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OREGON UNIVERSITY SYSTEM, OREGON INSTITUTE OF TECHNOLOGY

 

DIVISION 33

STUDENT CONDUCT CODE

578-033-0210

Purpose

(1) It is the responsibility of all persons associated with the college -- students, faculty, administrators, and alumni -- to strive to maintain and improve a campus climate for learning and respect for human dignity in all relations among students, faculty, and administrators; to represent the College in a broader social community in a manner consistent with the principles and purposes of the College; and to respect the rules and regulations by which OIT is governed and abide by the standards of conduct set forth below. These standards of conduct are designed to promote individual and group governance in accordance with dignity, decency, and maturity. In particular, such standards are directed toward social and living relationships pertinent to the College campus. It is assumed that individuals recognize their responsibility to the College community and that ultimately they can be held accountable by other members of the community for failure to assume those responsibilities. The College's disciplinary jurisdiction over students and student organizations extends six months beyond the last date of enrollment, registration, or recognition. This jurisdiction applies to all cases except plagiarism or fraudulently obtaining a degree, which have no termination date.

(2) Standards of conduct are authorized to establish such standards and rules by concurrent action of the Student Senate and the Faculty Senate with approval of the President of the College acting on behalf of the Oregon State Board of Higher Education. Standards of conduct represent the best consensus that has been achieved through the active participation of the various constituent parts of the College community. As such, these are community expectations and neither legal prescriptions nor moral absolutes. Measures taken in regard to those who do not conform to these standards are not punishment for actions committed, but are sanctions for failure to fulfill responsibility.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OIT 4(Temp), f. & ef. 9-22-76; OIT 9, f. & ef. 1-26-77; OIT 9-1991, f. & cert. ef. 10-22-91

578-033-0220

Responsibility of Individuals, Conduct Regulations

The following actions are prohibited by the College and will normally result in initiation of disciplinary proceedings against a student.

(1) Academic dishonesty -- Honesty in academic work is a central element of learning. Academic dishonesty includes presentation of another individual's work as one's own and also includes, but is not limited, to:

(a) Plagiarism is defined as submitting material in assignments, examinations, and other academic work which is not the work of the student in question and where there is no clear and appropriate indication in the text of the assignment that the work is not that of the student;

(b) Cheating is defined as submitting material in assignments, examinations, or other academic work which is based upon sources forbidden by the instructor. Cheating also means the furnishing of materials to another person for purposes of aiding the other person to cheat.

(2) Illegal use, possession, or distribution of drugs on institutionally owned or controlled property.

(3) Falsification or misuse, including forgery, alteration, or fraudulent misuse, of college records, permits, documents, or identification card.

(4) Knowingly furnishing false or incomplete information to the College in response to an authorized request.

(5) Disorderly, lewd, indecent, or obscene conduct or behavior, including, but not limited to, that which disrupts the orderly functioning of the academic community or interferes with an individual's pursuit of an education on College owned or controlled property or during an authorized College class, field trip, seminar, competition, or other meeting or College related activity on or off College property.

(6) Detention or physical abuse of any person or conduct which threatens imminent bodily harm or endangers the health of any person on any institutionally owned or controlled property or at any college related activity off college property.

(7) Malicious destruction, damage, or misuse of institutional property or the property of any other person or group where such property is located on institutionally owned or controlled property, or regardless of location is in the care, custody, or control of the institution.

(8) Theft or conversion of College owned or controlled property.

(9) Hazing or any practice by a group or individual that degrades a student, endangers the student's health and safety or interferes with the individual's pursuit of an education.

(10) Sexual harassment -- Any unwelcome and unwanted sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of employment or participation in a college related activity; or

(b) Submission to or rejection of such conduct by an individual is used as a basis for employment or college related decisions affecting such individual; or

(c) Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creates an intimidating, hostile, or offensive working or learning environment.

(11) Sexual assault.

(12) Rape.

(13) Intentional obstruction or disruption of teaching, research, administration, disciplinary procedures, or other institutional activities, including the institution's public service functions or other authorized activity on institutionally owned or controlled property, obstruction or disruption which interferes with the freedom of movement, both pedestrian and vehicular, on institutionally owned or controlled property.

(14) Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentality on institutionally owned or controlled property except as expressly authorized by law or institutional regulation.

(15) Unauthorized entry into or use or defacement of institutional facilities including residence halls, and other buildings and grounds including unauthorized entry into or presence in a College building after its closing hours, unauthorized erection or use on College property of any structures including specifically, but not limited to, tents, huts, gazebos, shelters, platforms, and public address systems; unauthorized sales of food, merchandise, or service; unauthorized use of college property for dances, and concerts, assemblies, meetings, sleeping, cooking, or eating if said activity interferes with the operation of the college or the surrounding community.

(16) Publication, posting, or distribution on college property or at authorized college activities of material that violates the laws of libel, copyright, (including duplication of any copyrighted computer software), postal regulations or any other law or statute.

(17) Failure to comply with an order of a college official or law enforcement officer acting in the performance of their duties on campus including, but not limited to, an order to leave such premises.

(18) Illegal or unauthorized possession, consumption, or sale of alcoholic beverages, or the furnishing or possession of alcoholic beverages to persons under the age of 21 years on college property, or possession and consumption of alcoholic beverages in unauthorized areas by those over 21.

(19) Traffic offenses listed under the OIT regulations governing traffic control.

(20) Contempt of adjudicative proceedings, including impairing or interrupting the due course of proceedings in the presence of any tribunal created under this code.

(21) Intentionally assisting in or being an accessory to a violation of the OIT Student Conduct Code.

(22) Tampering with fire-fighting equipment, turning in a false alarm, or engaging in behavior that constitutes a significant fire hazard.

(23) Unauthorized access and use of any computer account not issued directly to the student by Computing Services. This includes, but is not limited to, log on to the account, access to programs, and reading or alteration of computer records.

(24) Any other conduct regulations proscribed in OAR 580-022-0045.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OIT 4(Temp), f. & ef. 9-22-76; OIT 9, f. & ef. 1-26-77; OIT 9-1991, f. & cert. ef. 10-22-91

578-033-0230

Disciplinary Sanctions

(1) The authority for sanctions for students who fail to accept responsibility to abide by the Standards of Conduct is provided in the Administrative Rules of the Oregon State Board of Higher Education, OAR 580-033-0200 and 580-042-0410. The specific authority for applying sanctions for student failure to accept responsibility to abide by Standards of Conduct is vested in the President of the College who has in part delegated this authority to the Dean of Students.

(2) The following sanctions may be imposed as a result of any disciplinary hearing. Sanctions may be imposed only after a disciplinary hearing at which the student has had the opportunity to be present.

(3) Students whose behavior or acts violate any of the Standards of Conduct are subject to:

(a) Loss of Privileges -- Denial of on-campus use of an automobile for a specified period of time, removal from the Residence Hall complex, or other loss of privilege including the use of specific College facilities consistent with the offense committed;

(b) Fines -- Financial assessment imposed by the Hearing Officer;

(c) Restitution -- Reimbursement by transfer of property or services to the College as a member of the College community in an amount not in excess of the damages or loss incurred;

(d) Warning -- Official notice to a student that certain conduct or actions are in violation of the Student Conduct Regulations. The continuation of such conduct or actions may result in further disciplinary action;

(e) Disciplinary Probation -- A period of observation and review of conduct during which the student must demonstrate compliance with the Student Conduct Regulations;

(f) Deferred Suspension -- A period of observation and review during which time, if a student is found to have violated College regulations, suspension will result;

(g) Suspension -- Exclusion for a period of time, generally from two terms to one year, after which application may be made for readmission. Suspension means a student is denied any privileges and services of the institution 24 hours after notification of the suspension and during the period specified. Privileges and services include that of residing in the Residence Hall during the period of suspension, attending classes, or using other college facilities;

(h) Expulsion -- Permanent exclusion from the College;

(i) Revocation of degree -- An academic degree previously awarded by the College may be revoked on proof that it was obtained by fraud or that a significant part of the work submitted in fulfillment of, and indispensable to, the requirements for such degree was plagiarized. The Academic Progress and Petitions Committee may, upon appeal of a college graduate subjected to a degree revocation, stipulate the requirements for legitimately obtaining the degree;

(j) A combination of any of the above sanctions.

(4) Any student charged with an offense under the Student Conduct Code which can result in suspension, expulsion, or monetary penalty or payment is entitled to a contested case hearing unless:

(a) The student signs a written waiver of right to a hearing under the contested case procedure;

(b) The case involves collection of fees or fines for parking, improper parking, or traffic fines or penalties.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OIT 4(Temp), f. & ef. 9-22-76; OIT 9, f. & ef. 1-26-77; OIT 9-1991, f. & cert. ef. 10-22-91

578-033-0240

Contested Case

(1) A contested case exists whenever a constitutional provision or a state or federal statute requires that individual legal rights, duties, or privileges be determined by an institutional hearing upon the matter and the student submits in writing to the Dean of Students a request to have a contested case hearing. Within ten days after receipt of the request for a hearing, the institution shall give notice to all parties concerned with the contested case. The notice shall include:

(a) A statement of the time and place of the hearing, name of the hearing officer or commission, hereafter referred to as hearing officer, and name and title of the person who is authorized by the institution to issue a final order after the hearing;

(b) A statement of the authority and jurisdiction under which the hearing is to be held;

(c) A reference to the particular sections of the statutes and rules which the institution deems to be involved;

(d) A short and plain statement of the matters asserted or charged;

(e) A statement that the party may be represented by counsel at the hearing;

(f) A statement that the contested case hearing is being held at the request of the student.

(2) The notice shall be served personally or by registered or certified mail sent to the address of the student as shown on the records in the Registrar's Office.

(3) Should the student sign a written waiver to a contested case hearing, the Dean of Students, or the designated hearing officer should hear the case informally. This hearing officer shall then have the power to recommend the same sanctions as in a contested case hearing.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OIT 4(Temp), f. & ef. 9-22-76; OIT 9, f. & ef. 1-26-77; OIT 9-1991, f. & cert. ef. 10-22-91

578-033-0241

Order If a Student Fails to Appear

(1) When the student fails to appear at the specified time and place, or at the time to which the hearing may have been continued by mutual consent or by order of the hearing officer, this institution shall issue an order based on the information available to it.

(2) The order supporting the action of this institution shall set forth the material on which the action is based or the material shall be attached to and made a part of the order.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OIT 4(Temp), f. & ef. 9-22-76; OIT 9, f. & ef. 1-26-77

578-033-0242

Subpoena, Deposition

(1) The institution's hearing officer shall issue subpoenas in hearings on contested cases on a showing of need, relevancy to the issues stated in the notice of the hearings, and a showing that the evidence to be elicited from the witness or witnesses will be reasonably within the scope of the proceedings.

(2) An interested party may petition the institution for an order that the testimony of a material witness be taken by deposition. Depositions may also be taken by the use of audio or audiovisual recordings.

(3) On petition of any party to a contested case, the institution may order the testimony of any material witness be taken by deposition in the manner prescribed by law for depositions in civil actions. The petition shall set forth:

(a) The name and address of the witness whose testimony is desired;

(b) A showing of the materiality of the testimony;

(c) A request for an order that the testimony of such witness be taken before an officer named in the petition for that purpose.

(4) Fees and mileage shall be paid to the witnesses by the applicant for the subpoena in the amounts determined by statutes applicable to witnesses in civil actions, except that fees and mileage are not required to be paid to officers and employees of this institution.

(5) If the institution issues an order for the taking of a deposition and the witness resides in the state and is unwilling to appear, the hearing officer may issue a subpoena requiring the appearance of the witness as provided in ORS 183.440.

(6) Service of subpoena and payment of witness and mileage fees shall be the responsibility of the applicant.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OIT 4(Temp), f. & ef. 9-22-76; OIT 9, f. & ef. 1-26-77; OIT 9-1991, f. & cert. ef. 10-22-91

578-033-0243

Hearing

(1) The hearing shall be conducted by and shall be under the control of the hearing officer.

(2) Subject to the discretion of the hearing officer, the hearing shall be conducted in the following manner:

(a) Statement and evidence of institution officials or employees in support of the institution's action;

(b) Statement and evidence of affected persons disputing the institution's action;

(c) Rebuttal testimony.

(3) The hearing officer and the affected parties and this institution or their attorneys shall have the right to question or examine or cross-examine any witness.

(4) The hearing may be continued with recesses as determined by the hearing officer.

(5) The hearing officer may set reasonable time limits for oral presentation.

(6) Exhibits shall be marked and the markings shall identify the person offering the exhibits. The exhibits shall be preserved by this institution as part of the record of the proceedings.

(7) A verbatim oral, written, or mechanical record shall be made of all motions, rulings, and testimony. The record need not be transcribed unless requested for purposes of rehearing or court review. The college may charge the party requesting transcription the cost of a copy of transcription, unless the party files an appropriate affidavit of indigency. However, upon petition, a court having jurisdiction to review under ORS 183.480 may reduce or eliminate the charge upon finding that it is equitable to do so, or that matters of general interest would be determined by review of the order of the college.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OIT 4(Temp), f. & ef. 9-22-76; OIT 9, f. & ef. 1-26-77; OIT 9-1991, f. & cert. ef. 10-22-91

578-033-0244

Evidentiary Rules

(1) Evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible.

(2) All offered evidence, not objected to, will be received by the hearing officer subject to his power to exclude irrelevant, immaterial, or unduly repetitious matter.

(3) Evidence objected to may be received by the hearing officer with rulings on its admissibility to be made when offered, at a later time during the hearing or at the time a final order is issued.

(4) The institution may take notice of judicially cognizable facts, and may take official notice of general, technical or scientific facts within specialized knowledge. Parties shall be notified at any time during the proceeding but in any event prior to the final decision of material officially noticed and they shall be afforded an opportunity to contest the facts so noticed. The institution may utilize experience, technical competence and specialized knowledge in the evaluation of the evidence presented to it.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OIT 4(Temp), f. & ef. 9-22-76; OIT 9, f. & ef. 1-26-77; OIT 9-1991, f. & cert. ef. 10-22-91

578-033-0245

Proposed Orders on Contested Cases; Filing of Exceptions and Arguments

(1) If the majority of officials who are to render the final order have not heard the case and considered the record, and the order is adverse to a party (excluding this institution), a proposed order including findings of fact and conclusions of law shall be served upon the parties.

(2) When the contested case is heard by a commission, the proposed order shall be as determined by majority vote of the commission.

(3) The adversely affected parties shall be given the opportunity to file exceptions and present argument to the official who renders the final order prior to its issuance.

(4) The proposed order shall become final after the 30th day following the date of service of the proposed order, unless the institution within that period issues an amended order.

(5) If the institution determines that additional time will be necessary to allow for adequate review of a proposed order, the institution may extend the time after which the proposed order will become final by a specified period of time. The institution shall notify all parties to the hearing of the period of extension.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OIT 4(Temp), f. & ef. 9-22-76; OIT 9, f. & ef. 1-26-77; OIT 9-1991, f. & cert. ef. 10-22-91

578-033-0246

Final Orders on Contested Cases; Notification

(1) Final orders on contested cases shall be in writing and include the following:

(a) Rulings on admissibility of offered evidence if the ruling was deferred to that time;

(b) Findings of fact -- Those matters which are either agreed as fact or which, when disputed, are determined by the fact-finder, on substantial evidence, to be facts even though there are contentions to the contrary;

(c) Conclusions of law -- Applications of the controlling law and rules to the facts found and the legal results arising therefrom;

(d) Order -- The action taken by this institution as the result of the findings of fact and conclusions of law.

(2) Parties to contested cases and their attorneys of record shall be served a copy of the final order. Parties shall be notified of their right to judicial review of the order.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OIT 4(Temp), f. & ef. 9-22-76; OIT 9, f. & ef. 1-26-77

578-033-0252

Appeals

(1) Within the College structure, there is an opportunity for appeals from decisions made by the student governing group, discipline committees, and College administrators. Particular care is taken to provide safeguards in any action which significantly alters the students' status at the college, i.e. changes the living situation, prohibits the student from participation in certain activities, or suspends the student from the institution.

(2) Any questions regarding appeal procedures should be directed to the Dean of Students.

(3) Disciplinary action taken by the Residence Hall Judicial Board, or a designated hearing officer may be appealed to the Dean of Students

(4) Disciplinary action taken by the Dean of Students is subject to appeal to the President of the College. The appeal of a disciplinary action and the justification thereof must be submitted to the President in writing:

(a) Filing of an appeal must be made within a seven-day period following the date the action is taken;

(b) Specific justification for an appeal must be submitted in writing by the student. New evidence may be used as grounds to make a request for a new hearing;

(c) The request for a new hearing and/or an appeal shall include specific justification (errors, failure to consider all of the evidence presented, or any other error or action which denied the student a fair and due process hearing);

(d) The President will review the records involved with the appeal or request for rehearing and decide upon one of two actions:

(A) That the action taken stand; or

(B) That the case be referred to the hearing officer or the Dean of Students for further deliberation and/or rehearing.

(5) A student suspended for misconduct who wishes to return to the College must apply for re-instatement by writing to the Dean of Students.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OIT 4(Temp), f. & ef. 9-22-76; OIT 9, f. & ef. 1-26-77; OIT 9-1991, f. & cert. ef. 10-22-91

578-033-0260

Utilization of Hearing Officers as a Contingency Measure

If the President determines that the commission and/or administrators are not operating adequately because of an inability to schedule all cases for prompt hearing or because of repeated or continuous disruption of normal proceedings, he may temporarily set aside and/or supplement the Student Conduct Code Procedures by appointing a hearing officer or officers. When hearing officers are appointed as a contingency measure, they shall be persons outside of the College community and shall be practicing attorneys or persons otherwise considered qualified to serve in this capacity. The hearing officer will be directed to hear individual student discipline cases in accordance with due process procedures and to recommend to the President appropriate action in each case.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OIT 4(Temp), f. & ef. 9-22-76; OIT 9, f. & ef. 1-26-77

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