[In these minutes: 2006-07 agenda items, Discussion of Student Conduct Code changes]

STUDENT SENATE CONSULTATIVE COMMITTEE (SSCC) MINUTES

OCTOBER 12, 2006

[These minutes reflect discussion and debate at a committee of the University of Minnesota Senate; none of the comments, conclusions, or actions reported in these minutes represent the views of, nor are they binding on, the Senate, the Administration, or the Board of Regents.]

PRESENT: Joshua Beiningen (chair), Kristen Denzer, Daniel Moore, Bree Richards, Trent Senenfelder, James Skoog.

ABSENT: Jeni Kiewatt, Leslie O’Leary.

1. WELCOME AND INTRODUCTIONS

Joshua Beiningen welcomed members to the meeting and introductions were made for new members.

2. CHAIR’S REPORT AND UPDATES

Joshua Beiningen said that the Senate Consultative Committee met last week and heard about changes to the Code of Conduct and the Student Conduct Code. SAC meets this Tuesday and will be talking about grants and financial aid at the state level and student debt at the national level. He reminded members that there will be a spring lobby trip and if anyone is interested in attending, they should contact him for more details.

He said that CAPA and CSC has asked for a student liaison to their committees. Anyone interested should speak with him after the meeting.

MSA is dealing with two safety issues. The first concerns the height of the Washington Avenue pedestrian bridge railing and whether it should be raised two feet to prevent jumpers and accidental falls. MSA is writing a resolution. Once approved, he will bring it to the Student Senate. The second issue concerns student safety when walking around campus. MSA would like a contact in Duluth to get more information about the taxi program that is running on that campus. James Skoog said that Jeni Kiewatt is the contact.

3. DISCUSSION OF POTENTIAL 2006-07 AGENDA ITEMS

The committee members walked through the list of items generated at the September Student Senate meeting:

Q: Does graduate and professional student housing affect each campus?

A: No, just the Twin Cities and Duluth. The current survey on the GAPSA website is strictly for Twin Cities student needs.

Q: What are the green-initiatives at Crookston?

A: This information will be forwarded after the meeting once a list can be compiled.

Q: What are the green-initiatives at Morris?

A: Wind turbine powers extension service buildings and 60 percent of campus. If two more built, will power all of campus and possibly county hospital and schools. Other initiatives include: biomass facility is to be constructed, self-supporting recycling center, replacing fleet service vehicles with hybrids, using local foods at campus food service locations, and a water conservation system.

Members also suggested the following topics:

4. DISCUSSION OF STUDENT CONDUCT CODE CHANGES WITH VICE PROVOST JERRY RINEHART

Before Vice Prost Rinehart’s arrival, members discussed the jurisdiction section of the Code, in relation to subsection (a), and how to ensure that off-campus use is being applied fairly and uniformly. Members also noted that there are no sentencing guidelines so there is expansive power for the individuals or groups that can issue sanctions.

Vice Provost Rinehart and Amelious Whyte then joined the meeting, noting that for jurisdiction, the University does not have to apply the Code to all behavior, but this change allows the University to do so under a defined set of conditions. The first condition to be met is the offense being of ”substantial University interest” which may vary by campus. There is no interest by the President or the Regents to get into the everyday life of students off-campus.

A member noted that it does not seem fair to punish a student twice for the same offense, once by the city or county and then again by the University. Amelious Whyte noted that this provision has not been changed; students are currently able to be sanctioned twice for offenses that occur on campus.

A member suggested that the language should be amended to protect students from violations for petty crimes. Amelious Whyte said that the administration would not want to write this language into the Code to make it seem that the University does not care about petty crimes, even though that is the intent.

A member said that students want to be reassured and therefore adding language would help. Vice Provost Rinehart said that the decisions to go forward under the Code will be reviewed by an oversight group, but this language is best included in administrative procedures, not the Code itself.

Q: How is the appropriate level of sanctions determined in each case without sentencing guidelines? How can students have an idea about the sanctions they might face?

A: There are guiding principles at the beginning of the document, but most sanctions are based on the judgment of the person making the decision. All sanctions are included in the Code. A statement could be placed on the Student Judicial Affairs website that students are subject to any of the sanctions for any violation of the Code. However, revoking a degree has only been applied when the violation is based on incidents while the person was enrolled and that might have affected the awarding of a degree.

Several members then spoke against the inclusion of subsection (a), and instead asked to clarify subsection (b) to make it the only instance in which students could be charged for off-campus violations.

Vice Provost Rinehart stated that when either subsection (a) or (b) are considered to be violated, this simply triggers an investigation into the matter, but does not automatically mean that a student is charged with a violation and assigned a sanction. Originally, there were four conditions under which an off-campus incident could be charged, but that list was narrowed to two by the President.

Another member then said that the University is a public entity of the state and as such is meant to turn out responsible citizens. If students are willing to hold up their end of the bargain and be responsible citizens, then the University has an obligation to provide an education. However, if the student violates state or federal laws, then the student should be subject to University investigation as well. For this reason, he likes the inclusion of subsection (a).

A member questioned whether subsection (a) would not open the University to potential lawsuits since a student can be charged regardless of the outcome of criminal proceedings. Amelious Whyte said that this language has been reviewed by the Office of the General Counsel for compliance. Also the University has always had the ability to find a student responsible of an on-campus violation even if the student is not found guilty by the city or state.

Q: Could an employer hold an employee to the same standards?

A: Yes, if the employer has the employee sign a contract which includes violating state or federal laws. Students are at the University on a voluntary basis, just as they are at a particular employer. They are then subject to the values and culture of the University or the employer.

A member noted that these new provisions feel more like an honor code, but that is not what it is being called.

Q: How would these violations be reported?

A: Most would be through police reports, but could also be reported from a neighborhood association or city meeting.

Q; How can a student appeal the fact that the administration considered the violation to be of ‘substantial University interest?’

A; This would likely be the case the student would make before the hearing board and the first decision that the board would decide.

In closing, Vice Provost Rinehart asked the committee if they were comfortable with extending the Code off-campus; the response was yes with a few language changes. Vice Provost Rinehart said that he would take these comments back to the administration.

5. OTHER BUSINESS

With no further business, Joshua Beiningen thanked all members for attending and adjourned the meeting.

Becky Hippert
University Senate