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SCHOOL CLOSING POLICY*

As a general rule, classes will not be cancelled if the campus roadways and parking lots are usable and the police have not limited travel on major highways and arteries. These factors also are considered in the closing of the centers. Please note that the closing of public schools, etc., will not necessarily mean UMA is closed. Regardless of UMA's decision regarding closing, students must decide for themselves whether or not it is prudent to travel to the campus, a center, a site, or a clinical facility.

In the event of an emergency condition occurring during the night, necessitating closing or delaying the opening of the Augusta and Bangor campuses, a decision will normally be made by 6:00AM for day classes. In the event of deteriorating conditions during the day, listen for updates. Every effort is made to give students two (2) hours' notice of any cancellations, but unanticipated weather conditions and concerns for safety may sometimes require shorter notification.
School closing announcements are indicated by an Emergency Notice box appearing on UMA's home page.  Students can also sign up for UMA Alerts, which is a way to receive weather closure and emergency information via cell phone and email.  Notice of closing is normally made on local television stations; listings of specific stations used are posted in classroom areas. When possible, notice of closing is available by calling 621-3000 or 1-877-UMA-1234 and selecting option #3. Bangor students may call 262-7700.

*May also apply to emergency situations other than weather.

SELLING, SOLICITING, ADVERTISING, AND SPEAKING ON CAMPUS

UMA encourages appropriate participation of on-campus groups and the general community in activities of mutual benefit on the premises of UMA while protecting the central educational purposes of the University and assuring no unfair competition with local businesses. Any individual or group, on campus or off, wishing to engage in any solicitation (including commercial sales, fund raising, and distribution of literature) must apply for permission. Contact: Administrative Services in Augusta or Bangor.

SEXUAL HARASSMENT POLICY

What is Sexual Harassment?
Sexual harassment is unwelcome sexual attention that is a form of illegal sex discrimination under federal and state law. It is usually repeated behavior, but could be one serious incident. Sexual harassment may be blatant, as in:

  • sexual assault
  • stalking
  • deliberate touching, pinching, caressing
  • attempts to fondle
  • pressure for dates or sex
  • requests for sex in exchange for grades or promotions.

Or sexual harassment may be more subtle – like staring, sexual jokes, or teasing, sexually demeaning remarks.

Although such forms of harassment may be unintentional, persistent or severe sexual behavior and words are harassing if the conduct unreasonably interferes with an individual's work or academic performance or creates an intimidating, hostile, or offensive working or educational environment. When the harassing conduct is not sexual, but is based on someone’s gender, it can also contribute to creating a hostile environment.

Sexual harassment usually occurs in situations where one person has power over another, but it can also occur between equals. Both men and women can be sexually harassed, though women are most often victimized. Sexual harassment can also occur between members of the same sex.

What Kinds of Behaviors May Lead to Complaints?

Not all of the following examples are severe or pervasive enough to be sexual harassment, but all of them involve problematic or questionable behavior that may lead to complaints.

Rachel’s major requires an internship with a community agency. Her supervisor at the agency has been sending her sexually explicit e-mail with links to sexually graphic web sites. Rachel is nervous about continuing her weekly meetings with him.

At June’s work-study job, her supervisor repeatedly makes jokes with sexual overtones. He promises her a promotion if she will work after hours in his apartment on a “special” project.

In one of Karen’s classes, the professor frequently makes derogatory comments and jokes about women that have sexual overtones. Karen finds them so insulting that she is thinking about dropping the course.

Jim, a custodian in the women’s residence hall, has a good relationship with the students. He likes to linger and chat with them and sometimes goes into their rooms to talk. One young woman, uncomfortable with Jim’s friendliness, is thinking of moving to a different hall.

Robert is an older student with a 3.9 G.P.A. The graduate assistant teaching his lab section asked him to go out with her several times. Robert said no and made excuses. Now his papers are getting low grades. He is sure that it is in retaliation for his refusals.

For some time, Vicki has listened sympathetically when her boss talks about his bad marriage. Now he wants her to listen over drinks after work. Vicki is uncomfortable and her boyfriend is jealous. 

Philip is a student who openly supports gay and lesbian rights. He was pushed to the ground by a group of other students and interrogated about his own sexual preferences while two students made blatant sexual gestures.

Norma is in a tenure track position. She begins dating John, a tenured professor in the department. After several months, Norma realizes that John is interested in a more serious relationship than she is. But she is worried about breaking off their relationship because John sits on the peer review committee that will consider her reappointment.

A resident in Mary’s hall has been “coming on” to her; though she tries to ignore his behavior, it is getting worse. He stares at her, comments on her clothing and plays with her hair. Late last night he came to her door loudly asking to sleep with her, and wrote obscenities on her memo board when she refused. Mary’s friends are saying, “Watch out for him.”

What is the University's Policy?

The University of Maine System is committed to providing a positive education and work environment for all students and staff. Sexual harassment, whether intentional or not, undermines the quality of this climate and is against the law. The University has a legal and ethical responsibility to ensure that all students and employees can learn and work in an environment free of sexual harassment. The Board of Trustees has adopted this policy regarding sexual harassment:

Sexual harassment of either employees or students is a violation of federal and state laws. It is the policy of the University of Maine System that no member of the University System community may sexually harass another. In accordance with its policy of complying with non-discrimination laws, the University System will regard freedom from sexual harassment as an individual employee and student right which will be safeguarded as a matter of policy. Any employee or student will be subject to disciplinary action for violation of this policy.

In conformance with this policy, the University of Maine System will ensure fair and impartial investigations that will protect the rights of the person(s) filing sexual harassment complaints, the person(s) complained against, and the institution or unit. Retaliation against anyone who makes a complaint of sexual harassment or who is involved in a complaint process will not be tolerated.

Consenting relationships may constitute sexual harassment under this policy. When a professional power differential exists between members of the University of Maine System and a romantic or sexual relationship develops, there is a potential for abuse of that power, even in relationships of apparent mutual consent. Faculty and staff members are strongly advised not to engage in such relationships. Further, the University System prohibits the abuse of power in romantic or sexual relationships.

To assure that power is not abused and to maintain an environment free of sexual harassment, a faculty or staff member must eliminate any current or potential conflict of interest by removing himself or herself from decisions affecting the other person in the relationship. Decisions affecting the other person include grading, evaluating, supervising, or otherwise influencing that person’s education, employment, housing, or participation in athletics or any other University System activity.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education;

2. submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; or

3. such conduct interferes with an individual’s academic or work performance or creates an intimidating, hostile or offensive employment, educational or living environment.

This policy is currently under review.

What Are the Effects of Sexual Harassment?

People who are subjected to sexual harassment often feel powerless to stop the situation. Especially in this culture, where “no” is often heard as “yes,” verbal refusals are frequently ineffective. People may also fear retaliation if they say “no.”

People who experience sexual harassment often blame themselves. Others may also blame them for the problem, rather than holding the harasser responsible for the behavior.

All effects are harmful. Sexual harassment is not funny; it is degrading and upsetting. It is not “just the way things are.” People who feel harassed have dropped courses, changed majors, avoided advisors, even quit jobs or school.

What About "Consenting" Relationships?

University policy strongly discourages consenting romantic or sexual relationships between members of the University community when one person has power or authority over the other. The trust and respect that students have for faculty and other staff can make it difficult for them to freely reject sexual advances. Because faculty and staff have the power to give or withhold rewards such as praise, grades, and recommendations, this further limits the extent to which a sexual relationship between faculty or staff and students can be considered truly consensual. There are similar problems with an apparently consenting relationship between supervisor and employee. Even if a subordinate student or employee does not appear to object to a sexual relationship, this does not mean that the person welcomes the relationship. Moreover, someone else may claim that the participant in a consenting relationship received preferential treatment and may file a complaint of sex discrimination against the faculty member or supervisor.

Some students – such as RA’s and peer tutors – may also be in a position of apparent authority over other students and should be alert to the risks of consenting relationships.

Sexual relationships that may result in complaints of sexual harassment or sexual favoritism and that create a conflict of interest include, for example, those between:

A faculty member and student who is enrolled in the faculty member’s course, who is enrolled in a program for which a course taught by the faculty member is a requirement, who is an advisee of the faculty member, or whose academic work is supervised by the faculty member;

A faculty or staff member and student if the faculty or staff member is in a position to evaluate or otherwise influence the student’s education, employment, housing, or participation in athletics or any other University activity (staff members include, for example, graduate assistants, administrators, coaches, advisors, program directors, counselors, health center staff, and residential life staff);

An employee and that person’s supervisor; a department chair and a faculty member in the same department; an administrator and a faculty or staff member in a department under that administrator’s direction;

An untenured faculty member and a tenured faculty member who participates in peer recommendations about the untenured person.

If a faculty or staff member becomes sexually or romantically involved with a subordinate student or employee, the faculty or staff member must remove himself or herself from any decisions affecting the other person as soon as practicable. This is necessary to avoid a conflict of interest and the potential for sexual harassment or sexual favoritism. The faculty or staff member should speak with his or her supervisor about appropriate ways to transfer such responsibilities.

How Are Complaints Handled?

The University has an Equal Opportunity Complaint Procedure to deal promptly and fairly with concerns and complaints about discrimination or harassment. Any student or employee who feels that he or she has experienced sexual harassment, and anyone with knowledge of an incident, should contact his or her supervisor, the campus Equal Opportunity Officer (if the alleged harasser is an employee), or Student Judicial Officer (if the alleged harasser is a student) as soon as possible after the incident. Any supervisor who becomes aware of a problem must promptly contact the Equal Opportunity Officer or the Student Conduct Officer.  If the Equal Opportunity Officer or Student Conduct Officer has a substantial conflict of interest regarding either the complainant or the person accused, an alternate may be requested.

Complaints are handled as confidentially as possible to protect the rights of both the complainant and the person accused. Retaliation against anyone who makes a complaint or participates in a complaint process is not tolerated. The complainant and the person accused have certain rights to representation during the complaint process.

The Equal Opportunity Officer or Student Conduct Officer discusses informal and formal options for resolving the problem. The goal of the informal process is to seek a resolution acceptable to everyone involved. Many concerns can be addressed through the informal process, which provides the maximum privacy and an opportunity for the earliest possible resolution.

If the complainant chooses or if a problem cannot be resolved informally, the complainant may request a formal investigation. When the person accused of sexual harassment is an employee and a formal complaint is filed, an investigator external to the campus conducts the investigation under the procedure in the Equal Opportunity Complaint Procedure.  When the person accused of sexual harassment is a student and a formal complaint is filed, the Student Conduct Officer conducts the investigation according to the procedure in the Student Conduct Code.

When the person accused is an employee or a person from outside the University, the Investigations Coordinator conducts the investigation. An appropriate administrator then decides whether the complaint has been substantiated and what corrective action will be taken. When charges of sexual harassment are substantiated, severe discipline may result, up to and including termination for an employee or dismissal for a student.

The Equal Opportunity Complaint Procedure is available online at http://www.maine.edu/system/hr/eocp.php and in the Equal Opportunity, Human Resources, and Student Affairs Offices. All members of the University community are encouraged to use this procedure. Sexual harassment complaints may also be filed with the Maine Human Rights Commission, State House Station 51, Augusta ME 04333, (207) 624-6290 or with the U.S. Department of Education Office for Civil Rights, 5 Post Office Square, Boston, MA 02109, (617) 289-0111 . Employees may choose instead or in addition to file a grievance.

Remember, the University’s goal is to prevent or, when necessary stop

sexual harassment on campus. There are many resources directed toward these goals. The first step is yours – SPEAK UP!

What Can You Do About Sexual Harassment?

As someone who has experienced or may experience sexual harassment—

Set your own boundaries. Say “NO” emphatically and clearly when you are asked to go places, do things, respond to questions, or engage in situations that make you uncomfortable. Do not worry about offending the other person or hurting his or her ego. Take care of yourself first.

Be aware of situations and people who may harm you. Don’t ignore others’ warnings about particular people or social settings. Acknowledge their concern for you and for themselves. Trust your own instincts about possible danger.

In an uncomfortable situation, be direct and honest, and remove yourself from the situation immediately. Regardless of your previous behavior or signals you may have given earlier, you have the absolute right to halt any sexual exchange at any time. Accept this right and act on it. If someone tells you to stop an encounter, listen to her or him and respect that request. Anything else is harassment.

Tell someone. Being quiet or stoic about sexual harassment lets it continue. Talk to other students or co-workers; you may not be the only one harassed by this person. Report the harassment to the appropriate University staff. Do not blame yourself and do not delay.

Keep records. Write down dates, places, times, witnesses, and the nature of the harassment – what was done and said and your response. Later it may be important for you to remember the details of incidents.

As a student, respect the rights and preferences of all members of the University community. Support another student who comes to you with a problem by encouraging her or him to report sexual harassment to appropriate University personnel. Be aware that sexual harassment complaints against students often involve excessive alcohol consumption.  However, the use of alcohol or drugs does not excuse sexual harassment or diminish the seriousness of an incident.

As a faculty member, make sure you are aware of how classroom behavior and interaction with students may constitute, or be construed as, sexual harassment. Discuss the issue with your colleagues, perhaps your students.

As an employee, be sensitive to how others view what you say and do.

Who Must Report Sexual Harassment?

It is never easy to report sexual assault or sexual harassment.  But it is always the right thing to do.  All of us have responsibility for contributing to a safe campus and for forwarding information about allegations of sexual harassment and sexual assault.  When allegations like these arise, all University employees and volunteers should report what they witnessed or heard to the Equal Opportunity Officer or Student Conduct Officer.

Federal law – Title IX of the Educational Amendments of 1972 – requires that the following employees MUST report sexual harassment and sexual assault that they see or learn about:  all faculty members, all supervisors and administrators, and all police officers, as well as staff who work in student affairs, residence halls, and athletic programs.

If a student or employee reports harassment to you, listen carefully, explain the University’s sexual harassment policy, and encourage the person to contact the campus Equal Opportunity Officer or Student Conduct Officer as soon as possible. In addition, it is essential that you promptly report the situation to the Equal Opportunity Officer or Student Conduct Officer.

How Can I Avoid Behavior That May Be Seen As Harassing?

Here are some guidelines:

  • Treat all co-workers and students with respect.
  • Be careful about touching others.
  • Consider that jokes, words, and gestures that have sexual connotations or demean or trivialize any person or group could offend others.
  • Keep compliments casual and impersonal.
  • Leave sexually provocative pictures and language at home.

Ask yourself if:

  • Others seem uncomfortable with your comments or behavior;
  • It is behavior you would want to appear on the evening news;
  • You would want a member of your family to be treated in the same way.

How Does Academic Freedom Relate to Sexual Harassment?

Sexual harassment includes verbal conduct if it unreasonably interferes with an individual’s work or academic performance or creates an intimidating, hostile, or offensive work or educational environment. Verbal expression that is relevant to course subject matter is not regarded as sexual harassment. However, classroom language which is severe or pervasive and which is directed at an individual because of his or her sex may constitute sexual harassment and may violate University policy.

Academic freedom requires an environment in which all participants feel free to express their opinions. Sexual harassment hampers academic freedom. The University's policies and procedures for dealing with sexual harassment promote academic freedom while protecting the rights of all members of the University community.

Where Can You Go For Help?

If you think that you are being sexually harassed, or if you have information about sexual harassment, seek help – the sooner the better. Report sexual harassment to your supervisor or Equal Opportunity Officer, or to the Student Conduct Officer if the alleged harasser is a student. In addition to the individuals listed here, you may talk with any faculty member, administrator, or staff person with whom you feel most comfortable, including your supervisor, the harasser’s supervisor, or your resident assistant. If you need personal help in dealing with the effects of sexual harassment, contact the campus counseling center (students) or employee assistance program (employees).

If you have questions or concerns about sexual harassment contact:

  • Sheri R. Stevens, Director of Equal Opportunity, Farmhouse, 621-3110

To report harassment by a student, contact:

  • Laura Rodas, Coordinator of Community Standards and Mediation, Robinson Hall, 621-3226 (University of Maine at Augusta and University College)

This information is available in a brochure and alternate format upon request.

SHARING OF RECORDED VIDEO COURSES

Please be aware that some of UMA’s video courses (recorded via ITV, Panopto, etc.) may be made available for viewing by other students who are enrolled in the same course, but not in the same video section. Students who want to know if this practice applies to their video section should check the class notes (click on “View Details”) in the online Class Search and course guide, or check the course syllabus and course BlackBoard site.

 SOLID WASTE MANAGEMENT LAW

The University of Maine System is committed to a resource management strategy which reduces to a minimum the production of waste material while reusing or recycling as much as possible the materials remaining. In compliance with the System policy, the University of Maine at Augusta has established a "Reuse-Recycle-Reduce" Program.

UMA RECYCLES: All office paper; NCR carbonless multi part paper; envelopes (without pressure sensitive labels); index cards; manila file folders; newspapers; magazines; phonebooks; corrugated card boxes; laser toner cartridges; universal waste items (batteries, fluorescent tubes, computer and TV monitors). If you have questions about the program, please call the Office of Administrative Services in Augusta.

RESOLVING STUDENT ACADEMIC COMPLAINTS

Special Note Regarding Academic Complaints and Grievances: Occasionally, UMA students take courses offered by other (non-UMA) campuses or institutions. If you experience problems related to such a course, you must contact the campus offering that course for assistance. If you are still not satisfied and wish to file a formal academic grievance, you must follow the grievance procedures outlined by the campus sponsoring the course. Many campuses post their policies in their online student handbooks. The faculty member, his or her supervisor, or the chief student affairs officer at that campus may also be able to provide you with more information.

UMA is concerned about the quality of every student's academic experience. When a student has an issue with an instructor or a course, we encourage that student to first pursue an informal resolution to his or her concerns. This is typically the most efficient and effective way to resolve a complaint.
Students are encouraged to follow these guidelines in dealing with such matters:

  1. Communicate the concern in a timely manner directly to the instructor.
    Allow the instructor an opportunity to address your concerns. The instructor may be totally unaware of the problem and, therefore, unable to correct it without your feedback. In some cases, the issue may be beyond the instructor's control.
    Approach the conversation in a positive manner that encourages collegial problem solving.
    Be prepared to articulate your concern as clearly as possible. Do your homework and be ready to cite information (i.e., syllabus, graded papers, textbook information, etc.) that supports your point of view.
    To allow for confidential and extended conversation, arrange to discuss the concern with the instructor outside of the classroom setting.
  2. If not satisfied with the instructor's response, consult with your program coordinator or academic advisor. Either may be very helpful in resolving the problem. If you are not in a UMA degree program, move on to step 3. The name of your program coordinator is listed on UMA's Web page and may also be obtained from the college office or UMA's Enrollment Services Center (1-877-UMA-1234). Your faculty advisor's name is available through MaineStreet. Students attending at a center may also choose to consult with center staff.
    If it is impractical for you to contact either your program coordinator or academic advisor, move to step 3.
  3. If the consultation process noted above is unsuccessful, arrange to speak with the dean of the college who oversees your degree program. If you are a non-degree student, speak with the college dean who oversees the course or instructor in question.
    The name of the appropriate college dean is on UMA's Web site or may be obtained from UMA's Enrollment Services Center.
  4. If the issue remains unresolved, contact the Office of the Dean of Students (student grievance officer) to discuss the option of filing a formal student academic grievance. The officer will explain the procedures and the circumstances under which a formal grievance is permitted. Filing a formal grievance is a serious step and is not appropriate in all circumstances.
  5. When a formal grievance is not an option or desired by the student, the Office of the Dean of Students will provide information regarding any remaining options for resolving the complaint.

STUDENT ACADEMIC GRIEVANCE POLICY

Students who plan to file a grievance must contact the dean of students, who serves as the student grievance officer, to discuss their options and obligations under this policy. The dean of students may also provide information about alternate channels to resolve complaints. Any questions regarding this policy should be addressed to the dean of students. In the event of a conflict of interest for the dean of students, an alternate student grievance officer will be appointed by the provost.

This Policy and Procedure is designed to give a University of Maine at Augusta student the maximum opportunity to pursue a formal grievance procedure when conditions warrant. Grievances under this policy are limited to allegations of failure of faculty to follow published course requirements or University policies, including perceptions of unfair or discriminatory behavior. While this Policy and Procedure intends to ensure a fair process, it is not intended to interfere with the faculty prerogative to grade the substance of a student's course work. A grade, under normal circumstances, can be changed only by the faculty member who assigned the grade.

The following apply to all student academic grievances:

  • Official University holidays and breaks between academic sessions do not count in the computation of deadlines.
  • If the party being grieved does not adhere to the procedural time limits, the student may automatically proceed to the next step. However, the grievance process recognizes that faculty are typically not under contractual obligation during the summer. The grievance process may be postponed if deadlines fall within a period when the faculty member is not under contract. If extenuating circumstances prevent a faculty member from responding to a student grievance that faculty member’s dean will appoint an alternate faculty member to represent them in the grievance process.
  • If a student who intends to pursue a grievance does not adhere to the procedural time limits, their grievance is terminated.
  • Exceptions to deadlines may be permitted by agreement of both parties.
  • In the event of a grievance, a student may opt to have a person act in the capacity of a support person during this procedure (see dean of students for details). No party shall be accompanied by legal counsel.
  • The dean of students monitors compliance with all deadlines and procedures, therefore, must be copied on all documents pertinent to this procedure.
  • If one party claims extenuating circumstances prevent adherence to the specifications of these procedures, the president of the Faculty Senate shall adjudicate the legitimacy of the extenuating circumstance.

The University assumes that at any given stage in the following procedures all parties will act in good faith and make sincere efforts to reach a fair and final resolution of the issue(s) in question.

Procedure:

A. A student must initiate a grievance regarding a course or academic action no later than 30 calendar days of the posting of the final course grade. The date of posting of the final grade is determined by the Registrar. To “initiate” means that the student must confirm in writing his/her intent to file a grievance with the dean of students.

B. Within five business days of initiating the grievance the student must discuss the matter of concern with the faculty member unless one of the parties is unwilling. This step may be eliminated at the option of either party.

C. If the grievance is not resolved by discussion, within ten business days he or she must submit in writing the details of the grievance with copies to the dean of students, faculty member and the faculty member's immediate supervisor.

D. Within ten business days of receiving the student’s detailed grievance document, the faculty member must respond in writing to the student with a copy to the faculty member's immediate supervisor and dean of students. The faculty member must respond in specific terms to the grievance.

E. To continue the grievance, within five business days from receipt of the faculty member's written response to her/his grievance, the student must request in writing a meeting with the faculty member and the faculty member's immediate supervisor. The meeting must be held within five business days of receipt of request.

F. If the meeting outlined in step E does not resolve the grievance; the student must request within five business days that the president of the Faculty Senate convene an Ad Hoc Student Academic Grievance Committee to investigate the facts surrounding the grievance.

G. The president of the Faculty Senate will appoint an Ad Hoc Student Grievance Committee within five business days of receipt of the request.

  • The Committee will consist of three members: one faculty member from the discipline in question (or as related as possible); one faculty member from a College other than that of the party being grieved; and one student designated by the Student Government Association.
  • Both the student and faculty member may exercise one peremptory challenge and may challenge for cause any member of the Committee, the judgment in the matter of cause being made by the parliamentarian of the Faculty Senate.
  • The Committee will strive to protect the interest of both parties and follow a fundamentally fair process. If new information comes forward both parties of grievance have the opportunity to rebut it.

H. Within ten business days of appointment, the Ad Hoc Student Grievance Committee will report its findings and recommendations to the student and faculty member concerned, the faculty member's immediate supervisor, the provost, the president of the university, the president of the Faculty Senate, and the dean of students.

I. The president of the university or designee can implement the report, reject it, or return it to the committee for further consideration.

STUDENT ACADEMIC INTEGRITY CODE

SECTION I: Definitions
The University of Maine at Augusta is dedicated to upholding the highest standards of academic integrity. Academic integrity means that one's work is the product of one's own effort, and one neither receives nor gives unauthorized assistance in any assignment. Because advanced academic work depends on the sharing of information and ideas, academic integrity at the college level includes rigorous adherence to the conventions for acknowledging one's use of the words and ideas of other people, and instruction in this fundamental skill of college life is available to all UMA students. As members of the UMA community as well as the broader community of seekers of knowledge and truth, we affirm academic integrity as a central value because we recognize the following:

  1. The purpose of education is to attain knowledge and develop skills, and this purpose is achieved through academically honest work. When students create academically dishonest assignments, they do not receive the full benefits of their courses; moreover, they prevent instructors from accurately gauging the capabilities of their students and, thus, prevent instruction from being offered at an effective level.
  2. Education flourishes in a climate of trust. Students, in devoting time and energy to their academic assignments, need to know that their peers are not seeking an unfair advantage over them, and instructors, in devoting careful attention to their students' work, need to know that the work is that of their students. Only academically honest actions establish and sustain trust among students and between students and faculty.
  3. Education flourishes in a climate of respect for intellectual and artistic labor, and the rigorous adherence to the standards of academic integrity, especially the conventions for acknowledging one's use of others' words and ideas, is essential to such a climate.
  4. An act of academic dishonesty jeopardizes all members of our community, not just the perpetrator. The reputation of UMA and the value of a UMA diploma depend on the genuine accomplishments of UMA graduates and, thus, on the academic integrity of the entire UMA community.

RESPONSIBILITIES
All members of the UMA community are responsible for learning the standards of academic integrity and ensuring that all of their work meets them. All students will be held to the standards of this Academic Integrity Code. If students have questions about the academic integrity of their work, they should discuss these with their instructors before turning in the work. Ignorance and carelessness are not justifications for violation of the code. Violations of academic integrity include, but are not limited to, the actions listed.

Plagiarism: the representation of others' words or ideas as one's own. For example,

  1. Submitting as one's own work an examination, paper, homework assignment, or other project (laboratory report, artistic work, computer program, etc.) that was created entirely or partially by someone else.
  2. Failure to use quotation marks to signal that one is using another person's precise words. Even brief phrases must be enclosed in quotation marks.
  3. Failure to identify the source of quotations and paraphrases. Of course one must cite the source of quotations; one must also cite the source of ideas and information that is not common knowledge even when paraphrased (presented in one's own words). Sources include unpublished as well as published items -- for example, books, articles, material on the Internet, television programs, instructors' lectures, and people, including other students, friends, and relatives.
  4. Creating an academically dishonest paraphrase. When paraphrasing the author must find their own way of expressing the original meaning. Simply inserting synonyms into the source's sentence structures is plagiarism.
  5. Failure to identify the source of the elements of a nonverbal work (for example, a painting, dance, musical composition, or mathematical proof) that are derived from the work of others.

Cheating: the use or attempted use of unauthorized assistance in an examination, paper, homework assignment, or other project. For example,

  1. Copying answers from another student's examination.
  2. Communicating in any way with another student or a third party during an examination without the permission of the instructor.
  3. Using unauthorized materials or devices (e.g. notes, textbooks, calculators, electronic devices) during an examination without the permission of the instructor.
  4. Obtaining and/or reading a copy of an examination before its administration without the permission of the instructor.
  5. Collaborating with other students or third parties on a take-home examination, paper, homework assignment, or other project without the permission of the instructor.

Additional violations of academic integrity include:

Duplicate Work: Submitting a paper or other project in more than one course without the permission of the instructors. Students are expected to produce original work for each course. A student should not submit identical or substantially similar papers or projects in two different courses (in the same or different semesters) unless both instructors have given their permission.

Facilitating Academic Dishonesty: assisting another student's academic dishonesty. For example,

  1. Writing a paper or other project for another student.
  2. Permitting another student to copy from one's examination, paper, homework assignment, or other project.
  3. Assisting another student on a take-home examination, paper, homework assignment, or other project if one knows or suspects such assistance is not authorized by the instructor.

Fabrication: For example,

  1. Fabrication of data: Inventing or falsifying the data of a laboratory experiment, field project, or other project.
  2. Fabrication of a citation: Inventing a citation for a research paper or other project.
  3. Alteration of an assignment: Altering a graded examination, paper, homework assignment, or other project and resubmitting it to the instructor in order to claim an error in grading.

SECTION II: SANCTIONS
A violation of the Code of Academic Integrity is a distinctly grievous act that jeopardizes the entire community, not merely the education of the individual perpetrator. Because this code ensures that all students are familiar with the standards of academic integrity, a violation of the code is an implicit statement made by the perpetrator that he or she is unwilling or unable to uphold the central value of our community. In imposing a sanction when the code is violated, the community implicitly communicates its own statement in response. To reaffirm the centrality of academic integrity, the sanction imposed for any violation is severe, typically exceeding the consequences of other forms of academic failure. While a student who invests little effort in studying or procrastinates until the night before the due date of a major assignment likely will earn a low grade, a student who chooses to violate the code should expect a sanction that emphatically signals that academic dishonesty is a failure that surpasses any other shortcoming in academic behavior. It is crucial that instructors and the Student Conduct Committee have the latitude to select a sanction that is appropriate for the specific circumstances of each case, but it is also vital that a sanction reflect the principles of a community that has explicitly pledged itself to uphold the highest standards of academic integrity. Mild sanctions trivialize academic integrity, and sanctions that vary radically from one course to another suggest that academic integrity is a value that is prized unevenly within the community. In an attempt to articulate a clear but flexible framework to assist instructors and the committee in the important task of assigning sanctions the following recommendations are presented:

  1. Academic: The instructor will determine the course-related academic sanction. The maximum sanction is a grade of F for the course. Actions may include, but are not limited to: repeating the assignment, extra course-related assignments, awarding of a failing grade for the assignment, and reduction of course grade.
  2. Disciplinary:If the Student Conduct Officer determines this is a repeat violation of the Academic Integrity Code by the student, the case will be referred to a Student Conduct Committee for consideration of disciplinary action.
    Second Violation: If a Student Conduct Committee determines that a second violation has occurred, they will declare the student ineligible for all future academic honors and awards, including all future Dean's Lists, departmental and university awards, and graduation honors. The maximum sanction imposed by a Student Conduct Committee will be dismissal from the university and, for students whose violation is determined after graduation, revocation of the degree.
  3. Third Violation: The Student Conduct Committee will dismiss the student from the university or revoke their degree.

SECTION III: PROCEDURES
Adhering to the standards of academic integrity, one has the right to enjoy the benefits of an academically honest community, but that right comes with an additional responsibility. In addition to ensuring their own work is academically honest, all members of the UMA community share the responsibility for encouraging the academic integrity of others. An important way to encourage academic integrity is not to tolerate academic dishonesty. Failing to respond to a violation of the code is the equivalent of condoning that violation and encouraging future violations. Only when all of us respond reliably to acts of academic dishonesty is the academic integrity of our community protected.

  1. Faculty members are expected to report all suspected violations of the Student Academic Integrity Code through the procedures that are detailed below. These procedures are designed to create a fair and consistent system for dealing with alleged violations of the code. Of course, faculty members should also take reasonable measures to discourage academic dishonesty -- for example, including in the syllabus a statement about academic integrity that clarifies any specific guidelines for the course, instructing students in any procedures of academic integrity within the discipline that are especially challenging, and proctoring examinations.
  2. Students are strongly encouraged to respond to violations of academic integrity that they witness. It is especially recommended that a student promptly report the violation to the instructor of the course in which it occurred.

Procedural Steps
While their case is pending or after they have been found in violation of the Student Code of Academic Integrity, students may not withdraw from a course in which the alleged or established violation occurred.

  1. Alleged violations of the Student Academic Integrity Code are to be reported to the Student Conduct Officer as soon as they have been detected. All charges of academic dishonesty must be reported within one year from the conclusion of the semester in which the violation is alleged to have occurred.
  2. Faculty who suspect that a student has violated the Student Academic Integrity Code will then fill out a Student Academic Integrity Violation Form in order to document the alleged violation.
  3. Once the summary of allegation(s) and evidence section of Student Academic Integrity Violation Form has been completed, the faculty member or designee must discuss the alleged violation with the student. If, as a result of this discussion the faculty member becomes convinced that he or she was mistaken, the Student Academic Integrity Violation Form will be destroyed and the matter will be considered resolved. If, however, the faculty member finds sufficient evidence that a violation of the Student Academic Integrity Code has taken place, the faculty member will assign a course-related academic sanction. The faculty member will then record the academic sanction on the Student Academic Integrity Violation Form, retain the original form, provide a copy to the student, and forward a copy to the Student Conduct Officer.
  4. Upon presentation of the Student Academic Integrity Violation Form to the student, the student has up to two weeks to return the form to the Student Conduct Officer.
    1. Students may admit violation of the Student Academic Integrity Code by signing the appropriate line on the form. If they choose this option, the course-related academic sanction(s) imposed by the instructor will stand. Failure of the student to sign and return the form by the deadline indicates the student chooses not to challenge the violation or sanction.
    2. Students may contest the faculty’s finding regarding the violation of academic integrity and/or the appropriateness of the imposed academic sanction(s) by signing the appropriate line of the Student Academic Integrity Violation Form. In so doing, the student indicates his/her intention to pursue a Student Academic Grievance. The student will then follow the established campus procedures governing a Student Academic Grievance.
    3. When a faculty’s finding and academic sanction(s) regarding violation of the Student Academic Integrity Code are upheld in a grievance process, a record of the grievance outcome will be appended to the student’s Academic Integrity Violation File until the deadline for filing a grievance has passed. If a grievance results in the reversal of a faculty member’s finding of academic violation, the student’s Academic Integrity Violation File will be expunged relative to that specific allegation. If a grievance results only in the modification of academic sanctions, the Academic Integrity Violation File will remain intact and a copy of the grievance outcome will be appended.
  5. Upon receipt of the Student Academic Integrity Violation Form by the Office of the Dean of Students, the Student Conduct Officer will create a confidential academic integrity violation file for the student. At this time the Conduct Officer will establish the two week deadline for student response to the charge(s) and sanction and will mail to the student by certified mail a copy of the Form with deadline. Any written statements submitted by the complaining faculty member or student as clarification of their positions regarding the violation will be placed in this file for possible review by parties to the Student Academic Grievance process or a Student Conduct Committee hearing. The files also serve to track repeat offenders. The contents of the Academic Integrity Violation Files will be destroyed four years after graduation or after four consecutive years of nonattendance. Any files resulting from a Student Conduct procedure will be retained in accordance with the system and campus Student Conduct procedures.
  6. All cases involving a repeat violation or any deemed sufficiently serious will result in a hearing before the Student Conduct Committee. A "repeat violation" occurs when two or more Academic Integrity Violation Records exist for the same student. "Sufficiently serious" will be determined by the Conduct Officer in consultation with the Chair of the Student Conduct Committee.
    1. The Student Conduct Officer will inform the Chair of the Student Conduct Committee and discuss with the student the process and his/her rights.
    2. If a preliminary investigation warrants, such students will receive a letter from the Chair of the Student Conduct Committee detailing the charges; the date, place and time of the hearing before a Student Conduct Committee; and the composition of the hearing committee. The hearing will follow the UMS Student Conduct Code guidelines found at http://www.uma.edu/studenthandbookpol-s.html#conduct and any related campus procedures. Students contesting allegations may submit written statements to the Student Conduct Officer clarifying their position at any time prior to their scheduled hearing. While allegations of academic misconduct are under consideration by the Student Conduct Committee, students will retain all rights and privileges of an enrolled student, including within the course where the violation is alleged to have occurred, unless interim suspension is otherwise necessary.
    3. Students found in violation of the Conduct Code who wish to dispute the Student Conduct Committee's finding and/or imposed sanctions may request a review by the Provost who will be the President's designee on such matters. Requests for review, in writing and marked confidential, must be sent to the Provost within seven calendar days of the Student Conduct Committee's finding. The Provost's decision will be communicated in writing to the student, the Student Conduct Officer, and the members of the Student Conduct Committee. The option of further review will be governed by the UMS Student Conduct Code, V.E.1.

This code was inspired by similar examples at other institutions of higher learning, including the University of Maine at Farmington, University of Maryland, and Vanderbilt, Yeshiva, Wright State, Shippensburg, and George Washington Universities.

STUDENT ACTIVITY MEDICAL AND INSURANCE POLICY

It shall be the purpose of the director of student life to promote healthful living and provide opportunities for the pursuit of good health through participation in recreational and athletic activities. Preventive medicine should be foremost in the minds of those leaders working with the University of Maine at Augusta student. Therefore, the director of student life and athletics, coaches, advisors, and other staff members must consider what is best for the individual's health in determining whether to require no physical examination, injury profile screen, or a thorough physical examination by a physician.

Recreational activities shall be those activities which involve only the University of Maine at Augusta students, faculty, administration and staff. Activities of this nature are voluntary and therefore the student accepts the responsibility for his/her own physical well being. Students may be required to fill out a risk and release waiver in order to participate in on-campus activities and off-campus trips.

Considerations for all athletic events should be: proper conditioning and training; proper diet and nutrition; proper protective equipment; proper facilities for practice, and competition. There will be access to an athletic trainer at all athletic competitions. Medical insurance is required for all athletes.

STUDENT COMPUTER USE POLICY

The student computer labs at the University of Maine at Augusta (UMA) are funded entirely from student-paid technology fees. Because the Department of Computer Services and UMA have a responsibility to ensure computer resources are available for currently enrolled, fee-paying students, this policy must be adhered to. The computer labs are resources for University students and not public facilities, therefore they should be used for academic purposes only.

Standards of Behavior
It is expected that all computer lab users will adhere to University behavior standards and norms of common courtesy as stated in the student handbook.
Food and drink are NOT allowed in the computer labs. Please cooperate by leaving food and drinks either at the front of the lab or inside a bag. Lab assistants have been instructed to ask students to remove all food and drink from the lab.

Violation of any of the UMA student computing policies may result in suspension of account. The userid, equipment, and facilities are intended for academic use only. Use is a privilege, not a right.

Students are expected to exercise responsible, legal, and ethical behavior and to act with discretion when using the userid, equipment, and/or facilities. Interfering with other userids, equipment, and/or facilities can result in loss of privileges. Students are expected to cooperate with legitimate requests from UMA staff, and to treat other lab users with dignity and respect.

University network and bandwidth resources are limited to academic uses only. Playing of games is prohibited. Use of earphones is allowed for sound only. Earphones with mouthpieces are prohibited.

Students are expected to be considerate of other students, and to respect the privacy and confidentiality rights of others. Labs are available for academic uses and students should conduct themselves properly. No talking is allowed. Cell phone/pager use is strictly prohibited.
Unacceptable uses of behaviors include, but are not limited to:

  • intentionally and unnecessarily exposing others to material they may find personally unsuitable
  • using a UMA computer for any purpose other than academic
  • violating the privacy of others
  • harassing other computer lab users or UMA staff
  • accessing or using files, data, or passwords of others
  • violating or attempting to violate software license agreements
  • violating or attempting to violate system security
  • damaging or attempting to alter lab equipment
  • disrupting or monitoring electronic communications
  • copying copyright protected material without authorization

Laser Printing
Printers and other specialized equipment are expensive, and are available as a service. Abuse will not be tolerated. Please be aware that Pay-for page Print began on February 20, 2007. Students must have a UMA Student ID card with money on their ID account permitting debit purchases in order to print in any computer lab, computer-equipped classroom, or library. Get your UMA ID card early and avoid the rush. Black and white printing will cost 4 cents per page. For more information regarding UMA ID cards, log onto http://www.uma.edu/aboutumacard.html. Please see a lab assistant if you need assistance.

User Accounts
Report any unauthorized use of your account to the computer services staff. The user account assigned to you is for your use only. Only registered students of the University of Maine System are allowed to use student computers. Any wrongful activity originating from your account will result in you being held accountable. Do not share your id or password.

Software Copying
The University of Maine at Augusta does not condone and specifically forbids the unauthorized duplication of software. Students are not permitted to install it on home or any other computers. Accessing or copying files, including printed copy belonging to someone else, is prohibited without permission from the owner. Altering another user’s files or system files without permission, is vandalism and is destruction of University property. System and application files are copyrighted and licensed software. Copyrighted materials may not be duplicated without prior permission.

Internet Access
UMA does not block, monitor, or limit access to any Web sites based on their content. UMA disclaims any warranty for any information found on the Internet as to its accuracy, authority, timeliness, or usefulness. UMA also disclaims any control over, or knowledge about changes in content to the sources for which it has established links, or for the content of sources accessed through secondary links. Students are expected to be responsible adults while browsing the Web. Inappropriate behavior that interferes with another student's work will not be tolerated.

Security Flaws
Report security flaws. All multi-user systems have security flaws. The acceptable, ethical course of action when you discover a security flaw is to report it to the computer services staff. If you wish to help the computer services staff track down the flaw(s), contact them and volunteer your services.

Results of Unacceptable Behavior
Unacceptable behavior has an adverse effect on the work of others, on the ability of UMA staff to provide good service, and on information resources themselves. It is expected that users of all labs at UMA will be responsive to others' complaints and receptive to UMA staff reasonable requests for changes in behavior or action. Computer services staff will attempt to resolve differences and problems among lab users by asking for the cooperation of those involved, and for compliance with UMA policies. Computer Services staff will pursue misconduct that cannot be resolved informally with the general means it has available within the University and with law enforcement, as appropriate.

Copyright Infringement
Downloading music or movies on your laptop could result in fines up to $150,000. The Recording Industry Association of America monitors all college campuses. When complaints from the RIAA are received, wireless access is taken away until Computer Services can verify the alleged material has been removed. See the downloading web page for an explanation of why this activity is illegal.

STUDENT CONDUCT CODE

Copies of the University of Maine System Conduct Code are available at Augusta's Office of the Dean of Students. All students should become familiar with the Student Conduct Code. Questions should be directed to the dean of students in Augusta.

Policy Statement

It is the purpose of the University of Maine System Student Conduct Code to promote the pursuit of activities that contribute to the intellectual, ethical, and physical development of the individuals under the auspices of the University of Maine System (hereinafter referred to as "University") and the individual campuses.  It is also the purpose of this Code to ensure the safety of persons engaging in those pursuits; to protect the free and peaceful expression of ideas; and to assure the integrity of various academic processes.

It is expected that students will conduct their affairs with proper regard for the rights of others and of the University. All members of the University community share a responsibility for maintaining an environment where actions are guided by mutual respect, integrity, and reason.

All members of the University are governed by University policies, local ordinances, and state and federal laws. For specific governing documents, students and/or campus organizations may refer to the University Policies and Procedures manual; campus student handbooks; campus residence hall agreement and manual; and related notices and publications. Individuals in violation of state and federal law are subject to prosecution by appropriate state and federal authorities regardless of whether the activity occurs on or off the campus. In addition, the student may be subject to disciplinary action by the University pursuant to this Code. The severity of the imposed sanctions will be appropriate to the violation and circumstances of the situation.

In seeking to encourage responsible attitudes, the University places much reliance upon personal example, counseling and admonition. In certain circumstances where these preferred means fail, it must rely upon the rules and procedures described in this Code. IN THE ENFORCEMENT OF THIS CODE, THE UNIVERSITY FUNCTIONS IN AN ADMINISTRATIVE MANNER. THE UNIVERSITY'S ADMINISTRATIVE PROCESS AFFORDS FUNDAMENTAL FAIRNESS, BUT DOES NOT FOLLOW THE TRADITIONAL COMMON LAW ADVERSARIAL METHOD OF A COURT OF LAW.

 

I. Jurisdiction

  1. The University of Maine System Student Conduct Code (hereinafter referred to as "Code") shall apply to the following:
    1. Any person(s) registered or enrolled in any course or program offered by the University or any person accepted to the University. A person is deemed to be enrolled in any such course or program until such time as he or she has officially graduated from the University or has been suspended or dismissed or has not been enrolled in any course or program within the University for one calendar year. Students taking distance courses provided by or presented at a University shall be deemed enrolled for the purposes of this code.
    2. Any recognized student organization or any group of students not currently recognized but under probation or suspension.
  2. The Code may be applied only in cases of conduct:
    1. occurring on any campus of the University, on any other University real property, or on University-related real property, or
    2. involving University personal property or University-related personal property, or
    3. at activities pursued under the auspices of the University, or
    4. in which the University can demonstrate a clear and distinct interest as an academic institution regardless of where the conduct occurs and which seriously threatens (a) any educational process or legitimate function of the University or (b) the health or safety of any individual.

 

II. Definitions

1.  Activities pursued under the auspices of the University:  Any activities specifically sponsored or participated in by the campus or by any campus organization.   Such activities do not include informal off-campus gatherings of students.  However, this definition shall not be construed so as to limit the University’s  jurisdiction under I(B) (4).

2.  Advisor: A person who advises or supports any party involved in the Code violation investigation and adjudication process.  Examples of advisors include, but are not limited to, family members, friends, University staff or faculty, and legal counsel.

3. Complainant: Any person or student organization who submits a charge alleging that a student violated the Code.  When a person alleges s/he has been harmed by a student’s misconduct, the person who alleges s/he has been harmed will also be considered to be a Complainant, even if another person submitted the charge itself. In cases of gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, however, the word “Complainant” shall refer only to the person who alleges s/he has been harmed by the Respondent’s misconduct.

4. Conduct Officer: Person(s) or designee(s) responsible for adjudicating alleged violations of the Code, herein referred to as "Officer".

5. ConsentAgreement to engage in sexual contact.  Consent must be informed, freely and actively given, and consist of a mutually agreeable and understandable exchange of words or actions.  Consent is clear, knowing and voluntary.  Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and conditions of) sexual activity.  Any consent that is given is invalid or moot when the exchange involves unwanted physical force, coercion, intimidation, and/or threats.  If an individual is mentally or physically incapacitated or impaired such that one cannot understand the fact, nature or extent of the sexual situation, and the incapacitation or impairment is known or should be known to a reasonable person, there is no consent.  This includes conditions resulting from alcohol or drug consumption, or being asleep or unconscious.

6.  Dating ViolenceViolence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  Whether or not a dating relationship exists is determined based on the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

7.  Domestic ViolenceIntentionally, knowingly or recklessly causing bodily injury or offensive physical contact to a family or household member (as defined below).

8.  Employee of the University: Employees, including faculty, staff, students, board of trustees, volunteers, and agents of the University, herein referred to as "Employee".

9.  Family or Household MembersSpouses or domestic partners, or former spouses or former domestic partners, individuals presently or formerly living together as spouses, natural parents of the same child, adult household members related by consanguinity or affinity or minor children of a household member when the Respondent is an adult household member, individuals presently or formerly living together, and individuals who are or were sexual partners.

10.Gender Identity or Expression: Actual or perceived gender or gender-related characteristics.

11. Preponderance of the EvidenceThe standard of evidence used to determine whether a violation of the Code has been committed.  Under the preponderance of the evidence standard, a violation will be determined to have occurred if, based upon the evidence presented, University authorities conclude that it is more likely than not that the violation was committed.

12. Respondent: A student or organization that has been charged with allegedly violating provisions of the Code.

13. Sexual AssaultSubjecting another person to sexual contact to which that person has not consented (as that term is defined above), to which that person has only consented due to compulsion, or to which that person cannot legally consent due to age or physical or mental incapacity.

14. Sexual HarassmentUnwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment  when: submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; or such conduct interferes with an individual’s academic or work performance or creates an intimidating, hostile, or offensive employment, educational, or living environment.

15. Sexual OrientationA person’s actual or perceived sexuality.

16. StalkingIntentionally or knowingly engaging in a course of conduct directed at or concerning a specific person that would cause a reasonable person to suffer serious inconvenience or emotional distress, to fear bodily injury or to fear bodily injury to a close relation, to fear death or to fear the death of a close relation, to fear damage or destruction to or tampering with property, or to fear injury to or the death of an animal owned by or in the possession and control of that specific person.

17. Student Conduct Code: This entire document.

18. Student Conduct Code CommitteeCommittee or designee(s) responsible for deciding original cases referred directly by the Officer and/or reviewing the decisions made by the Officer, herein referred to as "Committee".

19. Student Hearing PanelAn all-student panel that may hear certain minor violations of the Conduct Code rather than the Conduct Officer, at the discretion of each University institution.

20. University Personal Property: All property, other than real property, and any interests therein owned or held by the University in any manner, including, but not limited to, rented, licensed, chartered, or otherwise engaged.  The University’s computer network and all its component parts, which are not real property, shall be considered University personal property for the purposes of this Code.

21. University Real Property: Land, buildings, fixtures, improvements, and any interests therein, owned or held by the University in any manner, including but not limited to, owned, rented, licensed, chartered, or otherwise engaged.

22. University-Related Personal Property: All  property, other than real property, and any interests therein held by University employees and/or campus organizations as a direct result of and in connection with their service to the University. University- related personal property shall also include any document or record issued or purporting to be issued by the University.

23. University-Related Real Property: Land, buildings, fixtures, improvements, and any interests therein, held by University employees and/or campus organizations as a direct result of and in connection with their service to the University.

24. Violent CrimeArson, assault offenses,  burglary, manslaughter, murder, destruction/damage/vandalism of property, kidnapping/abduction and robbery.

 

 III. Violations
Violations are those activities which directly and significantly interfere with the University’s (1) primary educational responsibility of ensuring the opportunity of all members of the community to attain their educational objectives, or (2) subsidiary responsibilities of protecting the health and safety of persons in the campus community, maintaining and protecting property, keeping records, providing living accommodations and other services, and sponsoring non-classroom activities such as lectures, concerts, athletic events, and social functions.

Upon satisfactory proof that a student organization has violated a University policy or procedure the organization may be subject to disciplinary action.
The violations listed below are considered in the context of the student's responsibility as a member of the academic community; other actions which may be considered as violations may be defined by other documents, such as, for example, residence hall contracts. Disciplinary action taken under this Code is independent of the awarding of grades (an academic matter), and provisions of this Code cannot be used for changing awarded grades.

The residence hall contract between the student and the University may specify certain other conditions, which impose additional responsibilities and obligations on the residence hall student. The following violations indicate categories of conduct or activity which will violate the Code.

Those listed have been delineated in such a way as to give reasonable warning to students that such conduct or attempted conduct is forbidden. These definitions of violations should not be rigidly construed.

 

Academic Misconduct:

1. Cheating:  The act or attempted act of deception by which a student seeks to misrepresent that he/she has mastered information on an academic exercise that he/she has not mastered.

2. Fabrication:  The use of invented information or the falsification of research or other findings in an academic exercise.

3. Plagiarism:  The submission of another's work as one's own, without adequate attribution.

 

Disruption of University Operations:

4. Causing a Disturbance:  Disturbance resulting in substantial disruption of authorized activities.

5.  Failure to Comply with Sanction:  Failure to comply with or attempts to circumvent a sanction(s) imposed by the Student Hearing Panel, Officer, Committee, President or designee.

6.  Failure to Identify:  Failing to properly identify one’s self to an employee of the University in pursuit of his/her official duties.

7.  Interference with Code Enforcement: Interference with a complainant, witness, investigation or the carrying out of procedures defined in this Code.

8.  Interference with or Failure to Comply with a University Official:  Direct interference with or failure to comply with an employee of the University in the performance of his/her official duties.

9.  Supplying False Information:  Knowingly supplying false information to employees in pursuit of their official duties or to a Committee in the course of a disciplinary proceeding, or knowingly causing false information to be thus supplied.

10. Unauthorized Representation:  Unauthorized representation of the University or an employee of the University.

11. Violation of Residence Hall Policies:  Violation of residence hall contracts, except when the residence hall contract specifically provides for an alternate procedure or remedy for the violation concerned.

12. Violation of Student Activity Regulations: Violation of a campus-specific or system-wide regulation, policy, standard of conduct, or code of ethics applicable to the activity in which the student is engaged, and which has been adopted, published or otherwise made known to students participating in such activity.

 

Health & Safety Violations:

13. Creating a Dangerous Condition:  Creation of a fire hazard or other dangerous condition.

14. Endangering Health or Safety:  Conduct which threatens or endangers the health or safety of any individual.

15. False Reporting of Dangerous Conditions: Giving or causing to be given false reports of fire or other dangerous conditions.

16. Illegal Possession, Use, or Sale of Drugs:  Possession, use, or sale of illegal drugs or drug paraphernalia or the misuse of legal prescription drugs.

17. Interference with Safety Equipment or Alarms: Tampering with, disabling, or causing malfunction of fire and safety equipment or alarm systems.

18. Possession or Misuse of Weapons:  Violation of regulations concerning possession or misuse of firearms or other dangerous weapons, as defined by policies established for each campus.

19. Restricting Traffic Flow:  Restriction of normal traffic flow into or out of University facilities.

20. Use or Possession of Chemicals or Explosives: Unauthorized use or possession of explosive components, chemicals, etc., such as fireworks, explosives, gas or compressed air.

21. Violation of Alcohol Policies:  Violations of University or State alcoholic beverage regulations or laws.

22. Violation of Health or Safety Policies: Violation of University health or safety regulations.

 

Offenses Involving Other People:

23. Causing Fear of Physical Harm:  Intentionally or recklessly placing a person or persons in reasonable fear of imminent physical harm.

24. Dating Violence:  Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  Whether or not a dating relationship exists is determined based on the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

25. Domestic Violence:  Intentionally, knowingly or recklessly causing bodily injury or offensive physical contact to a family or household member.

26. Gender/sex discrimination:  Discriminating against an individual on the basis of that individual’s gender, including, but not limited to, sexual harassment, sexual assault, domestic violence, dating violence, or stalking.

27. Harassment or Intimidation:  Unwelcome behavior that creates a hostile or intimidating working, educational, or living environment or behavior that unreasonably interferes with an individual’s academic or job performance and opportunities.

28. Hazing:  Any action taken or situation created by a person or an organization, or with the knowledge or consent of an organization, which recklessly or intentionally endangers the mental or physical health of a student.

29. Interference with Residential Life:  Significant interference with the normal residential life of others.

30. Invasion of privacy:  The violation of another individual’s reasonable expectation of privacy where the circumstances justify that expectation, including, but not limited to, physically trespassing in a private area with the intent of observing or eavesdropping, using an electronic device to intercept, record, amplify or broadcast a private conversation or private events, or engaging in surveillance, photographing, broadcasting, image-capturing or recording of private conversations or private events.  The fact that the Respondent was a party to the conversation or event is not determinative of another individual’s reasonable expectation of privacy.

31. Lewd or indecent behavior:  Exhibition of the genitals, anus or pubic area of a person other than for legitimate academic purposes.

32. Physical assault:  Intentionally, knowingly or recklessly causing bodily injury or offensive physical contact to another person.

33. Retaliation:  Taking retaliatory action against an individual for notifying campus authorities of a violation of the code, and/or filing or participating in a complaint under the Code.

34. Sexual Assault:  Subjecting another person to sexual contact to which that person has not consented (as that term is defined above), to which that person has only consented due to compulsion, or to which that person cannot legally consent due to age or physical or mental incapacity.

35. Sexual Harassment:  Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:  submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; or such conduct interferes with an individual’s academic or work performance or creates an intimidating, hostile, or offensive employment, educational, or living environment.

36. Sexual Misconduct:  Includes, but not limited to, prostituting another student, nonconsensual image capturing of sexual activity, presentation or unauthorized viewing of a nonconsensual videotaping of sexual activity, letting others watch you have sex without the knowledge or consent of your sexual partner, possession of child pornography, peeping tommery, incest, and/or knowingly transmitting an STD or HIV to another person.

37. Stalking:  Intentionally or knowingly engaging in a course of conduct directed at or concerning a specific person that would cause a reasonable person to suffer serious inconvenience or emotional distress, to fear bodily injury or to fear bodily injury to a close relation, to fear death or to fear the death of a close relation, to fear damage or destruction to or tampering with property, or to fear injury to or the death of an animal owned by or in the possession and control of that specific person.

38. Discriminatory Harassment:  Harassment or discrimination based on actual or perceived race, color, religion, sexual orientation, gender identity or expression, national origin or citizenship status, age, disability, genetic information or veteran status.

39. Unauthorized Recording of a Conversation: Intercepting, recording or image-capturing a faculty or staff member in a classroom, office or over the telephone without that faculty or staff member’s consent unless it is part of an approved reasonable accommodation.

 

Offenses Involving Property:

40. Defacement, Destruction, or Misuse of University Property:  Intentional or reckless misuse, destruction, or defacement of University property as defined above or of the property of other people.

41. Misuse of University Computers:  Misuse of the University computer network or computers including, but not limited to, theft of computer files or data, e-mail, or other electronically stored information, probing or hacking into other computers or computer systems, spamming, sending out computer viruses, or uploading or downloading copyrighted material for personal use or distribution without authorization.

42. Motor Vehicle Violation:  Violation of motor vehicle policies established for each campus.

43. Tampering, Destruction, or Falsification of Records:  Tampering with, destroying or falsifying official records.

44. Theft or Unauthorized Use:  Theft, attempted theft, or unauthorized acquisition, removal, or use of property.

45. Trespassing:  Trespassing or unauthorized presence on any University held or related property, including residence halls.

 

General Infractions:

46. Aiding Infraction:  Knowingly assisting in the violation of any of the provisions of this Code.

47. Continued Infraction:  Continued infractions of the Code.

48. Conviction of a Crime:  Conviction of any crime that threatens: (a) any educational process or legitimate function of the University, or (b) the health or safety of any member or individual.

49. Other Illegal Activity:  Violating local, state, or federal laws otherwise not covered under this Code.

 

 IV. Sanctions
If a Respondent admits to a violation of this Code to the Officer or the Committee or upon determination by the Officer or Committee that the Respondent has committed a violation of the Code, one or more of the following sanctions may be imposed by the campus where the Respondent is currently enrolled or attending, in accordance with the provisions of this Code (see Section V.):

A.  Assigned Educational Projects:  This may include research projects, reflective essays, counseling assessments, sanction seminars or other related assignments intended to promote learning.

B. Community Service:   The type of service may be related to the nature of the violation.

C. Deferred Sanction:  A specific period of time during which a Respondent’s continued enrollment or housing contract at the University is clearly in jeopardy. Any further violation of the Code during that time will minimally result in the imposition of the deferred sanction and any additional sanctions deemed necessary.

D. Disciplinary Dismissal:  Permanent separation (subject to the right of review after five years) from the University.

E. Disciplinary Probation:  A period of time when a Respondent is under closer scrutiny of the University. It may include the loss of one or more privileges.

F. Disciplinary Suspension:  Separation from the University for a stated period of time and/or until a stated condition(s) is met.

G. Fine:  Payment of money. Respondents who are unable to pay may discuss alternate payment arrangements.

H. Loss of Contact with a Specific Person(s):  With this sanction, the person may not initiate direct or indirect contact with a specified person(s).

I.  Loss of Visitation Privileges:  This loss of visitation may be to any designated area(s) of campus.

J. Official Warning:  Official acknowledgment of a violation and the expectation that it will not be repeated.

K. Removal from University Housing:  Removal from a particular hall or all housing.

L.  Restitution:  Restitution, up to the replacement value of the items damaged, stolen, removed or used without authority and damage incurred.

M. Such other action as the Committee or Officer may reasonably deem appropriate (e.g., suspension of organization’s official campus recognition or suspension of a student from an extracurricular activity).

 

The institution may impose a harsher sanction on the Respondent when the Officer or Committee determines that the Respondent intentionally selected the person or organization against whom the violation was committed, or selected the property damaged or stolen, because of the race, religion, color, sex, sexual orientation, gender identity or expression, national origin or citizenship status, age, disability, genetic information, or veteran status of that person, the persons in the organization or the owner of the property.

Respondents who are suspended will not be permitted to attend any of the University institutions during the sanction period. After the sanction period has been completed and all requirements of the suspension have been met, the Respondent is eligible for readmission to any University institution. For a Respondent preparing to transfer to a non-University institution, who has been suspended for a violent crime or sexual assault, a letter will be attached to his/her transcript explaining that he/she has been suspended. If the Respondent is transferring to a non-University institution after the sanction has been completed the letter will not be attached to the transcript.

Respondents who are dismissed will not be permitted to attend any of the University institutions. After five (5) years from the date of the dismissal, the Respondent may submit a written request to be readmitted to attend one of the University institutions. For a Respondent preparing to transfer to a non-University institution, who has been dismissed for a violent crime or sexual assault, a letter will be attached to his/her transcript explaining that he/she has been dismissed. After five (5) years from the date of the dismissal, the Respondent may submit a written request to have the letter attached for transfer applications to non-University institutions removed from his/her transcript. Requests for readmission or removal of the letter attached for transfer applications must be submitted to the Officer of the institution from which the Respondent was dismissed. The Officer will convene the institutional committee designated by the President to review such requests pursuant to the campus written procedures.

 

V. Procedures
Each of the University institutions may adopt procedures for carrying out the provisions of this Code within the guidelines set forth by the Code as described below and consistent with the Code. University institutions having a professional code of ethics may adopt additional procedural provisions to be applicable to their own students. When a Respondent is alleged to have violated this Code on a System campus other than that in which he/she is enrolled, the case will be referred to the Respondent’s home institution for disposition. Each campus President shall designate a campus official(s) to perform the functions of the Officer(s) and shall establish a Committee. The Officer shall not be a member of the Committee.

ADMINISTRATION AND INTERPRETATION OF THE STUDENT CONDUCT CODE SHALL BE SOLELY WITHIN THE JURISDICTION OF THE STUDENT HEARING PANEL, THE OFFICER, THE COMMITTEE AND THE PRESIDENT OR HIS/HER DESIGNEE ON EACH CAMPUS, SUCH INTERPRETATION BEING PURSUANT TO THE PROCEDURES OF THIS CODE.

A.  Responsibilities of Officer

1. The Officer may initiate and supervise investigations of possible violations of this Code which are brought to his/her attention by employees, students, or members of the general public. The Officer may conduct an investigation to determine if the charges have merit and/or if they can be disposed of informally by mutual consent of the parties involved on a basis acceptable to the Officer.  The Complainant shall have the right to end the informal process at any time and begin the formal complaint process. In cases of sexual assault, informal resolution will not be used even on a voluntary basis.

2.  Upon concluding the investigation, the Officer shall notify the Respondent (and the Complainant, if the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking) in writing of the Officer’s decision on whether charges will be filed.

3.  If charges are being filed the Officer shall notify the Respondent (and the Complainant, if the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking) in writing of the charge(s), the complaint(s), the date(s) of alleged occurrence(s), the Code section(s) which is (are) alleged to have been violated, the maximum possible sanction which may be imposed, date of hearing, and the Respondent's (and, if the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, the Complainant’s) rights of review.

a. This notice shall indicate if the hearing is to be before the Officer or Committee.

b. This notice may be hand delivered, mailed to the Respondent’s last known address, or delivered through the use of the Respondent’s University e-mail account.  If the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, the Complainant shall receive a simultaneous notification.  If the hearing is to be before the Committee, this notice will afford the Respondent (and the Complainant, if the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking) the opportunity to meet with the Officer prior to the hearing of the alleged violation(s).

4.  If no charges are being brought the Officer shall notify the Respondent in writing that no charges are being brought by the Officer.  If the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, the Complainant shall receive a simultaneous notification of the Officer’s decision not to bring charges and both the Respondent and Complainant shall be notified of the Complainant’s right of review.

5.  If the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, the Officer shall have had annual training on the issues related to gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, and stalking and how to conduct an investigation and hearing process that protects the safety of individuals involved and promotes accountability.

B. Administrative Hearing Before Officer

1.  If the Respondent or any other party is not present at the time appointed for the hearing, the Officer shall first attempt to determine the reason for that person's absence. The Officer may proceed in a normal manner without Respondent’s attendance or any other party’s attendance, may hear only a portion of the testimony and adjourn to a later date, or may continue the entire hearing to a later date. The Officer may not consider the absence of Respondent or any other party as relevant to whether the Respondent committed the alleged violation of the Code.

2.  During the meeting or hearing with the Respondent (which, if the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, shall include the Complainant) no party present shall be accompanied by legal counsel, except when the Respondent also faces criminal charges for the same incident.  If the Respondent faces criminal charges for the incident, both the Respondent and the Complainant shall be permitted to bring legal counsel to the hearing if they so choose.  All parties may be accompanied by an advisor or support person, such as a parent(s), legal guardian(s), advocate, or member of the University community.

3.  During the hearing, the Officer may hear and consider as evidence any relevant information. Efforts will be made to obtain the most reliable information available. The Officer may not consider:

a. Information obtained directly or indirectly through a search of a Respondent’s person, effects, or room without his/her consent, unless obtained pursuant to a warrant or other legal search. Nothing in this section shall be deemed to prohibit routine inspection or maintenance of a Respondent’s room and nothing in this section shall be deemed to prohibit forcible entry of any place or constraint of any person in order to prevent harm or damage to person or property when made with reasonable belief that such damage or harm is occurring, has just occurred, or is about to occur.

b. The Respondent’s refusal to consent to a search or to give information concerning the alleged facts. If the Officer is aware that a criminal prosecution relating to the same violation(s) is being conducted, or such action appears likely to be made, independent of the hearing, the Officer will notify the Respondent in advance of the right to remain silent, and the Officer shall draw no inference from the Respondent’s refusal to give information.

4.  The Officer shall then:

a. Make a determination that the Respondent is In Violation of the Code if convinced by a preponderance of the evidence presented that the Respondent has committed the act(s) as alleged, or Dismiss the case if the Officer determines the respondent is Not In Violation of the Code, or

b. Refer the matter to the Committee if the Officer is in doubt as to whether acts have been committed which constitute a violation of this Code, or

c. Refer the matter to the Committee if the Officer is in doubt of which, if any, sanction ought to be imposed, or

d. Refer the matter to the Committee or other designated hearing Officer if there is a conflict of interest for the Officer, and

e. Inform the Respondent, in writing, of the outcome, of any sanctions imposed, and of his/her right of review.  If the alleged violation is a violent crime, gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking the Complainant shall receive simultaneous written notification of the outcome, of any sanctions that directly relate to the Complainant, and of the Complainant’s right of review if the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking.

5.  If the Officer determines the Respondent is In Violation of the Code, the Officer shall impose appropriate sanctions.  Sanctions shall become operative immediately after written notice thereof has been given to the Respondent.  Sanctions may be stayed in the event the Respondent submits a request for review by the Committee in accordance with this Code.

6.  Notwithstanding the above, a Respondent may be suspended from the University or have privileges revoked pending the outcome of a disciplinary proceeding if, in the judgment of the Officer, the Respondent’s continued presence or use of privileges at the University pending the outcome of the proceeding is likely to pose a substantial threat to the Respondent or to other people and/or is likely to cause significant property damage and/or disruption of or interference with the normal operations of the University. The Officer will make a judgment on interim action based on the review of the alleged conduct.  Ordinarily, the Officer will converse with the Respondent when interim action is considered.  A Respondent sanctioned under this section may seek review of that decision by requesting the President or his/her designee to review the decision within 5 calendar days after the Respondent has received notice of the interim action. The Respondent may request that a formal Committee hearing be held as soon as practicable. If the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, the Officer shall inform the Complainant of any interim action that directly relates to the Complainant.

 

C. Administrative Hearing Before Student Hearing Panel

1.  At the discretion of each University institution, certain minor violations committed by a student may be heard before a panel of the student’s peers rather than before an Officer. The composition of the panel shall have equitable gender representation whenever practicable.

2.  If an institution elects to establish a Student Hearing Panel, that institution shall provide its students with information regarding the types of violations that a Respondent may elect to have heard before the panel.  In no event shall an institution permit a Student Hearing Panel to adjudicate a complaint involving a violent crime, gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, stalking, or any other violation of a private or sensitive nature.

3.  If a Respondent elects to have a complaint heard by the Student Hearing Panel, any such hearing shall be in lieu of a hearing before the Officer and:

a.       The rules and administrative procedures applicable to the Officer, as set forth in Section V(B) above, shall also apply to the Student Hearing Panel; and

b.       The Officer or a designee of the Officer shall attend the hearing to ensure compliance with the administrative procedures set forth in this Code and with any supplemental policies the institution may issue regarding the Student Hearing Panel.

4.  Any appeals from the Student Hearing Panel’s decision shall be handled according to the same procedures applicable to appeals arising from the Officer’s decision, as set forth in Section V(D) below.

 

D. Right of Review Beyond Officer or Student Hearing Panel

1.  The Respondent (or the Complainant, if the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking) may direct a request for review of the Officer or Student Hearing Panel’s findings or actions to the Committee, for any of the following reasons:

     a. Review of the procedures followed.

     b. Review of the appropriateness of the sanction.

     c. Consideration of new information that was not available at the time of the hearing with the Officer or Student Hearing Panel.

     d. Reconsideration of existing information and whether it supports the Officer or Student Hearing Panel’s finding.  (This review may result in a higher sanction, a lower sanction, the same sanction, or no sanction at all being imposed.)

2.  Requests for review shall be in writing and shall state the issue(s) to be reviewed and provide a detailed rationale for the request. This written request for a review shall be submitted to the Officer (regardless of whether the initial hearing occurred before the Officer or before the Student Hearing Panel) and must be received by the Officer within seven calendar days after the Respondent/Complainant has received notice of the findings.  The Officer shall promptly forward the request for review to the Committee.

 

E. Responsibilities of the Committee

1.  After notification from the Officer, the Chair of the Committee shall, as soon as practicable:

a. Notify, in writing, the Officer and the Respondent(and the Complainant, if the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking), of a date, place, and time for hearing with the hearing normally to be held not earlier than five calendar days and not later than 14 calendar days after issuance of notification by the Committee.  Notification will be in the same manner as set forth in Section V.A.(3)(b) above.

b. List in the notice to the Respondent/Complainant the names of the Committee member(s) conducting the review and witnesses being invited by the Officer.

c. Make arrangements for the keeping of a recorded record of the proceedings. In cases of a review, the Respondent charged with the violation, his/her representative and authorized University officials may have access to the record for purpose of review relating to a request for review but no copies shall be made except by the University.  Such record shall be kept by the University campus for at least three years after all review rights have been exhausted at which time such record may be destroyed. Such records of hearings are deemed to be Student Education Records under the Family Educational Rights and Privacy Act of 1974 and may not be disclosed publicly except as provided in such Act. No recording in any form, other than the one made by the Committee, is permitted at the hearing.  If the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, the Complainant may have access to the portions of the recording pertaining to the Complainant.

2.  Composition of Committee

a. The Committee shall consist of at least three, but no more than seven, members, at least one of whom shall be a student and one a Presidential designee. The number of Committee members, the composition of the Committee, and the method of selection shall be determined by each campus in a manner approved by the President or his/her designee. The President or his/her designee shall also appoint the Chair from among the Committee members.  The composition of the committee shall have equitable gender representation whenever practicable.

b.The Respondent charged with the violation, the Officer, and the Complainant shall have the right to challenge for cause any member of the Committee by submitting to a designated official a written memorandum stating the grounds for this challenge at least two days prior to the scheduled meeting. Removal of members for cause shall be within the authority and at the discretion of the Chair of the Committee or another member of the Committee if the Chair is unable to exercise that function or is challenged for cause.

c. If the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, all members of the Committee shall have had annual training on the issues related to gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, and stalking and how to conduct an investigation and hearing process that protects the safety of individuals involved and promotes accountability.

3. Hearing Preliminaries

a. At any proceeding before the Committee,  the Officer, the Respondent, the Complainant or any other party to the hearing may have the assistance of an advisor, which may include legal counsel.

 b. The hearing shall be closed. The Committee Chair may permit, in addition to the party’s advisor, two support people for each the Respondent or Complainant to observe the proceedings. When the hearing is opened to any of the above mentioned people, the Committee Chair reserves the right to close the hearing or any portion thereof in order to protect any party participating.

 c. If the Respondent or any other party is not present at the time appointed for the hearing, the Committee shall first attempt to determine the reason for that person's absence. The Committee may proceed in a normal manner without Respondent’s attendance or any other party’s attendance, may hear only a portion of the testimony and adjourn to a later date, or may continue the entire hearing to a later date. The Committee may not consider the absence of a party as relevant to whether the Respondent committed the alleged violation of the Code.

4. Hearing Procedures

a. Responsibility for recognizing and permitting persons to speak lies exclusively with the Chair.

b. Persons disruptive to any stage of the hearing may be evicted at the reasonable discretion of the Chair.

c. The Officer shall first present the results of the investigation and/or the charges against the Respondent.

d. The Officer and/or the Complainant maypresent oral testimony and/or written statements from any person(s) including the Respondent, and all relevant documents, records and exhibits.

e. The Respondent may then present written documentation or oral testimony from the Respondent him/herself and/or other witnesses, and all relevant documents, records and exhibits. The names of such witnesses and/or copies of written statements must be submitted to the Officer at least one working day prior to the hearing for inclusion in the materials presented to the Committee. At the discretion of the Chair, the Respondent (and the Complainant, if the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking), may submit written documents, oral testimony of witnesses, and all relevant documents, records, and exhibits at the time of the hearing.

f.  At any time during the proceedings, members of the Committee may question witnesses or parties to the proceeding; witnesses or parties may only ask questions of each other at the discretion of and through the Chair. Questioning by any advisor is not permitted. The advisors may not speak at the hearing.

g. After the presentation of all the information to the Committee, the Officer and the Respondent (and the Complainant if the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking) may present arguments to the Committee on the applicability of this Code or the interpretation of any sections herein.

h. At this time, the Officer and the Respondent (and the Complainant if the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking) may make recommendations to the Committee as to the appropriate sanctions should a violation(s) be found to have been committed.

i.  During the hearing the Committee may consider any relevant information, shall not be bound by the strict rules of legal evidence, and may take into account any information which is of value in determining the issues involved. Efforts will be made to obtain the most reliable information available.

j.  After all parties have presented their respective information, the Committee shall go into closed session to determine whether the Respondent has committed the alleged violation and/or, if so, the sanction(s) to be imposed. Deliberations are not recorded. A Committee member should vote that the Respondent is In Violation of the Code only if convinced by a preponderance of the information presented that the Respondent has committed the act(s) as alleged. A simple majority vote of In Violation or Not in Violation of the Code by the Committee members present shall prevail. If the majority of the Committee votes for Not In Violation or there is a tie, the Respondent shall be found Not In Violation and the process shall end.

k. If a Respondent is found to be In Violation of the Code, the Committee will deliberate on sanctions. Deliberations are not recorded. A majority vote of the Committee members voting shall prevail.

l.  After making its decision, the Committee shall inform the Respondent in writing of the disposition of the case as soon as practicable in the same manner as set forth in Section V.A.(3)(b) above. Any disciplinary sanctions imposed by the Committee shall be operative immediately upon notification, unless otherwise specified.

m. The notice to the Respondent of the finding of the Committee shall include:

               i.  The section(s) of this Code found to have been violated;

               ii. The disciplinary sanction imposed or other sanction to be taken; and

               iii. Minority report and recommendations, if any.

n. If the alleged violation is a violent crime, gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, the Committee shall inform the Complainant of the outcome of the proceeding at the same time as notice is provided to the Respondent.  Notification will occur in the same manner as set forth in V.A.(3)(b) above.

o. If the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, in addition to informing the Complainant of the outcome of the proceedings the Committee shall inform the Complainant of any sanctions imposed upon the Respondent that directly relate to the Complainant.  Notification will occur in the same manner as set forth in V.A.(3)(b) above.

 

F. Right of Review Beyond Committee

1.  In the event the Committee approves a sanction of suspension or dismissal, or loss of recognition of campus organizations, the Respondent may request review by the President or his/her designee. If the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, the Complainant or Respondent may direct a request for review of the Committee's decision to the President or his/her designee. Such request for review must be made within seven calendar days of notification of imposition of sanction. The request for review shall be in writing and limited to:

a. Review of the procedures followed. In the event of a significant procedural error, the President or his/her designee shall reverse and remand the case to the Committee for a new hearing as set forth in section V.D. above.

b. Appropriateness of the sanction. The President or his/her designee may impose a more severe sanction in the case of gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking.  The decision of the President or his/her designee shall be final and shall be communicated to the Respondent in the same manner as set forth in Section V.A.(3)(b) above.

c. Consideration of new information that was not available at the time of the hearing with the Committee.

d. If the alleged violation is a violent crime, gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, the President or his/her designee shall inform the Complainant of the outcome of the proceeding at the same time as notice is provided to the Respondent.  Notification will occur in the same manner as set forth in V.A.(3)(b) above.

e. If the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, in addition to informing the Complainant of the outcome of the proceedings the President or his/her designee shall inform the Complainant of any sanctions imposed upon the Respondent that directly relate to the Complainant.  Notification will occur in the same manner as set forth in V.A.(3)(b) above.

f. If the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, the President or his/her designee or any person/group designated to hear a review shall have had annual training on the issues related to gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, and stalking and how to conduct an investigation and hearing process that protects the safety of individuals involved and promotes accountability.

2.  If the Committee decided a case referred directly by the Officer, the President or his/her designee shall designate a new person/group to hear the first review. The respondent may direct a request for review of the Committee’s findings or actions to the person/group designated to hear the first review. If the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, the Complainant may direct a request for review of the Committee’s findings or actions to the person/group designated to hear the first review.  The outcome of this review may result in a higher sanction, a lower sanction, the same sanction, or no sanction at all being imposed. Requests for review will be in accordance with V.C.2 above. For these reviews the responsibilities of the person/group are to review all documents submitted to the Committee, the recording of the Committee hearing, and the Committee’s decision. The decision of the person/group may then be reviewed according to section V.E.1 above.

a. The decision of the person/group designated to hear the first review shall be communicated to the Respondent in the same manner as set forth in Section V.A.(3)(b) above.

b. If the alleged violation is a violent crime, gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, the person/group designated to hear the first review shall inform the Complainant of the outcome of the proceedings in the same manner as set forth in Section V.A.(3)(b) above.

c. If the alleged violation is gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, in addition to informing the Complainant of the outcome of the proceedings the President or his/her designee shall inform the Complainant of any sanctions imposed upon the Respondent that directly relate to the Complainant in the same manner as set forth in Section V.A.(3)(b) above.    

    

G. Specific Procedures with Respect to Sexual Assault, Domestic Violence, Dating Violence, and Stalking

The University prohibits sexual assault, domestic violence, dating violence, and stalking.  In cases of alleged sexual assault, domestic violence, dating violence, or stalking the University will provide a prompt, fair, and impartial investigation and resolution.  This process will be conducted by University officials who receive annual training on the issues related to sexual assault, domestic violence, dating violence, and stalking and how to conduct an investigation and hearing process that protects the safety of individuals involved and promotes accountability.

1.  Reporting a Violation

a. Victims may elect to report an incident to campus authorities, local law enforcement, both, or neither;

b. Should a victim elect to report an incident to local law enforcement, campus authorities are available to assist the victim with this process at the victim’s request.

2. Standard of Evidence

a. Students who believe they have been the victim of an act of sexual assault, domestic violence, dating violence, or stalking should, if possible, attempt to preserve any evidence of the act.  This evidence could prove crucial should the student choose to report a violation of this Code, report a criminal act to local law enforcement, or seek an order of protection from abuse or harassment from the courts.

b. As with other violations of the Code, and in accordance with federal law, in cases of sexual assault, domestic violence, dating violence, or stalking, the standard of evidence used to determine whether a violation occurred shall be a preponderance of the evidence.

c. Under the preponderance of the evidence standard, a violation will be determined to have occurred if, based upon the evidence presented, University authorities conclude that it is more likely than not that the violation was committed.

3.  Sanctions and Protective Measures

a. In addition to the sanctions outlined in Section IV, it is within the University’s power to impose remedial measures to protect the victim.

b. Even if a victim chooses not to pursue disciplinary proceedings under the Code or report the incident to law enforcement s/he should consider talking to University officials about the possibility of remedial measures, as many measures (such as counseling or changing classes) may be possible regardless of whether an investigation is initiated.

c. Examples of possible remedial measures include:

          i. Helping a victim change housing, classes, or transportation in order to avoid contact with his/her alleged perpetrator;

         ii. Prohibiting an alleged perpetrator from having contact with the victim; and

        iii. Helping connect the victim to victim’s services on campus and in the community, including counseling.

d. Additional information on resources for victims, including details about free on-campus counseling services and other resources on campus and in the community, may be found in the University’s policy pamphlet on sexual assault, domestic violence, dating violence, and stalking.

4.  Confidentiality

a. Under federal law, the University is required to report statistics regarding the occurrence of certain crimes in the University community.  When reporting these statistics the University withholds the names of victims as confidential and, to the extent permissible by law, withholds any other information that may serve to identify the victim.

b. If a Complainant requests that his/her name or other identifiable information not be disclosed to the alleged perpetrator, the University’s ability to respond to the incident and pursue disciplinary action against the alleged perpetrator may be limited. Potential Complainants should note that, under Title IX of the Education Amendments of 1972, retaliation against a Complainant is prohibited.  University officials will take steps to prevent retaliation and will take strong responsive action if retaliation does occur.

 

VI. Student Conduct Code Review Board
There shall be established a board, known as the Student Conduct Code Review Board. It shall be composed as follows: 

1. Three persons from each institution of the University: the Officer, the Chair of the Campus Conduct Code Committee, and one student named by the President or his/her designee after seeking nominations from student representatives for this appointment;

2. One student who is a participant in a distance education program shall be appointed by the Vice Chancellor for Academic and Student Affairs or his/her designee; and

3.  One representative each from the Board of Trustees and the Chancellor's Office.

The Chancellor's representative shall be responsible for calling the Review Board into session. This Review Board shall meet at least once every three years, but may meet more often if necessary under the following procedures:

  1. When requested by Officers representing at least two institutions of the University System.
  2. When requested by Student Government Officers representing at least two institutions of the University System.
  3. When requested by the Chancellor of the University System.

The Review Board shall:

  1. Consider all proposed amendments to this Code and act as an advisor to the Board of Trustees in matters pertaining to the Code.
  2. Send its recommendations on proposed amendments of the Code to the Presidents Council and Chancellor for transmission to the Board of Trustees.
  3. Review the relationship between violations and sanctions in order to encourage consistency throughout the University System.

 

VII. Amending the Student Conduct Code
The Board of Trustees shall act upon proposed amendments to the Code after receiving recommendations of the Review Board, the Presidents' Council of the University System, and the Chancellor. As provisions of this Code are subject to periodic review and change, the most recent and current copy of this Code may be obtained through the Student Affairs Office and/or the Office of the President on each campus.

Revised by the Conduct Code Review Board and accepted by the Board of Trustees, November 18, 2013

 

STUDENT CONDUCT PROCEDURES

INTRODUCTION
Per the University of Maine System (UMS) Student Conduct Code (V.) “Each of the University of Maine System campuses may adopt procedures for carrying out the provisions of this Code within the guidelines set forth by the Conduct Code as described below and consistent with said Code.” As permitted, the following articulates the con-duct procedures that apply to students of the University of Maine at Augusta (UMA) and students who attend at University College locations assigned to UMA’s student conduct jurisdiction. These procedures must be used in con-junction with the UMS Student Conduct Code for complete guidance on UMA student conduct matters.

All members of the UMA community have access to the current UMS Student Conduct Code and UMA Student Academic Integrity Code through the online UMA Student Handbook. Minor or non-recurring student conduct issues present an opportunity to educate the offending party as to the rules, regulations and expectations appropriate to an educational community and may not rise to the level of a violation. If a University employee, student, or campus visitor confronted with such a situation is not comfortable in this role, s/he refers it to an appropriate University employee for intervention. Such an interaction is informal, educational, and not punitive.

The following procedures, consistent with UMA’s educational mission, seek to protect the rights of all UMA community members and to create an environment conducive to learning and teaching.

1 STUDENT CONDUCT OFFICER:

1.1 The President, upon the recommendation of the Executive Vice President & Provost, appoints the UMA Student Conduct Officer.
1.2 Recognizing that there will be times when the Officer is unable to perform the functions of that position, the President, upon the recommendation of the Conduct Officer and the Executive Vice President & Provost, may appoint one or more Alternate Conduct Officer(s).

2 UMA STUDENT CONDUCT COMMITTEE(S):

2.1 In view of the substantial distance between the Bangor and Augusta campuses, the mandate for students to have reasonable access to conduct procedures and the FERPA requirements for privacy, UMA establishes separate Conduct Committees on each campus.
2.2 All Hearings before a UMA Committee are chaired by a faculty member.
2.3 The Conduct Officer solicits nominations for Committee membership from the governance units and, in turn, forwards the slate of nominees to the Executive Vice President & Provost for review and endorsement.

  • 2.3.1 The Executive Vice President & Provost, in turn, forwards the slate of nominees to the President for his/her approval.
  • 2.3.2 The President appoints all Committee members.
  • 2.3.3 Nominations by constituent groups for appointment to the Conduct Committees for the following calendar year are normally solicited prior to December 1.
  • 2.3.4 All appointments are renewable.

2.4 The President of the Faculty Senate nominates the Co-Chair(s) (two [2] each from the Bangor and Augusta campuses).

  • 2.4.1 The President of UMA appoints the Co-Chairs for three (3) year terms (January through December). To ensure the availability of an experienced officer each year, the initial appointments are staggered.
  • 2.4.2 Normally, the faculty Co-Chairs on each campus alternate responsibility for chairing Hearings.

2.5 In addition, the President of the Faculty Senate nominates six (6) additional faculty (three [3] from each campus representing the three [3] colleges) to serve.

  • 2.5.1 Appointments are for two (2) years (January through December), with initial appointments staggered to ensure the availability of experienced committee members.
  • 2.5.2 Thereafter, the President of the Faculty Senate will nominate to fill only the vacant position(s).

2.6 The Presidents of the Augusta and Bangor Student Government Associations (SGA) nominate up to six (6) students for membership on their respective campus Committees. The President of the Distance Education (DE) SGA nominates from his/her constituency one (1) additional member for each campus Committee. If the DE SGA President is unable to fulfill this obligation, the Center Directors will nominate these positions.

  • 2.6.1 All student appointments are for one (1) year terms (January through December).
  • 2.6.2 The student nominees should reflect a balance between SGA members and non-members.
  • 2.6.3 To be eligible for Committee membership a student must remain registered for at least three (3) UMA credits in each regular semester during the period of appointment AND meet UMA standards for good standing and committee service.
    • 2.6.3.1 To be in good standing a student must comply with UMA’s Academic Action Scale AND Financial Aid’s Satisfactory Academic Progress Scale.
    • 2.6.3.2 Under UMA policy, to be eligible to serve on an administrative (non-SGA) UMA committee a student must have a GPA of 2.00 or higher AND complete at least 80% of all courses attempted.
  • 2.6.4 Regular UMA employees who are also students may not serve as student members.
  • 2.6.5 A student may serve on a Conduct Committee during summer if s/he is registered for at least three (3) UMA credits during the summer session OR is registered for at least three (3) UMA credits for the upcoming fall semester.
  • 2.6.6 A student who is a degree candidate at another institution of higher education is not eligible to serve on a UMA Student Conduct Committee.

2.7 The Chairs of the Professional Employees Assembly (PEA) and the Classified Employees Assembly (CEA) nominate two (2) Committee members each to serve on each of the two (2) campus Conduct Committees, for a total of four (4) nominees from each organization.

  • 2.7.1 Appointments are for two (2) years (January through December), with initial appointments staggered to ensure the availability of experienced committee members.
  • 2.7.2 Thereafter, the Chairs of each organization will nominate to fill only the vacant position(s).

3 COMPOSITION OF AN IMPANELED STUDENT CONDUCT COMMITTEE (ISCC):

(Note: An “impaneled” Student Conduct Committee is a subgroup of the larger Student Student Conduct Committee that is called into service by the Chair to hear a particular case involving a potential violation of the UMS Student Conduct Code that does not fall under UMA’s Academic Integrity Code.)
3.1 Every UMA ISCC must have at least five (5) and no more than seven (7) members.

  • 3.1.1 At least one-half (1/2) of each ISCC is students.
  • 3.1.2 A Faculty Chair and representative(s) of the PEA and/or CEA normally constitute the balance of the ISCC. (Note: An ISCC of five (5) consists of three (3) students, a Faculty Chair and one (1) staff member representing either the PEA or CEA.)
  • 3.1.3 The Faculty Chair makes every effort to assemble an ISCC of at least six (6) to ensure re-presentation of all campus constituencies.

3.2 An ISCC elects a Vice Chair prior to the commencement of a Hearing.

  • 3.2.1 The Vice Chair is normally a student.
  • 3.2.2 The duration of the term of the Vice Chair is the duration of the Hearing.
  • 3.2.3 If the Chair is challenged for cause, the Vice Chair rules on the petition. If the petition is accepted, the alternate faculty Co-Chair presides over the Hearing.
  • 3.2.4 All members of an ISCC must avoid both the appearance and reality of any conflict of interest. Any member who has a potential conflict of interest or feels that s/he is unable to render an unbiased decision in the case must refuse the assignment to an ISCC.

4 COMPOSITION OF AN IMPANELED ACADEMIC INTEGRITY BOARD (IAIB):

(Note: An “impaneled” Academic Integrity Board is a subgroup of the larger Student Conduct Committee that is called into service by the Chair to hear a particular case involving a potential violation of UMA’s Academic Integrity Code.)
4.1 Every UMA IAIB must have at least three (3) and no more than five (5) members.

  • 4.1.1 At least one-half (1/2) of each IAIB is faculty.
  • 4.1.2 At least one student must sit on each IAIB.
  • 4.1.3 The balance of the IAIB may include a representative of the PEA and/or CEA. (Note: An IAIB of three [3] consists of two [2] faculty, including the Faculty Chair, and one [1] student. A CEA and/or PEA representative may sit on an IAIB of four [4]) or five [5]).
  • 4.1.4 The Faculty Chair makes every effort to assemble an IAIB of at least five (5) to ensure the broadest campus representation.

4.2 An IAIB elects a Vice Chair prior to the commencement of a Hearing.

  • 4.2.1 The Vice Chair is normally a faculty member.
  • 4.2.2 The duration of the term of the Vice Chair is the duration of the Hearing.
  • 4.2.3 If the Chair is challenged for cause, the Vice Chair rules on the petition. If the petition is accepted, the alternate faculty Co-Chair presides over the Hearing.
  • 4.2.4 All members of an IAIB must avoid both the appearance and reality of any conflict of interest. Any member who has a potential conflict of interest or feels that s/he is unable to render an unbiased decision in the case must refuse the assignment to an IAIB.

5 TRAINING FOR THE COMMITTEE:

5.1 The Officer, in conjunction with the Conduct Committee Co-Chair(s), delivers a training program for Committee members.

  • 5.1.1 The training thoroughly acquaints members with the provisions of the UMS Student Conduct Code, the UMA Student Conduct Procedure, and the UMA Academic Integrity Code and encourages the development of skills consistent with responsible participation.
  • 5.1.2 Training is normally conducted in the fall semester, prior to the assumption of duties, or in the spring semester, within one month of the start of classes.
  • 5.1.3 All new members must participate in training as a condition of service on an ISCC or IAIB and continued appointment.

6 PROCEDURES IN THE EVENT OF A STUDENT CONDUCT ISSUE:

6.1 NON-ACADEMIC VIOLATIONS:

  • 6.1.1 When unsure if a behavior may be in violation of the UMS Student Conduct Code, a Complainant (or reporting party) consults with the Conduct Officer for clarification.
  • 6.1.2 When the alleged misconduct is viewed as serious in nature or persistent, the following guidelines apply:
    • 6.1.2.1 Within two (2) working days or as soon as practicable, the Complainant (or reporting party) contacts the Conduct Officer to discuss the incident.
      • 6.1.2.1.1 When at a University College location, the Complainant contacts the supervising Center Director who, in turn, contacts the assigned Conduct Officer.
    • 6.1.2.2 The Complainant files a “UMA Incident Report” within 2 working days or as soon as practicable.
      • 6.1.2.2.1 The Officer provides access to forms at all locations.
      • 6.1.2.2.2 Reports should focus on the chronological, factual accounting of events, including information about potential witnesses, and avoid speculation regarding motivation or intent.
      • 6.1.2.2.3 Individuals who file reports must convey them to the responsible Conduct Officer in a confidential manner, e.g., by fax, intercampus mail, or U.S. Postal Service, but not electronic mail.
    • 6.1.2.3 A faculty member or other UMA employee may ask any student who is disruptive, threatening, or destructive to immediately leave the classroom or other University-managed area if s/he does not stop the offending behavior upon request.
      • 6.1.2.3.1 NO ONE MAY PERMANENTLY REMOVE A STUDENT FROM A COURSE OR UNIVERISTY LOCATION FOR DISCIPLINARY REASONS WITHOUT BENEFIT OF THE DUE PROCESS PRESCRIBED BY THE UMS STUDENT CONDUCT CODE.
      • 6.1.2.3.2 In situations involving the use of facilities not administered by the University, University officials work with the student and local personnel to find a satisfactory solution in accordance with the UMS Code and UMA Procedures.
    • 6.1.2.4 If an employee or student feels that his/her health and safety are in imminent danger due to student action, the individual should follow the local, established procedures for dealing with an emergency situation. Once safe, the individual should report the incident to the appropriate University authorities, including Campus Security, the Office of Administrative Services, the Conduct Officer, and/or the chief administrative officer at that location.

6.2 ACADEMIC VIOLATIONS

  • 6.2.1 Reports of suspected violations of academic integrity should be reported in a confidential manner to the appropriate faculty member. If this is not practicable, such reports should be directed to the appropriate academic administrator or the Conduct Officer. The responsible faculty member or administrator will then follow the procedures as outlined in the UMA Academic Integrity Code.

7 ADMINISTRATIVE HEARINGS BEFORE THE CONDUCT OFFICER:

7.1 The Officer follows all guidelines stipulated in the UMS Student Conduct Code (V., A.-B.)
7.2 Hearings are normally held at a location of convenience to the majority of parties to the Hearing, but the location is at the discretion of the Officer.

8 HEARINGS BEFORE AN IMPANELED STUDENT CONDUCT COMMITTEE (ISCC) OR IMPANELED ACADEMIC INTEGRITY BOARD (IAIB):

8.1 The Conduct Officer informs the appropriate Committee Co-Chair when an appeal is filed or a case is referred directly to the Committee.
8.2 The Chair, with assistance from the Conduct Officer, recruits an ISCC or IAIB and makes all necessary arrangements.
8.3 The Chair of the ISCC or IAIB proceeds as prescribed in the UMS Student Conduct Code (V.D.1-4).

  • 8.3.1 To protect the rights of all parties and to ensure consistency and thoroughness, the Chair initiates all ISCC or IAIB Hearings with a common introductory statement outlining the rules that govern the Hearing.
  • 8.3.2 Hearings are normally held at a location of convenience to the majority of parties to the Hearing, but the location is at the discretion of the Chair.
  • 8.3.3 Following the Hearing the presiding ISCC or IAIB Chair forwards all relevant materials to the Conduct Officer for inclusion in the Hearing record.

9 STUDENT CONDUCT RECORD KEEPING:

9.1 The Conduct Officer arranges for the notation of all student disciplinary administrative suspensions or dismissals under his/her jurisdiction on the appropriate system-wide student information database.

  • 9.1.1 Unless automatically expunged by virtue of a specified end date, the Conduct Officer must initiate in the student information database any change in status of a disciplinary-related administrative suspension or dismissal.

9.2 The Officer (or designee) maintains the documentation for all student conduct cases in a confidential file for a minimum of three (3) years after the student’s graduation and/or separation from the University.

  • 9.2.1 Separation is defined as two (2) years of continuous non-attendance, including summers, formal withdrawal from UMA, or a confirmed transfer to another institution of higher education.
  • 9.2.2 One (1) year after graduation or separation the Officer (or designee) destroys records of Incident Reports that did not result in formal conduct charges.
  • 9.2.3 Three (3) years after graduation or separation the Officer (or designee) destroys records of cases resulting in sanctions of anything less than dismissal or suspension.
  • 9.2.4 The Officer (or designee) retains indefinitely all records pertinent to cases resulting in dismissal or suspension.
    • 9.2.4.1 The Officer (or designee) retains recordings made at Hearings before an ISCC or IAIB for three (3) years after all rights to appeal have been exhausted, at which time the Officer (or designee) destroys the recordings.

9.3 Upon the expiration of the holding period, the Officer (or designee) destroys all records in a manner that ensures confidentiality.

10 ACADEMIC AND STUDENT ACCOUNT POLICIES FOR DISMISSED OR SUSPENDED STUDENTS:

10.1 The standard campus policies pertinent to drop or withdrawal apply to any student suspended or dismissed from class(es) during a semester per an Administrative or an ISCC or IAIB Hearing.
10.2 The Conduct Officer informs the student of these policies at the time of separation.

11 ADMISSION OR RE-ADMISSION OF STUDENTS WHO HAVE BEEN ADMINISTRATIVELY DISMISSED OR SUSPENDED FOR DISCIPLINARY REASONS:

11.1 The staff responsible for new student admission checks all applicants against the student information system database to verify that an applicant is not under administrative dismissal or suspension from any UMS campus. (Note: Board of Trustee policy mandates all UMS campuses to honor suspensions and dismissals from all other UMS campuses.)
11.2 A student who files an application for admission following a disciplinary dismissal from UMA or another UMS campus must file a written petition, as stipulated in the Board policy.

  • 11.2.1 This appeal is submitted to the Director of Admissions.
  • 11.2.2 The Director of Admissions instructs the applicant to arrange an interview with the UMA Conduct Officer.
  • 11.2.3 The Director of Admissions and the Conduct Officer make a joint recommendation to the Executive Vice President & Provost regarding the advisability of admission.
  • 11.2.4 The Executive Vice President & Provost makes the final decision.

11.3 A student currently under disciplinary suspension from any UMS campus normally must fulfill all obligations of that suspension before UMA considers his/her application for admission/re-admission.

  • 11.3.1 The Director of Admissions verifies through the UMA Conduct Officer that all requirements are met before UMA offers admission/re-admission.
  • 11.3.2 An exception may be permitted with the written authorization of the suspending institution.

12 FILING A NO TRESPASS ORDER AGAINST A RESPONDENT:

12.1 In cases where the continued presence on campus of a Respondent found in violation of the Student Conduct Code creates serious disruption, an atmosphere of fear or intimidation, or puts other individuals at risk, the formal sanction should include a prohibition from campus during the period of the imposed sanction.
12.2 In cases where such a prohibition requires the force of law, the Officer (in cases of Administrative Hearings) or the Committee Chair (in cases of Hearings before an ISCC or IAIB) requests that the Vice President of Administration file a petition for a “No Trespass” order on behalf of the campus.

13 MAINTAINING THIS DOCUMENT:

13.1 The Conduct Officer maintains the accuracy of this document and may incorporate any adjustments necessary to comply with changes in the UMS Student Conduct Code, UMS policy, UMA policy, emerging case law, or an administrative reorganization of UMA.

  • 13.1.1This responsibility does not imply permission for the Officer to make elective, unilateral changes to the UMA Student Conduct Procedures.

13.2 At his/her discretion, the Conduct Officer initiates periodic review of these procedures and provides all constituencies an opportunity to submit proposed revisions.

  • 13.2.1 The Officer presents all proposed changes to the Student Conduct Committees for consideration.
  • 13.2.2 The Officer forwards proposals that are endorsed by the majority of voting Committee members through the Executive Vice President & Provost to the President for approval.

13.3 Any two (2) members of the Student Conduct Committees may also initiate a review of this document.

14 UMA’S PARTICIPATION IN THE REVIEW OF THE UMS STUDENT CONDUCT CODE:

14.1 Section VI of the UMS Student Conduct Code provides details regarding this process.

  • 14.1.1 The Chair of the SGA General Assembly nominates a student familiar with the Code to serve on the UMS Student Conduct Code Review Board. The President of UMA appoints the student representative.
  • 14.1.2 The President appoints one of the faculty Student Conduct Committee Co-Chairs to the Review Board.
  • 14.1.3 The UMA Conduct Officer automatically serves per Board of Trustee policy.
  • 14.1.4 Whenever feasible, the UMA delegation should include representation from more than one UMA campus or location.

14.2 Upon initiation of the review process, the Officer notifies the Student Conduct Committee membership that the UMS Student Conduct Code is under review and solicits their feedback.

  • 14.2.1 Committee members, in turn, invite their constituencies to participate in the review process and function as liaisons between their constituencies and the campus Conduct Committees.

14.3 The Conduct Committees consider all suggestions originating from UMA and other UMS campuses and endorses suggestions through a simple majority vote (including one vote allotted the Conduct Officer). The UMA delegation to the UMS Student Conduct Code Review Board (SCCRB) conveys UMA’s position to the SCCRB.
14.4 In the event that there is a substantive disagreement in positions taken by the two UMA Student Conduct Committees, a joint Committee of three (3) to five (5) members, including the Conduct Officer, will arbitrate the dispute.
14.5 The UMA SGA General Assembly retains the right to submit proposals to the SCCRB without prior approval of the UMA Student Conduct Committees.
Revised 9/24/08 KAD

STUDENT EMPLOYEES DRESS CODE

No attempt is made to control the dress or appearance of individual members of the student body. An exception to this is made in the case of students employed by UMA. During times of such employment, they must be neat, clean and properly attired. Any student employee reporting for work in inappropriate attire will not be permitted to commence work until the condition is corrected. Student employees must maintain these standards during all hours of employment.

STUDENT GRIEVANCE POLICY AGAINST PROFESSIONAL EMPLOYEES

Additional copies of this grievance policy are available in the Office of the Dean of Students in Augusta. It is advisable to all students considering filing a student grievance to carefully review the policy in order to adhere to all necessary deadlines and procedures.

The Student Grievance Policy and Procedure against Professional Employees is designed to give the UMA student the opportunity to follow a grievance procedure. Grievable matters will be limited to a professional employee's administrative action which has adversely affected the student who is filing the grievance. This policy is applicable at UMA and all of its functional units. This excludes specific areas covered by the Student Grievance Policy which was adopted on June 13, 1995, and which is applicable to student grievance against faculty members.

It is assumed that at any given stage in the following procedure, all parties will make sincere efforts to reach a final resolution of the issue in question. If the grieving party fails to adhere to the policy time limits, it will be assumed that the grievance is NOT BEING PURSUED. Should extenuating circumstances prevent adherence to the specifications of this policy, the chairperson of the PEA shall adjudicate the legitimacy of the extenuating circumstance. It is also recommended that students who contemplate filing a grievance against a professional employee or have questions about the policy contact the dean of students.

  1. The student must first discuss the matter of concern with the staff member involved.
  2. If the student is not satisfied with the results of the above discussion s/he then appeals to the staff member in writing within three working days with a copy to the staff member's immediate supervisor. The details of the grievance will be explained at this time. At this point, any student who files a grievance waives his/her right to confidentiality with respect to information which has bearing on the grievance. Such information will be subject to full disclosure by any involved parties with appropriate discretion.
  3. The staff member will respond in writing to the student within three working days with a copy to the staff member's immediate supervisor. The staff member will respond with specific terms to the grievance.
  4. Within three working days from the date the student receives the staff member's written response to his or her appeal, the student may request in writing a meeting with the staff member and the staff member's immediate supervisor. The meeting will be held within three working days of receipt of the student's request.
  5. If the meeting outlined in Step D does not resolve the grievance, the student must request in writing within five working days that the chairperson of the Professional Employees Assembly select another staff member who is acceptable to both parties of the grievance to act as mediator in the matter of the grievance. This mediator shall be selected from a unit not involved in the grievance. The mediator's function shall be to discuss the facts of the grievance issue frankly and objectively with both parties in hope of resolving the grievance.
  6. If the meeting outlined in Step E does not resolve the grievance, the student must request in writing within five working days that the chairperson of the Professional Employees Assembly convene an Ad Hoc Student Grievance Committee to investigate the facts behind the grievance.
  7. The chairperson of the Professional Employees Assembly will, after receipt of the student's request, convene an Ad Hoc Grievance Committee consisting of two students to be appointed by the chairperson of the Professional Employees Assembly from a list of at least eight names provided by the president of the Student Government Association.

    Either the student or the staff member may exercise one peremptory challenge and may challenge for cause any member of the committee, the judgment in matter of cause being made by the vice chairperson of the Professional Employees Assembly.

    The Committee will determine its own procedure and will accept all pertinent information and strive to protect the interest of both parties.
  8. The Committee will report its findings and recommendations to the student/staff member concerned, the staff member's immediate supervisor, unit manager, the president of UMA and the chairperson of the Professional Employees Assembly. The Ad Hoc Grievance Committee will report its findings within three working days after its final meeting.

    The recommendation of the Ad Hoc Grievance Committee will constitute the final steps in this appeal process. All parties are expected to adhere to these findings.
  9. In cases where the chief administrative officer is involved, steps A, B, and C of the procedure apply. Step D would be in accordance with the office and the procedures that follow would be in accordance with the chancellor's stated policies and procedures of student grievance.

STUDENT PERSONAL PROPERTY LOSSES

The University shall have no responsibility for loss or damage to personal property owned by the student or in the custody of the student, except in University controlled buildings, and only to the extent that such property loss or damage is the result of an insured loss for direct physical damage, such as loss by fire or theft with signs of forced entry. In such cases, the University provides secondary insurance for the loss of the student's property. The University's insurance covers only after all personal or family insurance has been used. The University insurance provides a $5000 maximum coverage limit per student, subject to a $50 deductible per student. However, the University's insurance does not cover property losses to the student or students whose negligence was the cause of a loss.

TOBACCO USE POLICY

Policy Purpose

  •  Tobacco use is the single most preventable cause of death and disease in the U.S. (Federal CDC)
  • The Environmental Protection Agency (EPA) has classified second-hand smoke as a Class A carcinogen, the most toxic class of chemicals known to cause cancer.
  • The U.S. Surgeon General stated in a 2006 report that there is “no safe level of exposure to second-hand smoke.”
  • As an institution of higher learning, UMA has a responsibility to educate and lead on this critical health issue.

The University of Maine at Augusta (UMA) is committed to providing a healthy and productive work and learning environment for the entire campus community.

The purpose of this policy is to reduce harm from tobacco use and second-hand smoke, reduce litter/residue from all tobacco/nicotine products, provide an environment that encourages a tobacco free lifestyle, reduce health care costs, and promote a campus culture of wellness and environmental responsibility.

UMA Tobacco-Free Campus Policy

Effective January 1, 2013, UMA became a tobacco-free institution, prohibiting the use of any tobacco or non-FDA approved nicotine product, including smokeless tobacco and e-cigarettes, on both UMA campuses and at all nine University College centers. This policy applies to all fulltime and part-time staff, faculty, students, contractors, vendors, and visitors.

Specifically:

  • The use of alll tobacco and non-FDA approved nicotine products such as electronic nicotine devices (e-cigarettes) is prohibited on all campus property owned or leased. This includes in and around all buildings, common areas, and parking lots (unless inside one’s own vehicle).
  • Tobacco use is prohibited in any university owned or leased vehicle, or private vehicle used in the course of work when another employee or student is present.
  • Tobacco use is permitted inside one’s own car on campus property, as long as the windows are rolled up, the cigarette is smoked entirely inside the vehicle, and the cigarette butt is disposed of inside the car.

Procedure

  •  Copies of this policy will be posted in accordance with Maine Law.
  • This policy will be provided on request and included in training manuals, new employee orientation and reinforced/updated annually.
  • This policy will be communicated in appropriate University publications and through internal and external communication vehicles.
  • Appropriate signage will be posted at campus locations.
  • UMA’s policy will be included in UMA vendor contracts.

Enforcement

Policy non-compliance will be handled in the following manners for faculty, staff and students:

Student non-compliance »

Faculty and staff non-compliance »

The success of this policy will depend upon the courtesy and cooperation of the entire campus community.

Resources

The following resources are available to students, faculty and staff:

Maine Tobacco Helpline
(1-800-207-1230)
It’s simple, free, and confidential.

Students can also contact:

UMA Counseling Services
Augusta Campus - 621-3044
Bangor  Campus – 262-7836
Students can obtain information about other resources by calling 621-3374.

 

A. Responsibilities of Officer

1. The Officer may initiate and supervise

     investigations of possible violations of this

     Code which are brought to his/her attention

     by employees, students, or members of the

     general public. The Officer may conduct an

     investigation to determine if the charges have

     merit and/or if they can be disposed of

     informally by mutual consent of the parties

     involved on a basis acceptable to the Officer.

     The Complainant shall have the right to end

     the informal process at any time and begin

     the formal complaint process. In cases of

     sexual assault, informal resolution will not be

     used even on a voluntary basis.

2.  Upon concluding the investigation, the Officer

     shall notify the Respondent (and the

     Complainant, if the alleged violation is gender

     discrimination, sexual harassment, sexual

     assault, domestic violence, dating violence, or

     stalking) in writing of the Officer’s decision on

     whether charges will be filed.

3.  If charges are being filed the Officer shall

     notify the Respondent (and the

     Complainant, if the alleged violation is gender

     discrimination, sexual harassment, sexual

     assault, domestic violence, dating violence, or

     stalking) in writing of the charge(s), the

     complaint(s), the date(s) of alleged

     occurrence(s), the Code section(s) which is

     (are) alleged to have been violated, the

     maximum possible sanction which may be

     imposed, date of hearing, and the

     Respondent's (and, if the alleged violation is

     gender discrimination, sexual harassment,

     sexual assault, domestic violence, dating

     violence, or stalking, the Complainant’s) rights

     of review.

     a. This notice shall indicate if the hearing is to

          be before the Officer or Committee.

     b. This notice may be hand delivered, mailed

          to the Respondent’s last known address, or

          delivered through the use of the

          Respondent’s University e-mail account.  If

          the alleged violation is gender

          discrimination, sexual harassment, sexual

          assault, domestic violence, dating

          violence, or stalking, the Complainant shall

          receive a simultaneous notification.  If the

          hearing is to be before the Committee, this

          notice will afford the Respondent (and the

          Complainant, if the alleged violation is

          gender discrimination, sexual harassment,

          sexual assault, domestic violence, dating

          violence, or stalking) the opportunity to

          meet with the Officer prior to the hearing of

          the alleged violation(s).

4.  If no charges are being brought the Officer

     shall notify the Respondent in writing that no     

     charges are being brought by the Officer.  If 

     the alleged violation is gender discrimination,

     sexual harassment, sexual assault, domestic

     violence, dating violence, or stalking, the

     Complainant shall receive a simultaneous

     notification of the Officer’s decision not to

     bring charges and both the Respondent and

     Complainant shall be notified of the

     Complainant’s right of review.

5.  If the alleged violation is gender

     discrimination, sexual harassment, sexual

     assault, domestic violence, dating violence, or

     stalking, the Officer shall have had annual

     training on the issues related to gender

     discrimination, sexual harassment, sexual

     assault, domestic violence, dating violence,

     and stalking and how to conduct an

     investigation and hearing process that

     protects the safety of individuals involved and

     promotes accountability.

 

B. Administrative Hearing Before Officer

1.  If the Respondent or any other party is not

     present at the time appointed for the hearing,

     the Officer shall first attempt to determine the

     reason for that person's absence. The Officer

     may proceed in a normal manner without

     Respondent’s attendance or any other

     party’s attendance, may hear only a portion

     of the testimony and adjourn to a later date,

     or may continue the entire hearing to a later

     date. The Officer may not consider the

     absence of Respondent or any other party as

     relevant to whether the Respondent

     committed the alleged violation of the Code.

2.  During the meeting or hearing with the

     Respondent (which, if the alleged violation is

     gender discrimination, sexual harassment,

     sexual assault, domestic violence, dating

     violence, or stalking, shall include the

     Complainant) no party present shall be

     accompanied by legal counsel, except when

     the Respondent also faces criminal charges

     for the same incident.  If the Respondent

     faces criminal charges for the incident,

     both the Respondent and the Complainant

     shall be permitted to bring legal counsel to

     the hearing if they so choose.  All parties may

     be accompanied by an advisor or support

     person, such as a parent(s), legal

     guardian(s), advocate, or member of the

     University community.

3.  During the hearing, the Officer may hear and

     consider as evidence any relevant

     information. Efforts will be made to obtain the

     most reliable information available. The Officer

     may not consider:

     a. Information obtained directly or indirectly

         through a search of a Respondent’s person,

         effects, or room without his/her consent,

         unless obtained pursuant to a warrant or

         other legal search. Nothing in this section

         shall be deemed to prohibit routine

         inspection or maintenance of a

         Respondent’s room and nothing in this

         section shall be deemed to prohibit forcible

         entry of any place or constraint of any

         person in order to prevent harm or damage

         to person or property when made with

         reasonable belief that such damage or

         harm is occurring, has just occurred, or is

         about to occur.

     b. The Respondent’s refusal to consent to a

         search or to give information concerning

         the alleged facts. If the Officer is aware that

         a criminal prosecution relating to the same

         violation(s) is being conducted, or such

         action appears likely to be made,

         independent of the hearing, the Officer will

         notify the Respondent in advance of the

         right to remain silent, and the Officer shall

         draw no inference from the Respondent’s

         refusal to give information.

4.  The Officer shall then:

     a. Make a determination that the Respondent   

          is In Violation of the Code if convinced

          by a preponderance of the evidence

          presented that the Respondent has

          committed the act(s) as alleged, or Dismiss

          the case if the Officer determines the

          respondent is Not In Violation of the Code,

          or

     b. Refer the matter to the Committee if the

          Officer is in doubt as to whether acts have

          been committed which constitute a

          violation of this Code, or

     c. Refer the matter to the Committee if the

         Officer is in doubt of which, if any, sanction

         ought to be imposed, or

     d. Refer the matter to the Committee or other

         designated hearing Officer if there is a

         conflict of interest for the Officer, and

     e. Inform the Respondent, in writing, of the

          outcome, of any sanctions imposed, and of

          his/her right of review.  If the alleged

          violation is a violent crime, gender

          discrimination, sexual harassment, sexual

          assault, domestic violence, dating

          violence, or stalking the Complainant shall

          receive simultaneous written notification of

          the outcome, of any sanctions that directly

          relate to the Complainant, and of the

          Complainant’s right of review if the alleged

          violation is gender discrimination, sexual

          harassment, sexual assault, domestic

          violence, dating violence, or stalking.

5.  If the Officer determines the Respondent is In

     Violation of the Code, the Officer shall impose

     appropriate sanctions.  Sanctions shall

     become operative immediately after written

     notice thereof has been given to the

     Respondent.  Sanctions may be stayed in the

     event the Respondent submits a request for

     review by the Committee in accordance with

     this Code.

6.  Notwithstanding the above, a Respondent 

     may be suspended from the University or have

     privileges revoked pending the outcome of a

     disciplinary proceeding if, in the judgment of

     the Officer, the Respondent’s continued

     presence or use of privileges at the University

     pending the outcome of the proceeding is

     likely to pose a substantial threat to the

     Respondent or to other people and/or is likely

     to cause significant property damage and/or

     disruption of or interference with the normal

     operations of the University. The Officer will

     make a judgment on interim action based on

     the review of the alleged conduct.  Ordinarily,

     the Officer will converse with the Respondent

     when interim action is considered.  A

     Respondent sanctioned under this section

     may seek review of that decision by  

     requesting the President or his/her designee to

     review the decision within 5 calendar days

     after the Respondent has received notice of

     the interim action. The Respondent may

     request that a formal Committee hearing be

     held as soon as practicable. If the alleged

     violation is gender discrimination, sexual

     harassment, sexual assault, domestic violence,

     dating violence, or stalking, the Officer shall

     inform the Complainant of any interim action

     that directly relates to the Complainant.

 

C. Administrative Hearing Before Student Hearing

     Panel

1.  At the discretion of each University institution,

     certain minor violations committed by a

     student may be heard before a panel of the

     student’s peers rather than before an Officer. 

     The composition of the panel shall have

     equitable gender representation whenever

     practicable.

2.  If an institution elects to establish a Student

     Hearing Panel, that institution shall provide its

     students with information regarding the types

     of violations that a Respondent may elect to

     have heard before the panel.  In no event

     shall an institution permit a Student Hearing

     Panel to adjudicate a complaint involving a

     violent crime, gender discrimination, sexual

     harassment, sexual assault, domestic violence,

     dating violence, stalking, or any other violation

     of a private or sensitive nature.

3.  If a Respondent elects to have a complaint

     heard by the Student Hearing Panel, any such

     hearing shall be in lieu of a hearing before the

     Officer and:

a.       The rules and administrative procedures applicable to the Officer, as set forth in Section V(B) above, shall also apply to the Student Hearing Panel; and

b.       The Officer or a designee of the Officer shall attend the hearing to ensure compliance with the administrative procedures set forth in this Code and with any supplemental policies the institution may issue regarding the Student Hearing Panel.

4.  Any appeals from the Student Hearing Panel’s decision shall be handled according to the same procedures applicable to appeals arising from the Officer’s decision, as set forth in Section V(D) below.

 

D. Right of Review Beyond Officer or Student

     Hearing Panel

1.  The Respondent (or the Complainant, if the

     alleged violation is gender discrimination,

     sexual harassment, sexual assault, domestic

     violence, dating violence, or stalking) may

     direct a request for review of the Officer or

     Student Hearing Panel’s findings or

     actions to the Committee, for any of the

     following reasons:

     a. Review of the procedures followed.

     b. Review of the appropriateness of the

          sanction.

     c. Consideration of new information that was

          not available at the time of the hearing

          with the Officer or Student Hearing Panel.

     d. Reconsideration of existing information and

          whether it supports the Officer or Student

          Hearing Panel’s finding.  (This review may

          result in a higher sanction, a lower sanction,

          the same sanction, or no sanction at all

          being imposed.)

2.  Requests for review shall be in writing and shall

     state the issue(s) to be reviewed and provide

     a detailed rationale for the request. This

     written request for a review shall be

     submitted to the Officer (regardless of

     whether the initial hearing occurred before

     the Officer or before the Student Hearing

     Panel) and must be received by the Officer

     within seven calendar days after the

     Respondent/Complainant has received

     notice of the findings.  The Officer shall

     promptly forward the request for review to the

     Committee.

 

E. Responsibilities of the Committee

1.  After notification from the Officer, the Chair of

     the Committee shall, as soon as practicable:

     a. Notify, in writing, the Officer and the

          Respondent(and the Complainant, if the

          alleged violation is gender discrimination,

          sexual harassment, sexual assault, domestic

          violence, dating violence, or stalking), of a    

          date, place, and time for hearing with the

          hearing normally to be held not earlier than

          five calendar days and not later than 14

          calendar days after issuance of notification

          by the Committee.  Notification will be in

          the same manner as set forth in Section

          V.A.(3)(b) above.

     b. List in the notice to the

         Respondent/Complainant the names of the

         Committee member(s) conducting the

         review and witnesses being invited by the

         Officer.

     c. Make arrangements for the keeping of a

         recorded record of the proceedings. In

         cases of a review, the Respondent charged

         with the violation, his/her representative and

         authorized University officials may have

         access to the record for purpose of review

         relating to a request for review but no

         copies shall be made except by the

         University.  Such record shall be kept by the

         University campus for at least three years

         after all review rights have been exhausted

         at which time such record may be

         destroyed. Such records of hearings are

         deemed to be Student Education Records

         under the Family Educational Rights and

         Privacy Act of 1974 and may not be

         disclosed publicly except as provided in

         such Act. No recording in any form, other

         than the one made by the Committee, is

         permitted at the hearing.  If the alleged

         violation is gender discrimination, sexual

         harassment, sexual assault, domestic

         violence, dating violence, or stalking, the

         Complainant may have access to the

         portions of the recording pertaining to the

         Complainant.

2.  Composition of Committee

     a. The Committee shall consist of at least

         three, but no more than seven, members, at

         least one of whom shall be a student and

         one a Presidential designee. The number of

         Committee members, the composition of

         the Committee, and the method of

         selection shall be determined by each

         campus in a manner approved by the

         President or his/her designee. The President

         or his/her designee shall also appoint the

        Chair from among the Committee members.

         The composition of the committee shall

         have equitable gender representation

         whenever practicable.

      b.The Respondent charged with the  

         violation, the Officer, and the Complainant  

         shall have the right to challenge for cause

         any member of the Committee by

         submitting to a designated official a written

         memorandum stating the grounds for this

         challenge at least two days prior to the

         scheduled meeting. Removal of members

         for cause shall be within the authority and

         at the discretion of the Chair of the

         Committee or another member of the

         Committee if the Chair is unable to exercise

         that function or is challenged for cause.

     c. If the alleged violation is gender

         discrimination, sexual harassment, sexual

         assault, domestic violence, dating violence,

         or stalking, all members of the Committee

         shall have had annual training on the issues

         related to gender discrimination, sexual

         harassment, sexual assault, domestic

         violence, dating violence, and stalking and

         how to conduct an investigation and

         hearing process that protects the safety of

         individuals involved and promotes

         accountability.

3. Hearing Preliminaries

     a. At any proceeding before the Committee,

         the Officer, the Respondent, the

         Complainant or any other party to the

         hearing may have the assistance of an

         advisor, which may include legal counsel.

     b. The hearing shall be closed. The Committee

         Chair may permit, in addition to the party’s

         advisor, two support people for each the

         Respondent or Complainant to observe the

         proceedings. When the hearing is opened

         to any of the above mentioned people, the

         Committee Chair reserves the right to close

         the hearing or any portion thereof in order

         to protect any party participating.

     c. If the Respondent or any other party is not

         present at the time appointed for the

         hearing, the Committee shall first attempt to

         determine the reason for that person's

         absence. The Committee may proceed in a

         normal manner without Respondent’s

         attendance or any other party’s

         attendance, may hear only a portion of the

         testimony and adjourn to a later date, or

         may continue the entire hearing to a later

         date. The Committee may not consider the

         absence of a party as relevant to whether

         the Respondent committed the alleged

         violation of the Code.

4. Hearing Procedures

     a. Responsibility for recognizing and permitting

         persons to speak lies exclusively with the

         Chair.

     b. Persons disruptive to any stage of the   

         hearing may be evicted at the reasonable

         discretion of the Chair.

     c. The Officer shall first present the results of    

         the investigation and/or the charges  

         against the Respondent.

     d. The Officer and/or the Complainant may

         present oral testimony and/or written

         statements from any person(s) including the

         Respondent, and all relevant documents,

         records and exhibits.

     e. The Respondent may then present written

         documentation or oral testimony from the

         Respondent him/herself and/or other

         witnesses, and all relevant documents,

         records and exhibits. The names of such

         witnesses and/or copies of written

         statements must be submitted to the Officer

         at least one working day prior to the

         hearing for inclusion in the materials

         presented to the Committee. At the

         discretion of the Chair, the Respondent

         (and the Complainant, if the alleged

         violation is gender discrimination, sexual

         harassment, sexual assault, domestic

         violence, dating violence, or stalking), may

         submit written documents, oral testimony of

         witnesses, and all relevant documents,

         records, and exhibits at the time of the

         hearing.

     f.  At any time during the proceedings,

         members of the Committee may question

         witnesses or parties to the proceeding;

         witnesses or parties may only ask questions

         of each other at the discretion of and

         through the Chair. Questioning by any

         advisor is not permitted. The advisors may

         not speak at the hearing.

     g. After the presentation of all the information

         to the Committee, the Officer and the

         Respondent (and the Complainant if the

         alleged violation is gender discrimination,

         sexual harassment, sexual assault, domestic

         violence, dating violence, or stalking) may

         present arguments to the Committee on

         the applicability of this Code or the

         interpretation of any sections herein.

     h. At this time, the Officer and the Respondent

         (and the Complainant if the alleged

         violation is gender discrimination, sexual

         harassment, sexual assault, domestic

         violence, dating violence, or stalking) may

         make recommendations to the Committee

         as to the appropriate sanctions should a

         violation(s) be found to have been

         committed.

     i.  During the hearing the Committee may

         consider any relevant information, shall not

         be bound by the strict rules of legal

         evidence, and may take into account any

         information which is of value in determining

         the issues involved. Efforts will be made to

         obtain the most reliable information

         available.

     j.  After all parties have presented their

         respective information, the Committee shall

         go into closed session to determine whether

         the Respondent has committed the alleged

         violation and/or, if so, the sanction(s) to be

         imposed. Deliberations are not recorded. A

         Committee member should vote that the

         Respondent is In Violation of the Code only

         if convinced by a preponderance of the

         information presented that the

         Respondent has committed the act(s) as

         alleged. A simple majority vote of In

         Violation or Not in Violation of the Code by

         the Committee members present shall

         prevail. If the majority of the Committee

         votes for Not In Violation or there is a tie,

         the Respondent shall be found Not In  

         Violation and the process shall end.

     k. If a Respondent is found to be In Violation of

         the Code, the Committee will deliberate on

         sanctions. Deliberations are not recorded. A

         majority vote of the Committee members

         voting shall prevail.

     l.  After making its decision, the Committee

         shall inform the Respondent in writing of the

         disposition of the case as soon as

         practicable in the same manner as set forth

         in Section V.A.(3)(b) above. Any disciplinary

         sanctions imposed by the Committee shall

         be operative immediately upon notification,

         unless otherwise specified.

    m. The notice to the Respondent of the finding

         of the Committee shall include:

         i.  The section(s) of this Code found to have

             been violated;

         ii. The disciplinary sanction imposed or other  

             sanction to be taken; and

         iii. Minority report and recommendations, if

             any.

     n. If the alleged violation is a violent crime,

         gender discrimination, sexual         

         harassment, sexual assault, domestic

         violence, dating violence, or stalking, the

         Committee shall inform the Complainant of

         the outcome of the proceeding at the

         same time as notice is provided to the

         Respondent.  Notification will occur in the

         same manner as set forth in V.A.(3)(b)

         above.

     o. If the alleged violation is gender  

         discrimination, sexual harassment, sexual

         assault, domestic violence, dating violence,

         or stalking, in addition to informing the

         Complainant of the outcome of the

         proceedings the Committee shall inform the

         Complainant of any sanctions imposed

         upon the Respondent that directly relate to

         the Complainant.  Notification will occur in

         the same manner as set forth in V.A.(3)(b)

         above.

 

F. Right of Review Beyond Committee

1.  In the event the Committee approves a

     sanction of suspension or dismissal, or loss of

     recognition of campus organizations, the

     Respondent may request review by the

     President or his/her designee. If the alleged

     violation is gender discrimination, sexual

     harassment, sexual assault, domestic violence,

     dating violence, or stalking, the Complainant

     or Respondent may direct a request for review

     of the Committee's decision to the

     President or his/her designee. Such request for

     review must be made within seven calendar  

     days of notification of imposition of sanction.

     The request for review shall be in writing and

     limited to:

     a. Review of the procedures followed. In the

          event of a significant procedural error, the

          President or his/her designee shall reverse   

          and remand the case to the Committee for

          a new hearing as set forth in section V.D.

          above.

     b. Appropriateness of the sanction. The

         President or his/her designee may impose a

         more severe sanction in the case of gender

         discrimination, sexual harassment, sexual

         assault, domestic violence, dating violence,

         or stalking.  The decision of the President

         or his/her designee shall be final and shall

         be communicated to the Respondent in the

         same manner as set forth in Section

         V.A.(3)(b) above.

     c. Consideration of new information that was

         not available at the time of the hearing with

         the Committee.

     d. If the alleged violation is a violent crime,

         gender discrimination, sexual harassment, 

         sexual assault, domestic violence, dating

         violence, or stalking, the President or his/her

         designee shall inform the Complainant of

         the outcome of the proceeding at the

         same time as notice is provided to the

         Respondent.  Notification will occur in the

         same manner as set forth in V.A.(3)(b)

         above.

     e. If the alleged violation is gender  

         discrimination, sexual harassment, sexual

         assault, domestic violence, dating violence,

         or stalking, in addition to informing the

         Complainant of the outcome of the

         proceedings the President or his/her

         designee shall inform the Complainant of

         any sanctions imposed upon the

         Respondent that directly relate to the

         Complainant.  Notification will occur in the

         same manner as set forth in V.A.(3)(b)

         above.

     f. If the alleged violation is gender  

         discrimination, sexual harassment, sexual

         assault, domestic violence, dating violence,

         or stalking, the President or his/her designee

         or any person/group designated to hear a

         review shall have had annual training on

         the issues related to gender discrimination,

         sexual harassment, sexual assault, domestic

         violence, dating violence, and stalking and

         how to conduct an investigation and

         hearing process that protects the safety of

         individuals involved and promotes

         accountability.

 

2.  If the Committee decided a case referred

     directly by the Officer, the President or his/her

     designee shall designate a new person/group

     to hear the first review. The respondent may

     direct a request for review of the Committee’s

     findings or actions to the person/group

     designated to hear the first review. If the

     alleged violation is gender discrimination,

     sexual harassment, sexual assault, domestic

     violence, dating violence, or stalking, the  

     Complainant may direct a request for review

     of the Committee’s findings or actions to the

     person/group designated to hear the first

     review.  The outcome of this review may result

     in a higher sanction, a lower sanction, the

     same sanction, or no sanction at all being

     imposed. Requests for review will be in

     accordance with V.C.2 above. For these

     reviews the responsibilities of the

     person/group are to review all documents

     submitted to the Committee, the recording of

     the Committee hearing, and the Committee’s

     decision. The decision of the person/group

     may then be reviewed according to section

     V.E.1 above.

     a. The decision of the person/group  

         designated to hear the first review shall be

         communicated to the Respondent in the

         same manner as set forth in Section

         V.A.(3)(b) above.

     b. If the alleged violation is a violent crime,

         gender discrimination, sexual harassment,

         sexual assault, domestic violence, dating

         violence, or stalking, the person/group

         designated to hear the first review shall

         inform the Complainant of the outcome of

         the proceedings in the same manner as set

         forth in Section V.A.(3)(b) above.

     c. If the alleged violation is gender

         discrimination, sexual harassment, sexual

         assault, domestic violence, dating

         violence, or stalking, in addition to informing

         the Complainant of the outcome of the

         proceedings the President or his/her

         designee shall inform the Complainant of

         any sanctions imposed upon the

         Respondent that directly relate to the

         Complainant in the same manner as set

         forth in Section V.A.(3)(b) above.    

    

G. Specific Procedures with Respect to Sexual

     Assault, Domestic Violence, Dating Violence,

     and Stalking

The University prohibits sexual assault, domestic violence, dating violence, and stalking.  In cases of alleged sexual assault, domestic violence, dating violence, or stalking the University will provide a prompt, fair, and impartial investigation and resolution.  This process will be conducted by University officials who receive annual training on the issues related to sexual assault, domestic violence, dating violence, and stalking and how to conduct an investigation and hearing process that protects the safety of individuals involved and promotes accountability.

1.  Reporting a Violation

     a. Victims may elect to report an incident to

          campus authorities, local law enforcement,

          both, or neither;

     b. Should a victim elect to report an incident

          to local law enforcement, campus 

          authorities are available to assist the victim

          with this process at the victim’s request.

2. Standard of Evidence

     a. Students who believe they have been the

          victim of an act of sexual assault, domestic

          violence, dating violence, or stalking

          should, if possible, attempt to preserve any

          evidence of the act.  This evidence could

          prove crucial should the student choose to

          report a violation of this Code, report a

          criminal act to local law enforcement, or

          seek an order of protection from abuse or

          harassment from the courts.

      b. As with other violations of the Code, and in

          accordance with federal law, in cases of 

          sexual assault, domestic violence, dating

          violence, or stalking, the standard of

          evidence used to determine whether a

          violation occurred shall be a

          preponderance of the evidence.

     c. Under the preponderance of the evidence

          standard, a violation will be determined to

          have occurred if, based upon the

          evidence presented, University authorities

          conclude that it is more likely than not that

          the violation was committed.

3.  Sanctions and Protective Measures

     a. In addition to the sanctions outlined in

          Section IV, it is within the University’s power

          to impose remedial measures to protect

          the victim.

     b. Even if a victim chooses not to pursue

          disciplinary proceedings under the Code or

          report the incident to law enforcement

          s/he should consider talking to University

          officials about the possibility of remedial

          measures, as many measures (such as

          counseling or changing classes) may be

          possible regardless of whether an

          investigation is initiated.

     c. Examples of possible remedial measures

          include:

          i. Helping a victim change housing, classes,

             or transportation in order to avoid

             contact with his/her alleged perpetrator;

         ii. Prohibiting an alleged perpetrator from

             having contact with the victim; and

        iii. Helping connect the victim to victim’s

             services on campus and in the

             community, including counseling.

     d. Additional information on resources for

          victims, including details about free on-

          campus counseling services and other

          resources on campus and in the

          community, may be found in the

          University’s policy pamphlet on sexual

          assault, domestic violence, dating

          violence, and stalking.

4.  Confidentiality

     a. Under federal law, the University is required

          to report statistics regarding the

          occurrence of certain crimes in the

          University community.  When reporting

          these statistics the University withholds the

          names of victims as confidential and, to the

          extent permissible by law, withholds any

          other information that may serve to identify

          the victim.

     b. If a Complainant requests that his/her name

          or other identifiable information not be

          disclosed to the alleged perpetrator, the

          University’s ability to respond to the incident

          and pursue disciplinary action against the

          alleged perpetrator may be limited. 

          Potential Complainants should note that,

          under Title IX of the Education

          Amendments of 1972, retaliation against a

          Complainant is prohibited.  University

          officials will take steps to prevent retaliation

          and will take strong responsive action if

          retaliation does occur.