Student Code of Conduct
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ARTICLE V. UNIVERSITY REGULATIONS REGARDING STUDENT CONDUCT
The student at Utah State University is a member of both a civil community and a campus community. The regulations of both communities are applicable to the student.
SECTION V-1. Off-Campus Conduct
The University is concerned and involved with student conduct both on and off campus. The University Standards (Section V-3, below) apply to violations committed on campus, on any property owned, leased, or controlled by the University, or at any location where a student is engaged in an official University activity or the student represents the University, as well as occurring in practicum, internship, student field trip, student teaching, and independent study settings. When conduct occurs off-campus, the Vice President for Student Services, in concert with University attorney(s) and other University officials, shall determine whether disciplinary action should be undertaken.
SECTION V-2. Violation of Federal, State, or Local Laws
Students are expected to obey federal, state, and local laws.
The University reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community. Such action may include pursuing disciplinary action for any violation of federal, state, or local law that affects the university’s educational interests. University disciplinary action may be instituted against a student who is alleged in either a civil or criminal proceeding to have violated the law or the rights of others, when the student's actions also constitute a violation of University Standards. University disciplinary proceedings may be commenced without regard to the pendency of civil litigation or criminal prosecution; University discipline may be carried out prior to, simultaneously with, or following civil or criminal proceedings conducted by off campus persons or authorities.
The student convicted of a crime committed on or off campus may be in violation of University Standards, and the offense may be reviewed when it comes to the knowledge of the University and make the student subject to University discipline. The Vice President for Student Services, in concert with University attorney(s) and other University officials, shall determine whether disciplinary action should be undertaken.
SECTION V-3. University Standards of Student Conduct
All Misconduct violations (or suspected Misconduct violations) shall be reported to the Vice President for
Student Services by faculty, staff, and students who have knowledge or information regarding the same.
- Academic Integrity — “The Honor System”
Each student has the right and duty to pursue his or her academic experience free of dishonesty. The Honor System is designed to establish the higher level of conduct expected and required of all Utah State University students. Page 12 of 37 The Honor Pledge — To enhance the learning environment at Utah State University and to develop student academic integrity, each student agrees to the following Honor Pledge:
“I pledge, on my honor, to conduct myself with the foremost level of academic integrity. Acts of academic dishonesty include but are not limited to:
- Cheating: (1) using or attempting to use or providing others with any unauthorized assistance in taking quizzes, tests, examinations, or in any other academic exercise or activity, including working in a group when the instructor has designated that the quiz, test, examination, or any other academic exercise or activity be done “individually”; (2) depending on the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) substituting for another student, or permitting another student to substitute for oneself, in taking an examination or preparing academic work; (4) acquiring tests or other academic material belonging to a faculty member, staff member, or another student without express
permission; (5) continuing to write after time has been called on a quiz, test, examination, or any other academic exercise or activity; (6) submitting substantially the same work for credit in more than one class, except with prior approval of the instructor; or (7) engaging in any form of research fraud.
- Falsification: altering or fabricating any information or citation in an academic exercise or activity.
- Plagiarism: representing, by paraphrase or direct quotation, the published or unpublished work of another person as one's own in any academic exercise or activity without full and clear acknowledgment. It also includes using materials prepared by another person or by an agency engaged in the sale of term papers or other academic materials.
In accord with the principles of “community” endorsed by the University (see: Preface), the conduct listed below and the conduct described in paragraph C. has been found to interfere with University functions or threaten the well-being and the educational purposes of students. Any student who engages in proscribed conduct shall be subject to discipline under Article V, Section V-5.
Misconduct includes but is not limited to:
- Possessing, consuming, selling, distributing, manufacturing, and/or storing any alcoholic beverage on campus (or property owned or controlled by the University, including athletic events) or at any off- campus University function or event. Off-campus University functions are subject to federal, state, and local laws. (See: Drug and Alcohol-Free Workplace pamphlet for summaries of these laws.) Any students who choose to drink off-campus are expected to obey federal, state, and local laws and maintain responsible control over their drinking.
- Possessing, using, selling, manufacturing, or distributing any hallucinatory, narcotic, illegal, or controlled substance, as defined by federal or state laws, except as expressly permitted by such laws. (See: Drug and Alcohol-Free Workplace pamphlet for summaries of these laws.)
- Possessing, purchasing, selling, distributing, attempting to possess or purchase, or offering to sell or distribute any psychotoxic chemical solvent (as defined by state law), either on campus (or property owned or controlled by the University, including athletic events) or at any off-campus University sponsored function or event. Also, intentionally smelling or inhaling the fumes of any such psychotoxic chemical solvent for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system.
- Using University funds or any funds under the management and control of the University to defray the cost of purchase or consumption of alcoholic beverages either on or off campus.
- Smoking in (or within 25 feet of an entry to) any building owned or controlled by the University (including the football stadium) or, if under the age of 19, smoking or otherwise using any cigar, cigarette, or tobacco product in any form.
- Selling, offering for sale, giving, or furnishing (1) any cigar, cigarette, or tobacco product in any form to any person under 19 years of age, or (2) any "clove cigarette" (as defined by state law) to any person, or (3) selling. Offering for sale, or free sampling any cigar, cigarette, or tobacco product in any form or items depicting tobacco logos, symbols and or manufacture names to any person, either on campus (or property owned or controlled by the University, including athletic events) or at any off-campus University-sponsored function or event.
- Advertising of any tobacco products; including but not limited to logos, symbols, and or manufacture names; in any Utah State University publication, internet site, or on campus (or property owned or controlled by the University, including athletic events) or at any off-campus University-sponsored function or event.
University living unit contract.
- Utah State University will not tolerate sexual assault/violence in any form, including incidents which arise in acquaintance and date situations. Where there is reasonable cause that a sexual assault/violence has occurred, the University will pursue strong disciplinary action, including the possibility of suspension or expulsion from the University.
- Stalking occurs when (1) a student intentionally or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury or to suffer emotional distress; (2) the student has knowledge or should have knowledge that the specific person will be placed in reasonable fear of bodily injury or will suffer emotional distress; and (3) the student's conduct induces fear in the specific person of bodily injury or causes emotional distress. The course of conduct must have occurred on two or more occasions, and consist of either (a) maintaining a visual or physical proximity to the specific person or (b) conveying verbal or written threats, or threats implied by conduct, or a combination thereof, directed at or toward the specific person.
- Threats of suicide. Threats of harm to self or others, bodily harm to self or others disruptive and/or threatening behavior may be pursued under this section.
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or a student's academic success.
- submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individuals.
- such conduct unreasonably interferes with an individual's work or academic performance or creates an intimidating, hostile, or offensive working or learning environment. Sexual harassment may include, but is not limited to: (1) continued or repeated verbal abuse of a sexual nature; (2) repeated offensive sexual flirtations, advances, propositions; (3) graphic verbal commentaries about an individual's body; (4) sexually degrading words used to describe an individual; and (5) sexual assault/violence.
- Unauthorized access to data, transmissions, facilities, or services owned or created by, or intended for, another person or entity.
- Unauthorized use of another person’s username, password, or network identity.
- Use of computers/computing facilities which interferes with or disrupts the work of another student, faculty member, or University official.
- Use of computers/computing facilities to store, access, or send obscene or pornographic materials.
- Use of computers/computing facilities which interferes with or disrupts normal operation of the University computer, data network, and information technology facilities and services.
- Use of authorized access to shared services or resources with the intention or result of denying authorized access to other persons.
g. Introduction of disruptive computer codes.
- Failure to comply with the directions of the Provost, the Vice President for Student Services, a hearing body, or hearing officer.
- Falsification, distortion, or misrepresentation of information before a hearing body or hearing officer.
- Disruption or interference with the orderly conduct of a disciplinary/grievance proceeding.
- Institution of a disciplinary/grievance proceeding knowingly without cause.
- Attempting to discourage an individual's proper participation in, or use of, the disciplinary/grievance process.
- Attempting to influence the impartiality of a member of a hearing body or a hearing officer prior to, or during the course of, the discipline/grievance process.
- Harassment (verbal or physical) or intimidation of a member of a hearing body or a hearing officer prior to, during, or after a disciplinary/grievance proceeding.
- Failure to comply with the penalty imposed, or other action taken, under the Student Code.
- Influencing or attempting to influence another person to commit an abuse of the disciplinary/grievance process.
- Tampering with, influencing, or attempting to influence any witness or potential witness in a disciplinary/grievance proceeding.
- endangers the mental or physical health or safety of another; or
- produces mental or physical discomfort, embarrassment, harassment, or ridicule of another; or
- involves any brutality of a physical nature such as, but not limited to, paddling, whipping, beating, branding, calisthenics, creating excessive fatigue, bruising, electric shocking, causing physical and psychological shocks, placing of a harmful substance on the body, or exposure to the elements; or
- involves consumption of any food, alcoholic beverage, liquor, drug, or other substance or any other physical activity that endangers the mental or physical health and safety of an individual; or
- involves any activity that would subject the individual to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects another to extreme embarrassment, shame, or humiliation, or subjects the individual to the wearing of apparel which is conspicuous or not normally in good taste, engaging in public stunts and buffoonery, engaging in morally degrading or humiliating games; or
- involves defacing or destroying public or private property; or
- involves cruelty to any animal; and
- is for the purpose of initiation, admission into, affiliation with, holding office in, or as a condition for continued membership in any organization; or
- if the actor knew that the victim is a member of or candidate for membership with a team or organization to which the actor belongs or did belong within the preceding two years.
It is not a defense to hazing that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.
- Utah State University supports the principle of freedom of expression for both faculty and students. The University respects the rights of faculty to teach and students to learn. Maintenance of these rights requires classroom conditions that do not impede the learning process. Disruptive classroom behavior will not be tolerated. An individual engaging in such behavior may be subject to disciplinary action.
- Faculty members of Utah State University have the responsibility and authority to determine, maintain, and enforce an atmosphere in their classrooms that is conducive to teaching and learning, in accordance with University policy and practice.
- “Faculty member” shall include all persons authorized by Utah State University or any of its units to conduct instruction of students enrolled in the University’s courses or programs.
- “Classroom” shall include any gathering of faculty member(s) and students for the purposes of teaching and learning authorized by Utah State University or any of its units.
- “Disruptive classroom behavior” involves physical actions, verbal utterance, or other activities which interfere with either the faculty member’s ability to conduct the class or the ability of other students to profit from the instructional program.
- Discipline not involving immediate removal from the classroom.
- The faculty member responsible for the class or activity where the alleged disruptive behavior occurred will inform the student that the student’s behavior has been inappropriate. The faculty member will describe to the student the necessary changes in the student’s behavior. By the second classroom meeting following the incident, the faculty member will give to the student a written, dated summary of the discussion, and the faculty member will retain a file copy of this summary. The student will be provided an opportunity to modify his/her behavior in accordance with the changes identified.
- If the student believes the faculty member’s expectations are unreasonable, the student may confer with the faculty member’s department head, or the dean of the college if the instructor is the department head, about the matter. The department head, or dean, may choose to support the guidelines developed by the faculty member, or may work with the faculty member to develop a modified set of expectations. If there are changes in the faculty member’s original set of expectations, a signed and dated copy will be provided by the department head, or dean, to both the student and the faculty member.
- Should the student’s behavior continue to be unacceptable, the faculty member
will inform the department head, or dean, of the circumstances and will share with the department head, or dean, the written summary of the discussion with the student. The department head, or dean, may initiate additional discussion with the faculty member and/or the student. If the department head, or dean, concurs with the faculty member’s view that the problem has not been resolved, the situation shall be referred to the Vice President for Student Services. A memorandum briefly describing the student’s behavior, as well as a copy of the written summary of the faculty member’s discussion with the student and any other related material, shall be forwarded to the Vice President for Student Services for the purposes of disciplinary action, in accordance with Article VI below. A copy of all material sent to the Vice President for Student Services shall be provided to the faculty member’s dean and to the dean of the college for the student’s declared major, if different.
- Discipline involving immediate removal from the classroom.
- A faculty member has the right to demand and secure the immediate removal of any student from the classroom whenever it is the faculty member’s belief that such student has compromised the faculty member’s right to teach or the students’ right to learn. The faculty member will inform the student whether the removal is for the current classroom meeting only or the removal also includes subsequent classroom meetings. If necessary, the faculty member may call upon the University Police for assistance.
- When the removal is for the current classroom meeting, the faculty member responsible for the class or activity will inform the student that the student’s behavior has been inappropriate and describe to the student the necessary changes in the student’s behavior. By the second classroom meeting following the one-time removal, the faculty member will give to the student a written, dated summary of the discussion, and the faculty member will retain a file copy of this summary. The student will be provided an opportunity to modify his/her behavior in accordance with the changes identified. Paragraphs 2.a.ii. and 2.a.iii. above shall apply.
- A student may not be permanently removed from a class in which the student is enrolled without a formal review. When the faculty member has removed the student from the current classroom meeting and from subsequent classroom meetings, the faculty member will inform the student that to be considered for reinstatement into the class the student must meet with the head of the department offering the course, or the dean of the college if the instructor is the department head. The student is entitled to a conference with the department head, or the dean, before the second classroom meeting after the temporary removal. Before the third classroom meeting after the temporary removal, the department head, or dean, may either:
- When a student is permanently removed from a class, the University’s standard refund policy shall apply.
- Non-students and students not enrolled in a class may be removed permanently by the faculty member without a formal review because they have no right to attend the class without the faculty member’s permission. The faculty member’s decision is final in these cases.
a) approve an agreement of expectations between the student and the faculty member and reinstate the student to the class, or
b) extend the temporary removal of the student from the class and refer the matter to the Vice President for Student Services for disciplinary action. Permanent removal of a student from the class, or reinstatement to the class, shall be effected according to the procedures for discipline of students specified in Article VI below.
If a disruptive person refuses to remove him/herself from the classroom when requested to do so by the faculty member or the faculty member feels that there is a threat of imminent physical danger, the faculty member has the right to declare the class session terminated and leave the classroom. Any classroom disruption that prompts the faculty member to terminate a classroom meeting must be reported in writing to the department head, or the dean of the college if the department head is the instructor, before the next regularly scheduled class meeting. The department head, or dean, shall investigate the circumstances of the situation, including in such investigation testimony from, if possible, at least three randomly selected students enrolled in the class who were not involved in the disruption. The department head, or dean, may initiate appropriate action under paragraph 2 above to resolve the situation.
SECTION V-4. Discipline Regarding Misconduct Violations
The purposes for disciplinary action are: (1) to maintain the University's integrity as an educational institution; (2) to protect the rights of individuals; and (3) to help individuals solve their problems. The procedures in this article are structured to deal uniformly and fairly with students. The disciplinary procedures are not subject to the same procedural due process as is established in criminal and civil courts.
Disciplinary actions may be commenced against a student whether or not he or she is registered for or is attending the current semester of classes. Most students will be currently enrolled, but a person cannot drop out of school to avoid, or attempt to frustrate, disciplinary action. Disciplinary actions regarding violations may be taken by the University at any time.
- The penalties which the University may impose on a student for a Misconduct violation are:
- Warning or reprimand-written or verbal.
- Probation-continued attendance at the University predicated upon the student satisfying certain requirements as specified in a written notice of probation. Probation is for a designated period of time and includes the probability of more severe disciplinary penalties if the student does not comply with the specified requirements or is found to be violating any University Standards during the probationary period. The student must request termination of the probation in writing.
- Suspension-temporary dismissal from the University for a specified time, after which the student is eligible to return. Conditions for readmission may be specified.
- Expulsion-permanent dismissal from the University.
- Withholding of transcripts for refusal to return University property or to pay University debts. (See: Section V-3.B.16. and 17.)
- Temporary and/or permanent removal from a class. (See: Section V-3.D.)
- Payment of restitution to the University or, when University intervention is deemed appropriate, to another individual for damages or losses.
- Performance of community service.
- Referral to psychological counseling or to the Student Wellness Center for assessment, evaluation, education, and treatment, when necessary.
- Other disciplinary actions which are appropriate to the violation(s).
H. When the disciplinary action is commenced against a student who is taking courses through University Extension, the procedures shall be substantially parallel to sections A through H below, as determined by the Vice President for Student Services on a case-by-case basis.
SECTION V-5. Misconduct Proceedings
This section applies to proceedings to determine if a Misconduct violation has occurred and, if so, to determine the appropriate disciplinary penalty.
- Whenever the Vice President for Student Services receives a report that a student has committed a Misconduct violation or receives information that a student has been convicted of a crime, a preliminary investigation shall be conducted. Where the student has not been charged with a crime, the Vice President for Student Services may at any point ask that law enforcement officers assist in investigating the matter and that appropriate legal authorities determine whether prosecution under federal, state, or local law is warranted.
- The preliminary investigation conducted by the Vice President for Student Services shall include in person conferences with the student who is alleged to have committed the violation. The accused student shall be informed of the alleged violation and receive reasonable notice of the time, date, and place of the conferences. The Vice President for Student Services will discuss with the student the implications of the alleged violation for both the student and the University.
- If the accused student fails or refuses to meet with the Vice President for Student Services, a penalty may be imposed against the accused student, or the Vice President may elect to submit the matter to a Judicial Board, in which event, the accused student shall be given written notice (see: Section V-6.) of the time, date, and place of the Judicial Board hearing and the process shall be the same as paragraph I. below.
- At the conclusion of the preliminary investigation, the Vice President for Student Services may determine that no further action is necessary and may accordingly close the case.
- If during the conference with the Vice President for Student Services, the accused student admits the violation and agrees with the Vice President on the facts and circumstances, they shall discuss an appropriate disciplinary penalty.
- If the Vice President for Student Services deems that a penalty is warranted, the accused student shall be so informed. If the accused student concurs with the penalty as recommended, the accused student shall so indicate in writing and thereby waive the right to a hearing, including an appeal.
- The Vice President for Student Services may elect to not propose a penalty to the accused student and may thereby defer the matter to a Judicial Board for determination of an appropriate penalty and immediately notify the hearing board pool chair.
SECTION V-6. Recording and Disclosure of the Disciplinary Penalty
- A penalty of disciplinary probation, suspension, expulsion, or denial or revocation of degree shall be entered upon the student's transcript after the completion of the above processes.
- Upon the specific written release of the student, the Vice President for Student Services shall make available a copy of the final Judicial Board report which has resulted in a disciplinary action of probation, suspension, expulsion, or denial or revocation of degree to a prospective/present employer, parent (if the student is over the legal age), and other persons or entities. If a report is not available because a hearing was not conducted, a summary statement regarding the disposition of the violation shall be provided. Such a report or summary statement will be disclosed, without the prior consent of the student, to another educational institution that has requested the record and at which the student seeks or intends to enroll; but the University will make a reasonable attempt to notify the student (or his or her parent if under the legal age) of the disclosure and, upon request, provide the student with a copy of the record that was disclosed. No other information shall be provided to a third party without the express written release of the student.
- A student's record may be cleared of a disciplinary probation, suspension by the Vice President for Student Services following the end of the designated penalty period, if there has been no further problem with the student. A written request for expunging the record is required and shall be initiated by the student with a letter to the Vice President for Student Services. A copy of the request shall be forwarded to the Office of Student Records. The Vice President may convene a Judicial Board to review the request, if deemed appropriate or necessary. If the request is granted, the Vice President for Student Services shall notify the Office of Student Records.
- A student's record may not be cleared of an expulsion or revocation of a degree. A designation with a course grade indicating an Honor System violation involving academic dishonesty may not be removed from the student’s transcript after the student’s degree has been posted to the transcript.
SECTION V-7. Temporary Disciplinary Action
- In the event the Vice President for Student Services has reasonable cause to believe that a student poses (1) a danger to the safety of other students, other persons, or University property or (2) an ongoing threat of disrupting the academic process, the Vice President for Student Services may temporarily suspend the student. Where appropriate, the student may be denied in writing access to the campus (including residence halls) and/or all other University activities or privileges for which the student might otherwise be eligible.
- Upon the decision to impose temporary disciplinary action, the Vice President for Student Services or the University President shall notify the student by the most expeditious means available. Upon notification of the temporary disciplinary action, the procedures under Sections Vlll-1 shall be followed.