The Oregon Administrative Rules contain OARs filed through July 15, 2000
OREGON STATE SYSTEM OF HIGHER EDUCATION, UNIVERSITY OF OREGON
DIVISION 21
STUDENT
CONDUCT CODE
Article I:
Mission of the Student Conduct Code
A. The primary mission of the Student Conduct Code is to set forth the community standards and procedures necessary to maintain and protect an environment conducive to learning and in keeping with the educational objectives of the University of Oregon. Founded upon the principle of freedom of thought and expression, an environment conducive to learning is one that preserves the freedom to learn -- where academic standards are strictly upheld and where the rights, safety, dignity and worth of every individual are respected.
B. Learning is a process defined by the exchange of ideas and the advancement of knowledge. As such, learning entails a community of scholars united by their participation in, and commitment to intellectual exchange. The University is, first and foremost such a community. Learning also involves reflecting on decisions and improving decision-making in the future. By establishing the standards of this community, the Conduct system serves not just as a disciplinary system, but also as an educational system. Hence, a corollary mission of the Code is to teach students to live and act responsibly in a community setting, with respect for the rights of other students and members of that community, and for the property, common resources, code of conduct, and laws associated with that community, and to encourage the development of good decision-making and personal integrity.
C. Students are simultaneously members of the University community and the broader community (e.g. city, state, nation, and world). The Student Conduct Code, and the processes of its administration and enforcement, is directed specifically toward maintaining the standards of the University community. Within its jurisdiction the University may impose disciplinary sanctions against students or student organizations when their conduct materially interferes with the educational objectives of the University or university community member.
Article II:
Definitions & Usage
For purposes of this Code:
A. “Academic misconduct” is the intentional
violation of university policies, such as tampering with grades, resubmitting
assignments for more than one class without the permission of the professor, or
taking part in obtaining or distributing any part of a test that as not been
administered.
B. “Accused Student” means any student
accused of violating this Student Code.
C. “Appeals Board” means any person or
persons authorized by the Community Standards Committee to consider an appeal
from a Community Standards Hearing Board’s determination as to whether a
student has violated the Student Code or from the sanctions imposed by the
Community Standards Administrator.
D. “Cheating” means any act of deception by
which a student misrepresents or misleadingly demonstrates that he or she has
mastered information on an academic exercise that he or she has not mastered,
including (1) the giving or receiving of unauthorized help in an academic
exercise, (2) use of sources beyond those authorized by the instructor in
writing papers, preparing reports, solving problems, or carrying out other
assignments, (3) the acquisition, without permission, of tests or other academic
material belonging to a member of the University faculty or staff (4) engaging
in any behavior specifically prohibited by a faculty member in the course
syllabus or class discussion .
E. “Community Standards Administrator” means
a University official authorized on a case-by-case basis by the Director of
Student Conduct and Community Standards to impose sanctions upon any student
found to have violated the Student Code.
The Director of Student Conduct and Community Standards and Community
Standards Committee may authorize a Community Standards Administrator to serve
simultaneously as a Community Standards Administrator and the sole member or
one of the members of the Community Standards Hearing Board. The Director may authorize the same
Community Standards Administrator to impose sanctions in all cases.
F. “Community Standards Hearing Board” means
any person or persons authorized by the Community Standards Committee to
determine whether a student has violated the Student Code and to recommend
sanctions that may be imposed when a rules violation has been committed.
G. “Complainant” means any person who
submits a complaint alleging that a student violated this Student Code. When a student believes that (s)he has
been a victim of another student’s misconduct, the student who believes
(s)he has been a victim will have the same rights under this Student Code as
are provided to the Complainant, even if another member of the University
community submitted the complaint itself.
H. “Contacting” includes, but is not limited
to, communicating with or remaining in the physical presence of the other
person.
I. “Contempt” means disregard of, or
disobedience to, the rules or orders of any tribunal under this Code or an
interruption of its proceedings by disorderly behavior or insolent language in
a way or place that disturbs the proceedings or ignores the authority of the
tribunal.
J. “Director of Student Conduct and Community
Standards” is that person designated by the University Senate and
President to be responsible for the administration of the Student Code.
K. “Drug” means a controlled substance or
its immediate precursor classified in Schedules I through V under the federal
Controlled Substances Act, 21 U.S.C.811 to 812 or as defined in ORS 475.005 or
modified in ORS 475.035.
L. “Fabrication” means the intentional use
of information that the author has invented when he or she states or implies
otherwise, or the falsification of research or other findings with the intent
to deceive.
M. “Faculty member” means any person hired
by the University to conduct classroom, research or teaching activities or who
is otherwise considered by the University to be a member of its faculty,
including officers of instruction, officers of research and officers of
administration.
N. “Gambling” means that a person stakes or
risks something of value upon the outcome of a contest of chance or a future
contingent event not under the control or influence of the person, upon an
agreement or understanding that the person or someone else will receive
something of value in the event of a certain outcome. “Gambling” does not include those activities
expressly excluded by ORS 167.117.
O. “Institution” means the University of
Oregon and all of its undergraduate, graduate and professional schools,
divisions and programs and may be used interchangeably with
“university.”
P. “May” is used in the permissive sense.
Q. “Member of the University community”
includes any person who is a student, faculty member, University official or
any other person employed by the University. A person’s status in a particular situation shall be
determined by the Director of Student Conduct and Community Standards.
R. “Plagiarism” includes, but is not limited
to, the use, by paraphrase or direct quotation, of the published or unpublished
work of another person without full and clear acknowledgement. It also includes the unacknowledged use
of materials prepared by another person or agency engaged in the selling of
term papers or other academic materials.
S. “Policy” means the written regulations of
the University as found in, but not limited to the Student Code, Residence Life
Contract, the University web page and computer acceptable use policy, Living
Group Alcohol policy, Greek Social Policy, Graduate/Undergraduate Catalog and
Student Handbook.
T. “Shall” is used in the imperative sense.
U. “Student means any person who:
1. has submitted an
application for admission, housing, financial aid, or any other service
provided by the University which requires student status; or
2. is registered for one or more credit hours; or
a. is enrolled in a special non-credit program approved by the University or
b. is participating in a University-sponsored program.
V. “Student organization” means as any group of University of Oregon students applying for and meeting criteria for group registration or recognition established by the University, including but not limited to, ASUO, IFC, Club Sports or its designee.
W. “University” means the University of Oregon and all of its undergraduate, graduate and professional schools, divisions and programs and may be used interchangeably with “institution.”
X. “University Official” includes any person employed by the University, performing assigned administrative or professional responsibilities.
Y. “University premises” includes all land, buildings or grounds owned, leased, operated, controlled or supervised by the university including adjacent sidewalks and streets.
Z. “University sponsored activity” means any activity on or off University premises that is directly initiated or supervised by the University (this includes recognized student organization activities).
AA.
“Will” is used in the imperative sense.
Article III:
Authority for Student Discipline
A. Community
Standards Committee: Under the
authority of the charter of the University of Oregon, the faculty is
responsible for student discipline.
The faculty of the University delegates authority for administering this
Code and the Student Conduct Program as provided below:
1. The Director of Student Conduct and Community
Standards shall develop policies for the administration of the student conduct
system and procedural rules for the conduct of Community Standards Hearing
Board hearings that are not inconsistent
with provisions of the Student Code.
2. The Community Standards Committee shall be
responsible for formulating or approving, prior to implementation, regulations
and enforcement procedures pertaining to student conduct matters at the
University of Oregon, and recommending to the faculty policy or administrative
changes in any aspect of the Student Conduct Program
a. The
Committee shall be appointed by the President and shall consist of four faculty
members to be recommended by the Committee on Committees and four student
members to be recommended by the ASUO. Faculty and Student Members shall serve
staggered, 2yr terms, & may be reappointed, up to 3 consecutive terms
(6yrs). In addition, the
Director of Residence Life in University Housing or designee, the Director of
Student Conduct and Community Standards and the Director of the Office of
Student Advocacy shall be non-voting, ex-officio members of the Committee. Temporary members may be appointed to
assure full Committee membership during summer session or at such other times
as are necessary.
b. Sub
delegation of Authority to Minor Tribunals and hearing officers:
i. With
the consent of the President of the University, the Community Standards Committee
may sub-delegate jurisdiction to handle violations of the Student Conduct Code
or other university regulations to University officials, committees or minor
tribunals. In all instances such
sub-delegation shall be defined by the Committee in terms of specific
jurisdiction, enforceable regulations, and maximum disciplinary sanctions that
may be imposed:
ii. Subject
to approval by the President, the Community Standards Committee sub-delegates
to the Interfraternity Council, Panhellenic Council, Club Sports Executive
Committee, and Residence Hall Association the authority to formulate:
a). Regulations governing the conduct of their respective organization members;
b). Hearing procedures and administrative practices to be followed by their respective tribunals;
c). Disciplinary sanctions exclusive of expulsion, suspension or negative notation on transcript appropriate to the enforcement of their respective regulations; and
d). Procedures for publication and notification to affected students of such regulations, hearing procedures and disciplinary sanctions.
c. All
such regulations, hearing procedures, and disciplinary sanctions shall be
reduced to writing and approved by the Community Standards Committee prior to
implementation. The authority
granted to minor tribunals and their respective governing bodies is conditional
and may be withdrawn at any time by the Community Standards Committee when a
minor tribunal is either unable or unwilling to assume its responsibilities as
part of the University’s Student Conduct Program.
d. Hearing
officers and bodies include but are not limited to:
i.
University hearing board
ii.
Director of Student Conduct and Community Standards
iii.
Graduate Students in the Office of Community Standards
iv.
Complex Directors
v.
Peer Judicial Boards
vi.
Greek tribunals
vii.
Club Sports Executive Committee
Article IV:
Jurisdiction
A. The University shall have jurisdiction over student conduct that occurs on University property, or in connection with official University functions whether on or off University property. In general, the Student Conduct Code pertains to actions of students that materially interfere with:
1. An educational opportunity of a University community member;
2. The health and safety of a University community member or campus visitor;
3. The maintenance or protection of University property or personal property located on campus;
4. University record keeping;
5. University living accommodations and other services; and
6. University sponsorship or supervision of non-classroom activities such as lectures, concerts, athletic events and social functions.
B. Although the University will not routinely invoke its disciplinary processes over student conduct that occurs off campus except in connection with an official University function, the University shall have discretion to exercise jurisdiction over conduct that occurs off campus and that would violate student conduct and discipline policies or regulations if the conduct had occurred on campus when:
C. Specifically, the University may choose to exercise
jurisdiction over off-campus incidents under subsection (B)(1) above where the
alleged misconduct involves:
D. In determining whether or not to exercise off-campus jurisdiction in cases under subsection (B)(1) above, the University will consider the seriousness of the alleged misconduct; whether the alleged victim is a member of the campus community; the ability of the University to gather evidence, including the testimony of witnesses; or whether the off-campus conduct is part of a series of actions that occurred both on and off campus.
E. Jurisdiction is maintained between periods of enrollment unless the accused individual’s official record in the Office of the registrar shows a complete withdrawal prior to the expiration on the published deadline for registration for the succeeding period of enrollment. For students enrolled in the spring term, jurisdiction is maintained until the expiration on the published deadline for registration for the succeeding fall term.
F. Complaints of academic dishonesty or fraudulently obtaining a degree may be filed at any time, whether or not the student is currently enrolled or registered.
G. In all cases except academic dishonesty or fraudulently obtaining a degree, the University must file disciplinary complaints under this Code within six months of:
1. the Office of Student Conduct and Community Standards' discovery of the student’s or student organization’s involvement in the alleged violation; and
2. the student’s last date of enrollment or registration, or an organization’s recognition.
H. Students may be accountable to both civil authorities and to the University for
acts behavior which constitute violations of the law and the Student Conduct Code.
Since the action of civil authorities is independent from University action, the
University may or may not initiate a conduct complaint when criminal complaints
are pending.
Article
V:
Violations
of Community Standards
The following misconduct constitutes violations of the community standards that are essential to the core educational mission of the University of Oregon:
Integrity is a bedrock value of the University community and includes respect for open and honest intellectual exchange as well as respect for University records and for the Conduct Code itself. The following misconduct violates standards of academic integrity:
1.
Cheating: i.e. any act
of deception by which a student misrepresents or misleadingly demonstrates that
he or she has mastered information on an academic exercise that he or she has
not mastered, including the giving or receiving of unauthorized help in an
academic exercise.
2.
Fabrication: i.e. the
intentional use of information that the author has invented when he or she
states or implies otherwise, or the falsification of research or other findings
with the intent to deceive.
3.
Plagiarism: i.e. the
inclusion of someone else’s product, words, ideas, or data as one’s
own work without proper crediting.
4.
Academic misconduct:
i.e. the intentional violation of university policies, such as tampering with
grades, resubmitting assignments for more than one class without the permission
of the professor, or taking part in obtaining or distributing any part of a
test that has not been administered and any information about the test.
5.
Intentionally Furnishing false information to University faculty or
staff.
6.
Forgery, alteration, or
unauthorized use of University documents, records, keys, student
identification, keycards or services.
7. Creation or distribution of false identification.
8.
Failure to comply with
the terms of any sanctions imposed in accordance with the Student Conduct Code.
9.
Contempt of
adjudicative proceedings including impairing or interrupting the due course of
proceedings in the presence of any tribunal created under this Code. Adjudication of contempt and imposition
of sanctions may be imposed summarily consistent with Article VIII. E.
B. Standards Relative to Respect
for Property and for Shared University Resources
The following misconduct violates standards of respect for property and shared University resources:
1. Engaging in behavior that could reasonably be foreseen to cause disruption, obstruction, or interference with the process of instruction, research, administration, student discipline, or any other service or activity provided or sponsored by the University.
2. Damage, destruction, theft, or unauthorized use of property located on the University campus or property owned or controlled by the University.
3. Unauthorized entry into or use of University property or University recognized living units, facilities, residence halls, equipment, or resources.
4. Disorderly conduct (including that resulting from the use of alcohol), unreasonable noise, or conduct that results in unreasonable annoyance.
5. Failure to comply with the reasonable directions of University of public officials acting in performance of their duties on University –owned or controlled property or at University sponsored or supervised activities when such conduct constitutes danger to personal safety or property or obstructs or impairs educational or other institutional activities.
6. Computer Policies:
Violation of University policies on the acceptable use of computing resources. Unacceptable uses of computing resources includes, but are not limited to:
a. Use of electronic forums to violate other sections of the Student Conduct Code
b. Sharing of accounts or lab passes
c. Violation of electronic privacy
d. Interference with computer use or operations
e. Commercial or illegal use of electronic or computer resources
f. Violation of copyright law
g. Threatening,
abusive or harassing conduct (as defined in violation 19) via electronic forums
or electronic mail.
C. Standards Relative to the
Rights of Individuals, and to the Welfare of the University Community
An environment conducive to learning is one where the rights, safety, dignity and worth of every individual are respected. The following misconduct endangers such an environment, and threatens the welfare of the University Community as a whole:
1. Physical contact that endangers, threatens, or harms the health or safety of any person or behavior that causes a reasonable person to fear such contact.
2. Hazing, on or off campus, is
defined as initiation rites involving any intentional action or situation that
a reasonable person would foresee as causing mental or physical discomfort,
embarrassment, or ridicule. Such activities and situations include, but are not
limited to:
· Sleep deprivation or causing excessive fatigue
· Physical or psychological shock
· Public stunts or jokes
· Compelled ingestion of any substance
· Degrading or humiliating games or activities
· Activities that have an adverse effect on academic progress
· Forced servitude
· Activities which are not consistent with the parent organization's rules and regulations
· Activities which violate Federal, State, or local laws
Individual acceptance of or acquiescence to any activity covered by the foregoing definition in no way validates or excuses the activity.
3. Possession, use, or threatened use of a weapon,
ammunition, or any object or substance used as a weapon on University property
except as expressly authorized by law or University regulations as administered
by DPS. A concealed weapons permit
does not constitute authorization.
4. Unauthorized possession, use, or threatened use of
dangerous chemical or biological substances or explosives.
5. Tampering with fire-fighting equipment, turning in a false alarm, or engaging in conduct that constitutes a significant fire hazard.
6. Harassment because of another person’s race, ethnicity, color, gender, gender identification, national origin, age, religion, marital status, disability, veteran status, sexual orientation, or for other reasons. Harassment involves:
a. Intentionally subjecting a person to offensive physical contact, or
b. Unreasonable insults, gestures, or abusive words, in the immediate presence, and directed to, another person that may reasonably cause emotional distress or provoke a violent response (including but not limited to electronic mail, conventional mail and telephone).
c. Prohibited discrimination, discriminatory harassment, and sexual harassment as relevant to student conduct as defined by law.
7. Unwanted contact, defined as repeatedly or persistently contacting another person when the contacting person knows or should know that the contact is unwanted by the other person; and
a. The contact would cause a reasonable person fear of physical harm; or
b. The contacting person knows or should know that the contact substantially impairs the other person’s ability to perform the activities of daily life.
8. Sexual Misconduct.
a. A mission of the Student Conduct Code is to encourage good decision-making, personal integrity, and interpersonal behavior that is cooperative rather than coercive and that respects the rights of others. Sexual misconduct violates these values, and, is committed when a student engages in sexual behavior as described in subsection b of this section wherever that activity takes place, on or off campus.
b. The following are defined as sexual misconduct:
i. Unwanted penetration is penetration of another person, or causing the penetration of another person, when one:
a). does not first obtain explicit consent from that person; or
b). knows or should have known the person was incapable of consent by reason of mental disorder, mental incapacitation, or physical helplessness.
ii. Nonconsensual personal contact occurs when a student subjects another person to contact of a sexual nature when a reasonable person would know that such contact would cause emotional distress:
a). without having first obtained explicit consent or
b). when he or she knows or should have known the person was incapable of consent by reason of mental disorder, mental incapacitation, or physical helplessness.
c. Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that interferes with work or academic performance because it has created an intimidating, hostile, or degrading environment and would have such an effect on a reasonable person of the alleged complainant’s status when the conduct is unwelcome and sufficiently severe or pervasive that it deprives that person of benefits of the University’s educational environment.
d. The following definitions apply to sexual misconduct:
i. “Explicit Consent” means voluntary, non-coerced and clear communication indicating a willingness to engage in a particular act. “Explicit consent” includes an affirmative verbal response or voluntary acts unmistakable in their meaning. Consent to one form of sexual activity cannot automatically taken as consent to any other sexual activity. A “no” always means that consent is not present, whereas a “yes” to one act at one time does not mean “yes” to other acts or to the same act at other times. Voluntarily making oneself incapacitated does not mean one is giving consent to any form of sexual activity.
ii. “Penetration” means any degree of insertion, however slight, of the penis or any object into the vagina or anus, or the penis into the mouth.
iii. “Contact of a sexual nature” means the touching of the genitalia, anus, buttocks or breasts of a person or causing such person to touch the genitalia, anus, buttocks or breasts of another.
iv. “Mental disorder” means that a person suffers from a mental disease or disorder that renders that person incapable of appraising the nature of the conduct of another person.
v. “Mental incapacitation” means that a person is rendered incapable of appraising or controlling one’s own conduct at the time of the alleged offense because of the influence of a controlled or other intoxicating substance or because of any act committed upon the person without consent.
vi. “Physical helplessness” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
e. Sexual gratification or pleasure of any party involved is not relevant to an offense in this section.
f. A student who is violating provisions of the alcohol or drug policy in the Student Conduct Code on a certain occasion is still able to make a complaint regarding another person’s sexual misconduct on the same occasion.
9. Alcohol use:
a. Possession of alcohol by those under 21 years of age on
b. University-owned or controlled property or at University-sponsored or supervised activities
c. Consumption of alcohol by those under 21 years of age on University-owned or controlled property or at University-sponsored or supervised activities
d. Furnishing of alcohol to persons under 21 years of age.*
e. Consumption or furnishing of alcoholic beverages by those or to those persons at least 21 years of age is permissible only in such areas as the University may designate.*
* As defined by state Law
10. Drug use.
a. Manufacture, processing, distribution, or cultivation of marijuana, narcotics or other controlled substances on University-owned or controlled property or at University-sponsored activities except as expressly permitted by law.
b. Sale of marijuana, narcotics or other controlled substances on University-owned or controlled property or at University-sponsored activities
c. Possession of marijuana, narcotics or other controlled substances on University-owned or controlled property or at University-sponsored activities except as expressly permitted by law.
11. Lewd or indecent conduct includes but is not limited to any unauthorized use of electronic or other devices to make an audio or video record while on University premises without his/her prior knowledge, or without his/her effective consent when such an injury is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.
12. Gambling, as defined an prohibited in ORS 167.108 to 167.164 except as authorized by ORS 464.270 to 464.530.
D. Violations of Community Standards by Student
Organizations
When an incident comes to the
Universities attention the Office of Student Conduct and Community Standards
will review the incident to determine the appropriate process for resolution. Generally, a student organization will
hold itself accountable for the acts of its members when those acts are related
to student organization life. When members of a student organization act
together in a way that violates University standards of conduct, the student
organization is expected to hold its members responsible for those violations.
If sufficient action is not taken in a timely manner by the student
organization to correct a violation of University standards, individuals can
file grievances with the appropriate governing body, or, if none exists, with
the Office of Student Conduct and Community Standards. If sufficient action is
not taken in a timely manner by the governing body, the Office of Student
Conduct and Community Standards will take appropriate action.
The Office of Student Conduct and Community Standards will be notified and kept informed at all stages of the process. The University, through the Office of Student Conduct and Community Standards, reserves the right to take immediate jurisdiction at its discretion. The student organization or governing body may still hold its members accountable in the situation, but must do so in conjunction with the Office of Student Conduct and Community Standards.
In deciding whether the group is responsible for the violation, the University will consider whether the following factors are present:
1. The violation arises out of a group-sponsored, organized, financed, or endorsed event.
2. The organization provides the impetus for the violation.
3. The violation occurs on the premises owned or operated by the group.
4. A group leader has knowledge of the violation being likely to occur before it occurs and fails to take corrective action.
5. A pattern of individual violations is found to have existed without proper and appropriate group control, remedy, or sanction.
Article VI:
Sanctions
The
University utilizes an educational sanctioning model; hearing officers will
make every attempt to provide an educational sanction that will enable a
student to make better choices in the future. The educational sanction applied will become progressively
more demanding if the student repeats violations and demonstrates that learning
has not taken place.
An
accumulation of a variety of violations may result in severe sanctions such as
suspension or expulsion. Academic
dishonesty as well as violations affecting the health, safety and well being of
the community are deemed the most severe and may result, upon the first violation,
in a negative notation being placed on a transcript, suspension, or
expulsion.
A. Forms of Sanction
1. Expulsion (student status is severed
permanently): any student who has
been expelled from the University as a result of disciplinary action shall not
be permitted to participate in any University-recognized function or allowed to
reside in any University residence hall.
2. Suspension:
a. Individual Suspension (student status is severed for a specified period): any student who has been suspended from the University as a result of disciplinary action shall not be permitted to participate in any University-recognized function or allowed to reside in any University residence hall.
b. Group Suspension (any student organization): this sanction is equivalent to loss of University recognition or registration and all privileges associated with such recognition or registration.
3. Negative
Notation on Transcript: entry of the fact of violation on the student’s
permanent academic record as a separate or additional sanction may be imposed
at the discretion of the hearings officer. After the expiration of the period
of time set by the hearings officer, the notation shall be removed upon the
request of the student.
4. Revocation
of Degree: an academic degree previously awarded by the University may be
revoked on proof that it was obtained by fraud or that a significant part of
the work submitted in fulfillment of, and indispensable to, the requirements
for such degree was plagiarized. The Academic Requirements Committee may, upon appeal
of a university graduate subjected to degree revocation, stipulate the
requirements for re-obtaining the degree.
5. Grade
penalty: a student admitting academic dishonesty or found responsible of
academic dishonesty is subject to a grade penalty as determined by the
instructor in the course in which the violation occurred.
6. Disciplinary
Probation: participation in University life by individual students or student
organizations is placed on probation, with or without loss of designated
privileges.
7. Restitution:
the student or student organization is required to replace or restore damaged,
stolen, or misappropriated property.
8. Educational Activity: the student (or student organization) is required to complete a project or activity specifically designed to help the student (or organization) understand why the behavior was inappropriate and encourage future compliance with the Student Conduct Code. The educational activity is designed to correspond to the severity and nature of the violation and to clarify the impact of that behavior on the University community. Educational activities shall include but not be limited to: assessments of substance abuse and other behaviors, community service, workshops, papers and similar assignments.
9. Loss
of Privileges: the student or student organization is denied specified
privileges normally associated with student status, such as participation in or
sponsorship of University-recognized activities, use of University facilities
or services, or living in University-owned or supervised housing.
10. Conduct
Reprimand: the student or student organization is given written notice that the
conduct engaged in is inconsistent with University standards and expectations
for the conduct of the members of its community and informed that future
violations of the Code may result in the imposition of more serious sanctions.
11. Suspended
Sanction: the execution of any sanction authorized under this Code may be suspended.
When suspending a sanction, a time limit for the suspension period shall be
designated, and subsequent violations of the Code that will terminate the
suspension and result in the imposition of the original sanction shall be
specified. In the absence of such violation(s), the original sanction shall be
deemed completed at the end of the suspension period.
12. Medical Leave: actions taken pursuant to University policies on medical leave shall not be deemed disciplinary sanctions within the meaning of this Code.
B. Failure to complete assigned sanctions.
In order to enforce the timely completion of disciplinary sanctions issued under the Student Conduct Code, this rule requires the following procedures:
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 Conduct and Community Standards of the consequences of failing to complete the sanction. The Office of Student Conduct and Community Standards 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 Conduct and Community Standards 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 Conduct and Community Standards.
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 Conduct and Community Standards receives notice of completion of the sanction.
b. When a hold is placed on a student’s record, the Office of Student Conduct and Community Standards 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.
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 Student Conduct and Community Standards. The Office of Student Conduct and Community Standards 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 Student Conduct and Community Standards, in its sole discretion.
Article VII:
Student Rights
Procedural
fairness is basic to the proper enforcement of all University regulations. Accordingly, no disciplinary action
shall be initiated or sanction imposed against students or student
organizations until they have been notified in writing of the complaints
against them and their rights under this Code, and given the opportunity to be
heard:
A. Regulations and disciplinary sanctions affecting the conduct of all students shall be based on general principles of equal treatment.
B. The Director of Student Conduct and Community Standards shall insure that the best interests of students and student organizations are served, regardless of whether disciplinary action is taken, by making full use of appropriate medical, counseling and other professional services at the University, or if necessary may refer to community resources. For purposes of this Division, the Director may authorize another staff member to carry out any of the Director’s responsibilities unless expressly prohibited from doing so.
C. Students shall have an opportunity to participate in the formulation of all regulations and policies pertaining to student discipline at the University of Oregon.
D. All University regulations and policies pertaining to student discipline shall be published, distributed, or posted in such a manner as to furnish adequate notice of their contents to students or student organizations.
E. Students
accused of violations of the Student Conduct Code can expect the following
procedural protections:
1. To be informed of the complaint and alleged misconduct upon which the complaint is based;
2. To request that the Director of Community Standards resolve the case in an informal disciplinary conference.
3. To be allowed reasonable time to prepare for the hearing or conference.
4. To be informed of the information upon which a complaint is based and accorded an opportunity to offer a relevant response;
5. To call and confront relevant witnesses;
6. To be assured of confidentiality, in accordance with the terms of the federal Family Educational Rights and Privacy Act and Oregon Records law.
7. To request that any person conducting a disciplinary conference or serving as a hearing board member or hearing officer be disqualified on the ground of personal bias.
8. To be considered not responsible of the complaints until proven responsible by a preponderance of the information. If suspension or expulsion is a possibility, the standard of proof must be clear and convincing information.
9. To have an adviser of their choice present at the hearing provided that advisor’s schedule does not delay the hearing.
Article VIII:
Conduct Procedures
A. Complaint
Any
member of the University Community may file complaints against a student for
violations of the Student Conduct Code.
A complaint shall be prepared in writing and directed to the Director of
Student Conduct and Community Standards.
Any complaint should be submitted as soon as possible after the event
takes place, preferably within 1 year.
The longer one waits to file a complaint the less information is likely
to be available for the hearing, therefore it is important to file a complaint
as soon as possible. Once the
Office of Community Standards receives a complaint, the Office has six months
to send written notice to the accused student of the complaint.
B. Notice
Upon
receiving a complaint or notice that a student may have violated the Student
Conduct Code, the Director of Student Conduct and Community Standards shall
serve a written notice upon the student, either by electronic mail or by
mailing to the latest address of the student on file at the office of the
Registrar of the University, or, if necessary, by registered or certified mail
or by personal service. Such notice shall notify the student of:
1. The alleged Code violation;
2. The opportunity for the student to meet with the Director for purposes of discussing the options for disposition of the case (conference with the Director or staff, or formal hearing by hearings panel);
3. The student’s right to assistance. At an informal conference with the Director, or, a formal hearing by a hearing panel or before the Appeals Board, a student may, but need not represent his or her own interests, or be assisted by someone including but not limited to one of the following representatives:
a. the
Office of Student Advocacy
b. any
student
c. any
member of the faculty or administration
d. any
member of the Oregon Bar
4. The requirement to respond within 10 days, excluding breaks between terms or when the student is not registered, to arrange a meeting with a Hearing Officer. The hearing Officer will proceed as provided in subsection (B)(2) if the student does not arrange to meet or fails to meet with the Hearing Officer as arranged.
B. Response
1. After proper service of written notice as provided in section (1) of this rule, the student may arrange to meet with the Director for the purpose of selecting an option for the disposition of the case (conference with the Director or staff, or formal hearing by hearings panel);
2. If after receiving notice, pursuant to this rule, the student does not arrange to meet with the Director to select an option for disposition of the case within 10 days, excluding breaks between quarters or when the student is not registered, or if the student arranges to meet with the Director to select an option to dispose of the case but does not attend such a meeting, the Director may take any of the actions specified in OAR 571-021-0045 or select another option for disposition of the case (formal hearing by hearings panel) without consultation with or agreement by the student.
3. Immediate Referral to Hearings Panel. If the Director finds that under the circumstances of the case, an immediate referral to a hearings panel for formal
hearing
would be in the best interest of the University or the best interest of the
student, the Director may make such referral before service of notice upon the
student. In such case, the letter sent to the student shall notify the student
of the referral to the hearings panel and contain the information required by
subsections (1)(a), (c), and (d) of the rule. The case then shall proceed as
provided in OAR 571-021-0055.
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