PSU Student Code of Conduct
Click on the links below to go to specific sections of the Portland State Code of Student Conduct and Responsibility or scroll down to read the document in its entirety.
General Statement of Authority
Conduct Proscribed by the State Board of Higher Education
Conduct Proscribed by Portland State University
Procedures for Complaints Against Recognized Student Organizations or Groups
Procedures for Complaints Against Students in University Housing
Procedures for Emergency Action
Procedures for Complaints Against Individuals
Procedures for Matters Involving Allegations of Sexual Offenses
Procedures for Complaints of Academic Dishonesty
Types of Sanctions for Recognized Student Organizations or Group Conduct
OREGON STATE SYSTEM OF HIGHER EDUCATION,
PORTLAND STATE UNIVERSITY
DIVISION 031
CODE OF STUDENT CONDUCT AND RESPONSIBILITY
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 September 28, 2009 and supersedes all other previous student conduct codes.
Stat. Auth.: ORS 351
Stats. Implemented:
Hist.: PSU 1-1982, £. & e£ 4-22-82; PSU 1-1994, £ & cert. e£. 1-10-94; PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06;
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) or other groups of Students.
Stat. Auth.: ORS Ch. 351
Stats. Implemented:
Hist.: PSU 1-1982, £. & cert. e£. 4-22-82; PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06;
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 DOS alleging that a student(s), 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 Students 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 Students” or “Dean” or “DOS” 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.
(8) “Effective Consent” is a voluntary, non-coerced and mutually understandable communication indicating a willingness to participate in a particular act.
(9) A “Hearing Officer” is a University Official designated to adjudicate cases by the Senior Conduct Officer.
(10) 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
(11) A “Mental Disorder” is a diagnosable mental disease or disorder that limits a person’s ability to make a knowing or voluntary decision.
(12) “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.
(13) A “Recognized Student Organization” is a group of five or more eligible 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.
(14) A “Respondent” is a Student who is alleged to have engaged in conduct proscribed by the Code.
(15) 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.
(16) 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.
(17) 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.
(18) A “University Official” is any person performing assigned administrative or professional responsibilities on behalf of the University.
(19) The “University Premises” are all lands, buildings, facilities, and other property owned, in the possession of, used, or controlled by the University.
(20) 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.
(21) 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
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 Office of the Dean of Students, 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
577-031-0133
Jurisdiction
(1) The provisions of OAR 577-031-0135 and OAR 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 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 student misconduct will occur expediently without regard to the status of any off-campus 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
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 firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on University-owned or -controlled property, unless expressly authorized by law, Board or PSU rules (for purposes of this section, absence of criminal penalties shall not be considered express authorization).
(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
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
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 dishonesty. Academic dishonesty is the act of knowingly or intentionally seeking to claim credit for the work or effort of another person or participation in such acts. 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) for other persons; (f) Unauthorized disclosure or receipt of academic information; (g) Falsification of research data; and (h) Unauthorized collaboration.
(2) Academic negligence. Academic negligence is unknowingly or unintentionally claiming credit for the work or effort of another person.
(3) 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 University Official.
(4) Forgery, alteration or unauthorized use of University documents, records, identification or resources.
(5) Behavior that constitutes a possible threat to the health or safety of self or others.
(6) 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 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.
(7) Harassment. Harassment is a course of conduct directed at a specific individual or individuals that causes or is intended to cause significant emotional distress and serves no legitimate purpose.
(8) Sexual harassment. Sexual harassment is unwanted or unwelcome sexual advances or requests for sexual favors and other verbal or physical conduct of a sexual nature where: (a) submission or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual's employment or participation in a University Sponsored Activity; (b) submission to or rejection of such conduct by an individual is used as a basis for academic or employment decisions affecting the individual; or (c) such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance, or of creating an intimidating, hostile or offensive educational or working environment.
(9) Sexual misconduct. Sexual misconduct is sexual conduct, or the threat of such conduct, that is predatory in nature and that a reasonable person in the circumstances would consider offensive or likely to be harmful to others. Sexual misconduct may include, but is not limited to, the exposure of one’s sexual organs or the display of sexual behavior.
(10) Sexual assault. Sexual assault is defined as unwanted sexual contact of any kind or threat of such contact or attempt to engage in such conduct. Sexual contact includes vaginal, oral or anal sex, touching the intimate parts of another person, or causing a person to touch the intimate parts of another person. Sexual conduct is “unwanted” if no Effective Consent is given or if the student 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.
(11) Tampering with the election of any student, Recognized Student Organization or group.
(12) 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.
(13) 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 University sponsored or supervised activities.
(14) Smoking in unauthorized areas.
(15) Public indecency, such as exposing the intimate parts while in a public place or a place visible from a public place.
(16) 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.
(17) 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. University disciplinary proceedings may be instituted against a student 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.
(18) Violation of any University 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, and the University Computer and Acceptable Use Policy.
(19) 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.
(20) A violation of any sanctions imposed as a result of previous disciplinary proceedings under the Code.
(21) 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, £. & cert. 10-22-02; PSU 4-2006, f & cert. ef. 8-22-06
577-031-0137
Procedures for Complaints Against Recognized Student Organizations
(1) Complaints submitted to the Office of the Dean of Students (DOS) against a Recognized Student Organization may be referred to a Hearing Officer of the department or unit to which the group is most closely affiliated. The Hearing Officer 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 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
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
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) Hearing Officer will follow the procedures outlined in the Housing Handbook.
Stat. Auth.: ORS 531
577-031-0139
Procedures for Emergency Action
(1) If the Dean of Students determines that a Student presents a significant risk of substantial harm to the health or safety of the Student or 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 531
577-031-0140
Procedures for Complaints Against Individuals
(1) Any person may submit a written complaint to DOS 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 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 Office of the Dean of Students to determine if the complaint is reasonable. If the Senior Conduct Officer determines that there are not reasonable grounds for the complaint, the complaint will be dismissed and no record will be kept. If there are reasonable grounds for the complaint the process will proceed as outlined below.
(3) Within a reasonable time from the receipt of a complaint, the Senior Conduct Officer will send written notice to the Respondent(s) (with reference to the specific section of this Code allegedly violated). This notice will advise the Respondent of the allegations and request a meeting to investigate the matter. If the Respondent fails to attend the initial meeting, the complaint will be adjudicated and the Respondent will be sent written notice of the outcome.
(4) During the initial meeting, the Senior Conduct Officer will review the complaint with the Respondent and determine which hearing body will hear the complaint.
(5) If the Senior Conduct Officer hears the case, the Respondent will be given an opportunity to explain the alleged behavior and will be informed of the information supporting the charge. All hearings are closed and information presented and supporting documents are confidential except as required by law. The hearing is informal and does not follow administrative contested case or courtroom procedures. (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 him or her self 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 Office of the Dean of Students 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 has 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 a Code violation exists. 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.
(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 information presented and supporting documents are confidential except as required by law. The hearing is informal and does not follow administrative contested case or courtroom procedures. (a) If the Respondent fails to attend the meeting, the Committee will proceed with the hearing 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 him or her self 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 Office of the Dean of Students 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 has 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. 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. (e) After the Chairperson has determined that all the necessary information has been presented and questions answered, the Committee goes into executive session and all persons are excused. The Committee is to determine, based on a preponderance of evidence (which means whether something is “more likely than not”), whether a Code violation exists, 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.
(7) The hearing process will make an effort to consider the rights and needs of the Complainant in decisions related to sanctions such as restitution.
(8) Appeals of the decision of the Senior Conduct Officer or of the Committee must follow the process outlined in OAR 577-031-0144. If no appeal is filed, sanctions will take effect upon expiration of the time period allocated for appeal. If an appeal is filed, the imposition of sanctions are stayed pending resolution of the appeal.
(9) Except as limited by the Dean pursuant to OAR 577-031-0139, the Respondent is entitled to all rights and privileges of a student in good standing pending resolution of the matter.
Stat. Auth: ORS 351
Stats. Implemented:
Hist.: PSU 1-1982, £ & e£ 4-22-82; PSU 4-1987, £ 9-30-87, e£ 10-1-87; PSU 2-1988(Temp), £ & cert. e£. 3-15-88; PSU 4-1988, £ & cert. e£. 6-16-88; PSU 1-1994, £ & cert. e£. 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
577-031-0141
Procedures for Matters involving Allegations of Sexual Offenses
As required by the Jeanne Cleary Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 USC 1092(f), if a Complaint alleges facts that would, if proven, constitute a sex offense for purposes of the Cleary Act, then: (a) The Complainant may be present during the proceedings (including any appeal) and is entitled to the same opportunities as provided to the Respondent to have other present during the proceedings; and (b) the Complainant is to be informed of the final determination with respect to the alleged offense and any sanction imposed against the Respondent.
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
577-031-0142
Procedures for Complaints of Academic Dishonesty
(1) Course Instructors have the primary responsibility and purview to respond to academic dishonesty with 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 disenroll 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 DOS alleging that a student(s) has engaged in academic dishonesty. Any charge should be submitted as soon as possible after the activity takes place, preferably within fourteen days of such activity.
(4) If the complaint is submitted by anyone other than the Course Instructor, the complaint is also referred to the Course Instructor in which the alleged academic dishonesty occurred.
(5) Faculty submitting a complaint alleging academic dishonesty will be notified of the outcome of this complaint 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
577-031-0143
Appeals
(1) Appeals from the decision of the Senior Conduct Officer or the Committee shall be made to the Vice Provost for Student Affairs, whose decision is final.
(2) Appeals must be in writing and filed with the Vice Provost for Student Affairs within ten (10) working days following the date of the letter notifying the Respondent of the outcome of the hearing.
(3) The request for an appeal must include specific justification, such as: errors, failure to consider all of the evidence presented, or any other action, including any new evidence not known at the time of the original hearing, which denied the student a fair hearing.
(4) During the appeal hearing, 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 Provost of Student Affairs 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.
(5) The Vice Provost of Student Affairs may dismiss the appeal if the Respondent fails to appear at the appeal hearing.
(6) During the appeals hearing:
(a) The Senior Conduct Officer or the Chair of the Committee will have the opportunity to offer information and to review and respond to all information presented;
(b) The Respondent will have the opportunity to offer information and to review and respond to all information presented;
(c) The Vice Provost of Student Affairs may ask questions of any person present during the hearing. The Vice Provost of Student Affairs may invite questions and comments from advisors or others present. No person other than the Vice Provost for Student Affairs may ask questions of persons present at the hearing.
(d) If the Vice Provost of Student Affairs decides an essential person or piece of information is missing, the Vice Provost of Student Affairs may decide to reconvene the hearing at the earliest practical time that the missing information will be available.
(7) After the Vice Provost of Student Affairs has determined that all the necessary information has been presented and questions answered, the appeals hearing will be closed. The Vice Provost of Student Affairs will determine, based on a preponderance of evidence, whether or not the appeal is warranted, and, if so, what subsequent actions may be appropriate.
(8) The Vice Provost of Student Affairs’ decision will be in writing to the student with copies to the Senior Conduct Officer and/or Chair of the Committee.
(9) Pending resolution of an appeal, the student is entitled to all rights and privileges of a student in good standing except as provided in OAR 577-031-0139.
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
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
577-031-0145
Sanctions
Students or student groups and organizations whose behavior violates this Code may be subject to one or more sanctions, including, but not limited to:
(1) Mediation. Participation in a facilitated discussion with the Complainant.
(2) Assessments. Completion of an 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/organization’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/organizations 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 or University Official. In this case, students 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) The conditions of suspension take effect immediately after the student has been informed of the decision and the time limit for an appeal has expired. If an appeal is filed, the imposition of the suspension will be stayed until the conclusion of the appeal process. 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” is 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) 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 DOS. If the notation is permanent, “Permanent Negative Notation” on transcript will remain on the Respondent’s transcript indefinitely.
(13) Expulsion. Permanent suspension from the University. A permanent notation is entered on the transcript: “Permanently expelled for [conduct or academic dishonesty] effective [date]”.
(14) 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 £ & e£ 4-22-82; PSU 4-1987, £ 9-30-87, e£ 10-1-87; PSU 1-1994, £ & cert. e£ 1-10-94; PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06
577-031-0146
Types of Sanctions for Recognized Student Organization or Group Conduct
A Recognized Student Organization or group is subject to the appropriate disciplinary sanctions outlined in OAR 577-031-0145, 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
577-031-0147
Records
(1) All complaints involve the creation of a conduct record for the student or 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 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 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
577-031-0148
Interpretation and Revision
(1) Any question of interpretation regarding the Code must be referred to the Vice Provost for Student Affairs or his/her designee for final determination.
(2) The Code should be reviewed every five 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
