This document was presented to the UO Senate 7 February 2006. It is available for archival purposes only -- it is not normative

 

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 Preamble

 

 

Article I:

Section 1.   Mission of the Student Conduct Code

 

A.   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.

BB..   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,  aand to encourage the development of good decision-making and personal integrity.

CC. 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.

 

SectionArticle  2II.   Definitions

 

Article II:

Definitions & Usage

For purposes of this Code:

A.   ÒAcademic misconductÓ 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.    ÒAccused StudentÓ means any student accused of violating this Student Code.

C.    ÒAppeals BoardÓ means any person or persons authorized by the Student Conduct CommitteeCommunity Standards Committee to consider an appeal from a student conduct boardCommunity Standards Hearing BoardÕs determination as to whether a student has violated the Student Code or from the sanctions imposed by the student conduct administratorCommunity Standards Administrator.

D.   ÒCheatingÓ 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.    ÒStudent Conduct AdministratorCommunity Standards AdministratorÓ means a University official authorized on a case-by-case basis by the Director of Community StandardsDirector of Student Conduct and Community Standards to impose sanctions upon any student found to have violated the Student Code.  The Director of Community StandardsDirector of Student Conduct and Community Standards and Student Conduct CommitteeCommunity Standards Committee may authorize a student conduct administratorCommunity Standards Administrator to serve simultaneously as a Student Conduct AdministratorCommunity Standards Administrator and the sole member or one of the members of the Student Conduct BoardCommunity Standards Hearing Board.  The Director may authorize the same Student Conduct AdministratorCommunity Standards Administrator to impose sanctions in all cases.

F.    ÒStudent Conduct BoardCommunity Standards Hearing BoardÓ means any person or persons authorized by the Student Conduct CommitteeCommunity 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.   ÒComplainantÓ means any person who submits a chargecomplaint alleging that a student violated this Student Code.  When a student believes that (s)he has been a victim of another studentÕs 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 chargecomplaint itself.

H.   ÒContactingÓ includes, but is not limited to, communicating with or remaining in the physical presence of the other person.

I.      ÒContemptÓ 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.     ÒDirector of Community StandardsDirector of Student Conduct and Community StandardsÓ is that person designated by the University Senate and President to be responsible for the administration of the Student Code.

K.   ÒDrugÓ 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.    ÒFabricationÓ 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.  ÒÒrecklessÓ means conduct which one should reasonably be expected to know would create a substantial risk of harm to persons or property or which would otherwise be likely to result in interference with normal university or university sponsored activities.Faculty memberÓ 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.   ÒGamblingÓ 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.  ÒGamblingÓ does not include those activities expressly excluded by ORS 167.117.

O.   ÒInstitutionÓ means the University of Oregon and all of its undergraduate, graduate and professional schools, divisions and programs and may be used interchangeably with Òuniversity.Ó

P.    ÒMayÓ is used in the permissive sense.

Q.   ÒMember of the University communityÓ includes any person who is a student, faculty member, University official or any other person employed by the University.  A personÕs status in a particular situation shall be determined by the Director of Community StandardsDirector of Student Conduct and Community Standards.

R.    ÒPlagiarismÓ 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.    ÒPolicyÓ 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.    ÒShallÓ is used in the imperative sense.

U.   ÒStudent means any person who:

. The term Òaggravated violationÓ means a violation, which resulted or foreseeable could have resulted in significant damage to persons or property or which otherwise posed a substantial threat to the stability and continuance of normal university or university-sponsored activities.

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.   ÒStudent organizationÓ means as any group of University of Oregon students applying for and meeting criteria for group registration or recognition established by the University, including but not limited to, ASUO, IFC, Club Sports or its designee.

W.  ÒUniversityÓ means the University of Oregon and all of its undergraduate, graduate and professional schools, divisions and programs and may be used interchangeably with Òinstitution.Ó

X.   ÒUniversity OfficialÓ includes any person employed by the University, performing assigned administrative or professional responsibilities.

Y.   ÒUniversity premisesÓ means includes all land,  buildings or grounds owned, leased, operated, controlled or supervised by the university including adjacent sidewalks and streets.

Z.    ÒUniversity sponsored activityÓ means any activity on or off University premises that is directly initiated or supervised by the University (this includes recognized student organization activities).

AA. ÒWillÓ is used in the imperative sense.

 

Article III:

Authority for Student DisciplineSection 3.Article III.  Authority for Student Discipline

 

A.         Student Conduct CommitteeCommunity 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 Student Conduct CommitteeCommunity 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:

B.             TThe 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 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.         C.  Sub delegation of Authority to Minor Tribunals and hearing officers:

1i.          WWith the consent of the President of the University, the Student Conduct CommitteeCommunity 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:

2ii.          Subject to approval by the President, the Student Conduct CommitteeCommunity Standards Committee sub-delegates to the Interfraternity Council, Panhellenic Council, Club Sports Executive Committee, and Residence Hall Association the authority to formulate:

a).   Regulations governing the conduct of their respective    

      organization members;

b).  Hearing procedures and administrative practices to be

      followed by their respective tribunals;

c).   Disciplinary sanctions exclusive of expulsion,

      suspension or negative notation on transcript     

      appropriate to the enforcement of their respective

      regulations; and

d).   Procedures for publication and notification to affected     

      students of such regulations, hearing procedures and  

         disciplinary sanctions.

cD.          All such regulations, hearing procedures, and disciplinary sanctions shall be reduced to writing and approved by the Student Conduct CommitteeCommunity 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 Student Conduct CommitteeCommunity Standards Committee when a minor tribunal is either unable or unwilling to assume its responsibilities as part of the UniversityÕs Student Conduct Program.

dE.          Hearing officers and bodies include but are not limited to:

                                    ai. University hearing board

                              bii. Director of Community StandardsDirector of Student Conduct and Community Standards

                                    ciii. Graduate Students in the Office of Community Standards

                                    div. Complex Directors

                                    ev. Peer Judicial Boards

                                    fvi. Greek tribunals

                                    gvii. Club Sports Executive Committee

 

Article IV:

Jurisdiction

 

 

 

Section 34.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.

1a.  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.

2b.  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.    I.  the alleged misconduct must have involved violence or produced a reasonable fear of physical harm and the alleged victim is a

member of the campus community; or

iv.II.  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 evidenceinformation, including testimony of

witnesses, will be taken into consideration.

 

B7. An individualÕs status as a ÒstudentÓ is established by:

1a.  the application for admission, housing, financial aid, or any other

service provided by the University which requires student status;

or

2b.  the registration for one or more credit hours; or

3c.  the enrollment in a special non-credit program approved by the

University.

 

C8. Jurisdiction is maintained between periods of enrollment unless the accused individualÕs 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.

 

D9. ChargeComplaints of academic dishonesty or fraudulently obtaining a degree may be filed at any time, whether or not the student is currently enrolled or registered.

 

E.10. In all cases except academic dishonesty or fraudulently obtaining a degree, the

University must file disciplinary chargecomplaints under this Code within six months of:

(a) the UniversityÕs discovery of the studentÕs or student organizationÕs involvement in the alleged violation; and

(b) the studentÕs last date of enrollment or registration, or an organizationÕs recognition.

 

F11. Students may be accountable to both civil authorities and to the University for

acts behavior which constitute violations of the law and the Student Conduct Code.

Since the action of civil authorities is independent from University action, the

University may or may not initiate a conduct complaint when criminal chargecomplaints

are pending.

 

A. The University shall have jurisdiction over student conduct that occurs on University property, or in connection with official University functions whether on or off University property. In general, the Student Conduct Code pertains to actions of students that materially interfere with:

1.   An educational opportunity of a University community member;

2.   The health and safety of a University community member or campus visitor;

3.   The maintenance or protection of University property or personal property located on campus;

4.   University record keeping;

5.   University living accommodations and other services; and

6.   University sponsorship or supervision of non-classroom activities such as lectures, concerts, athletic events and social functions.

 

B. Although the University will not routinely invoke its disciplinary processes over student conduct that occurs off campus except in connection with an official University function, the University shall have discretion to exercise jurisdiction over conduct that occurs off campus and that would violate student conduct and discipline policies or regulations if the conduct had occurred on campus when:

 

  1. 1.     The alleged misconduct indicates the student poses a threat to the safety or security of any member(s) of the University community; or
    1. 2.     The alleged misconduct involves academic work or the forgery, alteration, misuse of any University document, record, key, electronic device, or identification.

      2.  

      C. Specifically, the University may choose to exercise jurisdiction over off-campus incidents under subsection (B)(1) above where the alleged misconduct involves:

       

      1. Physical abuse, including but not limited to sexual misconduct as defined by violation 21 below, and other physical assault; threats of violence; or conduct that threatens the health or safety of any person;
      2. Unwanted Contact as defined in violation 20.
      3. Hazing as defined in violation 15.

       

      D. In determining whether or not to exercise off-campus jurisdiction in cases under subsection (B)(1) above, the University will consider the seriousness of the alleged misconduct; whether the alleged victim is a member of the campus community; the ability of the University to gather evidence, including the testimony of witnesses; or whether the off-campus conduct is part of a series of actions that occurred both on and off campus.

       

      E. Jurisdiction is maintained between periods of enrollment unless the accused individualÕs official record in the Office of the registrar shows a complete withdrawal prior to the expiration on the published deadline for registration for the succeeding period of enrollment.  For students enrolled in the spring term, jurisdiction is maintained until the expiration on the published deadline for registration for the succeeding fall term.

       

      F. Complaints of academic dishonesty or fraudulently obtaining a degree may be filed at any time, whether or not the student is currently enr