2.1 Authority The Board of Trustees of Ball State University is empowered by the Indiana General Assembly to manage, control, and operate the institution and to promulgate rules and regulations to carry out its responsibilities. The Indiana statutes provide that the Board of Trustees may delegate this authority to its officers, faculty, employees, and others. The statutory authority conferred upon the Board of Trustees includes the specific authority under Indiana Code 21-39-2 to regulate the conduct of students and others as follows: a. To govern, by regulation and other means, the conduct of students, faculty, employees, and others while upon the property owned, used, or occupied by the institution. b. To govern, by lawful means, the conduct of its students, faculty and employees, wherever the conduct might occur, to prevent unlawful or objectionable acts that: (1) seriously threaten the ability of the institution to maintain its facilities; or (2) violate the reasonable rules and standards of the institution designed to protect the academic community from unlawful conduct or conduct presenting a serious threat to person or property of the academic community. c. To dismiss, suspend or otherwise punish any student, faculty member, or employee of the institution who violates the institution’s rules or standards of conduct, after determination of guilt by lawful proceedings. The Board of Trustees has delegated its authority to regulate the conduct of students to the President and to the Vice President for Student Affairs and Dean of Students, who in turn have further delegated to the other Student Affairs staff the authority to implement and apply the Code of Conduct (section V) and the Disciplinary Procedures (section VI) set forth in this Code of Student Rights and Responsibilities. Whenever an action is permitted or required to be taken under this Code of Student Rights and Responsibilities by a University Officer or other employee, the action may be taken by that person's designee. 2.2 The Code of Conduct and the Disciplinary Procedures set forth in this Code of Student Rights and Responsibilities may apply to off-campus as well as on-campus conduct, as is clear from the statutory authority described in Section 2.1(b) above allowing for the regulation of the conduct of students "wherever the conduct might occur." The Code applies to all conduct of students and student organizations on-campus. It also applies to certain off-campus conduct including: a. Conduct that causes or threatens harm to the health or safety to the person or damage or destruction to the property of a member of the University community; b. Conduct in connection with an academic course assignment, internship, practicum, field trip, student teaching, research or other University activity; c. Conduct in connection with any activity sponsored, conducted or authorized by the University or by a student organization; d. Conduct involving serious crimes including all crimes of violence, felonies or the sale or distribution of illegal drugs or controlled substances, if a police report has been filed, a summons or indictment has been issued, or an arrest has occurred; or e. Conduct adversely affecting the University community or indicating that the continued presence of a student on campus poses a threat to the student's well-being or the well-being of other members of the University community.
2.3. At the discretion of University officials, disciplinary action under this Code of Student Rights and Responsibilities may proceed in advance of or during the pendency of other proceedings. 2.4 Application--These policies and procedures, as from time to time amended, shall apply to all undergraduate and graduate students of Ball State University and shall be deemed a part of the terms and conditions of admission and enrollment of all students. These policies and procedures shall apply to a student's conduct even if the student withdraws from the University while a disciplinary matter is pending. These policies and procedures, and any amendments hereto, shall take effect on the date prescribed by the Board of Trustees and shall remain in effect until rescinded or modified by the Board of Trustees.
2.5 Interpretation--Any question of interpretation or application of the Code of Student Rights and Responsibilities shall be referred to the Vice President for Student Affairs and Dean of Students or his or her designee for final determination.
2.6 Amendments and Review--Amendments may be proposed by the Ball State Student Government Association, University Senate, administrative staff, or by the Board of Trustees. In addition, the Code of Student Rights and Responsibilities shall be reviewed at least every two years under the direction of the Director of Student Rights and Responsibilities or other University official designated by the Vice President for Student Affairs and Dean of Students. The Code was last reviewed and amended in 2012.
2.7 Notice--A notice of the Code of Student Rights and Responsibilities will be sent at the beginning of each semester to the University community by email.
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