Charge means reasonable cause has been established that a violation of the Code has occurred.
Code means any and all University codes, regulations, rules, or policies, including this Student Code of Community Conduct, which incorporates or reference many of them.
Consent is clear, knowing, and voluntary words or actions that give permission for specific sexual activity. Consent is active not passive. Silence in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding willingness to engage in (and the conditions of) the activity. Consent to any one form of an activity cannot automatically imply consent to any other forms of the activity. Previous relationships or prior consent cannot imply consent to future acts. Consent can be withdrawn once given, as long as that withdrawal is clearly communicated. Once consent is withdrawn, activity must stop reasonably immediately. In order to give consent, one must be of legal age, not mentally disabled, and/or, not physically incapacitated.
Crime of violence
Crime of violence refers to prohibited conduct where the responding students uses, or threatens to use, violent force against the another person. Crimes of violence include crimes committed with and without weapons. Crimes of violence include, but are not limited to: murder, rape, robbery, and assault and battery.
Federally Illegal Drugs
Federally Illegal Drugs are set forth by the FDA Controlled Substances Act (2009), and any amendments to that act. Under CSA, marijuana is classified as a Schedule I controlled substance: all forms of cannabis are federally illegal, including medical marijuana regardless of state drug policies. In compliance with the Drug-Free Schools Act, the possession, use, manufacture, and/or distribution of any federally illegal drug on University property is strictly prohibited.
Group violation means a Code violation where a student group/organization and its officers and/or membership may be held collectively and individually responsible when such violations of the Code: take place at organization-sponsored or co-sponsored events, whether sponsorship is formal or implied; and/or have received the consent or encouragement of the organization or of the organization’s leaders or officers; and/or were known or should have been known to the membership or its officers.
Hearing officer means all administrative staff with delegated authority to resolve academic and community conduct issues.
Interim action means any lawful action, order, restriction, or demand made pursuant to the Code, as a means to protect individuals, property, and/or the best interests of the University.
Maxient is the conduct management system used by the University. All email correspondence generated from the address Maxient System <firstname.lastname@example.org> should be treated as official communication.
Mediation means utilizing a neutral third party to assist in reaching an agreement on actions to be taken to resolve conflict where the allegations of misconduct do not fall within the definitions of sexual and/or relationship misconduct.
Medical emergency is defined as any situation where a student’s physical and/or psychological health is at serious risk and immediate action must be taken to protect the individual or others.
PERC stands for Probation Early Release Certification. This is a program for students sanctioned to conduct probation to complete a series of educational conditions that will in turn release them early from their term of conduct probation, and restore them to good conduct standing.
Preponderance of evidence
Preponderance of evidence means a party has shown that its version of facts, causes, damages, or fault is more likely than not the correct version. The concept of “preponderance of the evidence” can be visualized as a scale representing the burden of proof, with the totality of evidence presented by each side resting on the respective trays on either side of the scale. If the scale tips ever so slightly to one side or the other, the weightier side will prevail. If the scale does not tip toward the side of the party bearing the burden of proof, that party cannot prevail.
Property means all tangible and intangible property.
Reasonable means fair and appropriate given all facts and circumstances.
Reasonable cause means there is sufficient information alleged by a reporting party to warrant belief by a reasonable person that a responding party has violated the Code. Evidence is sufficient if a reasonable person would believe that further inquiry into whether a violation occurred is warranted.
Reasonable person is a person who behaves in a way that is legally appropriate. Such person exercises average care, skill and judgement in conduct.
Reporting Party refers to any member of the University community, of the public, or any law enforcement agency representative who makes a report to the Office of Academic and Community Conduct. In situations where the individual(s) reports information, but wishes not to be involved in the conduct process, the University may choose to become the reporting party.
Responding Party means the student(s)/group(s)/organization(s) alleged to have violated the Code.
Student means any individual who is an admitted applicant, is currently enrolled, or was enrolled at the time of the conduct in issue regardless of their age or status in regard to parental dependency. Student status is maintained during semester breaks.
Support person means any member of the University community (faculty/staff/student) chosen by the reporting party or responding party to provide moral support to a reporting party or responding party during a conduct hearing process. The support person may not be an immediate family member. When criminal charges have been filed against the accused student, their attorney may be present during the hearing as their support person. The reporting party may also invite an attorney present as their support person. Support persons, including attorneys, if allowed to be present throughout the proceedings, may not participate directly in the conduct process, but may offer advice, guidance, and/or support to the student (reporting party/responding party).
University includes all schools, programs, and divisions of Michigan Technological University, be they on-campus, online learning programs, or on a foreign campus, and at all levels, undergraduate, graduate or professional.
University community means students, faculty and staff.
University Conduct Board
University Conduct Board means a group of trained University faculty, staff, and/or students convened for the purpose of reviewing the conduct violation and determining appropriate consequences as needed.
University premises means buildings, facilities, or grounds owned, leased, operated, controlled, or supervised by the University. University premises also include websites operated by the University, including the official University website and online courses offered by the University.
University sponsored activity
University sponsored activity means any activity on or off University premises that is directly initiated or supervised by the University.
Written notice means all written communication in any form whatsoever, including and without limitation, communication through campus and/or U.S. mail, and all forms of electronic communication to the student’s or organization’s last known University address. Students will be held accountable for retrieving their University mail/email in a timely manner. Email sent to a student’s University email address constitutes official communication, and is deemed delivered at the moment the email is sent and/or date of the mailing of the notice.