctions for the First Offense 8.8.1 The minimum sanction is probation to the Student Conduct Board for the remainder of the student’s stay at LSUS; with or without removal from the course in which the academic misconduct has occurred; with or without a letter grade of "F" in the course; with or without separation from the university for one semester. 8.8.2 The intermediate sanction is separation from the university for not less than two semesters nor more than two calendar years with or without a letter grade of "F" in the course. 8.8.3 The maximum sanction is expulsion with or without a letter grade of "F" in the course.

8.9	Premeditated Academic Misconduct Sanctions For The Second Offense. When a student is found responsible for a second violation of premeditated academic misconduct, the sanction is expulsion from the university and/or a letter grade of "F" in the course.

8.10.	Sanctions for Multiple Academic Misconduct Violations. When a student is found responsible for a second violation of academic misconduct in which one violation was premeditated and one was unpremeditated, the minimum sanction shall be separation from the university for not less than two semesters nor more than two calendar years and/or grades of "F" in all classes subject to the violation. The maximum sanction is expulsion and/or a letter grade of "F" in all classes subject to the violation.

8.11.	Sanctions for Other Misconduct Offenses Against Persons and/or Offenses Which Directly Place or Threaten to Place Persons in Jeopardy 8.11.1. The minimum sanction is separation from the university for the remainder of the semester in which the offense occurred, plus one additional semester. 8.11.2. The intermediate sanction is separation from the university for one calendar year or more. 8.11.3. The maximum sanction is expulsion from the university.

8.12.	Sanctions for Offenses Which Involve Disruption of the University, Its Programs, or Other University Efforts to Accomplish its Objectives and/or Which Indirectly Place Persons in Jeopardy 8.12.1. The minimum sanction is probation to the Student Conduct Board for the remainder of the student's enrollment in the university and/or penalties. 8.12.2. The intermediate sanction is separation from the university for the semester in which the offense occurred and/or penalties. 8.12.3. The maximum sanction is separation from the university for one calendar year.

8.13.	Sanctions for Offenses which Involve Theft or Damage to University Property or the Property of Others 8.13.1. The minimum sanction is probation to the Student Conduct Board for one or more regular semesters and/or restitution. 8.13.2. The intermediate sanction is separation from the university for one or more regular semesters, not to exceed two calendar years, and/or restitution. 8.13.3. The maximum sanction is expulsion and/or restitution.

8.14.	Sanctions for All Other Non-Academic Misconduct Violations. 8.14.1. The minimum sanction is probation to the Student Conduct Board and/or restriction of privileges. 8.14.2. The intermediate sanction is separation from the university for a period of time determined by the Student Conduct Board. 8.14.3. The maximum sanction is expulsion from the university.

8.15.	Sanctions for Multiple Charges of Non-academic Misconduct. If a student is charged with multiple violations in a single hearing, the Student Conduct Board will render a decision on each charge and a recommendation for a sanction for each violation. If the student is found to be in violation of more than one charge, the Student Conduct Board will also determine if the sanctions are to run concurrently or consecutively.

8.16.	Other Considerations Regarding Sanctions. The board may consider any aggravating or mitigating facts, circumstances or concerns when determining sanctions or conditions to be imposed. To the extent that any sanction other than the intermediate sanction is imposed, the Student Conduct Board or the dean of students shall list in writing the aggravating or mitigating circumstances that were considered. Separation from the university may be postponed for good cause.

SECTION 9. ADMINISTRATIVE PROCEDURES

9.1.	Charging a Student with a Violation of this Code 9.1.1. An instructor, another employee of the university or a student who has evidence to justify a charge of violation of this code shall present this evidence to the dean of students. This presentation should normally be in writing; however, the initial contact may be in person or by phone. The dean of students will discuss the circumstances and evidence surrounding the alleged violation with the person bringing the charge and will advise that person on actions that may be taken under this code. 9.1.2. If the evidence is sufficient as determined by the dean of students and the person bringing the charge to justify such action, the student will be informed that the university is bringing formal charges under the code. The student will be provided with a written notice of the formal charges. Upon request the student will be provided with a copy of the code. The student will be informed that he or she may request the charge be referred to the Student Conduct Board, or that he or she may request the dean of students to accept administrative jurisdiction. Students may also make use of an adviser, as provided in Section 7.2.1 of this code.

9.2.	Administrative Hearing Procedures 9.2.1. After being informed of the charges, the student may voluntarily waive his or her right to a hearing before the Student Conduct Board and request that the charge be processed administratively. 9.2.2. For an administrative resolution, the student must do all of the following: waive his or her right to have the charge considered by the Student Conduct Board; waive right to face accuser; accept responsibility for the specific charge; request that the dean of students take jurisdiction and agree to accept the sanction imposed and waive his or her right to appeal the sanction or conditions imposed unless the sanction or condition imposed involves expulsion or separation for more than one semester. 9.2.3. In cases involving allegations of academic misconduct, the dean of students, the person bringing the charge and the student must all agree to have the charge of academic misconduct resolved administratively. 9.2.4. The dean of students, in cases of alleged academic misconduct, may meet jointly with the person bringing the charge and the accused student in an administrative hearing, at which time an administrative decision consistent with sanctions specified in the Student Conduct code shall be rendered. 9.2.5. The dean of students may decline the student's request for an administrative hearing. If the student's request is declined, the student shall be referred to the Student Conduct Board. 9.2.6. At any time prior to the formal administrative decision, the accused student may request a hearing before the Student Conduct Board. All such requests will be granted.

9.3.	Referral to the Student Conduct Board 9.3.1. After being informed of the formal charges against him or her, if the student does not request that the charges be handled administratively, the dean of students must refer the charge to the Student Conduct Board. 9.3.2. If the student is referred to the Student Conduct Board on a charge of academic misconduct, this charge will carry the designation, "premeditated academic misconduct".

9.4.	Hearing Procedures 9.4.1. The chair of the Student Conduct Board is delegated the authority to conduct the hearing in a manner which will reasonably protect: the due process rights of the charged student(s); and the rights, health and safety of the person bringing the charge(s), witnesses, Student Conduct Board members; and the university. 9.4.2. Prior to considering the charges against the student, the chair of the Student Conduct Board shall outline the procedures that the Student Conduct Board will follow. 9.4.3. All proceedings will be closed to the public. 9.4.4. The chair will stress the importance of the requirements of the confidentiality of the proceedings. 9.4.5. The chair will formally announce that the university is committed to the principles of substantive and procedural due process protection for its students. Accordingly, each student is presumed not responsible until proven responsible, and the Student Conduct Board shall decide responsibility based on the evidence presented during the hearing. 9.4.6. The chair shall read the charge(s) in cases brought before the Student Conduct Board. 9.4.7. A decision by the Student Conduct Board to find the student in violation of this code shall be based solely on the evidence presented at the hearing. Evidence of any past violation(s) may not be introduced as evidence nor considered when the board is deliberating to determine if the student is responsible or not responsible unless that evidence is probative to the issue of responsibility for the current charge. If the student is found responsible for the charge, records of past violations will be introduced by the dean of students or the Student Conduct Board chair and will be considered by the Student Conduct Board in determining a sanction. 9.4.8. The Student Conduct Board may reduce a charge of premeditated academic misconduct to unpremeditated academic misconduct by a two-thirds majority vote after all evidence has been presented. If the charge is to be reduced, the vote must take place prior to the determination of responsibility. Substantial evidence must be presented to warrant a reduction in the charge. 9.4.9. A simple majority vote of the Student Conduct Board members is required to find a student responsible for misconduct. A Student Conduct Board member shall vote to find a student in violation of this code only if he or she finds substantial evidence is presented against the student at the hearing. 9.4.10. All hearings will be tape-recorded. Deliberations shall not be recorded in any way. 9.4.11. All Student Conduct Board decisions are final and may be appealed to the vice chancellor for student affairs only if there is evidence of procedural violations or the abuse of discretionary authority. 9.4.12. Formal rules of evidence shall not apply. Witnesses may be sequestered. The board may request expert testimony relative to any matter it deems such may be helpful. The hearing may be delayed, adjourned or stayed by the board for good cause.

9.5.	Imposing Disciplinary Sanctions. When disciplinary sanctions and/or conditions are to be imposed, the student shall receive written notice from the dean of students of the sanctions and the specific conditions imposed.

9.6.	Maintaining Disciplinary Records 9.6.1. Disciplinary cases and records are confidential records of the university and are maintained by the dean of students. Consistent with the Family Educational Rights and Privacy Act, a student may examine his or her disciplinary records; however, these records are not generally available to persons outside the university. University personnel may have access to the disciplinary records of individual students only if such information is needed in the performance of duties assigned to the university employee. 9.6.2. Any disciplinary action which separates the student from the university is recorded on the student's official academic transcript maintained in the Admissions and Records Office. Other reasonable notations on the student’s official transcript or in the student’s permanent records may be imposed in the discretion of the board. A student may petition the dean of students to have any notation removed from his or her transcript for good cause. The dean of students will refer such a petition to the Student Conduct Board for consideration. The Student Conduct Board will then make a recommendation to the vice chancellor for student affairs for final action.

SECTION 10. APPEAL PROCEDURES

10.1.	Although the decision of the Student Conduct Board concludes the process, if the student believes that the Student Conduct Board committed a serious procedural error or abused discretionary authority in reaching a decision, he or she may make a written request to the vice chancellor for student affairs for a review of the Student Conduct Board’s actions. In cases where a serious procedural error is alleged, the appealing student must describe how he or she was prejudiced as a result of that error.

10.2.	The request must be in writing and signed by the person requesting the review; be filed within seven days after receiving the Student Conduct Board’s decision; and contain a complete statement of the alleged serious procedural errors, and/or specific examples of abuse of discretionary authority.

10.3.	The vice chancellor for student affairs’ review will be limited to the question of serious procedural errors and/or the abuse of discretionary authority.

10.4.	The vice chancellor for student affairs, in reviewing a full report of the hearing, has the following options: uphold the ruling without modification; modify the ruling; direct that a new hearing be conducted before a new committee; direct the board to reconsider the sanction or conditions imposed; or reverse the ruling.

SECTION 11. INTERIM SUSPENSION

In special circumstances, when the student’s presence on campus or at other events may present a risk of harm to persons or property, the dean of students may suspend a student charged with violating this code for an interim period prior to the outcome of a full disciplinary hearing based on available information.

11.1.	This authority will be exercised only in those situations in which there is reasonable cause to believe that the student’s alleged act of misconduct is of such a serious nature that his or her continued presence at the university is potentially dangerous to the health and safety of the university community, its property, or its educational mission. Such acts of misconduct include, but are not limited to: acts of assault and/or battery with any type of weapon or instrument; rape or sexual assault; armed robbery; arson; the manufacture, distribution, and/or possession of any incendiary or explosive device; and other acts which might endanger persons or property. Interim suspension may not be invoked for any type of academic misconduct; however, it may be invoked for any other serious misconduct, including the conduct listed in Section 5.2.1.

11.2.	To invoke interim suspension, the dean of students must conduct a preliminary hearing at which the student will be presented with notice of the alleged violation(s) and the name of the person(s) bringing the charge(s). However, if the dean of students can demonstrate that such a hearing is impossible or impractical, the vice chancellor for student affairs may waive this requirement.

11.3.	A proceeding, as provided under Section 9, will be initiated as soon as practical after the date of the interim suspension. The student's interim suspension shall not be used as evidence of his or her guilt in the hearing process.

11.4.	Should the proceeding find that the student did not commit the act(s) for which he or she was suspended, the suspension will be revoked and the student immediately reinstated without penalty.

11.5.	Interim suspension is to begin immediately after the preliminary hearing. The student is to physically remove himself or herself from the premises of the university until the initiation of a hearing, as per Section 11.2. A student may also be directed to avoid contact with specified persons. Prohibited contact or presence on the campus by the student during the duration of interim suspension shall be considered a violation of this code.

SECTION 12. PROCEDURE FOR REVISING THE CODE OF STUDENT CONDUCT

The Student Conduct Code may be amended by majority vote of the Student Affairs Committee, subject to approval by the Faculty Senate.

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