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
Proscribed Conduct by the State Board of Higher Education
Proscribed Conduct by Portland State University
Procedures for Complaints Against Student Organizations or Groups
Procedures for Complaints Against Individuals
Special Procedures for Matters Involving Sexual Assault
Procedures for Complaints of Academic Dishonesty
Types of Sanctions for 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 ("PSU" or "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 or student organization or group whose conduct is determined incongruent with the standards of the University as described in this Code of Student Conduct and Responsibility (the "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 Code will be applied without regard to age, ability, ethnicity, gender, race, religious or political affiliation, or sexual orientation.
(4) The procedures of this Code consider each case individually and informal resolution of student conduct complaints will be sought whenever possible.
(5) 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.
(6) This Code becomes effective on September 25, 2006 and supersedes all other previous student conduct codes.
Stat. Auth.: ORS 351.070 Hist.: PSU 1-1982, £. & e£ 4-22-82; PSU 1-1994, £ & cert. e£. 1-10-94
577-031-0130
Applicability
(1) This Code applies to any student as defined in OAR 577-031-0131 (2)
(2) This Code applies to any group or organization as defined in OAR 577-031-0131(3).
Stat. Auth.: ORS Ch. 351 Hist.: PSU 1-1982, £. & c£. 4-22-82
577-031-0131
Definitions
(1) "Code" means this Code of Student Conduct and Responsibility.
(2) A "student" is defined as any person who: (a) Has submitted an application for admission, financial aid, or any other service provided by the University that requires student status; (b) Is registered for one or more credit hours; (c) Is enrolled in a special non-credit program approved by the University; or (d) Was enrolled as a student or registered as a recognized student organization within the last six months.
(3) A "student organization or group" is an assembly of students recognized to be living or acting together, electing officers, assessing dues or fees for their mutual benefit, officially affiliated with an academic unit or department because of common interest and mutual benefit, and/or which has applied for and received recognition from the Student Organization Council, ASPSU, Student Fee Committee of ASPSU, Campus Recreation or Student Activities and Leadership Programs.
(4) "Course Instructor" means any person employed by the University to conduct classroom activities or who has an official instructional function with the University.
(5) "University Official" means any person employed by the University performing assigned administrative or professional responsibilities.
(6) "Member of the University Community" means any person who is a student, faculty, University Official or any other person employed or officially recognized as a University associate.
(7) "University" means Portland State University, or any part, program, department, or division within Portland State University.
(8) "University Premises" means all land, buildings, facilities, and other property owned, in the possession of, used, or controlled by the University.
(9) "University Sponsored Activity" meaning 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, and student organization-hosted programs or events.
(10) An "individual violation" is a violation of University policy committed by an individual student acting alone or in concert with other individual(s) independent of or as part of a group or organization or its activities and events.
(11) An "organization violation" is a violation of University policy and regulations committed by a student organization or group.
(12) "Senior Conduct Officer" refers to 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.
(13) "Dean of Students" (Dean) refers to 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.
(14) "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).
(15) The term "shall" is used in the imperative sense.
(16) The term "may" is used in the permissive sense.
(17) The term "day" means 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.
(18) The "Student Conduct Committee" (the "Committee") is composed of persons appointed by the President of the University to adjudicate violations of the Code. The Committee is a 12-month administrative committee that begins service fall quarter of each academic year. Committee members serve staggered terms of two years from the date of appointment or until a successor is appointed. The Committee consists of four faculty members. Appointment for chairmanship and other nominations for faculty membership are made to the President by the Committee on Committees. Three students are appointed by the President. In addition, two alternate faculty members and two alternate student members will be appointed to serve in the event of vacancy, absence, or other inability to serve. Additional alternates may be appointed as necessary.
Stat. Auth.: ORS 351
577-031-0132
General Statement of Authority
(1) The Senior Conduct Officer shall 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.
(2) The Senior Conduct Officer may designate a mediator of disputes in cases that are not direct violations of the Code. All parties must agree to mediation and are bound by the decision with no right to appeal.
Stat. Auth.: ORS 351
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 or the activity of a student organization or group, regardless of location; and to off-campus conduct that has a rational nexus to the University and/or the pursuit of its objectives; or when the behavior poses a clear threat to any person on University Premises or at University Sponsored Activities. 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
577-031-0135
Proscribed Conduct 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 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 351.070
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
577-031-0136
Proscribed Conduct by Portland State University
The following constitutes conduct proscribed by Portland State University for which a student or 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 Premises, or any other location where teaching, research, administration, disciplinary procedures or other University Sponsored Activities take place.
(2) All forms of academic dishonesty, cheating, and fraud, including but not limited to: (a) plagiarism, which includes, but is not limited to, word for word copying, using borrowed words or phrases from original text into new patterns without attribution, or paraphrasing another writer's ideas; (b) The buying and selling of all or any portion of course assignments and research papers; (c) Performing academic assignments (including tests and examinations) for other persons; (d) Unauthorized disclosure and receipt of academic information; and (e) Falsification of research data.
(3) Illegal or unauthorized use or other misuse of University computer and network facilities which includes any behavior that constitutes a violation of the University Computer and Acceptable Use Policy.
(4) 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.
(5) Forgery, alteration or unauthorized use of University documents, records, identification or resources.
(6) Unauthorized possession or use of keys to University facilities, including buildings, offices, desks, files or equipment, which includes any behavior that constitutes violation of the University's Key Policy.
(7) Behavior that constitutes a clear and present danger to an individual(s) or to one's self on University Premises.
(8) Stalking, defined as 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.
(9) Harassment which includes but is not limited to: (a) verbal or physical conduct by an individual based on another individual's age, ability, national origin, race, marital status, religion, sex or sexual orientation that interferes or prevents the person from conducting his or her usual affairs, puts the person in fear of his or her safety, or causes the person to suffer physical injury; or (b) conduct less than a physical attack or interference with a person, such as hazing or threatening action, which is intended to subject another person to offensive physical contact, physical injury, property damage, or cause physical impact, such as making threatening phone calls, sending or posting (electronically or otherwise) threatening letters, or the vandalism or misappropriation of a person's property.
(10) Sexual harassment, defined as unwanted and 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.
(11) Sexual misconduct, defined as (a) unwanted sexual conduct which includes but is not limited to the exposure of one's sexual organs or the display of sexual behavior that would be unreasonably offensive to others; or (b) unwanted sexual contact of any kind, or threat of such contact, including vaginal, oral or anal sex, touching the genitalia or causing a person to touch the genitalia of another. Sexual conduct or contact shall be considered "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. (i)"Effective Consent" is a voluntary, non-coerced and mutually understandable communication indicating a willingness to participate in a particular act. (ii) "Mental or physical impairment" refers to the victim's inability 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 (iii) "Mental Disorder" means that the person has a diagnosable mental disease or disorder that limits the person's ability to make a knowing or voluntary decision. (iv) "Mental Incapacitation" means that a person is rendered 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.
(12) Tampering with the election of any student, student organization or group.
(13) Hazing, defined as conduct which subjects a person to bodily danger or physical harm or to the likelihood of bodily danger or physical harm, or to require, authorize or permit 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.
(14) Illegal use and abuse of alcohol and the use of illegal drugs which includes any behavior that constitutes a violation of the University Alcohol and Other Drugs Policy.
(15) Smoking in unauthorized areas.
(16) Public indecency, defined as exposing the genitals while in a public place or a place visible from a public place on University Premises.
(17) Failure to comply with a University Official's requests. Students and 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.
(18) Violation, or alleged violation, of 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 criminal 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 shall not be subject to change because criminal charges arising out of the same facts giving rise to a violation(s) were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
(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 or where the offense occurred on University Premises or at University Sponsored Activities.
(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 351.070 Hist.: PSU 1-1982, £. & e£ 4-22-82; PSU 1-1994, £ & cert. e£. 1-10-94
577-031-0137
Procedures for Complaints Against Student Organizations or Groups
(1) Complaints submitted to the Office of Student Affairs (OSA) against a student organization or group will be referred to the University Official of the unit to which the group is most closely affiliated.
(2) The University Official serves as the Senior Conduct Officer's designee and follows the procedures outlined for Complaints Against Individuals as stated in Section 577-031-0140.
(3) The president, principal officer, contact person(s), or other students designated by the program, organization or group to act as agents on behalf of the program, organization or group shall be given reasonable notice of the charges and shall 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 or group shall not delay the disposition of the matter.
Stat. Auth.: ORS 351
577-031-0140
Procedures for Complaints Against Individuals
(1) Any person may submit a written complaint to OSA alleging that a student(s) or 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. (a) A "Complainant" is defined as any person submitting a written complaint to OSA alleging that a student(s), student organization or group has engaged in conduct proscribed by this Code. (b) A "Respondent" is defined as any student who is alleged to have engaged in conduct proscribed by the Code.
(2) Within a reasonable time from the receipt of a complaint, the Senior Conduct Officer, will send electronic notice to the Respondent(s) (with reference to the specific section of this Code allegedly violated) alleged to have violated the Code. This notice will advise him or her of the allegations and request a meeting to investigate the matter to determine whether there are reasonable grounds to adjudicate the complaint. If the Respondent fails to appear for this investigational meeting, the Senior Conduct Officer will determine whether there are reasonable grounds to adjudicate the complaint in the Respondent's absence. Following this determination, the Senior Conduct Officer will adjudicate the complaint and send the Respondent written notice of the outcome.
(3) If reasonable grounds are not found, the Senior Conduct Officer, in his/her sole discretion, will refer the issue to mediation, dismiss the case, or dismiss the case with administrative counsel when warranted. In the event that the case is dismissed, the Senior Conduct Officer will notify the Complainant and the Respondent of this dismissal.
(4) If reasonable grounds are found, or if the Respondent accepts responsibility for the alleged conduct, the Respondent is informed of the alleged violation and of his or her option to have the complaint heard by the Senior Conduct Officer or the Committee. Once informed of this option, the Respondent has five (5) days to submit a written request for a hearing before the Committee. Failure to file a timely request for a hearing shall result in the loss of this option, and the Senior Conduct Officer will decide the matter in the Respondent's absence.
(5) If the Respondent chooses to have the Senior Conduct Officer hear 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 in them 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 meet with the Senior Conduct Officer, the Senior Conduct Officer will take decide the matter in the Respondent's absence. Failure to cooperate or appear shall not delay the disposition of the matter. (b)The Respondent may bring a third party advisor 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 advisor. 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 (using a standard of "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, subsequent sanction, if any imposed, and information about the Appeal Process.
(6) If the Respondent chooses to have the Student Conduct Committee (the Committee) hear 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 in them 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 appear, the Committee will proceed with the hearing in the Respondent's absence. Failure to cooperate or appear shall not delay the disposition of the matter. (b) The Respondent may bring a third party advisor 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 advisor. 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 determines, based on a preponderance of evidence (using a standard of "more likely than not"), whether a Code violation exists, and, if so, what sanctions may be appropriate. The Committee communicates the outcome of the hearing to the Respondent.
(7) The hearing process will make an effort to consider the rights and needs of the Complainant, if there is one, in decisions related to sanctions such as restitution.
(8) Pending resolution of a matter, the Respondent is entitled to all rights and privileges of a student in good standing. However, the Dean may suspend the Respondent or take other appropriate action upon a finding by clear and convincing evidence (using a standard of highly probable) that the Respondent's presence at the University constitutes a substantial threat to health, personal safety, or property. In cases where this determination is made, the Dean will notify the Respondent in writing of his/her interim action.
(9) Appeals of the decision of the Senior Conduct Officer or of the Committee shall be made to the Dean. This appeal must be in writing and filed within five (5) days following notification to the Respondent of the hearing's outcome. Sanctions will take effect upon expiration of the time period allocated for appeal. Similarly, notification of the outcome to additional individuals, as required by law and as necessary to implement the decision, will occur at this time.
Stat. Auth: ORS 351.070 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 41988, £ & cert. e£. 6-16 88; PSU 1-1994, £ & cert. e£. 1-10-94 [ED. NOTE: The text of Temporary Rules is not printed in the Oregon Administrative Rules Compilation. Copies may be obtained from the adopting agency or the Secretary of State.]
577-031-0141
Special Procedures for Matters involving Allegations of Sexual Assault
(1) Although disciplinary matters are generally confidential, in cases involving sexual misconduct: (a) The Complainant can be present during the proceedings and may be accompanied by a support person of the Complainant's choosing; and (b) Both the Complainant and the Respondent shall be informed of the outcome of any conduct proceeding, insofar as the result pertains to the sexual misconduct charges.
Stat. Auth.: ORS 351
577-031-0142
Procedures for Complaints of Academic Dishonesty
(1) Course Instructors have the responsibility and purview to respond to academic dishonesty with students enrolled in their respective courses. Course Instructors may address academic dishonesty as follows: they may issue a zero or a failing grade for the assignment for which the dishonesty was found. Instructors may not 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; (b) Suspension from the department, program, college or school per the due process; and (c) 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 OSA 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 referred to the instructor of the course in which the alleged academic dishonesty occurred.
(5) If the complaint is submitted by the Course Instructor, he or she may indicate whether the complaint is submitted for further investigation or for documentation purposes only. Students will be notified in writing of any complaint submitted for documentation purposes only. This documented allegation does not constitute a finding of responsible for any violation of the Code. If the complaint is submitted for documentation purposes only, a conduct record is established and the Respondent is sent written notification to that effect. If more than one complaint of academic dishonesty is received for a student the procedures outlined in OAR 577-031-0140 (Procedures for Complaints Against Individuals) must be followed.
(6) Faculty submitting a complaint alleging academic dishonesty will be notified of the outcome of this complaint.
Stat. Auth.: ORS 351
577-031-0143
Appeals
(1) The Dean is the final appeals body and responds to any appeal of a decision made by the Senior Conduct Officer or the Committee. All appeals must be in writing and filed within five (5) days following notification to the Respondent of the hearing's outcome. A finding of responsible or not responsible may not be addressed as part of the appeal. If information is presented that indicates substantial rights of the Respondent were impacted due to errors in procedure or new information is available that was not available when the initial hearing occurred, the Dean may determine that the case should be heard again by the Committee or Senior Conduct Officer. The request for an appeal must include at least one of the following: (a) specific allegations of improper process that denied the Respondent a fair hearing; or (b) rationale for modifying sanctions imposed.
(2) If the Respondent who has submitted the appeal has been properly notified and fails to appear, the Dean will dismiss the appeal.
(3) During the appeal hearing, the student submitting the appeal may be accompanied by an advisor of the student's choice as long as the availability of this advisor does not interfere with the timeliness of the hearing. The student may elect to have an attorney serve as advisor. However, the advisor does not represent the student in the hearing and the student will be expected to speak for him or herself at all times.
(4) The student submitting the appeal has the opportunity to offer information and to review and respond to all information presented.
(5) The Senior Conduct Officer or the Chair of the Committee is present for the hearing and may offer information on behalf of the hearing and may respond to all information presented.
(6) The Dean may ask questions of any person present during the hearing. The Dean may invite questions and comments from advisors or others present. If the Dean decides an essential person or piece of information is missing, the Dean may decide to reconvene the hearing at the earliest practical time that the missing information will be available.
(7) After the Dean has determined that all the necessary information has been presented and questions answered, the appeals hearing will be closed. The Dean 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 Dean may dismiss the appeal, mandate that the case be heard again by the Committee/Senior Conduct Officer, or modify the sanction imposed.
(9) The Dean's decision will be in writing to the student with copies to the Senior Conduct Officer and/or Chair of the Committee.
(10) 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 577-031-0140(6).
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 of the following sanctions:
(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) Loss of Privileges. Denied specific privileges normally associated with student status, such as participation in recognized activities or use of University facilities or services.
(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) 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. 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. The student's registration at this time shall be 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.
(10) Negative Notation on Transcript. Entry of information onto the studen'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 OSA. If the notation is permanent, "Permanent Negative Notation" on transcript will remain on the Respondent's transcript indefinitely.
(11) Expulsion. Permanent suspension from the University. (See Section (8) of this Rule). A permanent notation is entered on the transcript: "Permanently expelled for [conduct or academic dishonesty] effective [date]".
(12) Degree Revocation. A former student may have his/her degree revoked if the student is found to have engaged in academic dishonesty in courses taken leading to a degree that, if known at the time the degree was awarded, would have made the student unqualified for the degree.
(13) Registration Hold. Students who do not complete assigned sanctions within the time provided will be prevented from registering for classes until completion of those sanctions.
Stat. Auth.: OR 351.070 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
577-031-0146
Types of Sanctions for Student Organization or Group Conduct
A 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's or group's official University recognition.
Stat. Auth.: ORS 351.070 Hist.: PSU 1-1982, £. & e£ 4-22-82; PSU 1-1994, £ & cert. e£. 1-10-94
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) A Suspension or 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 copy of conduct records for cases in which the sanction is Expulsion, Degree Revocation, or permanent Negative Notation on the Transcript are retained indefinitely. A copy of conduct records for cases involving suspension are retained for ten (10) years. A copy of cases in which a lesser sanction is issued are retained for seven (7) years as required by applicable law.
Stat. Auth.: ORS 351
577-031-0148
Interpretation and Revision
(1) Any question of interpretation regarding the Code shall be referred to the Vice Provost for Student Affairs or his/her designee for final determination.
(2) The Code should be reviewed every three years or as needed.
Stat. Auth.: ORS 351
