Student Page / Student Code of Conduct
Current Revision – January 2025
A. Mission: This Code of Conduct embodies and promotes honesty, integrity, accountability, and duties associated with citizenship as a student in our community at the University of Montana Western. This Code exists to protect the interests of the community and dignity of its members, and to challenge those behaviors, which are not in accordance with our policies. This Code describes expected standards of behavior for all students, including academic conduct and general conduct, and it outlines students’ rights, responsibilities, and the campus processes for adjudicating alleged violations.
B. Definitions of “Student:” For the purposes of the Student Code of Conduct, a “student” means the following:
C. Jurisdiction: The Student Code of Conduct and conduct process apply to the conduct of individual students and all formally or informally University-affiliated student groups or organizations. The Student Code of Conduct shall apply to conduct that occurs on University premises, at University sponsored activities, and to off-campus conduct that adversely affects the University Community and/or the pursuit of its objectives. Each student shall be responsible for their conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between Blocks of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending and to student groups or organizations for behavior that occurred when the group was recognized, registered, or informally affiliated with the University, regardless of current status. The Dean of Students or designee shall decide whether the Student Code of Conduct applies to conduct occurring off campus, on a case-by-case basis.
D. Violations of Laws: The University may take notice of alleged violations of federal, state and local laws by students. When a student is arrested or otherwise subject to criminal charges the University may initiate proceedings to determine if the student has violated the Student Code of Conduct. The University reserves the right to exercise its authority of interim action upon notification that a student is facing criminal charges in accordance with Article VI, below.
E. Discrimination, Harassment, and Retaliation: If the reported conduct involves common issues or parties that would potentially fall under both the Student Code of Conduct and the University’s Discrimination, Harassment, and Retaliation policy, the University may in its discretion conduct one conduct proceeding. Reports that involve sexual or discriminatory harassment, intimate partner violence, sexual misconduct, or are part of a course of conduct that meets the definition of stalking, will be addressed under the University’s Discrimination and Harassment and Retaliation policy.
In University Student Code of Conduct disciplinary proceedings, for both cases involving general misconduct and academic misconduct, students have the following rights.
Records and Confidentiality: The University of Montana Western complies with the principles of privacy described in the Montana Constitution, the Montana Code Annotated, and the federal Family Educational Rights and Privacy Act (FERPA). As such, a student involved in a University disciplinary proceeding has the following rights related to privacy and confidentiality:
A. Disciplinary records:
All records of Student Code of Conduct proceedings and sanctions for both general misconduct and academic misconduct are maintained by the Dean of Students. These records will be maintained in accordance with the Montana University System General Record Retention Schedule. Sanctions of expulsion and suspension affect the student’s academic status and will be maintained indefinitely.
B. Confidentiality:
Process Based Rights:
A. Respondent: A student or student group or organization accused of violating the Student Code of Conduct (the “respondent”) has certain rights. These include the right to:
During the time that a Student Code of Conduct case is in process, the student continues to have the same rights and privileges as other students unless interim action (which may include restrictions, suspension, or expulsion) has been imposed.
B. Complainant: A student who brings a complaint against another student under the Student Code of Conduct (the “complainant”) also has certain rights. These include the right to:
Nothing in this Code limits the right of the conduct offices with the approval of the Provost/Vice Chancellor for Academic Affairs and Student Affairs, here after known as Provost, as appropriate and the respondent to agree at any time to disciplinary sanctions if the respondent student agrees to the charges. The use of mediation and/or conflict resolution resources may be employed prior to formal action if agreed upon by involved parties, including appropriate University officials. Any such agreement must be in writing. When it is approved by the appropriate University official(s), signed by the student, and filed with the Dean of Students, the case is concluded.
All Students enrolled at the University of Montana Western shall enjoy certain academic rights and responsibilities. Students at the University of Montana Western are expected to practice academic honesty at all times.
ACADEMIC FREEDOM
The University of Montana Western has had a long tradition of, and a deep commitment to, academic freedom. The welfare and strength of the University and of society at large depends upon the free search for truth and its free expression. To this end the University of Montana Western shall recognize and protect full freedom of inquiry, research, discussion, study, publication, and, for artists, the creation and exhibition of works of art, without hindrance, restriction, equivocation, and/or reprisal. This right extends to other facets of campus life to include the right of students to speak on general educational questions or about the administration and operation of the University of Montana Western and Montana University System.
ACADEMIC RESPONSIBILITIES
The concept of academic freedom must be accompanied by an equally demanding concept of academic responsibility. Students are responsible to abide by and fulfill the Academic Policies and Procedures, Degree/Certificate Requirements for Graduation, and General Education Requirements published in the University of Montana Western Catalog.
ACADEMIC MISCONDUCT
Academic misconduct is subject to Academic sanction (or penalties) by the course instructor and/or University Sanction(s) by the University through the Provost. Academic misconduct is defined as all forms of academic dishonesty, including but not limited to:
Disciplinary Procedures for Academic Misconduct: The focus of inquiry in disciplinary proceedings related to academic misconduct is to determine if a violation of the Standards of Academic Conduct has occurred and, if so, to determine an appropriate academic penalty and/or University sanction. Student Code of Conduct proceedings are administrative proceedings and do not follow formal rules of evidence applicable in legal and criminal proceedings. The University has the burden of proof to establish a violation of academic misconduct by a preponderance of the evidence (it is more likely than not that the incident occurred).
It is assumed, unless shown otherwise, that the faculty and Provost (or designees) make impartial judgments concerning academic misconduct and fairly impose an appropriate academic penalty and/or University sanction. Minor deviations from prescribed procedures will not invalidate a decision or proceeding, provided they do not significantly prejudice the student or the University.
The adjudication of any alleged academic misconduct must be initiated within two years of discovery of the incident.
Procedures for Academic Misconduct:
A. Investigation by the Course Instructor:
1. Misconduct alleged during the course: When an incident of alleged academic misconduct is discovered by or brought to the attention of the course instructor during the course, the instructor will document the timing of the incident in writing and personally contact the accused student within ten (10) working days to arrange a meeting. The course instructor and the student may each have a person of choice present at this meeting (see Article II “Rights to Due Process”). The role of legal counsel, if any, at this stage should be restricted to consultation with the student. At this meeting the course instructor will:
a. Inform the student of the alleged academic misconduct and present the evidence supporting the allegation.
b. Inform the student of the Student Code of Conduct procedures.
c. Allow the student an opportunity to respond to the charge(s) and evidence (the student is not required to respond).
d. Discuss the academic sanction and possible University sanctions and allow the student to respond.
2. Misconduct alleged at or after the conclusion of course: When an incident of alleged academic misconduct is discovered or brought to the attention of the course instructor, the instructor will document the timing of the incident in writing and personally contact the accused student within ten (10) working days to arrange a meeting either in person or remote. During the meeting, steps a-d will be followed. If a student is unable to attend a meeting, the instructor notifies the student in writing, completing steps a-d. The instructor also informs the student that an “N” grade will be given for the course or the assigned grade will be revoked until there is a final resolution of the charge(s).
3. Consultation with the Provost (or designee): The course instructor will provide written notice of the incident to the Provost in order to determine whether any written documentation of prior misconduct is on file that warrants a recommendation that the University impose a sanction on the student. The course instructor and/or Chair may make such a recommendation to the Provost (or designee) based on the severity of the alleged offense and/or prior record of misconduct.
4. Resolution of the charge by the course instructor:
a. If the instructor concludes that the student engaged in academic misconduct, the instructor informs the student of the academic sanction to be imposed. The academic sanction does not take effect until the final resolution of the charge(s) or until the deadline for an appeal has passed. An “N” grade may be assigned in the interim.
b. If a University sanction is recommended, the course instructor or Chair notifies the student that the case will be transferred to the Provost (or designee).
c. The course instructor informs the student of the appeal procedure as outlined in the Student Code of Conduct.
d. If a University sanction is recommended, or if the student appeals, the course instructor will prepare a written summary for the Provost (or designee) that will include a concise statement of the act of academic misconduct and the evidence. A copy of this summary will be provided to the student and the Provost. A copy of this summary is also added to the student’s disciplinary file maintained by the Dean of Students. The student also may provide a written statement to be placed in the file. In cases where the student accepts the academic sanction, the written summary prepared by the instructor will be included in the student’s file.
5. Resolution of the charge by the instructor when the student does not appear for the investigative meeting: If the student does not appear for the investigative meeting with the course instructor, the course instructor informs the student in writing of the following: Academic letter apprentices
a. The academic sanction recommended. The academic sanction is not formally imposed until final resolution of the charge(s) or until the deadline for an appeal has passed. If a grade is required before final resolution of the charge(s) or before the deadline for an appeal has passed, an “N” grade is assigned.
b. The transfer of the case to the Provost (or designee) if a University sanction is recommended.
c. Student Code of Conduct procedures and opportunity for appeal (a copy of this Code will suffice).
d. The fact that a written summary of the case has been sent to the student and the Provost, with a copy placed in the student’s disciplinary file maintained by the Dean of Students. The student also may provide a written statement to be placed in the file.
B. Sanction(s) Imposed by the University for Academic Misconduct:
1. Investigation by the Provost (or designee): After reviewing the course instructor’s recommendation and written summary of the case and consulting with the instructor, the Provost (or designee) reviews the student’s disciplinary record maintained by the Dean of Students, reviews the evidence, and interviews individually or together the instructor, the accused student and possible witnesses. Before the interview, the respondent is informed that they may bring a person of choice and that they also have the right to have legal counsel present during the interview. The student must notify the Provost (or designee) at least three (3) working days before the time of the interview of any intent to be accompanied by legal counsel. The role of legal counsel, if any, at this stage should be restricted to consultation with the student. The student is not required to make any response during the interview.
2. Resolution of the charge(s) by the Provost (or designee):
3. Student Appeal of Academic Penalties and/or University Sanctions: If the student denies the charge(s) and/or does not accept the academic sanction imposed by the course instructor and/or the University sanction, the student may appeal to the University Court. A request for appeal with supporting evidence must be presented in writing to the Provost within ten (10) working days after the student is informed by the instructor of the imposed academic penalty or within ten (10) working days after receiving the notice of a University sanction, whichever occurs later.
Students and/or Student Groups or Organizations at the University of Montana Western are expected to practice responsible behavior at all times. General misconduct is subject to University Sanction(s) by the Dean of Student or designee.
General misconduct is defined as conduct including, but not limited to, the following:
A. Acts of Dishonesty:
B. Harassment, Hazing, and Complicity:
C. Assault and Harm to Persons:
D. Discrimination, Harassment, and Retaliation:
F. Firearms, Explosives, and Weapons Offenses:
G. Illegal and Disruptive Conduct:
H. Theft / Misuse of Property:
I. Other Conduct Issues
Medical Amnesty
The University of Montana Western strongly encourages students and organizations to immediately contact University staff, emergency medical services, and/or law enforcement when they have reason to believe that a student’s health or safety is at risk. To mitigate barriers to requesting medical aid that may be caused by consumption or use of alcohol or drugs, a Medical Amnesty policy shall apply to:
In the situation where a student needs medical assistance the student(s) who requests and/or receives emergency medical aid and fully complies with University, medical, and/or law enforcement personnel will not be issued disciplinary sanctions nor have conduct files created for the violation of drug or alcohol policies that occurred in connection with the reported incident.
If the University of Montana Western becomes aware of student’s use or possession of drugs and/or alcohol because of a call for medical assistance, then these students will also be covered by the Medical Amnesty policy.
In order for amnesty policies to apply, the University of Montana Western may require students involved to participate in an alcohol/drug education program or seek medical treatment for alcohol and/or drug abuse, but these requirements will not be recorded as disciplinary sanctions.
The following are not covered by the Medical Amnesty policy:
Students and organizations may be subject to disciplinary measures if they discourage or otherwise interfere with outreach to emergency medical services or law enforcement in the event of a medical emergency.
The University of Montana Western encourages students to call for help anytime there is concern for their own health or the health of others. The Dean of Students or designee may issue sanctions to students and organizations, including but not limited to the alcohol or drug sanctions, to students and organizations who purposely misuse the Medical Amnesty policy.
This policy does not preclude or prevent action by police or other legal authorities pursuant to relevant state or federal criminal statutes. Montana has multiple laws offering Good Samaritan protections: MCA § 50-32-609 provides protections in situations involving drugs, and MCA § 45-5-624(10) provides protections in situations involving minors in possession of alcohol.
Procedures for General Misconduct:
A. Overview:
This overview gives a general idea of how the University of Montana Western’s campus conduct proceedings work, but it should be noted that not all situations are of the same severity or complexity. Thus, these procedures are flexible, and are not exactly the same in every situation, though consistency in similar situations is a priority. The campus conduct process and all applicable timelines commence with notice to an administrator of a potential violation of University of Montana Western policy or other rules.
B. General Misconduct in the Classroom:
D. Student or Student Organization Response to Findings Outcome:
E. SANCTION(S) IMPOSED BY THE UNIVERSITY FOR GENERAL MISCONDUCT
Appropriate University officials will be notified of Student Code of Conduct findings and/or sanctions imposed. Repeated or aggravated violations of this Code may result in more severe disciplinary sanctions than any individual violation might warrant.
F. Appeals Procedure for General Misconduct:
If a student or student organization wants to appeal the findings and/or sanctions against them, they have the right to do so as long as it is based on at least one of the following criteria:
If a student feels one of more of these criteria exist, they should submit a statement online via Maxient stating their case. This statement will be reviewed by the Dean of Students to ensure at least one of the criteria is met and then initiate a meeting for the student and the appellate officer. The appeal process follows:
The University reserves the right to take necessary and appropriate interim action to protect the safety and well-being of the campus community.
A student or student group or organization may be temporarily suspended from the University, evicted from University Housing, prohibited from being on campus property, restricted or prohibited from attending/hosting campus events, and/or restricted in other ways by the Dean of Students or designee pending University disciplinary proceedings.
If there is evidence that the student’s continued presence on campus, at certain activities, or at certain locations, constitutes an immediate threat to others or to the continuance of normal University operations, or if a student is facing criminal charges, interim suspension, eviction, and/or restrictions may be imposed effective immediately and without prior notice.
Right to Hearing: In cases of interim suspension, eviction, or restriction, the student may appear before the Provost, within five (5) working days from the effective date of the suspension or eviction to discuss the following:
The Provost will determine if the interim action will continue.
Students at the University of Montana Western may be subject to additional University policies, regulations, rules, and/or professional and ethical standards. For example, many professional programs have their own codes of conduct. To the extent that a student’s conduct violates these additional standards and also violates the Student Code of Conduct, disciplinary sanctions under this Student Code of Conduct may be imposed in addition to sanctions imposed by the other policies, regulations, rules, and/or professional and ethical standards. Other University, policies, rules and standards, include, but are not limited to the following:
A. UMW Housing Student Conduct Program:
B. Department of Athletics:
C. Student Organizations
D. Responsible Conduct of Research
E. Discrimination, Harassment, and Retaliation
G. Professional Program Standards
H. Responsible Use of Electronic Communications Policy, University System Policies, and UMW Policies Related to Student Use of IT Resources
I. University Property Use and Access Procedure
A. Composition:
Members of the University Court are appointed by the Provost of the University. At the beginning of each academic year, a pool of University Court members is selected, and members are trained for the responsibilities associated with this duty. The Court consists of four faculty members nominated by the President of the University Faculty Association (one per division); one faculty member nominated by the Academic Admissions & Standards Committee; three undergraduate students nominated by the ASUMW President. The oversite and management of the University Court is provided by the Provost and training is provided by the Dean of Students.
B. University Court Hearings:
The following individuals may participate in the University Court Hearings:
C. Pre-Hearing Notices:
D. Hearing Proceedings
Formal (legal) rules of evidence do not apply.
The Chair determines the admissibility of any evidence presented including witness testimony, rules on all procedural issues, and may put in place additional procedural rules during the hearing consistent with this Code. Any of the Chair’s rulings may be overruled by a majority of the University Court members.
The deliberations of the University Court will include two distinct phases:
Findings: Whether the student violated any standard(s) of the Code of Conduct.
Sanctioning: Appropriate sanction(s) should the student be found in violation.
The Court is charged with rendering a decision about findings and/or sanctions within five (5) working days after the close of the hearing. All votes are by majority rule and the Chair has a vote in all cases
Findings for each specific charge;
A statement of the reasons for the decision(s); and
A description of the sanctions (if applicable).
The student may seek further administrative review by the Commissioner of Higher Education and the Board of Regents pursuant to Montana University System Policy and Procedures Manual, 203.5.2.
University of Montana Western Code of Conduct – Revisions
Revised Fall 2020
Current Revision – Spring 2025