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Oregon Bulletin

May 1, 2014

Oregon University System, Oregon State University, Chapter 576

Rule Caption: Correction to two typographical errors contained in internal cross-references in Student Conduct Code.

Adm. Order No.: OSU 4-2014(Temp)

Filed with Sec. of State: 4-15-2014

Certified to be Effective: 4-16-14 thru 6-30-14

Notice Publication Date:

Rules Amended: 576-015-0043, 576-015-0050

Subject: Correction to two typographical errors contained in internal cross-references in Student Conduct Code.

Rules Coordinator: Beth Giddens—(541) 737-2449

576-015-0043

Notice

(1) Upon receiving a complaint or report that a Student or Student Organization may have violated the Student Conduct Code, the Director of SCCS or the Office of Equity and Inclusion (“OEI”) will notify the Student/Student Organization in writing of the alleged violation(s). The notice will inform the Student or Student Organization of the rule(s) said to have been violated and a description of the acts or omissions alleged to have been in violation of the Student Conduct Code.

(2) If the Director of SCCS determines the alleged violation(s) of 576-015-0020(1)–(5), (8)–(10), or (12)–(23) may result in Suspension or Expulsion, the notice described in subsection (1) will set a time and place for a SCCS Committee hearing. If the conduct at issue has also given rise to alleged violations of 576-015-0020(6), (7) or (11), this notice may be sent by the Office of Equity and Inclusion pursuant to subsection (3). The period of time between the hearing date and the accused Student’s or Student Organization’s receipt of the notice must be at least 72 hours. The Director of SCCS will notify the Student/Student Organization that the SCCS Committee Hearing may be waived and, in its place, the case heard by the Director of SCCS or designee.

(3) If the Office of Equity and Inclusion (“OEI”) determines the alleged violation(s) of 576-015-0020(6), (7) or (11) may result in Suspension or Expulsion, the notice described in subsection (1) will set forth a time and place for a hearing with a Hearing Officer assigned by the Office of Equity and Inclusion pursuant to the process set forth in 576-015-0052. The period of time between the hearing and the accused Student’s or Student Organization’s receipt of the notice must be at least 72 hours.

(4) If there is an allegation of academic dishonesty as defined in OAR 576-015-0020(2), the Director of SCCS will determine what conduct proceeding is appropriate. If there is a record of a previous incident of academic dishonesty, the Director of SCCS will send written notice to the Student of a SCCS Committee hearing, as described in subsections (1) and (2) of this rule, and 576-015-0050.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Hist.: OSU 4-1998, f. & cert. ef. 6-24-98; OSU 1-2001, f. & cert. ef. 2-21-01; OSU 2-2002, f. & cert. ef. 2-25-02; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10; OSU 3-2014(Temp), f. 3-5-14, cert. ef. 3-6-14 thru 6-30-14; OSU 4-2014(Temp), f. 4-15-14, cert. ef. 4-16-14 thru 6-30-14

576-015-0050

Student Conduct and Community Standards (SCCS) Committee Hearing

(1) Students or Student Organizations who receive notice under 576-015-0043(2) may elect to participate in a SCCS Committee Hearing. Students or Student Organizations who receive notice under 576-015-0043(3) are subject to the process set forth in 576-015-0052.

(2) When an SCCS Committee hearing is called, the accused Student or Student Organization will appear before a panel of up to five faculty or staff and five Students appointed by the Vice Provost for Student Affairs and the Associated Students of Oregon State University, respectively. The Bylaws of the SCCS Committee are available from the Vice Provost for Student Affairs or the SCCS office.

(3) All SCCS Committee hearings are closed and information presented along with all supporting documents will be disseminated internally only on a need to know basis and will not be disseminated externally except as required by law. The hearing is informal and does not follow administrative contested case or courtroom procedures.

(4) If the Student or Student Organization has been properly notified and fails to appear, the SCCS Committee may proceed with the hearing and conduct action may be taken.

(5) During the hearing, the accused Student or Student Organization may be accompanied by an advisor of the Student’s/Student Organization’s choice. The advisor may be a faculty or staff member, fellow Student, parent, or any person of the Student’s/Student Organization’s choice so long as the availability of the advisor does not hamper the timeliness of the hearing. The Student/Student Organization may choose to have an attorney serve as advisor, however the advisor does not represent the Student/Student Organization in a conduct hearing and the Student/Student Organization will be expected to speak for him/herself or themselves at all times.

(6) During the hearing, the Student or Student Organization has the opportunity to offer information and testimony on his/her/its own behalf. The Student/Student Organization also has the opportunity to review and respond to all information, statements, or evidence presented.

(7) The chairperson of the SCCS Committee, or designee, will decide any questions or objections to hearing procedures that are raised during the hearing.

(8) 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/Student Organization 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.

(9) 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/Student Organization is responsible for a violation of the Conduct Code and, if so, the Committee will reconvene with the accused Student/Student Organization and a representative of SCCS to consider what sanctions may be appropriate. The accused Student/Student Organization may waive his/her/their right to be present. The Committee may consider:

(a) Evidence of any mitigating circumstances presented by the Student/Student Organization; and

(b) Other relevant information, including but not limited to, evidence of prior violations of the Student Conduct Code presented by a representative of SCCS.

(10) The Committee will again go into executive session to make a decision about appropriate sanctions. The time between the conclusion of the hearing and the delivery of the recommendation to the Director of SCCS shall be no more than three days, excluding weekends and holidays. The Committee’s decision will be in the form of a written recommendation to the Director of SCCS.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 8-1995, f. & cert. ef. 12-29-95; OSU 4-1998, f. & cert. ef. 6-24-98; OSU 1-2001, f. & cert. ef. 2-21-01; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10; OSU 4-2011, f. & cert. ef. 6-13-11; OSU 3-2014(Temp), f. 3-5-14, cert. ef. 3-6-14 thru 6-30-14; OSU 4-2014(Temp), f. 4-15-14, cert. ef. 4-16-14 thru 6-30-14


Rule Caption: Updating OSU’s definition of directory information.

Adm. Order No.: OSU 5-2014(Temp)

Filed with Sec. of State: 4-15-2014

Certified to be Effective: 4-16-14 thru 6-30-14

Notice Publication Date:

Rules Amended: 576-020-0010

Subject: This rule change increases privacy protections for students and realign OSU’s definition of directory information with its current practices by narrowing “current email address” to only “OSU email address” and removing “month and day of birth. It also improves students’ graduation experience by allowing OSU to include college, student level, anticipated graduation date and honors information on graduation programs.

Rules Coordinator: Beth Giddens—(541) 737-2449

576-020-0010

Definition of Terms

Definition of Terms

(1) “Student” — A person who is or has been enrolled at Oregon State University.

(2) “Educational Record” — Records directly related to a student which are maintained by Oregon State University or by a person acting for the University.

(3) “Directory Information” — Student’s name, current mailing address and telephone number, OSU e-mail address, campus office address, class standing, college and major field of study, student level (grad, undergrad, etc.), full-time or part-time enrollment status, status as a graduate teaching assistant or graduate research assistant and hours of service, participation in officially recognized activities and sports, dates of attendance, anticipated graduation date, degrees, honors or awards received, date(s) of degree(s), and most recent previous educational institution attended by student.

(4) “Institutional Official” — 6-19-03 A person employed by the University in an administrative, supervisory, academic, research or support staff position (including health staff); a person, company or entity with whom the University has contracted (such as an attorney, auditor or collection agent); a person serving on the board of trustees; or a student serving on an official committee such as a disciplinary or grievance committee or assisting another school official in performing his or her tasks.

Stat. Auth: ORS 351.070

Stats. Implemented: ORS 351.070

Hist.: OSU 3, f. & ef. 6-20-77; OSU 8-1996, f. & cert. ef. 8-23-96; OSU 10-2001, f. & cert. ef. 11-16-01; OSU 5-2002, f. & cert. ef. 5-8-02; OSU 2-2003, f. & cert. ef. 6-19-03; OSU 3-2004, f. 11-16-04, cert. ef. 1-1-05; OSU 5-2014(Temp), f. 4-15-14, cert. ef. 4-16-14 thru 6-30-14

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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