Articles I-II

ARTICLE I. RELATIONSHIP BETWEEN THE UNIVERSITY AND STUDENTS

Under the concept of in loco parentis, universities generally were viewed as standing in the place of students' parents, and courts gave universities a great deal of discretion in disciplining students pursuant to such parent/child relationships. During the 1960's, however, the law moved away from the concept of in loco parentis, and the relationship between the students and a university is now considered contractual. The existence of regulations regarding student conduct does not place the University in a custodial relationship with its students or impose upon the University a duty to protect students from proscribed acts. All students who have reached the age of majority are responsible for their own actions.

Students and student organizations are not agents of the University and may not act on behalf of the University unless specifically and expressly authorized to do so by established policy or in writing by the University President, the Provost, or appropriate vice president.

ARTICLE II. RESPONSIBILITIES AND RIGHTS

SECTION II-1 Responsibilities of Students

As members of the academic community at Utah State University, students share responsibility for its growth and continued well-being and for maintaining an environment which encourages free inquiry and expression. Students are expected to engage in reasonable and substantial preparation for their coursework, to follow course and class guidelines as set forth in syllabi and as enunciated by their instructors, and to complete all academic exercises with integrity. These responsibilities are the foundation of the University’s Standards of conduct (Student Conduct--see: Article V, Academic Integrity--see: Article VI). The University seeks to vest students with primary oversight of these responsibilities through their participation in hearings boards.

SECTION II-2 Rights of Students

Students can reasonably expect the following:

  1. The right to a learning environment free of harassment and unlawful discrimination.
  2. The right to due process in all academic integrity and disciplinary proceedings, which means fundamental and procedural fairness in accordance with the provisions of this Student Code.
  3. The right to inquire, including specifically the right to engage in reasonable academic discussion and dissent within the framework of course material, with due regard to factors such as class size and the limits on the instructor's time for conferences.
  4. The right, to free expression and assembly as outlined within USU Policy 2105: Free Expression and Assembly.
  5. The right to meaningful representation in the formulation of University policies which affect students.
  6. The right to a proper academic evaluation through orderly procedures and announced criteria designed to prevent prejudice and capricious judgment.

SECTION II-3 Privacy and  Confidentiality

Students have the right to be protected from the University’s improper disclosure of a student’s educational record, and inspect their own educational records
as outlined within USU’s Policy 2201: Student Records.

University personnel involved in student conduct processes are responsible for maintaining appropriate records directly related to alleged
violations, investigations, findings, sanctions, etc. Additionally, the same personnel strive to maintain confidentiality throughout the
investigation and hearing processes to the extent allowed by the federal Family Educational Rights and Privacy Act (FERPA), and other
applicable laws and policies governing the privacy of records and/or mandatory reporting

SECTION II-4 Amnesty for Seeking Medical Attention and Reporting Sexual Misconduct

  1. Policy

    The health and safety of every student in the Utah State University community is a primary concern. To ensure the safety and well-being of all USU students, students must seek immediate medical attention and law enforcement assistance for themselves or others when someone’s health and/or safety is at risk. Students may be reluctant to seek assistance for themselves or someone else for fear of facing disciplinary action from the Office of Student Conduct for violations of the USU Student Code. By granting amnesty for alcohol and drug-related student code violations, the University seeks to remove barriers that prevent students from seeking needed medical attention for themselves or others.

    Under this policy, if an individual, including a bystander, seeks medical attention or reports an incident of sexual misconduct, in good faith, the reporting party will not be subject to disciplinary action for a separate University policy violation, such as underage drinking, that is revealed in the course of the report.

  2. References
    • Utah Code section 32B-4-423, Immunity regarding alcohol consumption offenses when seeking emergency aid for another person.
    • Title IX of the Higher Education Amendments of 1972 and guidance from the Department of Education’s Office of Civil Rights for implementing Title IX
    • Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
  3. Provisions

    Note: This Policy only provides amnesty from violations of the Utah State University Student Code of Conduct. It does not grant amnesty for criminal, civil, or legal consequences for violations of Federal, State, or Local law. For information regarding immunity from alcohol-related criminal offenses, please see Utah Code section 32B-4-423.

    1. Amnesty for Good Faith Reporting of Misconduct
      1. USU recognizes that a student who has been drinking and/or using drugs and is then either a victim of violence or observes a violent act against another person—including but not limited to domestic violence, dating violence, stalking, or sexual assault— may be hesitant to report the incident due to fear of being punished for their own conduct. USU strongly encourages students to report all incidents of violence. A victim or bystander acting in good faith to report any incident of violence to USU officials or to police will not be subject to Utah State University Student Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the incident being reported.
    2. Medical Amnesty
      1. Students who seek emergency medical attention for themselves, or for someone else, related to consumption of drugs or alcohol will not be charged with violations of the Utah State University Student Code of Conduct related to that consumption (specifically: Art V, Section V-3., B.1,2), provided that the student subsequently completes an evaluation and any recommended treatment at the USU Student Health and Wellness Center within a reasonable time frame to be determined by the Office of Student Conduct. Failure to complete this evaluation/treatment may result in charges being filed with the Office of Student Conduct.
      2. Members of student organizations are required to seek immediate medical assistance for other members or for guests when any potential health risk is observed, including medical emergencies related to the use of alcohol and/or drugs. A member of a student organization who seeks immediate assistance from appropriate sources will not be charged with violations of the Utah State University Student Code of Conduct related to providing alcohol.
    3. Exceptions to Amnesty
      1. Amnesty does not apply to students who are in violation of USU alcohol and drug policies, and who come into contact with law enforcement, faculty, administrative staff, residence hall staff, or other university employees when such contact is initiated by law enforcement, faculty, administrative staff, residence hall staff, or other university employees.
      2. Amnesty is not intended to shield or protect students or organizations that repeatedly violate the Utah State University Student Code of Conduct or that endanger the health and safety of others. In cases where egregious or repeated violations of the Utah State University Student Code of Conduct occur, the University reserves the right to take judicial action on a case by case basis regardless of the manner in which the incident was reported. Additionally, the University reserves the right to adjudicate violations of the Utah State University Student Code of Conduct unrelated to alcohol or drug use, such as Art IV, Section IV-2.A-I, Art V, Section V-3.