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Overview
Mountain State University recognizes all aspects of enrollment, attendance, and participation in University classes, programs, housing, and activities as an educational experience for its students. Therefore, the University views student behavior and academic conduct as congruent issues. These procedures are designed to provide students with instruction and guidance regarding appropriate conduct/behavior in professional situations. Please note that Mountain State University reserves the right to remove any student at any time for any reason that the University believes to be in furtherance of its mission of higher education.
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Professional Conduct
Every student enrolled at Mountain State University shall conduct himself/herself in accordance with the mission and goals of the University. Such conduct includes, without limitation, maintaining integrity and honesty in educational pursuits, respecting the rights and privileges of others, and upholding the laws of the State of West Virginia and the United States of America. It is the responsibility of the student to educate him/herself and abide by all University policies and procedures related to students, including all program policies and procedures, all classroom requirements, all housing policies and procedures, all library policies and procedures, all lab policies and procedures, and all other policies and procedures of the University.. The University reserves the right to modify any policies and procedures as necessary to further its mission of higher education and will give reasonable notice to students of changes.
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Investigations and Sanctions
Charges regarding Academic Integrity:
Faculty and staff members may complete an incident report concerning any student who is suspected of a breech of academic integrity (e.g., cheating, plagiarism, etc.). The faculty or staff member will investigate the matter and may appropriately institute sanctions against the student in furtherance of the mission and goals of Mountain State University. Students may appeal any decision made under this policy by following the appeal procedure detailed below. All students will, in good faith, cooperate in any investigation. Sanctions may include, without limitation, verbal reprimands, written reprimands, professional probation, disciplinary probation, restitution, social probation, counseling, dismissal from a class, community service, mandatory referral for treatment or evaluation, suspension or dismissal from a program, suspension from the University, and probation or suspension from financial aid participation. Only the President may expel a student from Mountain State University. Be aware that some charges involving academic integrity may include charges of misconduct which may also be reported to the Dean of Students and Campus Life.
Charges of Misconduct or Behavioral Issues:
Any person may file a complaint with Mountain State University regarding the behavior or conduct of any student. This is accomplished by completing an incident report and forwarding it to the Dean of Students and Campus Life. The Dean of Students and Campus Life will investigate the matter and may appropriately institute sanctions against the student in furtherance of the mission and goals of Mountain State University. All students will, in good faith, cooperate in any investigation. Sanctions may include, without limitation, verbal reprimands, written reprimands, professional probation, disciplinary probation, restitution, social probation, counseling, dismissal from a class, community service, mandatory referral for treatment or evaluation, suspension or dismissal from a program, suspension from the University, and probation or suspension from financial aid participation. Only the President may expel a student from Mountain State University. Be aware that some charges involving conduct or behavioral issues may include charges of academic integrity which may also be reported to the staff of the student's program of study.
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Duplicate Sanctions or Procedures
These procedures may subject a student to process for violation of University policy and/or procedure by more than one program or entity at Mountain State University. In the event that a student is subject to process for violation of University policy and/or procedure by more than one program or entity at Mountain State University, the student may petition the Chair of the Academic Review Board to consolidate the processes into one procedure. The Chair of the Academic Review Board may, within his/her discretion, consolidate duplicate processes involving an individual student, as reasonable to further the mission of Mountain State University.
"Day" defined. A day, when referred to in these procedures or any University program policy or procedure, shall be defined as a full day during the fall, spring, summer I, and summer II academic term, excluding weekend days and University-observed holidays.
Exhaustion of program procedures. No student may utilize the grievance procedures discussed herein unless and until all procedures offered by the relevant University program have been fully exhausted, provided however, that if the student believes that resolution of a grievance through established program procedures would be unconscionable or futile, the student may petition the Chair of the Academic Review Board to waive all program procedures. The Chair of the Academic Review Board may, within his/her discretion, limit, waive, or modify program procedures as he/she deems reasonable to further the mission of Mountain State University.
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Conflicts in Policies
The University will make reasonable efforts to interpret program/department policies and procedures in a way that is consistent with one another. However, in the event that any course syllabus, program policy, procedure, or other document conflicts with the Mountain State University Undergraduate Catalog, the Mountain State University Graduate Catalog, or the University's policies posted at www.mountainstate.edu/current/policies/ the Catalog and the policies posted at www.mountainstate.edu/current/policies/ will govern.
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Appeal Procedures (Including Grade Appeals)
Any student may utilize these appeal procedures to challenge the following University actions only: a final course grade of D or F, professional probation, disciplinary probation, restitution, social probation, counseling, dismissal from a class, community service, mandatory referral for treatment or evaluation, suspension or dismissal from a program, suspension from the University, probation or suspension from financial aid participation removal of the student from University housing, restrictions on the student regarding his/her physical presence on campus, and/or revocation of a student privilege (e.g., computer use, activity attendance, etc.). Note: Disciplinary Appeals are limited on the following bases: failure on the University’s part to follow its’ established processes; new pertinent information not available at the time sanctions were issued; and the student feels sanctions were too harsh. A student may challenge such University action using the following appeal procedures:
- Level One. Within five (5) days following the student's notice of the action, the student shall meet with the initiating faculty or staff member or the Dean of Students and Campus Life (whichever individual made the decision and/or initiated the sanction). The student should present at this meeting a written appeal with supporting documentation (if any) explaining the basis of the appeal. The faculty/staff member or the Dean of Students and Campus Life will, within five (5) days following the meeting, deliver to the student written notice that the initial sanction is either upheld or reversed, in whole or in part. If the student is unable to resolve the matter at this level, or if this discussion would be impossible or futile, the student may appeal the decision in accordance with Level Two.
- Level Two. Within five (5) days following the receipt of the appeal decision as outlined in Level One, or in the event that the student's meeting with the University employee in Level One would be impossible or futile, the student may, by certified mail, deliver a complete written appeal to the faculty/staff member's Senior Academic Officer (regarding grade appeals or charges of academic integrity) or the Campus Provost (for all other issues) The student's appeal must provide adequate factual allegations and appropriate accompanying documentation to support the grievance of the student. Upon receipt of a timely appeal from the student, the supervising academic officer for the program or the Campus Provost (as appropriate) shall investigate the matter and may within his/her discretion require from any University employee additional documentation necessary to fairly evaluate the student grievance. Upon review and investigation of the appeal, the initial sanction may be either upheld or reversed, in whole or in part. The hearing officer shall provide written notification outlining his/her decision to the student and the faculty member or administrator within ten (10) days of the timely receipt of the student's appeal.
- Level Three. Within five (5) days following notice of the Level Three decision, the student may, by certified mail, deliver a complete written appeal to the Chair of the Academic Review Board. The appeal must provide adequate factual allegations and appropriate accompanying documentation to support the appeal. Upon receipt of a timely appeal, the Chair of the Academic Review Board will convene a meeting to determine if the student has provided sufficient evidence to review the appeal. If the Academic Review Board determines that there is not enough evidence to conduct a review, then the Level Two decision will be upheld. If the Academic Review Board determines that the student has provided sufficient evidence to review the appeal, the Academic Review Board shall investigate the matter and may require from any faculty or staff additional documentation necessary to fairly evaluate the appeal. The Academic Review Board may uphold the Level Two decision, reverse the Level Two decision in whole or in part, or may make further changes deemed appropriate to further the University's mission. The Chair of the Academic Review Board shall notify all parties in writing within ten (10) days after receipt of the appeal of the decision.
The decision of the Academic Review Board is final, except that the President of Mountain State University may, within his/her discretion, reverse or modify the decision of the Academic Review Board as necessary to further the mission of the University.
The Academic Review Board is an academic entity comprised of 5 (five) members. Three members shall be from the University faculty (one being the Chair) and appointed by the University President. One member shall be a University administrative staff member appointed by the University President. One member shall be the President of the MSU Student Government Association. A minimum of three members of the Board (including the Chair) must be present to render decisions or administer appeals.
Any petition filed in accordance with this paragraph shall be mailed, certified, addressed as follows:
PETITION FOR ACADEMIC REVIEW
Office of the President
Mountain State University
Box 9003
Beckley WV 25802-9003
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Notice Regarding Time Limits
Administrators at each appeal level may extend the time limits stated in these procedures as appropriate to provide a fair and thorough review and resolution of the student grievance.
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Legal Intervention
Any correspondence from a student's attorney to the University shall be addressed to Mountain State University, General Counsel, Box 9003, Beckley WV 25802-9003. The relevant Senior Academic Officer may at his/her discretion postpone and/or reinitiate the appeals process as he/she deems appropriate in the event that the student seeks formal legal intervention.
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University Appeal Process Flow Chart
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