Concordia College

The Joint Statement on the Rights, Freedoms and Responsibilities of Concordia Students
Preamble
The purpose of Concordia College is to influence the affairs of the world by sending into society thoughtful and informed men and women dedicated to the Christian life. As a liberal arts college of the Evangelical Lutheran Church in America, Concordia is committed to fostering the spiritual, intellectual, physical, social, and emotional growth of its students which will help them achieve their fullest potential as human beings. Concordia College seeks to influence the world in God’s behalf by fully educating the whole person in the context of an institution which is simultaneously an academic community and a community of faith.

Students, as members of the Concordia College community, possess those fundamental human rights necessary to the pursuit of truth and the freedom to learn. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus and in the greater community. At the same time, students share the responsibility to secure and respect those conditions conducive to the pursuit of learning and development of individuals within the community. Both personal freedom and responsibility are vital to individual and community growth.

As a college of the church, student life is also conducted in the context of Christian freedom and responsibility, of the Law and the Gospel. The Law is understood to function in three general usages: first, to maintain order in society; second, to convict of sin; and third, to serve as a guide toward responsible action in the world. Through the freeing grace of the Gospel, Christians stand justified as forgiven sinners and are empowered to serve in the world rather than withdraw from it. The spiritual dimensions of life find concrete, incarnational expression in the material world. In such a context, scholarship itself can be understood as an expression of spiritual discipline and witness. Christian life then centers around the freedom of God’s redeeming grace in Christ which is affirmed in faith and expressed in loving responsible service to one’s neighbor and the world. It is this simultaneous relationship before God and with humanity that forms the theological locus for the Christian life and also for the campus community of faith.

As a private institution, Concordia College has the right to establish standards and expectations of academic performance and personal conduct and procedures for handling complaints. In choosing to enroll at Concordia, students enter into an agreement with the institution thereby consenting to fulfill the college’s expectations of them and to adhere to its standards of conduct. Through its Catalog and other publications the college agrees to provide the educational opportunities and services as stipulated.

The purpose of this document is to outline the basic rights and responsibilities of Concordia students. These basic rights and responsibilities are clarified in the various corollary policy statements. All corollary policies shall be consistent with the provisions of this document. This document and all corollary policy statements must be interpreted in a manner consistent with the provisions of the Concordia College Corporation’s Articles of Incorporation and Bylaws.

Admission to the College
Students are considered for admission to the college regardless of sex, race, color, age, religion, cultural background or handicap. To be considered for admission, students must have adequate academic preparation, demonstrated ability to do college-level work, and supportive character references.

Thus, within the limits of our facilities, Concordia College is open to all students who have followed admissions procedures and are qualified according to its admissions standards. It is to be understood that the college, within the context of its mission as an institution of the Evangelical Lutheran Church in America, does make a concerted effort to recruit Lutheran students.

Rights and Responsibilities in Academic Pursuits
Concordia is a Christian liberal arts college of the Evangelical Lutheran Church in America devoted to academic excellence. In order to promote a spirit of intellectual inquiry, in the context of the college’s mission, there needs to be explicitly stated rights, responsibilities and procedures for resolving disputes while engaging in the pursuit of academic excellence.

This statement of academic rights and responsibilities is developed in agreement with the Joint Statement on Academic Responsibility and enforced by both students and faculty in an atmosphere of mutual trust and understanding. Within the curriculum and structure of the college, students and faculty should strive to meet the needs of a community of scholars by acting honorably in any situation. The following are recognized as the fundamental academic rights and responsibilities of students:

Student Rights. Students should be:
a. free to take reasoned exception to data, interpretations, or views offered in the classroom or other academic settings, but not to the extent that they infringe upon the rights of others.
b. clearly informed of the factors used in the evaluation of their performance and the weighting of these factors.
c. able to judge their progress through the return of evaluated material at reasonable intervals.
d. protected against improper disclosure of privileged information, such as students’ views, beliefs and political associations acquired in the course of instruction by professional personnel on campus. Such material should be considered confidential.
e. required to do work directly related to the course of study. Students and their work shall not be exploited for private or corporate advantage by others.

Student Responsibilities. Students are expected to:
a. maintain standards of academic performance established by the college and for each course in which they are enrolled.
b. maintain orderly and responsible personal conduct in the academic setting, including the appropriate handling of academic property.
c. act honorably in all academic situations.

Corollary Policies:
1. Academic Integrity at Concordia
2. Academic Policies
3. Sexual Harassment Policy
4. Policy on Sexual Violence
5. Bias-related Violence, Intimidation and Harassment Policy
6. Hazing Policy

Rights and Responsibilities for Student Conduct
In the context of the college’s mission, Concordia has a special obligation of providing an atmosphere conducive, not only to academic growth, but to spiritual, intellectual, physical, social, and emotional growth as well.

Such individual development is most effectively nurtured in an atmosphere of support, challenge, and freedom to grow; an atmosphere where concern ought to be characterized by caring enough about persons to encourage them to live up to their potential.

An atmosphere of challenge and freedom to grow does not, however, imply living without limits. One of the ways in which individual growth is nurtured is through teaching personal responsibility. The college can help stimulate personal responsibility by setting limits for appropriate student conduct. These policies need to be carefully developed, articulated and reasonably enforced, thereby holding students accountable for their actions.

The Student Affairs Committee has the responsibility for recommending to the president of the college changes in or additions to existing institutional standards of conduct and penalty guidelines for infractions. These standards of conduct or changes in these standards must be published and distributed in such a manner that all students have ready access to them.

All members of the college community — students, faculty and staff — share a responsibility for upholding the standards of conduct. Anyone may file complaints against a student for violating established regulations with the dean of students’ office.
Corollary Policies:

1. Student Responsibility Code
2. General Institutional Policies
3. Housing Policies
4. Social Policies
5. Penalty Guidelines

Rights and Responsibilities of Students Living Off Campus
Concordia students living off campus are both citizens of the Fargo-Moorhead community and members of the college community. As citizens, students living off campus have the same rights and responsibilities as other citizens. As members of the college community, students living off campus are also responsible to the institution where the interests of the college community are involved. When there are problems related to a student’s off-campus conduct, the college reserves the right to investigate and take action.

Corollary Policy:
1. Off-campus Policies

Procedural Standards in Disciplinary Actions
The college has a duty and a responsibility to protect its educational purpose by setting standards of scholarship and conduct for the students who attend. When it appears a student violates college policies or regulations, their conduct should be confronted. If disciplinary charges are initiated, procedural fairness should be guaranteed the student. Procedural fair play requires that the student be informed of the charges against him/ her, that he/she be given a fair opportunity to refute them, that the institution not be arbitrary in its actions, and that there be provision for appeal of a decision.

Investigation of Student Conduct. Except in emergency situations, premises occupied by students and the personal possessions of students should not be searched unless appropriate authorization has been obtained. For premises controlled by the institution, an appropriate and responsible authority should be designated to whom the application should be made before a search is conducted. The application should specify the reasons for the search and the objects or information sought. Authorization should only be given in circumstances where there is reasonable cause to believe a violation of college policy exists.

It is understood this provision does not preclude room inspections or limited searches. The college should make a reasonable attempt to contact the student in order for them to be present for the search.

For off-campus premises not owned or controlled by the institution, the ordinary requirements for lawful search are to be followed.

Status of Student Charged with Violating College Policy. Students should be notified within a reasonable amount of time of possible charges against them. Furthermore, students should be notified of their rights prior to being charged with a violation of college policy. Pending action on most disciplinary charges, the status of a student should not be altered nor his or her right to be present on the campus and to attend classes suspended. However, in those instances where the college determines the presence of a student on campus poses a threat to either person(s) or property, she/he may be suspended on an interim basis until the case is adjudicated.

Institutional Authority and Civil Penalties. In instances either on or off campus where students are alleged to be involved in a violation of college policy or civil law, the college reserves the right to take disciplinary action. Furthermore, if civil charges are filed against students, the college retains the right to take on-campus disciplinary action against the student prior to the civil hearing. The courts have referred to the concept as overlapping jurisdiction. However, institutional authority should never be used merely to duplicate the function of general laws, e.g., imposing a similar sanction.

Corollary Policies:
1. Social Responsibility Code
2. Joint statement on Academic Responsibility
3. Standard Operating Procedures for the College Appeal Board
4. Search and Inspection Policy

Rights and Responsibilities Associated With Student Records
Concordia College affirms the student’s right to privacy and protection against improper disclosure of information contained in institutional records as defined in the College Record Policy. In order to secure these rights, an explicit set of policy statements must be maintained. These statements should inform students of the existence of such records, differentiate among the types of information contained in institutional records, and assure that information is used only for its intended purposes.

Based on established law and policy, students should have the right to inspect and review information contained in their education records; to challenge the contents of their education records; to have a hearing if the outcome of the challenge is unsatisfactory; and to submit explanatory statements for inclusion in their files if they feel the decisions of the hearing panels are unacceptable.

Information about individuals should be retained only so long as it is valid, useful or legally mandated and those responsible for the records have an obligation to destroy the information when conditions under which it was collected no longer prevail.

College policies regarding student records should be written and maintained in accordance with prevailing state and federal law (e.g., the prevailing Family Educational Rights and Privacy Act of 1974).

Corollary Policy:
1. Records Policy

Rights and Responsibilities of Inquiry and Expression
Individual students and student organizations shall be free to examine and to discuss all questions of interest and concern to them and to express opinions publicly and privately. Students shall always be free to support causes by orderly means which do not disrupt the purpose or essential operation of the institution. At the same time, it should be made clear to the academic and the larger community that in their public expressions or demonstrations, students or student organizations speak only for themselves and not for the institution.

Students shall be free through recognized student organizations to invite and hear any person of their own choosing. Those routine procedures required by the college before a guest speaker is invited to appear on campus shall be designed only to ensure there is orderly scheduling of facilities and adequate preparation for the event, and that the occasion is conducted in a manner appropriate to the academic community.

Recognizing the desirability of an informed dialectic, a speaker should not be invited to the campus for the sole purpose of sensationalism or embarrassment of the college, but rather sponsoring organizations are encouraged to invite speakers who represent the spectrum of thought so a variety of views may be presented.

The institutional control of campus facilities shall not be used as a device of censorship. It should be made clear to the academic and larger community that sponsorship of guest speakers does not necessarily imply approval or endorsement of the views expressed, either by the sponsoring group or the institution.

Action by individuals or groups to prevent speakers invited to the campus from speaking, to disrupt the purpose or essential operations of the college in the course of a demonstration, or to obstruct and restrain other members of the college community and campus visitors by verbal harassment or physical force is destructive to the pursuit of learning and a free society. All members of the college community are under a strong obligation to protect its processes from these tactics.

Speakers invited to campus must be accorded the courtesy of an uninterrupted presentation. Except for ceremonial occasions, speakers must accept as a condition of their appearance, the right of their audience to question or challenge statements made in the address. Questions must be permitted from the floor unless other opportunities are made available for questioning or questioning is prevented by the physical limitations of the situation or the size of the audience. The invitation or scheduling of such a program must represent desire of the sponsoring organization and not the will of external individuals or organizations.

Corollary Policies:
1. Speaker Policy
2. Demonstrations Policy
3. Display Policy
4. Promotions Policy
5. Fund-raising and Sales Policy
6. Policies for Student Organizations

Student Participation in Institutional Governance
As constituents of the academic community, students shall be free, individually and collectively, to express their views on issues of institutional policy and on matters of general interest to the student body.

Consistent with the provisions of this document, students shall be free to establish a student government which is to be their official representative in the formulation and application of institutional policy and in enhancing student life.
As the official voice of the student body, student government is free to represent students subject only to the will of students at large. This special role of student government shall be made explicit in its constitution.

The student government should have clearly defined means of participating in institutional policy-making, including the appointment of students to appropriate institutional committees. As a campus organization, student government is expected to follow established college policies and procedures governing student organizations.

Given its special status, the college will provide mechanisms for the financial support of student government. Student government shall recommend and the Board of Regents will finally set any required student activity fees which are to be collected from all students. Once a fee has been approved and collected, student government has the power to appropriate monies. The college reserves the right to forbid any appropriation which may violate civil law or college policy.

Corollary Policies:
1. The Concordia College Student Association Constitution and Bylaws
2. The Concordia College Student Senate Handbook

Rights and Responsibilities of Association
Students shall be free to pursue their various interests both individually and collectively on campus and in the community. Concordia College encourages its students to organize and join associations that promote their common interests.

The rights of association shall not be exercised with such autonomy so as to infringe upon the rights of others in the community. The college shall establish such policies regulating student organizations as are necessary to assure responsible exercise of the right of association.

Criteria for Association
In order to be eligible for recognition as a campus organization, all groups must meet the following criteria:

a. consist of four or more members who are full-time Concordia students.
b. have purposes consistent with the purposes and standards of Concordia College and the Evangelical Lutheran Church in America.
c. have a constitution which includes:
1. a statement of purpose.
2. criteria for membership which stipulate the organization is open to all students without respect to race, color, creed, age, handicap, sex, national origin or religious affiliation and that all officers are to be full-time Concordia students and that all voting members must be enrolled at Concordia.
d. identify any affiliations with extramural organizations.

Rights of Association
The college guarantees recognized student organizations the right to:
a. hold meetings and social events.
b. use the name of the college in connection with the publicity of the organization’s activities.
c. use the facilities of the college, such as buildings, equipment and vehicles subject to appropriate restrictions.
d. have its events listed on appropriate calendars.

Responsibilities of Association
In order to implement and maintain official recognition, student organizations are responsible for:
a. securing a faculty or professional staff adviser.
b. annually registering with the Cornerstone Programming Center.
c. maintaining and abiding by its approved constitution.
d. complying with all policies and procedures established by the Cornerstone Programming Center.
e. complying with the provisions of this document and applicable corollary policies.
f. adhering to college policies and procedures.
g. maintaining an active and worthwhile student-centered program.
h. maintaining fiscal responsibility and depositing organization funds in the Business Office, and, if funded by student government, complying with student government funding policies.
i. recognizing that failure to comply with provisions of this document and corollary policies may result in the revocation of institutional recognition.

Role of Adviser
Organizations should be free to choose their own adviser. However, in the event an organization is unable to secure an adviser, the director of student programming will serve as the adviser until another adviser is selected. It is the expectation that advisers:
a. provide continuity in the functioning of the group.
b. are available as resource people to help inform and guide activities of the group.
c. stimulate interest in the organization and encourage the maintenance of a worthwhile student-centered program.
d. serve as a check to help ensure the organization follows college policy and fulfills its responsibilities as a student organization.

Corollary Policies:
1. Policies for Student Organizations
2. Pledging Policy
3. Demonstrations Policy
4. Hazing Policy
5. Display Policy
6. Vehicle Policy
7. Multicollege Recognition Policy
8. Fund-raising and Sales Policy
9. Security Officers Policy
10. Organizational Constitutions

Rights and Responsibilities of Student Publications and Broadcast Media
Student publications and broadcast media are a valuable aid in establishing and maintaining an atmosphere for free and responsible discussion and for intellectual exploration on campus. They are a means of formulating student opinion on various issues.
In addition, they serve to bring student concerns to the attention of the faculty and the administration. The audience for publications and broadcasts is not limited to students, but includes faculty and staff as well as alumni and friends of the college.

Because any publications or broadcasts, official and unofficial, which utilize college facilities or services are not financially and legally separate from the college, Concordia College bears legal responsibility for their content.
In the delegation of editorial responsibility to students, the college must provide sufficient editorial and financial autonomy for the student publications and broadcast media to maintain their integrity of purpose as vehicles for free inquiry and free expression in the college community.

At the same time, the editorial freedom of student editors and managers entails the corollary duty to engage in responsible journalism and broadcasting. It is the additional responsibility of editors and managers to exhibit quality in publications and programming reflective of the college’s purposes and commitment to excellence.

The role of student publications and broadcast media in both their general and specific responsibilities should be made explicit. Proper
institutional authorities, in consultation with students and faculty, have a responsibility to provide clarification of the role of student publications and broadcasts, the standards to be used in their evaluation, and the limitation on external control.

Student publications and broadcast media shall be:
a. free of censorship and advance approval of copy. Editors, managers and directors shall be free to develop their own editorial policies in agreement with this document and corollary policies.
b. protected from arbitrary suspension and removal of editors, directors, and managers because of student, faculty, administrative or public disapproval of editorial policy or content. Only for proper and stated causes should editors and managers be subject to removal and then only by orderly and prescribed procedures.
c. responsible for explicitly stating that the opinions therein expressed are not necessarily those of Concordia College or its student body.
d. responsible to the Student Affairs Committee, acting as a Board of Publication and Broadcast, and ultimately to the president of the college for all official and unofficial publications or broadcasts.
Corollary Policies:
1. Newspaper (Concordian) Policy
2. Yearbook (Cobber) Policy
3. AfterWork Policy

Amendment, Interpretation and Enforcement
The Student Affairs Committee of Concordia College, composed of three voting representatives each from the administration, faculty and student government, shall be responsible for interpreting and enforcing this document.

In interpreting this document, the committee shall abide by the following provisions:
a. Matters of Policy. These shall be considered by the committee in an advisory capacity. Policy questions would include, but not be limited to, any modifications or additions to this document. Any recommended changes in this Joint Statement must be referred to the president of the college and student government for approval. Changes may be referred to the Board of Regents for its approval.
b. Matters of Corollary Policies. The committee shall delineate specific corollary policies essential to the implementation of and consistent with this document. Such policies shall be recommended to the president of the college.
c. Matters of Procedure. The committee shall delineate specific procedures essential to the implementation of the Joint Statement. Decisions of the committee shall be binding, except where a majority of the representatives from one of the constituent bodies (faculty, administration or students) wants to appeal the procedure by which the decision was made. In that case, the matter is referred to the president of the college who shall consult with the constituent bodies involved.
d. Matters of Enforcement. The committee shall be responsible for investigating alleged violations of this statement. It shall also adjudicate those matters specifically assigned to it in the implementation of procedures. All enforcement proceedings shall be consistent with provisions of this statement. Decisions by the committee shall be made by a simple majority of the committee membership. The committee shall have the power to adopt its own standard operating procedures deemed necessary to the implementation of this statement, consistent with the provisions of the statement.
The Student Affairs Committee is accountable and advisory to the president of the college. The jurisdiction and powers of this committee and its subordinate bodies shall be subject to the provisions of the Concordia College Charter and Bylaws and to the laws of the state of Minnesota.

Ratification
This document shall become effective upon being referred to the Student Association, the president, and the Board of Regents of the college and approved by those authorities according to their respective procedures.

Following approval by the Student Affairs Committee, Dr. Ernest Simmons Jr., chair, and the Student Senate, this Student Rights and Responsibilities Document was approved by the Concordia College Board of Regents Oct. 5, 1984.

Copies of the Corollary Policies referred to, and not included in this College Handbook, can be obtained through the Student Affairs Office or Campus Information.