DIVISION 015
STUDENT CONDUCT REGULATIONS
576-015-0005
Purpose
(1) The goal of Oregon State University is to provide students with a general education so they will acquire knowledge, skill and wisdom to deal with and contribute to contemporary society in constructive ways, policies, procedures, and regulations are formulated to guarantee each student's freedom to learn and to protect the fundamental rights of others. The assumption upon which these regulations are based is that all persons must treat all persons with dignity and respect in order for scholarship to thrive.
(2) In addition to the regulations set forth below, students must follow the academic and professional standards of the academic units.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
576-015-0010
Definitions
(1) "An Individual Violation" is a violation of University policy and regulations committed by an individual student acting alone or in concert with other individual(s) independent of a group or organization or its activities and events.
(2) "An Organization Violation" is a violation of University policy and regulations committed by a University recognized student organization. Reports of violations by organizations will be referred to the Student Activities Committee or to the appropriate living group judicial body in accordance with the rules and procedures set forth in their bylaws. A University recognized student organization is any group of students living or acting together, electing officers, and/or assessing dues or fees for their mutual benefit and which has applied for and received recognition from the Student Involvement office.
(3) "An Academic Department Group Violation" is a violation of University policy and regulations committed by any group of students officially affiliated with an academic unit or department because of common interest and mutual benefit. Academic department student groups may or may not be University recognized student organizations. Academic group violations by a University recognized student organization are handled in accordance with section (2) of this rule. Academic group violations by non-recognized groups are handled by the dean or director of the unit to which the group is most closely affiliated according to the academic grievance and appeals procedures set forth in OAR 576-022-0005 and following.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
576-015-0015
Offenses Proscribed by the State Board of Higher Education
The University may initiate disciplinary action and impose sanctions against any student, officially recognized student organization, or academic department group which commits any of the following acts proscribed by the State Board of Higher Education:
(1) Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other institutional activities, including the institution's public service functions or other authorized activities on institutionally-owned or controlled property.
(2) Obstruction or disruption interfering with freedom of movement, either pedestrian or vehicular, on institutionally-owned or controlled property.
(3) Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on institutionally-owned or controlled property, in contravention of law or institutional rules.
(4) Detention or physical abuse of any person or conduct intended to threaten imminent bodily harm or endanger the health of any person on any institutionally-owned or controlled property.
(5) Malicious damage, misuse or theft of institutional property, or the property of any other person where such property is located on institutionally-owned or controlled property, or, regardless of location is in the care, custody, or control of an institution.
(6) Refusal by any person while on institutional property to comply with an order of the President or appropriate authorized official to leave such premises because of conduct proscribed by this rule when such conduct constitutes a danger to personal safety, property or educational, or other appropriate institutional activities on such premises.
(7) Unauthorized entry to or use of institutional facilities, including buildings and grounds.
(8) Illegal use, possession, or distribution of drugs or illegal substances on institutionally-owned or controlled property.
(9) Inciting others to engage in any of the conduct or to perform any of the acts prohibited herein. Inciting means that advocacy of proscribed conduct which calls on the person or persons addressed for imminent action, and is coupled with a reasonable apprehension of imminent danger to the functions and purposes of the institution, including the safety of persons, and the protection of its property.
(10) Violating the State Board of Higher Education's Policy on Intercollegiate Athletics as described in Section 8 of its Internal Management Directives, specifically including the subsection thereof entitled Code of Ethics.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
576-015-0020
Offenses Proscribed by the University
The University may initiate disciplinary action and impose sanctions against any student, University recognized student organization, or academic department group which commits any of the following proscribed acts:
(1) Academic dishonesty:
(a) Academic dishonesty is defined as an intentional act of deception in which a student seeks to claim credit for the work or effort of another person or uses unauthorized materials or fabricated information in any academic work;
(b) It includes "cheating" (intentional use or attempted use of unauthorized materials, information, or study aid), "fabrication" (intentional falsification or invention of any information), "assisting in dishonesty" (intentionally or knowingly helping or attempting to help another commit an act of dishonesty), "tampering" (altering or interfering with evaluation instruments and documents), and "plagiarism" (intentionally or knowingly representing the words or ideas of another person as one's own);
(c) Academic dishonesty cases are handled initially by the academic units, but will also be referred to the Student Conduct Coordinator for action under these rules.
(2) Hazing, harassing, or threatening actions which intentionally subject another person to offensive physical contact, physical injury or property damage, or which specifically and intentionally insult another person in his or her immediate presence with words or gestures when a reasonable person would expect that such an act or actions would provoke a violent response. (These actions, when based on race, color, national origin, religion, age, disability, marital status, sex, or sexual orientation are among the forms of prohibited behavior – See General University Policy on Discriminatory Conduct.)
(3) Rape, sexual assault, or unwanted sexual contact of any kind, or threat of such contact, are prohibited as is any physical abuse (see OAR 576-015-0015(4). Sexual contact shall be considered "unwanted" or without consent if no clear consent is freely given; if inflicted through force, threat of force, or coercion; or if inflicted upon a person who is unconscious or otherwise without the physical or mental capacity to consent. If sexual contact is inflicted on someone who is intoxicated or impaired in the exercise of their judgment by alcohol or drugs, it may be considered without consent.
(4) Possession or consumption of alcohol beverages by persons under 21 years of age, or furnishing of alcoholic beverages to persons under 21 years, on University owned or controlled property or at University sponsored or supervised activities. Individuals of legal drinking age in recognized student housing may possess and consume alcoholic beverages only in their private rooms, and dispensing devices such as kegs and taps, and large containers such as "party balls," are not permitted. Use of alcohol in any other campus location is prohibited unless specifically authorized in OAR 576-060-0010, which governs the conditions under which alcoholic beverages may be consumed in areas other than housing units on the University campus. Regulations concerning use of alcoholic beverages by students in University housing units and by recognized student organizations off campus are detailed in the Student Life Policy and Regulations section "Scheduling Social, Recreational, or Educational Events."
(5) Smoking in unauthorized areas in violation of OAR 576-040-0010.
(6) Falsification or misuse of any University information, including records, permits, documents, computer resources, identification cards, etc.; or the furnishing of false or misleading information to the University or its representative; or refusal to provide one's name, class, school, and local address when requested by a University official, provided the official is identified and indicates legitimate reason for the request.
(7) Bringing an animal onto University owned or controlled property in violation of OAR 576-045-0020.
(8) Inciting others to engage in any of these prohibited behaviors, as defined in OAR 576-015-0015(9).
(9) Violation of any federal or state law or city or local ordinance or University rule.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Jurisdiction
The provisions of OAR 576-015-0015 and 576-015-0020 apply to all students and activities on University owned or controlled property; during any University-sponsored activity or the activity of a University-sponsored or recognized organization, regardless of location; or when the behavior poses a clear threat to any persons or to property on campus. "Activities" include, but are not limited to field trips, athletic events and fraternity house parties. Examples of behaviors which pose a clear threat may include, but are not limited to, physical or sexual assault, rape, sexual harassment, stalking or illegal weapons use.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Sanctions
Students whose behavior violates any of the student conduct regulations in OAR 576-015-0015 or 576-015-0020 are subject to one or more of the following:
(1) Warning: Official notice to a student that his or her conduct or actions are in violation of the student conduct regulations. The continuation of such conduct or actions may result in further disciplinary action.
(2) Required Educational Activities: Mandatory participation in educational activities or programs of community service.
(3) Restitution: Reimbursement by dollar amount, by transfer of property, or by provision of services to the University or a member of the University community in accordance with the nature of the violation and in an amount not in excess of actual expenses, damages, or losses incurred.
(4) Restrictions: Removal from a living group, or from the use of specific University facilities, or denial of the use of a vehicle on campus, or other restrictions consistent with the violation committed.
(5) Disciplinary Probation: Placement on probationary status during which there is observation and review of behavior and the student must demonstrate compliance with the student conduct regulations. A student on probation is not in "good standing" with the University. Terms of the probation will be determined at the time the probation is imposed and may include loss of privileges, restitution, and/or required educational activities.
(6) Disciplinary Suspension:
(a) Deferred Suspension: Placement on deferred suspension status during which there is observation and review of behavior. If the student is found to further violate University regulations during this period then the student is suspended without further hearings. Deferred suspension may be for a period of one term up to and including the remainder of a student's enrollment at the University;
(b) Suspension:
(A) Exclusion from the University for a specific period of time. Suspended students are denied the privileges and services provided to currently enrolled students, including residing in University-owned or recognized student housing, attending class, or using other University services or facilities. Suspension is generally for one year; however, the period of suspension may be specified for any period;
(B) The conditions of suspension take effect immediately after the student has been informed of the decision. If an appeal is filed, the imposition of the suspension will be delayed until the conclusion of the appeal process. However, if a pending disciplinary hearing or appeal may result in suspension, as determined by the Student Conduct Program, awarding of the academic degree sought will be postponed pending the outcome of the disciplinary hearing.
(7) Expulsion: Permanent Suspension (see section (6) of this rule).
(8) Degree Revocation.
(9) Students whose behavior violates OAR 576-015-0020(1) (academic dishonesty) are subject to additional academic sanctions, including failing the course, removal from an academic department, and removal from a college, that may be imposed by the instructor, department chair or dean in accordance with Academic Regulation 15, available in the Schedule of Classes.
[Publications: The publication(s) referenced in this rule is available from the agency.]
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
576-015-0035
Readmission After Suspension
A student suspended for misconduct and wishing to return to the University after the suspension period must notify the Student Conduct Coordinator in writing. The notification should include a description of the student's activities since the suspension went into effect. If the Student Conduct Coordinator certifies that the terms of suspension have been met, the student may apply for readmission through the regular process.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Record
(1) All sanctions include the creation of a disciplinary record. Sanctions at the level of probation and above place the student outside of "good standing" with the University for their duration. Multiple sanctions may be imposed where appropriate.
(2) Suspension or expulsion will be noted in a student's general academic record within the Registrar's Office by means of a disciplinary action form which indicates the reason for the suspension. Such information is retained indefinitely and released for a period of five years after the effective date by the Student Conduct Program to officials who have a need to know, including officials at other schools to which the student seeks to enroll. The suspended student may include in the record an explanation for the action taken by the University.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Notice
(1) Upon receiving a complaint or report that a student may have violated student conduct regulations, the Student Conduct Coordinator will notify the student in writing of the alleged violation(s). The notice will include a copy of the rule said to have been violated and a description of the acts or omissions alleged to have been in violation of the rule.
(2) If the Student Conduct Coordinator determines the alleged violation may result in suspension or expulsion, the notice described in subsection (1) will set a time and place for a Student Conduct Committee hearing. The time between the student's receipt of the notice and the hearing date must be at least 72 hours. The Student Conduct Coordinator will notify the student that he or she may waive the hearing before the Student Conduct Committee and elect to have the case heard by the Student Conduct Coordinator or designee.
(3) If there is an allegation of academic dishonesty as defined in OAR 576-015-0020(1), the Student Conduct Coordinator will determine whether or not conduct proceedings are appropriate. If there is a record of a previous incident of academic dishonesty, the Student Conduct Coordinator will send written notice to the student of a Student Conduct Committee hearing, as described in subsections (1) and (2) of this rule, and OAR 576-015-0050.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
576-015-0045
Determination by the Student Conduct Coordinator
(1) If the student elects to have the case heard by the Student Conduct Coordinator or designee, the student will be given an opportunity to explain the behavior and will be informed of the evidence against the student. The student may bring any third party advisor of the student's choice to any meetings so long as the availability of the advisor does not hamper the timeliness of the hearing. The student will be expected to speak for him or herself at all times.
(2) If the student fails to meet with the Student Conduct Coordinator or designee, the Student Conduct Coordinator may take disciplinary action in the student's absence.
(3) The accused student will be informed orally or in writing of the Student Conduct Coordinator's decision and the student's right to appeal to the Vice Provost for Student Affairs, pursuant to OAR 576-015-0060.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
576-015-0050
Student Conduct Committee Hearing
(1) The Student Conduct Committee consists of five faculty and five students appointed by the Vice Provost for Student Affairs and the Associated Students of Oregon State University, respectively. The bylaws of the Student Conduct Committee are available from the Vice Provost for Student Affairs or the Student Conduct Program.
(2) All hearings are closed and information presented in them and all supporting documents are confidential. The hearing is informal and does not follow administrative contested case or courtroom procedures.
(3) If the student has been properly notified and fails to appear, the Student Conduct Committee may proceed with the hearing and disciplinary action may be taken.
(4) During the hearing, the accused student may be accompanied by an advisor of the student's choice. The advisor may be a faculty or staff member, fellow student, parent, or any person of the student's choice so long as the availability of the advisor does not hamper the timeliness of the hearing. The student may choose to have an attorney serve as advisor; however, the advisor does not represent the student in a student conduct hearing and the student will be expected to speak for him or herself at all times.
(5) During the hearing, the student has the opportunity to offer information and testimony on his or her own behalf. The student also has the opportunity to review and respond to all information, statements, or evidence presented.
(6) The chairperson of the Student Conduct Committee, or designee, will decide any questions or objections to hearing procedures that are raised during the hearing.
(7) Members of the Committee may ask questions of any person present during the hearing and the chairperson will invite questions and comments from the accused student and the victim-claimant if present. The chairperson may also invite questions or comments from advisors or others present. If the chairperson decides an essential person or piece of information is missing, the chairperson may decide to reconvene the hearing at the earliest practical time that the missing information will be available.
(8) After the chairperson has determined that all necessary information has been presented and questions answered, the Committee will go into executive session and all other persons will be excused. The Committee will determine, based on a preponderance of the evidence, whether or not it believes the accused student is responsible for a violation of the regulations and, if so, the Committee will reconvene with the accused student and a representative of the Student Conduct Program to consider what sanctions may be appropriate. The accused student may waive his right to be present. The Committee may consider:
(a) Evidence of any mitigating circumstances presented by the student; and
(b) Other relevant information, including but not limited to, evidence of prior violations of the Student Conduct Code presented by a representative of the Student Conduct Program;
(9) The Committee will again go into executive session to make a decision about appropriate sanctions. The Committee's decision will be in the form of a recommendation to the Student Conduct Coordinator. The time between the conclusion of the hearing and the delivery of the recommendation to the Student Conduct Coordinator shall be no more than three days, excluding weekends and holidays.
(10) In cases of academic dishonesty or the reported misbehavior of an academic department student organization, the Committee shall make a recommendation within three days to the Associate Vice Provost for Academic Affairs, or designee, who shall make the decision. The accused student will be sent a letter describing the decision and any University expectations or actions taken.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
576-015-0055
Hearing Officer(s) Contingency
If the President or designee believes it is necessary in order to schedule a timely hearing or because of a potential conflict of interest that might affect the ability of the Student Conduct Committee to conduct a fair hearing, the President or Vice Provost for Student Affairs may appoint a hearing officer or officers to act in place of the Student Conduct Committee. The hearing officer(s) may be a faculty member or a professional from outside the University. The hearing officer(s) shall hear the case in accordance with these rules and shall recommend to the Student Conduct Coordinator appropriate action in each case.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
576-015-0056
Emergency Action
(1) The Student Conduct Coordinator or designee may take emergency action when immediately necessary to secure the health or safety of other persons or the student against whom the action is taken (the accused student) and there is an alleged violation of the Student Conduct Code.
(2) Emergency Action includes, but is not limited to:
(a) Immediate withdrawal from the University;
(b) Restriction on the accused student's presence on University property and/or at University events.
(3) At the time that the emergency action takes place, the Student Conduct Coordinator or designee shall:
(a) Inform the accused student of the reason for the emergency action;
(b) Give the accused student the opportunity to explain why an emergency action need not be taken;
(c) Inform the accused student that a preliminary hearing will take place according to Section 4, and that the accused student will be informed of its time, place, and date; and
(4) The preliminary hearing shall take place within two business days of the emergency action. At this hearing the accused student shall have a full opportunity to demonstrate to the Student Conduct Coordinator that none of the conditions specified in Section (1) apply. As with other proceedings, the accused student may be accompanied by an advisor, but must speak for him or herself at all times.
(5) Based on the reasonable evaluation of the evidence presented at the preliminary hearing, the Student Conduct Coordinator shall notify the accused student within 24 hours of the decision to:
(a) Dissolve the emergency action and take no further action;
(b) Dissolve the emergency action but proceed to a full hearing regarding the accused student's behavior as prescribed in the Student Conduct Code; or
(c) Sustain the emergency action until such time as a formal hearing regarding the accused student's conduct may be held, but not to exceed two weeks.
(6) Formal hearings subsequent to an emergency action shall occur no later than ten days after the preliminary hearing, and shall be administered pursuant to OAR 576-015-0050 to 576-015-0055.
(7) If the Student Conduct Committee or a hearings officer recommends that the restriction on the accused student's housing or enrollment be removed, the student will not be assessed fees for reinstatement.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
576-015-0057
Notice of Decision and Rights of Victim
(1) The University will make an effort to consider the rights and needs of the victim, if there is one, in decisions related to restitution or other sanctions.
(2) If any sanction beyond an informal warning is imposed, after a disciplinary proceeding, the accused student will be given or sent a letter confirming the decision and University expectations.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Disciplinary Appeals
(1) Appeals from the decision of the Student Conduct Coordinator shall be made to the Vice Provost for Student Affairs whose decision is final.
(2) Appeals must be in writing and filed with the Vice Provost for Student Affairs within 15 calendar days following the date the action is taken.
(3) The request for an appeal must include specific justification, including: errors, failure to consider all of the evidence presented, or any other action, including any new evidence not known at the time of the original hearing, which denied the student a fair hearing.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Effective July 14, 2006
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