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:
C. Specifically, the University may choose to
exercise jurisdiction over off-campus incidents under subsection (B)(1) above
where the alleged misconduct involves:
D. In
determining whether or not to exercise off-campus jurisdiction in cases under
subsection (B)(1) above,
the University will consider the seriousness of the alleged misconduct;
whether the alleged victim is a member of the campus community; the ability
of the University to gather evidence, including the testimony of witnesses;
or whether the off-campus conduct is part of a series of actions that
occurred both on and off campus.
E.
Jurisdiction is maintained between periods of enrollment unless the accused
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 enrolled or
registered.
G. In all
cases except academic dishonesty or fraudulently obtaining a degree, the University must file
disciplinary complaints under this Code within six months of:
1.
the Office of
Student Conduct and Community Standards' discovery
of the studentÕs or student organizationÕs involvement in the alleged
violation; and
2.
the studentÕs last date of enrollment or
registration, or an organizationÕs recognition.
H.
Students may be accountable to both civil authorities and to the University
for
acts behavior which
constitute violations of the law and the Student Conduct Code.
Since the action of
civil authorities is independent from University action, the
University may or
may not initiate a conduct complaint when criminal complaints
are pending.
SectionArticle 4. Authority
for Student Discipline
Student Conduct Committee: Under the authority of the charter of
the University of Oregon, the faculty is responsible for student
discipline. The faculty of the
University herein delegates authority for administering this Code and the
Student Conduct Program as provided below:
The Student Conduct 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:
B.
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). Faculty
and student members shall serve for one year terms, but may be
reappointed. In addition, the
Director of Residence Life in University Housing, the Director of Student
Judicial Affairs 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.
C. Sub delegation of Authority to Minor
Tribunals and hearing officers:
1. With
the consent of the President of the University, the Student Conduct 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:
2.
Subject to approval by the President, the Student Conduct 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.
D. All
such regulations, hearing procedures, and disciplinary sanctions shall be
reduced to writing and approved by the Student Conduct 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 Committee
when a minor tribunal is either unable or unwilling to assume its responsibilities
as part of the UniversityÕs Student Conduct Program.
E.
Hearing officers and bodies include but are not limited to:
a.
University hearing board
b.
Director of Citizenship and Community Standards
c.
Graduate Students in the Office of Community Standards
d.
Complex Directors
e. Peer
Judicial Boards
f. Greek
tribunals
g. Club
Sports Executive Committee
5VArticle V:
ViolationsRules
and RegulationsPolicy
violationsViolations
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:Academic dishonesty includes cheating,
fabrication, plagiarism academic misconduct, or submitting the work of others
as your own to secure an internship or job.
1.
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.
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.
3. Plagiarism: i.e. the
inclusion of someone elseÕs product, words, ideas, or data as oneÕs own work
without proper crediting.
4.
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.
4.
1. Cheating is any other act
of deception by which a student misrepresents or
1.
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.
1. 2. Fabrication
is 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.
1. 3. Plagiarism
is the inclusion of someone elseÕs product, words, ideas, or data as oneÕs
own work.
1. 4. 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 and any
information about the test.
1.
1.
B. Violations of HonestyTrustHonesty
5.
15. Intentionally Furnishing false information to University faculty
or staff.
6.
26. Forgery, alteration, or
unauthorized use of University documents, records, keys, student
identification, keycards or services.
7.
37. Creation or
distribution of false identification.
8.
Failure to comply
with the terms of any disciplinary or educational sanctions
imposed in accordance with the Student Conduct Code.
9.
2. Violation of regulations or any other standards of
conduct approved by the Student Conduct Committee, including, but not limited
to, the University Housing Residence Hall Contract the Club Sports policies or
the Greek Social Policy, provided they have been published, distributed, or
posted in order to provide adequate notice to studeContempt 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:
C. Violation
of peace and propertyRespect
for Property and shared university resources
11. 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.
22. Damage, destruction, theft, or
unauthorized use of property located on the University campus or property
owned or controlled by the University.
33. Unauthorized entry into or use of
University property or University recognized living units, facilities,
residence halls, equipment, or resources.
44. Disorderly conduct (including
that resulting from the use of alcohol), unreasonable noise, or conduct that
results in unreasonable annoyance.
55. 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. Failing to
comply with the reasonable directions of university officials, including, but
not limited to, campus security officers and residence hall staff members,
acting in performance of their duties.
6.6. Violations of 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
Lewd
or indecent conduct.
g. Threatening, abusive or harassing conduct (as defined in violation
19) via electronic forums or electronic mail. (as
defined in the conduct code). 7. Gambling,
to the extent prohibited by Oregon law. (NEED
CLARIFICATIONWAITING FOR
NCAA).
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:
D. Violations
of SafetyRespect
for People
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. fear of
likely physical contact that endangers, threatens, or harms the health or
safety of any person.
22. 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:
á Sleep deprivation or causing excessive fatigue
á Physical or psychological shock
á Public stunts or jokes
á Compelled ingestion of any substance
á Degrading or humiliating games or activities
á Activities that have an adverse effect on academic progress
á Forced servitude
á Activities which are not consistent with the parent organization's rules and regulations
á 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.
33. 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.
44. Unauthorized possession, use, or
threatened use of dangerous chemical or biological substances or explosives.
55. Tampering with fire-fighting
equipment, turning in a false alarm, or engaging in conduct that constitutes
a significant fire hazard.
66. Harassment because of another
personÕs 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). Unreasonable
insults, gestures, or abusive words in the immediate presence of another
person that may reasonably cause emotional distress or provoke a violent
response.
c. Prohibited
discrimination, discriminatory harassment, and sexual harassment as relevant
to student conduct as defined by law.
77. StalkingUnwanted
contact, defined as repeatedly or persistently contacting
another person when:
a.1 T the
contacting person knows or should know that the contact is unwanted by the
other person; and
ba. 2 The
contact would causes a reasonable the
other person reasonable fear of physical harm; or
cb. The
contacting person knows or should know that the contact the contact substantially
impairs the other personÕs ability to perform the activities of daily life.
4d. ÒContactingÓ
includes, but is not limited to, communicating with or remaining in the
physical presence of the other person.
8. Prohibited :
discrimination, discriminatory harassment, and sexual harassment as relevant
to student conduct as defined by law.
E 8. Violation of University Policies on Sexual
Misconduct.
a. 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, an offense violates these values,
and, the
University of Oregon recognizes as an act of
violence, is committed when a student engages in sexual
behavior initiates a sexual act as
described in subsection b (CD) of this section
wherever that activity takes place, on or off campus.
2. Sexual gratification or pleasure of
any party involved is not relevant to an offense in this section.
3b. The following are defined as sexual
misconduct offenses:
Ai. Rape Unwanted
penetration is an offense committed by a student who engages
in is penetration of another person, or who causesing
the penetration of another person of
another person, and whowhen 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.
Bii. Sexual AssaultNonconsensual
personal contact occurs is an offense committed when
a student subjects another person to sexual 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 when he or she
knows; oror
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; and.
c. iii. 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 complainantÕs
status when the conduct is unwelcome and sufficiently severe or pervasive
that it
deprives that person of benefits of the UniversityÕs educational environment.
c. when a reasonable person would know
that such
contact would
cause emotional distress.
d. cd. The
following definitions apply to sexual misconduct:
this
offense
i. i. ÒExplicit ConsentÓ means
voluntary, non-coerced and clear communication indicating a willingness to
engage in a particular act. ÒExplicit consentÓ 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 ÒnoÓ
always means that consent is not present, whereas a ÒyesÓ to one act at one
time does not mean ÒyesÓ 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.
ii. ÒPenetrationÓ
means any degree of insertion, however slight, of the penis or any material object
into the vagina or anus, or the penis into the mouth.
iii.
iii.ÒÒSexual
ContactÓContact of a sexual natureÓ 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.
iv. ÒMental disorderÓ means
that a person suffers from a mental disease or disorder that renders that the person
incapable of appraising the nature of the conduct of another the person.
v. v. ÒMental
incapacitationÓ means that a person is rendered incapable of appraising or
controlling oneÕs own the conduct of the
person 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 the consent of the
person.
vi.
vi. ÒPhysical helplessnessÓ
means that a person is unconscious or for any other reason is physically
unable to communicate unwillingness to an act.
e. d. Ssexual gratification or pleasure
of any party involved is not relevant to an offense in this section.
f. e. 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 personÕs sexual misconduct on the
same occasion.
9.
F. Violations
of Alcohol and Drug PolicyRespect
for laws
122. Alcohol
use:(Come
back to in definitions)
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. (b) Consumption
of alcohol by those under 21 years of age on University-owned or controlled
property or at University-sponsored or supervised activities(c) Possession or consumption of alcohol on
unlicensed premises
d. (cd) Furnishing
of alcohol to persons under 21 years of age.*
e. (d) 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. (a) Illegal mManufacture,
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. (b) Illegal
sSale of marijuana, narcotics or
other controlled substances on University-owned or controlled
property or at University-sponsored activities
c. (c) Illegal
pPossession 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. 25. Gambling, as
defined an prohibited in ORS 167.108 to 167.164 except as authorized by ORS
464.270 to 464.530.
26.
G. Violations of Computer
Policies
Violation
of University policies on the acceptable use of computing resources. Unacceptable uses of computing
resources includes, but are is not
limited to:
1. Use of electronic forums to
violate other sections of the Student Conduct Code;
2. Sharing of accounts or lab
passes;
3. Violation of electronic privacy;
4. Interference with computer use or
operations;
5. Commercial or
illegal use of electronic or
computer resources; or
6. Violation of copyright law.
7. Threatening, abusive ,or harassing conduct
or lewd messages or pictures sent to others over
the internet using university resources.(as defined in the
conduct code).
HD.
Violations of Community Standards by Student Organizations
When an incident comes to the
Universities attention the Office of Student Judicial AffairsOffice
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 Judicial AffairsOffice
of Student Conduct and Community Standards. If sufficient action
is not taken in a timely manner by the governing body, the Office
of Student Judicial AffairsOffice of Student Conduct
and Community Standards will take appropriate action.
The Office
of Student Judicial AffairsOffice 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
Judicial AffairsOffice 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
Judicial AffairsOffice of Student Conduct and Community Standards.
In deciding whether the group is responsible for the violation, the University will consider whether the following factors are present:
1. The violation arises out of a group-sponsored, organized, financed, or endorsed event.
2. The organization provides the impetus for the violation.
3. The violation occurs on the premises owned or operated by the group.
4. A group leader has knowledge of the violation being likely to occur before it occurs and fails to take corrective action.
5. A pattern of individual
violations is found to have existed without proper and appropriate group
control, remedy, or sanction.
Article VI:
Sanctions
The
University utilizes an educational sanctioning model; hearing
officers will make every attempt to provide an educational sanction that will
enable a student to make better choices in the future. The educational sanction applied will
become progressively more demanding if the student repeats
violations and demonstrates that learning has not taken place.
An
accumulation of a variety of violations may result in severe sanctions such
as suspension or
expulsion. Academic dishonesty
as well as violations affecting the health, safety and well being of the
community are deemed the most severe and may result, upon the first
violation, in a negative notation being placed on a transcript, suspension,
or expulsion.
A.
Forms of Sanction
1.
Expulsion (student
status is severed permanently): any student who has been
expelled from the University as a result of disciplinary action shall not be
permitted to participate in any
University-recognized function or allowed to reside in any University
residence hall.
2. Suspension:
a. Individual Suspension
(student status is severed for a specified period): any student
who has been suspended from the University as a result of disciplinary action
shall not be permitted to participate in any University-recognized function
or allowed to reside in any University residence hall.
b.
Group
Suspension (With regard to aany student
organization),: this sanction is equivalent to loss of University
recognition or registration and all privileges associated with such
recognition or registration.
3. Negative
Notation on Transcript: entry of the fact of
violation on the studentÕs permanent academic record as a separate or
additional sanction may be imposed at the discretion of the hearings officer.
After the expiration of the period of time set by the hearings officer, the
notation shall be removed upon the request of the student.
(d)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.
(e)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.
(f)6. Disciplinary Probation:
participation
in University life by individual students or student organizations is placed
on probation, with or without loss of designated
privileges.
(g)7. Restitution:
the
student or student organization is required to replace or restore damaged,
stolen, or misappropriated property.
(h)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.
(i)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.
(j)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.
(k)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.
(l)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
studentÕs 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 studentÕs 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 studentÕs 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 studentÕs 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 chargecomplaints
against them and their rights under this Code, and given the opportunity to
be heard:
Aa).
Regulations and disciplinary sanctions affecting the conduct of all male and
female students shall be based on general principles of equal
treatment.
b). 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 Coordinator Director may
authorize another staff member to carry out any of the Coordinator's DirectorÕs responsibilities
unless expressly prohibited from doing so.
cC. ) Students
shall have an opportunity to participate in the formulation of all
regulations and policies pertaining to student discipline at the University
of Oregon.
dD. ) 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.e ) Students
accused of violations of the Student Conduct Code can expect the following
procedural protections: (COME BACK TO @ PROCEDURES)
i1.) To be informed of the chargecomplaint
and alleged misconduct upon which the chargecomplaint
is based;
ii2..) To request that the Director of Citizenship
and Community Standards resolve the case in an informal
disciplinary conference.
3. iii.) To be allowed
reasonable time to prepare for the hearing or conference.
4. iv .) To be informed of the evidenceinformation
upon which a chargecomplaint is
based and accorded an opportunity to offer a relevant response;
v5.) To call and confront relevant
witnesses;
vi6.) To be assured of confidentiality,
in accordance with the terms of the federal Family Educational Rights and
Privacy Act and Oregon Records law.
7.vii.) To request that any person conducting a
disciplinary conference or serving as a hearing board member or hearing
officer be disqualified on the ground of personal bias.
8. viii.) To be considered innocent
not responsible of the chargecomplaints
until proven responsible by a preponderance of the evidenceinformation. If suspension or expulsion
is a possibility, the standard of proof must be clear and convincing evidenceinformation.
9. ix.) To have an adviser
of their choice present at the hearing provided that advisorÕs
schedule does not delay the hearing.
Article VIII:
Conduct Procedures
aA.) 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 Citizenship 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. (i) The alleged Code
violation;
2. (ii) The opportunity for
the student to meet with the Director for purposes of discussing the options
for disposition of the case (conference with the Director or staff, or formal
hearing by hearings panel);
3. (iii)The
studentÕs right to assistance. At an informal conference with the CoordinatorDirector, or, a formal hearing by a
hearing panel or before the Appeals Board, a student may, but need
not represent his or her own interests, or be assisted by someone including
but not limited to one of the following representatives:
a a). the
Office of Student Advocacy
b. b) any
student
cc.) any
member of the faculty or administration
d)d. any
member of the Oregon Bar
4.
(iv)The
requirement to respond within 10 days, excluding breaks between terms or when
the student is not registered, to arrange a meeting with a Hearing
Officer. The hearing Officer
will proceed as provided in subsection (B)(2) if the student does
not arrange to meet or fails to meet with the Hearing Officer as arranged. That
the Director will proceed as provided in subsection (B)(2) of this rule if
the student does not arrange to meet with the Director to select an option
for disposition of the case within 10 days, excluding breaks between quarters
or when the student is not registered, after service of the complaint, or
fails to meet with the Director as arranged.
B.
(B) Response
(1.) After proper service of written
notice as provided in section (1) of this rule, the student may arrange to
meet with the Director for the purpose of selecting an option for the
disposition of the case (conference with the Director or staff, informal
hearing by Director, or formal hearing by hearings panel);
(2.) If after receiving notice,
pursuant to this rule, the student does not arrange to meet with the Director
to select an option for disposition of the case within 10 days, excluding
breaks between quarters or when the student is not registered, or if the
student arranges to meet with the Director to select an option to dispose of
the case but does not attend such a meeting, the Director may take any of the
actions specified in OAR 571-021-0045 or select another option for
disposition of the case (formal hearing by hearings panel) without
consultation with or agreement by the student.
3. C) Immediate
Referral to Hearings Panel. If the Director finds that under the
circumstances of the case, an immediate referral to a hearings panel for
formal
hearing
would be in the best interest of the University or the best interest of the
student, the Director may make such referral before service of notice upon
the student. In such case, the letter sent to the student shall notify the
student of the referral to the hearings panel and contain the information
required by subsections (1)(a), (c), and (d) of the rule. The case then shall
proceed as provided in OAR 571-021-0055.
(D)4. Conference and
Hearing Board Referrals
(i)a. The Director of Student
Conduct and Citizenship and Community Standards
or a designee will conduct a preliminary review to determine whether the
alleged misconduct might result in expulsion or suspension from the
University. Students not subject
to suspension or expulsion will be entitled to an informal disciplinary
conference with the Director of Student Conduct and of Citizenship and Community
Standards or staff member or a formal hearing with the hearing panel, as
set forth in section ____ of the Code. Students who are subject to suspension or expulsion will
be entitled to a hearing before the University Hearings Board as set
forth in section ____ of the Code.
(ii)b. Students referred for a
hearing by the Director may elect to have their cases resolved in accordance
with Part E of this code. Such an election must be in writing,
affirming that the student is aware a hearing is being waived and that the full
range of sanctions may be imposed, including suspension or expulsion from the
University.
c.(iii) The Director may defer
proceedings for alleged minor violations of this Code for a period not to
exceed ninety days. Pending chargecomplaints
may be withdrawn thereafter, at the discretion of the Director or designee.
C
9(10) Disciplinary
Informal Conferences
(A)1. Students accused of violations
that may result in penalties less than suspension or expulsion are
subject to amay choose an disciplinaryinformal
conference with the Director of Citizenship and Community
Standards, or designee. The
following procedural protections are provided to accused students in
disciplinary conferences:
a. writtenwritten
notice of the specific chargecomplaints
at least 3 3 class days
prior to the scheduled conference.
b. reasonable access to the case file prior to and during the conference. The case file consists of materials which would be considered Òeducational recordsÓ pursuant to the Family Education Rights and Privacy Act of 1974; personal notes of University staff members or complainants are not included.
c. anan
opportunity to respond to the evidenceinformation
and to ask the Director or designee hearing the case to contact relevant and
necessary witnesses.
d. the
right to be accompanied by an adviser
e. 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., as
provided in part x of
this Code.
(B)2. In cases where the Coordinator
of Student ConductDirector of Student Conduct and Community
Standards concludes that a student chargecomplaintd
with any offense under the Student Conduct Code lacks the mental capacity to
respond to pending disciplinary chargecomplaints,
the Director shall stay the proceeding until such time that the Director
concludes that the student is competent to respond to the pending
disciplinary chargecomplaints.
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 chargeaccusedd
withof
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 chargecomplaint
of academic dishonesty arose shall request the Registrar to assign a grade of
ÒXIÓ
until the disciplinary proceeding has been completed.
(C3. ) In
cases where a student, chargeaccusedd
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 evidenceinformation
pertinent to his or her mental condition to the Director. If, based upon all evidenceinformation
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 studentÕs 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 chargeaccusedd
with
of academic dishonesty, the
responsible faculty member for the class in which the academic dishonesty
took place shall assign an appropriate grade.
D
101. University
Hearings Board Formal Hearings
A1. ) Membership;
Selection; Hearing Board Chair; Presiding Officer; Recusal; Removal
(i)a. Student
Conduct Code formal hearings are heard by a panel on which faculty and students are
represented, drawn from a pool known as the ÒHearings Board.Ó
(ii)b. The Hearings Board
shall consist of eighteen members, all of whom
must be appointed by the University President. The board must consist of:
(A)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.(B) 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)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.
B) The
Office
of Student Judicial AffairsOffice 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
Judicial AffairsOffice 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.
C)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 CoordinatorDirector ,
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.
(D)4. Names of
nominated students will be forwarded to ASUO for formal nomination to the
University President pursuant to OAR 571-21-055(A).
5. Preference will be given
to up to 5 recommended students
wishing to return to the hearing board for reappointment.
(E) 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.
(F) 7. New student members
will be ready to assume responsibilities for the Hearings Panel at the
beginning of the next academic year.
(G) 8. A ÒHearings PanelÓ
shall consist of three students and two faculty members (one officer of
instruction and one officer of administration) selected at
random from the Hearing Board. A
hearing cannot proceed with fewer than 4 members present.
(H) 9. Formal Hearing Procedures
a. If a
matter cannot be resolved by an informal 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.
(i)c. The
Director
of Citizenship and Community Standardshearings
panel will
select
a appoint 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.
(ii) 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 hearing 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
studentÕs 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
hearing 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 advisorÕs
conduct in a hearing is judged to merit such disqualification, the hearings
panel will have the authority to remove a personÕs name from the Hearing
Panel Advisors list and to disqualify that person from serving as an advisor
in future hearings.
e. The Director or a designee shall give
accused students notice of the hearing date and the specific chargecomplaints
against them at least five seven class 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 Citizenship and Community
Standards.
(iii)f. The Chair of the hearing
panel may subpoena require the attendance of
relevant witnesses after consultation with the Director of Citizenship
and Community Standards.
Subpoenas These requests must
be personally delivered or sent by certified mail. University students and employees are expected to comply
with subpoenas these requests issued
pursuant to this procedure, unless compliance would result in significant and
unavoidable personal hardship, or substantial interference with normal
university activities, as determined by the Dean of StudentsDirector
of Student Conduct and Community Standards.
(iv)g. Accused students who fail to
appear after proper notice will be deemed to have pleaded Ònot responsibleÓ
to the chargecomplaints
pending against them. A hearing
may be conducted in their absence, if necessary.
(v)h. All hearings conducted under the
authority of the Code are to be closed 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 chargecomplaintd. 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
chargecomplaintd
student, the chargecomplaintd
student'Õs
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.
vi)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'Õs final
determination with respect to the alleged offense and any sanction that is
imposed against the accused.
(vii) 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 student, 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.
(viii)k. Hearings
shall be tape recorded or transcribed.
(ix)l. Any party may challenge a
hearing board member or the chair on the ground of personal bias. Panel members may be disqualified by
the chair, or upon majority vote of the voting members, conducted by secret
ballot. The chair may be
disqualified by the Director of Student Conduct and Citizenship and Community
Standards.
(x)m. Witnesses shall be asked to affirm that
their statement is truthful, and may be subject to chargecomplaints
of violating this Code by intentionally providing false information to the
University.
(xi)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.
(xii)o. The chargecomplaints
against the respondent must be established by a preponderance of the evidenceinformation
unless expelling a student in which case the chargecomplaints
must be established by clear and convincing evidenceinformation. The Director shall be responsible for
investigating and presenting the relevant evidenceinformation
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 University'Õs complaining
partyÕs burden to prove the case by a preponderance of evidenceinformation
except as stated above.
(xiii)p. Formal rules of evidenceinformation
shall not be applicable in disciplinary proceedings conducted pursuant to
this Code. The hearing officer
shall give effect to the rules of confidentiality and privilege, but shall
otherwise admit all matters into evidenceinformation
which reasonable persons would accept as having probative value in the
conduct of their affairs. Unduly
repetitious or irrelevant evidenceinformation
may be excluded.
(xiv)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.g.
(xv)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.
(xvi)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
hearing panel chair), and the student has had an opportunity to
provide a written response prior to the hearing; and
b. The hearing 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 Hearing 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.
E. 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 most many disciplinary
cases. The Director of Citizenship and Community
Standards shall will inform
complainants and accused students in writing about
the availability of mediation resources, including resources
offered by state or local agencie.s. 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 Citizenship 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 XX days of receiving written notice of the violation pursuant to Article __, 8, B.
2. The Director will determine if the student alleged to have violated the Code must admit responsibility as a condition of the DirectorÕs 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 DirectorÕs sole discretion, determines that mediation is unlikely to be successful, the Director may inform the necessary parties and initiate other procedures.
B. 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 DirectorÕs discretion, as if a student had failed to complete a sanction under the Code.
D. Upon
timely completion of a studentÕs 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 studentÕs obligation in a timely fashion,
Director of Student Conduct and Community Standards will remove information
regarding the violation from the studentÕs record.
Article X:
123. Evidence in Sexual Misconduct
Cases
(A) In hearings for the determination
of responsibility for complaints made pursuant to 571-021-0030(20), or for
the attempt to commit such an offense, information about the sexual behavior
of an alleged survivor prior to or subsequent to the alleged offense is not
admissible, except that specific instances may be admissible provided that
such information:
(i) Is necessary to rebut or explain
scientific or medical information offered by the University; or
(ii) Is otherwise constitutionally
required to be admitted.
(B) The accused student shall make a
written motion and offer of proof to the Office of Citizenship and Community
Standards and the hearings officer or hearing board chair not later than five
(5) days prior to the hearing, or when deemed essential by the hearings
officer or hearing board chair to prevent substantial and unfair prejudice,
for any specific instances of sexual behavior of the alleged survivor sought
to be admitted under sections (a) and (b ) of paragraph (1).
C) The University shall have the
opportunity to file a rebuttal motion with the hearings officer or hearing
board chair and the accused student.
(D) All motions and supporting
memoranda submitted pursuant to this provision shall be in private.
(E) If the hearings officer or
hearing board chair finds that the probative value of the information sought
to be admitted under section (1)(a) of this provision is
outweighed
by unfair prejudice to the alleged survivor, such information shall not be
admissible.
134. Advisors
(A) Complainants and accused students
may be assisted by an advisor, who may be an attorney. The role of an advisor will be
limited to:
(i) Making a brief opening and
closing statements, as determined by the presiding officer.
(ii) Suggesting relevant questions,
which the presiding officer may direct to a witness.
(iii) Providing confidential advice to
the complainant or accused student.
(B) Even if accompanied by an
advisor, an accused student must respond to inquiries from the presiding
officer and the hearing board.
In
consideration of the limited role of an advisor, and of the compelling
interest of the University to expeditiously conclude the matter, the work of
the hearing board will not – as a general practice - be delayed due to the
unavailability of an advisor.
Appeals
(1)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.
(2)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.
(3)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.
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.
(4) Appeals to the University Appeals Board
are restricted to review of the sanctions imposed by the hearings panel and
to the procedural grounds listed below:
(a) The order is unlawful in substance or
procedure, but error in procedure shall not be cause for reversal or remand
unless the Board shall find that substantial rights of the petitioner were
prejudiced thereby;
(b) The order is not supported by
substantial evidence in the whole record.
(5)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:
(a)1. Modify
the decision or sanction; or
( b2). Remand
for further proceeding.
G. (6) 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.
(7) The decision of the
University Appeals Board may be appealed to the Court of Appeals on the
grounds and according to the procedures specified in ORS
Chapter 183.
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. ÒEmergency ActionÓ
includes, but is not limited to:
1. Immediate
withdrawal from the University;
2. Restrictions
on the accused studentÕs 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
studentÕs 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 formal 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
studentÕs conduct as prescribed in the Student Conduct Code; or
3. Sustain
or modify the emergency action
until such time as a formal hearing regarding the accused studentÕs 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. Formal
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 studentÕs 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 memberÕs 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 ÒwÓ off of the transcript.
Article XIII:
Administration of Conduct System
156.A. Disciplinary
Records and Files
A1.. 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 chargecomplaints. 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.
B2. The
files of students found responsible of any chargecomplaints
against them will normally be retained as a disciplinary record for four
years from the date of the letter providing notice of final disciplinary
action.
C3. 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:
1)a. the
present demeanor of the student.
2) the conduct of the student subsequent to the
violation.
3)b. the
nature of the violation and the severity of any damage, injury, or harm
resulting from it.
B.167. Student
Conduct Reports
1). The
Student
Conduct CommitteeCommunity 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.
178.C. Director
of Student Conduct and Community Standards
(1). The
President of the University shall designate a Coordinator of Student
ConductDirector of Student Conduct and Community
Standards who shall have primary responsibility for
administering the Student Conduct
Program and coordinating these
activities of all University officials, hearings officers, referees,
committees, or tribunals that are concerned with the Student
ConductCommunity Standards Program.
(2). The
CoordinatorDirector
shall be responsible
to the Student Conduct CommitteeCommunity
Standards Committee for maintaining complete records pertaining
to the activities of the Student ConductCommunity Standards
Program. Those records shall
include a summary of the business of the Student Conduct CommitteeCommunity
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 CoordinatorDirector
may prescribe
reporting procedures to be followed by those authorized to impose
disciplinary sanctions.
(3). The
CoordinatorDirector
shall serve as
non-voting Secretary of the Student Conduct CommitteeCommunity
Standards Committee, and as advisor to all individuals and
groups authorized to impose
disciplinary sanctions. The CoordinatorDirector
shall serve as a
non-voting, ex-officio member of the Residence Hall Governance Committee and
of the residence hall
Peer Judicial Standards
Boards.
(4) The CoordinatorDirector
shall
be responsible for gathering and presenting to the Student Conduct CommitteeCommunity
Standards Committee the reports required by this code.
189. Interim Suspension
(1) The Student Conduct Coordinator
or his/her designee may take emergency action when immediately necessary to
secure the health or safety of other persons or
the student against whom
the action is taken (Òthe accused studentÓ) and there is an alleged violation
of the Student Conduct Code.
(2) ÒEmergency ActionÓ includes, but
is not limited to:
(a) Immediate withdrawal from the
University;
(b) Restrictions on the accused
studentÕs presence on University property and/or University events.
(c) At the time of the emergency
action, the Student Conduct Coordinator may request that the student secure a
medical/psychological evaluation through the Student Health Center or at
another facility at the studentÕs own expense. The evaluation may be used to
determine the appropriateness of withdrawing the
emergency action.
(3) At the time that the emergency
action takes place, the Student Conduct Coordinator or his/her designee
shall:
(a) Inform the accused student of the
reason for the emergency action;
(b) Give the accused student the
opportunity to explain why an emergency action need not be taken;
c) 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
(d) Inform the accused student of the
possible restrictions that may be imposed prior to a formal hearing.
(4) 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 Citizenship 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.
(5) Based on the reasonable
evaluation of the evidence presented at the preliminary hearing, the Student
Conduct Coordinator shall notify the accused student within
24 hours of the decision
to:
(a) Dissolve the emergency action and
take no further action;
(b) Dissolve the emergency action but
proceed to a full hearing regarding the accused studentÕs conduct as
prescribed in the Student Conduct Code; or
c) Sustain the emergency action until such time as a
formal hearing regarding the accused studentÕs conduct may be held.
(6) An emergency action shall be
reviewed by the Dean of Student Life 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.
(7) Formal hearings subsequent to an
emergency action shall occur no sooner than ten days, and shall be
administered pursuant to 571-021-0040 and
571-021-0055 of this
Code. If the Coordinator for Student Conduct agrees, the accused person may
waive the ten-day notice requirement in order to expedite the
hearings process.
(8) If a hearings officer or panel
removes restrictions on the accused studentÕs housing or enrollment, the
student will not be assessed any fees for reinstatement.
19D. Adjudication
of Contempt and Imposition of Sanction
The
adjudication and sanction of contempt provided in OAR 571-021-0030(18) shall
be made by the referee, hearings officer, or presiding officer of the
University Appeals Board; alone and summarily. Upon adjudication and
sanction, if any, the officer shall certify to the Coordinator of Student
ConductDirector 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.
20. Failure to complete disciplinary
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 Judicial
Affairs of the consequences of failing to complete the sanction. The Office of Student Judicial
Affairs will also provide the student with that information in writing in the
initial decision letter.
2.) If a student fails to complete the
disciplinary sanction by the assigned deadline, the Office of Student
Judicial Affairs will:
a) Send the
student a letter that states:
i) the studentÕs ability to register for classes, drop classes,
or change grade options will be placed on hold until verification that the
student has completed the sanction has been received by the Office of Student
Judicial Affairs.
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 studentÕs responsibility to
ensure that the Office of Student Judicial Affairs receives notice of
completion of the sanction.
b) When a hold is placed on a studentÕs record, the Office of
Student Judicial Affairs will inform the student in a letter that the hold
has been placed, the consequences of the hold, and the actions required to
have the hold removed.
c) The hold will be removed immediately after the student has
provided verification of completion of the sanction.
3.) A student who is unable to register
because the student has not completed a sanction may seek a waiver from the
Office of Judicial Affairs. The
Office of Judicial Affairs will grant a waiver, allowing the student to
register, provided the student agrees the studentÕs registration may be
cancelled immediately and the hold reinstated if the student has not
completed the sanction by a deadline set by the Office of Judicial Affairs,
in its sole discretion.
21. Academic Dishonesty Procedures
(1) Student/Faculty Conference. Upon the
discovery of a suspected academic dishonesty incident—plagiarism,
cheating, or knowingly furnishing false information toa faculty or staff
member—the faculty member in whose course the incident originated shall
promptly notify the department head of the incident of suspected academic
dishonesty and as soon as practical thereafter schedule a conference with the
student. This conference shall include a discussion of the option of having
the case referred directly to the Coordinator of Student Conduct, and, if
appropriate, a discussion of the alleged incident and supporting evidence. In
the event the student is unwilling to confer with the faculty member or is
unable to do so within a reasonable time period, the case may be referred to
the Coordinator of Student Conduct for resolution. If, for some reason, the
faculty member is not available for a conference with the student, the case
may be conducted by the faculty memberÕs department head or dean of the
college or school, or referred for resolution to the Coordinator of Student
Conduct.
(2) Non-Contested Cases. If the student
admits to the academic dishonesty incident, the faculty member shall impose,
within the context of the course in which the incident originated, an
appropriate academic sanction up to and including an N or an F. Written
notice of the sanction or resolution without sanction shall be given the
student and reported as provided in section (4) of this rule. If, in the
judgment of the faculty member, further disciplinary action is warranted, the
report to the Coordinator of Student Conduct shall so indicate. The student
may appeal the academic sanction to the faculty memberÕs department head and,
ultimately, to the dean of the college or school in which the incident originated.
(3) Disposition of Contested Cases. If a
student denies the academic dishonesty incident of which he or she is accused
at the student/faculty conference, the student may and the faculty member
shall, not later than two weeks after the date of that conference, make a
written referral of the case to the Coordinator of Student Conduct for
resolution. The case will then be conducted in accordance with the procedures
established in OAR 571-021-0040 to 571-021-0064 and OAR 571-021-0072 of this
Code:
(a) If there is a finding that the student
engaged in academic dishonesty, irrespective of any disciplinary sanction
imposed, the faculty member responsible for the
context in which the
academic dishonesty took place shall assign an appropriate grade;
(b) If there is a finding that the student
did not engage in academic dishonesty, no academic sanction may be imposed.
(4) Reporting Academic Dishonesty
Incidents. Members of the faculty are required to file a written report of
each academic dishonesty incident with their respective department head, dean
of the college or school, and Coordinator of Student Conduct. These reports
shall be treated as confidential and retained for record keeping purposes as
provided by the Student Records Policy.
(5) Dropping or Withdrawing from Course.
The department head, on receipt of notice of an incident of suspected
academic dishonesty, shall take such steps as appropriate to prevent the
student from dropping or withdrawing from the course pending disposal of the
incident as provided in either section (2) or (3) of this rule.
If the incident results
in award of the grade of N or F as a final grade for the course, the student
shall not be permitted to drop or withdraw from the course. If no sanction
results, or if the incident does not result in an award of the grade of N or
F as a final grade, the student shall be free to drop or withdraw from the
course by processing the drop or withdrawal notice at the later of:
(a) The expiration of the drop and
withdrawal deadline for the course; or
(b) Five business days after receipt by the
student of notification of sanction or termination of the incident without
sanction.
22E. Student
Conduct Code
(1) Code Establishment. Upon approval by
the faculty, this Student Conduct Code becomes effective and supersedes all
previous regulations and policies pertaining to student discipline at the
University of Oregon.
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
interpretation. Any question of
interpretation or application of the Student Code will be referred to the Director
of Student Conduct and Community Standards or his or her designee except
in hearings before the Community Standards hearing panel.
3.(2). Code
Amendment. This Code may be
amended by the faculty except that OAR 571-021-0040 through
571-021-0064 and OAR 571-021-0072the delegation to minor
tribunals sections may also be amended by the Student
Conduct CommitteeCommunity Standards Committee.
4. Code Revision. This code shall be continuously reviewed in its entirety to make sure it is consistent with best practices in Student Conduct.
5. This Code is adopted as
Oregon Administrative Rules.
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