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OREGON UNIVERSITY SYSTEM, EASTERN OREGON UNIVERSITY

 

DIVISION 40

STUDENT CODE OF CONDUCT

 

 

579-040-0005

Student Code of Conduct

(1) Eastern Oregon University (EOU) is dedicated to a campus culture that upholds the highest standards of individual, interpersonal and academic excellence. The college experience involves a fusion of the learning process with the development of positive attitudes and standards of behavior. In keeping with EOU’s values, any sanctions imposed are for the purposes of reaffirming the standards of the University community, educating students and student organizations about the seriousness of their action(s), promoting civility and positive growth, while maintaining the safety and integrity of the University community.

(2) The Student Code of Conduct applies to all on and off campus students. This Code applies to individual students and student organizations. In addition to growing intellectually and academically, students and student organizations are expected to uphold appropriate standards of behavior, form attitudes of scholarship, take personal responsibility, and respect the rights and privileges of others.

(3) Conduct occurs in the context of a community of scholars dedicated to personal and academic excellence. Joining this community obligates each member to observe the principles of:

(a) Exemplifying personal and academic integrity;

(b) Respecting the dignity, rights and property of all persons;

(c) Opposing bigotry and prejudice by striving to be open to differences, ideas, and opinions, and encouraging community support of these differences;

(d) Demonstrating concern for others, their safety and need for conditions that support their work and development; and

(e) Refraining from and discouraging behaviors that threaten the freedom and respect every individual deserves.

(4) Definitions:

(a) The term "University" means Eastern Oregon University.

(b) For the purposes of the Student Code of Conduct, the term "student" includes all persons taking courses at the University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies. Persons who withdraw after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with the University, or who have been notified of their acceptance for admission are also considered "students."

(c) The term "faculty" means any person hired by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty.

(d) The term "University official" includes any person employed by the University, performing assigned administrative or professional responsibilities.

(e) The term "member of the University community" includes any person who is a student, faculty member, University official or any other person employed by the University. A person's status in a particular situation shall be determined by the Senior Hearings Officer.

(f) The term "University premises" includes all land, buildings, facilities, and other property in the possession of owned, used, or controlled by the University.

(g) The term "organization" means any number of persons who have complied with the formal requirements for University recognition or registration.

(h) The term "Campus Hearings Officer" means any person or persons authorized by the Senior Hearings Officer to determine whether a student has violated the Student Code of Conduct and to implement sanctions when a violation is determined to have been committed.

(i) The term "Senior Hearings Officer" is that person designated by the University President to be responsible for the administration of the Student Code of Conduct.

(j) The term "Student Conduct Program Administrator" means a University official authorized by the Senior Hearings Officer to insure procedural fairness for all accused students, is responsible for scheduling conduct hearings and/or establishing records.

(k) The term “Student Conduct Coordinator” means a University official authorized by the Senior Hearings Officer to insure administration of the conduct program within an identified area, to insure procedural fairness for accused students in the identified area, responsible for scheduling conduct hearings and/or establishing and managing records.

(l) The term "Student Hearings Committee" means a specially trained committee of faculty, staff, and students authorized by the Senior Hearings Officer to determine whether a student has violated the Student Code of Conduct and to recommend sanctions when a violation is determined to have been committed.

(m) The term "policy" means the written regulations of the University as found in, but not limited to, the Student Code of Conduct, Room and Dining Contract, the University website, Information Technology Acceptable Use Policy, and Undergraduate/Graduate Catalogs.

(n) The terms related to academic honesty including "cheating, fabrication, facilitation, plagiarism or tampering" are defined in the Academic Honesty Code.

(o) The term "Complainant" refers to any member of the University community who submits a complaint alleging that a student has violated the Student Code of Conduct.

(p) The term “Respondent” means any student accused of violating the Student Code of Conduct.

(q) The term "Findings of Fact" means that the facts of the case are those events, circumstances, incidents, or actions that are found to be true based upon the evidence.

(r) The term “Good Standing” means a student is in good disciplinary standing when there are no pending, outstanding, or ongoing sanctions and/or the student is not on probationary or suspended status with the institution.

(s) The term “Advisor” refers to someone selected to serve as an advisor. Students may consult with their advisor during the hearing process in a manner that does not disrupt the proceedings. The advisor shall not speak on behalf of the student, question witnesses, present information or argue on behalf of the student.

(5) Prohibited Conduct. The following are offenses subject to disciplinary action: The Code of Conduct should be read broadly. It does not define all prohibited conduct in exhaustive terms. The University may initiate disciplinary action and impose sanctions against any student or officially recognized student organization/club which commits any of the following acts proscribed by the State Board of Higher Education and the University:

(a) Disruption, Obstruction, and/or Interference.

(A) Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other institutional activities, including the institution's public service functions or other authorized activities.

(B) Obstruction or disruption that interferes with the freedom of movement, either pedestrian or vehicular.

(C) Inciting others to engage in any of the conduct or to perform any of the acts prohibited by this or other University policy. Inciting means advocacy or proscribed conduct which calls upon 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 its students, faculty, and officials, and the protection of its property.

(b) Weapons and Destructive, Chemical and/or Incendiary Devices. Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities, unless otherwise authorized by law or policy.

(c) Harassment, Discrimination, or other Abusive Behavior.

(A) Physical or written/verbal abuse, threats, intimidation, harassment, coercion, bullying, or other conduct directed at a specific person, which threatens the health and safety of any person or seriously alarms or intimidates another person is prohibited.

(B) Written abuse, intimidation, or harassment through the use of Internet peer-networking sites, weblogs, or other online media which is open to the public is prohibited.

(C) Remarks, actions, or gestures which have the purpose or effect of creating an intimidating, hostile, and/or offensive working, campus living, and/or academic experience due to race, color, sex, religion, age, marital status, national origin, gender identity or expression, the presence of any physical or sensory disability, veteran status, sexual orientation or any other basis protected by applicable local, state or federal law is prohibited.

(d) Failure to Comply.

(A) Failure to comply with directives of University officials, acting in performance of their duties, and/or failure to identify oneself to these persons when requested to do so.

(B) Failure to comply with the conditions of the EOU Room and Dining Contract is prohibited.

(e) Vandalism or Unauthorized Use of Property.

(A) Vandalism, malicious damage or misuse 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 owned by or in the care, custody, or control of the University or a member of the University Community.

(B) Unauthorized entry to or use of institutional facilities, including the buildings and grounds.

(f) Controlled Substances.

(A) Possession or consumption of alcohol beverages by persons under 21 years of age, or furnishing of alcoholic beverages to persons under 21 years is prohibited. Possession or use of alcohol in any campus location or University sponsored or supervised activity, without University approval is prohibited regardless of age. Regulations concerning use of alcoholic beverages by students in University housing units and by recognized student organizations on or off campus are detailed in the Eastern Oregon University Student Drug and Alcohol Policy, the Room and Dining Contract and the Tailgating Policy.

(B) Use of tobacco products in unauthorized locations on campus in violation of state law, University, or public health regulations.

(C) Use, under the influence, possession, cultivation, manufacture, promotion, sale, and/or distribution of narcotics or other controlled substances, except as otherwise authorized by law or policy, is prohibited.

(D) Use and/or possession of prescription drugs of another is prohibited.

(g) Academic Misconduct. Academic Misconduct involves behaviors such as cheating, fabrication, facilitation, plagiarism or tampering in connection with an educational program of the institution.

(h) Deliberate Acts of Dishonesty.

(A) In general, acts of dishonesty are prohibited. Such acts may include, but are not limited to forging, altering, misusing, or mutilating University documents, records, identification, educational materials, or other University property.

(B) Intentionally furnishing false information, including false identification.

(i) Sexual Misconduct. Sexual Misconduct is defined as any sexual contact or sexual behavior that is non-consensual and/or inflicted upon someone who is incapacitated, and/or forced, and is prohibited. Additionally, Sexual Exploitation, and Sexual Harassment are prohibited. Definitions, as outlined by the Oregon University System, are as follows:

(A) Sexual Contact means the touching of the genitalia, anus, buttocks, breasts or mouth, as well as, any contact for the purpose of sexual gratification.

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

(C) Non-consensual means 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 responses 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.

(D) 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, or 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.

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

(F) Sexual Exploitation occurs when a person takes non-consensual, unjust or abusive advantage of another in a sexual or intimate context, for his/her own advantage or benefit, or to 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 inflicting another person with HIV or other sexually transmitted infection, inducing incapacitation of another person with the intent to facilitate sexual misconduct against that person, and/or compelling prostitution.

(G) Sexual Harassment includes unwelcome sexual advances, requests for sexual favors, and other physical conduct of a sexual nature when:

(i) Submission to such conduct is made a term or condition of employment or academic advancement (explicitly or implicitly).

(ii) Submission or rejection to such conduct is used as a basis for employment or academic advancement decisions, or

(iii) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or learning environment; or creating an intimidating, hostile or offensive work, academic, residential living, or any University-related environment.

(j) Stalking. Stalking is a pattern of repeated harassment by unwanted attention and/or contact, and is prohibited. Stalking includes, but is not limited to:

(A) Following or lying in wait for the victim.

(B) Repeated unwanted, intrusive, and frightening contact from the perpetrator by phone, mail, email, etc.

(C) Damaging the victim’s property.

(D) Making direct or indirect threats to harm the victim, the victim’s children, relatives, friends, or pets.

(E) Repeatedly sending the victim unwanted gifts.

(F) Harassment through the Internet, known as “cyberstalking,” “online stalking,” or “Internet stalking.”

(G) Securing 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, following the victim, etc.

(k) Hazing. Hazing, is an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, or which endangers or harms animals, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the complainant will not be a defense. Apathy or acquiescence in the presence of hazing may also be considered violations of this Code.

(l) Disorderly Conduct. Loud, aggressive, abusive, and/or other behavior which disrupts the orderly functioning of the University or disturbs the peace.

(m) Theft. Possession of, attempted or actual theft of, or misappropriation of property, equipment, materials, services, or data of the University, faculty, staff, students or guests.

(n) Unwelcome or Unauthorized Use of Technology.

(A) Attempted or actual theft or other misuse of computer facilities and resources, including but not limited to any violation of the University Acceptable Use Policy.

(B) The use of any device to make a recording of any person while on University premises without prior knowledge, or without consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.

(o) Abuse of the Student Conduct System. Abuse of the Student Conduct System, including but not limited to: failure to obey the notice from the Senior Hearings Officer or his/her designee, the Student Conduct Program Administrator or Coordinator, a Campus Hearings Officer, or University official to appear for a meeting or hearing as part of the Student Conduct process; falsification, distortion, or misrepresentation of information before a Campus Hearings Officer or Student Hearings Committee; disruption or interference with the orderly conduct of a conduct proceeding; participation in a conduct proceeding in bad faith; attempting to discourage an individual's proper participation in, or use of, the conduct; attempting to influence the impartiality of a member of a Student Hearings Committee or a Campus Hearings Officer prior to, and/or during the course of the hearing; harassment (verbal or physical) and/or intimidation of a member of a Student Hearings Committee or a Campus Hearings Officer prior to, during, and after a hearing; failure to comply with the sanction(s) imposed under the Student Code of Conduct; influencing or attempting to influence another person to commit an abuse of the Student Conduct process.

(p) Violation of University Policy, Local, State, or Federal Laws

(A) Violation of any University policy, rule, or regulation published or posted in hard copy or available electronically on the University website.

(B) Conviction of any federal or state law or city or local ordinance.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & 351.088
Hist.: EOSC 5(Temp), f. 3-31-77, ef. 4-1-77; EOSC 10, f. & ef. 8-15-77; EOSC 5-1992, f. 11-16-92, cert. ef. 1-1-93; EOU 4-2005, f. & cert. ef. 7-7-05; EOU 2-2007, f. & cert. ef. 8-15-07; EOU 3-2013(Temp), f. & cert. ef. 8-6-13 thru 12-31-13; EOU 5-2013, f. & cert. ef. 12-6-13

579-040-0007

Jurisdiction

(1) The provisions of OAR 579-040-0005 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; when the behavior adversely impacts the University Community, or any persons or property on campus or University sites; or the orderly operation of the institution. Activities include, but are not limited to field trips, athletic events, and all co-curricular activities or theatre/music productions.

(2) In general, the off-campus activities of students are viewed as their personal business. When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of their status as a student. If the alleged offense is also being processed under the Student Code of Conduct, the University may advise off-campus authorities of the existence of the Student Code of Conduct and of how such matters are typically handled within the University community. The University will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the University community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate. When a student violates local, state, or federal laws and/or violates the Student Code of Conduct, regardless of location, the University reserves the option of initiating and carrying out disciplinary action on its own.

(3) The student disciplinary process is fundamentally different from the criminal legal process, with differing purpose, objectives, procedures and standards of proof and potential learning outcomes.

(4) Determinations made or sanctions imposed under the Student Code of Conduct 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
Stats. Implemented: ORS 351.070 & 351.088
Hist.: EOU 4-2005, f. & cert. ef. 7-7-05; EOU 2-2007, f. & cert. ef. 8-15-07; EOU 3-2013(Temp), f. & cert. ef. 8-6-13 thru 12-31-13; EOU 5-2013, f. & cert. ef. 12-6-13

579-040-0010

Student’s Rights and Responsibilities

This Code outlines the procedures to be followed by the University.

(1) Respondents charged with violations of University regulations have the following rights in accordance OAR 579-040-0013:

(a) Written notice to include:

(A) Time, location, and/or other relevant information regarding the conduct violation(s);

(B) Reference to the particular section(s) of the Student Code of Conduct that is/are alleged to have been violated;

(C) The information regarding an educational conference to be scheduled no earlier than three days from the date of the notice unless requested by the student; and

(D) Where the Student Code of Conduct and the Hearing Procedures may be found.

(b) The opportunity to provide input about whether a Campus Hearings Officer or the Student Hearings Committee will hear the case;

(c) The right to be accompanied by an advisor when the student is presenting information to the Hearings Officer or Student Hearings Committee or presenting information in any other context to University officials as a part of the student conduct process;

(d) The opportunity to review all information being considered at a conduct hearing;

(e) The opportunity to have witnesses relevant to the case at hand and/or documents in support of the student’s defense;

(f) The opportunity to appeal (see Grounds for an Appeal).

(2) Respondents have the following responsibilities:

(a) To appear at the designated time and place for an educational conference or hearing to answer the complaint(s) filed. Failure to appear at the educational conference or hearing will result in the Hearings Officer or Student Hearings Committee issuing a decision based on the information available;

(b) To meet with a Campus Hearings Officer or Coordinator, or her/his designee, to review hearing policies and procedures during an educational conference;

(c) To provide a list of all witnesses who will appear on the student’s behalf to the Hearings Officer or Student Hearings Committee at least 48 hours prior to the scheduled conduct hearing.

(d) To maintain civil decorum during the conduct process.

(3) Complainant’s Rights

(a) A complainant has the right to have an advisor or advocate accompany them when they are presenting information to the Hearings Officer or Student Hearings Committee or presenting information in any other context to University officials as a part of the student conduct process.

(b) A complainant has the right to request to be permitted to present their side of the story in a separate room from the respondent at the conduct hearing so long as the process, as a whole, does not unduly compromise the respondent’s right to have the Hearings Officer or Chair of the Student Hearings Committee ask the complainant questions.

(c) A complainant has a right to submit an impact statement to the Hearings Officer or Chair of the Student Hearings Committee for consideration in the sanctioning phase of the conduct process only. The statement may include a description of how the complainant was impacted by the behavior and may include recommendations for sanctions, penalties, or restitution. The Hearings Officer or Student Hearings Committee, however, is not bound to impose the recommended sanctions.

(d) Where the respondent was alleged to be responsible for conduct which, if proven, would constitute any of the following offenses or attempts to commit the following offenses: arson, assault, burglary, criminal homicide, destruction/damage/vandalism of property, kidnapping, robbery, forcible sex offences, non-forcible sex offenses (incest or statutory rape), the complainant has a right to be notified of the final results that will include 1) the name of the student, 2) the violation with which the student was charged, 3) whether the student was found “responsible” or “not responsible,” and 4) any sanction(s) imposed.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & 351.088
Hist.: EOSC 5(Temp), f. 3-31-77, ef. 4-1-77; EOSC 10, f. & ef. 8-15-77; EOSC 5-1992, f. 11-16-92, cert. ef. 1-1-93; EOU 4-2005, f. & cert. ef. 7-7-05; EOU 2-2007, f. & cert. ef. 8-15-07; EOU 3-2013(Temp), f. & cert. ef. 8-6-13 thru 12-31-13; EOU 5-2013, f. & cert. ef. 12-6-13

579-040-0013

Due Process

Procedural fairness is basic to the proper enforcement of all University regulations. No conduct action shall be initiated against students or student organizations until they have been notified in writing of the charges against them and their rights under this Code, and given the opportunity to be heard (except in the event of potential harm to the welfare of self or others as indicated in OAR 579-040-0035):

(1) The Senior Hearings Officer, or designee(s), shall insure that the best interests of students and student organizations are served, regardless of whether conduct action is taken.

(2) All University regulations and policies pertaining to student conduct shall be promulgated in such a manner as to furnish adequate notice.

(3) Regulations and conduct sanctions affecting the conduct of students shall be based on general principles of equal treatment.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & 351.088
Hist.: EOU 4-2005, f. & cert. ef. 7-7-05; EOU 2-2007, f. & cert. ef. 8-15-07; EOU 3-2013(Temp), f. & cert. ef. 8-6-13 thru 12-31-13; EOU 5-2013, f. & cert. ef. 12-6-13

Disciplinary Hearing Procedures and Disciplinary Sanctions

579-040-0015

Procedures for Complaints and Educational Conferences, Hearings, Potential Sanctions, and other University Actions

(1) The Senior Hearings Officer is responsible for coordination of the University's student conduct program. The Senior Hearings Officer shall designate a Student Conduct Program Administrator who will coordinate the activities of the student conduct process. University housing conduct is administered by the Residence Life staff (see Residence Hall Conduct Policy for further information regarding this process), but such matters will also be referred to the Office of Student Success and Engagement when a student's status at the University must be reviewed or when the conduct is of an egregious nature. The Student Conduct Program Administrator and Coordinator(s) shall be responsible for maintaining conduct records. These records may include a summary of the proceedings, results, and the appointed hearings officer/committee acting on the case.

(2) Conduct proceedings at EOU do not mirror courtroom proceedings. At a conduct hearing, civil and criminal rules of evidence do not apply. Hearings regarding sexual misconduct and/or heard by the Student Hearing Committee may be recorded or transcribed.

(3) Decisions of “responsible” or “not responsible” regarding the charge(s) shall be based on the information presented at the hearing. The Hearings Officer or Student Hearing Committee shall determine whether or not the student has violated the Student Code of Conduct as charged based upon the appropriate standard of proof. The appropriate standard of proof shall be “more likely than not” that the behavior occurred. This means that the information presented supports the finding that it was more likely than not that the violation occurred.

(4) Procedures for Complaints and Educational Conferences

(a) Alleged violations of the Student Code of Conduct may be reported to the Office of Student Success and Engagement by any member of the community.

(b) The Student Conduct Program Administrator or Coordinator in Residence Life (if incident occurs in or within close proximity of the residence halls) will review the information to determine if the University will charge the student with violating the Student Code of Conduct.

(c) If at any time during the course of the process the Senior Hearings Officer’s designee(s) determines that either charges are not warranted or that insufficient evidence exists to continue, then the charges may be withdrawn, and the student will be notified in writing.

(d) If the complaint is forwarded for a hearing, the Student Conduct Program Administrator or Coordinator will afford the respondent the opportunity of an educational conference with a campus hearings officer. The hearings officer will review the allegations and charges, the Student Code of Conduct, the hearing options, the student conduct process, possible sanctions, the student's rights and responsibilities as proscribed in OAR 579-040-0010, with the respondent and answer questions.

(e) If the respondent elects to have the case heard by a campus hearings officer, the hearing will proceed at that designated time. If the respondent elects to have the Student Hearings Committee hear the case, it will be referred back to the Student Conduct Program Administrator to arrange for a hearing. A time shall be set for a hearing, not less than five or more than fifteen calendar days after the student has been notified of the complaint. Maximum time limits for scheduling of hearings may be extended at the discretion of the Student Conduct Program Administrator. The Administrator will work with the Hearings Officer or the Student Hearings Committee to arrange hearings and determine the subsequent appropriate institutional response.

(f) All parties may have counsel or an advisor to serve as advisors at their own expense. However, the counsel or advisor shall not speak on behalf of the student, question witnesses, present information or argue on behalf of the student. Hearings options are:

(A) Campus Hearings Officer presiding; or

(B) Student Hearings Committee presiding.

(g) In the event of a sexual misconduct hearing, if the respondent chooses the Campus Hearings Officer option to preside over the case, two hearings officers will be present to hear the case. In addition, the complainant will be notified in writing of the outcome of the hearing, including sanctions and timelines, and any appeals and the resultant outcomes.

(5) Student Conduct Hearings before a Campus Hearings Officer. Conduct Hearings shall not be open to the public. Hearings Officers are charged with:

(a) Making findings of fact;

(b) Determining if the student has violated the Code(s);

(c) Dismissal of the case; and/or

(d) Imposing any sanction listed in OAR 579-040-0015 of this Code.

(6) Student Conduct Hearings before the Student Hearings Committee.

(a) The respondent and the Student Conduct Program Administrator may arrange for witnesses to present pertinent information to the Student Hearings Committee. Witnesses will provide information to and answer questions from the Student Hearings Committee. The Student Hearings Committee is charged with:

(A) Making findings of fact;

(B) Determining if the student has violated the Code(s);

(C) Recommending dismissal of the case; and/or

(D) Recommending any sanction listed in 579-040-0015 of the Student Code of Conduct to the Student Conduct Program Administrator or designee.

(b) The respondent shall appear along with witnesses and other parties requested to be in attendance by the Student Hearings Committee. Questions may be suggested by the respondent and/or Complainant to be answered by each other or by other witnesses at the discretion of the Student Hearings Committee chair.

(c) A secretary may record information presented, accept information, statements, and prepare a summary of the Student Hearings Committee's findings. After the conclusion of the hearing, every effort will be made to issue a written decision in a timely fashion by the Student Conduct Program Administrator.

(d) Regardless of the nature or type of hearing, the respondent will be given an opportunity to provide information. This may include, but is not limited to, pertinent records, documents, written or oral statements. The student will also be given an opportunity to inspect records that have been submitted regarding the specific case.

(e) If a witness cannot appear, the witnesses written or taped statement may be considered. Witnesses will be required to wait outside until their point of participation and asked to leave the hearing after being questioned.

(7) Potential Sanctions. The following sanctions may be rendered as a result of a conduct hearing:

(a) Mandated counseling assessment and/or recommendations for completed treatment.

(b) Restitution: Reimbursement a) by dollar amount, b) by transfer of property, or c) by provision of services to the University or a member of the University community in accordance with the nature of the violation in an amount not to exceed actual expenses, damages, or losses incurred.

(c) Required Educational Activities: Mandatory participation in educational activities and any associated fees.

(d) Warning: Notice to a student that the student’s conduct or actions are in violation of the Student Code of Conduct. The continuation of such behavior may result in further action.

(e) Probation: Probation will include observation and review of behavior and demonstrated compliance with the Student Code of Conduct. A student on probation is not in "good standing" with the University. Students on probation, who are found in violation of the Student Code of Conduct again are subject to more severe disciplinary actions.

(f) Loss of Privileges: Denial of specified privileges for a designated period of time, consistent with the violation(s) committed.

(g) Residence Hall Suspension: Separation from the residence halls for a designated period of time, after which the student is eligible to return. Conditions of readmission may be specified.

(h) Residence Hall Expulsion: Permanent separation from the residence halls.

(i) Suspension: Separation from the University for a defined period of time, after which the student is eligible to return. Conditions for readmission may be specified.

(j) Deferred Sanction: Placement on deferred sanction status. If the student violates University regulations during this period, the deferred sanction(s) will be immediately imposed along with any new sanctions.

(k) Expulsion: Permanent separation from the University.

(l) Revocation of Admission and/or Degree.

(m) Withholding of Degree.

(n) Academic Honesty Code violations: in addition to any of the above sanctions, academic sanctions, such as failing the assignment and/or course, removal from an academic program, or removal from a college may also be imposed.

(8) Other University Actions

(a) Hold on Student Record: The Student Conduct Program Administrator, Student Conduct Coordinator, or designee, may place a hold on the records or registration of any student who fails to fulfill any sanctions issued by the University. The Administrator or Coordinator may take other action necessary for resolution of a case prior to the student’s enrollment in a subsequent term, transfer or graduation. All pending conduct matters must be resolved prior to a student’s graduation from EOU.

(b) Mediation, voluntary participation in a facilitated discussion with the complainant, may be appropriate in certain cases and may be strongly recommended.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & 351.088
Hist.: EOSC 5(Temp), f. 3-31-77, ef. 4-1-77; EOSC 10, f. & ef. 8-15-77; EOSC 5-1992, f. 11-16-92, cert. ef. 1-1-93; EOU 4-2005, f. & cert. ef. 7-7-05; EOU 2-2007, f. & cert. ef. 8-15-07; EOU 3-2013(Temp), f. & cert. ef. 8-6-13 thru 12-31-13; EOU 5-2013, f. & cert. ef. 12-6-13

Disciplinary Hearing

579-040-0020

Disciplinary Hearing

Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Disciplinary Hearings at Eastern Oregon University. Contested Case procedures in ORS Ch 183 do not apply to these hearings.

(1) Disciplinary Hearings with a Hearings Officer are intended to determine a factual basis for assertions in complaints filed. Disciplinary Hearings shall not be open to the public. The Hearings Officers are empowered to:

(a) Make findings of fact;

(b) Dismiss the case;

(c) Refer the student for counseling;

(d) Impose any sanction listed in OAR 579-040-0015 of this Code.

(A) The Complainant, the Accused Student and the Student Conduct Coordinator may arrange for witnesses to present pertinent information to the Hearings Officer. The University will try to arrange the attendance of possible witnesses who are members of the University community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two weekdays prior to the hearing. Witnesses will provide information to and answer questions from the Hearings Officer. The person(s) complained against shall appear along with witnesses and other parties requested by the Hearings Officer to be in attendance. All parties may have counsel or an advocate to serve as advisors at their own expense. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Hearings Officer. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the Hearings Officer.

(B) A secretary may record information presented, accept information, statements, and prepare a summary of the Hearings Officer's findings. No transcription of a disciplinary hearing will be made. After the portion of the hearing concludes in which all pertinent information has been received, the Hearings Officer will determine whether the Accused Student has violated each Code of Conduct which the student is charged with violating. Every effort will be made to issue a written decision within two business days by the Hearings Officer after the conclusion of the hearing. However, no fixed deadline is imposed.

(2) Disciplinary Hearings before the Student Hearings Committee. The Complainant, the Accused Student and the Student Conduct Coordinator may arrange for witnesses to present pertinent information to the Student Hearings Committee. The University will try to arrange the attendance of possible witnesses who are members of the University community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two weekdays prior to the hearing. Witnesses will provide information to and answer questions from the Student Hearings Committee. The Student Hearings Committee has the power to:

(a) Make findings of fact;

(b) Determine whether or not the student has violated the Code;

(c) Recommend to dismiss the case;

(d) Recommend any sanction listed in 579-040-0015 of the Student Code of Conduct to the Senior Hearings Officer.

(A) The person(s) complained against shall appear along with witnesses and other parties requested by the Student Hearings Committee to be in attendance. All parties may have counsel or an advocate to serve as advisors at their own expense. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Hearings Committee.

(B) A secretary may record information presented, accept information, statements, and prepare a summary of the Student Hearings Committee's findings. No transcription of a disciplinary hearing will be made. Every effort will be made to issue a written decision within two business days by the Senior Hearings officer after the conclusion of the hearing. However, no fixed deadline is imposed.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & 351.088
Hist.: EOSC 5(Temp), f. 3-31-77, ef. 4-1-77; EOSC 10, f. & ef. 8-15-77; EOSC 5-1992, f. 11-16-92, cert. ef. 1-1-93; EOU 4-2005, f. & cert. ef. 7-7-05; EOU 2-2007, f. & cert. ef. 8-15-07; Suspended by EOU 3-2013(Temp), f. & cert. ef. 8-6-13 thru 12-31-13

Appeals and Contested Case Hearings

579-040-0030

Appeals

Following a conduct hearing, the respondent and a student complainant has the right to an appeal. Appeals shall be made to the Dean of Student Success and Engagement within five working days after notice. The appeal shall be in writing, stating the ground(s) for appeal. The Dean may do any of the following:

(1) Review all information presented at the hearing and consult with the campus hearings officer or student hearings committee chair at his/her discretion,

(2) Return the case to the original hearing body for reconsideration,

(3) Alter the findings and/or sanctions imposed by the original hearing body, or

(4) Determine that the original findings and/or sanctions stand.

(a) The Dean will make a decision within five working days after receipt of appeal. The Dean's decision is final. Appeals for violations in the residence halls shall be conducted as identified in the Residence Life Conduct Policy.

(b) Appeals must be based on the issue of substantive or procedural errors which are prejudicial and which were committed during the educational conference, meeting, or hearing.

(5) The specific grounds to be addressed on appeal are:

(a) Were the procedures of the Student Code of Conduct followed?

(b) If a procedural error occurred, were the rights of the respondent/student complainant or organization violated to the extent that the respondent/student complainant or organization did not receive a fair hearing?

(c) Was the hearing conducted in a way that did not permit the respondent/student complainant or organization adequate notice and the opportunity to present its version of the facts?

(d) Was the information presented at the hearing sufficient to justify the decision reached?

(e) Was there relevant information existing at the time of the hearing that would have affected the outcome that was not discovered until after the hearing?

(f) Are sanctions disproportionate to the violation and previous disciplinary history of the student?

(6) Sanctions shall not begin until either the time for appeal has expired without an appeal, or until the appeal process is exhausted. The Dean of Student Success and Engagement, or designee(s) may impose sanctions during the appeal process to ensure the safety and well-being of members of the University community or preservation of University property.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & 351.088
Hist.: EOSC 5(Temp), f. 3-31-77, ef. 4-1-77; EOSC 10, f. & ef. 8-15-77; EOSC 5-1992, f. 11-16-92, cert. ef. 1-1-93; EOU 4-2005, f. & cert. ef. 7-7-05; EOU 2-2007, f. & cert. ef. 8-15-07; EOU 3-2013(Temp), f. & cert. ef. 8-6-13 thru 12-31-13; EOU 5-2013, f. & cert. ef. 12-6-13

579-040-0035

Emergency Action

Any interim measure may be taken at any time. Notice of interim measure shall be provided to the student or student organization in writing.

(1) Interim Suspension: The Dean of Student Success and Engagement may initiate a temporary suspension of a student or student organization when it is determined that there is an imminent threat or that a student’s presence negatively affects the health, safety or welfare of the University community or a member of the University community.

(2) Restrictions on Activity: The Dean of Student Success and Engagement may restrict a student’s or student organization’s activities when it is determined that the health, safety or welfare of a student or member of the University community is at risk. Restrictions on activities may include, but are not limited to: registering or attending class; accessing or contacting certain individuals (no contact order); accessing University property, facilities, resources or equipment; participating in University activities, organizations or student activities.

(3) Appeal of Interim Measures: The student or student organization has the opportunity to submit a written request for a hearing regarding the interim measures to the Dean of Student Success and Engagement. If requested, the hearing will be conducted within three business days of the receipt of the written request. The scope of this hearing is limited solely to the interim measures.

(4) Student Enrollment Status: If a student’s enrollment status is changed as a result of an interim measure, but the student is subsequently found not responsible for the violation, the University shall correct any record of the change in enrollment status in the student’s permanent records and other reports in a manner compliant with State and Federal laws.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & 351.088
Hist.: EOSC 5(Temp), f. 3-31-77, ef. 4-1-77; EOSC 10, f. & ef. 8-15-77; EOSC 5-1992, f. 11-16-92, cert. ef. 1-1-93; EOU 4-2005, f. & cert. ef. 7-7-05; EOU 3-2013(Temp), f. & cert. ef. 8-6-13 thru 12-31-13; EOU 5-2013, f. & cert. ef. 12-6-13

Disposition of Complaints

579-040-0045

Student Conduct Records

Disciplinary records of students will be destroyed pursuant to the Oregon University System retention schedule governing institutional records. For all complaints, a conduct file will be created and secured by the Office of Student Success and Engagement. Other than expulsion, conduct sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s conduct record.

(1) For those sanctions at the level of Probation the student will be considered not in "good standing" with the University for the duration of the sanction. Multiple sanctions may be imposed where appropriate. Disciplinary Probation shall involve written notice that is to be kept in the student's conduct file.

(2) Disciplinary Suspension shall involve removal of privileges to enroll at the University for a specified period of time and there shall be a written notice that is to be kept in the student's conduct file. There shall also be a Disciplinary Hold placed on the student's electronic record. After the period of suspension has expired and the student has met all proscribed obligations, the Disciplinary Hold will be removed. A student suspended for misconduct and wishing to return to the University after the suspension period must contact the Dean of Student Success and Engagement to discuss returning to the University.

(3) Disciplinary Expulsion shall involve permanent removal of privileges to enroll at the University and there shall be a written notice kept in the student's conduct file. A Disciplinary Hold will be placed on the student's electronic record.

(4) Student conduct records of students who have not yet responded to allegations will remain active. Once they have responded, the records are retained in accordance with the procedures above.

(5) Disciplinary files are treated as “educational records” under the provisions of the Family Education Rights and Privacy Act (FERPA) and may be viewed only by those who “need to know” such information in the context of their official duties, as determined by the Dean of Student Success and Engagement or designee(s). Otherwise, content of the file may be released to others only with consent of the student whose name is on the file.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & 351.088
Hist.: EOSC 5(Temp), f. 3-31-77, ef. 4-1-77; EOSC 10, f. & ef. 8-15-77; EOU 4-2005, f. & cert. ef. 7-7-05; EOU 2-2007, f. & cert. ef. 8-15-07; EOU 3-2013(Temp), f. & cert. ef. 8-6-13 thru 12-31-13; EOU 5-2013, f. & cert. ef. 12-6-13

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