Glossary of Conduct Terms

To act as judge in a competition or argument, or to make a formal decision about something. Cambridge Dictionary

The lowest level of the Student Conduct Process, adjudicated by a Hearing Officer. Potential sanctions are educational in nature (i.e., not resulting in suspension or expulsion) at this hearing level.

Asserted, but not necessarily proven to be true.

The process of requesting a review of an original hearing decision.

An Appeal Board hears an appeal of a prior Conduct Body decision and/or sanctions as set forth in Section 9.  An Appeal Board quorum is composed of the following Boise State University members:

a. At least 1 student;

b. At least 1 faculty;

c. At least 1 professional or classified employee.

An Appeal Board may consist of 3-5 members. In the event 5 members comprise an Appeal Board, at least 2 of the Appeal Board members must be students.

The way in which an individual chooses to conduct oneself, as well as how their actions influence other people. The Student Code of Conduct outlines expectations for behavior on our campus, as well as ways in which behavior may violated the Code in Section 4.

Sections of the Student Code of Conduct that an individual (Respondent) is alleged to have violated.

The term Complainant refers to an individual who was subject to alleged misconduct described in the Student Code of Conduct. There may be more than one Complainant for an incident. In certain circumstances, the Dean of Students or another University official may assume the role of Complainant on behalf of the University. For Policy 1065 and 1060 violations, see the respective policy for the applicable definition.

Conduct Administrative Hearings adjudicate alleged violations for which expulsion is not a potential sanction, but suspension may be a potential outcome.

A Conduct Board Hearing is the highest level of the conduct process at Boise State University, and expulsion or suspension may be potential outcomes of this hearing process. A Conduct Board Hearing includes, but is not limited to, consideration of written and verbal statements by any involved party or witness, photographs, investigative summaries/reports/documents/recordings, and testimony.

The term “Conduct Body” means any person(s), as set forth in Section 5, authorized by the Vice President for Student Affairs and Enrollment Management, or designee, to determine whether a student or student group is responsible for violating the Student Code of Conduct and to determine appropriate sanctions for any violation.

An individual trained as a Conduct Hearing Board member whose primary role at the University is as a faculty, classified, or non-classified employee, who conducts Conduct Administrative Hearings.

Comprised of individuals trained by a Student Conduct Administrator as Conduct Hearing Board members.  A Conduct Hearing Board quorum is composed of the following Boise State University members:

a. At least 1 student;

b. At least 1 faculty;

c. At least 1 classified or non-classified employee.

A Conduct Hearing Board may consist of 3-5 members. In the event 5 members comprise a Conduct Hearing Board, at least 2 of the Conduct Hearing Board members must be students.

A documented history of alleged and responsible finding violations for a student at Boise State University. To request your conduct record, please submit a Public Records Request.

The term “Consent” is defined in University Policy 1065.  Allegations of Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking on the basis of sex, sexual orientation, gender, and/or gender identity, are investigated and processed under University Policy 1065, not under this Student Code of Conduct.

A decision letter is sent to a party in the conduct process at the conclusion of the hearing (typically within 10 business days of the original hearing date). The decision letter contains information regarding which alleged charges an individual has been found responsible or not responsible for, sanctions (if applicable), and instructions regarding how to file an appeal if desired. Decision letters are sent to students’ Boise State University email address.

Disorderly conduct may include, but is not limited to:

1. Conduct that a reasonable person would find offensive such as disorderly, disruptive, lewd, indecent, obscene, and/or profane behavior;

2. Disturbing the peace, disrupting, obstructing (or assisting or encouraging another person to do so) any University activity, including but not limited to, teaching, research, administration, athletic, and recreation events, guest speakers and other presentations, cultural events;

3. Any behavior that has a substantial negative effect on a University living and/or learning environments and/or interferes with the rights of another Member of the University Community;

or

4. Intentional or reckless obstruction that unreasonably interferes with freedom of movement for either pedestrians or vehicles on University premises or at University-sponsored or supervised functions.

Controlled or illegal substances, drugs (designer or synthetic), drug paraphernalia (including but not limited to a bong, bowl, hookah, homemade smoking device, pipe), or possession or use of a prescription drug by an individual it was not issued to, or distributing/selling a prescription drug to a person for whom it is not prescribed. In the State of Idaho, marijuana is illegal to possess and smoke/consume.

Educational sanctions are assignments given to students following the end of a hearing process to ensure accountability, reflection, and growth in decision making. Examples of educational sanctions include but are not limited to fines, reflection papers, educational modules, community service, etc.

Action terminating the Respondent’s registration and relationship with the University.  This action separates the Respondent from the University permanently for all current and future academic terms. An expelled student in ineligible for readmission to the University.

The term “Faculty” includes all persons whose specific assignments customarily are made for the purpose of conducting instruction, research, or public service as a principal activity (or activities), and who hold the following academic rank or titles: professor, associate professor, assistant professor, instructor, lecturer, dean, director, or the equivalents, as well as associate deans, assistant deans, and executive officers of academic departments or the equivalent of any of these academic ranks.

A monetary penalty required to be paid by Respondent which is imposed for a violation of the Student Code of Conduct.

The awarding of a degree from Boise State University is conditioned upon a student’s good standing with the University and satisfaction of all University graduation requirements. Good standing means the student has resolved any holds, unpaid fees or acts of academic or behavioral misconduct and the student complied with all sanctions imposed as a result of any misconduct. Boise State University may deny the awarding of a degree if the student is dismissed from the University based on misconduct, or may revoke a degree awarded as stated in Section 1.D.1.

Any activity expected of someone joining a group or student organization (or maintaining full status in a group or student organization) or any pastime or amusement engaged in with respect to such group or organization, that causes, or is likely to cause a risk of mental, emotional, and/or physical harm, regardless of a person’s willingness to participate. Hazing activities may include, but are not limited to, abuse of alcohol during new member activities, striking another person (whether by use of any object or one’s body), creation of excessive fatigue, physical and/or psychological shock, morally degrading or humiliating games, or other activities that create a risk of physical or mental harm. Apathy or acquiescence in the presence of hazing is not a neutral act; it is a violation of the Student Code of Conduct.

The process of assessing an alleged violation of the Student Code of Conduct.

An individual who oversees the adjudication of the Student Conduct Process. A Hearing Officer may also be a Student Conduct Administrator, Office of the Dean of Students designee, or a Housing & Residence Life Resident Director who conduct Administrative Conferences.

A hold is a restriction placed on a student account due to failure to complete certain requirements (in our case, conduct). Examples of holds include but are not limited to a conduct hold for failing to complete assigned sanctions from a conduct case, a Dean of Students hold for not completing incoming student requirements (AlcoholEDU/Sexual Assault training), or even withholding a student degree.

A Hostile Environment is created if conduct is so severe, pervasive, or persistent that it creates an environment that would cause a reasonable person substantial emotional distress and undermine their ability to work, study, learn, or otherwise participate in University programs or services, and actually does cause the harassed person(s) these difficulties. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the harassment is physical.  A single or isolated incident of sex or gender-based harassment or discrimination may create a Hostile Environment if the incident is sufficiently severe. Allegations of Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking on the basis of sex, sexual orientation, gender, and/or gender identity, are investigated and processed under University Policy 1065. Allegations of discrimination and/or harassment based on protected characteristics (with the exception of those characteristics covered by University Policy 1065) are investigated and processed under University Policy 1060.

The term “Housing” and/or “University Housing” includes, but is not limited to, all residence halls, University Square buildings, University Suites, Lincoln Townhomes, the Honors College and First-Year Residence Halls, the University Apartments, and any other unit owned or leased by the University for housing students.

This email letter is sent to notify a student that they have allegedly violated the Student Code of Conduct, or that an incident has occurred and they are somehow connected to the report. These letters provide instructions on next steps, which may include a date and meeting time for the student to discuss the incident in question with a Hearing Officer. All communication regarding hearing proceedings is sent to students’ Boise State University email accounts.

The Dean of Students or designee may take immediate action (“interim action”) when necessary to secure the health and/or safety of a Member of the University Community and/or to address an alleged violation of the Student Code of Conduct.

1. Interim action may include, but is not limited to:

a. immediate suspension from the University;

b. loss of privileges, which may include restrictions from or to a specific area of the University’s premises;

c. immediate removal from a classroom(s);

d. a hold being placed upon a student’s registration and records;

e. suspension or revocation of University-issued identification card and/or access;

f. class or University Housing adjustments;

g. referral for a medical or psychological evaluation at the student’s expense;

h. This evaluation may be conducted by a qualified professional approved by the University;

i. The evaluation may be used to determine the appropriateness of withdrawing the Interim Action(s).

j. Any other remedy warranted under the circumstances to protect the health and safety of persons, and/or University operations or property, and/or the University Community.

The process of collecting information regarding an incident in question. This may include but is not limited to interviews with involved parties, seeking out clarifying information, and reviewing existing documentation.

The boundaries in which policy can be enforced; the Student Code of Conduct applies to the conduct of individual students, both undergraduate and graduate, and all University-affiliated student organizations.

The term “Member of the University Community” includes any person who is:

1. A University student;

2. A University employee (faculty, classified or non-classified);

3. A University contractor or vendor;

4. A University affiliate or volunteer; or

5. Guests, to include but not limited to, event attendees, participants in University-sponsored co-curricular or auxiliary programs, visitors and customers.

Determination of whether an individual is a member of the University community may be decided by the Vice President for Student Affairs and Enrollment Management or their designee.

Behavior which occurs not on University Premises*.

Behavior which occurs on University Premises*.

*The term “University Premises” includes all land, buildings, facilities, and other property in the possession of, or owned, used, leased, or controlled by the University including, but not limited to, items such as adjacent streets and sidewalks, vehicles, computers, web sites, and University-owned and/or operated computer networks, including wireless internet access.

The standard used for determining responsibility for a violation of the Student Code of Conduct is whether it is “more likely than not” (by a “preponderance of the evidence”) that a violation of the Code of Conduct occurred based on all information available to the Conduct Body (including, but not limited to, the complaint, response, witness statements, physical evidence, University documents, and interview notes).

The term Policy is defined as the written regulations, policies, and/or procedures of the University or governing the University and its divisions and departments as outlined in, but not limited to the:

1. University Undergraduate and Graduate Catalogs and handbooks;

2. University Housing & Residence Life policies;

3. University Policy Manual; and

4. Policies, procedures and regulations of the Idaho State Board of Education.

This section of a hearing occurs before the adjudication portion of the conduct process (in an Administrative Conference, this is a part of the same meeting time). Your Hearing Officer will explain the conduct process to you, and provide you the chance to review all of the information available regarding this incident, ask any questions you have, and gain a better understanding of the conduct process before beginning the hearing.

Probation is a duration of time where you are expected to not engage in additional violations of the Student Code of Conduct (essentially, demonstrate good behavior). Additional violations while on Probation may include the additional imposition of more severe Student Conduct sanctions. A student may be placed on Student Conduct Probation (“Probation”) following a violation of the Student Code of Conduct. Probation is for a designated period of time. Probation may be assigned in conjunction with other sanctions or stand alone as the only sanction for a violation.

The term Protected Characteristics means personal characteristics or factors that cannot be targeted for discrimination or harassment.  For purposes of the Student Code of Conduct the following characteristics are considered protected and individuals cannot be discriminated against or harassed based on these characteristics: race, color, religion, sex, gender, age, sexual orientation, pregnancy, national origin, physical or mental disability, veteran status, genetic information, gender identity, gender expression or any other status protected under applicable federal, state, or local law.

The term quorum means one more than fifty percent of the voting membership of a Conduct Body.  A Conduct Body consisting of a single individual always consists of a quorum. A Conduct Body board may be comprised of 5 members, with a minimum of 3 members required to constitute a quorum.

Verbal, physical, or technological harassment, and/or intimidation against a person for their exercise of rights under the Student Code of Conduct or participation in the Student Conduct Process as a Complainant, Respondent, or witness.

The term Respondent means any student or student group alleged to have violated the Student Code of Conduct. In cases of student groups, the president (or a like position) will represent the student group in the conduct process. For Policy 1065 and 1060 violations, see the respective policy for the applicable definition.

A representative who provides Respondents with additional support and resources to better navigate the Student Conduct process for alleged/responsible violations. Respondent Advisors are available for all students to seek support from; however, the main goal of the Respondent Advisor Program is to help students navigate the Conduct/Academic Appeal Process and higher level conduct violations (those that may potentially result in suspension and/or expulsion).

Monetary payment required to be made by Respondent to reimburse for repair or replacement of damage, or misappropriated property, and/or to reimburse for medical or other expenses incurred by a third party as a direct result of misconduct.

Conduct sanctions are outcomes imposed for the purposes of restoring the standards of the University community, educating students about the seriousness of their actions, promoting positive growth, and maintaining the safety of the students involved and of the University community. Failure to comply with sanctions imposed by a Hearing Officer/Conduct Body’s decision within the specified time period(s) may result in further and immediate sanctions.

The term Student means an individual who has applied for and been granted admission by the University. This definition includes an individual who has been suspended or who withdraws or graduates while the Student Code of Conduct process is ongoing. Student status ceases when an individual graduates or formally withdraws from the University (unless there is a pending conduct process ongoing at the time of graduation or formal withdrawal), or an individual is dismissed or expelled for any reason.

As a tool, the Student Code of Conduct sets guidelines for behavior within the Boise State community. Moreover, it promotes growth and learning as students interact with their environment and accept responsibility for decision-making. The Boise State University conduct process educates students about their responsibilities as members of an academic community and imposes sanctions when student conduct puts the members of the community in jeopardy or when the University has a clear and distinct interest in addressing the student behavior.

The term Student Conduct Administrator means the University official authorized and designated by the Vice President for Student Affairs and Enrollment Management for the daily operation of the Student Conduct process including but not limited to:

1. Providing Respondents and Complainants information on Student Conduct processes and procedures;

2. Serving as a Hearing Officer;

3. Serving as the administrator of the conduct process;

4. Attending, assisting, and serving notifications of hearings and decisions of Conduct Bodies;

5. Ensuring official conduct records are maintained;

6. Monitoring sanction(s) compliance; and

7. Coordinating the training and development of Conduct Bodies.

This includes all steps of any process(es) in the Student Code of Conduct used to address student behavior and/or misconduct. A Student Conduct Process is initiated at the time a complaint is received and concludes when the matter is closed by a Student Conduct Administrator or designee or after the Respondent’s completion of all sanctions imposed, if any.

The term Student Group means a number of individuals who are associated with the University and each other, including athletic teams, student clubs and organizations registered with the University including sororities and fraternities) and groups or clubs not registered with the University.

Action terminating the Respondent’s registration in some or all University classes for a prescribed period of time. Conditions for readmission may be specified by the Hearing Officer/Conduct Body. Following a suspension, the Respondent is readmitted on Probation for the duration of the Respondent’s enrollment at the University.

The term University means Boise State University.

The term University Community includes the University, any individual who is a student, staff member, faculty member, employee, affiliate, volunteer, guest, customer, invitee, or other person associated with the University.

Housing includes, but is not limited to, all residence halls, University Square buildings, University Suites, Lincoln Townhomes, the Honors College and First-Year Residence Halls, the University Apartments, and any other unit owned or leased by the University for housing students.

The term University Official includes:

1. Any person employed by the University performing assigned administrative or professional responsibilities. This includes but is not limited to employees of entities such as the Department of Public Safety and persons such as Resident Assistants;

2. Any student who is assigned or appointed as a formal member of a Conduct Body.

The term University Premises includes all land, buildings, facilities, and other property in the possession of, or owned, used, leased, or controlled by the University including, but not limited to, items such as adjacent streets and sidewalks, vehicles, computers, web sites, and University-owned and/or operated computer networks, including wireless internet access.

A violation is when a student has been found to have committed, or attempted to commit, any of the behaviors outlined under Section 4 of the Student Code of Conduct.

An individual (or individuals) who witnessed an incident/have knowledge of an incident in which the Student Conduct Code was violated. Witnesses may provide a statement and/or supplemental documentation to the hearing process.