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OREGON UNIVERSITY SYSTEM,
WESTERN OREGON UNIVERSITY

 

DIVISION 32

STUDENT CONDUCT STRUCTURE

574-032-0000

Introduction

(1) Western Oregon University's Campus Student Conduct Program holds the education of the Student at its philosophical heart. This educational philosophy defines a structure for the Student Conduct Program which gives the Charged Student choices for resolving allegations of misconduct.

(2) The current hearing structure includes three options which vary in their degree of formality and philosophy. In order from least to most formal, they are: Hearing with Mediators, Hearing with the Dean of Students, Student Conduct Coordinator or designee, and Hearing with the Committee.

(3) The Charged Student first meets with the Dean of Students, Student Conduct Coordinator or designee, who in turn helps direct the Student to the proper arena for resolution of the allegation(s). The Charged Student always has the right to request that the hearing be held with a different party within the system. The party (individual or group) which hears the allegation(s) will dictate the formality of the proceedings, and all types of hearings, except for Mediation, will have equal jurisdiction and ability to assign sanctions.

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

574-032-0010

Student Conduct Personnel

(1) Upon the recommendation of the Dean of Students, the Vice President for Student Affairs approves the members of the Committee which consist of no fewer than three Faculty members, three professional unclassified Staff members, and no fewer than six Student members. The Faculty and Staff members will serve for three years on a rotational basis so two experienced members of each classification serve each year. Term of membership may be extended for Faculty and Staff members at the discretion of the Office of Student Conduct. Student members serve for one year with the option to renew membership at the discretion of the Office of Student Conduct until the Student graduates from the University.

(2) The Office of Student Conduct solicits nominations for Faculty appointments from the Department or Division Chairs and the Faculty Senate President. The selection process, which includes interviews, will be completed by the end of each Spring term to fill whatever Faculty vacancies exist.

(3) The Office of Student Conduct solicits nominations for Staff members from the Administrative Support Council and non-academic departments. The selection process, which includes interviews, will be completed by the end of each Spring term to fill whatever Staff vacancies exist.

(4) The Dean of Students may nominate a Faculty or Staff member to emeritus status when they leave their rotation. This status recognizes outstanding service to the Committee by a member. Members of this standing could still participate in Committee hearings, business meetings and social events, but would not be required to participate. Members of this status also could serve the University and the Committee, including its advisor, in a counsel and historian role. Final appointment to this status is made by the Vice President of Student Affairs of the University.

(5) The Office of Student Conduct solicits nominations for Student appointments by the end of Spring term from the Residence Hall Association (RHA), the Associated Students of Western Oregon University (ASWOU), and the Vice President for Student Affairs. Each organization and the Vice President submit to the Office of Student Conduct a list of Student nominees. The Office of Student Conduct interviews all nominees and then selects Students for the Committee. Ideally, a balanced number of Students from on- and off- Campus should represent membership on the Committee. If the Office of Student Conduct does not receive nominations by the end of Spring term, they may, with the approval of the Vice President for Student Affairs, follow a different procedure for selecting Student Committee members. Mid-year vacancies on the Committee will be filled through a brief nomination and interview process conducted by the Office of Student Conduct.

(6) The Office of Student Conduct convenes the Committee early in Fall term of each year for orientation and training. Faculty, Staff and Student members of the Committee must attend training as a condition of their membership. Faculty, Staff and Students who do not attend training during the Fall and at other times during the year will be removed from the Committee.

(7) The Committee reviews and recommends to the Vice President for Student Affairs appropriate changes to the Code. However, the Vice President for Student Affairs, the Office of Student Conduct or any other Campus individual or group may also recommend changes at any time. The Office of Student Conduct coordinates proposed changes with appropriate campus groups and notifies interested parties to review the revision. Upon completion of the review process the Vice President for Student Affairs will recommend the changes to the President for final approval. The revisions become effective when filed with the Oregon Secretary of State's Office.

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 574-030-0050; 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

574-032-0020

Student Conduct Committee

(1) Upon the recommendation of the Dean of Students, the Vice President for Student Affairs approves the members of the Committee which consist of no fewer than three Faculty members, three professional unclassified Staff members, and no fewer than six Student members. The Faculty and Staff members will serve for three years on a rotational basis so two experienced members of each classification serve each year. Term of membership may be extended for Faculty and Staff members at the discretion of the Office of Student Conduct. Student members serve for one year with the option to renew membership at the discretion of the Office of Student Conduct until the Student graduates from the University.

(2) The Office of Student Conduct solicits nominations for Faculty appointments from the Department or Division Chairs and the Faculty Senate President. The selection process, which includes interviews, will be completed by the end of each Spring term to fill whatever Faculty vacancies exist.

(3) The Office of Student Conduct solicits nominations for Staff members from the Administrative Support Council and non-academic departments. The selection process, which includes interviews, will be completed by the end of each Spring term to fill whatever Staff vacancies exist.

(4) The Dean of Students may nominate a Faculty or Staff member to emeritus status when they leave their rotation. This status recognizes outstanding service to the Committee by a member. Members of this standing could still participate in Committee hearings, business meetings and social events, but would not be required to participate. Members of this status also could serve the University and the Committee, including its advisor, in a counsel and historian role. Final appointment to this status is made by the Vice President of Student Affairs of the University.

(5) The Office of Student Conduct solicits nominations for Student appointments by the end of Spring term from the Residence Hall Association (RHA), the Associated Students of Western Oregon University (ASWOU), and the Vice President for Student Affairs. Each organization and the Vice President submit to the Office of Student Conduct a list of Student nominees. The Office of Student Conduct interviews all nominees and then selects Students for the Committee. Ideally, a balanced number of Students from on- and off- Campus should represent membership on the Committee. If the Office of Student Conduct does not receive nominations by the end of Spring term, they may, with the approval of the Vice President for Student Affairs, follow a different procedure for selecting Student Committee members. Mid-year vacancies on the Committee will be filled through a brief nomination and interview process conducted by the Office of Student Conduct.

(6) The Office of Student Conduct convenes the Committee early in Fall term of each year for orientation and training. Faculty, Staff and Student members of the Committee must attend training as a condition of their membership. Faculty, Staff and Students who do not attend training during the Fall and at other times during the year will be removed from the Committee.

(7) The Committee reviews and recommends to the Vice President for Student Affairs appropriate changes to the Code. However, the Vice President for Student Affairs, the Office of Student Conduct or any other Campus individual or group may also recommend changes at any time. The Office of Student Conduct coordinates proposed changes with appropriate campus groups and notifies interested parties to review the revision. Upon completion of the review process the Vice President for Student Affairs will recommend the changes to the President for final approval. The revisions become effective when filed with the Oregon Secretary of State's Office.

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 574-030-0051; 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

574-032-0030

Hearing Sub-Committee

The Hearing Sub-Committee is a sub-committee of the Student Conduct Committee. This sub-committee will consist of a maximum of two Faculty or Staff members and four Student members. Selection of sub-committee members for each Hearing Sub-committee is made by the Office of Student Conduct. A minimum of one Faculty or Staff member and two Students is required for a quorum, and a quorum must always consist of at least one more Student than Faculty or Staff member. If a quorum cannot be obtained, a hearing will be postponed until a quorum is present, unless the Charged Student waives the requirement for a quorum in writing.

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 574-030-0052; 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

574-032-0050

Delegation of Authority

(1) Subject to the approval of the Vice President for Student Affairs, the Committee recognizes the University Housing Student Conduct System and grants University Housing authority to:

(a) Formulate regulations governing the conduct of residential Students in and around University operated residences;

(b) Formulate procedures and administrative practices to be followed by the University Housing Student Conduct Board;

(c) Assign sanctions exclusive of expulsion, suspension, or negative notation on transcript, appropriate to the enforcement of Campus residence hall regulations.

(2) Students or Recognized Student Organizations may appeal decisions of the University Housing Student Conduct Board to the Dean of Students or Student Conduct Coordinator. The Student or Recognized Student Organization must file the appeal with Student Conduct within five Working Days after receiving the sanction notice from the University Housing Student Conduct Board. The University Housing Student Conduct Board Chairperson will submit to the Office of Student Conduct a copy of the appealing Student's or Recognized Student Organization's conduct file for each case heard by the University Housing Student Conduct Board. The file will minimally include the charges, the findings, the sanction(s) assigned, the Student's previous academic and disciplinary history, and information concerning the appeal process.

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 574-030-0053; WOU 3-2001, f. 8-28-01, cert. ef. 8-31-01; WOU 2-2005, f. & cert. ef. 8-4-05; WOU 2-2012, f. & cert. ef. 7-31-12

Student Conduct Procedures

574-032-0060

Complaint

(1) The Adjudication process at Western Oregon University begins with the receipt of one of the following by the Office of Student Conduct:

(a) A Campus Public Safety or University Housing incident report;

(b) Any other type of University reporting document or complaint;

(c) A police report; or

(d) A signed and written complaint by any individual or group, whether Members of the University Community or not. The complaint may be in the form of an incident report or letter.

(2) Upon receipt of the complaint or report, the Office of Student Conduct will evaluate the information presented and determine whether enough information exists to make allegations that the Student(s) named in the complaint or report engaged in activities prohibited by the Code. The Dean of Students, Student Conduct Coordinator or designee will evaluate this information in addition to determine if the alleged violations may result in suspension, expulsion, or negative notation on the transcript.

(3) Within seven Working Days from when the Office of Student Conduct determines that there is sufficient basis to charge the Student named in the complaint or report, the Office of Student Conduct will send the Charged Student a letter that includes the following:

(a) A notice for the Student to meet with the Dean of Students, Student Conduct Coordinator or designee for a pre-hearing meeting;

(b) The alleged violations of the Code;

(c) The Student's basic rights granted by the Code, including the right to have the case heard by the Committee if sanctions of suspension, expulsion, or negative notation on the transcript could result;

(d) Notice that a copy of the Code can be found in the Vice President for Student Affairs' Office, on reserve at the Library, online at www.wou.edu/student/judicial or at the Offices of the Associated Students of Western Oregon University; and

(e) Notice that a decision affecting the Student may be made even if the Student fails to appear for a pre-hearing meeting.

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

574-032-0070

Pre-hearing Meeting with Student Conduct

The purpose of a pre-hearing meeting with the Office of Student Conduct is to explain the conduct procedures to the Charged Student and to select the proper hearing body to resolve the allegations. The Charged Student may at this meeting request that the pre-hearing meeting serve as an actual hearing, thereby waiving the Charged Student’s right to five Working Days' written notice prior to a hearing, and, in cases where suspension, expulsion, or negative notation may result, waiving the Charged Student’s right to a Committee hearing. If the Charged Student does not wish the pre-hearing meeting to be treated as the actual hearing, a hearing will be scheduled with the hearing body the Charged Student has chosen at a time that gives the Charged Student at least five Working Days' notice prior to the hearing. If the Student does not appear for a pre-hearing meeting, the Office of Student Conduct will set a time and place for a hearing. If the case has been determined by the Office of Student Conduct to possibly result in suspension, expulsion, or negative notation on the transcript, a Committee hearing will be scheduled. In all other cases, the Office of Student Conduct will set an informal hearing. The time between the Student's receipt of the notice and the hearing date must be at least five Working Days. The Office of Student Conduct will notify the Charged Student that there is an option to waive the hearing before the Committee and elect to have the case heard by the Office of Student Conduct if such a hearing has been set.

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

574-032-0080

Types of Hearings

All Adjudications at Western Oregon University will base their decisions on a Preponderance of the Evidence.

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

574-032-0090

Hearing with the Dean of Students, Student Conduct Coordinator, or designee

(1) The purpose of a hearing with the Dean of Students, Student Conduct Coordinator or designee is to:

(a) Consider information presented by the Charged Student, information from the complaint or report(s), and other supporting information;

(b) Make findings based on that information;

(c) Uphold or drop each allegation based upon the findings; and

(d) If allegations are upheld, assign sanctions commensurate with the violation(s) and the Student's previous disciplinary and academic history. The Dean of Students, Student Conduct Coordinator or designee has authority to levy sanctions deemed appropriate under this Code (see 574-032-0010 1(c)) or can refer the Student and case to the Hearing Sub-Committee without action.

(2) For all hearings with the Dean of Students, Student Conduct Coordinator or designee, the Charged Student has the following rights:

(a) To have access to the complaint file to the extent permitted by law after giving the Office of Student Conduct sufficient notice to purge the file of information within the file considered to be the education record of another Student(s);

(b) To have knowledge of the charges and the names of those providing information supporting the charges, including all Witnesses;

(c) To offer evidence challenging the statements of those providing information regarding the charges and all Witnesses;

(d) To be notified in writing of the outcome of the hearing within five Working Days;

(e) To request a hearing with the Committee; and

(f) To appeal to the appropriate University official/body as defined in the appeal process (see OAR 574-032-0120).

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 2-2005, f. & cert. ef. 8-4-05; WOU 2-2012, f. & cert. ef. 7-31-12

574-032-0100

Hearing with the Hearing Sub-Committee

The Hearing Sub-Committee will be convened when requested by the Office of Student Conduct or the Charged Student. The Dean of Students, Student Conduct Coordinator or designee will present information pertinent to the case, which may include past conduct history of the Charged Student that is relevant to the case. The Dean of Students, Student Conduct Coordinator or designee, when appropriate, may present Witnesses for both the Charged Student and the Complainant, as requested by the Hearing Sub-Committee.

(1) For all hearings with the Hearing Sub-Committee, the Charged Student has the following rights:

(a) Five Working Days' notice prior to the hearing, unless the Student waives this right in writing;

(b) To have knowledge of the charges and of Witnesses;

(c) To have an Advisor attend the hearing with the Charged Student. The Advisor cannot speak for or represent the Charged Student. Failure of the Advisor to comply with this stipulation will result in the removal of the Advisor from the proceeding by the Hearing Sub-Committee chairperson. The hearing will not be postponed due to the inability of the Advisor to attend;

(d) To challenge the statements of the Complainant(s) or Victim(s) and Witnesses;

(e) To have advance notification of the hearing process and procedures through the mail or in a meeting with the Dean of Students, Student Conduct Coordinator or designee. This meeting with the Dean of Students, Student Conduct Coordinator or designee is to be scheduled prior to the hearing. It is the Student's responsibility to schedule this meeting;

(f) To not appear for a hearing, and not have that absence used against oneself;

(g) To remain silent during a hearing, and not have that silence used against oneself;

(h) To be notified in writing of the outcome of the hearing within five Working Days; and

(i) To appeal to a University official.

(2) The Charged Student may present information and challenge the statements of Complainants, Witnesses, and statements read during the hearing.

(3) The members of the Hearing Sub-Committee may question the Charged Student, Witnesses, and Complainants to determine facts relevant to the case. The Hearing Sub-Committee, during deliberations, will resolve all issues of fact based on the evidence presented at the hearing. Based upon these findings the Hearing Sub-Committee renders a decision concerning whether to uphold or drop each separate allegation. While the Hearing Sub-Committee resolves the allegations only the Hearing Sub-Committee members are present.

(4) The findings will be announced to the Charged Student following deliberations and, at that time, the Dean of Students, Student Conduct Coordinator or designee will present information concerning the Charged Student's academic record and any previous judicial record. The Charged Student may also present information relevant to previous academic and Student Conduct history, as well as circumstances which may have a bearing on possible sanctions.

(5) For the determination of sanctions, only the Hearing Sub-Committee members are present. Following that determination, the Chair of the Committee will announce, with the Charged Student present, the sanctions the Hearing Sub-Committee assigned.

(6) The Office of Student Conduct will confirm in writing to the Charged Student the results of the hearing within five Working Days.

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 574-030-0056; 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

574-032-0110

Procedures when Charged Student Fails to Appear at Hearing

When the Charged Student fails to appear at the time specified for a hearing, provided no prior arrangements for delay have been confirmed, the hearing will be held with the Charged Student not present. The results of the hearing will indicate that the hearing was held with the Charged Student in absentia. The Charged Student's absence cannot be assumed to be an admission of responsibility; nor can it be used in any way in the hearing body's or officer's determination of facts or judgment.

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 2-1996, f. & cert. ef. 11-12-96; Renumbered from 574-030-0057; WOU 3-2001, f. 8-28-01, cert. ef. 8-31-01; WOU 2-2005, f. & cert. ef. 8-4-05; WOU 2-2012, f. & cert. ef. 7-31-12

574-032-0120

Appeal of Hearing

(1) A Student in Violation may appeal decisions reached at a hearing. The appeal must be filed within five Working Days following the date the Student receives notice of the hearing results. Appeals must be delivered, in writing, to the Office of the Vice President for Student Affairs or the Office of Student Conduct. An appeal form must include specific justification for the appeal as listed in (3) below.

(2) In hearings involving a Survivor of alleged sexual harassment or sexual misconduct, the Survivor may appeal decisions reached at a hearing to the Vice President for Student Affairs if the Survivor believes the decision is not in compliance with University standards.

(3) Except as required to explain the basis of new information, an appeal will be limited to review of the accurate record of the initial hearing and supporting documents for one or more of the following purposes:

(a) To determine whether the original hearing was conducted in conformity with the procedures described in the Code. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results;

(b) To determine whether the decision reached regarding the Charged Student was based on a Preponderance of the Evidence;

(c) To determine whether the sanction(s) imposed were appropriate to the Charged Student's previous judicial history and to the present violation(s) of the Code; or

(d) To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence or facts were not known to the person appealing at the time of the original hearing.

(4) The following decisions may be made by the Appeals Body described in (5) below:

(a) That evidence exists not available at the time of the hearing sufficient to alter the original decision. In this case the Appeals Body remands the case to the original hearing body for a supplemental hearing;

(b) The appeal is denied. In this case, the entire decision of the original hearing body, including sanctions, remains effective. New violations can never be found through the appeal process; or

(c) The appeal is upheld. In this case, the Appeals Body renders a new decision, including reducing or removing sanctions, or replacing the findings and sanctions of the original hearing body or officer.

(5) Procedure

(a) The Vice President for Student Affairs will hear appeals of hearings with the Hearing Sub-Committee and appeals of hearings with the Dean of Students, Student Conduct Coordinator or designee;

(b) The Dean of Students or Student Conduct Coordinator will hear appeals of hearings with the University Housing Student Conduct Board and Area Coordinators;

(c) Upon receipt of the appeal, the Appeals Body may suspend any or all sanctions pending its decision;

(d) The Appeals Body must consider the appeal based on the record, with no new evidence considered, except new evidence that meets the requirements of subsection (4)(d) above. If new evidence becomes available, the Appeals Body must remand the case to a new hearing with the original hearing body. The Office of Student Conduct must provide a complete and accurate record of the original hearing to the Appeals Body. The Appeals Body may, but is not required to, meet with the person appealing the decision; and

(e) Within ten Working Days following receipt of the appeal, the Appeals Body will notify the Student in Violation in writing of the results of the appeal.

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 574-030-0058; 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

574-032-0130

Hearing with Mediators

The Campus Student Conduct Program at Western Oregon University places confidence in the process of Mediation as a preventative and educational method of intervention for Student misconduct. When the Campus Student Conduct Program makes use of Mediation it does so with the primary goal of diverting Students from the Adjudicative and, in some cases, adversarial hearing process. The anticipated outcome of this action is for Disputants to voluntarily create a resolution to their conflict that is confidential and non-binding. The Campus Student Conduct Program is primarily an Adjudicative process which often must address allegations that a Charged Student's behavior harmed another person. In some of these cases, Mediation may be used as a diversion or as a sanction in the form of victim/offender reconciliation (with the exception of sexual harassment or sexual misconduct cases). The nature of a case involving a Victim and an offender necessitates a modification of the way Mediation traditionally is structured. In Victim/offender Mediations, participation by the Charged Student may not be voluntary, the mediated agreement may not be confidential, and the mediated agreement may become binding for the Charged Student.

(1) Uses:

(a) Use of Mediation in the Absence of Charges. Disputants not charged with a violation of the Code may use Mediation at any time by making a request for Mediation services at the Office of the Vice President for Student Affairs or the Office of Student Conduct. This includes Victim/offender Mediation in which the Victim declines to file a complaint and the Office of Student Conduct does not pursue the allegations;

(b) Use of Mediation after a Complaint is made. When a Victim files a complaint with the Office of Student Conduct alleging that the behavior of a Charged Student harmed a person, or when action is initiated by a report of harmful treatment to the person, Mediation may be used in place of the Adjudicative process, provided both Victim and Charged Student agree to such Mediation. In cases involving sexual misconduct or sexual harassment, Mediation is not an option. All charges are suspended pending the outcome of the Mediation. The Victim has the right to return the complaint to the Office of Student Conduct for a formal judicial review if the Victim is not satisfied with the outcome of Mediation;

(c) Student in Violation and Victim Chooses Mediation. When a Charged Student has been found in violation of any section of the Code where that Charged Student's behavior victimized or harmed another Member(s) of the University Community, Victim/offender Mediation may be assigned as a sanction, except in cases involving sexual misconduct or sexual harassment.

(2) Mediation Procedures. A Charged Student(s) may request to use Mediation at any time during the Adjudication process (with the exception of sexual misconduct or sexual harassment cases). A Victim may request Mediation without filing a complaint. Mediations of this type are non-binding except in cases noted below, and confidential to the extent permitted by law.

(a) Victim/Charged Student, Voluntary Mediation:

(A) Mediation between a Victim and a Charged Student may occur at the request of either party and with the consent of and voluntary participation of both parties;

(B) Before or during a student conduct hearing, the Office of Student Conduct may offer Mediation to a Charged Student in place of that hearing;

(C) When all parties agree to Mediation, Mediation will be used in place of the Adjudicative process;

(D) Agreements reached when Mediation is used in place of Adjudication will be binding with the permission of the Victim. Permission for a binding agreement will be given to the Office of Student Conduct by the Victim prior to the Mediation. In such a case, the binding agreement becomes a de facto sanction and will become part of the Charged Student's judicial file. The Charged Student must adhere to the agreement or face possible future Adjudicative action;

(E) The Victim may, at any time, withdraw permission for a binding agreement or withdraw the complaint. In this case, the Mediation becomes confidential and non-binding;

(F) The Victim may, at any time, withdraw the complaint and withdraw from the Mediation process;

(G) The Charged Student may, at any time, withdraw from the Mediation process. Such action by the Charged Student, however, may return the original charges to the Adjudicative process;

(H) If the Victim reports dissatisfaction with the outcome of the Mediation the Victim may return the complaint to the Adjudicative process for a student conduct hearing; and

(I) The Office of Student Conduct will, in most cases, honor the Victim's request to withdraw the complaint from the Adjudicative process. The Office of Student Conduct may, however, Adjudicate charges whenever it is determined that it is in the best interest of the University community to do so.

(b) Mandated participation in Mediation when charges of theft, vandalism, harassment, assault, or other harmful treatment are upheld through the Adjudicative process (except for sexual harassment and sexual misconduct cases). Participation in Victim/offender Mediation may be assigned to the Student in Violation as a sanction. When Mediation is used as a sanction, the following will apply:

(A) The Victim must agree to such a sanction in advance;

(B) The Student in Violation must verify that Mediation was attempted in order to fulfill the sanction of Mediation; and

(C) Unless otherwise requested by the Victim, agreements reached during sanctioned Mediations will be submitted to the Office of Student Conduct. This agreement will serve as a part of the sanction which the Student in Violation must complete. Failure to abide by the agreement may result in the Student in Violation facing further judicial charges for failure to complete a sanction.

(c) Automatic Diversion from the Adjudicative Procedures:

(A) When two or more Students have been charged with violating the Code for the same event, the Office of Student Conduct may offer, or the Students may request, to use Mediation as a diversion from the Adjudicative process. The Dean of Students, Student Conduct Coordinator or designee may assign interim sanctions pending the Mediation. The following conditions must apply:

(i) Two or more Students have been involved in the same incident,

(ii) The Students have each been charged with violations of the Code based on the same incident,

(iii) The Students are each victims of the other's behavior (e.g., by assault, vandalism, theft, etc.),

(iv) The Students agree to fully participate in Mediation,

(v) The Students agree to share the results of the Mediation with the Office of Student Conduct, and

(vi) The mediated agreement becomes binding and must be adhered to by both parties as a sanction unless otherwise indicated by the Office of Student Conduct.

(B) The Office of Student Conduct may return the case to the Adjudicative process for the following reasons:

(i) One or more of the Students does not participate in the Mediation,

(ii) Substantial evidence exists that one or more of the Students poses a clear and present threat to themselves or others; or

(iii) One or more of the Students fails to adhere to the agreement.

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

574-032-0150

Rights of Victims and Survivors

A fundamental aspect of the Code is to provide procedures that ensure the rights of the Charged Student. However, the University also recognizes that the Victims and Survivors of misconduct should also have rights. Therefore, the following rights of Victims and Survivors must be guaranteed during Adjudication proceedings conducted by the University.

(1) A Victim or Survivor has the right to be identified as a Witness and provide a Witness statement.

(2) A Victim or Survivor has the right to have a person accompany the Victim or Survivor while in attendance at the hearing.

(3) Unless it bears directly on the charges, a Victim or Survivor has the right not to have the Victim or Survivor’s past history or behavior discussed during a hearing. This includes reference to past violations of the Code, past sexual history, and past indiscretions of any type.

(4) A Victim or Survivor has the right to make an impact statement only when the Charged Student’s alleged behavior against the Victim or Survivor is upheld. The impact statement may only be used or considered for sanctioning purposes.

(5) A Victim or Survivor has the right to be shielded from face to face contact with the Charged Student.

(6) A Victim or Survivor has the right to be kept informed during the Adjudicative process within legal guidelines; and

(7) A Victim or Survivor has the right to be informed immediately of the outcome of a hearing within legal guidelines.

(8) In hearings involving a Survivor, the Survivor may appeal decisions reached at a hearing to the Vice President for Student Affairs if the Survivor believes the decision is not in compliance with University standards.

Stat. Auth.: ORS 351.070 & 351.072
Stats. Implemented: ORS 351.070 & 351.072
Hist.: 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 574-030-0060; 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

574-032-0160

Revising and Interpreting the Code of Student Responsibility

(1) Refer all questions concerning the Code to the Office of Student Conduct. The Dean of Students is the final interpreter of the Code.

(2) The Code will be reviewed no less than once every five years under the direction of the Dean of Students.

(3) A formal, written request to review the Code may be submitted to the Office of Student Conduct.

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 2-2005, f. & cert. ef. 8-4-05; WOU 2-2012, f. & cert. ef. 7-31-12

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