Revisions to Code of Student Rights and Responsibilities
Executive Memorandum 96-038
July 8, 1996
To: Student Affairs Directors, President, Associated Students Board of Directors, Chair, Academic Senate, Chair, Staff Council, Chair, Faculty and Student Policies Committee, Chair, Educational Policies Committee
From: Manuel A. Esteban, President
Subject: Revisions to Code of Student Rights and Responsibilities
CODE OF STUDENT RIGHTS AND RESPONSIBILITIES
California State University, Chico
On the recommendation of the Academic Senate, I approve revisions to the Code of Student Rights and Responsibilities, which are implemented herein as Executive Memorandum 96-038, effective immediately.
This University exists to enable students to live a more perceptive and fulfilling life, to inspire them in creative thinking, and to encourage them to contribute their ideas for the improvement of society. Freedom of expression and communication are necessary to these purposes.
Without this freedom, effective sifting and testing of ideas cease, and research, teaching, and learning are stifled. Knowledge is as broad and diverse as life itself, and the need for freedom is equally broad. The University always must strive to strike that balance between maximum freedom and necessary order which best promotes its basic purposes. This provides an environment conducive for students to develop their maximum potential for learning through student programs, research, and teaching. Students, as members of the academic community, accept both the rights and responsibilities incumbent upon all members of the institution. Students have not only the right but also the duty to challenge any attempt to deprive them of their rights, either as citizens or as students.
This Code of Student Rights and Responsibilities has been written to define and explain students' rights, obligations, and responsibilities while they are members of the CSU, Chico campus. It has been written cooperatively by students, faculty, and staff in the interest of open information-sharing among all campus members.
This Code of Students Rights and Responsibilities is subject to and limited by federal and state law, including regulations adopted by the Board of Trustees of The California State University, executive orders issued by the Chancellor, and campus policy as published by the President of the University.
STATEMENT OF STUDENTS RIGHTS
To protect student rights and to facilitate the definition of student responsibilities at California State University, Chico, the following statements are set forth:
The Right of Access to Higher Education
The University is open to all persons who are qualified according to its admission standards unless current resource limitations result in the closure of academic programs in which applicants have expressed an interest. The University will make every attempt to inform all prospective students of the academic level required for admission through its University Catalog and other official communications.
Rights in the Classroom
The classroom is the essential part of the University, and the freedom to learn should be promoted and encouraged by the instructor. Students who have complaints about prejudicial or inconsistent academic evaluation by an instructor have recourse through the Student Grievance Procedures (Executive Memorandum 94-022). The Student Grievance Procedures may be obtained from the Coordinator for Student Judicial Affairs.
These procedures have been established to address grievances which allege that an official action taken on behalf of CSU, Chico, which adversely affects a student, was either unreasonable or not generally or specifically authorized. Resolving such disputes informally is encouraged.
- Students are free to take reasonable exception to the data, processes, or views offered in courses of study. At the same time they are responsible for meeting standards of academic performance established for each course.
- By the end of the first week of their initial attendance, students have the right to receive a course syllabus from faculty members containing clearly written objectives which are consistent with the nature of the course. Students should be informed by the instructor about the level of achievement which is expected for each letter grade. (Reference: Executive Memorandum 92-013, Grading Policy).
- Students have the right to know what material will be covered on midterms and finals and to inspect and discuss their graded examinations and papers with their instructors. These must be graded promptly enough so as to make them a part of the student's learning experience.
- Students have the right to have faculty meet their classes at scheduled times. When circumstances require cancellation of a class, the instructor shall make an effort to notify students.
- Students have the right to have instructional faculty schedule a reasonable number of office hours for student conferences, including availability during the week of final examinations.
- Students should have the right to expect faculty members' office hours will be posted on their office doors and recorded in their department offices.
- Students have the right to a course grade which represents the professor's good-faith judgment of the student's performance in the course.
- Students have the right to expect that, in the classroom, faculty will not discriminate on the basis of personal prejudices.
- Students have the right as well as the responsibility to participate in procedures for evaluating the teaching effectiveness of faculty.
Right to Freedom from Sexual Harassment
Students have the right to expect freedom from sexual harassment. (Reference: Chancellor's Executive Order No. 345 and Executive Memorandum 94-041, Policy on Sexual Harassment). Students wishing more information regarding these policies or their procedures can contact the Coordinator for Student Judicial Affairs.
California State University, Chico will not tolerate sexual harassment. Sexual harassment is prohibited in The California State University by Executive Order No. 345. Violations of this policy by administrators, faculty, staff, and students will be regarded as unprofessional and uncivil conduct, and violators may be subject to appropriate disciplinary action ranging from written or verbal reprimand to dismissal or expulsion. All current and new students, staff, faculty, and administrators will be informed and educated of the University's policies and procedures regarding sexual harassment.
Nothing in this policy is meant to preempt or foreclose the pursuit of remedies available to alleged victims of sexual harassment under applicable state or federal statutes and regulations.
Goal of Policy
The goal of this policy is to create and preserve a learning and working environment conducive to growth in mind, spirit, and human community. Sexual harassment subverts the mission of the University by interfering with academic careers or work performance; by creating an atmosphere of intimidation and hostility; and by undermining respect for the University, the individuals that constitute its community, and its degrees and scholarship.
Objectives of Policy
This policy and the procedures it establishes aim to
- Eliminate and prevent sexual harassment in the University
- Disseminate information concerning the University's sexual harassment policies to the campus community
- Provide the means by which students and employees may explore both informal and formal avenues of inquiry about the nature and definition of sexual harassment and the mechanisms available for adjudicating complaints
- Enable investigations of alleged sexual harassment
- Provide for appropriate action before, during, and as a result of such investigations
- Provide appropriate individuals with the results of such investigations.
For purposes of this policy, sexual harassment is defined as including but not limited to unwelcomed sexual advances, requests for sexual favors, repeated derogatory sexist remarks, and other verbal, visual, or physical conduct of a sexual nature directed toward an employee, student, or applicant under any of the following conditions when
- Submission to or toleration of sexual harassment is an explicit or implicit term or condition of appointment, employment, admission, evaluation, or participation in any university-sanctioned activity
- Submission to or rejection of such conduct is used as a basis for a personnel decision or an academic evaluation affecting an individual
- The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or of creating an intimidating, hostile, or offensive working environment
- The conduct has the purpose or effect of unreasonably interfering with an individual's academic performance or of creating an intimidating, hostile, or offensive learning environment
- Submission to or rejection of the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the University.
Sexual harassment includes but is not limited to (1) making unwelcomed written (e.g. , suggestive or obscene letters, notes, invitations), verbal (e.g. , sexually demeaning comments; sexually explicit statements, questions, slurs, jokes, anecdotes, or epithets), physical (e.g. , sexual assault, touching, impeding or blocking movement), and/or visual (e.g. , leering, gestures, display of sexually suggestive objects or pictures, cartoons, or posters) advances with sexual overtones; (2) expressions of sexual interest after being informed that the interest is unwelcome; (3) reprisals, threats of reprisal, or implied threats of reprisal following a negative response to sexual advances or following a sexual harassment complaint.
A single incident of sufficient severity may constitute sexual harassment. In determining whether a specific act or pattern of behavior violates this policy, the circumstances surrounding the conduct should be considered together with the above definition of sexual harassment. Such determination will be made from the perspective of a reasonable person or the "reasonable woman" standard toward whom such conduct might be directed.
Right to Freedom from Discrimination
California State University, Chico is committed to maintaining an environment free from unlawful discrimination, including discriminatory harassment. To fulfill this commitment, the University will work to prevent discrimination from occurring and will ensure that federal laws, state laws, campus policies, and Trustees' policies prohibiting discrimination are fully enforced.
The remainder of Section I.D. is quoted from Executive Memorandum 95-022, Non-discrimination Policy and Procedures. Modifications to EM 95-022 will automatically be incorporated into this Code. Students wishing more information regarding this policy or its procedures can contact the Coordinator for Student Judicial Affairs.
Statement of Policy
CSU, Chico affirms and protects the rights and opportunities of all persons to a working environment for employees and an environment for students and the public which enables persons to seek and obtain the services of the University without discrimination. No person shall, on the basis of race, color, sex, religion, age, sexual orientation, disability, veteran status, or national or ethnic origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination, including discriminatory harassment, under any program of the University. Faculty, staff, and students who cause these rights to be violated may be subject to discipline as outlined below. (Complete information about making a complaint of sexual harassment will be found in Executive Memorandum 94-041, Policy on Sexual Harassment.)
In addition to its general duty to create and maintain an environment free of discrimination and discriminatory harassment, the University also recognizes (1) its obligations to all individuals involved in claims of discrimination, including claims of discriminatory harassment; (2) its obligation to respect individual rights to privacy and confidentiality; and (3) its obligations to provide a fair framework for encouraging the resolution of such complaints.
Discrimination occurs when a member of the university community is subjected to disparate treatment in employment or in the provision of educational benefits and services, based on a characteristic protected by state or federal law (gender, race, color, national or ethnic origin, religion, age, sexual orientation, disability, or veteran status). It also occurs when a university policy or practice which is neutral on its face has an adverse impact on an individual's employment or education on the basis of such characteristic, and there is no substantial legitimate justification, or there is an alternative policy or practice available that would have a less adverse impact.
Persons who believe they are being or have been subjected to discrimination are encouraged to seek resolution as soon as possible after an incident. They should also recognize that delay in taking formal action with respect to an incident for more than 180 or, in some cases, 300 days may foreclose access to federal investigative agencies. The time limitation is one year in the case of the California Department of Fair Employment and Housing. Filing a grievance with the University is not a prerequisite to filing a complaint with a federal or state agency.
California State University, Chico endeavors to provide an environment conducive to growth in mind, spirit, and human sensibility. Neither this nor any other university policy is violated by actions that amount to expression protected by the First Amendment to the United States Constitution and/or Article 1, Section 2 of the California Constitution.
Right to Privacy and to Inspect Public Records
According to federal and state law, students have the right to protection against improper disclosure of personal information.
To minimize the risk of improper disclosure, the records of a student's academic, counseling, disciplinary, financial, and medical contacts with the University are kept separate from one another. The conditions for access to these records are set forth in a policy statement entitled "The Privacy Act of l974," which is included in the University Catalog. Transcripts of academic records shall contain only information related to academic status and performance. Disciplinary status shall be added to transcripts of academic records only when authorized by the President. Information from disciplinary, financial, counseling, medical, or academic records shall not be available to any person, on or off campus, without the express written consent of the student involved except in accordance with law. No records shall be maintained on students which reflect their political or social views and activities. Provision shall be made for routine destruction of noncurrent disciplinary records in accordance with university policy.
Members of the university community enjoy the right of privacy in their living quarters. Student rooms within university-operated housing shall not be searched and personal possessions of students shall not be seized unless authorized by university regulations as stated in the housing license or in the law of California. Emergency sanitary or maintenance inspection may be conducted by campus officials in on-campus housing without notice. Routine sanitary or maintenance inspections require at least 24 hours prior notice. Housing staff may enter a room for health and safety reasons without prior notice (e.g. , if smoke is noticed coming under the door).
In accordance with Government Code, Division 7, Chapter 3.5, the University's public records are open for inspection during regular office hours. Any individual wishing to inspect a public record will present a written request to the appropriate person. This request shall contain (l) a brief description of the record to be inspected and (2) the name, address, telephone number, and signature of the requester. If copies of the records are needed, the requester will be charged the current fee per page. After determining the total number of pages needed, payment will be made to the Business Affairs Office and the copied records will be released upon presentation of the receipt. Although the University will make every effort to comply promptly with a request for access to public records, the regular duties of an office may require a delay in offering special services to an individual. (Reference: Sections 6253 and 6254, Government Code, Division 7, Chapter 3.5.)
Right to Freedom of Association, Expression, Advocacy, and Publication
Students are free to organize, join associations, and promote their common interests. Students shall be free to discuss openly all questions of interest to them and to express their opinions publicly or privately. Students are free to affiliate and organize for educational, political, social, religious, or cultural purposes.
Students are permitted the fullest expression of beliefs through means which are orderly and do not violate the rights of others. For a more detailed description, see Executive Memorandum 86-012, Guidelines for Speech and Advocacy.
Student-operated media benefit the campus community by stimulating intellectual exploration and keeping open channels for free and responsible communication. Students are responsible for respecting the equal rights of all other members of the academic community. Student-operated media, whether supported by student funds or institutionally sponsored, shall provide fellow students reasonable opportunity for expressing views which differ with editorial policy.
The Associated Students of California State University, Chico, other student organizations, and individual students may publish and otherwise communicate information and opinion. These groups and individuals are not subject to sanctions and restraints beyond those imposed by provisions set forth by Trustee regulations or other state or federal laws. Students are also responsible for respecting the rights of other students, faculty, and administrators by avoiding the utterance of willful or malicious defamatory statements or other incivilities so grave as to impair the ability of students or educators to effectively perform their duties.
Student publications and other communications media are guaranteed the editorial freedom necessary to engage in free inquiry and expression without advance approval of content. The agency responsible for the appointment of editors and managers is the agency responsible for their removal.
Right to Contribute to University Governance and Curriculum
Students have the right to a voice in the making of institutional policy generally affecting their social or academic affairs and in the formulation of standards of student conduct and the procedures for discipline should these standards be violated.
Students are also guaranteed the opportunity to participate in revision and improvements of curriculum through service on curriculum committees.
Students shall have the opportunity to participate in the formulation and promulgation of policies, rules, and sanctions affecting them in accordance with the laws of the State of California, rules and regulations of the Board of Trustees of The California State University, and the Chancellor's Executive Orders.
Right to Accommodation for Individuals with Disabilities
Our mission is to create and maintain at California State University, Chico an environment where individuals with disabilities have full and equal access to and enjoyment of all aspects of the campus.
The remainder of Section I.H. is quoted from Executive Memorandum 94-047,Policy and Procedures for Accommodating Individuals with Disabilities. Modifications to EM 94-047 will automatically be incorporated into this Code. Students wishing more information regarding this policy or its procedures can contact the Coordinator for Student Judicial Affairs.
California State University, Chico is committed to the full and total inclusion of all members of the campus community in all educational and operational aspects of campus life. This document furthers our policy of inclusion by providing guidance to ensure that any person with a disability will not, on the basis of that disability, be denied access to or enjoyment of any program, service, or opportunity provided by the campus.
Federal and state laws provide minimum requirements with which representatives of the campus must comply. As an employer, the University must make reasonable accommodations to the known physical or mental limitations of an otherwise qualified person with a disability unless providing accommodations would impose an undue hardship on the campus. Reasonable accommodations shall be provided in a timely, cost-effective manner. In addition, as an institution of higher education, the campus is required to provide academic adjustments, i.e. , modify courses, academic programs, activities, and services offered at any on-campus or off-campus location and to provide accommodations to the general public unless doing so would create an undue hardship or cause a fundamental alteration of the course, program, activity, or service.
We believe that California State University, Chico administration, faculty, and staff, along with those individuals employed in auxiliary areas of the campus, bear a special responsibility to promote the spirit as well as the letter of the law. The environment we wish to create and maintain at this campus is one where campus representatives possess attitudes highly respectful of the needs of individuals with disabilities and are strongly committed to respond positively to those needs.
Just as students have rights, they also have responsibilities. Student rights in themselves exist primarily to meet their educational responsibilities.
First among the responsibilities is for students to successfully acquire high-quality experiences in higher learning. This central commitment to achieve academic standards also specifies additional responsibilities which include but are not limited to the following: consulting appropriate faculty and staff to help identify courses of study which meet all requirements and requisites; understanding university policies and procedures involved in registering for courses or declaring major and minors; and completing all related paperwork to keep accurate records. Students must achieve high grades and standards and gain proficiency in their chosen areas of study. They additionally must master the skills required to accomplish these educational goals, which may include proper work and time management, the development of competency in analytical and critical thinking, and the mastery of communicative and organizational skills. It is their responsibility to make meaningful connections between their academic goals and their future vocational objectives. Students are, in the larger social context, responsible for their own actions both on and off campus, and are therefore expected to show respect for the rights of others.
Causes for Student Disciplinary Action
No disciplinary action shall be imposed except in accordance with this Code. Students enrolling in California State University, Chico assume an obligation to conduct themselves in a manner compatible with the educational mission of the University. Specific violations for which students may be subject to sanctions have been established by Trustee action. The Title 5, California Code of Regulations section which provides for these violations follows: 4l30l. Expulsion, Suspension, and Probation of Students.
Following procedures consonant with due process established for the campus of enrollment, any student of that campus may be expelled, suspended, placed on probation, or given a lesser sanction for one or more of the following causes which must be campus-related:
- Cheating or plagiarism in connection with an academic program at a campus.
- Forgery, alteration, or misuse of campus documents, records, or identification or knowingly furnishing false information to a campus.
- Misrepresentation of one's self or of an organization as an agent of a campus.
- Obstruction or disruption, on or off campus property, of the campus educational process, administrative process, or other campus function.
- Physical abuse, on or off campus property, of the person or property of any member of the campus community or of family members or the threat of such physical abuse.
- Theft of, or nonaccidental damage to, campus property or property in the possession of, or owned by, a member of the campus community.
- Unauthorized entry into, unauthorized use of, or misuse of campus property.
- On campus property, the sale or knowing possession of dangerous drugs, restricted dangerous drugs, or narcotics as those terms are used in California statutes, except when lawfully permitted for the purpose of research, instruction, or analysis.
- Knowing possession or use of explosives, dangerous chemicals, or deadly weapons on campus property or at a college campus function without prior authorization of the campus President.
- Engaging in lewd, indecent, or obscene behavior on campus property or at a campus function.
- Abusive behavior directed toward, or hazing of, a member of the campus community.
- Violation of any order of a campus President, notice of which had been given prior to such violation and during the academic term in which the violation occurs, either by publication in the campus newspaper or by posting on an official bulletin board designated for this purpose, and which order is not inconsistent with any of the other provisions of this section.
- Soliciting or assisting another to do any act which would subject a student to expulsion, suspension, or probation pursuant to this section.
- For purposes of this Article, the following terms aren't defined.
- The term "member of the campus community" is defined as meaning California State University Trustees; academic, nonacademic, and administrative personnel; students; and other persons while such other persons are on campus property or at a campus function.
- The term "campus property" includes
- Real or personal property in the possession of, or under the control of, the Board of Trustees of The California State University
- All campus feeding, retail, or residence facilities whether operated by a campus or by a campus auxiliary organization.
- The term "deadly weapons" includes, but is not limited to, any instrument or weapon of the kind commonly known as blackjack, sling shot, Billy, sandclub, sandbag, metal knuckles, any dirk, dagger, switch blade knife, pistol, revolver or any other firearm, any knife having a blade longer than five inches, any razor with an unguarded blade, and any metal pipe or bar used or intended to be used as a club.
- The term "behavior" includes conduct and expression.
- The term "hazing" means any method of initiation into a student organization or any pastime or amusement engaged in with regard to such an organization which causes, or is likely to cause, bodily danger or physical or emotional harm to any member of the campus community. The term "hazing" does not include customary athletic events or other similar contests or competitions.
- This section is not adopted pursuant to Education Code, Section 8903l.
- Notwithstanding any amendment or repeal pursuant to the resolution by which any provision of this Article is amended, all acts and omissions occurring prior to that effective date shall be subject to the provisions of this Article in effect immediately prior to such effective date.
The possession or use of explosives, dangerous chemicals, loaded or unloaded firearms (for the purpose of this document the term "unloaded firearms" means no unfired round either in the chamber or attached magazine), and other dangerous weapons are prohibited except under the following condition: the use of explosives, dangerous; chemicals, loaded or unloaded firearms and other dangerous weapons in conjunction with formal classes with the explicit consent of the instructor, the department chair, and college dean. In the case of firearms, the written permission of the Director of University Police or designee is required for each use.
Student conduct shall not disrupt or interfere with the learning process during classes or in designated study areas.
Sexual Assault Policy
Section I.D. is quoted from Executive Memorandum 91-001, Sexual Assault Policy . Modifications to EM 91-001 will automatically be incorporated into this Code. Students wishing more information regarding this policy or its procedures can contact the Coordinator for Student Judicial Affairs.
California State University, Chico endeavors to provide an environment conducive to growth in mind, spirit, and human sensibility. Any form of rape or sexual assault is an act of aggression that may be investigated for possible disciplinary and legal action regardless of whether the incident occurs on or off campus (EM 91-001, Sexual Assault Policy).
Definition of Terms
Sexual assault is any involuntary sexual act in which a person is threatened, coerced, or forced to comply against his or her will regardless of whether the person knows the assailant(s) casually, intimately, or not at all.
The act of sexual assault includes forced sodomy (anal intercourse); forced oral copulation (oral-genital contact); rape by foreign object (forced penetration by a foreign object, including a finger); and sexual battery (the unwanted touching of an intimate part of another person for the purpose of sexual arousal). Force also includes situations where the complainant is prevented from resisting due to alcohol or drugs administered by or with the knowledge of the accused or the complainant otherwise is incapable of giving consent.
For the purposes of this policy, rape is defined by the California Penal Code. The Penal Code prohibits among others the following acts:
- Sexual intercourse against a person's will accomplished by force or threat of bodily injury.
- Sexual intercourse against a person's will where the person has reasonable fear that she (or he) or another will be injured if she (or he) does not submit to the intercourse.
- Sexual intercourse where the person is incapable of giving consent or is prevented from resisting, which includes but is not limited to where the complainant is prevented from resisting due to alcohol or drugs administered by or with the knowledge of the accused.
The possession and consumption of alcoholic beverages on the CSU, Chico campus is generally prohibited as a matter of institutional policy. It may be permitted only at special events and at times and places approved by the Director of University Housing and Food Service. Violation of the alcohol policy will result in disciplinary action. (See Executive Memorandum 89-003, Campus Policy on Alcoholic Beverages and Executive Memorandum 90-038, Emendation to Campus Policy on Alcoholic Beverages.)
Students who commit any of the following acts are subject to arrest and/or university discipline. (Reference: Education Code Sections 67143 and 76234, Penal Code Section 502 (c) (1 thru 8)).
- Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (a) devise or execute any scheme or artifice to defraud, deceive, or extort or (b) wrongfully control or obtain money, property, or data.
- Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.
- Knowingly and without permission uses or causes to be used computer services.
- Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network.
- Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services of an authorized user of a computer, computer system, or computer network.
- Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network.
- Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network.
- Knowingly introduces any computer contaminant into any computer, computer system, or computer network.
See the Coordinator for Student Judicial Affairs for more information concerning the relevant portions of the Education Code and Penal Code.
Fairness and procedural consistency are necessary in the enforcement of all university rules and regulations. The formality of the procedure and the sanctions which are applied may vary with the gravity of the offense.
When a student is apprehended for a violation of any law of the community, the state, or the nation, the University ordinarily will not request special consideration for the student based on the student's status as a member of the university community.
Conduct which violates Sections 4l30l and 4l302 of Title 5, California Code of Regulations, may also violate provisions of the criminal law of the state. In such cases, it is necessary for the University to proceed with disciplinary action despite the fact that criminal prosecution still may be pending in court. The imposition of university disciplinary action is independent of any action which may be taken in the criminal court and may, in fact, occur prior to the criminal court's action.
All policies, regulations, and rules pertaining to student conduct with the university community shall be in writing and shall be published and made accessible to all members of the university community.
Nothing in this Code shall be construed to abridge the authority of the President of the University, the Vice President for Student Affairs, and other presidential designees to apply immediate remedies in the event of university disruption or disturbance of the ongoing business and educational mission of the University. (Reference: Section 4l302, Title 5, California Code of Regulations Section 660l7, Education Code, and Section 626.4, Penal Code)
As allowed by Executive Order 628, Article III, 1, the President has determined that attorneys may not be used in any part of the student disciplinary proceedings on this campus. As stipulated in Article III, exclusion of attorneys from these proceedings does not prohibit California State University, Chico or a student charged with a violation of the Student Code from consulting an attorney, nor does it prohibit a Hearing Officer from being an attorney
During periods of campus emergency as determined by the University President, the President may place into immediate effect any emergency regulation or procedure deemed necessary to meet the emergency, safeguard persons and property, and maintain the University's educational activities.
- The President may order the immediate suspension of any student for an interim. Further clarification can be found in Attachment I.
- Immediate suspension will be coupled with a withdrawal of consent to remain on campus, pursuant to Penal Code, Section 626.4, whenever it is determined that there is reasonable cause to believe that the person has willfully disrupted the orderly operation of the campus or university facility and that the presence of this person on campus will constitute a substantial and material threat to such orderly operation.
The coordinators of university student discipline as defined by Executive Order 628, Article II, Section 3, are the Coordinator for Student Judicial Affairs and the Judicial Coordinator for Residential Life. Henceforth, these positions are referred to as Coordinators.
- Expulsion - This results in permanent termination of student status without possibility of readmission. Permanent notation of this action is recorded on the transcript and the student is barred from the CSU, Chico campus. Special conditions deemed appropriate by the Coordinator for Student Judicial Affairs may be added.
- Suspension - Exclusion from classes and other privileges or activities is imposed for a specified period. Notation of this action is recorded on the transcript, and the student is barred from the CSU, Chico campus. Notation of the incident requiring this disciplinary action will be included in the student's confidential file in the Office of the Vice President for Student Affairs. Special conditions deemed appropriate by the Coordinator for Student Judicial Affairs may be added.
- Disciplinary Probation - Actions to include at least the following:
- A written notation reading "Disciplinary Probation" shall be entered on the student's academic transcript.
- A copy of the letter explaining the details of the student's probationary status shall be filed in the Office of the Vice President for Student Affairs.
- The student shall not be allowed to hold office in any university-recognized organization.
- The student shall not represent the University in any official capacity.
- The disciplinary probation shall be for a specified period.
- The conditions of probation shall be appropriate for the individual student and the incident in question.
- Any infraction of rules as provided in this Code during the period of disciplinary probation may be grounds for suspension or expulsion.
- Upon petition by the student, after expiration of the specified period of disciplinary probation, the Coordinator shall recommend to the President that the notation reading "Disciplinary Probation" be stricken from the student's academic transcript.
- Special conditions deemed appropriate by the Coordinator for Student Judicial Affairs.
- Financial Restitution - This shall be made voluntarily to the University, Associated Students, or any other aggrieved party.
- Formal Written Reprimand - A temporary record shall be kept on file in the Office of the Vice President for Student Affairs for a specified period while the student is in attendance at the University. This may include conditions deemed appropriate by the Coordinator.
- Oral Reprimand - This is an oral statement to the accused student by the Coordinators, Hall Directors, Area Coordinators, or Resident Managers.
A student has the right to request a hearing on any sanction imposed under Executive Order 628. The procedures outlined in Executive Order 628 will be used.
UNIVERSITY RESIDENCE HALLS
Authority and Jurisdiction
The President of the University, under Executive Order 628 and the Code of Student Rights and Responsibilities, has the authority to delegate the manner in which discipline will be conducted in University Housing.
For the purpose of disciplinary procedures in University Housing, three categories of people are identified: (1) residents, (2) nonresident students, and (3) nonstudents. This section is applicable to residents. Nonresident students will be referred to the Coordinator for Student Judicial Affairs. Nonstudents will be referred to the University Police Department.
In addition to being subject to the provisions of the Code of Student Rights and Responsibilities, activities within University Housing are also subject to the Housing License Agreement and to policies and guidelines published annually by University Housing and Food Service in handbooks received by all residents at the time of move-in. (Reference: Title 5, California Code of Regulations Section 41301, subsection 1)
Judicial Coordinator for Residential Life
The President will designate the Judicial Coordinator for Residential Life to be the Coordinator of University Student Discipline for students residing in University Housing.
Procedures for processing complaints which arise from alleged violations in University Housing are as follows:
- Incident Report - This report shall be submitted to the Residence Hall Director, Area Coordinator, or Resident Manager and should include an account of events which describes what happened, who was involved (i.e. , the accused, the complainant, witnesses and bystanders), any evidence seen or obtained, and any other pertinent information. This report is completed for all cases referred for discipline.
- Disposition -
- The Residence Hall Director determines: To resolve the incident informally, To refer the incident to the Judicial Coordinator for Residential Life for formal resolution.
- The Judicial Coordinator for Residential Life determines: To resolve the incident formally under procedures and guidelines specified in Executive Order 628 and this Code.
- Notification of the Student Charged - Students will receive notice of the Incident Report being received and will be requested to make an appointment to see the Hall Director or the Judicial Coordinator for Residential Life within five days of receiving the notice.
Hall Directors, Area Coordinators, or Resident Managers will use the following information responses in the resolution of incidents:
- Oral Reprimand with confirming letter
- Referral to another appropriate resource (i.e. , Counseling, Health Center, Advising, CADEC (Campus Alcohol and Drug Education Center), etc.)
The Judicial Coordinator for Residential Life will use the following formal responses in the resolution of incidents:
- Formal Written Reprimand
- Disciplinary Probation
- Suspension or Expulsion
- Termination of the Housing License Agreement
- Voluntary actions by the student charged including but not limited to work assignments, service to a campus, obtaining psychological counseling, or compensation for loss, damage, or injury.
A formal summary or reported violations and sanctions shall be submitted by the Residence Hall Directors to the Judicial Coordinator for Residential Life on a monthly basis. The Judicial Coordinator will summarize these reports for the Coordinator for Residential Life and the Director of University Housing and Food Service.
EXECUTIVE ORDER NO. 628
Student disciplinary actions shall be conducted pursuant to the provisions of the Chancellor's Executive Order 628. In case of conflict between the Code of Student Rights and Responsibilities and Executive Order 628, the latter shall govern. In the event questions arise concerning the meaning of student disciplinary provisions in this Code of Student Rights and Responsibilities, The Chancellor's Executive Order 628 should be consulted. No portion of this Code should be implied to supersede or delimit the authority of the Executive Order No. 628 or any subsequent revisions to Executive Order 628.
EXECUTIVE ORDER NO. 628
Student Disciplinary Procedures for The California State University
September 30, 1994
ARTICLE I: AUTHORITY AND PURPOSE
These procedures are established pursuant to Section 41304 of Title 5 of the California Code of Regulations. They govern determinations under Article 2, Subchapter 4, Chapter 1, Division 5 of that Code and other state and federal laws which require institutional hearing.
ARTICLE II: DEFINITIONS
The term "campus" means a campus of the California State University.
The term "campus official" includes any person employed by a campus, performing assigned administrative or professional responsibilities.
The term "Coordinator of University Student Discipline" means a campus official or officials assigned by the President to be in charge of the administration of these procedures and to perform the duties prescribed in these procedures.
The term "hearing officer" means a person or persons appointed by the President to determine whether a student has violated the Student Code and to recommend imposition of sanctions.
The term "may" is used in the permissive sense.
The term "President" refers to the Chief Executive Officer of a campus or that person's designee.
The term "shall" is used in the mandatory sense.
The term "student" means any person taking courses at a campus, both full-time and part-time, including summer session, special session and Extended Education.
The term "Student Code" is defined as the causes of discipline listed in Section 41301 of Title 5 of the California Code of Regulations.
The term "working day" shall mean any day during the academic year, summer session and special session other than a Saturday, Sunday, academic holiday of a campus as that term is used in Section 42800 of Title 5 of the California Code of Regulations.
ARTICLE III: DUTIES OF PRESIDENT
Use of Attorneys
The President shall determine whether attorneys may be used in any or all parts of these proceedings. The inclusion or exclusion of attorneys from any or all parts of these proceedings shall apply equally to the campus and the student charged. Exclusion of attorneys from any or all parts of these proceedings does not prohibit the campus or the student charged from consulting an attorney, nor does it prohibit the hearing officer from being an attorney.
Assign Coordinator of University Student Discipline
The President shall assign a campus official or officials to be the Coordinator of University Student Discipline.
Appoint Hearing Officers
The President shall appoint one or more persons to serve as Hearings Officers. Hearing Officers may be campus officials, attorneys who are admitted to practice law in California or administrative law judges from the Office of Administrative Hearings. Subordinates of the Coordinator of University Student Discipline and any person who is a percipient witness of the events giving rise to a particular case are ineligible to serve as a Hearing Officer on that case.
The President shall have the responsibility of making the final decision regarding disciplinary action after reviewing a Hearing Officer's written report.
Notification of Decision
The President shall cause notice of his or her decision to be sent to the student charged as provided in Section 6.b of Article IX.
Delegation of Duties
The duties of the President may be delegated to individual designees who are campus officials.
ARTICLE IV: DUTIES OF COORDINATOR OF UNIVERSITY STUDENT DISCIPLINE
The Coordinator of University Student Discipline shall serve at the pleasure of the President.
Decision to Initiate Disciplinary Action
The Coordinator of University Student Discipline shall make the decision as to whether disciplinary action shall be taken.
Scheduling of Hearings
The Coordinator of University Student Discipline shall make the physical and scheduling of arrangements for hearings held under these procedures.
The Coordinator of University Student Discipline shall represent the campus in all hearings.
Notification to Victims of Sexual Assault or Physical Abuse
The Coordinator of University Student Discipline shall notify alleged victims of sexual assault or physical abuse of the results of any disciplinary action taken within three (3) working days following that disciplinary action. (Education Code Section 67143)
Notification to Victims of Violence
The Coordinator of University Student Discipline may notify alleged victims of a crime of violence of the results of any disciplinary action taken. The term "crime of violence" means (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. (Section 1232g (b)(6) of Title 20 of the United States Code)
ARTICLE V: PROHIBITED CONDUCT
Conduct -- Rules and Regulations
Any student found to have violated the Student Code is subject to the disciplinary sanctions in Article VI.
Violation of Law and Campus Discipline
At the campus's discretion, disciplinary proceedings may be instituted against a student charged with a violation of law which is also a violation of the Student Code, for example, if both violations result from the same factual situation, without regard to the tendency of civil litigation in court or criminal arrest and prosecution. Proceedings under these procedures may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus. (Goldberg vs. Regents of the University of California (1967) 248 Cal.App.2d 867))
ARTICLE VI: SANCTIONS
The following sanctions may be imposed upon any student found to have violated the Student Code:
- Probation: A period of time during which the privilege of continuing in student status is conditional. The conditions may include, but are not limited to, loss of specified privileges which a current student would otherwise be entitled to and an acknowledgement by the student that any additional violations of the Student Code will result in a more serious sanction.
- Suspension: Separation of the student from student status from the campus for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
- Expulsion: Permanent separation of the student from student status from the campus.
More than one of the sanctions listed above may be imposed for any single violation.
Denial of Access
After a hearing, any suspension or expulsion based on conduct which disrupted the orderly operation of a campus or other facility and which also violates a provision of a California statute may include denial of access to the campus or facility as a condition of such suspension or expulsion for the period of the suspension or in the case of expulsion for a period not to exceed one year. (Penal Code Section 626.2) A student who wilfully and knowingly enters the campus or facility during the period for which access has been denied is guilty of a misdemeanor pursuant to Penal Code Section 626.2. In the case of a suspension, such entry may be grounds for further disciplinary action.
Denial of Admission or Readmission
Admission or readmission may be qualified or denied to any student found to have violated the Student Code. (Section 41303 of Title 5 of the California Code of Regulations.
Imposition of a sanction or sanctions or the denial or qualification of admission or readmission means that the student is not considered to be in good standing for admission purposes at any institution of the California State University during the term of the sanction. (Section 40601(g) of Title 5 of the California Code of Regulations)
Record of Discipline
Probation and suspension shall be made part of the student's academic record during the term of the probation or suspension. Expulsion shall be made part of the student's permanent academic record.
ARTICLE VII: INTERIM SUSPENSION
The President may immediately impose an interim suspension where there is reasonable cause to believe that it is required to protect the safety or property and to ensure the maintenance of order. (Section 41032 of Title 5 of the California Code of Regulations)
A student placed on interim suspension shall be given prompt notice of the charges and the opportunity for a hearing with ten (10) working days of the imposition of the suspension. (Section 41302 of Title 5 of the California Code of Regulations) The hearing shall be held pursuant to the provisions of Article IX of these procedures.
Denial of Presence on Campus
During the period of the interim suspension, the student shall not, without prior written permission of the President, enter any campus of the California State University other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion. (Section 41302 of Title 5 of the California Code of Regulations)
If requested timely by the student, a hearing will be held to determine whether continued suspension pending a disciplinary hearing is required to protect personal safety or property and to ensure the maintenance of order. This hearing may also serve as a disciplinary hearing in accordance with the procedures outlined in Article IX, provided proper notification has been given as delineated in Article IX, Section 3.
ARTICLE VIII: CONDUCT BY APPLICANTS
Admission or readmission may be qualified or denied to any person who, while not enrolled as a student, commits acts which, were he or she enrolled as a student, would be the basis for disciplinary proceedings pursuant to Article V or Article VII of these procedures. Qualified admission or denial of admission in such case shall be determined by a hearing held pursuant to Article IX of these procedures. (Section 41302 of Title 5 of the California Code of Regulations)
ARTICLE IX: PROCEEDINGS
A complaint alleging that a student has violated the Student Code shall be directed to the Coordinator of University Student Discipline. Any complaint should be submitted as soon as possible after the event takes place.
A complaint is not necessary for the Coordinator to determine that charges should be initiated.
The Coordinator shall investigate each complaint filed and determine whether or not charges should be brought.
Except when the student refuses to cooperate, the Coordinator shall hold a conference with the student to obtain his or her response to the alleged misconduct and to determine whether the allegations of misconduct have merit and if they may be disposed of informally by mutual consent of the student charged and the Coordinator. The student may have another person present to observe and consult with. If the campus has elected to exclude attorneys from this part of the proceedings, the Coordinator holding the conference shall not be an attorney. In addition to the sanctions listed in Article VI, an agreement reached during this conference may include voluntary actions by the student charged including but not limited to work assignments, service to a campus, obtaining physical psychological counseling or compensation for loss, damage or injury.
Notice of Hearing
If the allegations of misconduct have not been resolved by conference as provided in Section 2 of this Article and the Coordinator of University Student Discipline determines that formal disciplinary action should be taken, the Coordinator of University Student Discipline shall initiate the disciplinary action process by a written Notice of Hearing served in person or served by certified mail return receipt requested to the student charged at the last known address on campus records.
The Notice of Hearing shall include the following:
- A statement of the specific subdivisions of the Student Code which the student is being charged with violating.
- A factual description of the conduct upon which the charges are based.
- A recommended sanction and notification that the hearing officer is not bound by the recommended sanction and may impose a more severe sanction than recommended by the campus.
- The date, time and place of the hearing.
- The office at the campus where additional information regarding the evidence may be obtained.
- Notification that the student may be accompanied at the hearing by an advisor of his or her choice, who may act on his or her behalf. Such notification must state whether the advisor may be an attorney. If the student's advisor may be an attorney, notification that the student must inform the Coordinator of University Student Discipline of the name and address of the student's attorney at least five (5) days prior to the hearing.
- Notification that the student charged may elect to waive his or her right to hearing by accepting the recommended sanction.
- Such information as notice of an immediate suspension and/or withdrawal of consent to remain on campus where such action is appropriate.
- A copy of these procedures or notification of where the student may obtain a copy without charge. If consent to remain on campus has been withdrawn from the student at the time the Notice of Hearing is sent, a copy of these procedures shall be enclosed with the Notice.
The Notice of Hearing shall be served on the student at least ten (10) working days prior to the hearing. If all parties agree, the ten day period may be waived.
The charges stated in the Notice of Hearing may be amended at any time. If the amendment would require the student to prepare a defense which is different from that required by the prior Notice of Hearing, any hearing which has been scheduled shall upon request be postponed for a reasonable time. If the charges are amended after a hearing has commenced, the Hearing Officer may postpone the hearing for a reasonable period of time.
All hearings held under these procedures shall be conducted according to the following:
- Hearings shall be closed to all persons other than the person conducting the hearing, the student charged, the Coordinator of University Student Discipline, a single advisor for the student charged, a single advisor for the the Coordinator of University Student Discipline, the person designated to record the hearing and witnesses while they are testifying.
- The student may be accompanied by one advisor of his or her own choice, who may act on his or her behalf. If the campus has elected to exclude attorneys from this part of the proceedings, the advisor may not be an attorney.
- The Coordinator of University Student Discipline representing the campus may be accompanied by one advisor of his or her choice. If the campus has elected to exclude attorneys from this part of the proceedings, neither the Coordinator representing the campus at the hearing or the Coordinator's advisor may not be an attorney.
- The campus and the student charged shall have the opportunity of presenting witnesses, subject to the right of cross examination as well as questioning by the Hearing Officer. If the student charged elects to testify, he or she shall be subject to cross examination and questioning by the Hearing Officer.
- The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. No evidence other than that received at the hearing shall be considered by the Hearing Officer.
- The Hearing Officer shall make all rulings on matters relating to the conduct of the hearing, including matters regarding admission of evidence. Any evidence deemed relevant by the Hearing Officer shall be admitted. Unduly repetitious evidence shall be excluded.
- A tape recording shall be kept of the hearing. The student charged may, at his or her own expense, request a copy of such recording. No tape recording by the student charged or other persons at the hearing shall be permitted. However, the student charged may, at his or her own expense, furnish a certified court reporter provided that the campus shall be permitted to make copies of the transcript at its own expense.
- The student charged shall not be found to have violated the Student Code solely because he or she fails to appear at the hearing. If the student charged does not appear, the hearing shall proceed without him or her and a decision shall be rendered on the evidence presented.
- Arguments by the student charged or his or her advisor concerning the legal (as distinguished from factual) applicability, or legal validity of any provision with which the student is charged, or of these procedures shall not be addressed to the Hearing Officer, but to the President in writing within three (3) working days following the conclusion of the hearing. The President shall seek advice on the matter from the Office of General Counsel. Such advice shall be considered by the President before a final decision is rendered.
- Where the person testifying is an alleged victim of sexual or physical assault which is the basis for the disciplinary action, that person may be accompanied at the hearing by another person. The other person is not permitted to speak or to participate directly in the hearing. Cross examination of the alleged victim shall be limited to the alleged incident leading to the charge and the events surrounding the charge.
- The Hearing Officer is responsible for maintaining order, and may establish such rules as are necessary or appropriate to conducting a fair hearing. The Hearing Officer shall not permit any person to be subjected to abusive treatment. The Hearing Officer may eject or exclude anyone who refuses to be orderly.
Where more than one student is charged with conduct arising out of a single occurrence or out of connected multiple occurrences, if the Coordinator of University Student Discipline and the students charged consent, a single hearing may be held for all of the students so charged. Students may request that their case be consolidated with others, or separated from others. The Coordinator of University Student Discipline shall make determinations regarding consolidation. All such determinations shall be subject to revision by the Hearing Officer. In the event of such a revision, all cases affected shall be rescheduled for hearing. The separation of one or more cases from a group of cases previously set for a consolidated hearing shall not be considered to affect the remaining cases in the group.
At any time during the hearing process, the student charged may elect to waive the hearing and accept a sanction recommended by the Coordinator of University Student Discipline. The waiver and acceptance of the recommended sanction shall be in writing.
Recommendation of the Hearing Officer
After the hearing, the Hearing Officer shall make findings of fact and conclusions about whether the facts demonstrate a violation of the Student Code with which the student is charged. The Hearing Officer's determination shall be made on the basis of whether it is more likely than not that the student charged violated the Student Code (i.e. , by a preponderance of the evidence).
After having made its determination, the Hearing Officer shall submit a written report to the President which includes a determination as to whether the student charged violated the Student Code and the Hearing Officer's recommended sanction, if any. The Hearing Officer's report shall be submitted to the President within ten (10) working days of the conclusion of the hearing.
After reviewing the Hearing Officer's report, the President shall make the final decision regarding disciplinary action. The President may impose the sanction recommended, adopted a lesser sanction, refer the matter back to the Hearing Officer for further findings on specified issues or after reviewing the entire record may adopt a more severe sanction. If the President decides to adopt a more severe sanction, the President shall articulate the reasons for the more severe sanction in his or her decision. The President normally shall render a decision within five (5) working days of receipt of the Hearing Officer's report.
The President shall cause notification of his or her decision to be delivered to the student charged. The notification shall be delivered in person or sent by certified mail return receipt requested to the student charged. Notices addressed to the student at the last known address on campus records and deposited in the United States mail, postage prepaid, shall be presumed to have been received by the student. The report of the Hearing Officer shall be made available to the student charged upon request.