1.) After a student has been found responsible for a student conduct code violation and a sanction has been imposed, he or she will be orally informed by the Office of Student Judicial Affairs of the consequences of failing to complete the sanction. The Office of Student Judicial Affairs will also provide the student with that information in writing in the initial decision letter.
2.) If a student fails to complete the disciplinary sanction by the assigned deadline, the Office of Student Judicial Affairs will:
a) Send the student a letter that states:i) the student's ability to register for classes, drop classes, or change grade options will be placed on hold until verification that the student has completed the sanction has been received by the Office of Student Judicial Affairs.b) When a hold is placed on a student's record, the Office of Student Judicial Affairs will inform the student in a letter that the hold has been placed, the consequences of the hold, and the actions required to have the hold removed.
ii) the student has five class days after the deadline to show that he or she has completed the assigned sanction before the hold will be placed; and
iii) it is the student's responsibility to ensure that the Office of Student Judicial Affairs receives notice of completion of the sanction.
c) The hold will be removed immediately after the student has provided verification of completion of the sanction.
3.) A student who is unable to register because the student has
not completed a sanction may seek a waiver from the Office of Judicial
Affairs. The Office of Judicial Affairs will grant a waiver, allowing the
student to register, provided the student agrees the student's registration
may be cancelled immediately and the hold reinstated if the student has
not completed the sanction by a deadline set by the Office of Judicial
Affairs, in its sole discretion.
To enforce timely completion of sanctions imposed under this Code, a routine review of cases involving delinquency in compliance is provided by the show-cause proceedings described below: (1) Prior to the end of each term, the Coordinator of Student Conduct shall:
(a) Reguest that the Hearing Board Chair or member of the hearing board appointed by the Chair serve as a hearings officer to hear all pending cases involving the alleged violations of OAR 571-21-030(16) of the Student Conduct Code;(2) A show-cause hearing shall be one in which, after the prosecution shows that student conduct records do not reflect complete fulfillment of the outstanding sanction, the individual under sanction shall have the burden of introducing evidence or testimony that the sanction has in fact been fulfilled. The individual under sanction may also introduce evidence or testimony that fulfillment of the sanction on schedule was not possible because of extrinsic events which, as a practical matter, precluded performance of the sanction. The prosecution is then free to cross-examine and to introduce rebuttal evidence if it so desires. The hearings officer shall consider whether the alleged extrinsic events, if any, were reasonably foreseeable (and thus could have been planned for and scheduled around) and whether alternative arrangements could have been initiated by the individual under sanction to enable fulfillment (or an agreed-upon extension) once the extrinsic event(s) occurred. If a preponderance of the credible evidence supports unextenuated nonfulfillment of the sanction, the hearings officer shall proceed under subsections (6)(a) - (c) and (6) (e) and (f) of this rule. If the hearings officer finds extenuation due to extrinsic events applies to all or a portion of the sanction, the individual under sanction shall not, at that time, be guilty of violating OAR 571-21-030(16) as to such portion. However, he or she must resume fulfilling the sanction as soon as the extrinsic event ceases to be operational.
(b) Set a date, time, and place for the show-cause hearing so that it will occur prior to the beginning of classes for the next succeeding academic term (summer term excepted);
(c) Notify all students accused of sanction delinquency of the hearing date, time, and place, and advise them of their right to contest the matter and their right to be represented as provided by OAR 571-21-055.
(a) The right of peremptory challenge is restricted to provide that each term the Director of the Office of Student Advocacy may designate two members from the existing board who are not acceptable to serve as a hearings officer for the next ensuing show-cause hearing;(4) The Director of the Office of Student Advocacy shall appoint counsel to represent all defendants, not otherwise represented, who have been requested to show cause at any given hearing scheduled for that purpose.
(b) Explicit authority is granted the hearings officer to rule on a case involving a defendant who is not present for the hearing, provided said defendant has been notified in writing of the alleged Code violation and the date, time, and place of the show-cause hearing and said written notice has been personally served upon the defendant or has been transmitted by United States mail, certified, with return receipt signed by the defendant, the defendant's legal agent, or a member of the defendant's immediate household no less than 72 hours before said hearing date;
(c) The disposition of a show-cause proceeding is enforceable pending the outcome of a successful appeal.
(a) Receive pertinent case files from the Coordinator of Student Conduct and make them available to the hearings officer at the hearing;(6) After receiving the University's recommendation and providing the defendant with an opportunity to show cause, the hearings officer may:
(b) Answer questions about the files posed by either the hearings officer, the defendants, or their counsel;
(c) State, explain, and advocate the University's recommendation for disposition of each case.
(a) Block or cancel the student's registration until the delinquent sanction has been completed including, at the discretion of the hearings officer, any portion of it previously suspended on condition of timely performance; and/orMotion Passed by the UO Senate 10 October 2001
(b) Order that a negative notation of the fact of nonfulfillment of the sanction, the nature and the extent of the sanction, and the conviction which supported the sanction be made on the student's transcript and remain thereon for so long as the hearings officer shall direct, but in no case longer than sixty (60) days after the Student Conduct Office records reflect that the sanction has been completely fulfilled;
(c) Grant the student an extension of time to complete the delinquent sanction with the option of imposing additional sanctions for the delinquency;
(d) Find the student has satisfactorily completed the sanction or, as a practical matter, was prevented by extrinsic conditions from timely fulfillment of the sanction and dismiss the charge;
(e) The hearings officer shall not impose additional sanctions in the event a blockage or cancellation of the student's registration under subsection (a) of this section has been ordered; or
(f) If the student's registration is cancelled after the student has paid tuition or residence hall fees, said fees shall be refunded to the student without prejudice to their being reassessed at such future time as the student may again be authorized to register and matriculate or to reside in the residence halls.
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