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OREGON UNIVERSITY SYSTEM,
WESTERN OREGON UNIVERSITY

 

DIVISION 31

CODE OF STUDENT RESPONSIBILITY

574-031-0000

Introduction

(1) Western Oregon University has a fundamental interest in the education and conduct of its Students. The academic, social, and personal development of a Student through the Student’s University experience involves a fusion of the learning process with the development of a coherent and consistent system of ethics, as well as adherence to standards of behavior created and accepted by the University community.

(2) All Members of the University community have a responsibility to maintain a level of behavior that reflects favorably upon the person and the University. The University requires that all Students be responsible for their own conduct. The University expects Students who live on and off Campus to abide by local, state, and federal laws as well as University policies, procedures, and regulations, including this Code.

(3) The Code will be applied impartially and without regard to age, disability, ethnic background, gender, race, religious or political affiliation, sexual or gender orientation.

(4) The application of the standards within this Code applies to individuals, clubs, educational activity groups, other student groups, and any individual student who is registered for one or more credit hours, including on-line courses, is enrolled in a special non-credit program approved by the University, or who has been accepted for admission, housing, financial aid, or any other service or benefit provided by the University which requires student status.

(5) This Code was adopted on September 1, 2012, became effective September 1, 2012 and supersedes all other previous conduct codes.

Stat. Auth.: ORS 351.070 & 351.072
Stats. Implemented: ORS 351.070 & 351.072
Hist.: WOSC 3-1982, f. & ef. 10-20-82; WOSC 3-1989, f. 9-5-89, cert. ef. 9-17-89; WOSC 4-1993, f. & cert. ef. 10-21-93; WOSC 2-1996, f. & cert. ef. 11-12-96; Renumbered from 574-030-0046; WOU 3-2001, f. 8-28-01, cert. ef. 8-31-01; WOU 2-2003, f. & cert. ef. 8-1-03; WOU 2-2005, f. & cert. ef. 8-4-05; WOU 2-2009, f. & cert. ef. 7-29-09; WOU 2-2012, f. & cert. ef. 7-31-12

574-031-0010

Definitions

As used in OAR Chapter 574, Divisions 31 and 32, the following terms have the following definitions.

(1) The term "Adjudication" or “Adjudicated” or “Adjudicative” means a method of resolving allegations of Student misconduct which employs a fact-finding, impartial adjudicator to render a binding decision in the matter.

(2) The terms "Administration or Staff Person" mean any person who holds a current non-academic appointment or classified position at the University.

(3) The term "Advisor" means any person who has elected to advise a Charged Student, Witness, or a Complainant within a student conduct hearing.

(4) The term "Appeals Body" means any person or group charged with hearing appeals through this Code (e.g., the Vice President for Student Affairs).

(5) The term "Business Visitor" means any person on the University's property who has a legitimate interest or focus of business with the University, and who is not a Member of the University Community.

(6) The term "Campus" means any property owned, used or controlled by the University.

(7) The term "Charged Student" means any Student charged with a violation of this Code.

(8) The term "Code" means this Code of Student Responsibility.

(9) The term "Committee" means the University Student Conduct Committee.

(10) The term "Complainant" means any person whether a Member of the University Community or not, who has filed a complaint of alleged misconduct with Public Safety or with the Campus Student Conduct Program concerning a Student.

(11) The term "Dean of Students" means the person designated by the Vice President for Student Affairs as the administrator of the University's Campus Student Conduct Program.

(12) The term "Disputant" means any person who uses Mediation within the Campus Student Conduct Program to resolve a conflict with another party or parties.

(13) The term "Faculty" means any person who holds a current academic appointment at the University.

(14) The term "Mediation" means a method of dispute resolution in which Disputants utilize an impartial third party to assist the Disputants to mutually resolve their conflict. Mediation is not available for allegations involving sexual harassment or misconduct.

(15) The term "Member of the University Community" means any Student, Faculty, Administration or Staff Person at the University.

(16) The term “Office of Student Conduct” means the office that administers the University Student Conduct System and includes the Dean of Students, Student Conduct Coordinator, Student Conduct Assistant and other designees.

(17) The term "Preponderance of the Evidence" means that based on the information that is presented, the Charged Student has more likely than not, engaged in the charged misconduct.

(18) The term “Recognized Student Organization” means a club, educational activity group or other Student group that has complied with the requirements for University recognition.

(19) The term “Staff” means any person who holds a classified or unclassified appointment at the University.

(20) The term "Student" means a person who is enrolled at Western Oregon University or any person meeting the description in 574-031-0000(4).

(21) The term "Student in Violation" means any Student found to be in violation of the Code through the Campus Student Conduct Program.

(22) The term “Survivor” means any person not charged with a violation of the Code who reports being sexually violated or harassed by a Student.

(23) The term "University" means Western Oregon University, WOU, or any part or division within Western Oregon University.

(24) The term "University Sponsored On- or Off-Campus Event" means any event in which at least one of the following applies:

(a) The University plans the event;

(b) The University pays all, or a part of, the cost of the event;

(c) The University sponsors the event;

(d) The University contributes any type of University owned or leased resources or equipment to the event;

(e) A University Student, Faculty, or Administrative or Staff person represents the University at the event;

(f) The event occurs within a University owned or leased property, or upon or within University owned or leased property, including any type of state vehicle; or

(g) The event occurs during the time frame specified on an approved sponsorship form (i.e. registration of event form, travel form, etc).

(25) The term "Victim" means any person not charged with a violation of the Code who has been harmed by the behavior of a Student in Violation. When referring to situations in which a Charged Student has not been found in violation of the Code, this person is referred to as an alleged Victim.

(26) The term "Visitor/Guest" means a non-student or person not affiliated in any official way with Western Oregon University.

(27) The term "Witness" means any person who has information which pertains to a case of alleged Student misconduct.

(28) The term “Working Day” means a day that the University is in session.

Stat. Auth.: ORS 351.070 & 351.072
Stats. Implemented: ORS 351.070 & 351.072
Hist.: WOSC 2-1996, f. & cert. ef. 11-12-96; WOU 3-2001, f. 8-28-01, cert. ef. 8-31-01; WOU 2-2003, f. & cert. ef. 8-1-03; WOU 2-2005, f. & cert. ef. 8-4-05; WOU 2-2012, f. & cert. ef. 7-31-12

Standards of Conduct

574-031-0020

Jurisdiction

(1) The regulations contained in the Code will apply to all matters affecting the University, including, but not limited to, events occurring during the time the University is in session, events occurring between academic terms, at University Sponsored On- and Off-Campus Events, and any illegal behavior on or off the Campus by WOU Students. Misconduct by non-students (Business Visitors, Visitors/Guests) whether on-Campus or at a University Sponsored On- or Off Campus Event may result in a trespass from Campus or any future WOU event.

(2) Allegations of Student misconduct may be Adjudicated within the University's administrative Campus Student Conduct Program as well as within any off-campus criminal justice system regardless of whether the alleged behavior occurred on- or off-Campus. Adjudication of allegations of Student misconduct will occur expediently and sometimes before or concurrently with adjudication within an off-campus system of justice. Determinations made or sanctions imposed under this Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

Stat. Auth.: ORS 351.070 & 351.072
Stats. Implemented: ORS 351.070 & 351.072
Hist.: WOSC 3-1982, f. & ef. 10-20-82; WOSC 3-1989, f. 9-5-89, cert. ef. 9-17-89; WOSC 4-1993, f. & cert. ef. 10-21-93; WOSC 2-1996, f. & cert. ef. 11-12-96; Renumbered from 574-030-0047; WOU 3-2001, f. 8-28-01, cert. ef. 8-31-01; WOU 2-2003, f. & cert. ef. 8-1-03; WOU 2-2005, f. & cert. ef. 8-4-05; WOU 2-2012, f. & cert. ef. 7-31-12

574-031-0030

Specific Standards and Policies

The following list of prohibited forms of conduct is not all inclusive since it is not possible to list all potential violations. The University requires that all Students behave in a manner congruent with established community standards and in a manner conducive to the development of the individual. Actions detrimental to the mission of the University and the legitimate activities of the academic community which constitute the University are in violation of this Code and may be subject to Adjudication.Adjudication may be initiated by the University and educational or punitive sanctions may be assigned to any Student or Recognized Student Organization found participating in, attempting to participate in, or assisting others in participating in any of the following prohibited forms of conduct:

(1) Academic Misconduct. Acts of academic misconduct which includes but is not limited to:

(a) Cheating — intentional use, or attempted use of artifice, deception, fraud, or misrepresentation in completing, submitting, or recording one's academic work;

(b) Fabrication — unauthorized falsification or invention of any information or citation in any academic exercise;

(c) Facilitating dishonesty — helping or attempting to help another person commit an act of academic misconduct. This includes Students who substitute for other persons in examinations, fake other person’s attendance, or allow another person to copy work or represent as the Student’s own papers, reports, or any other academic work the work of others;

(d) Plagiarism — representing without giving credit the words, data, or ideas of another person as one's own work in any academic exercise. This includes submitting, in whole or in part, prewritten term papers of another or the research of another, including but not limited to the product of commercial vendors who sell or distribute such materials, and the appropriation or use of electronic data of another person or persons as one's own, or using such data without giving proper credit for it;

(e) Any use or attempted use of electronic devices in gaining an illegal advantage in academic work in which the use of these devices is prohibited. Such devices include but are not limited to cell phones, smart phones, Personal Digital Assistants, electronic tablets, laptops, programmable calculators, USB flash drives or other removable memory devices, etc.; or

(f) Engaging in any behavior specifically prohibited by a Faculty or Staff member in the course syllabus or class discussion.

(2) Alcohol.

(a) Possession, consumption, distribution, or sale of alcoholic beverages on University owned or controlled property with the exception of approved events that follow the President’s policy on use of alcohol at WOU functions.

(b) Possession, consumption, sale, or distribution of alcoholic beverages during the official portion of a University Sponsored On- or Off-Campus Event as defined by the Faculty or Staff advisor.

(3) Computer/Network Resources Misuse. Use of Campus computers or network resources that includes, but is not limited to:

(a) Unauthorized access to programs;

(b) Alteration of computer records or data;

(c) Theft or other abuse of computer time or overloading computing resources;

(d) Violation of copyright laws;

(e) Using a computer account not issued directly to the Student;

(f) Sending or posting threatening or harassing statements as described in 574-031-003-08;

(g) Any violation of the Acceptable Use of Computing Resources Policy; or

(h) Unauthorized transfer of a file.

(4) Controlled Substances.

(a) Possession, consumption, manufacture, distribution, or sale of illegal drugs or any other controlled substance on- or off- University owned or controlled property.

(b) Possession, consumption, sale, or distribution of illegal drugs during the official portion of a University Sponsored On- or Off-Campus Event as defined by the Faculty or Staff advisor.

(5) Disorderly Conduct.

(a) Disorderly, lewd, indecent, or any other form of conduct which interferes with but is not limited to:

(A) The academic program of the University;

(B) The health and safety of self or others;

(C) The security of University owned or controlled property;

(D) The conduct of non-classroom activities (e.g. lectures, concerts, athletic events, and social functions);

(E) The functions of the University; or

(F) Any other University activity or University sponsored activity or event.

(b) Unreasonable noise or conduct that results in unreasonable annoyance (i.e. yelling while walking through Campus or a community neighborhood at 2am).

(c) Any unauthorized use of electronics or other devices to make an audio or video record of any person while on the Campus without the person’s prior knowledge or without the person’s effective consent when the recording is likely to cause injury or distress.

(6) Failure to Comply.

(a) Refusal to comply with a reasonable request of law enforcement or other authorities.

(b) Refusal while on University owned or controlled property, or at University Sponsored On- or Off-Campus Events, to comply with reasonable requests or directions from authorized University officials, including public safety officers, residence hall staff, Faculty, Administration or Staff person.

(7) Fire and Life Safety.

(a) Tampering with fire safety equipment, generating a false alarm, or engaging in behavior that constitutes a fire or safety hazard.

(b) Failure to evacuate a University building after a fire alarm has sounded or other notice to evacuate has been given by a person authorized to give such notice.

(8) Harassment, Discrimination, Bullying or Stalking Behavior. Harassment, which includes but is not limited to:

(a) Physical contact with or physical interference with a person which:

(A) Is objectively offensive;

(B) Causes pain;

(C) Prevents or disrupts the person from any lawful chosen activity;

(D) Puts the person in fear for safety; or

(E) Causes damage to person or property.

(b) Conduct without physical contact or physical interference with a person, including but not limited to harassing, bullying or threatening behavior, including verbal communication, which is intended to and has the effect of:

(A) Substantially disrupting another person's lawful activity;

(B) Causing another person to be subject to unwelcome or offensive physical contact;

(C) Causing personal injury or property damage or risk of personal injury or property damage;

(D) Causing another person to be subject to unwelcome and objectively unreasonable interference with mental and emotional health;

(E) Putting the person in fear for safety; or

(F) Harassing or bullying another person based on their actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion.

(c) Repeatedly contacting another person when:

(A) The contacting person knows or should know that the contact is unwanted by the contacted person; and

(B) The contact causes the contacted person reasonable apprehension of imminent physical harm or the contacting person knows or should know that the contact causes the contacted person mental anguish or distress or substantial impairment of the contacted person's ability to perform the activities of daily life. As used in this context, "contacting" includes but is not limited to communicating with or remaining in the physical presence of the contacted person.

(d) Stalking another person which includes but is not limited to:

(A) Following or lying in wait for the Victim, the Victim’s relatives, friends or pets;

(B) Repeated unwanted, intrusive and frightening contact from the perpetrator by phone, mail, electronically or otherwise;

(C) Damaging the Victim’s property;

(D) Making indirect or direct threats to harm the Victim, the Victim’s relatives, friends or pets;

(E) Repeatedly sending the Victim unwanted gifts;

(F) Harassment through the internet, known as “cyberstalking,” “online stalking,” or “internet stalking”; or

(G) Securing and accumulating personal information about the Victim by accessing public records, using internet search devices, hiring private investigators, contacting friends, family, work, or neighbors, going through the Victim’s garbage, etc.

It is a defense to any charge of harassment if the alleged harassing conduct is not objectively unreasonable.

(9) Hazing. Hazing is defined as any initiation rite for the purpose of admission into, affiliation with, or as a condition for continued membership in a group or organization. The act of hazing, whether on- or off- Campus, involves any intentional action or situation that a reasonable person would foresee as causing mental or physical discomfort, embarrassment, or ridicule; or which destroys or removes public or private property. Activities and situations that may occur as part of hazing include, but are not limited to:

(a) Physical abuse, pain, harm, or risk;

(b) Mental anguish, fear or anxiety;

(c) Required performance of activities (e.g., pranks, servitude, physical contests);

(d) Compelled ingestion of any substance;

(e) Any form of confinement or restraint; or

(f) Other activities which violate federal, state or local laws. It is not a defense to a charge of hazing if the Victim(s) of the hazing acknowledges or implies consent, or acquiesces to the hazing.

(10) Inciting or Provoking Others.

(a) Inciting others to engage in any University prohibited forms of conduct. Inciting means the advocacy of proscribed conduct which calls upon the person or persons addressed for imminent actions, and is coupled with a reasonable apprehension of imminent danger to the functions and purposes of the University, including the safety of its Students, Faculty, Administration or Staff Person, and the protection of its property.

(b) Specifically insulting another person in that person’s immediate presence with abusive words or gestures in a manner intended and likely to provoke a disorderly or violent response, whether or not it actually does.

(11) Interference or Contempt of Adjudicative Proceedings. Includes but is not limited to:

(a) Conduct that interrupts the due course of proceedings in the presence of any hearing body created under this Code;

(b) Violating the confidentiality of Adjudication proceedings administered under this Code;

(c) Knowingly giving false information at a hearing or knowingly giving false information in a statement to be used as evidence at a hearing, or knowingly giving false information to a Campus hearing officer;

(d) Failure by a Witness to appear at a conduct hearing when requested to do so by a representative of the Campus Student Conduct Program;

(e) Knowingly and falsely initiating the Adjudication process, for instance, by filing a false complaint or report;

(f) Influencing or attempting to influence the impartiality of a member of a Campus Student Conduct hearing committee or a hearing officer or a Witness;

(g) Harassment of a member of a Campus Student Conduct hearing committee or hearing officer prior to, during, or after an Adjudication; or

(h) Failure to comply with the terms of any sanction imposed in accordance with the Code or mandated by the University Housing Student Conduct Board.

(12) Misrepresentation of Matters of Fact.

(a) Knowingly furnishing false information to an authorized University official who is making an inquiry to carry out official University business;

(b) Representing oneself as another person, including a University official, with or without that person's permission to gain a benefit improperly;

(c) Altering, forging, improperly possessing, creating, distributing, or lending to another person a University identification card or instrument of identification unless authorized by the University or an authorized University official;

(d) Intentionally furnishing false academic information or concealing previous academic information in University application materials, assisting someone else in furnishing false information to the University, or using University documents for fraudulent purposes;

(e) Providing forged, false or improper documents to the University; or

(f) Recognized Student Organizations representing themselves or an individual in the group representing themselves as acting for or on behalf of the University in any commercial enterprise or in the solicitation or collection of funds for any purpose whatsoever without approval in advance by the appropriate University official or agency. This applies to all means of communication (e.g., verbal, written, electronic).

(13) Obstruction, Disruption or Interference.

(a) Obstruction or disruption of teaching, research, administration, Adjudication procedures, or other University activities, including the University's public service functions, other authorized activities, or University Sponsored On- or Off-Campus Events.

(b) Disruption of Campus activities or the functions of the University.

(c) Obstruction or disruption which interferes with the freedom of movement, either pedestrian or vehicular, on University owned or controlled property.

(14) Publications and Media. Publication, posting, or distribution on University property, or at authorized University activities, of material that violates copyright laws, postal regulations, University policies or rules, or any other law or statute.

(15) Sexual Misconduct.

(a) Sexual Misconduct is non-consensual sexual contact of any kind, the attempt to have non-consensual sexual contact or the threat of such contact. Sexual contact shall be considered non-consensual if no clear consent is freely given.

(A) Sexual contact includes but is not limited to touching of the genitalia, anus, buttocks, breast

or mouth, as well as, any contact for the purpose of sexual gratification.

(B) Sexual behavior includes but is not limited to any action, short of sexual contact, done for the purposes of sexual gratification, and may include but is not limited to voyeurism, exposing, masturbation, frottage, and audio/video recording.

(C) Force includes but is not limited to physical force, violence, abuse, threat of force (direct or implied), intimidation, extortion, harassment, coercion, fraud, duress or pressure.

(D) Sexual exploitation occurs when a person takes non-consensual, unjust or abusive advantage of another in a sexual or intimate context, for their own advantage or benefit, or to the benefit or advantage of anyone other than the one being exploited, and that behavior does not otherwise constitute non-consensual sexual misconduct. Sexual exploitation includes permitting or facilitating non-consensual viewing, taking of photographs, videotaping, or audio taping of sexual or intimate activity, knowingly infecting another person with HIV or any sexually transmitted infection, inducing incapacitation of another person with the intent to facilitate sexual misconduct against that person, or compelling prostitution.

(b) Sexual Harassment, whether or not it be by direct physical attack as defined below. Sexual harassment includes, but is not limited to, sexual advances, requests or suggestions to engage in sexual conduct, and other physical and expressive behavior of a sexual nature when:

(A) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education;

(B) Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; or

(C) Such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or creates an intimidating or hostile employment, educational, or living environment.

(c) The following definitions will apply to sexual misconduct:

(A) Non-consensual is the absence of shared sexual permission Shared sexual permission is clear, voluntary, non-coerced and clearly indicates a willingness to participate in sexual contact/behavior, whether through affirmative verbal response or non-verbal communication unmistakable in meaning and given by an adult (age 18 or older). Shared sexual permission to one form of sexual contact/behavior does not operate as permission to any other form of sexual contact/behavior or reoccurrence of the same form of sexual contact/behavior.

(B) Incapacitation is a mental or physical condition that renders a person unable to grant consent. Incapacitation may be a state or condition resulting from the use of alcohol or other drugs, lack of sleep, sleep, and unconsciousness. Incapacitation may also be the result of a cognitive impairment, such as a developmental disability, brain injury, or mental illness.

(16) Threatening or Abusive Behavior.

(a) Detention of any person.

(b) Conduct which threatens imminent bodily harm or endangers the physical or emotional health of any person or oneself.

(c) Physical or emotional abuse of any person.

(17) Vandalism/Theft/Unauthorized Use of Property.

(a) Malicious damage, misuse, or theft of University property, or the property of any person where such property is located on University owned or controlled property, or, regardless of location, is in the care, custody or control of the University.

(b) Theft of property or services, or knowingly possessing or using stolen property or services including, but not limited to, furniture, equipment, University publications or any other form of media, and any other University owned property or services.

(c) Unauthorized entry to or use of University facilities, including buildings and grounds (including, but not limited to, non-residential Students gaining access to overnight accommodations in University Housing without permission; Students accessing the Health and Wellness Center without proper identification or payment, etc).

(d) Failure by a person causing accidental damage to or removal of property to report to appropriate University Staff or the individual owner within a reasonable period of time following the accidental damage to or removal of University or personal property.

(18) Violation of Policies, Standards and Laws.

(a) Violation of published University policies, rules, or regulations.

(b) Violation of residence hall rules and procedures as listed in official residence hall publications.

(c) Violation of Oregon University System Higher Education policies.

(d) Violation of federal, state, or local law.

(e) Violation of motor vehicle rules and regulations, or other policies adopted by the University or the State Board of Higher Education pertaining to the use of motor vehicles.

(19) Dangerous Weapons and Destructive Chemical or Incendiary Devices. Possession or use of fireworks, explosives, dangerous chemicals, or other weapons or dangerous instruments on University owned or controlled property.

Stat. Auth.: ORS 351.070 & 351.072
Stats. Implemented: ORS 351.070 & 351.072
Hist.: WOSC 3-1982, f. & ef. 10-20-82; WOSC 3-1989, f. 9-5-89, cert. ef. 9-17-89; WOSC 4-1993, f. & cert. ef. 10-21-93; WOSC 2-1996, f. & cert. ef. 11-12-96; Renumbered from 574-030-0048; WOU 3-2001, f. 8-28-01, cert. ef. 8-31-01; WOU 2-2003, f. & cert. ef. 8-1-03; WOU 2-2005, f. & cert. ef. 8-4-05; WOU 2-2009, f. & cert. ef. 7-29-09; WOU 2-2012, f. & cert. ef. 7-31-12

574-031-0040

Sanctions

The following order of sanctions implies neither degree of severity nor appropriateness of the sanction to the number of violations. Multiple sanctions may be assigned. Students will be responsible for any applicable costs for carrying out sanctions. The sanctions that may be assigned include, but are not limited to:

(1) Alcohol/Drug Assessments: A Student may be assigned to complete an alcohol or drug evaluation and to follow the recommendations of the alcohol/drug counselor for treatment or education.

(2) Community Service: The Student or Recognized Student Organization must perform a designated number of hours in service.

(3) Counseling: A Student may be assigned to participate in a counseling intake session and to follow the recommendations of the intake counselor for further counseling sessions.

(4) Deferred Sanction: The execution of any sanction authorized under this Code may be deferred. When deferring a sanction the following will apply:

(a) Assignment of a time limit for the deferred period;

(b) Notice given that subsequent violations of the Code or failure to comply with an existing sanction will terminate the deferment and result in automatic imposition of the original sanction. In the absence of such violation(s), the original sanction will be deemed completed at the end of the deferred period;

(c) The Dean of Students, Student Conduct Coordinator or other hearing officer will hear allegations of a Student's misconduct during the period of the Student’s deferred sanction within five Working Days after receipt of the allegations of the Student’s misconduct. The original sanction will take effect at the time the Dean of Students, Student Conduct Coordinator or other hearing officer receives notice of the allegations pending this hearing. The Dean of Students, Student Conduct Coordinator or other hearing officer may render a decision in the absence of the Charged Student. The original sanction will remain in effect unless the allegations are not upheld; and

(d) A Student found in violation of the Code during the Student’s period of a deferred sanction may appeal the finding through this Code's normal appeal process. The sanction will remain in effect until resolution of the appeal.

(5) Degree Revocation: The University may revoke a degree if a former Student is found to have engaged in academic dishonesty in courses taken leading to the degree, or if the Student is found to have engaged in actions that if known at the time the degree was awarded would have made the Student unqualified for the degree.

(6) Disciplinary Probation: The Student or Recognized Student Organization is placed on a probationary status, with or without loss of designated privileges, which may include the following: restriction on an individual's participation in co-curricular activities, receiving recognition through awards, and eligibility for scholarships. Probation is a serious warning. Probation occurs for a specific period of time or prior to completion of certain specific activities. Violation of probation can result in more severe sanctions for future violations of the Code.

(7) Expulsion: The Student or Student Organization is permanently excluded from the University and may not enjoy academic privileges, participate in any University recognized function, or be allowed to reside in any University residence hall or building.

(8) Interim Sanction for Emergency Reasons: The Vice President for Student Affairs, the Dean of Students, Student Conduct Coordinator, or their designee can invoke an interim, pre-hearing sanction when it is deemed necessary for the health or safety of the Student, other Students, or University Administration or Staff or Faculty. In such instances where a Student is assigned an interim sanction, the Student will receive a hearing within ten Working Days. Only when it is not possible to schedule necessary Witnesses or obtain information significant to the case will the hearing be held more than ten Working Days after assignment of the interim sanction. Interim sanctions include but are not limited to the following:

(a) Expulsion;

(b) Suspension;

(c) No Contact Order;

(d) Removal from Residence Halls; or

(e) Holding Records.

(9) Loss of Privileges: The Student or Recognized Student Organization is denied specific privileges normally associated with Student or group status, such as participation in recognized activities, recognition by the University, use of University facilities or services, or living in University owned student residences.

(10) Mediation: When charges of theft, vandalism, harassment, assault, or other harmful treatment are upheld through the Adjudication process, the Student may be assigned to participate in Mediation with the Victim. Mediation is not provided as an option for allegations involving sexual misconduct or sexual harassment.

(11) Negative Notation on Transcript: There may be an entry of information onto the Student's permanent academic record regarding the Student’s violation of the Code. The entry may be permanent or for a specific period and must be noted as such on the transcript. After the expiration of the period of time specified, the notation will be removed upon written request by the Student to the Office of Student Conduct.

(12) No Contact Order: The Student may not knowingly interact with another Student or Member of the University Community specified by the sanctioning person or body. The restriction prohibits the restrained Student from purposefully interacting with the protected person, over the phone, over any electronic source (including email, text messaging, social networks or any other electronic source), in person, and through the mail. Unless specifically stated otherwise in the sanction, the restriction does not prohibit the restrained Student from unintentionally, or out of necessity, being in the same building or vicinity as the protected Student (e.g., eating in the Dining Hall, attending the same class). The sanctioning person or body will determine the time limit for this sanction.

(13) Placement of Judicial Hold on Student account: A Judicial Hold prohibits the Student from registering for classes, sending and receiving transcripts and conducting most forms of business with the University. Holds are intended to be used with a time limit determined by the Dean of Students, Student Conduct Coordinator, or other designee except in the case of expulsion when the Judicial Hold will be placed with no date of termination.

(14) Restitution: The Student or Recognized Student Organization must replace, restore, or pay for damaged, stolen, or misappropriated property.

(15) Revocation of Admission to the University: The University may revoke admission to the University if a Student is found to have provided false or deceptive information on an admission application or other materials for admission (e.g. transcript from another university).

(16) Suspension: The Student or Student Organization is excluded from the University for a specific period and during that period may not enjoy academic privileges, participate in any University recognized function or group, or be allowed to reside in any University residence hall or building. If it is a Student Organization, the group may not function as a recognized group for a specific period of time that can include conditions that must be met prior to reinstatement.

(17) Suspension of Student Status for Medical or Mental Health Reasons Pending Hearing Procedures: When evidence is received from an appropriate health professional which indicates that a Student has a medical or mental health condition which creates a serious and imminent threat to a Member of the University Community, to the Student, or to the educational processes of the University, the Vice President for Student Affairs will review that evidence and may suspend the Student immediately pending a hearing. The hearing must occur within two-three Working Days. The Student may be required to submit to psychological or physical assessment and to authorize release of such records to the Vice President for Student Affairs or other appropriate University officials in order to be re-enrolled in the University.

(18) Warning: The Student or Recognized Student Organization is given written or verbal warning that the behavior violated specified University regulations or policies and is advised that further violations may result in the assigning of more severe sanctions.

(19) Other Sanctions as assigned that are deemed appropriate to the educational/developmental nature of this Code and the Student(s) involved. Failure by a Student to complete the sanctions imposed can result in further Adjudication and sanctions being assigned to the Student. Appeals of sanctions can be made through the appeal process (see OAR 574-032-0120).

Stat. Auth.: ORS 351.070 & 351.072
Stats. Implemented: ORS 351.070 & 351.072
Hist.: WOSC 3-1982, f. & ef. 10-20-82; WOSC 3-1989, f. 9-5-89, cert. ef. 9-17-89; WOSC 4-1993, f. & cert. ef. 10-21-93; WOSC 2-1996, f. & cert. ef. 11-12-96; Renumbered from 574-030-0049; WOU 3-2001, f. 8-28-01, cert. ef. 8-31-01; WOU 2-2003, f. & cert. ef. 8-1-03; WOU 2-2005, f. & cert. ef. 8-4-05; WOU 2-2009, f. & cert. ef. 7-29-09; WOU 2-2012, f. & cert. ef. 7-31-12

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