Policy 8-10 Rev 5
Date: May 10, 2004
Subject: UNIVERSITY REGULATIONS- Chapter X
CODE OF STUDENT RIGHTS AND RESPONSIBILITIES (“STUDENT CODE”)
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information provided by the Department of Student Affairs.
| Table of Contents: | ||
| Section I: General Provisions and Definitions | web version | print version |
| Section II: Student Bill of Rights | web version | print version |
| Section III: Student Behavior | web version | print version |
| Section IV: Student Academic Performance | web version | print version |
| Section V: Student Academic Conduct | web version | print version |
| Section VI: Student Professional and Ethical Conduct | web version | print version |
| Section VII: Student Records | web version | print version |
SECTION I: GENERAL PROVISIONS AND DEFINITIONS
A. General Provisions
The Code of Student Rights and Responsibilities has seven parts: General
Provisions and Definitions, Student Bill of Rights, Student Behavior, Student
Academic Performance, Student Academic Conduct, Student Professional and Ethical
Conduct, and Student Records.
The mission of the University of Utah is to educate the individual and to
discover, refine and disseminate knowledge. The University supports the
intellectual, personal, social and ethical development of members of the
University community. These goals can best be achieved in an open and supportive
environment that encourages reasoned discourse, honesty, and respect for the
rights of all individuals. Students at the University of Utah are encouraged to
exercise personal responsibility and self-discipline and engage in the rigors of
discovery and scholarship.
Students at the University of Utah are members of an academic community
committed to basic and broadly shared ethical principles and concepts of
civility. Integrity, autonomy, justice, respect and responsibility represent the
basis for the rights and responsibilities that follow. Participation in the
University of Utah community obligates each member to follow a code of civilized
behavior.
The purposes of the Code of Student Rights and Responsibilities are to set forth
the specific authority and responsibility of the University to maintain social
discipline, to establish guidelines that facilitate a just and civil campus
community, and to outline the educational process for determining student and
student organization responsibility for alleged violations of University
regulations. University policies have been designed to protect individuals and
the campus community and create an environment conducive to achieving the
academic mission of the institution. The University encourages informal
resolution of problems, and students are urged to discuss their concerns with
the involved faculty member, department chair, dean of the college or dean of
students. Informal resolution of problems by mutual consent of all parties is
highly desired and is appropriate at any time.
In cases where a more formal resolution of problems is needed, distinct
administrative procedures and time lines have been established for proceedings
under the Standards of Behavior (Part III), the Standards of Academic
Performance (Part IV), the Standards of Academic Conduct (Part V) and the
Standards of Professional Conduct (Part VI). Certain conduct by students may
fall within more than one section of the Student Code. When this is the case, an
appropriate University administrator shall determine which section of the code
is the appropriate section under which to proceed. In special circumstances, the
appropriate University administrator may extend time lines in the interest of
fairness to parties or to avoid injury to one of the parties or to a member of
the University community.
The University, the Committees and all participants shall take reasonable steps
to protect the rights and, to the extent appropriate, the confidentiality of all
parties involved in any proceedings under the Student Code.
At the sole discretion of the University, proceedings under the Student Code may
be postponed when acts or conduct involving possible violations of the Standards
of Behavior, the Standards of Academic Conduct or the Standards of Professional
Conduct are also the subject of ongoing criminal or civil enforcement
proceedings brought by federal, state, or local authorities and when postponing
the proceedings will serve the best interests of the University or will better
facilitate the administration of justice by such authorities. The vice president
for student affairs, or designee, shall make the decision regarding proceedings
under the Standards of Behavior. The senior vice president for academic affairs
or the senior vice president for health sciences, or their designees, shall make
the decision regarding proceedings under the Standards of Academic Conduct and
the Standards of Professional Conduct.
The dean of students, or the senior vice president for academic affairs, or the
senior vice president for health sciences, or their designees, may place a hold
on the student's records and/or registration pending the resolution of
proceedings under the Student Code.
B. Definitions
As used in the Student Code:
1. “Academic action” means the recording of a final grade (including credit/no
credit and pass/fail) in a course, on a comprehensive or qualifying examination,
on a culminating project, or on a dissertation or thesis. It also includes a
decision by the appropriate department or college committee to place a student
on academic probation, or to suspend or dismiss a student from an academic
program because the student failed to meet the relevant academic standards of
the discipline or program. The term “academic action” does not include the
decision by a department or program to refuse admission of a student into an
academic program. Academic action also does not include academic sanctions
imposed for academic misconduct or for professional misconduct.
2. “Academic misconduct” includes, but is not limited to, cheating,
misrepresenting one's work, inappropriately collaborating, plagiarism, and
fabrication or falsification of information, as defined further below. It also
includes facilitating academic misconduct by intentionally helping or attempting
to help another to commit an act of academic misconduct.
a. “Cheating” involves the unauthorized possession or use of information,
materials, notes, study aids, or other devices in any academic exercise, or the
unauthorized communication with another person during such an exercise. Common
examples of cheating include, but are not limited to, copying from another
student's examination, submitting work for an in-class exam that has been
prepared in advance, violating rules governing the administration of exams,
having another person take an exam, altering one's work after the work has been
returned and before resubmitting it, or violating any rules relating to academic
conduct of a course or program.
b. Misrepresenting one's work includes, but is not limited to, representing
material prepared by another as one's own work, or submitting the same work in
more than one course without prior permission of both faculty members.
c. “Plagiarism” means the intentional unacknowledged use or incorporation of any
other person's work in, or as a basis for, one's own work offered for academic
consideration or credit or for public presentation. Plagiarism includes, but is
not limited to, representing as one's own, without attribution, any other
individual’s words, phrasing, ideas, sequence of ideas, information or any other
mode or content of expression.
d. “Fabrication” or “falsification” includes reporting experiments or
measurements or statistical analyses never performed; manipulating or altering
data or other manifestations of research to achieve a desired result; falsifying
or misrepresenting background information, credentials or other academically
relevant information; or selective reporting, including the deliberate
suppression of conflicting or unwanted data. It does not include honest error or
honest differences in interpretations or judgments of data and/or results.
3. “Academic sanction” means a sanction imposed on a student for engaging in
academic or professional misconduct. It may include, but is not limited to,
requiring a student to retake an exam(s) or rewrite a paper(s), a grade
reduction, a failing grade, probation, suspension or dismissal from a program or
the University, or revocation of a student’s degree or certificate. It may also
include community service, a written reprimand, and/or a written statement of
misconduct that can be put into an appropriate record maintained for purposes of
the profession or discipline for which the student is preparing.
4. “Arbitrary and capricious” means that there was no principled basis for the
academic action or sanction.
5. “Behavioral misconduct” includes acts of misconduct as further defined in
Part III A.
6. “Behavioral sanction” means a sanction imposed on a student for engaging in
behavioral misconduct. It may include, but is not limited to, a written
reprimand, the imposition of a fine or payment of restitution, community
service, probation, or suspension or dismissal from the University.
7. “Business day” is every day that the University is open for business,
excluding weekends and University-recognized holidays. The official calendar is
maintained by the University registrar’s office.
8. “Department” means an academic unit, program, department, division, college
or school, whichever is the appropriate academic unit of organization.
9. “Disciplinary records” are all records relating to the imposition of an
academic sanction or a behavioral sanction.
10. “Faculty” or “faculty member” refers to an individual who teaches or
conducts research at or under the auspices of the University and includes
students with teaching responsibilities and other instructional personnel. It
also refers to the chair of a faculty committee that has assessed an academic
action.
11. “Notice” or “Notification” refers to the date of delivery if notification is
delivered personally or ten (10) business days after the time of postmark if the
notification is mailed by U.S. mail. In the case of grades, notification refers
to the date the grades are available on the World Wide Web.
12. “Professional misconduct” means the violation of professional or ethical
standards for the profession or discipline for which a student is preparing as
adopted or recognized as authoritative by the relevant academic program. The
term also includes specific misconduct that demonstrates the student’s unfitness
for such profession or discipline.
13. “Program” refers to any set of courses that may be a degree, major, minor,
certificate, or related course of study.
14. “Sexual harassment” is defined in
Policy and Procedures No. 2-6A.
15. “Staff” or “Staff member” refers to a person other than a faculty member who
receives compensation for work or services from funds controlled by the
University, regardless of the source of funds, the duties of the position, or
the amount of compensation paid.
16. “Student” refers to a person who is currently, or was at the time of the
offense, matriculated and/or registered in any class or program of instruction
or training offered by the University at any level, whether or not for credit.
17. “University” means the University of Utah and all of its undergraduate,
graduate and professional schools, divisions and programs.
18. “University activities” are teaching, research, service, administrative
functions, ceremonies, or programs conducted under the auspices of the
University.
19. “University premises” means the University campus and any other property,
building or facility, that is owned, operated or controlled by the University.
SECTION II: STUDENT BILL OF RIGHTS
Students have certain rights as members of the University community in addition
to those constitutional and statutory rights and privileges inherent from the
State of Utah and the United States of America. Nothing in this document shall
be construed so as to limit or abridge students’ constitutional rights. Students
have the responsibility not to deny these rights to other members of the
University community. Students have the additional legal rights and privileges
described below and they will not be subject to discipline for the exercise of
such rights and privileges.
A. Learning Environment. Students have a right to support and assistance
from the University in maintaining a climate conducive to thinking and learning.
University teaching should reflect consideration for the dignity of students and
their rights as persons. Students are entitled to academic freedom and autonomy
in their intellectual pursuits and development. Students have a right to be
treated with courtesy and respect.
B. Rights in the Classroom. Students have a right to reasonable notice of
the general content of the course, what will be required of them, and the
criteria upon which their performance will be evaluated. Students have a right
to have their performance evaluated promptly, conscientiously, without prejudice
or favoritism, and consistently with the criteria stated at the beginning of the
course.
C. Role in Governance of the University. Students have a right to
participate in the formulation and application of University policy affecting
academic and student affairs through clearly defined means, including membership
on appropriate committees and administrative bodies. Students have a right to
perform student evaluations of faculty members, to examine and publish the
numerical results of those evaluations, and to have those evaluations considered
in the retention, promotion, tenure and post-tenure reviews of faculty members.
D. Due Process. Students have a right to due process in any proceeding
involving the possibility of substantial sanctions. This includes a right to be
heard, a right to decision and review by impartial persons or bodies, and a
right to adequate notice.
E. Freedom from Discrimination and Sexual Harassment. Students have a
right to be free from illegal discrimination and sexual harassment. University
policy prohibits discrimination, harassment or prejudicial treatment of a
student because of his/her race, color, religion, national origin, sex, sexual
orientation, age, or status as an individual with a disability, as a disabled
veteran, or as a veteran of the Vietnam era.
F. Freedom of Expression. Students have a right to examine and
communicate ideas by any lawful means. Students will not be subject to academic
or behavioral sanctions because of their constitutionally protected exercise of
freedom of association, assembly, expression and the press.
G. Privacy and Confidentiality. Students have a right to privacy and
confidentiality subject to reasonable University rules and regulations. Matters
shared in confidence (including, but not limited to, information about a
student's views, beliefs and political associations) must not be revealed by
faculty members or University administrators except to persons entitled to such
information by law or University policies. Students have a right to be free from
unreasonable search and seizures.
H. Student Records. Students have a right to protection against
unauthorized disclosures of confidential information contained in their
educational records. Students have a right to examine and challenge information
contained in their educational records. For detailed information regarding
confidentiality of educational records, and student access to records, students
should refer to Part VII, Student Records.
I. Student Government and Student Organizations. Students have a right to
participate in elections for the Associated Students of the University of Utah.
Students have a right to form student organizations for any lawful purpose.
SECTION III: STUDENT BEHAVIOR
A. Standards of Behavior
In order to promote personal development, to protect the University community,
and to maintain order and stability on campus, students who engage in any of the
following acts of behavioral misconduct may be subject to behavioral sanctions:
1. Acts of dishonesty, including but not limited to the following:
a. Furnishing false or misleading information to any University official.
b. Forgery, alteration or misuse of any University document, record, fund or
identification.
2. Intentional disruption or obstruction of teaching, research, administration,
disciplinary proceedings or other University activities.
3. Physical or verbal assault, sexual harassment(1),
hazing, threats, intimidation, coercion or any other behavior which threatens or
endangers the health or safety of any member of the University community or any
other person while on University premises, at University activities, or on
premises over which the University has supervisory responsibility pursuant to
state statute or local ordinance.
4. Attempted or actual theft, damage or misuse of University property or
resources.
5. Sale or distribution of information representing the work product of a
faculty member to a commercial entity for financial gain without the express
written permission of the faculty member responsible for the course. (“Work
product” means original works of authorship that have been fixed in a tangible
medium and any works based upon and derived from the original work of
authorship.)
6. Unauthorized or improper use of any University property, equipment,
facilities, or resources, including unauthorized entry into any University room,
building or premises.
7. Possession or use on University premises or at University activities of any
firearm or other dangerous weapon, incendiary device, explosive or chemical,
unless such possession or use has been authorized by the University.
8. Use, possession or distribution of any narcotic or other controlled substance
on University premises, at University activities, or on premises over which the
University has supervisory responsibility pursuant to state statute or local
ordinance, except as permitted by law and University regulations.
9. Use, possession or distribution of alcoholic beverages of any type on
University premises except as permitted by law and University regulations.
10. Violation of published University policies, rules or regulations.
11. Violation of federal, state or local civil or criminal laws on University
premises, while participating in University activities, or on premises over
which the University has supervisory responsibility pursuant to state statute or
local ordinance.
B. Initial Oral or Written Complaint
1. Any person directly aggrieved by an alleged violation of the Standards of
Behavior or any faculty member, student, or staff member may submit an oral(2)
or written complaint to the dean of students, or designee, within forty-five
(45) business days of the date of discovery of the alleged violation.
2. A complaint that is frivolous, that fails to state facts that constitute a
violation of the Standards of Behavior, or that is not timely, may be dismissed
by the dean of students, or designee, after an initial review. A person who
knowingly and intentionally files a false complaint may be referred to the
appropriate committee or office within the University for possible disciplinary
action as described in Policy and Procedures No. 2-9 (staff),
Policy and
Procedures No. 8-12 (faculty) or this code (students).
C. Initial Inquiry and Informal Resolution
1. After an oral or written complaint has been submitted, the dean of students,
or designee, shall, within ten (10) business days, give written notice to the
student against whom the complaint was lodged (the responding student) of the
allegations of the complaint and the procedures under the Student Code to
resolve the issue.
2. Within twenty (20) business days of receipt of the complaint, the dean of
students, or designee, shall begin an initial inquiry to determine whether there
is a reasonable basis for believing that the responding student violated the
Standards of Behavior. The dean of students, or designee, shall interview the
complaining party, the responding student and any other persons believed to have
pertinent factual knowledge of the allegations. The dean of students, or
designee, may also review any other relevant evidence, including documentary
material.
3. At the conclusion of the initial inquiry the dean of students, or designee,
shall determine whether there is a reasonable basis for believing that the
responding student violated the Standards of Behavior. The dean of students, or
designee, shall notify the student and the complaining party in writing of his
or her decision.
4. If the dean of students, or designee, determines that there is a reasonable
basis for believing that the responding student violated the Standards of
Behavior, he/she shall determine whether efforts at informal resolution are
appropriate and, if so, shall take whatever steps are useful to that end.
Efforts to informally resolve the dispute shall occur within ten (10) business
days of the conclusion of the initial inquiry or within thirty days (30)
business days of receipt of the initial complaint (whichever is later). If an
informal resolution is reached and the responding student complies with the
terms and conditions, if any, of the resolution, no further action against the
responding student will be taken and the matter will be closed.
D. Formal Written Complaint and Referral to Student Behavior Committee
1. If informal resolution is inappropriate, or if efforts at informal resolution
are not successful within the allowed time period, the dean of students, or
designee, shall determine whether the initial written complaint (if any) is
sufficiently detailed to submit to the Student Behavior Committee. If the
initial complaint was oral, or was not sufficiently detailed, the dean of
students shall instruct the complaining party to prepare and submit, within five
(5) business days of this instruction, a detailed formal written complaint of
the circumstances giving rise to the complaint.
2. If a complaining party elects not to pursue a matter before the Student
Behavior Committee, the dean of students, or designee, or another University
official, may submit a formal written complaint against the responding student
and pursue the matter before the Student Behavior Committee.
3. The dean of students, or designee, shall provide the responding student with
a copy of the formal written complaint.
4. Within five (5) business days of receiving the formal written complaint, the
responding student may submit a written response to the complaint to the dean of
students, or designee.
5. The dean of students, or designee, shall refer the formal written complaint
and any written response from the responding student to the Student Behavior
Committee.
E. Proceedings Before the Student Behavior Committee
1. Makeup of the Committee. The Student Behavior Committee shall be
composed of seven (7) members. Two members shall be faculty appointed by the
president of the University upon nomination by the Personnel and Elections
Committee of the Academic Senate. Two members shall be staff appointed by the
president upon nomination by the vice president for student affairs. Three
members shall be students appointed by the president upon nomination by the vice
president for student affairs, in consultation with the president of ASUU. At
least one of the students shall be a graduate student. The president shall
appoint three alternates to the Committee: one student, one faculty member, and
one staff member. Student members shall serve staggered two-year terms. Faculty
and staff members shall serve staggered three-year terms. The Committee chair
shall be appointed by the president. The Committee shall establish internal
procedures consistent with the Student Code.
2. Conflict of Interest. Upon written request of one of the parties or
Committee members, the dean of students may excuse any member of the Committee
if the dean determines that the member has a conflict of interest. The dean
shall notify the appropriate alternate member (i.e., student, faculty member, or
staff member) to replace the excused member.
3. Proceedings Before the Committee. When a timely complaint and response
are filed, the Committee chair shall schedule a hearing date if:
a. The documents raise material issues of disputed fact;
b. The Committee chair determines that a hearing is necessary or otherwise
desirable to aid in the resolution of the issues; or
c. The possible sanctions against the responding student may include dismissal
from the University, suspension from the University for longer than ten (10)
business days, or revocation of the student’s degree or certificate.
If the Committee chair determines that no circumstances exist that require a
hearing, as provided above, the chair shall notify the complaining party and the
student in writing of this determination and convene a closed meeting of the
Committee to consider the documentation submitted by the complaining party and
the student. The Committee chair shall prepare a written report of the
Committee's findings and recommendations and present it to the vice president
for student affairs, or designee, within ten (10) business days after the
Committee meeting.
4. Notice of Hearings Before Committee. If the Committee chair
determines that a hearing is required, the chair shall schedule a hearing date
and notify the parties(3)
in writing of the date of the hearing, the names of the Committee members, and
the procedures outlined below at least fifteen (15) business days prior to the
hearing.
5. Hearing Procedures. Hearings shall be conducted according to the
following procedures:
a. Hearings shall be conducted within a reasonable time after the Committee's
receipt of the complaint.
b. At least five (5) business days prior to the date of the hearing, the parties
shall make available to each other and to the Committee a list of their
witnesses and a list of the documents to be offered at the hearing. In
exceptional circumstances, the Committee may allow a party to call witnesses not
listed or submit additional documents at the hearing.
c. The parties have a right to be accompanied by any person as advisor,
including legal counsel, who will be permitted to attend, but not directly
participate in, the proceedings.
d. Hearings shall be closed to the public.
e. The hearing, except for Committee deliberations and voting, shall be recorded
and a copy made available to any party upon request. Committee deliberations and
voting shall take place in closed sessions.
f. The Committee must have a quorum present to hold a hearing. A quorum consists
of five (5) members, including at least one (1) student. If there is more than
one hearing in a matter, or if the hearing continues over more than one session,
the same five members must be present for all sessions. All findings and
recommendations of the Committee shall require a majority vote of the Committee
members present at the hearing.
g. At the hearing, the parties shall have the right to present questions to
witnesses through the Committee chair, to present evidence and to call witnesses
in their own behalf, in accordance with the Committee's internal procedures.
h. The Committee shall not be bound by strict rules of legal evidence or
procedure and may consider any evidence it deems relevant.
i. University legal counsel shall serve as a resource to the Committee and may
be present at the hearing to provide guidance on substantive law and procedural
matters.
j. If a majority of the Committee members find, by a preponderance of the
evidence that the responding student violated the Standards of Behavior, the
Committee may recommend any behavioral sanction it deems appropriate given the
entire circumstances of the case, including but not limited to a written
reprimand, the imposition of a fine or payment of restitution, community
service, probation, suspension, or dismissal from the University.
k. The Committee shall make its findings and recommendations based only on
evidence and testimony presented by the parties at the hearing. Committee
members shall not conduct their own investigations, rely on prior knowledge of
the facts or develop their own evidence.
l. If the complaining party or the responding student fails to attend the
hearing without good cause, the Committee may proceed with the hearing and take
testimony and evidence and report its findings and recommendations to the vice
president for student affairs, or designee, on the basis of such testimony and
evidence.
m. The Committee chair shall prepare a written report of the Committee's
findings and recommendations and present it to the vice president for student
affairs, or designee, within ten (10) business days after the conclusion of the
hearing.
F. Review and Decision by the Vice President for Student Affairs or Designee
1. The vice president for student affairs, or designee, shall consider the
documentation submitted to the Committee and the findings and recommendations of
the Committee in making a decision. Based upon such review, and without
conducting further hearings, the vice president, or designee, shall, within ten
(10) business days, take one of the following actions:
a. Accept the Committee’s findings and recommendations;
b. Return the report to the Committee chair, requesting that the Committee
reconvene to reconsider or clarify specific matters, materials, and issues, and
forward to the vice president, or designee, a second report of its findings and
recommendations relating to the specific matters referred by the vice president,
or designee, for further consideration; or
c. Reject all or parts of the Committee’s findings and recommendations, stating
reasons and actions to be taken therefore. The vice president may impose a
greater or lesser sanction than recommended by the Committee.
2. Written notification of the vice president’s, or designee’s, decision shall
be communicated to the parties concerned within ten (10) business days of
receipt of the recommendation.
3. The vice president’s, or designee’s, decision is final unless appealed to the
president within ten (10) business days of receipt of the decision.
G. Appeal to President
Within ten (10) business days of receipt of the vice president’s or designee’s
decision, any party may appeal the decision by filing a written notice of appeal
with the president and delivering a copy to the other party. The other party may
file a response to the appeal with the president within five (5) business days
of receipt of the appeal. In the case of an appeal:
1. The president shall consider the appeal and the response and may solicit
whatever counsel and advice the president deems appropriate to arrive at a final
decision. The president may also convene an ad hoc committee composed of
students and faculty members from outside the Student Behavior Committee to
determine if there were substantial defects that denied basic fairness and due
process. After receiving the appeal, the president shall, within ten (10)
business days, or twenty (20) business days if an ad hoc committee is formed,
take one of the following actions:
a. Accept the decision of the vice president for student affairs or his/her
designee;
b. Return the report to the vice president, or his/her designee, requesting that
he/she clarify specific matters, materials, and issues, and forward to the
president a second report of his/her decision relating to the specific matters
referred by the president for further explanation; or
c. Reject all or parts of the vice president’s, or designee’s, decision, stating
reasons and actions for either imposing a greater or lesser sanction than
determined by the vice president.
2. Written notification of the president’s decision and the basis for that
decision shall be communicated to the parties concerned within ten (10) business
days after receipt of the appeal, or within twenty (20) business days after
receipt of the appeal if an ad hoc committee is formed.
3. The decision of the president is final.
H. Suspension or Dismissal from the University for Behavioral Misconduct
The sanctions of suspension or dismissal from the University for behavioral
misconduct may be imposed: (1) if agreed upon in informal resolution between the
responding student and the dean of students or designee; (2) if recommended by
the Student Behavior Committee to the vice president for student affairs or
designee; (3) by the vice president for student affairs or designee
notwithstanding the recommendation of the Committee; or (4) by the president
notwithstanding the decision of the vice president for student affairs. A
student who has been suspended or dismissed from the University shall be denied
all privileges accorded to a student.
1. Suspension
a. Suspension from the University shall be for a minimum time of one semester
following the semester the student is found responsible for the behavioral
misconduct.
b. The office of the dean of students shall notify the student in writing of the
suspension, conditions for reinstatement, and of the obligation of the student
to petition for reinstatement. Notice of the suspension shall also be provided
to the student’s department chair.
c. Petitions for reinstatement shall be submitted to the office of the dean of
students and shall explain how the conditions for reinstatement have been met.
d. The office of the dean of students shall consider the petition and shall
issue a decision regarding the student’s reinstatement within fifteen (15)
business days of receipt of the petition.
e. The office of the dean of students may grant conditional reinstatement
contingent upon the student meeting written requirements specified by the office
of the dean of students or by the chair of the Student Behavior Committee in the
original sanction to the extent that such conditions pertain to the original
offense in the original sanction.
2. Dismissal
a. Dismissal from the University is final. A student dismissed from the
University for behavioral misconduct may not petition for reinstatement.
b. Permanent records of dismissal shall be kept in the office of the dean of
students. Notice of the dismissal shall be provided to the student’s department
chair.
c. The dismissed student’s transcript will reflect his/her dismissal.
d. Dismissal should be reserved for only the most egregious of offenses.
I. Administrative Suspension to Protect the University Population
The vice president for student affairs (or designee) or the senior vice
president for academic affairs (or designee) or the senior vice president for
health sciences (or designee) may suspend a student from the University prior to
an initial inquiry and hearing before the Student Behavior Committee if such
action appears necessary to protect the health or well-being of any member of
the University community, any member of the public, or to prevent serious
disruption of the academic process. Prior to, contemporaneous with, or
immediately after the suspension, the vice president shall give the student
written notice of the suspension specifying the alleged misconduct and setting
forth briefly the relevant facts and supporting evidence. The vice president
shall then provide the student with an opportunity to meet with him/her to
present the student's views and object to the suspension. This meeting shall
take place prior to the suspension taking effect or as soon as possible
thereafter. The vice president shall thereafter immediately refer the complaint
to the appropriate University administrator for proceedings under the code, and
the suspension will be in effect pending a final determination of the matter.
The vice president shall notify other University administrators of the
suspension as appropriate.
J. Other University Proceedings
If the filing of a complaint or an appeal concerning behavioral misconduct under
the Student Code raises issues of academic misconduct or professional
misconduct, the dean of students, or designee, shall immediately notify the
involved faculty member, dean or cognizant senior vice president and these
individuals shall determine the appropriate procedure(s) for processing the
complaint or the appeal.
K. Retention of Records of Proceedings
Records of proceedings under the Student Code shall be confidential to the
extent permitted by law. Records of behavioral misconduct shall be kept in the
office of the dean of students, and a copy may be retained in other academic
departments as appropriate.
(1) Allegations of sexual harassment
generally will be handled by OEO/AA in accordance with Policy and Procedures No.
2-32. However, allegations of student to student sexual harassment will be
handled under the Student Code, rather than by the office of OEO/AA.
(2) Oral complaints presented to the dean of students shall
be recorded by the dean’s office either electronically or in transcribed form.
(3) The parties to a complaint before the Student Behavior
Committee are the responding student, the complaining party, and the dean of
students.
SECTION IV:
STUDENT ACADEMIC PERFORMANCE
A. Standards of Academic Performance
In order to ensure that the highest standards of academic performance are
promoted and supported at the University, students must:
1. Meet the academic requirements of a course; and
2. Meet the academic requirements of the relevant discipline or program.
Faculty members are qualified as professionals to observe and judge all aspects
of a student's academic performance, including demonstrated knowledge, technical
and interpersonal skills, attitudes and professional character, and ability to
master the required curriculum. An academic action, as defined in Part I B., may
be overturned on appeal only if the academic action was arbitrary or capricious.
B. Appeals Process
A student who believes that an academic action taken in connection with Section
A above is arbitrary or capricious should, within twenty (20) business days of
notification of the academic action, discuss the academic action with the
involved faculty member(1)
and attempt to resolve the disagreement. If the faculty member does not respond
within ten (10) business days, if the student and faculty member are unable to
resolve the disagreement, or if the faculty member fails to take the agreed upon
action within ten (10) business days, the student may appeal the academic action
in accordance with the following procedures. It is understood that all appeals
and proceedings regarding academic actions will initiate with the faculty and
administrators in the college or program offering the course in question. If the
course is cross-listed, appeals and proceedings shall take place with the
faculty and administrators offering the section for which the student is
registered.
1. Appeal to Chair of the Department or Dean’s Designee(2).
Within forty (40) business days of notification of the academic action, the
student shall appeal the academic action in writing to, and consult with, the
chair of the relevant department regarding such academic action. Within fifteen
(15) business days of consulting with the student, the chair shall notify the
student and faculty member, in writing, of his/her determination of whether the
academic action was arbitrary or capricious and of the basis for that decision.
If the chair determines that the academic action was arbitrary or capricious,
the chair shall take appropriate action to implement his/her decision unless the
faculty member appeals the decision. If the chair fails to respond in fifteen
(15) business days, the student may appeal to the Academic Appeals Committee.
2. Appeal to Academic Appeals Committee. If either party disagrees with
the chair's decision, that party may appeal to the college's Academic Appeals
Committee within fifteen (15) business days of notification of the chair's
decision in accordance with the procedures set forth in Section C, below.
C. Proceedings Before the Academic Appeals Committee
1. Written Appeal. The appeal to the Academic Appeals Committee shall set
forth in writing the reasons for the appeal, shall be addressed to the
Committee, and shall be delivered to the chair of the Committee, with a copy to
the other party.
2. Response to Appeal. The faculty member whose decision is being
appealed, or the student in the case of a faculty member's appeal, may deliver a
response to the appeal to the chair of the Academic Appeals Committee, with a
copy to the other party, no later than five (5) business days after receipt of
the complaint and recommendations.
3. Makeup of the Committee. The dean of each college shall ensure that an
Academic Appeals Committee is constituted according to college procedures,
subject to the following parameters. Two faculty members shall come from the
college. The Personnel and Elections Committee of the Academic Senate shall
appoint one faculty member from outside the college. The faculty members shall
be appointed to the Committee for staggered three-year terms. The dean shall
appoint two undergraduate student members and two graduate student members who
are either from the relevant Student Advisory Committee or listed as a major
within the college. Undergraduate student and graduate student members will be
appointed for staggered two-year terms(3).
No more than one faculty member and two Committee members in total may come from
the same department in a multi-department college. The members of the Committee
who shall hear the case are the three faculty members and the two students from
the appealing student's peer group (i.e., undergraduates or graduates). The dean
shall designate one of the faculty members to serve as chair of the Committee.
The Committee shall establish internal procedures consistent with the Student
Code.
4. Conflicts of Interest. Upon written request of one of the parties or
Committee members, the dean may excuse any member of the Committee if the dean
determines that the member has a conflict of interest. The dean shall select an
appropriate replacement for the excused member (i.e., student or faculty
member).
5. Proceedings Before the Committees. When an appeal and response are
filed in a timely manner, the Committee chair shall schedule a hearing date if:
a. The documents raise material issues of disputed fact;
b. The Committee chair determines that a hearing is necessary or otherwise
desirable to aid in the resolution of the issues; or
c. The academic action included dismissal from a program.
If the Committee chair determines that no circumstances exist that require a hearing, as provided above, the chair shall within a reasonable time notify the student and the faculty member (the parties) in writing of this determination and convene a closed meeting of the Committee to consider the documentation submitted by the parties. The Committee chair shall prepare a written report of the Committee's findings and recommendations and present it to the dean of the college, or designee, within ten (10) business days after the Committee meeting.
6. Notice of Hearings Before Committees. If the Committee chair determines that a hearing is required, the chair shall schedule a hearing date and notify the parties in writing of the date of the hearing, the names of the Committee members, and the procedures outlined below at least fifteen (15) business days prior to the hearing.
7. Hearing Procedures.
Hearings shall be conducted according to the following procedures:
a. Hearings shall be conducted within a reasonable time after the Committee's
receipt of the written appeal and written response to the appeal.
b. At least five (5) business days prior to the date of the hearing, the parties
shall make available to each other and to the Committee a list of their
witnesses and a list of the documents to be offered at the hearing. In
exceptional circumstances, the Committee may allow a party to call witnesses not
listed or submit additional documents at the hearing.
c. The parties have a right to be accompanied by any person as advisor,
including legal counsel, who will be permitted to attend, but not directly
participate in, the proceedings.
d. Hearings shall be closed to the public.
e. All hearings, except Committee deliberations and voting, shall be recorded
and a copy made available to any party upon request. Committee deliberations and
voting shall take place in closed sessions.
f. The Committee must have a quorum present to hold a hearing. A quorum consists
of three (3) members, including at least one (1) student and the faculty member
from outside the college. If there is more than one hearing in a matter, or if
the hearing continues over more than one session, the same three members must be
present for all sessions. All findings and recommendations of the Committee
shall require a majority vote of the Committee members present at the hearing.
g. At the hearing, the parties shall have the right to present questions to
witnesses through the Committee chair, to present evidence and to call witnesses
in their own behalf, in accordance with the Committee's established internal
procedures.
h. The Committee shall not be bound by strict rules of legal evidence or
procedure and may consider any evidence it deems relevant.
i. University legal counsel shall serve as a resource to the Committee and may
be present at the hearing to provide guidance on substantive law and procedural
matters.
j. To overturn the original academic action, the Committee must find that the
academic action was arbitrary or capricious.
k. The Committee shall make its findings and recommendations based only on
evidence and testimony presented by the parties at the hearing. Committee
members shall not conduct their own investigations, rely on prior knowledge of
the facts or develop their own evidence.
l. If either party to the appeal fails to attend the hearing without good cause,
the Committee may proceed with the hearing and take testimony and evidence and
report its findings and recommendations to the dean of the college, or designee,
on the basis of such testimony and evidence.
m. The Committee chair shall prepare a written report of the Committee's
findings and recommendations and present it to the dean of the college, or
designee, within ten (10) business days after the conclusion of the hearing.
D. Review and Decision by the Dean or Designee
1. The dean of the college, or designee, shall consider the documentation
submitted to the Committee and the findings and recommendations of the Committee
in making a decision. Based upon such review, and without conducting further
hearings, the dean of the college, or designee, shall, within ten (10) business
days, take one of the following actions:
a. Accept the Committee’s findings and recommendations;
b. Return the report to the Committee chair, requesting that the Committee
reconvene to reconsider or clarify specific matters, materials, and issues, and
forward to the dean of the college, or designee, a second report of its findings
and recommendations relating to the specific matters referred by the dean of the
college, or designee, for further consideration; or
c. Reject all or parts of the Committee’s findings and recommendations, stating
reasons and actions to be taken therefore.
2. Written notification of the dean’s, or designee’s, decision shall be
communicated to the parties, to the chair of the Academic Appeals Committee and
to the cognizant vice president within ten (10) business days after receipt of
the recommendation.
3. The dean’s, or designee’s, decision is final unless appealed to the cognizant
vice president within ten (10) business days after receipt of the decision.
E. Appeal to Cognizant Senior Vice President
Within ten (10) business days of receipt of the dean's, or designee’s, decision,
any party may appeal the decision by filing a written notice of appeal with the
senior vice president for academic affairs or the senior vice president for
health sciences, as appropriate, and delivering a copy to the other party. The
other party may file a response to the appeal with the vice president within
five (5) business days of receipt of the notice of appeal. In the case of an
appeal:
1. The vice president shall consider the appeal and response to the appeal, and
may solicit whatever counsel and advice the vice president deems appropriate to
arrive at a final decision. The vice president may also convene an ad hoc
committee composed of students and faculty members from outside the college or
department to determine if there were substantial defects that denied basic
fairness and due process. After receiving the appeal, the vice president shall
within ten (10) business days, or within twenty (20) business days if an ad hoc
committee is formed, take one of the following actions:
a. Accept the decision of the dean of the college or his/her designee;
b. Return the report to the dean of the college, or his/her designee, requesting
that he/she clarify specific matters, materials, and issues, and forward to the
vice president a second report of his/her decision relating to the specific
matters referred by the vice president for further explanation; or
c. Reject all or parts of the dean’s, or designee’s, decision, stating reasons
and actions to be taken therefore.
2. Written notification of the vice president’s decision and the basis for that
decision shall be communicated to the parties, to the chair of the Academic
Appeals Committee and to the dean within ten (10) business days after receipt of
the appeal, or within twenty (20) business days after receipt of the appeal if
an ad hoc committee is formed.
3. The decision of the vice president is final. At the conclusion of the appeals
process, the chair of the department or dean of the college considering the
academic appeal shall take appropriate action to implement the final decision.
F. Copies of Documents to Department Chair
During the appeals process and at the time they are submitted, the following
documents should be copied to the chair of the department considering the
academic appeal: the first written appeal, all subsequent appeals, all
responsive documents, and all written recommendations or decisions made at each
level of the appeal.
G. Programs That Do Not Report to Academic Deans
In cases where a program does not report directly to an academic dean, the program director will serve as department chair, and the cognizant associate vice president will serve as dean for purposes of these proceedings. Any ambiguity concerning appeal procedures for courses offered in a program (e.g., determination of the relevant Academic Appeals Committee) shall be resolved by the program director, in consultation with the cognizant associate vice president, and in a manner that preserves the spirit and intent of this policy.
(1) If the academic
action results from a decision of a committee, e.g., the Promotions Committee of
the School of Medicine, the chair of the committee is the “faculty member” for
purposes of these procedures.
(2) In colleges without departments, the student shall appeal in writing to the
dean of the college. The dean of the college shall appoint one or more faculty
members from the college to serve as chair for purposes of these procedures. In
cases where the appeal occurs in a program that does not report directly to an
academic dean, but rather to an associate vice president, the cognizant program
director shall serve as department chair, and the cognizant associate vice
president shall serve as dean for purposes of these procedures.
(3) Colleges or departments offering only graduate programs may appoint only
graduate student members.
SECTION V: STUDENT
ACADEMIC CONDUCT
A. Standards of Academic Conduct
In order to ensure that the highest standards of academic conduct are promoted
and supported at the University, students must adhere to generally accepted
standards of academic honesty, including but not limited to refraining from
cheating, plagiarizing, research misconduct(1)
misrepresenting one's work, and/or inappropriately collaborating.
B. Academic Misconduct
A student who engages in academic misconduct as defined in Part I.B. may be
subject to academic sanctions including but not limited to a grade reduction,
failing grade, probation, suspension or dismissal from the program or the
University, or revocation of the student’s degree or certificate. Sanctions may
also include community service, a written reprimand, and/or a written statement
of misconduct that can be put into an appropriate record maintained for purposes
of the profession or discipline for which the student is preparing.
1. Any person who observes or discovers academic misconduct by a student should
file a written complaint with the faculty member responsible for the pertinent
academic activity within thirty (30) business days of the date of discovery of
the alleged violation.
2. A faculty member who discovers or receives a complaint of misconduct relating
to an academic activity for which the faculty member is responsible shall take
action under this code and impose an appropriate sanction for the misconduct.
3. Upon receipt of a complaint or discovery of academic misconduct, the faculty
member shall make reasonable efforts to discuss the alleged academic misconduct
with the accused student no later than twenty (20) business days after receipt
of the complaint, and give the student an opportunity to respond. Within ten
(10) business days thereafter, the faculty member shall give the student written
notice of the academic sanction, if any, to be taken and the student's right to
appeal the academic sanction to the Academic Appeals Committee for the college
offering the course. Such sanctions may include requiring the student to rewrite
a paper(s) or retake an exam(s), a grade reduction, a failing grade for the
exercise, or a failing grade for the course(2).
In no event shall the academic sanction imposed by the faculty member be more
severe than a failing grade for the course.
4. If the faculty member imposes the sanction of a failing grade for the course,
the faculty member shall, within ten (10) business days of imposing the
sanction, notify in writing, the chair(3)of
the student’s home department(4)
and the senior vice president for academic affairs or senior vice president for
health sciences, as appropriate, of the academic misconduct and the
circumstances which the faculty member believes support the imposition of a
failing grade. If the sanction imposed by the faculty member is less than a
failing grade for the course, the faculty member should report the misconduct to
the dean or chair of the student’s home department or college. (5)
Each college shall develop a policy specifying the dean and/or the chair as the
appropriate person to receive notice of sanctions less than a failing grade for
the course.
5. A student who believes that the academic sanction given by the faculty member
is arbitrary or capricious should discuss the academic sanction with the faculty
member and attempt to resolve the disagreement. If the student and faculty
member are unable to resolve the disagreement, the student may appeal the
academic sanction to the Academic Appeals Committee for the college offering the
course within fifteen (15) business days of receiving written notice of the
academic sanction.
6. If the faculty member, chair or vice president believes that the student's
academic misconduct warrants an academic sanction of probation, suspension or
dismissal from a program, suspension or dismissal from the University, or
revocation of a student’s degree or certificate, he/she may, within thirty (30)
business days of receiving notice of the misconduct, prepare a complaint with
recommendations, refer the matter to the chair or dean’s designee of the
student’s home department or college,(6)
and notify the student of
the complaint and recommendation. The chair and/or dean’s designee of the home
department/college may undertake an investigation of the allegations and
recommendations set forth in the complaint. Within ten (10) business days of
receipt of the complaint, the chair and/or dean’s designee shall forward the
complaint and recommendation to the Academic Appeals Committee of the home
college for proceedings in accordance with Section C, below, and so notify the
student in writing. The chair and/or dean may accompany the complaint with
his/her own recommendation supporting or opposing the sanction sought in the
complaint. The person initiating the original complaint continues as the
complainant in the case unless that person and the chair/dean's designee both
agree that the latter shall become the complainant. If the student has appealed
the academic sanction imposed by the faculty member, the time periods set forth
in this paragraph may be extended until ten (10) business days after the
resolution of the student’s appeal.
7. If a department chair, the dean, the senior vice president for academic
affairs and/or the senior vice president for health sciences, become aware of
multiple acts of academic misconduct by a student, they or their designees may,
within thirty (30) business days after receiving notice of the last act of
misconduct,(7)
prepare a
complaint with recommendations for probation, suspension or dismissal from a
program, suspension or dismissal from the University, or revocation of a degree
or certificate, and refer the matter to the Academic Appeals Committee of the
student’s home college(8)
for proceedings in accordance with Section C, below, and so notify the student
in writing.
C.
Proceedings Before the Academic Appeals Committee
1. Written Complaint and Recommendations or Appeal. The written complaint
and recommendations or the written appeal shall be delivered to the chair of the
Committee, with a copy to the other party.
2. Response to Complaint and Recommendations or Appeal. The person
responding to the complaint and recommendations or the appeal may deliver
his/her response to the chair of the Academic Appeals Committee, with a copy to
the other party, no later than five (5) business days after receipt of the
complaint and recommendations.
3. Makeup of the Committee. The dean of each college shall ensure that an
Academic Appeals Committee is constituted according to college procedures,
subject to the following parameters. Two faculty members shall come from the
college. The Personnel and Elections Committee of the Academic Senate shall
appoint one faculty member from outside the college. The faculty members shall
be appointed to the Committee for staggered three-year terms. The dean shall
appoint two undergraduate student members and two graduate student members who
are either from the relevant Student Advisory Committee or listed as a major
within the college. Undergraduate student and graduate student members will be
appointed for staggered two-year terms(9).
No more than one faculty member and two Committee members in total may come from
the same department in a multi-department college. The members of the Committee
who shall hear the case are the three faculty members and the two students from
the peer group of the student accused of academic misconduct (i.e.,
undergraduates or graduates). The dean shall designate one of the faculty
members to serve as chair of the Committee. The Committee shall establish
internal procedures consistent with the Student Code.
4. Conflicts of Interest. Upon written request of one of the parties or
Committee members, the dean may excuse any member of the Committee if the dean
determines that the member has a conflict of interest. The dean shall select an
appropriate replacement for the excused member (i.e., student or faculty
member).
5. Scheduling Hearings Before the Committees. When a complaint and
recommendations or an appeal, together with a response, are filed in a timely
manner, the Committee chair shall schedule a hearing date if:
a. The documents raise material issues of disputed fact;
b. The Committee chair determines that a hearing is necessary or otherwise
desirable to aid in the resolution of the issues; or
c. The possible sanctions against the student may include dismissal from the
University, dismissal from a program, suspension from either for longer than ten
(10) business days, or revocation of the student’s degree or certificate.
If the Committee chair determines that no circumstances exist that require a
hearing, as provided above, the chair shall notify the student and the faculty
member (the parties) in writing of this determination and convene a closed
meeting of the Committee to consider the documentation submitted by the parties.
The Committee chair shall prepare a written report of the Committee's findings
and recommendations and present it to the dean of the college, or designee,
within ten (10) business days after the Committee meeting.
6. Notice of Hearings Before Committees. If the Committee chair determines that a hearing is required, the chair shall schedule a hearing date and notify the parties in writing of the date of the hearing, the names of the Committee members, and the procedures outlined below at least fifteen (15) business days prior to the hearing.
7. Hearing Procedures. Hearings shall be conducted according to the following procedures:
a. Hearings shall be
conducted within a reasonable time after the Committee's receipt of the written
complaint and recommendations or the written appeal, and the response.
b. At least five (5) business days prior to the date of the hearing, the parties
shall make available to each other and to the Committee a list of their
witnesses and a list of the documents to be offered at the hearing. In
exceptional circumstances, the Committee may allow a party to call witnesses not
listed or submit additional documents at the hearing.
c. The parties have a right to be accompanied by any person as advisor,
including legal counsel, who will be permitted to attend, but not directly
participate in, the proceedings.
d. Hearings shall be closed to the public.
e. All hearings, except Committee deliberations and voting, shall be recorded
and a copy made available to any party upon request. Committee deliberations and
voting shall take place in closed sessions.
f. The Committee must have a quorum present to hold a hearing. A quorum consists
of three (3) members, including at least one (1) student and the faculty member
from outside the college. If there is more than one hearing in a matter, or if
the hearing continues over more than one session, the same three members must be
present for all sessions. All findings and recommendations of the Committee
shall require a majority vote of the Committee members present at the hearing.
g. At the hearing, the parties shall have the right to present questions to
witnesses through the Committee chair, to present evidence and to call witnesses
in their own behalf, in accordance with the Committee's established internal
procedures.
h. The Committee shall not be bound by strict rules of legal evidence or
procedure and may consider any evidence it deems relevant.
i. University legal counsel shall serve as a resource to the Committee and may
be present at the hearing to provide guidance on substantive law and procedural
matters.
j. In the hearing, the Committee must determine, by a preponderance of the
evidence, whether the student engaged in the alleged academic misconduct. If the
Committee answers this question in the affirmative, the Committee may then
recommend any academic sanction it deems appropriate under the entire
circumstances of the case, including but not limited to suspension or dismissal
from the program or the University, or revocation of a student’s degree or
certificate.
k. The Committee shall make its findings and recommendations based only on
evidence and testimony presented by the parties at the hearing. Committee
members shall not conduct their own investigations, rely on prior knowledge of
the facts or develop their own evidence.
l. If either party presenting to the Academic Appeals Committee fails to attend
the hearing without good cause, the Committee may proceed with the hearing and
take testimony and evidence and report its findings and recommendations to the
dean of the college, or designee, on the basis of such testimony and evidence.
m. The Committee chair shall prepare a written report of the Committee's
findings and recommendations and present it to the dean of the college, or
designee, within ten (10) business days after the conclusion of the hearing. A
report that recommends sanctions no more serious than a failing grad, shall be
presented to the dean of the college offering the course. Reports recommending
sanctions greater than a failing grade (e.g. suspension or dismissal) shall be
presented to the dean of the student’s home college.(10)
D. Review and Decision by the Dean or Designee
1. The dean of the college, or designee, shall consider the documentation
submitted to the Committee and the findings and recommendations of the Committee
in making a decision. Based upon such review, and without conducting further
hearings, the dean of the college, or designee, shall, within ten (10) business
days, take one of the following actions:
a. For any recommendation other than dismissal or suspension from the University
or revocation of a degree or certificate, accept the Committee’s findings and
recommendations and impose the recommended sanctions;
b. For a recommendation of dismissal or suspension from the University or
revocation of a degree or certificate, concur with the Committee’s findings and
recommendations and refer the matter with a confirming recommendation to the
cognizant vice president for a decision;
c. Return the report to the Committee chair(11),
requesting that the Committee reconvene to reconsider or clarify specific
matters, materials, and issues, and forward to the dean of the college, or
designee, a second report of its findings and recommendations relating to the
specific matters referred by the dean of the college, or designee, for further
consideration. (If a report to the dean recommends sanctions greater than a
failing grade and has originated from a Committee outside of the dean’s college,
the dean may refer the matter to the chair of his/her own college Academic
Appeals Committee for further review and recommendations.); or
d. Reject all or parts of the Committee’s findings and recommendations, stating
reasons and actions to be taken therefore. The dean may impose (or recommend to
the cognizant vice president) a greater or lesser sanction than recommended by
the Committee.
2. Written notification of the dean’s, or designee’s, decision shall be
communicated to the parties, to the chair of the Academic Appeals Committee and
to the cognizant senior vice president within ten (10) business days of receipt
of the Committee’s findings and recommendations.
3. The dean’s, or designee’s, decision is final unless appealed to the cognizant
senior vice president within ten (10) business days.
E. Appeal to Cognizant Senior Vice President (or to the President when
appropriate)(12)
Within ten (10) business days of receipt of the dean's, or designee’s, decision,
any party may appeal the decision by filing a written notice of appeal with the
senior vice president for academic affairs or the senior vice president for
health sciences, as appropriate, and delivering a copy to the other party. The
other party may file a response to the appeal with the vice president within
five (5) business days of receipt of the appeal. In the case of an appeal:
1. The vice president shall consider the appeal and response to the appeal, and
may solicit whatever counsel and advice the vice president deems appropriate to
arrive at a final decision. The vice president may also convene an ad hoc
committee composed of students and faculty members from outside the college or
department to determine if there were substantial defects that denied basic
fairness and due process. After receiving the appeal, the vice president shall,
within ten (10) business days, or within twenty (20) business days if an ad hoc
committee is formed, take one of the following actions:
a. Accept the decision of the dean of the college or his/her designee;
b. Return the report to the dean of the college, or his/her designee, requesting
that he/she clarify specific matters, materials and issues, and forward to the
vice president a second report of his/her decision relating to the specific
matters referred by the vice president for further explanation; or
c. Reject all or parts of the dean’s, or designee’s, decision, stating reasons
and actions for imposing a greater or lesser sanction than determined by the
dean.
2. Written notification of the vice president’s decision and the basis for that
decision shall be communicated to the parties, to the chair of the Academic
Appeals Committee and to the dean within ten (10) business days after receipt of
the appeal, or within twenty (20) business days after receipt of the appeal if
an ad hoc committee is formed.
3. The decision of the vice president is final.
F. Suspension or Dismissal from a Program or from the University, or
Revocation of a Degree or Certificate
The sanctions of suspension and dismissal and revocation for academic misconduct
may be imposed: (1) if recommended by the Academic Appeals Committee to the
dean; (2) if deemed appropriate by the dean notwithstanding the recommendation
from the committee; or (3) by the cognizant vice president notwithstanding the
decision (or recommendation) of the dean. A student who has been suspended or
dismissed from the University shall be denied all privileges accorded to a
student.
1. Suspension from a Program or from the University.
a. Suspension shall be for a minimum time of one semester following the semester
the student is found responsible for academic misconduct.
b. The dean of the relevant college shall notify the student in writing of the
suspension, conditions for reinstatement, and of the obligation of the student
to petition for reinstatement.
c. Petitions for reinstatement shall be submitted to the relevant dean and shall
explain how the conditions for reinstatement have been met.
d. The relevant dean shall consider the petition and shall issue a decision
regarding the student’s reinstatement within fifteen (15) business days of
receipt of the petition.
e. The relevant dean may grant conditional reinstatement contingent upon the
student meeting written requirements specified in the original sanction (e.g.,
minimum grade point average requirement, ineligibility to participate in
specified student activities or on specified student committees).
f. The notice of the dates for which the student is suspended will remain on
his/her transcript until he/she has been reinstated to the program or to the
University, or for five (5) years if he/she is not reinstated to the program or
to the University.
2. Dismissal from a Program or from the University.
a. Dismissals from a program or from the University are final. A student
dismissed from a program or from the University for academic misconduct may not
petition for reinstatement.
b. Permanent records of dismissal shall be kept in the office of the registrar.
c. The dismissed student’s transcript will reflect his/her dismissal.
d. Dismissal should be reserved for only the most egregious of offenses.
3. Revocation of a Degree or Certificate.
a. Decisions to revoke a degree or certificate are final.
b. Permanent records concerning the revocation of a degree or certificate shall
be kept in the office of the registrar.
c. The revocation of a degree or certificate shall be noted on the student’s
transcript.
d. Revocation of a degree or certificate should be reserved for only the most
egregious of offenses.
G. Copies of Documents to Department Chair
During the appeals process and at the time they are submitted, the following
documents should be copied to the chair of the department considering the
academic misconduct: the first written complaint and recommendations, the first
written appeal, all subsequent appeals, all responsive documents, and all
written recommendations or decisions made at each level of the appeal.
H. Programs That Do Not Report to Academic Deans
In cases where a
program does not report directly to an academic dean, the program director will
serve as department chair, and the cognizant associate vice president will serve
as dean for purposes of these proceedings. Any ambiguity concerning procedures
set forth in this policy for courses offered in a program (e.g. determination of
the relevant Academic Appeals Committee) shall be resolved by the program
director, in consultation with the cognizant associate vice president, and in a
manner that preserves the spirit and intent of this policy.
I. Implementation of Sanction for Academic Misconduct
At the conclusion of the appeals process, the chair of the department or dean of
the college considering the academic misconduct shall take appropriate action to
implement the final decision. If the student is found responsible for academic
misconduct, the chair or dean shall notify, in writing, the student’s department
or program of study of the violation, the proceedings, and the final decision.(13)
If the sanction involves suspension or dismissal from a program or from the
University or revocation of a degree or certificate, the chair or dean shall
also convey the decision to the office of the registrar for notation on the
transcript.
J. Reporting of Academic Misconduct
No University employee shall provide information to a person or entity
concerning a student’s academic misconduct without fully complying with The
Family Educational Rights and Privacy Act (20 U.S.C.A. § 1232g) and the
Government Records Access and Management Act (U.C.A. §63-2-101). In most
circumstances, such as requests from a licensing body or an employer,
information may only be provided with the prior written consent of the student.
In some circumstances, however, such as requests from other institutions where
the student seeks or intends to enroll, information may be provided without the
consent of the student but only after following appropriate procedures outlined
in these statutes.
K. Other University Proceedings
If the filing of a complaint or an appeal relating to academic misconduct raises
other issues concerning behavioral or professional misconduct, the cognizant
senior vice president, or designee, the dean of students, and the involved
University administrator shall determine the appropriate procedure(s) for
processing the complaint or the appeal.
L. Retention of Records of Proceedings
Records of proceedings under the Student Code shall be confidential to the
extent permitted by law. Records of academic misconduct shall be kept in the
office of the registrar, and a copy may be retained in other academic
departments as appropriate.
(1)
Claims of misconduct in sponsored research will be handled in accordance with
Policy and Procedures No. 6-1.1. In addition, such claims may also be consider
under this code.
(2) If a student attempts to withdraw from a course after engaging in academic
misconduct, withdrawal may be denied by the University whether or not the
attempt is made before the official withdrawal date and a failing grade may be
imposed for the course.
(3) In colleges without departments, the faculty member shall notify the dean of
the college.
(4) If the student’s home department is unknown or undecided, the faculty
member should report the academic misconduct to the senior vice president for
academic affairs or the senior vice president for health sciences and the
Associate Dean for Advising, University College.
(5) See FN 4.
(6) If the student’s home college is unknown or undecided, the person
pursuing the complaint should report the academic misconduct to the senior vice
president for academic affairs, or the senior vice president for health
sciences. The action for misconduct may then be pursued through the Academic
Appeals Committee of the college offering the course.
(7) If the student appeals a failing grade or other lesser sanction imposed for the last act of misconduct, the dean or vice president for the student’s home college may delay action under this section until ten (10) business days following notice of the determination on the student’s appeal.
(8) If the student’s home college is unknown or undecided, proceedings for
misconduct should be pursued through the Academic Appeals Committee of the
college in which the last act of misconduct occurred.
(9) Colleges or departments offering only graduate programs may appoint only graduate students.
(10) See FN. 4.
(11) In cases where the dean recommends a sanction of suspension or dismissal
from the University or revocation of a degree or certificate, which sanction is
implemented by the cognizant vice president, the appeal shall be made directly
to the president of the University.
(12)
See FN. 4.
SECTION VI: STUDENT PROFESSIONAL AND ETHICAL CONDUCT
A. Standards of Professional Conduct
In order to ensure that the highest standards of professional and ethical
conduct are promoted and supported at the University, students must adhere to
the prescribed professional and ethical standards of the profession or
discipline for which the student is preparing, as adopted or recognized as
authoritative by the relevant academic program.
B. Professional Misconduct
A student who engages in professional misconduct (see Part I.B.) may be subject
to academic sanctions including but not limited to a grade reduction, failing
grade, probation, suspension or dismissal from the program or the University,
revocation of a student’s degree or certificate, or comparable professional
credentialing sanctions. Sanctions may also include community service, a written
reprimand, and/or a written statement of misconduct that can be put into an
appropriate record maintained for purposes of the profession or discipline for
which the student is preparing.
1. Any person who observes or discovers that a student has engaged in
professional misconduct should file a written complaint with the office of the
dean of the college within forty-five (45) business days of the date of
discovery of the alleged violation.
2. Upon receipt of the complaint, the dean of the college shall notify the
department chair or program director, and within a reasonable time discuss the
alleged misconduct with the accused student and give the student an opportunity
to respond. The dean of the college may interview the complaining party and any
other persons believed to have pertinent factual knowledge of the allegations.
The dean of the college may also review any other relevant evidence, including
documentary evidence. The dean may delegate the above responsibilities to a
designee, who will report his/her findings to the dean.
3. The dean of the college shall determine whether there is a reasonable basis
to believe that the student engaged in professional misconduct.
4. If the dean of the college determines that there is no reasonable basis to
believe that the student engaged in professional misconduct, the dean of the
college, or designee, shall, within twenty (20) business days of receipt of the
complaint, notify the student and the matter will be dismissed.
5. If the dean of the college determines that there is a reasonable basis for
believing that the student engaged in professional misconduct, he/she shall
determine whether efforts at informal resolution are appropriate and, if so,
shall take whatever steps are useful to that end within twenty (20) business
days of receipt of the complaint. If an informal resolution is reached and the
responding student complies with the terms and conditions of the resolution, no
further action against the student will be taken and the matter will be closed.
6. If informal resolution is inappropriate, or if efforts at informal resolution
are not successful, the dean of the college shall, within twenty (20) business
days of receipt of the complaint, refer the complaint, including his/her
recommendation for academic sanctions, to the Academic Appeals Committee for
proceedings in accordance with Section C, below, and so notify the student in
writing.
C. Proceedings Before the Academic Appeals Committee
1. Written Complaint and Recommendations. The written complaint and
recommendations shall be delivered to the chair of the Committee, with a copy to
the student.
2. Response to Complaint and Recommendations. The student responding to the
complaint and recommendations may deliver his/her response to the chair of the
Academic Appeals Committee, with a copy to the dean, no later than five (5)
business days after receipt of the complaint and recommendations.
3. Makeup of the Committee. The dean of each college shall ensure that an
Academic Appeals Committee(1) is constituted according to college procedures,
subject to the following parameters. Two faculty members shall come from the
college. The Personnel and Elections Committee of the Academic Senate shall
appoint one faculty member from outside the college. The faculty members shall
be appointed to the Committee for staggered three-year terms. The dean shall
appoint two undergraduate student members and two graduate student members who
are either from the relevant Student Advisory Committee or listed as a major
within the college. Undergraduate student and graduate student members will be
appointed for staggered two-year terms(2). No more than one faculty member and
two Committee members in total may come from the same department in a
multi-department college. The members of the Committee who shall hear the case
are the three faculty members and the two students from the peer group of the
student accused of professional misconduct (i.e., undergraduates or graduates).
The dean shall designate one of the faculty members to serve as chair of the
Committee. The Committee shall establish internal procedures consistent with the
Student Code.
4. Conflicts of Interest. Upon written request of one of the parties or
Committee members, the dean may excuse any member of the Committee if the dean
determines that the member has a conflict of interest. The dean shall select an
appropriate replacement for the excused member (i.e., student or faculty
member).
5. Scheduling Hearings Before the Committees. When a complaint and
recommendations together with a response are filed in a timely manner, the
Committee chair shall schedule a hearing date if:
a. The documents raise material issues of disputed fact;
b. The Committee chair determines that a hearing is necessary or otherwise
desirable to aid in the resolution of the issues; or
c. The possible sanctions against the student may include dismissal from the
University, dismissal from a program, suspension from either for longer than ten
(10) business days, or revocation of the student’s degree or certificate.
If the Committee chair determines that no circumstances exist that require a
hearing, as provided above, the chair shall notify the student and the dean of
the college (the parties) in writing of this determination and within a
reasonable time convene a closed meeting of the Committee to consider the
documentation submitted by the parties. The Committee chair shall prepare a
written report of the Committee's findings and recommendations and present it to
the cognizant senior vice president, or designee, within ten (10) business days
after the Committee meeting.
6. Notice of Hearings Before Committees. If the Committee chair determines that a hearing is required, the chair shall schedule a hearing date and notify the parties in writing of the date of the hearing, the names of the Committee members, and the procedures outlined below at least fifteen (15) business days prior to the hearing.
7. Hearing Procedures. Hearings shall be conducted according to the
following procedures:
a. Hearings shall be conducted within a reasonable time after the Committee's
receipt of the written complaint and recommendations and the response.
b. At least five (5) business days prior to the date of the hearing, the parties
shall make available to each other and to the Committee a list of their
witnesses and a list of the documents to be offered at the hearing. In
exceptional circumstances, the Committee may allow a party to call witnesses not
listed or submit additional documents at the hearing.
c. The parties have a right to be accompanied by any person as advisor,
including legal counsel, who will be permitted to attend, but not directly
participate in, the proceedings.
d. Hearings shall be closed to the public.
e. All hearings, except Committee deliberations and voting, shall be recorded
and a copy made available to any party upon request. Committee deliberations and
voting shall take place in closed sessions.
f. The Committee must have a quorum present to hold a hearing. A quorum consists
of three (3) members, including at least one (1) student and the faculty member
from outside the college. If there is more than one hearing in a matter, or if
the hearing continues over more than one session, the same three members must be
present for all sessions. All findings and recommendations of the Committee
shall require a majority vote of the Committee members present at the hearing.
g. At the hearing, the parties shall have the right to present questions to
witnesses through the Committee chair, to present evidence and to call witnesses
in their own behalf, in accordance with the Committee's established internal
procedures.
h. The Committee shall not be bound by strict rules of legal evidence or
procedure and may consider any evidence it deems relevant.
i. University legal counsel shall serve as a resource to the Committee and may
be present at the hearing to provide guidance on substantive law and procedural
matters.
j. In the hearing, the Committee must determine, by a preponderance of the
evidence, whether the student engaged in the alleged professional misconduct. If
the Committee answers this question in the affirmative, the Committee may then
recommend any academic sanction it deems appropriate under the entire
circumstances of the case.
k. The Committee shall make its findings and recommendations based only on
evidence and testimony presented by the parties at the hearing. Committee
members shall not conduct their own investigations, rely on prior knowledge of
the facts or develop their own evidence.
l. If either party presenting to the Academic Appeals Committee fails to attend
the hearing without good cause, the Committee may proceed with the hearing and
take testimony and evidence and report its findings and recommendations to
either the senior vice president for academic affairs, or senior vice president
for health sciences, as appropriate, on the basis of such testimony and
evidence.
m. The Committee chair shall prepare a written report of the Committee's
findings and recommendations and present it to the cognizant senior vice
president within ten (10) business days after the conclusion of the hearing.
D. Review and Decision by the Cognizant Senior Vice President
1. The vice president shall consider the documentation submitted to the
Committee and the findings and recommendations of the Committee in making a
decision. Based upon such review, and without conducting further hearings, the
vice president shall, within ten (10) business days, take one of the following
actions:
a. Accept the Committee’s findings and recommendations;
b. Return the report to the Committee chair, requesting that the Committee
reconvene to reconsider or clarify specific matters, materials, and issues, and
forward to the vice president a second report of its findings and
recommendations relating to the specific matters referred by the vice president
for further consideration; or
c. Reject all or parts of the Committee’s findings and recommendations, stating
reasons and actions to be taken therefore. The vice president may impose greater
or lesser sanctions than recommended by the Committee.
2. Written notification of the vice president’s decision shall be communicated
to the parties, to the chair of the Academic Appeals Committee and to the
president within ten (10) business days of receipt of the Committee’s findings
and recommendations.
3. The vice president’s decision is final unless appealed to the president
within ten (10) business days of receipt of the decision.
E. Appeal to President
Within ten (10) business days of receipt of the vice president’s decision, any
party may appeal the decision by filing a written notice of appeal with the
president and delivering a copy to the other party. The other party may file a
response to the appeal with the president within five (5) business days of
receipt of the appeal. In the case of an appeal:
1. The president shall consider the appeal and response to the appeal and may
solicit whatever counsel and advice the president deems appropriate to arrive at
a final decision. The president may also convene an ad hoc committee composed of
students and faculty members from outside the college or department to determine
if there were substantial defects that denied basic fairness and due process.
After considering the appeal, the president shall, within ten (10) business
days, or within twenty (20) business days if an ad hoc committee is formed, take
one of the following actions:
a. Accept the decision of the vice president;
b. Return the report to the vice president, requesting that he/she clarify
specific matters, materials, and issues, and forward to the president a second
report of his/her decision relating to the specific matters referred by the
president for further explanation; or
c. Reject all or parts of the vice president’s decision, stating reasons and
actions for imposing a greater or lesser sanction than determined by the vice
president.
2. Written notification of the president’s decision and the basis for that
decision shall be communicated to the student, to the academic dean or dean’s
designee, to the vice president, and to the chair of the Academic Appeals
Committee within ten (10) business days after receipt of the appeal, or within
twenty (20) business days after receipt of the appeal if an ad hoc committee is
formed.
3. The decision of the president is final.
F. Suspension or Dismissal from a Program or from the University, and
Revocation of a Degree or Certificate
The sanctions of suspension, dismissal, and revocation for professional
misconduct may be imposed: (1) if agreed upon in informal resolution between the
responding student and the dean of the college; (2) if recommended by the
Academic Appeals Committee to the cognizant vice president; (3) by the vice
president notwithstanding the recommendation from the committee; or (4) by the
president notwithstanding the decision of the vice president. A student who has
been suspended or dismissed from the University shall be denied all privileges
accorded to a student.
1. Suspension from a Program or from the University.
a. Suspension shall be for a minimum time of one semester following the semester
the student is found responsible for professional or academic misconduct.
b. The dean of the relevant college shall notify the student in writing of the
suspension, conditions for reinstatement, and of the obligation of the student
to petition for reinstatement.
c. Petitions for reinstatement shall be submitted to the relevant dean and shall
explain how the conditions for reinstatement have been met.
d. The relevant dean shall consider the petition and shall issue a decision
regarding the student’s reinstatement within fifteen (15) business days of
receipt of the petition.
e. The relevant dean may grant conditional reinstatement contingent upon the
student meeting written requirements specified in the original sanction.
f. The notice of the dates for which the student is suspended will remain on
his/her transcript until he/she has been reinstated to the program or to the
University, or for five (5) years if he/she is not reinstated to the program or
to the University.
2. Dismissal from a Program or from the University.
a. Dismissals from a program or from the University are final. A student
dismissed from a program or from the University for professional misconduct may
not petition for reinstatement.
b. Permanent records of dismissal shall be kept in the office of the registrar.
c. The dismissed student’s transcript will reflect his/her dismissal.
d. Dismissal should be reserved for only the most egregious of offenses.
3. Revocation of a Degree or Certificate.
a. Decisions to revoke a degree or certificate are final.
b. Permanent records concerning the revocation of a degree or certificate shall
be kept in the office of the registrar.
c. The revocation of a degree or certificate shall be noted on the student’s
transcript.
d. Revocation of a degree or certificate should be reserved for only the most
egregious of offenses.
G. Internal Reporting of Professional Misconduct
The dean shall take appropriate action to implement the final decision. If the
student is found responsible for professional misconduct, the dean shall notify,
in writing, the student’s department or program of study of the violation, the
proceedings, and the final decision. If the sanction involves suspension or
dismissal from a program or from the University or revocation of a degree or
certificate, the dean shall also convey the decision to the office of the
registrar for notation on the transcript.
H. Administrative Suspension to Protect the University Community or the
Public
The senior vice president for academic affairs (or designee) or the senior vice
president for health sciences (or designee) may suspend a student from the
University prior to an initial inquiry and hearing before the Academic Appeals
Committee if such action appears necessary to protect the health or well-being
of any member of the University community, any member of the public or to
prevent serious disruption of the academic process. Prior to, contemporaneous
with, or immediately after the suspension, the vice president shall give the
student written notice of the suspension specifying the alleged misconduct and
setting forth briefly the relevant facts and supporting evidence. The vice
president shall then provide the student with an opportunity to meet with
him/her to present the student's views and object to the suspension. This
meeting shall take place prior to the suspension taking effect or as soon as
possible thereafter. The vice president shall thereafter immediately refer the
complaint to the appropriate University administrator for proceedings under the
code, and the suspension will be in effect pending a final determination of the
matter. The vice president shall notify other University administrators of the
suspension as appropriate.
I. Reporting of Professional Misconduct
No University employee shall provide information to a person or entity
concerning a student’s professional misconduct without fully complying with The
Family Educational Rights and Privacy Act (20 U.S.C.A. § 1232g) and the
Government Records Access and Management Act (U.C.A. §63-2-101). In most
circumstances, such as requests from a licensing body or an employer,
information may only be provided with the prior written consent of the student.
In some circumstances, however, such as requests from other institutions where
the student seeks or intends to enroll, information may be provided without the
consent of the student but only after following appropriate procedures outlined
in the statutes.
J. Other University Proceedings
If the filing of a complaint or an appeal relating to professional misconduct
under the Student Code raises other issues concerning behavioral or academic
misconduct, the cognizant senior vice president, or designee, the dean of
students, and the involved University administrator shall determine the
appropriate procedure(s) for processing the complaint or the appeal.
K. Retention of Records of Proceedings
Records of proceedings under the Student Code shall be confidential to the
extent permitted by law. Records of professional misconduct shall be kept in the
office of the registrar, and a copy may be maintained in other academic
departments as appropriate.
(1) When necessary to comply with
accreditation or licensing standards, a department may establish a departmental
Academic Appeals Committee in lieu of the college Academic Appeals Committee to
hear allegations of professional misconduct. The departmental committee shall be
composed of two faculty members and two students from the department (or
professional program within the department) and one faculty member from outside
the department. Hearings by the departmental committee shall be conducted in
accordance with the procedures established in Part VI.C, for the college
Academic Appeals Committee.
(2) Colleges or departments offering only graduate programs
may appoint only graduate student members.
SECTION VII: STUDENT RECORDS
A. General
The privacy and confidentiality of all student records shall be preserved as
outlined in relevant federal and local laws (i.e. The Family Educational Rights
and Privacy Act (20 U.S.C.A. §1232g) and the Government Records Access
Management Act (U.C.A. §63-2-101)). University interpretation of the Family
Educational Rights and Privacy Act as it pertains to University of Utah students
is available from the office of the vice president for student affairs.
Official student records shall be maintained only by members of the University
staff employed for that purpose. Separate record files may be maintained under
the following categories: (i) academic, academic counseling, financial aid, and
placement; (ii) disciplinary; (iii) medical, psychiatric, and health counseling.
When justified by legitimate law enforcement needs, the campus security agency
may maintain confidential records relating primarily to its investigative
function.
B. Access and Challenge of Accuracy of Records
Access to the student's official records and files is guaranteed every student
subject to the limitations set forth in relevant federal and local laws (i.e.
The Family Educational Rights and Privacy Act (20 U.S.C.A. § 1232g) and the
Government Records Access and Management Act (U.C.A. §63-2-101)). Students with
complaints, inquiries, or requests for review of official records are directed
to the vice president for student affairs.
C. Matters Prohibited in Official Records
Except as required by law or governmental regulations or as authorized by
written consent of the student involved, official student records will not
contain information regarding a student's race, religion, disability, political
opinions, social opinions, or membership in any organizations other than
honorary and professional organizations directly related to the educational
process. Except as required by law or applicable governmental or University
regulations, information regarding marital status shall not be included in the
official student records of any student who has filed a written objection to the
inclusion of that information in his/her records and has not filed a subsequent
written revocation thereof.
D. Official Disciplinary Records
Records of behavioral or academic sanctions imposed by the Student Behavior
Committee, by the Academic Appeals Committee, or by any authorized official of
the University shall be maintained in the office of the dean of students and/or
the office of the registrar. Records of behavioral, academic or professional
misconduct may also be maintained in the official files of a department or
program, and by the senior vice president for academic affairs or senior vice
president for health sciences. No notation of behavioral or academic sanctions
shall be entered or made on the student's academic transcripts except in the
following circumstances: 1) when the student is suspended from a program or from
the University for academic or professional misconduct; 2) when the student is
dismissed from a program or from the University for behavioral, academic or
professional misconduct; or 3) when the student’s degree or certificate has been
revoked. In a case of dismissal, suspension, or revocation, the entry on the
transcripts of the student shall merely state: "Dismissed from the University
for Behavioral Misconduct” or “Dismissed/Suspended from the [program]/University
for Academic/Professional Misconduct” or “Degree/Certificate Revoked for
Academic/Professional Misconduct” and the date of such action. Notices of
dismissal or revocation shall not be removed from the student’s academic
transcripts. Notices of suspension shall be entirely removed from the student's
academic transcripts after the student is reinstated in the program or at the
University. If the student is not reinstated due to his/her failure to fulfill
the conditions of the suspension, the notice shall be removed five (5) years
after the suspension is first imposed.
E. Confidential Character of Student Records
The University must conform to the requirements of the statutes referred to in
Section A “General” and Section B “Access to and Challenge of Accuracy of
Records” forbidding the release of personally identifiable student education
records or files, or personal information contained therein, without the written
consent of the student. Subject to applicable legal requirements, it is the
policy of the University that:
1. Members of the administration and the instructional staff will have access to
student records for legitimate purposes such as student advising, administrative
planning and statistical reporting.
2. Directory information, such as the student's name, address, telephone number,
date and place of birth, major field of study, participation in officially
recognized activities or sports, weight and height of members of athletic teams,
dates of attendance, degrees and awards received, the most recent previous
educational agency or institution attended by the student, current semester
class schedule, and other similar information may be disclosed to an inquirer
unless the student specifically withholds permission to do so.
3. Authorized representatives of federal and state governments may have access
to student records to the extent necessary for audit and evaluation of federally
supported education programs or of compliance with federal legal requirements
relating to such programs, and subject to the limitation that personally
identifiable data shall not be disclosed except to the extent specifically
authorized by federal law.
4. The right of access to a student's records without the consent of the student
is not extended to the parents of the student unless the student has been
established as a “dependent” as defined in Section 152 of the Internal Revenue
Code of 1954.
5. Records created or maintained by a physician, psychologist, or other
recognized professional or para-professional acting in that capacity, which are
created, maintained, and used only in connection with treatment of a student are
not available for review except by an appropriate professional of the student's
choice, or in compliance with an order from a court of competent jurisdiction.
F. Treatment of Official Records Following Graduation or Withdrawal
Upon graduation or withdrawal from the University, the official records of
former students shall continue to be subject to the provisions of this code.
Approved: Academic Senate 5/03/2004
Approved: Board of Trustees 5/10/2004
MO1