SEMO code of conduct obscures nature of students' offenses

Editor's note: This is the second in an occasional series looking at sexual violence on college campuses and the way crimes are reported.

At Southeast Missouri State University, sexual violence isn't just a criminal offense; it's also grounds for disciplinary action up to and including expulsion, even if the behavior occurred off-campus.

The university's own student code of conduct makes it difficult to sort out the results of campus disciplinary proceedings, however.

In February, the Southeast Missourian sent Southeast Missouri State University a sunshine request for the final results of any disciplinary proceedings in which students were accused of sexual violence from 2009 through 2013; the dates of all violent or nonforcible sex offenses brought to the judicial board; and the total number of sanctions issued and incidents reviewed by the board each year during that period.

The request yielded five reports on disciplinary proceedings, but because of the way the university's code of conduct is written, it was impossible to tell what types of offenses the students had committed.

The code is divided into numbered sections. Section 4, which deals with sexual misconduct, covers a range of other behaviors, including several that are not sexual in nature: "physical abuse, sexual misconduct, verbal abuse, threats, intimidation, stalking, harassment, sexual harassment, coercion and/or other conduct which (a) submits any person to pain, discomfort or indignity or (b) threatens or endangers the physical or mental health or safety of any person. This can include threats, harassment, and other forms of misconduct through electronic forms of communication and social media."

Thus, a student who rapes a classmate would be charged with the same violation as a student who gets into a physical altercation with a roommate, although the two students obviously would face different consequences for their actions.

Of the five students sanctioned for Section 4 violations between October 2009 and December 2012, one was expelled, one was suspended, and one was required to move out of a residence hall.

All five were fined, with amounts ranging from $35 to $175.

Other sanctions included counseling, anger management or other programs; community service; and writing a three-page report.

The university's sexual assault guidelines -- which last were updated this spring -- indicate any "forcible sexual offense" will result in automatic expulsion from the university, while lesser sexual offenses can lead to suspension or dismissal with the possibility of later readmission.

But sexual misconduct is not the only behavior that can lead to temporary or permanent removal from the university, so it is impossible to tell from the records the exact nature of the students' offenses.

Debbie Below, dean of students and vice president for enrollment management and student success, acknowledged the classification could be clearer.

"That is an issue, and that is something we've talked about if we do a code review," she said.

Randy Carter, assistant dean of students for SEMO, said the categories are intentionally broad, because listing every possible offense as a separate violation would make the code unwieldy.

"[It's] much more effective to have it general," he said.

The university does not release the names of students involved in disciplinary proceedings, but students who need such records to apply to other organizations or programs -- for instance, law students seeking admission to the American Bar Association -- can obtain copies by filing a written request, Carter said.

"We don't report findings from student conduct cases out to outside agencies," he said.

The records released to students themselves include the specific accusations against the student, although the names of any other students involved are redacted, he said.

While privacy policies may obscure students' disciplinary records, university officials can release some information in the interest of public safety, officials said.

For instance, if a student is accused of a violent crime, the university might issue a notification of trespass, ordering the student to stay away from part or all of the campus until the case is resolved, Carter said.

In such a case, university officials could circulate a picture of the student to faculty, staff or others to ensure the student is not admitted to forbidden areas, he said.

Notifications of trespass can be issued for part or all of the campus, Below said.

Depending on the circumstances of the case, the university also could issue a "no-contact order" -- similar to an order of protection -- to keep the accused from contacting the complainant; change the student's class schedule; or move the student out of a residence hall, Below said.

Jim Cook, Title IX coordinator for SEMO, said the university typically issues no-contact orders before cases are adjudicated.

If officials believe a crime has occurred, they report the matter to DPS, Cook said.

That report occurs long before the case is adjudicated at the campus level, Carter added.

epriddy@semissourian.com

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Southeast Missouri State University, Cape Girardeau, MO