Student Rights and Responsibilities - September 1995

The College of Eastern Utah is committed to policies of equal opportunity in employment and educational programs, and to allow all persons access to college programs regardless of sex, race, age, color, religion, national origin, marital status, disability, Viet Nam era veterans' status, or veterans' disability. The college operates in compliance with Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities act, and the Vocational Amendments of 1976, and other federal and state constitutional and statutory provisions. Students have the right to be admitted to college programs and activities and have their performance evaluated on the basis of legitimate program prerequisites and requirements.

The College recognizes that students, as members of the College community, enjoy the freedom of speech and assembly, freedom of association, freedom of the press, right of petition, and right of due process.

As members of the college community students assume an obligation to conduct themselves in a manner compatible with the College's function as an educational institution and to comply with the laws enacted by federal, state, and local governments. If this obligation is neglected or ignored by any student, the College must, in the interest of fulfilling its function, institute appropriate disciplinary action.

The College of Eastern Utah Student Code of Conduct is applicable to the student=s conduct on the Price and San Juan Campuses and includes conduct directed at another student, staff, or faculty member of the college at all college sponsored activities, on college owned or leased property, while in a representative capacity of the college, or while traveling to and from college sponsored activities. Students may be subject to disciplinary action for any of the following violations:

1. Academic dishonesty in all its forms including, but not limited to: cheating on tests or other course work, and plagiarism.

Cheating would include, but is not limited to:

a. Copying from another's test paper or other course work.

b. Using materials during a test not authorized by the person administering the test.

c. Collaborating with any other person during a test, or other course work, without authorization.

d. Knowingly obtaining, using, buying, selling, transporting or soliciting in whole or in part the contents of an un-administered test or other course work.

e. Bribing any other person to obtain an un-administered test or information about an un-administered test.

f. Substituting for another student or permitting any other person to substitute for oneself, to take a test.

g. Altering a returned examination or other course work for subsequent re-evaluation and re-grading.  

h. Failure to return an examination or other course work that the instructor has required to be returned.

I. Removal of an examination or other course work from the classroom or office that the instructor has required not to be removed.

Plagiarism 

The appropriation of any other person's work and the unacknowledged incorporation of the work in one's own work offered for credit. Borrowing words or ideas attributable to a single source -- books, magazines, lectures, friend's paper, television show, etc. -- without giving credit to the original source with proper documentation, regardless of whether you use exact words or restate the idea entirely.

2. Failure to identify oneself or knowingly giving false information to any recognized official or committee of the College, or failure to comply with directions of College officials when acting in the performance of their duties.

3. Forgery, alteration, or misuse of College documents, records or identification.

4. Obstruction or disruption of teaching, administration, disciplinary procedures, or other College activities, including its public service function, or other authorized activities. 

5. Physical abuse of a person or conduct which threatens or endangers the health or safety of any such person.

6. Theft of or damage to property. 

7. Use, possession, manufacture, or distribution of alcoholic beverages, or any illegal substances, as defined by state and federal law, and as prohibited under College Policy and Procedure 4-15 - Student Alcohol and Other Drug Abuse, in or on any buildings or premises owned or leased by the College, or at any off-campus activity sponsored by the College. On College sanctioned field trips (see Policy 4-13), consumption of alcoholic beverages by those of legal age may be allowed at the end of the day, at the discretion of the field trip director.

8. Possession of explosives and dangerous chemicals, possession or use of firearms, except in College sanctioned, properly supervised, approved courses. Properly supervised, college sanctioned club activities involving firearms will be allowed only in areas designated by the local law enforcement agencies. 

9. Intentionally setting off a fire alarm or reporting a fire or other emergency, or tampering with fire or other emergency equipment except when done with reasonable belief in the existence of need thereof.

10. Unauthorized use or entry into College facilities.

11. Violation of College policies or regulations.

12. Personally appearing in a manner which violates community standards as prescribed by state and local law.

13. Sexual Harassment. Procedures in this matter will be conducted under provisions of Policy 4-17.

14. Breach of peace, aiding or inciting another to breach of peace, or infringement on the rights of others.

III. Student Judiciary Committee 

A. Committee Selection Process 

The committees shall consist of five members: one faculty and four students. One committee will be chosen by the Price Campus and one by the San Juan Campus to serve each respective campus. The faculty member shall be chosen by the respective Faculty Association. At the Price Campus, student members shall be selected by the Price ASCEU President and the Vice President of Student Services from a list of ten students submitted by the Price Student Advisory Council. At the San Juan Campus, student members shall be selected by the San Juan ASCEU President and the Dean of Administrative and Student Services from a list of ten students submitted by the San Juan Student Advisory Council. The committee reserves the right to choose an alternate, acceptable to both parties involved in the grievance, to fill a vacancy or temporarily replace members who may not be able to serve due to personal prejudice or constraints resulting from scheduling conflicts. The term of the student members shall be one year. Students' names may be submitted in subsequent years. The maximum a student may serve is two years. The term of office for the faculty member shall be two years and he or she may be re-appointed one time. If re-appointment occurs, the faculty member may not be re-appointed until at least one term of absence from the committee.

B. Committee Chair

This committee shall select chair, one of the students or the faculty member, and he or she shall participate in all the activities of the committee but vote only in case of a tie. The chair and three committee members shall constitute a quorum. 

C. Jurisdiction

The Student Judiciary Committee shall be the principal campus-wide committee to hear all charges of student misconduct as described in Section II. 

IV. Rules of Procedure in Student Disciplinary Mattershttp://ac.ceu.edu/intranet/policies/student/studrights4-2

As adult members of the college community, students, staff, and faculty are urged to resolve their differences informally, without the initiation of proceedings under the Student Code of Conduct. If informal resolution is not accomplished, then any unsatisfied party may initiate a complaint pursuant to the following rules and procedures.

A. Initiation of Disciplinary Proceeding:

Members of the College community, i.e., academic or administrative officials, faculty, professional or classified personnel, any student of the College, or guest of the College may request initiation of disciplinary procedures against any student suspected of violation of the Student Code of Conduct. Complaints alleging misconduct of any student of the College shall be filed at the office of the Vice President of Student Services for students at the Price Campus, and the Office of the Dean of Administrative and Student Services for students at the San Juan Campus. When a complaint has been filed, the Vice President or Dean shall make preliminary investigation to determine the significance of the charges and whether they could be disposed of informally by the Vice President or Dean without referral to the Student Judiciary. If the Vice President or Dean determines the alleged misconduct requires further review, he or she shall refer the matter to the Student Judiciary together with a report of the nature of the alleged misconduct, including the names of the complainant, in the event another student is preferring the charges of misconduct, the student charged, hereafter known as the respondent, and the relevant facts revealed by the preliminary investigation.

B. Right of Appeal to the Student Judiciary Committee

In the event the respondent, or complainant deem the actions taken by the respective Vice President or Dean, through informal review, inappropriate or unsatisfactory, either one may appeal the decision to the Student Judiciary committee, hereafter referred to as the Committee. Requests for appeal shall be initiated, in writing, within five days of the receipt of the respective Vice President's or Dean's decision. The written appeal shall include a brief description of the incident(s) at issue, the names of the participants in the incident(s), the names of the alleged wrongdoer(s) and victim(s), the section of the Student Code alleged to have been violated, and the relief sought by the person(s) making the appeal. The respective Vice President or Dean shall convene the Committee within five working days of the receipt of the request for appeal. 

C. Formal Procedures and Disposition

1. Pending Criminal Proceedings 

If a student charged with misconduct under this code has been charged with a crime for the same act or closely related acts by federal, state, or local authorities, or if it appears that such criminal charge is under consideration by said authorities, the committee may proceed to hear and decide the case prior to the disposition of pending or threatened criminal charges.

2. General Statement of Procedures

a. A student charged with violation of College rules and regulations or conduct in violation of the published standards and conduct is entitled to a written notice and formal hearing unless the matter be disposed of under rules of informal disposition.

b. The respective Vice-President or Dean shall initiate disciplinary actions by arranging with the chair to call a meeting of the Student Judiciary Committee and by giving written notice, such notice to be delivered personally to the respondent, and the complainant when applicable, which shall set forth, the date, time, and place of the hearing before the Committee.

3. Conduct of Hearing

a. The Chair shall preside at the hearing, read the notice of hearing and charges and verify the receipt of notices of charges by the student. The chair shall designate a member of the committee to maintain a written record of the hearing procedures. The chair shall establish the presence of any advisor, witnesses, or legal counsel of the respondent, or complainant and shall outline procedures of the hearing. The hearing shall be confidential and closed to the public. At the discretion of the respective Vice President or Dean, an armed campus police officer shall be present at all hearings.

b. If the respondent is accompanied by legal counsel, the complainant or the College may also have legal counsel present. The respondent or complainant must notify the respective Vice President or Dean five days before the date of the hearing if legal counsel will be present. Legal counsel may only advise the respondent or complainant and may not cross examine witnesses or speak for the respondent or complainant.

c. Legal counsel for the College will be under the same restrictions as those of the student charged.

d. The respective Vice-President or Dean shall make opening remarks outlining the general nature of the case. The respondent may make a statement to the committee about the charge at this time or at the conclusion of the complainant's or College's presentation at his or her election.

e. College's or complainant's witnesses will be called and identified. Questioning of the witnesses by the committee will take place. The respondent, with advice from his or her advisor or legal counsel, and permission of the chair of the committee, may question the witnesses, or examine evidence at the conclusion of the College's or complainant's presentation. The committee may also question the complainant. 

f. The respondent shall have the opportunity to make a statement to the committee about the charges and may present further evidence through witnesses or in written form, as he or she desires. The committee members may, with the chair's consent, question the respondent or his or her witnesses.

g. The Committee may permit the respondent, the College, or complainant to offer any matter in rebuttal to the other's presentation.

4. Determination by the Committee

a. The Student Judiciary Committee, in executive session, shall make its findings and determinations out of the presence of the respective Vice President or Dean, the respondent, and the complainant, and their representatives.

b. Sanctions which may be imposed by the committee are:

1. Warning 

A verbal and written notice, given by the committee chair to the respondent that his or her conduct is in violation of College rules and regulations. Continuation of such conduct or actions may result in further disciplinary action. 

2. Reprimand

Issuance of a written censure based on the findings of the committee. This censure must note that any further violations may result in further disciplinary action by the committee. The written censure will be placed in the respondent's personal file.

3. Probation

A specified period of observation and review of conduct during which the respondent must demonstrate compliance with College rules and regulations. Counseling or participation in a rehabilitation program may be required. The student may choose to employ college counseling services at no cost. If the student chooses to use off campus services, the student will be required to pay for the services personally. Conditions and terms of the probationary period will be determined at the time the sanction is imposed. Appropriate College officials shall be notified of the imposition of the sanctions(s). A written statement of the sanction(s) will be put in the respondent's permanent College records.

4. Suspension

From participation in any one or all of the following restricted enrollment programs: i.e., outdoor excursions, extra curricular activities, attendance at campus activities, utilization of campus facilities and resources.

*5. Separation

Separation from the College for a specified or indefinite period of time. Temporary or permanent separation may appear on the respondent's transcript. Participation in any College sponsored activity or the person's physical presence on the campus may be restricted.

*6. Expulsion

The respondent may be permanently separated from the College. This action will be made part of the respondent's permanent record. The person will be made part of the respondent's permanent record. The person may also be barred from the College campus and activities.

In the event of separation or expulsion, a student may not be re-admitted without consent of the President of the College.

7. Monetary Sanctions

Students suspended, separated, or expelled will lose the right to tuition and fee refund unless the tuition and fees were paid by financial aid.

8. Temporary Interim/Emergency Sanctions

The President, respective Vice President or Dean, Academic Vice president, or Division Deans may at any time suspend or deny readmission of a student to the college pending formal procedures when he or she believes that the presence of a student on the campus would seriously disrupt the College or constitute a danger to the health, safety, or welfare of the College community. The suspending officer shall immediately notify the respective Vice President or Dean, in writing, who shall initiate disciplinary procedures within two days of the notification.

*Sanctions 5 and 6 will be recommended to the President of the College for implementation.

5. Official Report of Finding

The Committee shall promptly consider the case and transmit its findings and determinations, in writing, to the respective Vice President or Dean. The Vice President or Dean will then deliver these determinations to the respondent, along with a copy of the procedures for appeal within twenty-four hours of the Committee's decision.

6. Record of Hearing

A summary of the hearing shall be maintained and kept as long as the discipline imposed is in force. This summary shall be transmitted by the chair of the Committee to the Office of the respective Vice-President or Dean. 

D. President's Review of Separation and Expulsion Sanctions

Separation or expulsion from the College shall be recommended to the President of the College for implementation. After reviewing the proceedings of the hearing, the President may affirm, reverse, or modify the recommended sanctions or remand the case back to the Committee with recommendations.

E. Right of Appeal

1. In the event the respondent, complainant, or respective Vice President or Dean, shall consider the decision rendered by the Committee to be unsatisfactory, any one of them may appeal the decision to the President of the College.

2. The person(s) requesting the appeal shall inform the respective Vice President or Dean of their desire, and Vice-President or Dean shall deliver the written report of the findings and decisions of the Committee to the President within twenty-four hours of the request.

3. The President shall review the written report of the Committee and the supporting documents for one or more of the following purposes:

a. To determine whether the original hearing was conducted fairly in light of charges and evidence presented.

b. To determine whether the decision reached was based on sufficient evidence to establish that a violation of the Student code occurred.

c. To determine whether the sanctions imposed were appropriate for the violation which the student was found to have committed.

4. The President may give the appealing party an opportunity to present the reasons for the appeal and if, in the President's discretion, it is desirable, may hear from the respective Vice President or Dean and a representative from the Committee, or the respondent in the event the appealing party is the respective Vice President or Dean or the complainant.

5. After consideration of the appeal, the President may:

a. Affirm the decision of the Committee.  

b. Modify the sanctions imposed.

c. Direct the Committee, in writing, to re-open the hearing for a particular purpose in order to safeguard due process.

6. The President shall notify the appealing party and the respective Vice President or Dean within five working days of receipt of the appeal, of the decision on the appeal.

7. The President's decision shall be final. There shall be no further appeal except by recourse to the civil courts.

F. Amendments and/or Changes to the student Code and Due Process Procedures:

1. Amendments to this Code may be proposed by the Board of Trustees, or the President of the College, or the Vice President of Student Services, Price Campus, or the Dean of Administrative and Student Services, San Juan Campus, or the ASCEU Executive Council, Price Campus, or the ASCEU Executive Council, San Juan Campus, or members of the CEU Senate, or by written petition of not less than 5% of the campus FTE in Fall Quarter of the academic year.

2. Proposed amendments shall be submitted to the Student Council which shall, within 30 days of receiving the amendments or changes, publish notice of same and solicit comments from the members of the college community via not less than two open hearings.

3. Following the activities listed in number 2 above, the Student Council shall, via the ASCEU President and the Vice President of Student Services, place the proposed amendments or changes on the College Senate agenda, at which time the amendments or changes shall follow established college procedures to be implemented.