|University of Arkansas at Little Rock|
|Policy Name: Code of Student Rights, Responsibilities, and Behavior|
|Policy Number: 516.3|
|Effective Date: April 1, 2010 (review date)|
STATEMENT OF STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR
The university has promulgated various policies, regulations, and statements of purpose deemed necessary to ensure order, protect individual freedom in the campus community, and preserve the integrity of the institution and its educational environment. Through matriculation at the university, a student neither loses the rights nor escapes the responsibilities of citizenship. It is assumed when a student enters the university he or she has a serious educational purpose and that the student values rights and freedoms for himself or herself and respects the rights and freedoms of others.
To create greater awareness among students and for convenience and information to students, a number of basic policies have been complied into a Code of Student Rights, Responsibilities, and Behavior. While most, but not necessarily all policies pertaining to students’ rights and responsibilities are included herein, students are urged to become familiar with all university publications. In addition to the obligation to obey federal, state, and local laws, a student is subject to the Code and other university regulations and policies. Students are held to be informed of the Code which is available at the DSC Information Center, OCL, Office of the Dean of Students, SGA Office, and the Office of Disability Support Services.
GENERAL REGULATIONS FOR STUDENT ACTIVITIES
Each student is entitled to essential rights central to all institutions of higher education which are held to include the right:
- To expect an education of the highest quality.
- To develop his or her potential to the best of his or her abilities.
- To inquire, discuss, listen, and evaluate.
- To express views relevant to the subject matter in the classroom and laboratory subject to the responsibilities of the instructor to maintain order and present and explain the subject matter of the course.
- To be free from discrimination on the basis of race, color, religion, sex, age, national origin, or disability.
- To receive a copy of publications which contain university behavioral standards.
- Of freedom of speech and assembly subject to requirements for the maintenance of order and the protection of the rights of others.
- To be interviewed on campus by any firm, agency, corporation, organization, or prospective employer desiring to recruit at the university whose qualifications for employment are met by the student.
- Of privacy, including freedom from unreasonable and unauthorized search of person, personal property, or assigned rooms in university apartments or housing space.
- Of confidentiality of official records, transcripts, and disciplinary records.
- To fair hearings and to petition for appeals when disciplinary sanctions are applied.
- To confidentiality of personal views, beliefs, and political associations acquired by administrators, instructors, counselors, advisors, and officials of the university in the course of their work.
- To express opinions and communicate ideas by publishing and distributing written materials, whether such publications be official or otherwise, subject only to federal, state, and local laws, and university regulations and policies.
STATEMENT OF RESPONSIBILITIES
Students and Student Organizations’ Responsibilities
Students and student organizations are obligated to assume the responsibilities of mature individuals, which are held to include the responsibility:
- To abide by the behavioral standards of the university as well as federal, state, and local laws.
- To hold inviolate the rights of others in matters of expression and assembly.
- To respect the rights and property of others, including faculty, staff, students, and guests.
- To respect the property of the university and the various student organization lodges and centers.
- To refrain from using the name of the university without the express consent of an authorized administrator or official of the university except to identify affiliation.
The university community has the responsibility to create and maintain a system of order on campus which includes:
- Providing an environment that will enable a student to pursue academic endeavors.
- Protecting and maintaining high academic standards.
- Setting forth clearly rules, regulations, policies, and procedures that relate to student life and student organizations.
- Providing due process for those accused of violations.
- Affording students the maximum opportunity, consistent with the efficient operation of the university, to participate in the making of policies and decisions which concern them as students.
- Providing a drug-free environment.
STATEMENT OF BEHAVIOR
On or Off Campus Violations
Student actions on or off campus that violate university behavioral standards, the Code, or federal, state, and local laws, may subject the student to concurrent jurisdiction of, and the imposition of a sanction by, both the university and civil authorities. The university may enforce its own regulations and student violations of the Code regardless of any proceedings instituted by authorities or may proceed with campus disciplinary hearings without waiting for results of off campus criminal proceedings fear of violating student constitutional rights, particularly the right of self-incrimination.
Decisions as to whether the university’s interest is involved or affected by a violation of law will be based on whether:
- The act has some detrimental impact on the educational mission, objectives, processes, and functions of the university.
- The student can reasonably be considered a possible threat or danger to the safety and welfare of persons in the academic community or to university property.
- The academic integrity of the university is violated.
- The maintenance of the university’s program of higher education is jeopardized.
This list of student or student organization violations is merely illustrative and should not be taken to be all inclusive. A student or student organization is subject to disciplinary action whenever the behavior violates university behavioral standards, the Code, or federal, state, and local laws.
Students away from the campus as university representatives are subject to disciplinary action by the university for breaches of conduct. The accompanying sponsor is authorized to maintain good order and good representation during the trip. Upon return to campus, students may be disciplined for misconduct during the trip.
Cheating. Students shall not give, receive, offer, or solicit information on examinations, quizzes, etc. This includes the following classes of dishonesty:
- Copying from another student’s paper.
- Use during the examination of prepared materials, notes, or texts other than those specifically permitted by the professor.
- Collaboration with another student during the examination.
- Buying, selling, stealing, soliciting, or transmitting an examination or any material purported to be the unreleased contents of a coming examination, or the use of any such material.
- Substituting for another person during an examination or allowing such substitution for oneself.
- Bribery of any person to obtain examination information.
Collusion. Collusion is defined as obtaining from another party, without specific approval in advance by the professor, assistance in the production of work offered for credit, to the extent that the work reflects the ideas of the party consulted rather than those of the person in whose name the work is submitted.
Duplicity. To offer for credit identical or substantially unchanged work in two or more courses, without specific advance approval of the professors involved.
Plagiarism. To adopt and reproduce as one’s own, to appropriate to one’s own use, and incorporate in one’s own work without acknowledgement the ideas or passages from the writings or works of others.
Aiding, Abetting, or Concealing Violators
Any student, student organization, or groups of students aiding, abetting, or concealing a violator or violation is subject to disciplinary action.
Students shall not generally drink, dispense, or process alcoholic beverages on university property or at university functions, provided that persons of legal age, as prescribed by state law regarding alcoholic beverages, may possess and consume such beverages in the privacy of assigned rooms in university apartments or houses, or on the university property approved for such activities. Irresponsible behavior while under the influence of intoxicants is not condoned and disciplinary action will be taken.
Students may not disturb normal classroom procedures by distracting or disruptive behavior. Any student who is involved in such disturbances may be subject to disciplinary action. (Refer to Obstruction or Disruption.)
Conduct Inappropriate for an Academic Setting
Destruction, Misuse, Damage, or Defacing of Property
Any student, student organization, or group of students participating in activities that destroy, misuse, damage, or deface private, personal, or university property will be held liable for full damages.
Disrespect for Authority
Failure to comply with instructions and directions of university officials or law enforcement officers acting in the performance of their duties will not be condoned by the university. The student failing to comply with such instructions and directives, including identifying himself or herself by ID card will be subject to disciplinary action.
Disturbance/Disruption Due to a Mental Disorder
Refer to Standards and Procedures for Involuntary Administrative Withdrawal Due to a Mental Disorder.
Failure to Respond to a Summons From a University Official
Failure to respond to a summons from the dean of students or designee to discuss an alleged student violation will subject the student to disciplinary action, to have a bar placed against his or her re-enrollment, or to be administratively withdrawn from the university, or impose the sanction with the right to appeal to the university Judicial Appeals Committee within ten (10) class days.
False Reporting of Emergency
Any student(s) making a false report of a bomb, fire, or other emergency in any building, structure, of facility on university premises or university related premises by means of activating a fire alarm or in any other manner has committed a serious offense and the student(s) will be subject to separation from the university.
Falsification, Forgery, and Dishonesty
Any student, student organization, or group of students who furnish false or misleading information on admission, registration, organization records and reports, or identification cards; or who alter any university record, report, document, identification card, or parking decal; or who misuse their name or forge the name of another in any manner on any record, report, identification card, document, etc.; or who use the identification card of another may be subject to separation from the university or attend sessions or workshops on ethics or values, disciplinary probation, or other sanctions appropriate to the wrongdoing.
Gambling on campus is strictly prohibited. The severity of the penalty for the offense against the gambling regulation will be determined by the nature of the case. The student will be subject to disciplinary action.
Any student organizations, groups, clubs, societies, or other segments of the university community are responsible for compliance with the behavioral standards of the university and with federal, state, and local laws. Upon satisfactory proof that the organization did not discourage or did not take reasonable steps to prevent violations of university behavioral standards or federal, state, and local laws, the organization will be subject to disciplinary action.
No student or student organization of the University of Arkansas at Little Rock shall engage on or off campus in what is commonly known and recognized as hazing, or encourage, aid, or assist any other student in the commission of this offense. (Refer to Policies, Rules, and Regulations Section, An Act to Prohibit Hazing in Any School, College, University, or other Educational Institution in Arkansas, and for Other Purposes.) A student who fails to report promptly his or her knowledge or any reasonable information within his or her knowledge of the presence and practice of hazing to an appropriate administrative official, e.g., dean of students, shall be deemed to be a participant in hazing under the provisions of this section. Upon conviction, in addition to any punishment imposed by the court, the student shall be expelled from the university.
Illegal Selling of Books
Any student, student organization, or group of students selling books belonging to another person, organization, firm, or institution will be subject to disciplinary action. The violator may be subject to restitution, university or community service, disciplinary probation, or other sanctions appropriate to the wrongdoing.
Illegal Visits to Other Campuses
Because of the grave danger involved which could result in the serious injury to or death of an individual, officials of the university neither condone nor authorize visits to the campuses of other colleges and universities for the purpose of defacing property or creating other disturbances. Any student involved in such disturbance acts at his or her own risk and will be subject to disciplinary action.
Illegal Use of Telephones
Any student charging or permitting to be charged any long distance calls to any telephone or university premises without proper authorization will be requested to make restitution and may be subject to disciplinary action.
Interference with Emergency Evacuation Procedure
Any student, student organization, or group of students found to be intentionally interfering with emergency evacuation procedures prescribed for any building, structure, or facility on university premises, or failing to follow prescribed emergency procedures such as willful disregard of the emergency alarm signal is endangering the lives of others and will be subject to separation from the university.
Lewd, Indecent, or Obscene Behavior
Lewd, indecent, or obscene behavior is not condoned by the university. The severity of the sanction for the offense will be determined by the nature of the case.
Obstruction or Disruption
Any student, student organization, or group of students participating in activities that obstruct or disrupt any university function, mission, or process including, but not limited to, instruction, administration, meeting or assembly, ceremony, or recognized student activity, or who violates the rights of others will be subject to separation from the university. The examples which follow are meant to illustrate some but not all of the situations or types of conduct intended to be covered:
- A student would be in violation if he or she participated in conduct which he or she knew or should have known would prevent or block physical entry to or exit from any university building, corridor, or room to anyone apparently entitled to enter or leave in connection with a university-run or university-authorized activity.
- A student would be in violation if, in attending a speech or program on campus sponsored by or with permission of the university, he or she engaged in shouted interruptions, whistling, derisive laughter, or any other means which alone or in conjunction with the conduct of others presented or seriously interfered with a fair hearing of the speech or program, under circumstances where the student knew or reasonably should have known this would occur.
- A student would be in violation if in a classroom he or she used techniques similar to those specified in the preceding paragraph, or filibuster-type tactics, or other tactics, which by themselves or in conjunction with the conduct of others, prevented or seriously interfered with the carrying on of the teaching and learning process, under circumstances where the student knew or reasonably should have known this would occur.
- A student would be in violation if he or she intentionally obstructed a university official or employee engaged in the lawful performance of duties.
Any student, student organization, or group of students participating in activities that endangers or attempts to endanger the physical health, safety, and rights of another or self. The definition of physical abuse includes: battery or assaults by any means such as physical harassment, or conduct that threatens the health and safety of any person on university property and in other locations in the immediate vicinity of the campus, e.g., nearby fraternity/sorority lodges, student religious centers, athletic apartments, or housing space, etc., or in connection with official university functions. Such behavior is prohibited.
Possession of Firearms and Other Dangerous Weapons or Explosives
Any possession or use of firearms, dangerous weapons, or explosives of any kind is prohibited. A dangerous weapon is to include any instrument of offensive or defensive combat or anything used, or designed to be used, in destroying or injuring a person or thing. A firearm or dangerous weapon shall include, but not be limited to: pistols, rifles, handguns, BB guns, pellet guns, slingshots, bows and arrows, etc. Any student or group of students in violation of this regulation will be subject to separation from the university.
Possession, Sale, or Consumption of Narcotics, Depressants, Stimulants, Hallucinogens, or Solvents
The university does not condone the possession, consumption, ingestion, injection, or inhalation (without prescription or medical authorization) of substances that have the capacity to change a person’s mood, behavior, or mind, or modify and relieve pain, such as but not limited to opiates, amphetamines, barbiturates, hallucinogens, psychedelics, or solvents. Any student(s) found to be in conflict with the above or in violation of federal, state, and local narcotic or controlled substance laws will be subject to disciplinary action. Sanctions for the illegal sale or distribution of drugs (narcotics, depressants, stimulants, hallucinogens, etc.) on campus or within the institution’s jurisdiction or at any event controlled by the university include separation from the university and referral for prosecution.
Raiding University Facilities
Raiding of university-owned or university-operated facilities is a serious breach of behavior and will not be condoned by the university. Individual students or groups who in any way disrupt the normal operation for which the facility is being used or who interfere with, block, or impede the flow of pedestrian traffic will be notified by an official of the university that they are in violation of the behavioral regulations of the institution. Individuals identified are subject to disciplinary action or federal, state, and local laws; non-students are subject only to prosecution under federal, state, and local laws.
Reproduction of Materials
Students may not reproduce, in whole or in part, any classroom lectures or study materials presented by a professor without specific approval in advance by the professor. Publication of any such material shall only be with the express consent of the professor.
The university will not tolerate sexual harassment, or encourage, aid, or assist any other student in the commission of this offense. (Refer to the Statement of Policy on Sexual Harassment in this handbook.) Where there is probable cause to believe that the campus policy prohibiting sexual harassment has been violated, the campus will pursue strong disciplinary action through its own internal judicial channels.
Sexual Assault/Forcible or Non-Forcible Sex Offenses
The university will not tolerate sexual assault in any form, including rape and acquaintance rape. A student or employee charged with sexual assault can be prosecuted under Arkansas criminal statutes and disciplined by the university. Even if the criminal justice authorities choose not to prosecute, the university can pursue disciplinary action. Where there is probably cause to believe that the campus regulations prohibiting sexual assault have been violated, the campus will pursue strong disciplinary action through its own internal judicial channels. (Refer to the Statement of Policy on Sexual Assault in this handbook.)
Smoking On Campus
It is university policy that all locations of the university are smoke-free. Violations of this policy will result in progressive intervention ranging from disciplinary warning to suspension.
Starting Fires or Other Acts of Arson
Any student starting fires or committing other acts of arson in or on university-owned or university-controlled property, facilities, and equipment without authority, is subject to separation from the university.
Unauthorized Appropriation of Property
Appropriation of or attempts to appropriate private, personal, organizational, or university property without the consent of the owner is a serious offense and subjects the student, student organization, or group of students to separation from the university or other appropriate sanctions for the wrongdoing depending on the severity of the offense.
Unauthorized Demonstration and Mass Gatherings
All students, student organizations, or groups of students who in any way disrupt the normal operation of the university, or who interfere with, block, or impede the normal flow of pedestrian or vehicular traffic, or who in any way interfere with the educational pursuits of members of the university community will be subject to separation from the university. To prevent interference with academic activities and to protect students from violations of state laws and statutes, students shall not violate the following Arkansas State Statutes: 41-2907 —Failure to Disperse, 41-2906—Unlawful Assembly, 41-2908—Disorderly Conduct, 41-2902—Riot, 41-2904—Inciting Riot, 41-2914—Loitering. Arkansas Statute 7-114 Section 3. It shall be unlawful for any person to take possession, keep possession, or otherwise occupy or continue to maintain presence on or in the buildings and grounds of any institution owned and operated by the State of Arkansas, whether the same be enclosed or unenclosed, from and after the time that he or she shall have been duly notified by a security officer or other authorized employee of the institution to leave. Any person violating this section or refusing to comply immediately with the notice to quit shall be punished by a fine of not less than $25 nor more than $100, or by imprisonment in the county jail for a period not to exceed six (6) months, or by both fine and imprisonment.
Unauthorized entry by a student, student organization, or group of students to university-owned or university-controlled facilities or property, or property of an individual, is not condoned by the university. Any student, student organization, or group of students found to be in violation of this regulation may be subject to separation from the university.
Unauthorized possession of examinations, equipment, property, or supplies of the university or another person is not condoned. Unauthorized possession of keys, or making or causing to be made any key or keys for any building, laboratory, facility, or room of any building of the university is a serious offense. Any student or student organization violating this regulation will be subject to disciplinary action or other appropriate sanctions for the wrongdoing.
Unauthorized Soliciting, Advertising, Selling, and Distribution of Material
A student, student organization, or group of students may not solicit, advertise, sell, or distribute material of any nature on university-owned or university-controlled property without approval. Request for approval should be made to the dean of students.
Unauthorized Use or Alteration of Emergency or Safety Equipment
Unauthorized use or alteration of firefighting equipment, safety devices, or other emergency or safety equipment will not be condoned by the university. Any student or group of students in violation of this regulation will be subject to separation from the university.
Any student, student organization, or group of students found responsible for verbal abuse will be subject to disciplinary sanctions. Verbal abuse includes but is not limited to verbal harassment, threats of violence, profanity used to threaten or demean, and verbal intimidation. Forms of abuse include spoken, written, or electronic.
Violation of the Code of Computer Ethics and Misuse of the Computer System
Violations of the Statement of Policy as outlined in the Campus Network: Security Policies & Procedures for Acceptable Use or other misuse of the UALR computer system are treated like other student violations of the behavioral standards of the Code as outlined in this section of the handbook. i.e., cheating, plagiarism, collusion, or the like, or violating federal, state, and local laws. Students failing to comply with the Campus Network: Security Policies & Procedures for Acceptable Use will be subject to disciplinary action and/or referral for prosecution. (Refer to the Campus Network: Security Policies & Procedures for Acceptable Use.)
Violation of Sanctions
Violations of the terms of the dean of students’ sanctions may subject the violator to separation from the university.
ADMINISTRATION OF STUDENT DISCIPLINE
Functions and Procedures
Dean of Students
Most student violations of the Code are dealt with by the dean of students or designee or are referred by the dean to the appropriate judicial committee.
Members of the university community, i.e., faculty, staff, students, should report misconduct and alleged violations of the Code by students and RSOs to the dean of students or designee for investigation, referral, and appropriate action. Additionally, students residing in campus housing should report concerns to the resident assistant, hall director, or the director of student housing.
Disciplinary Sanctions and Philosophy
The university’s policy concerning student behavior and discipline is that discipline is a functional aspect of education and of lawful teaching and student development functions of the university. Students who violate institutional standards are the students who can benefit most from disciplinary sanctions that can assist in their cognitive, ethical, and interpersonal growth. This approach emphasizes assisting the student to understand and accept responsibility for his or her behavior as a citizen of the local, state, and national government, and as a citizen of the university community. Both the interests of the student and the university are taken into account in deciding the desirability of undertaking a program of assistance and in determining the appropriate disciplinary sanction. The sanction assigned should be in keeping with the seriousness of the violation and administered in an educational way so that its teaching potential is enhanced.
In cases of misconduct where the student admits the violation and involvement, and the student elects informal adjudication, the dean of students or designee may handle the matter. (Refer to Settlements.) The procedure is as follows:
- The dean of students or designee shall investigate and determine the facts of the case. If the dean determines the complaint or allegation of charges is without merit, the investigation shall promptly cease.
- If the dean of students or designee determines that there is probable cause to believe that a violation of the Code, university rules and regulations, or federal, state, and local laws did occur, the dean shall notify the alleged offender in writing within five (5) class days, if possible, of the charge(s) to afford him or her an opportunity to present his or her version of the alleged charge. The dean and the student may also call persons for their version of the alleged violation and invite them to attend the conference.
- In the absence of unusual mitigating circumstances, an initial conference should be held within five (5) to ten (10) class days of the date of the complaint report that an alleged violation has occurred.
- Failure of the student to agree to or appear at a conference to discuss an alleged violation shall in itself constitute a violation of the Code and will subject the student to disciplinary action, a bar against re-enrollment, or administrative withdrawal from the university.
- The dean of students or designee has the responsibility and authority to take disciplinary action if such appears in his or her judgment to be warranted. In such a case, the fundamentals of fairness (due process) shall be followed.
- After notifying the student of his or her rights provided by the Code, the dean of students or designee may solicit from the student an admission or denial of the violation, shall discuss those disciplinary sanctions which might apply, and offer the choice of informal adjudication or referral to the judiciary committee having jurisdiction in the case.
- A student admission of the alleged charge or violation and acceptance of the sanction(s) imposed by the dean of students or designee shall be reduced to writing on the UALR Disciplinary Alternative Form and signed by the student and the dean of students or designee.
- If the student pleads non-violation or refuses to accept the sanction(s) imposed by the dean of students or designee, the case shall be referred to the appropriate judicial committee.
- Nothing contained in this section shall prevent the student, during an investigation of alleged misconduct, during informal adjudication, or after a statement of charges has been served but before a hearing, from withdrawing from the university.
- In the event of such withdrawal, the dean of students or designee shall impose such disciplinary sanction(s) as he or she deems necessarily appropriate consistent with the statement of alleged charges; provided, however, the student may, within ten (10) class days after receiving notice of the imposition of such sanction(s), request a hearing from the appropriate committee or board.
- Nothing contained in this section shall limit the right of the university or the student during an investigation of alleged charges, during informal adjudication, or after a statement of the charges has been served, to agree to a disciplinary sanction. Any such agreement shall be reduced in writing on the UALR Disciplinary Alternative Form which, when signed by the student and appropriate official, shall conclude the case.
Upon a proper determination, set forth in this section of the Code, that a student has violated any of the policies, rules, or regulations of the university, any provisions of the Code, or federal, state, and local laws, the dean of students or designee or the university judicial committee may use various sanctions in accordance with the university’s philosophy regarding educational sanctions. The sanctions may be imposed singly or in combination. The list is merely illustrative and should not be taken to be all-inclusive.
Punitive Sanctions (in order of severity)
- Reprimand. Consists of a letter which becomes a matter of record on an incident of behavior that does not meet the standards of the university.
- Disciplinary Warning. Indicates that further violations of regulations will result in more severe disciplinary sanctions.
- Disciplinary Probation. An encumbrance upon the student’s good standing in the university. Further violations of regulations during the probationary period may result in suspension. While under disciplinary probation a student may not a) apply for or receive consideration for an appointive or elective office; b) campaign for an elective office; c) receive any special office; d) receive an appointment to serve on committees or campus organizations; or e) serve on any university judicial committee. At the discretion of the judicial committee, the following additional privileges may be withdrawn from a student on disciplinary probation: a) the operation of an automobile on campus; b) the representation of the university at any events; or c) the holding of an elective or appointed office.
- Bar Against Re-Enrollment. A bar (flag) against re-enrollment may be imposed by the dean of students or designee against a student who fails to respond to a summons by the dean of students or designee to discuss alleged student misconduct, failure to comply with any authorized sanctions or to adhere to stipulations of a disciplinary sanction, or an involuntary withdrawal for medical reasons pending the outcome of a psychiatric medical evaluation and clearance. The bar shall be removed on notification of the appropriate university official to the Office of Records and Registration.
- Administrative Class Withdrawal. Prohibits the student from attending class for a specified time, usually one (1) semester.
- Suspension. Separation from the university for a definite period of time and/or under stipulated conditions.
- Expulsion. Separation from the university for an indefinite time, usually two (2) years or more. The student may petition the chancellor or designee for re-admission, but not before the expiration of two (2) academic years following the expulsion. The notification of expulsion shall be recorded on the official transcript and removed when the time has expired and if the student has been re-admitted.
Non-Punitive Sanctions (in no particular order)
- Counseling. Establishes a series of private conferences with the student in an effort to help him or her better understand the importance of a) assuming the responsibilities of a mature citizen; b) being able to adjust to the behavioral standards of the university community of which he or she chose to be a member; and c) being considerate of other people and their rights.
- Restitution. Payment for damages or misappropriation of university funds or property, or the property of members or visitors to the university community. Such reimbursement shall be charged to any student who alone or through group concerted activities organizes or knowingly participates in the event causing the damage or cost. Restitution may be imposed separately or in addition to other sanction(s).
- Restriction of Activity Privileges. Prohibits the student from attending or participating in activities sponsored by the university.
- University and Community Service. Service to the university or community may be assigned as a singular or concurrent disciplinary sanction.
- Educational Sanction. To include, but not be limited to, research papers, class attendance, library assignments, etc.
Behavioral Standards Committee
- An administrative disciplinary committee composed of students and faculty or staff members. This committee has a dual function. It hears cases referred to it by the dean of students or designee whenever the behavior of the student or group is intentional and is in violation of the university’s non-academic behavioral standards. It hears student organization cases upon referral from the dean when no governing body judicial board exists, and it has jurisdiction for appeals by a student of an adverse decision of a faculty member regarding disruptive behavior in the classroom.
- The committee is composed of four (4) faculty members and two (2) faculty alternates appointed by the University Assembly president and three (3) students and two (2) student alternates appointed by the SGA. The faculty members and SGA may appoint students to serve as temporary members during the summer sessions. The faculty members serve two-year terms.
Academic Integrity and Grievance Committee
This committee hears specific grade appeals and hears, on appeal and referral, cases involving certain alleged academic offenses. The committee is composed of fifteen (15) faculty and three (3) faculty alternates to be appointed annually and announced at the last spring meeting by the University Assembly president, and fifteen (15) students and three (3) student alternates to be appointed each May by the SGA. The purpose of the committee is twofold: a) it affords the student an opportunity to appeal a grade if he or she feels the grade was inequitably awarded in that it violated a faculty member’s own specified grading standards, and b) it affords a student a hearing in cases where disputes over alleged cheating, plagiarism, collusion, and the like cannot be resolved or where the student does not admit violation. However, students and faculty members are urged to make all attempts possible to resolve a grievance before starting formal appeal. (Refer to Academic Integrity and Grievance Policy.)
Fraternity and Sorority Judicial Boards
These boards hear any dispute arising between fraternities and sororities, between members of various fraternities and sororities acting in their organizational capacities, between fraternities and sororities or their members and the university or general public, and in case of group violations of university rules and regulations, the Code, federal, state, and local laws or the violation of governing bodies’ bylaws and policies. The civil courts are also available to members of the general public but an action begun in the civil courts should not preclude sanctions within the system when damage to the system has resulted. A fraternity or sorority member acting alone and not in his or her organizational capacity, shall be considered in his or her role as a student.
Student Affairs Committee
An administrative committee composed of three (3) faculty members nominated by the University Assembly president and appointed by the chancellor, and four (4) students nominated by the SGA and appointed by the chancellor. The dean of students and the DSC director or their designees serve as ex officio members without vote. The committee elects its own chairperson. The faculty or staff members serve two-year terms and the student members serve one-year terms.The principal functions of the committee are: a) to review, interpret, recommend, and promulgate various non-academic policies, regulations, procedures, and the Code governing student life and the student organizations; b) to hear certain student organization or group cases referred by the dean of students or designee; and c) hear appeals of adverse decisions of the dean of students or designee, including but not limited to the criteria, nature, and conditions of student organizations or groups registration, maintaining active status, staging outdoor amplified musical events, and breaches of university policies and regulations governing student organizations other than alleged violations of the Code. The committee reserves the right to cancel registration and impose sanctions against student organizations which fail to observe the understandings, policies, and regulations governing student organizations.
UNIVERSITY JUDICIAL APPEALS COMMITTEE (UJAC) (REFER TO APPEALS PROCEDURES.)
BEHAVIORAL STANDARDS COMMITTEE AND GREEK JUDICIAL COMMITTEES AND BOARDS: OPERATING POLICIES AND PROCEDURES
General Statement of Policies and Procedures
These policies and procedures will apply when a student or student organization is referred by the dean of students or designee to the Behavioral Standards Committee or a Greek Judicial Board for an alleged infraction of the Code, rules and regulations, federal, state, and local laws, or on appeal by a student of an adverse decision of a faculty member regarding disruptive behavior in the classroom which directly affects the student in his or her capacity to continue in class. (Refer to Classroom Disruptions and Steps Toward Redress.) A student or student organization is entitled to a written notice and a formal hearing unless the matter is disposed of under the rules for informal adjudication. Disciplinary proceedings are not to be construed as judicial trials, but care shall be taken to comply as fully as possible with the spirit and intent of the procedural safeguards and fundamentals of fair play set forth herein.
Service of Notice and Decision
Each student will be responsible for maintaining a current mailing address on file with the Office of Records and Registration. Failure by the student to have his or her current mailing address on record with the university shall not be construed to invalidate such notice. For services of a statement of charge(s) and action(s) taken, copies will be served by certified or registered mail to the student’s address as listed with the Office of Records and Registration. The day after certified mailing will be considered the first day of the counting period for a minimum five (5) day notification requirement of the date set for hearing and the maximum fifteen (15) day requirement for hearing the case.
A quorum of the Behavioral Standards Committee will consist of no less than four (4) members, to include the chairperson, and at least one (1) student and one (1) faculty member. The quorums for the Greek judicial committees are stipulated in the bylaws and operating policies of the governing bodies.
The chairperson of the committee will be the administrative officer of the committee. The Office of the Dean of Students will provide secretarial assistance to the chairperson. The chairperson will convene the committee to hear cases; preside at hearings; prepare and mail notices and decisions (pre-hearing and post-hearing information forms and letters); schedule meeting rooms, and make arrangements for tape recorders and tapes; make available to the committee pertinent written documents, records, and materials; notify the accused, accuser, dean of students or designee, and witnesses of the date, time, and place of the hearing; see that all involved parties, i.e., accused, accuser, dean, etc., receive a summary of the hearing; ensure that students receive a copy of the rights and privileges outlined in the section of the Code; maintain hearing records and files until deadlines for appeals have expired; and return records and hearing tapes to the dean of students for appropriate action and safekeeping.
The chairperson may serve as the recorder of the committee or appoint a recorder for each hearing. The recorder shall keep an accurate taped record of the committee’s disciplinary proceedings, may prepare a summary of the hearing, and submit the summary and the hearing tape to the chairperson within one (1) class day of the hearing. The recorder may assist the chairperson on request with assigned duties, e.g., scheduling a meeting room, arranging for a tape recorder, tape, etc.
The hearing(s) will be closed except to those involved unless the student(s) or student organization requests that it be open to members of the university community.
Committee Members Excused and Vacancies (not applicable to Greek Judicial Committees)
- Any member of the committee who is involved or associated with a case being considered will excuse or disqualify himself or herself because of a personal bias.
- Should a committee member be unable to hear a particular case, for any reason, one of the alternates shall be appointed by the chairperson to serve for the course of the case.
- Should the committee be involved in a case when the absent member returns, the alternate member shall continue as a member of the committee in all sessions dealing with that case until it is concluded. The returning member shall resume membership on the committee in any new cases brought before the committee. A member must be present at all hearings to be eligible to vote.
- Should any member of the committee be unable, for any reason, to complete a term for which he or she has been appointed, one of the alternates shall fill the balance of the term.
- Resignations shall be submitted in writing to the chairperson of the committee and the dean of students. The chairperson shall then inform the president of the University Assembly or the SGA president of a vacancy, request the appointment of one of the alternates to fill the position, and request the appointment of a second alternate to fill the vacant alternate position until the next appointment.
- Either party to a hearing may request of the chairperson in writing that any member or members of the committee be excluded from consideration of the case. Such a request must be for cause and be brought to the chairperson’s attention at least five (5) class days before the hearing. It shall take a majority vote of the committee to disqualify a member from consideration of a case. If a member is disqualified by the committee for consideration of a case, the chairperson shall appoint an alternate as a replacement. If the disqualified member is the chairperson of the committee, the committee shall elect a chairperson for the hearing of that particular case.
Student Rights and Privileges (accuser; accused)
- Receive a written charge statement to include the nature and the specific charge(s) at least five (5) class days before the hearing.
- Be present at the hearing and have an opportunity to speak in his or her own defense and to present evidence.
- Receive names of witnesses and persons testifying against him or her.
- Present witnesses, question university witnesses and persons testifying against him or her, and to review statements submitted.
- Review the information to be submitted at the hearing in advance to prepare a defense.
- Present a version of the facts through personal and written statements or witnesses or persons testifying.
- Appear alone at the hearing or bring two (2) non-participating representatives of his or her choice, e.g., faculty, staff, student, legal counsel, etc., to advise the student but not to question. The committee may retain university legal counsel to furnish advice in such cases.
- Determination of the facts of the case based solely on information presented at the hearing by the authority that holds the meeting.
- Be informed in writing of the findings and determination of the case and the reason(s) for the decision and any sanctions imposed.
- Receive a copy of the hearing tape made at his or her expense.
- Right to petition for appeal. (Refer to Appeal Procedures and Instructions for University Judicial Appeals Committee (UJAC), and Appeals to the Chancellor.)
- When the dean of students or designee determines the case will be referred to the committee, he or she shall initiate disciplinary proceedings by notifying the chairperson in writing that a case is being referred to the committee for action and shall forward the Pre-Hearing Information Form(s), document(s), report(s), and record(s) obtained during the investigation to the chairperson of the committee
- The chairperson, on receiving a written appeal or referral from the dean of students or designee , should convene the committee within fifteen (15) class days, university holidays excluded, to determine the violation or non-violation of the student or student organization and determine the sanction if the student or student organization is found in violation.
- The committee should hear this case within fifteen (15) class days of the time of referral. The determination of the date, time, and place of the hearing will include consideration of the class and work schedules of the parties involved but in the interest of fairness, reasonable speed will be the watchword. The accused is encouraged to attend the hearing to present his or her version of the incident and to exercise his or her student rights and privileges.
- The accused, accuser(s), dean of students or designee will be notified in writing by pre-hearing form or letter, at least five (5) class days in advance of the date, time, and place of the hearing; the nature of the violation and specific charge(s); name of the committee hearing the case; date of referral or appeal; names of University witnesses or persons testifying against the accused; evidence to be presented; and name of the accuser(s). They should complete and sign the Pre-Hearing Information Form and return it to the chairperson of the committee within three (3) class days of receipt.
- The chairperson will notify in writing university witnesses or persons testifying against the accused of the date, time, and place of the hearing within five (5) class days, if possible. The accused will notify his or her witnesses, persons testifying in his or her behalf, and two (2) representatives of the date, time, and place of the hearing. The accused will notify the chairperson in writing within three (3) class days of the hearing of the names of witnesses, persons testifying on his or her behalf, and the two (2) representatives. If the accused intends to bring legal counsel to the hearing (refer to Statement of Rights and Privileges), he or she will notify the chairperson of the name of the counselor within three (3) class days of the hearing.
- Once the date, time, and place of the hearing have been established, the accused duly notified, and a committee quorum convened, the hearing will be held even though the accused, his or her personal representatives, or any of them fail to appear. However, if in the opinion of the chairperson there is just cause for delay, the chairperson may reschedule the hearing for a later date. For the purpose of this section, “just cause” means any circumstance that would prevent the student from receiving a fair hearing. The delay should be no longer than one (1) week.
- Written statements by witnesses or persons testifying should not be allowed in lieu of personal appearance except in rare instances or unusual circumstances.
- When decision has been reached, the chairperson will notify in writing (form or letter) within three (3) class days of the hearing, the accused, dean of students or designee, and accuser of the findings and determination of the case, reasons for the decision, and any disciplinary sanction. The accused shall complete and sign the form within three (3) class days of receipt and return the form to the chairperson. The involved parties will receive a copy of the appeal procedures and be notified that they may have a copy made of the hearing tape at their expense.
- If the sanction imposed is suspension or expulsion, the chairperson shall immediately notify the VCESS, vice chancellor/provost, and chancellor of the decision, reasons for the decision, sanction imposed, and that all parties have been notified of their rights to petition for appeal within the established guidelines for appeal.
- The chairperson shall maintain all records until the appeal deadline has expired. He or she shall then forward all records to the dean of students for filing and appropriate administrative action.
Conduct of Hearing
The chairperson shall preside at the hearing; call the hearing to order; call the roll of the committee members in attendance; ascertain the presence or absence of the student(s) charged with the violation; ascertain the presence of the dean of students, designee, or accuser, the representatives of the accused and legal counsel if applicable; read the notice of charge(s) by the accuser(s); report any continuance requested or granted and any special or extraordinary procedure(s) to be employed during the hearing; and inform the committee members and those involved in the hearing that the hearing is being taped.
- Opening Statements
- The dean of students, designee, or accuser shall make opening remarks outlining the general nature of the case and testify to any facts the investigation has revealed.
- The accused may make a statement to the committee about the charge(s) at this time or at the conclusion of the university’s presentation.
- University Evidence
- University witnesses or persons testifying against the accused are to be called and identified or their written report(s) of evidence introduced as appropriate.
- The committee may question witnesses at any time.
- The accused may examine evidence presented to the committee against him or her.
- The accused may question witnesses present or persons testifying against him or her.
- The accused may consult his or her representative or legal counsel during the hearing.
- Accused Evidence
- Witnesses or persons testifying on behalf of the accused are to be called and identified and written reports of evidence introduced as appropriate.
- The committee may question the witnesses or person(s) testifying on behalf of the accused at any time.
- The accused may examine evidence presented to the committee on behalf of the accused.
- Rebuttal of Evidence
- The committee may permit the accuser or the accused to offer any matter in rebuttal of the other’s presentation.
- Rights of Committee. The committee shall have the right:
- In cases involving more than one (1) student which arise out of the same transaction or occurrence to hear such cases together, but in that event shall make separate findings and determinations for each student;
- To permit a stipulation of facts by the dean of students, designee, or accuser and the accused involved;
- To permit the incorporation in the record by a reference of any document, affidavit, or other thing produced and desired in the record by the university or the accused;
- To question witnesses or other evidence introduced by either the university, accuser, or accused at any time;
- To hear from the dean of students or designee about dispositions made in similar cases and any dispositions offered to the student(s) appearing before the committee;
- To call additional witnesses or require additional investigation;
- To dismiss any action at any time or permit informal disposition as otherwise provided;
- To permit or require at any time amendment of the Notice of Hearing to include new or additional matters which may come to the attention of the committee before final determination of the case provided that the committee shall grant to the dean of students or designee, accuser, and accused such time as the committee may determine reasonable under the circumstances to answer or explain the additional matters;
- To dismiss any person from the hearing who interferes with or obstructs the hearing or fails to abide by the ruling of the chairperson or the committee; and
- To hear or not hear such witnesses or persons testifying and evidence as it may deem relevant and fair, including but not limited to any information made a part of the original report.
The committee shall then make its finding(s) and determination(s) in executive session(s) out of the presence of the dean of students or designee, accuser, and accused, and on the sanction, if any, to be imposed. No sanction shall be imposed on the accused unless the evidence that the accused has committed the violation reasonably convinces a majority or the committee present and should, therefore, be disciplined. A committee member shall not vote if he or she was not present throughout the full hearing.
- Official Report of Findings and Determination
The committee shall promptly consider the case, make its finding(s) and determination(s), and transmit them in writing to the dean of students or designee, accuser, and accused within three (3) class days of the hearing.
- Other Procedural Questions
Procedural questions not covered by these general rules which arise during the hearing shall be determined by the chairperson, whose ruling shall be final unless the chairperson presents the question to the committee at the request of a member of the committee, in which event the ruling of the committee by majority vote shall be final.
- General Rule of Decorum
- All requests to address the committee shall be addressed to the chairperson, and the person shall identify himself or herself before speaking.
- The chairperson will rule on all requests and points of order, which ruling shall be final and all participants should abide thereby, unless the chairperson presents the question to the committee, in which event the ruling of the committee by majority vote shall be final.
- Rules of common courtesy and decency shall be observed at all times.
- A representative or legal counsel may request clarification of a procedural matter at any time by addressing the chairperson after recognition.
Sanctions Imposed by the Behavioral Standards Committee and Greek Judicial Boards
Sanctions which may be imposed for violations and infractions of university rules and regulation, the Code, and federal, state, and local laws include, but are not limited to, administrative class withdrawal, counseling, disciplinary probation, disciplinary warning, expulsion, reprimand, restitution, restriction of activity privileges, and suspension
EFFECTIVE DATES OF SANCTION
Sanctions Other Than Expulsion and Suspension
In cases where the decision of the committee or board is other than to expel or suspend the student, the sanction shall take effect only after a) the accused has been informed and b) the deadline for appeal has expired.
Sanctions of Expulsion and Suspension
In cases where the sanction of the disciplinary body or functionary is to expel or suspend the student, the sanction shall take effect only after a) the accused has been informed; b) the vice chancellor for educational and student services, the vice chancellor/provost, and the chancellor are notified in writing of the decision and findings, reasons for the decision, sanction imposed, and notification of the right to petition for appeal; and c) deadline for appeal has expired.
Source: UALR Student Handbook 2009
Approved By: VCESS, April 1, 2010
Custodian: Student Affairs/Provost