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:
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 Student Conduct Code pertains to actions of students that materially
interfere with:
1. An educational opportunity of a University community member;
2. 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.
a. On-Campus. Jurisdiction of the Student Conduct Code routinely applies to actions which occur on property owned or controlled by the University or at a University-sponsored or supervised function.
b. Off-Campus. The University shall have discretion to extend jurisdiction
over conduct that occurs off campus, when:
i. conduct adversely and significantly affects the environment conducive to learning.
ii. would violate the Student Conduct Code if the conduct had occurred on campus.
Specifically, the misconduct must meet the following criteria:
iii. the alleged misconduct must have involved violence or produced a reasonable fear of physical harm; or
iv.. the alleged misconduct involves academic work or any records,
documents, or identifications of the University.
In determining whether or not to exercise off-campus jurisdiction, the
ability of the University to gather information, including testimony of
witnesses,
will be taken into consideration.
7. An individual’s status as a “student” is established by:
a. the application for admission, housing, financial aid, or any other
service provided by the University which requires student status;
or
b. the registration for one or more credit hours; or
c. the enrollment in a special non-credit program approved by the
University.
8. 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.
9. 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.
10. In all cases except academic dishonesty or fraudulently obtaining a degree, the University must file disciplinary complaints under this Code within six months of:
(a) the University’s discovery of the student’s or student organization’s involvement in the alleged violation; and
(b) the student’s last date of enrollment or registration, or an organization’s recognition.
11. Students may be accountable to both civil authorities and to the University for 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 complaint 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 when the behavior:
i. materially interferes with another person’s academic performance or participation in University-sponsored or supervised activities, or performance of University employment; or
ii. is committed on University-owned or controlled property, or at University sponsored or supervised activities; or
iii. demonstrates reasonable threat to the health or safety of the campus community or the alleged student survivor.
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 and 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
University's 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, in the judgment of the Vice President of Student Affairs, sufficient action
is not taken in a timely manner by the governing body, the case will be
referred to the Office of Student Conduct and Community Standards.
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, expulsion or negative notation. 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. Imposition of this sanction against the ASUO or ASUO-recognized group requires approval by the Vice President of Student Affairs.
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 hearing officer. After the expiration of the period of
time set by the hearing 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: a student or student group on probation may or may not lose
designated privileges. During the time on probation, the student or
group may, by demonstrating good conduct, avoid additional sanctions. Any
violations of the Code during a probationary period will result in more
serious sanctions than otherwise might be imposed. Imposition of this sanction against the ASUO or an
ASUO-recognized group requires approval by the Vice President of Student
Affairs.
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. Imposition of
this sanction against the ASUO an ASUO-recognized group requires approval by
the Vice President of Student Affairs.
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 administrative disciplinary conference or to request a panel hearing.
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 hearings 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 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 unreasonably delay the hearing. The hearings panel shall determine what constitutes an "unreasonable" delay.
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 hearing before a hearings panel);
3. The student’s right to assistance. At an administrative conference with the Director, or a hearing by a hearings 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 14 calendar days, excluding breaks between terms or when the student is not registered, to arrange a meeting with the hearing officer. The hearing officer will proceed as provided in subsection (C)(2) if the student does not arrange to meet or fails to meet with the hearing officer as arranged.
C. 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 hearing by a 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 14 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 subsection (C) or select another option for disposition of the case (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 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 (B) (1)-(4) above.
4. Conference and Hearing Board Referrals
a. The Director of Student Conduct and Community Standards or a designee will conduct a preliminary review to determine whether the alleged misconduct might result in negative notation on transcript, expulsion or suspension from the University. Students not subject to suspension, expulsion or negative notation will be entitled to an administrative disciplinary conference with the Director of Student Conduct and Community Standards or staff member or a hearing with the hearings panel. Students who are subject to suspension, expulsion or negative notation will be entitled to a hearing before the University Hearings Board
b. Students referred for a hearing by the Director may elect to have their cases resolved in accordance with Part D of this code. Such an election must be in writing, affirming that the student has had an opportunity to consult with an adviser of their choosing, is aware a hearing is being waived and that the full range of sanctions may be imposed, including negative notation on transcript, suspension or expulsion or from the University.
c. With the consent of the accused student(s), the Director may defer proceedings for alleged minor violations of this Code for a period not to exceed ninety days. Pending complaints may be withdrawn thereafter, at the discretion of the Director or designee.
D Administrative
Conferences
1. Students accused of violations that may result in penalties less than suspension, expulsion or negative notation may choose an administrative conference with the Director of Community Standards, or designee. The following procedural protections are provided to accused students in disciplinary conferences:
a. reasonable access to the case file prior to and during the conference. The case file consists of materials which would be considered “educational records” pursuant to the Family Education Rights and Privacy Act (FERPA) of 1974; personal notes of University staff members or complainants are not included. To the extent allowed by FERPA, copies of the case file will be provided upon request.
b. an opportunity to respond to all information and to ask the Director or designee hearing the case to contact relevant and necessary witnesses.
c. the right to be accompanied and assisted by an adviser
d. the right to have the case referred outside the office of Community Standards if the student can articulate that the office is itself biased for some reason that would prevent the student from receiving a fair hearing by the office. Such cases are referred to the Vice President of Student Affairs or his or her designee.
2. In
cases where the Director of Student Conduct and Community Standards concludes
that a student complaint with any offense under the Student Conduct Code lacks
the mental capacity to respond to pending disciplinary complaints, the Director
shall stay the proceeding until such time that the Director concludes that the
student is competent to respond to the pending disciplinary complaints. A stay
granted pursuant to this section shall not in any manner preclude a proceeding
for medical leave under OAR Chapter 571, Division 23. If the student has been
accused of academic dishonesty, no academic sanction may be imposed during the
pendency of a stay granted pursuant to this section, but the faculty member
responsible for the context in which the complaint of academic dishonesty arose
shall request the Registrar to assign a grade of “I” until the
disciplinary proceeding has been completed.
3. In cases where a student, accused
with a violation of the Student Conduct Code, submits a written statement that
the student engaged in the specific conduct alleged accompanied by a written
opinion of a Student Health Center psychiatrist or Counseling Center
psychologist stating that, as a result of mental disorder, the student did not
know the nature of the wrongfulness of the conduct at the time of the offense
or could not conform his or her behavior to the requirements of the Code, no
disciplinary sanctions shall be imposed. The student may submit any other
supplemental information pertinent to his or her mental condition to the
Director. If, based upon all information received, the Director decides that
the conduct of the student resulted from mental disorder, the Director shall
seek professional assistance and advice, and where appropriate, consult with
the student’s parents or guardian in compliance with the Student Records
Policy, or take other measures to assure a fair disposition of the case. If the
student has been accused of academic dishonesty, the responsible faculty member
for the class in which the academic dishonesty took place shall assign an
appropriate grade.
E. University
Hearings Board Panel Hearings
1. Membership; Selection; Hearing Board Chair; Presiding Officer; Recusal; Removal
a. Student Conduct Code panel hearings are heard by a panel on which faculty and students are represented, drawn from a pool known as the “Hearings Board.”
b. The Hearings Board shall consist of eighteen members, all of whom
must be appointed by the University President. The board must consist of:
i. Ten registered students at the University of Oregon that have been recommended to the President by the ASUO. Each student member is appointed for a one-year term and may be reappointed for additional terms.
ii. Four University officers of instruction, all of whom the Committee on Committees shall recommend to the President. Two officers of instruction will serve a one-year term, and the other two will serve a two-year term.
iii. Four University officers of administration all of whom the Committee on Committees shall recommend to the President. Two officers of administration will serve a one-year term, and the other two will serve a two-year term.
2. The Office of Student Conduct and Community Standards and Office of Student Advocacy will take responsibility during spring term for the recruitment and receipt of applications for new student members to the Hearings Board. The Office of Student Conduct and Community Standards and Office of Student Advocacy will ensure that the nominated students are representative of the diversity of the University of Oregon. Particular efforts will be made to recruit law students.
3. A review committee consisting of one member of the Office of Student Conduct and Community Standards, one member of the Office of Student Advocacy, one student from the Residence Hall Association, and two members of the ASUO, one of which will be the University Affairs Director , will review the applications for the Hearings Board. The review committee will make every attempt to ensure that the nominated students are representative of the diversity of the applicant pool.
4. Names of nominated students will be forwarded to ASUO for formal nomination to the University President pursuant to subsection (1)(b)(i) above.
5. Preference will be given to up to 5 recommended students wishing to return to the hearing board for reappointment.
6. New student members of the Hearings Board, once appointed by the President, will be trained by the Office of Student Conduct and Community Standards and the Office of Student Advocacy before the end of the academic year.
7. New student members will be ready to assume responsibilities for the Hearings Panel at the beginning of the next academic year.
8. A “Hearings Panel” shall consist of three students and two faculty members selected at random from the Hearing Board. A hearing cannot proceed with fewer than 4 members present.
9. Panel Hearing Procedures
a. If a matter cannot be resolved by an administrative conference, resolution will be sought through a hearing before a panel. As with all other aspects of the student conduct code, the hearing is primarily for educational purposes. The hearing is an information-gathering process not to be construed as a criminal proceeding, trial, or litigation.
b. All complaints shall be presented to the Accused Student in written form. Because the University community values prompt disposition of student conduct matters, a time shall be set for a hearing not less than twenty nor more than thirty calendar days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the Director of Student Conduct and Community Standards or the hearings panel.
c. The hearings panel will select a Chair from among the returning members of the hearings board. The Chair shall conduct the hearing. He or she may participate in Board deliberations and discussions but shall not vote.
d. The University community values personal responsibility and accountability as a contributor to the educational process that is at its core. In accord with this value, in a hearing the Accused Student and any Complainant are responsible for presenting his/her own information in response to inquiries from the hearings panel. However, the Accused Student and any Complainant is each allowed, if he/she wishes, to be assisted by one advisor that he/she chooses, at his/her own expense. The following rules and standards pertain to any such advisor:
i. The advisor may be an attorney, but need not be an attorney;
ii. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor;
iii. A student planning to invite an advisor to a hearing must inform both the Director of Student Conduct and Community Standards and the hearings panel of this intention at least seven calendar days prior to the hearing; if a matter includes both an Accused Student and a Complainant, the second student is to be promptly notified of the first student’s plan to invite an advisor, and the other student afforded an equal right to invite an advisor even if this means disregarding the seven-days-prior-notice provision;
iv. An advisor may counsel his/her advisee on how to answer any question posed by the panel;
v. In order to preserve the educational tone of the hearing and to avoid creation of an adversarial environment, advisors are generally not permitted to speak or participate directly in any hearing, except that an advisor is permitted to speak and participate in one or more of the following specific ways:
a. An advisor may provide a written
openingsummary/statement;
b. An advisor may provide an oral closing summary/statement;
c. An advisor may be allotted a limited time-period to ask one or more questions of the student to whom he/she is advisor and allow the student to respond, these questions being in addition to rather than a substitution for questions asked by the panel;
d. An advisor may submit to the panel in writing any questions for the panel ask of any other participants who are giving information at the present time, or will be giving information at a future time, in the hearing;
e. If both Complainant and Accused Student independently request at the beginning of the hearing to have procedures changed so as to allow advisors to directly question any person providing information in the hearing, the hearings panel may permit this change in procedure.
vi. The hearings panel will have responsibility and authority for deciding
a. time limits for any closing summary/statement or questioning period provided to advisors;
b. at what point in the hearing these should be presented.
vii. The hearings panel will automatically add the name of any person filling the advisor function at a hearing to a list of Hearings Panel Advisors.
viii. An advisor should act in accord with the standards and values of the University community. If an advisor’s conduct in a hearing is judged to merit such disqualification, the hearings panel will have the authority to remove a person’s name from the Hearings Panel Advisors list and to disqualify that person from serving as an advisor in future hearings.
ix: Students whose ability to present their own information
is hindered either by a language barrier, a documented disability or other
serious difficulty with public, oral presentation shall have the right to
petition for someone to speak on their behalf at the formal hearing. Such a
spokesperson may be a friend or family member, or a member of the University
community, but may not be an attorney or any other professional receiving a fee
for his or her services.
e. The Director or a designee shall give accused students notice of the hearing date and the specific complaints against them at least 14 calendar days in advance. Notice shall be by personal delivery or by certified mail to the last address provided by the student to the university. Accused students shall be accorded reasonable access to the case file, which will be retained in the Office of the Director of Community Standards. To the extent allowed by FERPA, copies of the case file will be provided upon request.
f. The Chair of the hearings panel may require attendance of relevant witnesses after consultation with the Director of Community Standards. These requests must be personally delivered or sent by certified mail. University students and employees are expected to comply with these requests, unless compliance would result in significant and unavoidable personal hardship, or substantial interference with normal university activities, as determined by the Chair of the hearings panel, in consultation with the Director of Student Conduct and Community Standards. In addition, in any formal hearing, either the University or the student may request the University General Counsel to issue a subpoena pursuant to ORS 183.445.
g. Accused students who fail to appear after proper notice will be deemed to have pleaded “not responsible” to the complaints pending against them. A hearing may be conducted in their absence, if necessary.
h. All hearings conducted under the authority of the Code are to be private unless the students have waived in a signed, written and dated document any restrictions on disclosure of documents, exhibits, written statements, interview notes, photographs, or other preserved materials in the Student Conduct file or in other educational records which could be offered, admitted, indentified, described, referred to, or generated in the course of the specified hearing. Such a waiver shall apply to the entire hearing, unless otherwise agreed to by the University and complaining student if there is one, and the student accused. In the event such a waiver is not made, the presiding officer shall close the hearing to all persons other than participants in the hearing, including, but not limited to, the Director, the accused student, the accused student’s advisor. With regards to sexual assault as used in Title 20, chapter 28 subchapter VI party F, section 1092 U.S. Code the accuser and accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding. The accuser of alleged sexual assault may have an equivalent number of advocates as the accused during a hearing. In a case where the accused does not have an advocate, the accuser may still have an advocate during the hearing. The accuser also has the right to remain in the hearing as long as information is being presented. To the extent necessary to preserve order, the presiding officer may limit the attendance of persons present at the hearing.
i Subject to the State and Federal student records law, the University may disclose to the alleged victim of any crime of violence (as that term is defined in section 16 of title 18, U.S. Code), the results of the disciplinary proceeding against the accused student with respect to such a crime of violence. Such disclosure includes the University’s final determination with respect to the alleged offense and any sanction that is imposed against the accused.
j. The Chair shall exercise control over the proceedings to avoid needless consumption of time and to achieve completion of the hearing. Any person, including the accused or accusing student(s), who disrupts a hearing may be excluded by the Chair. All procedural questions are subject to the final decision of the chairperson of the Community Standards Hearing Board.
k. Hearings shall be tape recorded or transcribed.
l. Any party may challenge a hearings panel member or the chair on the ground of personal bias. Any member who is incapable of rendering a fair and objective decision based solely upon the facts, information and arguments presented during the hearing with no influence based on the member's familiarity with people, facts or the situation arising from outside the hearing is disqualified from hearing the case.
m. Witnesses shall be required to affirm that their testimony is truthful. Witnesses may be subject to disciplinary sanctions or perjury for knowingly providing a false statement.
n. Propsective witnesses, other than the complainant and the respondent, may be excluded from the hearing during the statements of other witnesses. All parties, the witnesses and the public shall be excluded during Board deliberations, which shall not be recorded or transcribed.
o. The complaints against the respondent must be established by a preponderance of the information unless expelling a student in which case the complaints must be established by clear and convincing information. The Director shall be responsible for investigating and presenting the relevant information in the Student Conduct file to the hearings panel and ensuring that all relevant information is presented on both sides. For all violations of the code, it is the complaining party’s burden to prove the case by a preponderance of information except as stated above.
p. The rules contained in the Oregon Evidence Code, except rules regarding privilege, do not apply. Irrelevant, immaterial or unduly repetitious material shall be excluded. All other information of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. The Chair shall give effect to rules of privilege recognized by Oregon law. Information may be received in written or oral form.
q. Complainants and accused students (not their advisors), will be accorded an opportunity to ask relevant questions of those witnesses who testify at the hearing.
r Board members may ask questions of the parties and all witnesses. They may also take judicial notice of matters which would be within the general experience of University students and faculty members.
s. A determination of responsibility shall be followed by a supplemental proceeding in which either party may submit relevant information or make relevant statements concerning the appropriate sanction to be imposed. The past disciplinary record of the accused student will only be supplied to the board during the supplementary proceeding.
t. In Community Standards Hearing Board Hearings involving more than one accused student, the Director of Student Conduct and Community Standards, in his or her discretion, may permit the Community Standards Hearing Board Hearings concerning each student to be conduct either separately or jointly.
10. Information in Sexual Misconduct Cases
Information about the sexual behavior of an alleged survivor prior to or subsequent to an alleged sexual misconduct incident is not admissible in a hearing unless both of the following conditions apply:
a. Any specific instances of sexual behavior, whether of the complaining student or the accused student, sought to be admitted are submitted to the hearings panel chair not less than seven days prior to the hearing (or when otherwise deemed essential by the hearings panel chair), and the student has had an opportunity to provide a written response prior to the hearing; and
b. The hearings panel chair finds that the probative value of the information outweighs the danger of unfair prejudice to the student.
11. The Community Standards Hearing Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Director of Student Conduct and Community Standards to be appropriate. If the opposing party rejects to the accommodations, they must submit a written response to the board demonstrating how the accommodations would negatively affect their case. The hearings panel will then decide whether to make the accommodation; if an accommodation is made the panel will not make any predeterminations based on whether or not an accommodation is granted.
F. Adjudication of Contempt and Imposition of Sanctions
The person or body considering whether a violation of the Code occurred and potential imposition of sanctions may make a determination of contempt and impose sanctions as necessary without complying with the procedures otherwise required in this Code. Notwithstanding, determination of contempt and imposition of sanctions is subject to appeal under Article X of this Code.
Article IX:
Alternative Dispute
Resolution
Consistent with the primary mission of the Code to establish community standards and procedures that promote an environment conducive to learning by upholding academic standards and by respecting community members, alternative dispute resolution provides an opportunity for individuals affected by violations or alleged violations of the Code to resolve disciplinary matters among themselves, with or without findings of responsibility. Students who participate in a method of alternative dispute resolution and successfully fulfill their obligations may, upon completion of their obligations, have their student conduct record regarding the matter expunged.
A. Mediation is encouraged as an alternative means to resolve many disciplinary
cases. The Director of Community Standards will inform complainants and accused students about the availability of mediation resources. The Director, in the exercise of his or her discretion, may decline to process a complaint until the parties in a non-academic misconduct case make a reasonable attempt to achieve a mediated settlement. To be binding in a disciplinary case, any mediated settlement must be approved by the Director of Student Conduct and Community Standards. Any agreement will be enforced by the Office of Community Standards.
1. Students wishing to pursue mediation shall inform the Director of Student Conduct and Community Standards within 14 days of receiving written notice of the violation pursuant to Article VIII.B.
2. The Director will determine if the student alleged to have violated the Code must admit responsibility as a condition of the Director’s approval of a mediation option.
3. If the student agrees to acknowledge responsibility, if required, the Director will determine whether others affected by the alleged violation are willing to participate in mediation. Parties agreeing to mediation must sign a waiver allowing the Director to receive information from the mediator regarding progress of the mediation.
4. If the necessary parties agree, the Director will approve a mediator and set a date for a report from the mediator regarding progress. If the Director, in the Director’s sole discretion, determines that mediation is unlikely to be successful, the Director may inform the necessary parties and initiate other procedures.
B. Restorative Justice serves primarily as a diversion program for those students who have acknowledged their involvement in a Code violation and who wish to remedy the effects of their violation. The following must be true in order for CRJP to be considered:
1. the offending student accepts responsibility for their involvement in the Code violation and admits wrongdoing,
2. there are clearly identifiable negative impacts on individuals and/or the community resulting from the violation,
3. the offending student and those harmed or impacted by the incident agree to participate
To be binding in a disciplinary case, any Restorative Justice outcome must be approved by the Director of Student Conduct and Community Standards. Any agreement will be enforced by the Office of Community Standards.
C. If a student who participates in an alternative dispute resolution fails to fulfill an obligation or otherwise fails to comply with the approved resolution, the Director of Student Conduct and Community Standards may initiate procedures either to make a determination of responsibility or, in the Director’s discretion, as if a student had failed to complete a sanction under the Code.
D. Upon
timely completion of a student’s obligation arising from alternative
dispute resolution, the student may provide to the Director of Student Conduct
and Community Standards documentation of completion. If the Director of Student Conduct and Community Standards
concludes the student fulfilled the student’s obligation in a timely
fashion, Director of Student Conduct and Community Standards will remove
information regarding the violation from the student’s record.
Article X:
Appeals
A. The University Appeals Board is the final appeals body within the Student Conduct Program. As set forth in OAR 571-021-0055(4), this Board shall be responsible for reviewing substantive or procedural appeals from the decisions of a hearings panel.
B. The Board shall consist of three faculty members, recommended by the Committee on Committees, and three student members, recommended by the ASUO. Board members shall be appointed by the President and serve for one-year terms. They may be reappointed, but no member may serve for more than two consecutive terms. Temporary members may be appointed to assure full Board membership during summer session or at such other times as are necessary. The President shall designate one of the members as pro temp chair of the Board.
C. The Board will elect its permanent chair at its first meeting. A quorum shall consist of two students and two faculty members. The Board shall establish its own rules of procedure.
D. A decision reached by the Community Standards Hearing Board may be appealed by the accused student or complainant(s) to an Appellate Board within fourteen days of the decision. Such appeals will be in writing and will be delivered to the Director of Student Conduct and Community Standards or his or her designee. If an accused student fails to attend the hearing, they may not appeal except to show with direct information that they did not receive notice of the hearing. Similarly, if the complainant(s) either fails to attend the hearing or to present information in some other format approved by the hearings panel, they too may not appeal except to show with direct information that they did not receive notice of the hearing.
E. Except as required to explain the basis of new information, an appeal will be limited to a review of the verbatim record of the Community Standards Hearing Board Hearing and supporting documents for one or more of the following purposes:
a. To determine whether the Community Standards Hearing Board Hearing was conducted fairly in light of the complaints and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to present information that the Student Conduct Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a bases for sustaining an appeal unless significant prejudice results.
b. To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether there were facts in case that, if believed by the fact finder, were sufficient to establish that a violation of the Code occurred.
c. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.
d. To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Community Standards Hearing Board Hearing.
F. No decision of a hearings panel may be overruled except through an affirmative vote of a majority of the Board members present. Upon a finding that an appeal in whole or in part has merit, the Board may:
1. Modify the decision or sanction; or
2. Remand for further proceeding
G. No appeal shall be allowed unless the party appealing cites specifically to the hearing record and states with specificity the grounds under which the appeal shall be allowed.
H. The decision of the Appeals Board may be appealed to the Court of Appeals.
Article XI:
Emergency Action
A. The Director of Student Conduct and Community Standards or his/her designee may take emergency action against the accused student when immediately necessary to secure the health or safety of any persons and there is an alleged violation of the Student Conduct Code.
B. “Emergency Action” includes, but is not limited to:
1. Immediate withdrawal from the University;
2. Restrictions on the accused student’s presence on University property and/or University events.
3. At the time of the emergency action, the Student Conduct Director may request that the student secure a medical and/or psychological evaluation through the Student Health Center or at another facility at the student’s own expense. The evaluation may be used to determine the appropriateness of withdrawing the emergency action.
C. At the time that the emergency action takes place, the Director of Student Conduct and Community Standards or his/her designee will:
1. Inform the accused student of the reason for the emergency action;
2. Give the accused student the opportunity to explain why an emergency action need not be taken;
3. Inform the accused student that a preliminary hearing will take place according to Section 4, and that the accused student will be informed of its time, place, and date; and
4. Inform the accused student of the possible restrictions that may be imposed prior to a panel hearing.
D. The preliminary hearing shall take place within two business days of the emergency action. At this hearing the accused student shall have a full opportunity to demonstrate to the Director of Conduct and Community Standards that none of the conditions specified in Section (1) apply. The accused person may be represented by a student advocate or other counsel.
E. Based on the reasonable evaluation of the information presented at the preliminary hearing, the Director of Student Conduct and Community Standards shall notify the accused student within
24
hours of the decision to:
1. Dissolve the emergency action and take no further action;
2. Dissolve the emergency action but proceed to a full hearing regarding the accused student’s conduct as prescribed in the Student Conduct Code; or
3. Sustain or modify the emergency action until such time as a panel hearing regarding the accused student’s conduct may be held.
F. An emergency action shall be reviewed by the Dean of Students or his/her designee at the request of the accused student no sooner than the next working
day
after the preliminary hearing. The review shall allow the accused student to
argue that an emergency action need no longer be imposed. Subsequent review of
the same emergency action may be requested no sooner than every ten days.
G. Panel hearings subsequent to an emergency action shall occur no sooner than fourteen days, and shall be administered pursuant to 571-021-0040 and 571-021-0055 of this Code. If the Director for Student Conduct agrees, the accused person may waive the fourteen-day notice requirement in order to expedite the hearings process.
H. If restrictions on the accused student’s housing or enrollment are removed, the student will not be assessed any fees for reinstatement.
Article XII:
Academic Dishonesty Procedures
A. Notice
Upon the discovery of a suspected academic dishonesty incident—plagiarism, cheating, or knowingly furnishing false information to a faculty or staff member—the faculty member in whose course the incident originated shall promptly notify the student of the incident of suspected academic dishonesty. This notice shall include a discussion of the option of having the case referred directly to the Director of Student Conduct and Community Standards.
B. Non-Contested
Cases
If the student admits to the academic dishonesty incident, the faculty member shall impose an appropriate academic sanction up to and including an N or an F and report the incident to the Office of Community Standards. Written notice of the sanction or resolution without sanction shall be given the student. If, in the judgment of the faculty member, further disciplinary action is warranted, the report to the Director of Student Conduct and Community Standards shall so indicate. The student may appeal the academic sanction to the faculty member’s department head and, ultimately, to the dean of the college or school in which the incident originated.
C. Contested
Cases
If a faculty member and a student cannot agree as to whether academic dishonesty has occurred, the faculty member will, not later than two weeks – excluding breaks – after the date of the conference, make a written referral of the case to the Office of Community Standards for resolution. The case will then be conducted in accordance with the procedures established in this code:
1. If there is a finding that the student engaged in academic dishonesty, the faculty member will assign and appropriate grade, and disciplinary sanctions may be imposed by the Office of Community Standards.
2. If there is a finding that the student did not engage in academic dishonesty, no academic sanction may be imposed.
D. Reporting
Academic Dishonesty Incidents
Members of the faculty are required to file a written report of each academic dishonesty incident with the Director of Student Conduct and Community Standards. These reports shall be treated as confidential and retained for record keeping purposes as provided by the Student Records Policy.
E. Withdrawing
from Course
If the incident results in an academic
sanction, the student will not be permitted to drop or withdraw from the
course, or to change the course's grading option, and shall be reinstated in
the course in the case that they have dropped or withdrawn. If no sanction results, the student
will be free to withdraw from the course or to change the course's grading
option, by processing his/her request at the later of:
1. The expiration of the withdrawal deadline for the course, or of the deadline for changing grade options; or
2. Five business days after receipt by the student of notification of decision or termination of the incident without sanction.
3. In the event the student is found not responsible for the violation and the student no longer feels comfortable returning to the class, the Office of Community Standards will work with the student to try and get the “w” off of the transcript.
Article XIII:
Administration of Conduct System
A. Disciplinary
Records and Files
1. Case referrals will result in the development of a disciplinary file in the name of the accused student, which shall be avoided if the student is found not responsible for the complaints. Voided files will be so marked and shall not leave any student with a disciplinary record. Voided files will normally be destroyed after one year. In student on student complaints, a file shall be created for both students.
2. Disciplinary records may be voided by the Director of Conduct and Community Standards for good cause, upon written petition. Factors to be considered in review of such petitions shall include:
a. the conduct of the student subsequent to the violation.
b. the nature of the violation and the severity of any damage, injury, or harm resulting from it.
B. Student
Conduct Reports
1. The Community Standards Committee shall require from University officials, hearings board, referees, committees, and tribunals periodic written reports of the disposition of all student conduct cases dealt with under their jurisdiction. The Committee shall examine such reports for consistency with existing policies and , where necessary, review the reports with the appropriate officials or tribunals.
2. At the end of each academic year, the Committee shall submit to the President, University Senate, Deans, Department Heads, the ASUO President, and the Office of Student Advocacy, a written report covering the entire Student Conduct Program, including an evaluation of the existing rules, policies, and enforcement procedures. This report shall also detail all Code revisions approved during the previous year and shall be available to any person upon request.
C. Director of Student Conduct and Community Standards
1. The President of the University shall designate a Director of Student Conduct and Community Standards who shall have primary responsibility for administering the Student Conduct Program and coordinating the activities of all University officials, hearing officers, referees, committees, or tribunals that are concerned with the Community Standards Program.
2. The Director shall be responsible to the Community Standards Committee for maintaining complete records pertaining to the activities of the Community Standards Program. Those records shall include a summary of the business of the Community Standards Committee and a report of the disposition of each disciplinary case handled by any person or group authorized to impose disciplinary sanctions in the name of the University. For record keeping purposes, the Director may prescribe reporting procedures to be followed by those authorized to impose disciplinary sanctions.
3. The Director shall serve as non-voting Secretary of the Community Standards Committee, and as advisor to all individuals and groups authorized to impose disciplinary sanctions. The Director shall serve as a non-voting, ex-officio member of the Residence Hall Governance Committee and of the residence hall Peer Judicial Board.
4. The Director shall be responsible for gathering and presenting to the Community Standards Committee the reports required by this code.
D. Adjudication
of Contempt and Imposition of Sanction
The
adjudication and sanction of contempt provided in V.A.8 shall be made by the
referee, hearing officer, or presiding officer of the University Appeals Board;
alone and summarily. Upon adjudication and sanction, if any, the officer shall
certify to the Director of Student Conduct and Community Standards the facts
constituting the contempt and the sanction imposed thereof. Persons so
adjudicated in contempt shall have the same right to appeal as is afforded in
any other case adjudicated before that tribunal.
E. Student
Conduct Code
1. Code establishment. Upon approval by the University Senate, this Student Conduct Code becomes effective and supersedes all previous regulations and policies pertaining to student discipline at the University of Oregon.
2. Code Amendment. This Code may be amended by the faculty except that the delegation to minor tribunals sections may also be amended by the Community Standards Committee.
3. Code Revision. This code shall be continuously reviewed in its entirety to make sure it is consistent with best practices in Student Conduct.
4. This Code is adopted as Oregon Administrative Rules.
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