FINAL REVISION: APRIL 28, 2006

 

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 as a member of the Community Standards Hearing Board. The Director may authorize the same Community Standards Administrator to impose sanctions in all cases. Where concerns of bias within the Office of Student Conduct and Community Standards have been articulated, the case may be referred to the Vice President of Student Affairs or his or her designee. (See Article VIII.D.d)

F.    “Community Standards Hearing Board” means 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. 

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 any group of University of Oregon students meeting criteria for group registration or recognition established by the University.

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, eviction 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:

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