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__________________________________________
July 8, 1996
EXECUTIVE
MEMORANDUM
96-38
__________________________________________
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To:
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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
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From:
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Manuel A. Esteban, President
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Subject:
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Executive Memorandum 96-38: Revisions to Code of
Student Rights and Responsibilities
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Revisions to Code of Student Rights and Responsibilities
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 96-38, effective
immediately.
Code of Student Rights and Responsibilities
TABLE OF CONTENTS
Introduction
- Statement of Student Rights
- Right of Access to Higher
Education
- Rights in the Classroom
- Right to Freedom from Sexual Harassment
- Right to Freedom from Discrimination
- Right to Privacy and to Inspect Public
Records
- Right to Freedom of Association,
Expression, Advocacy, and Publication
- Right to Contribute to University
Governance and Curriculum
- Right to Accommodation for Individuals
With Disabilities
- Student Responsibilities
- Causes for Student Disciplinary
Action
- Possession or Use of Explosives,
Dangerous Chemicals, and Dangerous Weapons
- Student Conduct in the Classroom
- Sexual Assault Policy
- Alcohol Policy
- Computer-Related Crimes
- Sanctions
- University Residence Halls
- Executive Order No. 628
ATTACHMENT #1 Executive Order No. 628
APPENDIX #1 Discipline Process Flow Chart
CODE OF STUDENT RIGHTS AND
RESPONSIBILITIES
California State University, Chico
Introduction
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 Student 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 94-22). 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 92-13, 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.
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Students have the right to expect freedom from sexual
harassment. (Reference: Chancellor's Executive Order No. 345
and Executive Memorandum 94-41, Policy on Sexual
Harassment). Students wishing more information regarding
these policies or their procedures can contact the Coordinator
for Student Judicial Affairs.
The remainder of Section I.C. is quoted from EM 94-41. Modifications to EM 94-41 will automatically be incorporated
into this Code.
POLICY
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; and
- provide appropriate individuals with the results of such
investigations.
DEFINITION
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 95-22, Non-discrimination Policy and
Procedures. Modifications to EM 95-22 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 94-41, Policy on Sexual
Harassment. )
- Purpose
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.
In addition to voicing their positions on issues, members
of student organizations have a responsibility to respect
the rights of individuals who do not desire to affiliate or
sympathize with those positions.
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 86-12, 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
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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 94-47, Policy and Procedures for Accommodating
Individuals with Disabilities. Modifications to EM 94-47
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.
- Student Responsibilities
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 are
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 and
- 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 91-01,
Sexual Assault Policy . Modifications to EM 91-01 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 91-01, 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.
- Alcohol Policy
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 89-03, Campus Policy on Alcoholic Beverages
and Executive Memorandum 90-38, Emendation to Campus
Policy on Alcoholic Beverages. )
See the Coordinator for Student Judicial Affairs for more
information concerning the complete policy and procedures
articulated in EM 89-03 and EM 90-38.
- Computer-Related Crimes
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.
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- Sanctions
- General Policies
- 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.
- Specific Sanctions
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. 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.
- Sanctions.
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 ChancellorÕs 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 ChancellorÕs 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.
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ATTACHMENT #1
EXECUTIVE ORDER NO. 628
Student Disciplinary Procedures
for
The California State University
September 30, 1994
TABLE OF CONTENTS
ARTICLE I: AUTHORITY AND PURPOSE
ARTICLE II: DEFINITIONS
Sec. 1 Campus
Sec. 2 Campus Official
Sec. 3 Coordinator of University Student Discipline
Sec. 4 Hearing Officer
Sec. 5 May
Sec. 6 President
Sec. 7 Shall
Sec. 8 Student
Sec. 9 Student Code
Sec. 10 Working Day
ARTICLE III: DUTIES OF PRESIDENT
Sec. 1 Use of Attorneys
Sec. 2 Assign Coordinator of University Student Discipline
Sec. 3 Appoint Hearing Officers
Sec. 4 Final Decision
Sec. 5 Notification of Decision
Sec. 6 Delegation of Duties
ARTICLE IV: DUTIES OF COORDINATOR OF UNIVERSITY
STUDENT DISCIPLINE
Sec. 1 Appointment
Sec. 2 Decision to Initiate Disciplinary Action
Sec. 3 Scheduling of Hearings
Sec. 4 Campus Representative
Sec. 5 Notification to Victims of Sexual Assault or Physical
Abuse
Sec. 6 Notification to Victims of Crimes of Violence
ARTICLE V: PROHIBITED CONDUCT
Sec. 1 Conduct -- Rules and Regulations
Sec. 2 Violation of Law and University Discipline
ARTICLE VI: SANCTIONS
Sec. 1.a Probation
Sec. 1.b Suspension
Sec. 1.c Expulsion
Sec. 2 Multiple Sanctions
Sec. 3 Denial of Access
Sec. 4 Denial of Admission or Readmission
Sec. 5 Good Standing
Sec. 6 Record of Discipline
ARTICLE VII: INTERIM SUSPENSION
Sec. 1 Grounds
Sec. 2 Notification
Sec. 3 Denial of Presence on Campus
Sec. 4 Hearing
ARTICLE VIII: CONDUCT BY APPLICANTS FOR
ADMISSION
ARTICLE IX: PROCEEDINGS
Sec. 1 Investigation
Sec. 2 Conference
Sec. 3 Notice of Hearing
Sec. 4 Hearing
Sec. 5 Recommendation of Hearing Officer
Sec. 6 Presidential Action
ARTICLE I: AUTHORITY AND PURPOSE
These procedures are established pursuant to Section 41304 of
Title 5 of the California Code of Regulations. They goern
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 personÕs 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.
- Final Decision
The President shall have the responsibility of making the final
decision regarding discplinary action after reviewing a Hearing
OfficerÕs 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.
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ARTICLE IV: DUTIES OF COORDINATOR OF
UNIVERSITY STUDENT DISCIPLINE
- Appointment
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.
- Campus Representative
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 pendency 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.
- Multiple Sanctions
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.
- Good Standing
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
studentÕs academic record during the term of the probation
or suspension. Expulsion shall be made part of the
studentÕs permanent academic record.
ARTICLE VII: INTERIM SUSPENSION
- Grounds
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)
- Notification
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 Rgulations)
- Hearing
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
- Investigation
- 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.
- Conference
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.
- Hearing
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- 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
CoordinatorÕs 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 espense.
- 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 OfficerÕs 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.
- Presidential Action
- 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.
APPENDIX #1
DISCIPLINE PROCESS FLOW CHART
(Described by E.O. 628)
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