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OREGON UNIVERSITY SYSTEM, PORTLAND STATE UNIVERSITY

 

DIVISION 31

STUDENT CONDUCT CODE

577-031-0125

General Policy

(1) Portland State University seeks excellence in instruction, research, and public service. The University recognizes the intrinsic value of individual differences and diversity. The University supports the right of all people to live and learn in a safe and respectful environment that promotes the free and vigorous expression of ideas. Policies and procedures are designed to protect these freedoms and the fundamental rights of others. Students are expected to conduct themselves in a manner consistent with these principles.

(2) A Student, Recognized Student Organization, or group of Students whose conduct is determined incongruent with the standards of the University as described in this Code of Student Conduct and Responsibility (“Code”) is subject to disciplinary action. The procedures for that action are generally educational in nature and are intended to lead to self-evaluation and accountability.

(3) The procedures of this Code consider each case individually and without prejudice.

(4) In addition to the regulations in this Code, all Students must follow the academic and professional standards of all applicable academic units, departments, schools, and colleges.

(5) This Code becomes effective on October 11, 2012 and supersedes all other previous student conduct codes.

Stat. Auth.: ORS 351.070
Stats. Implemented:
Hist.: PSU 1-1982, f. & ef. 4-22-82; PSU 1-1994, f. & cert. ef. 1-10-94; PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0130

Applicability

(1) This Code applies to any Student as defined in OAR 577-031-0131(17).

(2) This Code applies to any Recognized Student Organization as defined in OAR 577-031-0131(13) and to other groups of Students.

Stat. Auth.: ORS 351
Stats. Implemented:
Hist.: PSU 1-1982, f. & ef. 4-22-82; PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0131

Definitions

(1) The “Code” is this Code of Student Conduct and Responsibility, OAR chapter 577, division 31.

(2) A “Complainant” is any person submitting a written Complaint to the Dean of Student Life alleging that a Student, Recognized Student Organization or group has engaged in conduct proscribed by this Code.

(3) A “Complaint” is a Campus Public Safety Office Incident Report, Portland Police Bureau Report, Dean of Student Life Conduct Complaint Form, or Residence Life Incident Report.

(4) A “Conduct Record” includes, but is not limited to, incident reports, final reports, notification of allegation, disciplinary reports, informal discussion notes, formal hearing records and recommendations, decision statements, appeal records and decision, and related documentation and correspondence that may be covered by OAR 166-475-0110(38).

(5) A “Course Instructor” is any person employed by the University to conduct classroom activities or who has an official instructional function with the University.

(6) A “Day” is any business day in which the University is open. It does not include weekends, federal and state holidays or days in which the University is not open for business.

(7) The “Dean of Student Life” or “Dean” is the University Official holding this title. Any action required to be performed by the Dean under this Code may be performed by his or her designee(s).

(8) The “Vice President for Enrollment Management and Student Affairs” or “Vice President” is the University Official holding this title. Any action required to be performed by the Vice President under this Code may be performed by his or her designee(s).

(9) “Effective Consent” is a voluntary, non-coerced and mutually understandable communication indicating a willingness to participate in a particular act. Consent must be freely and actively given. Silence in and of itself is not an indication of consent. Consent can be withdrawn at any time.

(10) A “Hearing Officer” is a University Official designated to adjudicate cases by the Senior Conduct Officer.

(11) A “Mental or Physical Impairment” is an impairment that causes a person to be unable to understand the situation, understand the consequences of his/her choices, or to express his/her desires. This may include, but is not limited to, being intoxicated, being under the influence of drugs, being unconscious, or other cognitive impairment.

(12) A “Mental Disorder” is a diagnosable mental disease or disorder that limits a person’s ability to make a knowing or voluntary decision.

(13) “Mental Incapacitation” is a condition that renders a person incapable of determining his or her own conduct at the time of the alleged offense because of the influence of a controlled or other intoxicating substance.

(14) A “Recognized Student Organization” is a group of five or more Students who have formed around a defined mission or purpose and who have been officially recognized by Student Activities and Leadership Programs or Campus Recreation.

(15) A “Respondent” is a Student who is alleged to have engaged in conduct proscribed by the Code.

(16) The “Senior Conduct Officer” is the University Official charged with the responsibility of administering the Code. Any action required to be performed under this Code by the Senior Conduct Officer may be performed by his or her designee.

(17) The “Student Conduct Committee” (the “Committee”) is composed of faculty and staff appointed by the Faculty Senate of the University and students appointed by the President of the Associated Students of Portland State University.

(18) A “Student” is a person who: (a) is enrolled as a student and/or registered for one or more credit hours; (b) is enrolled in a special non-credit program approved by the University; or (c) was enrolled as a student within the last six months. A person who satisfies (a), (b), or (c) above is considered a “Student” for purposes of the Code as of the date that the person first submitted an application for admission, financial aid or any other service provided by the University that requires student status.

(19) A “University Official” is any person performing assigned administrative or professional responsibilities on behalf of the University.

(20) The “University Premises” are all lands, buildings, facilities, and other property owned, in the possession of, used, or controlled by the University.

(21) A “University Sponsored Activity” is any program or event hosted by a department, program, organization, or individual representing the University. Such activities include, but are not limited to, field trips, athletic events, education abroad, University exchange programs, and student organization-hosted programs or events.

(22) The “University” is Portland State University, or any part, program, department, or division within Portland State University.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: PSU 2-2002, f. & cert. ef. 10-22-02; PSU 1-2006, f. & cert. ef. 3-10-06; PSU 3-2006, f. & cert. ef. 7-21-06; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0132

General Statement of Authority

(1) The Senior Conduct Officer will maintain overall responsibility for developing and implementing policies for the administration of the Code and procedural rules for the conduct of hearings that are consistent with provisions of the Code and applicable law.

(2) The Senior Conduct Officer will review all complaints received by the Dean of Student Life, determine if they are reasonable, and assign them to the appropriate hearing body or University Official for adjudication.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0133

Jurisdiction

(1) The provisions of OAR 577-031-0135 and 577-031-0136 apply to all Students and activities on University Premises; during any University Sponsored Activity regardless of location; and to off-campus conduct that has a rational nexus to the University and/or the pursuit of its objectives or that poses a potential threat to the health, safety, or assets of the University or any person associated with the University or substantially impacts any person’s ability to continue their University-related pursuits. Questions regarding jurisdiction will be resolved by the Senior Conduct Officer.

(2) Students participating in co-admission programs between Portland State University and other institutions will be accountable to conduct standards at Portland State University regardless of the standards applicable at the other institution and whether the other institution is or is not pursuing charges.

(3) Allegations of certain behavior may be adjudicated within the University’s administrative conduct program as outlined in this Code as well as within any off-campus criminal justice system. Adjudication of allegations of misconduct by Students or Recognized Student Organizations or groups will occur expediently without regard to the status of any off-campus adjudication.

(4) Students may be charged up to six months from the date of discovery of the alleged violation regardless of their current enrollment status. If the discovered violation is of academic misconduct, a notation on the permanent record or degree revocation may be appropriate if the Student has separated from the University.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0135

Conduct Proscribed by the State Board of Higher Education

The following constitutes conduct as proscribed by the State Board of Higher Education for which a Student or Recognized Student Organization or group is subject to disciplinary action:

(1) Obstruction or disruption of teaching, research, administration, disciplinary procedures or other University activities, including the University's public service functions or other authorized activities on University-owned or -controlled property.

(2) Obstruction or disruption interfering with freedom of movement, either pedestrian or vehicular, on University-owned or -controlled property.

(3) Possession or use of explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on University-owned or -controlled property, unless expressly authorized by law, Board or PSU rules or policies.

(4) Detention or physical abuse of any person or conduct which is intended to threaten imminent bodily harm or endanger the health of any person on University-owned or -controlled property.

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

(6) Refusal by any person while on University property to comply with an order of the President of the University, or appropriate authorized official or officials, to leave such premises because of conduct proscribed by the Code, when such conduct constitutes a danger to personal safety, property, or other appropriate University activities on such premises.

(7) Unauthorized entry to or use of University facilities, including buildings and grounds.

(8) Illegal use, possession or distribution of drugs on University-owned or -controlled property.

(9) Inciting others to engage in any of the conduct or to perform any of the acts prohibited in this Code. Inciting means that advocacy of proscribed conduct that 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 University, including the safety of persons, and the protection of its property.

(10) Violating the State Board of Higher Education’s Policy for Intercollegiate Athletics as described in Section 8 of its Internal Management Directives, specifically including the subsection entitled Code of Ethics.

Stat. Auth.: ORS 351.060
Stats. Implemented:
Hist.: PSU 1-1982, f. & ef. 4-22-82; PSU 1-1994, f. & cert. ef. 1-10-94; PSU 3-1994, f. & cert. ef. 10-26-94; PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 1-2012(Temp), f. & cert. ef. 3-12-12 thru 9-7-12; PSU 3-2012, f. & cert. ef. 8-13-12; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0136

Conduct Proscribed by Portland State University

The following constitutes conduct proscribed by Portland State University for which a Student or Recognized Student Organization or group is subject to disciplinary action:

(1) Academic Misconduct. Academic Misconduct is defined as fraud, deceit, or unauthorized use of materials prohibited or inappropriate in the context of the academic assignment. This includes, but is not limited to:

(a) Cheating;

(b) Fraud;

(c) Plagiarism, such as word for word copying, using borrowed words or phrases from original text into new patterns without attribution, or paraphrasing another writer’s ideas;

(d) The buying or selling of all or any portion of course assignments and research papers;

(e) Performing academic assignments (including tests and examinations) in another person’s stead;

(f) Unauthorized disclosure or receipt of academic information;

(g) Falsification of research data; and

(h) Unauthorized collaboration;

(i) Using the same paper or data for several assignments or courses without proper documentation;

(j) Unauthorized alteration of student records; and

(k) Academic sabotage, including destroying or obstructing another student’s work.

(2) Furnishing false or misleading information to the University, including but not limited to knowingly failing to provide required information to the University or misrepresenting a person's identity to a Course Instructor or other University Official.

(3) Forgery, alteration or unauthorized use of University documents, records, identification or resources.

(4) Behavior that constitutes a possible threat to the health or safety of others.

(5) Stalking. Stalking is repeatedly contacting another person without a legitimate purpose when: (a) the contacting person knows or should know that the contact is unwanted by the other person; and (b) it is reasonable for the other person in that situation to have been alarmed or coerced by the contact. As used in this subsection, "contacting" includes but is not limited to coming into the visual or physical presence of the other person; following another person; or sending written, electronic or telephonic communication of any form to the other person, personally or through a third party.

(6) Harassment. Harassment is a course of conduct directed at a specific individual or individuals that causes or is intended to cause emotional or physical distress and serves no legitimate purpose. This includes but is not limited to harassment based on protected class that violates the University’s “Prohibited Discrimination and Harassment Policy.”

(7) Sexual Exploitation. Sexual Exploitation occurs when a Student takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit or to benefit another person. Examples of sexual exploitation include, but are not limited to: invasion of sexual privacy, engaging in voyeurism, exposing one’s genitals in non-consensual circumstances, prostituting another person, or inducing incapacitation with the intent to commit other acts of sexual misconduct.

(8) Non-Consensual Sexual Contact. Non-Consensual Sexual Contact is any intentional sexual touching, by a person upon another person that is without consent and/or by force. This type of contact includes but is not limited to breasts, buttocks, groin, or genitals, or touching with any of these body parts, or making another touch another person or themselves with any of these body parts.

(9) Non-Consensual Sexual Intercourse. Non-Consensual Sexual Intercourse is unwanted sexual intercourse of any kind of attempt to engage in such conduct. Sexual intercourse includes vaginal, oral or anal sex. Intercourse includes penetration by a penis, object, tongue, finger, or oral copulation no matter how slight. Sexual intercourse is "unwanted" if no Effective Consent is given or if the Respondent knew or should have known that the person was incapable of giving Effective Consent by reason of Mental or Physical Impairment, Mental Disorder, or Mental Incapacitation.

(10) Tampering with the election of any Student, Recognized Student Organization or group.

(11) Hazing. Hazing is conduct which subjects a person to bodily danger, or physical, mental, or emotional harm, or to the likelihood of bodily danger or physical, mental, or emotional harm, or requiring, authorizing or permitting that the person be subjected to such conduct or act, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a student group or organization. The real or alleged participation in, consent to, or acquiescence in such conduct by a person subjected to hazing does not relieve an individual or group from responsibility for violating the Code.

(12) Violation of the University Alcohol and Other Drugs Policy or possession or consumption of alcohol beverages by persons under 21 years of age, or furnishing of alcoholic beverages to persons under 21 years, on University Premises or at any University Sponsored Activity.

(13) Smoking in unauthorized areas.

(14) Public indecency, such as exposing the intimate parts while in a public place or a place visible from a public place.

(15) Failure to comply with a University Official’s requests. Students and Recognized Student Organizations and groups are expected to comply with and respond appropriately to the lawful requests of University Officials made in the performance of their duties.

(16) Engaging in conduct that is contrary to any federal or state law or city or local ordinance when such violation interferes with, or is detrimental to, the mission of the University or interferes with other students’ legitimate educational activities and interests. Use of University property or University Premises to facilitate conduct that is contrary to any federal or state law or city or local ordinance shall automatically be deemed to be detrimental to the mission of the University. University disciplinary proceedings may be instituted against a Respondent charged with conduct that potentially violates both the law and this Code without regard to the pendency of civil or criminal litigation or criminal arrest and prosecution. Determinations made or sanctions imposed under this Code are not subject to change merely because criminal charges arising out of the same facts are dismissed, reduced, or resolved in favor of or against an individual.

(17) Violation of any University or Oregon University System rule, policy or Internal Management Directive (IMD), including but not limited to: Standards of Residence, PSU Housing Handbook, University Housing Office contracts, University Key Policy, the University Computer and Acceptable Use Policy, and the Prohibited Discrimination and Harassment Policy.

(18) Conviction of a felony or misdemeanor under circumstances where it is reasonable to conclude that the presence of the person at the University would constitute a danger to health, personal safety, or property.

(19) Conduct described in OAR 577-031-0135(1), (2), (4), or (8) within the full jurisdiction described in OAR 577-031-0133(1), whether or not the conduct occurs on University-owned or -controlled property.

(20) Illegal manufacture of drugs within the full jurisdiction described in OAR 577-031-0133(1).

(21) A violation of any sanctions imposed as a result of previous disciplinary proceedings under the Code.

(22) Abuse of the University conduct program as outlined in this Code, including but not limited to: (a) falsification, distortion or misrepresentation of information before any conduct body; (b) knowingly initiating any conduct proceedings without cause; (c) attempting to discourage an individual's participation in, or use of, any conduct system; or (d) influencing or attempting to influence another person to commit an abuse of any conduct system.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0137

Procedures for Complaints Against Recognized Student Organizations

(1) Complaints submitted to the Dean of Student Life against a Recognized Student Organization or group may be referred, in the best judgment of the Dean of Student Life, to a University Official of the department or unit to which the group is most closely affiliated. The University Official will follow the procedures of the department or unit to which the complaint is referred.

(2) The president, principal officer, contact person(s), or other students designated by the Recognized Student Organization or group to act on behalf of the organization shall be given reasonable notice of the charges and be afforded all procedural rights in accordance with the provisions of this Code. The president, principal officer, contact person(s), or group agent shall be required to represent the group at all applicable stages of the judicial program. Failure to cooperate or appear and represent the organization will not delay the disposition of the matter.

Stat. Auth.: ORS 351.070
Stats. Implemented:
Hist.: PSU 1-1994, f. & cert. ef. 1-10-94; PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0138

Procedures for Complaints Against Students in University Housing

(1) Complaints alleging only a violation of the Housing Handbook will generally be heard by a Hearing Officer within Residence Life.

(2) The Hearing Officer will follow the procedures outlined in the Housing Handbook.

Stat. Auth.: ORS 351
Stats. Implemented:
Hist.: PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09

577-031-0139

Procedures for Emergency Action

(1) If the Dean of Student Life determines that a Student presents a significant risk of substantial harm to the health or safety of others, then the Dean may take such emergency action as is necessary to address the risk. Emergency action may include, but is not limited to:

(a) immediate suspension of the Student;

(b) exclusion from University Premises or any portion thereof;

(c) loss of any of the privileges of being a Student;

(d) mandating completion by the Student of an assessment by a qualified professional and compliance with the recommendations of the professional; or

(e) any other action determined by the Dean to be reasonable due to the circumstances.

(2) All incidents in which emergency action is taken will be forwarded to the Senior Conduct Officer and follow the procedures outlined in OAR 577-031-0140. The emergency action will remain in effect until a final decision has been made about the Respondent. All incidents in which emergency action has been taken will be adjudicated as quickly as possible.

Stat. Auth.: ORS 351
Stats. Implemented:
Hist.: PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0140

Procedures for Complaints Against Individuals

(1) Any person may submit a written complaint to the Dean of Student Life alleging that a Student(s) or Recognized Student Organization or group has engaged in conduct proscribed by this Code. Any charge should be submitted as soon as possible after the event takes place, preferably within fourteen (14) Days of the event. The process cannot begin until the written complaint has been received.

(2) The Senior Conduct Officer will review all complaints received by the Dean of Student Life to determine if there are reasonable grounds for the complaint. If there are no reasonable grounds, the complaint will be dismissed. If there are reasonable grounds for the complaint, an investigation will be initiated and the process will proceed as outlined below or, as appropriate, as outlined in OAR 577-031-0141.

(3) After initiating an investigation, the Senior Conduct Officer will send written notice to the Respondent(s) advising of the allegations and referencing the specific section of this Code allegedly violated.

(4) The Senior Conduct Officer, in his or her best judgment, will determine which hearing body will hear the complaint. The Respondent may request that the Senior Conduct Officer choose a particular hearing body.

(5) If the Senior Conduct Officer hears the case, the Senior Conduct Officer will facilitate the hearing procedures and may decide the matter in his or her best judgment. All hearings before the Senior Conduct Officer are closed, and the information and supporting documents presented are confidential except as required by law. The hearing is informal and does not follow administrative contested case or courtroom procedures, including formal rules of evidence.

(a) If the Respondent fails to attend the meeting, the Senior Conduct Officer will decide the matter in the Respondent’s absence. Failure to cooperate or appear will not delay the disposition of the matter.

(b) The Respondent may bring up to two (2) third party advisors of his/her choice to the hearing as long as the availability of the advisor does not interfere with the timeliness of the hearing. The Respondent will be expected to speak for himself or herself at all times and may only use the advisor for consultation or support. The Respondent may elect to have an attorney serve as an advisor. The Respondent must notify the Dean of Student Life at least 24 hours prior to the scheduled meeting if his or her attorney will be present. The University assumes no responsibility for any costs associated with such representation.

(c) The Respondent will have the opportunity to offer information on his or her behalf and to review and respond to all information presented.

(d) The Senior Conduct Officer may ask questions of any person present during the hearing. The Senior Conduct Officer may invite questions and comments from advisors or others present.

(e) If the Senior Conduct Officer decides an essential person or piece of information is missing, the Senior Conduct Officer may decide to reconvene the hearing at the earliest practical time that the missing information will be available.

(f) The Senior Conduct Officer will determine, based upon a preponderance of the evidence (which means whether something is “more likely than not”), whether the Respondent is responsible for a Code violation and, if so, what sanctions are to be imposed. Once that determination is made, the Senior Conduct Officer will send written notice to the Respondent articulating the determination of responsible or not for the alleged violation(s), subsequent sanction(s), if any are imposed, and information about the appeal process described in OAR 577-031-0143.

(6) If the Student Conduct Committee (the Committee) hears the case, the Committee Chairperson facilitates the hearing procedures and has voting power in the case of a tie. The Senior Conduct Officer serves as an ex-officio consultant and ensures administrative support of the process. All Committee hearings are closed, and the information and supporting documents presented are confidential except as required by law. The hearing is informal and does not follow administrative contested case or courtroom procedures, including formal rules of evidence.

(a) If the Respondent fails to attend the meeting, the Committee will decide the matter in the Respondent’s absence. Failure to cooperate or appear will not delay the disposition of the matter.

(b) The Respondent may bring up to two (2) third party advisors of his/her choice to the hearing as long as the availability of the advisor does not interfere with the timeliness of the hearing. The Respondent will be expected to speak for himself or herself at all times and may only use the advisor for consultation or support. The Respondent may elect to have an attorney serve as an advisor. The Respondent must notify the Dean of Student Life at least 24 hours prior to the scheduled meeting if his or her attorney will be present. The University assumes no responsibility for any costs associated with such representation.

(c) The Respondent will have the opportunity to offer information on his or her behalf and to review and respond to all information presented.

(d) Members of the Committee may ask questions of any person present during the hearing. The Chairperson may invite questions and comments from advisors or others present.

(e) 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.

(f) After the Chairperson has determined that all the necessary information has been presented and questions answered, the Committee will go into executive session and all persons except for the Committee and its legal advisors, if any, will be excused. The Committee will determine, based on a preponderance of evidence (which means whether something is “more likely than not”), whether the Respondent is responsible for a Code violation, and, if so, what sanctions are to be imposed. Once that determination is made, the Committee will send written notice to the Respondent articulating the determination of responsible or not for the alleged violation(s), subsequent sanction(s), if any are imposed, and information about the appeal process described in OAR 577-031-0143.

(7) Appeals of the decision of the Senior Conduct Officer or of the Committee must follow the appeal process outlined in OAR 577-031-0143.

(8) Except as limited by the Dean of Student Life pursuant to OAR 577-031-0139, the Respondent is entitled to all rights and privileges of a student in good standing pending the Senior Conduct Officer’s or the Committee’s resolution of the matter. If the Senior Conduct Officer or the Committee decides to impose sanctions, those sanctions shall be effective immediately upon notice to the Respondent and shall remain in effect pending resolution of any appeal unless (a) the Senior Conduct Officer or the Committee states otherwise in a written notice issued under 577-031-0140(5) or (6) or (b) the Vice President decides to stay the imposition of those sanctions while the appeal is being decided.

Stat. Auth.: ORS 351
Stats. Implemented:
Hist.: PSU 1-1982, f. & ef. 4-22-82; PSU 4-1987, f. 9-30-87, ef. 10-1-87; PSU 2-1988(Temp), f. & cert. ef. 3-15-88; PSU 4-1988, f. & cert. ef. 6-16-88; PSU 1-1994, f. & cert. ef. 1-10-94; PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 1-2007, f. & cert. ef. 1-5-07; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0141

Procedures for Investigations and Notice of Outcomes

When the Senior Conduct Officer has determined that a complaint requires an investigation, the process will proceed as follows:

(1) If a complaint alleges facts that would constitute a sex offense, including sexual harassment, sexual exploitation, non-consensual sexual contact, and non-consensual sexual intercourse, or violate the University’s “Prohibited Discrimination and Harassment Policy,” the Complainant and Respondent will be provided with equivalent opportunities to present relevant witnesses, documents and information during the investigation and, to participate during any hearings or other proceedings.

(2) Pursuant to OAR 577-031-0139, the Dean of Student Life may impose interim actions such as suspension, relocation, or no contact orders between parties, to protect the integrity of the investigation and prevent the recurrence of the alleged code violation.

(3) The Senior Conduct Officer or other investigator will contact the Complainant and Respondent to gather statements, documents, digital records, and other information related to the complaint. The investigator will interview relevant witnesses. The Complainant and Respondent will be kept informed of the status of the investigation.

(4) Complaints will be investigated and resolved, and parties will be notified of the outcome promptly, but not later than sixty (60) Days from the date of the complaint, absent extenuating circumstances.

(5) Hearing result notifications will be provided to Complainants and Respondents consistent with the Family Educational Rights and Privacy Act and other applicable laws.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0142

Procedures for Complaints of Academic Misconduct

(1) Course Instructors have the primary responsibility and purview for responding to academic dishonesty by students enrolled in their respective courses. Course Instructors may issue a zero or a failing grade for the assignment for which the dishonesty was found. Course Instructors may not issue a failing grade for the course unless a failing grade on the assignment in question results in a failing grade for the course, per the syllabus. Instructors may not administratively remove a student from a course.

(2) Departments, programs, colleges, or schools may also address academic dishonesty in accordance with their respective policies and procedures. These entities are limited to the following academic sanctions: (a) Issuing a zero or a failing grade for the assignment for which the dishonesty was found; or (b) suspension or expulsion from the department, program, college or school per the process proscribed by the respective entity.

(3) Any person may submit a written Complaint to the Dean of Student Life alleging that a Student(s) has engaged in academic misconduct. Any charge should be submitted as soon as possible after the activity takes place, preferably within fourteen (14) Days of such activity.

(4) If the Complaint is submitted by anyone other than the Course Instructor, the Complaint will also be referred to the Course Instructor in which the alleged academic misconduct occurred.

(5) Course Instructors who submit a Complaint alleging academic misconduct will be notified of the outcome of their Complaints upon request.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0143

Appeals

(1) Appeals from the decision of the Senior Conduct Officer or the Committee shall be made to the Vice President for Enrollment Management and Student Affairs, whose decision is final.

(2) Appeal requests must be in writing and received by the Vice President within ten (10) Days following the date of the letter notifying the Respondent of the outcome of the hearing.

(3) The request for an appeal must demonstrate why an appeal is required. Appropriate justification may include:

(a) new evidence or information that was not available at the time of the original hearing;

(b) a demonstration that the sanction(s) imposed were outside of the University’s authority; or

(c) demonstrated errors in the conduct process. Justifications described in (a) or (c) will not be a basis for sustaining an appeal unless the deviation would have materially affected the decision of the Committee or the Senior Conduct Officer.

(4) After receiving the request for appeal, the Vice President will review the appeal request, together with any other information the Vice President deems relevant, and determine whether an appeal hearing would assist the Vice President in deciding the appeal. The Vice President may grant an appeal hearing, or not, in his or her best judgment. The Vice President may limit the subject of hearing to the matters that will assist him or her in deciding the appeal.

(5) If the Vice President grants a hearing, the Vice President will facilitate the hearing procedures. All appeal hearings are closed, and the information and supporting documents presented are confidential except as required by law. The appeal hearing is informal and does not follow administrative contested case or courtroom procedures, including formal rules of evidence.

(a) During the appeal hearing, if any, the Respondent may bring up to two (2) third party advisors of his/her choice as long as the availability of the advisor does not interfere with the timeliness of the hearing. The Respondent will be expected to speak for himself or herself at the hearing. The Respondent may elect to have an attorney serve as an advisor. The Respondent must notify the Vice President at least 24 hours prior to the scheduled meeting if his or her attorney will be present. The University assumes no responsibility for any costs associated with such representation.

(b) The Respondent’s failure to cooperate or appear at the appeal hearing will not delay the disposition of the appeal. The Vice President may dismiss the appeal if the Respondent fails to appear at the appeal hearing.

(c) At the appeal hearing, if any, the Senior Conduct Officer or the Chair of the Committee will have the opportunity, within any limits prescribed by the Vice President in granting the appeal hearing, to offer information and to review and respond to all information presented;

(d) At the appeal hearing, if any, the Respondent will have the opportunity to offer information on his or her behalf, within any limits prescribed by the Vice President in granting the appeal hearing, and to review and respond to all information presented.

(e) The Vice President may ask questions of any person present during the appeal hearing. The Vice President may invite questions and comments from advisors or others present. No person other than the Vice President may ask questions of persons present at the hearing.

(f) If the Vice President decides an essential person or piece of information is missing, the Vice President may decide to reconvene the hearing at the earliest practical time that the missing information will be available.

(g) After the Vice President has determined that all the necessary information has been presented and questions answered, the appeal hearing will be closed. The Vice President will determine, based on a preponderance of evidence (which means whether something is “more likely than not”), whether or not the appeal is warranted, and, if so, what subsequent actions may be appropriate.

(h) The Vice President’s decision will be in writing to the Respondent with copies to the Senior Conduct Officer and/or Chair of the Committee.

(6) Sanctions associated with a decision are deemed upheld unless the Vice President specifies otherwise in his or her written decision.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0144

Fees

(1) A Student or Recognized Student Organization or group that has been determined to have violated the Code will be assessed a fee as provided in this rule. In incidents involving more than one violation, a fee will be assessed for the highest level offense only.

(2) The amount of the fee will be determined by the nature of the offense, as follows:

(a) For a Low Level Offense, the first violation will result in a $10 fee, a second violation of the same or similar nature will result in a $20 fee, and the fee will increase by an additional $10 for each subsequent violation of the same or similar nature.

(b) For a Mid Level Offense, the first violation will result in a $20 fee, a second violation of the same or similar nature will result in a $40 fee, and the fee will increase by an additional $20 for each subsequent violation of the same or similar nature.

(c) For a High Level Offense, the first violation will result in a $75 fee, a second violation of the same or similar nature will result in a $100 fee, and the fee will increase by an additional $25 for each subsequent violation of the same or similar nature.

(d) For a Drug or Alcohol Offense, the first violation will result in a $50 fee, a second violation of the same or similar nature will result in a $75 fee, and the fee will increase by an additional $25 for each subsequent violation of the same or similar nature.

(3) The following definitions apply to this rule:

(a) A “Low Level Offense” is any of the following: (i) any violation of the Housing Handbook that is not a High Level Offense or a Drug or Alcohol Offense, unless the offense endangered the health or safety of the Student or others, (ii) Academic Negligence, or (iii) a violation based solely on the use of University computer resources that is alleged to have violated intellectual property rights.

(b) A “Mid Level Offense” is any offense that is not a Low Level Offense, High Level Offense or Drug or Alcohol Offense.

(c) A “High Level Offense” is any of the following: (i) any offense that involved firearms or weapons, (ii) any offense that resulted in physical injury to another, (iii) Sexual Misconduct, (iv) Sexual Assault, (v) Hazing, or (vi) any offense in which the sanction imposed includes suspension, expulsion or negative notation on transcript.

(d) A “Drug or Alcohol Offense” is any offense, that is not a High Level Offense, that included the use or possession of drugs or alcohol in violation of the Code.

(4) The Senior Conduct Officer may waive the imposition of a fee in unique and compelling circumstances.

(5) All fees will be assessed to the University account of the responsible Student or Recognized Student Organization or group.

Stat. Auth.: ORS 351
Stats. Implemented:
Hist.: PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0145

Sanctions

Students or Recognized Student Organizations whose behavior violates this Code may be subject to one or more sanctions, including, but not limited to:

(1) Mediation Intake. Participation in a facilitated discussion about the matter with an option to move forward with a discussion with the Complainant. Mediation involving a Complainant is not an appropriate sanction in a case involving a sex offense as described in OAR 577-031-0141(1).

(2) Assessments. Completion of evaluation(s) and following the recommendations of a qualified professional for treatment and/or education.

(3) Restitution. Those responsible may be required to make monetary restitution, return any stolen or misappropriated property, or provide services to the University or a member of the University community in accordance with the nature of the violation and in an amount not to exceed the actual expenses, damages, or losses incurred.

(4) Educational Assignment. Complete specific assignments or render a designated number of hours of specified service to the University or the community.

(5) Reprimand. Written notice that the conduct in which the Student(s) engaged is inconsistent with the requirements of the Code and that the Student is reprimanded for that conduct. Such notice will also indicate that future violations of the Code may result in the imposition of additional sanctions.

(6) Disciplinary Probation. Constitutes a period of time during which additional violations of the Code will result in sanctions of increased severity. Upon expiration of the period of probation and fulfillment of other sanctions imposed, if any, the Student’s disciplinary probation will be lifted.

(7) Social Probation. Establishes a fixed period of time, not less than one term, in which a student/organization may not be permitted to represent the University or participate in any University, extracurricular, athletic, or other activities. The specifics of the social probation will vary based upon the violation and the individual Student’s circumstances. For example, a Student may be restricted and allowed to participate only in activities directly related to academic pursuits and only be permitted to enter buildings necessary for the completion of academic requirements. Students on social probation may be restricted from attending or purchasing tickets for certain events sponsored by the University including, but not limited to, athletic events, concerts, SALP programs, intramurals, off-campus trips, etc.

(8) No Contact. An order of “No Contact” with another student, faculty member, staff member or University Official. In this case, Respondents or Recognized Student Organizations or groups may be required to organize their on-campus activities in order to avoid contact with designated individuals.

(9) Registration Hold. Students who do not complete assigned sanctions within the time provided may be prevented from registering for classes until completion of those sanctions.

(10) Exclusion from the University Premises or any portion thereof.

(11) Suspension. Loss of the right to be a student at the University for a specific period of time. Suspended Students are not eligible for the privileges and services provided to currently enrolled students, including but not limited to residing in University-owned student housing, registering, attending class, or using other University services or facilities. The suspension may be specified for any length of time.

(a) If a student is suspended, fees will be refunded in accordance with the refund schedule adopted by the Oregon State Board of Higher Education.

(b) If the pending conduct hearing or appeal may result in suspension, award of the academic degree sought will be postponed pending the outcome of the hearing.

(c) Upon expiration of the period of suspension the Student must submit in writing to the Senior Conduct Officer a request for the suspension to be lifted. The request should include a description of the Student’s activities since the suspension went into effect. If the Senior Conduct Officer certifies that all the terms of the suspension have been met and the suspension lifted, the student may register for courses through the regular process, contingent on the completion and/or satisfaction of all sanctions and satisfaction of general admission and registration requirements.

(d) A notation of “Disciplinary Suspension” shall be entered on the student’s transcript for the duration of the suspension. After the suspension period is complete and all other conditions, if any, have been satisfied, the Senior Conduct Officer will notify the Registrar’s Office to lift the Registration Hold, and the notation will be removed from the transcript.

(12) Administrative Removal from a Course. In the case of administrative removal from a particular course, a student will be allowed to continue in all other courses unless otherwise stated. After removal from a course, fees will be refunded in accordance with the refund schedule adopted by the Oregon State Board of Higher Education.

(13) Negative Notation on Transcript. Entry of information onto the student’s permanent academic record regarding his or her violation of the Code and subsequent sanction. The entry may be permanent or temporary. If the notation is temporary, after the expiration of the period of time specified, the notation will be removed upon written request by the student to the Dean of Student Life. If the notation is permanent, “Permanent Negative Notation” on transcript will remain on the Respondent’s transcript indefinitely.

(14) Expulsion. Permanent suspension from the University. A permanent notation is entered on the transcript of an expelled Student: “Permanently expelled for [conduct or academic dishonesty] effective [date]”.

(15) Degree Revocation. A former Student may have his/her degree revoked if the Student is found to have engaged in conduct leading to a degree that, if known at the time the degree was awarded, would have made the Student unqualified for the program or degree.

Stat. Auth.: OR 351
Stats. Implemented:
Hist.: PSU 1-1982, f. & ef. 4-22-82; PSU 4-1987, f. 9-30-87, ef. 10-1-87; PSU 1-1994, f. & cert. ef. 1-10-94; PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0146

Types of Sanctions for Recognized Student Organization or Group Conduct

A Recognized Student Organization or group may be subject to the disciplinary sanctions outlined in OAR 577-031-0145(1)–(8), (10)–(11), or (14), including the temporary or permanent suspension of the organization or group’s official University recognition.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0147

Records

(1) All Complaints, except as described in OAR 577-031-0140(2), involve the creation of a Conduct Record for the Student or Recognized Student Organization or group alleged to have violated the Code. These records are confidential and accessible only to the Respondent and appropriate University Officials and other entities as required by law.

(2) An Expulsion of a Student will be permanently noted in a Student’s general academic record maintained by the Office of Admissions, Records and Registration by means of a notation, which indicates the reason for the action. The Student may include in the record a response to the action taken by the University.

(3) A Suspension of a Student will be noted in a Student’s general academic record maintained by the Office of Admissions, Records and Registration by means of a notation, which indicates the reason for the action until the Suspension is lifted.

(4) All files and records are kept in accordance with OAR 166-475-0110(38).

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

577-031-0148

Interpretation and Revision

(1) Any question of interpretation regarding the Code must be referred to the Vice President for final determination.

(2) The Code should be reviewed every three years or as needed.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 5-2012, f. & cert. ef. 10-11-12

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the 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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