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UAstudentcodeconduct

UAstudentcodeconduct

Page 1: UAstudentcodeconduct

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Number of Pages:16

Date Created:September 28, 2018

Date Uploaded to the Library:March 26, 2019

Tags:UAstudentcodeconduct, Revision, Consent, sanctions, conduct, MEANS, students, rules, sexual, Student, arizona, policy, September, Property, president, board, university


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Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
5-308 Student Code Conduct
Jurisdiction and Authority
Under Arizona law, the Arizona Board Regents responsible for
the control and supervision the state universities and their
properties and activities. The board authorized enact ordinances
for the governance the universities and the maintenance public
order upon all property under its jurisdiction. The board has
promulgated this Student Code Conduct order meet its
responsibilities under Arizona law. Enforcement this Student Code Conduct subject applicable law, including constitutional
protections for speech, association and the press.
The presidents are authorized enforce the Student Code
Conduct.
Actions taken under the Student Code Conduct are administrative
and not criminal nature. Therefore, student can found
responsible under the Student Code Conduct even the underlying
conduct would not also constitute criminal offense, and even
prosecutor has determined not prosecute criminal matter the
student has been found not guilty criminal proceeding.
For purposes interpreting words and phrases not otherwise defined the Student Code Conduct, every day and common usages and
understanding shall apply, and external sources may consulted for
guidance.
Students may accountable both civil and criminal authorities and the university for acts misconduct that constitute violations the
Student Code Conduct. the discretion university officials,
educational interventions disciplinary action the university may
proceed before, during, after other proceedings. Sanctions may
imposed for acts misconduct that occur university property
any university-sponsored activity. further prescribed these rules,
off-campus conduct may also subject educational interventions discipline. With respect student organizations, and their
members, university jurisdiction extends premises used
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
controlled the organizations off campus.
Philosophy
The aim education the intellectual, personal, social, and ethical
development the individual. The educational process ideally
conducted environment that encourages reasoned discourse,
intellectual honesty, openness constructive change, and respect for
the rights all individuals. Self -discipline and respect for the rights others the university community are necessary for the fulfillment such goals. The Student Code Conduct designed promote
this environment each the state universities.
The Student Code Conduct sets forth the standards conduct
expected students who choose join the university community. university may respond violations these standards with
educational interventions disciplinary sanctions.
Scope
The adoption the Student Code Conduct does not prohibit any
university the board from adopting maintaining additional rules
govern the conduct students. Allegations misconduct brought
under the Student Code Conduct may combined with allegations
arising under other university board rules.
Each university may adopt policies and procedures for reviewing
allegations academic dishonesty.
The Student Code Conduct applies individual students and
student organizations.
Students and student organizations are also subject the following
rules:
Rules adopted each university govern the control
vehicles and other modes transportation university
property
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
Rules relating student classroom conduct, academic
dishonesty, and academic eligibility, performance and
evaluation
Rules governing student housing
Rules governing the maintenance public order
Rules governing the conduct student athletes
Rules governing the use university communication and
computing resources, and
Such other rules may adopted the board, the
universities furtherance university and educational goals.
Student Organizations
Student organizations may charged with violations the Student
Code Conduct the same extent students.
Student organizations, well their members and other students,
may also held collectively and/or individually responsible for
violations including but not limited misconduct that occurs: (a)
university property; (b) premises used controlled the
organization; (c) university-sponsored activities; (d) violation
university hazing policies.
The officers leaders student organization may held
collectively and/or individually responsible when such violations are
committed persons associated with the organization who have
received consent encouragement from the organizations officers
leaders those officers leaders knew should have known that
such violations were being would committed.
The officers leaders student organization may directed
take action designed prevent end such violations the
organization any persons associated with the organization.
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
Failure comply with directive may considered violation the
Student Code Conduct, both the officers leaders the
organization and the organization.
Definitions
Advisor means individual selected the student advise
him/her. The advisor may faculty staff member, student,
attorney, other representative the student.
Board means the Arizona Board Regents.
Complainant means any individual who initiates the referral
procedures set forth the Student Code Conduct Procedures.
Consent the context sexual activity means informed and freely
given words actions that indicate willingness participate
mutually agreed upon sexual activity.
Consent may not inferred from: silence, passivity lack
resistance, current previous dating sexual relationship,
acceptance provision gifts, meals, drinks, other items
previous consent sexual activity.
Consent may withdrawn during sexual activity. Consent one
form consensual sexual activity does not imply consent any other
form sexual activity.
Consent may not obtained through physical force, violence, duress,
intimidation, coercion, express implied threat injury.
Consent may never given person who is: incapacitated (by
drugs, alcohol otherwise), unconscious, asleep, otherwise
physically mentally unable make informed, rational judgments.
The use alcohol drugs does not diminish one responsibility
obtain consent and does not excuse conduct that violates this Student
Code Conduct.
Consent cannot given someone who, virtue age,
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
circumstances other factors, deemed law incapable
giving consent.
Controlled substance means drug substance whose use,
possession, distribution controlled under state federal law.
Day means university business day, not including Saturday, Sunday,
any officially recognized university employee holiday, any day the
university closed.
Dangerous Instrument means anything that under the circumstances which used, attempted used threatened used
readily capable causing death serious physical injury.
Dean Students Dean means the administrative officer
responsible for administration student conduct bearing this similar
title and includes his/her designee.
Distribution means sale, exchange, transfer, delivery, gift.
10.
Educational Response Intervention The dean students may
require student complete educational program the student
expense, write paper letter apology, engage community
service, assign other educational responses address the
student conduct.
11.
Endanger means bring into danger peril.
12.
Explosive refers dynamite, nitroglycerin, black powder, other
explosive material bomb including plastic explosives; any breakable
container that contains flammable liquid with flash point 150 less and has wick similar device capable being ignited.
13.
Fabrication means falsification creation false data
information.
14.
Fireworks refers any fireworks, fire crackers, sparklers, rockets,
and any propellant-activated device whose intended purpose
primarily for illumination.
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
15.
Gambling shall have the same meaning defined Arizona law.
16.
Hazing means either (a) any intentional, knowing reckless act
committed student, whether individually, concert with other
persons, against another person, connection with initiation into, affiliation with, the maintenance membership any
organization that affiliated with university that contributes
substantial risk potential physical injury, mental harm
degradation, causes physical injury, mental harm personal
degradation; (b) any act otherwise defined hazing under
applicable law. Hazing includes, but not limited to, paddling any
form, physical psychological shocks, late work sessions that
interfere with scholastic activities, advocating promoting alcohol
substance abuse, tests endurance, submission members
prospective members potentially dangerous hazardous
circumstances activities which have foreseeable potential for
resulting personal injury, any activity which its nature may
have potential cause mental distress, panic, human degradation, embarrassment.
17.
Illegal drug means any drug whose manufacturing, use, possession, distribution prohibited restricted state federal law.
18.
Personal Safety Devices: each university will maintain and publish
list permitted personal safety devices include personal alarms,
chemical repellents and other devices designed protect personal
safety from physical attacks other people. Each university will also
publish the process which individual may seek have device
added the list permitted devices.
19.
President means the president the university his/her designee.
20.
Sexual misconduct means one more the following:
Sexual violence and other non-consensual sexual contact
actual attempted physical sexual acts perpetrated against
person force without consent;
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
Sexual harassment unwelcome conduct sexual nature
that sufficiently severe pervasive create
intimidating, hostile, offensive environment;
Other unwanted non-consensual sexual conduct including
but not limited indecent exposure, sexual exploitation
voyeurism, non-consensual photographing audiorecording video-recording another state full
partial undress while engaged sexual activity, publishing disseminating such materials.
21.
Stalking means engaging course conduct that directed
toward another person that conduct would cause reasonable
person suffer substantial emotional distress fear for the
persons safety the safety that persons immediate family
member close acquaintance, and that person fact fears for
his/her safety the safety that persons immediate family member close acquaintance.
22.
Student for purposes this Student Code Conduct means any
person who currently admitted registered who participates
university function, such orientation, anticipation enrollment,
who was enrolled previous term who was registered for
future term, including faculty member other employee
admitted, registered, enrolled.
23.
Student organization means organization group which has
been registered has received recognition according university
policies and procedures affiliated with university.
24.
Title means Title the Education Amendments 1972,
U.S.C. 1681 seq.
25.
Title Coordinator means the individual designated each
University oversee compliance with the nondiscrimination and antiharassment provisions the Student Code Conduct.
26.
University means either the University Arizona, Arizona State
University, Northern Arizona University, any other university campus
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00 division governed the board.
27.
University community means all university students, employees, and
guests.
28.
University property means all resources, including but not limited
real and personal property, money, and intellectual property owned,
operated, leased to, contracted by, controlled, the possession university the board.
29.
University-sponsored activity means any activity off campus
authorized, supervised, controlled university.
30.
Vice President for Student Affairs means the administrative officer
bearing such title, similar title, his/her designee.
31.
Weapon refers any object substance designed (or which
could reasonably expected to) inflict wound, cause injury,
incapacitate, cause death, including, without limitation, all firearms
(loaded and unloaded, simulated and real), devices designed expel projectile (such guns, air guns, pellet guns, and potato guns),
swords, knives with blades inches longer, martial arts weapons,
bows and arrows, and chemicals such tear gas, but personal safety
devices defined above are not included the definition
weapon.
Prohibited Conduct
All forms student academic dishonesty, including but not limited
cheating, fabrication, facilitating academic dishonesty, and plagiarism.
Endangering, threatening, causing physical harm any member
the university community oneself, causing reasonable
apprehension such harm engaging conduct communications
that reasonable person would interpret serious expression
intent harm.
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
Violating the terms any disciplinary sanction imposed for earlier
violation the Student Code Conduct other board university
rules.
Violation of, attempt violate, other rules that may adopted
the board the university.
Impersonation another, using another person identity, furnishing
materially false information, including manufacturing possession
false identification.
Initiating, causing, contributing any false report, warning, threat fire, explosion, other emergency.
Failure comply with the directions university officials agents,
including law enforcement security officers, acting the good faith
performance their duties. This section not intended prohibit the
lawful assertion individual Fifth Amendment right against selfincrimination.
Forgery, falsification, fabrication, unauthorized alteration, misuse
campus documents, records, identification, including, but not limited
to, electronic software and records.
Unauthorized presence unauthorized use university property,
resources, facilities.
10.
Unauthorized access to, disclosure of, use any university
document, record, identification, including but not limited to,
electronic software, data, and records.
11.
Interfering with disrupting university university-sponsored
activities, including but not limited classroom related activities,
studying, teaching, research, intellectual creative endeavor,
administration, service the provision communication, computing emergency services.
12.
Misrepresenting oneself organization agent university.
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
13.
Possession property the student knows has reason believe
may stolen misappropriated.
14.
Misuse, theft, misappropriation, destruction, damage, unauthorized
use, access, reproduction property, data, records, equipment
services belonging the university belonging another person
entity.
15.
Violation the board university rules applicable laws governing
alcohol, including consumption, distribution, unauthorized sale,
possession alcoholic beverages.
16.
Unauthorized use, sale, possession, distribution any controlled
substance illegal drug possession drug paraphernalia that
would violate the law.
17.
Off-campus conduct that reasonable person would believe may
present risk danger the health, safety security the board
university community the safety security the board
university property.
18.
Gambling prohibited applicable law, university policy,
associated with any university event.
19.
Engaging in, supporting, promoting, sponsoring hazing violating
the board university rules governing hazing.
20.
Stalking engaging repeated significant behavior toward another
individual, whether person, writing, through electronic means,
after having been asked stop, doing such degree that
reasonable person, subject such contact, would regard the contact unwanted.
21.
Engaging discriminatory activities, including harassment and
retaliation, prohibited applicable law university policy.
22.
Interfering with any university review, investigative disciplinary
process, including but not limited tampering with physical evidence
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00 inducing witness provide false information withhold
information.
23.
Sexual misconduct.
24.
Use, possession, display, storage any weapon, dangerous
instrument, explosive material device, torch, device with open
flames, fireworks, bomb-making materials dangerous chemical
university property, university sponsored activity violation
law university policy, not permitted unless one the following
exceptions apply:
25.
Subject A.R.S. 12-781 and other applicable law, person
may lawfully transport lawfully store firearm that both the persons locked and privately owned motor vehicle
locked compartment the persons privately owned
motorcycle, and not visible from the outside the motor
vehicle motorcycle, although the board university may
require that vehicles transporting storing firearms parked alternative parking described A.R.S. 12-781,
Use, possession, display storage specifically authorized Arizona federal statute governing law enforcement
officers writing university officials with the authority
grant such permission,
Universities may permit students possess certain potentially
dangerous instruments, and limited quantities chemicals
other dangerous materials they are used for academic and
other legitimate purposes, the presence these items does
not present undue risk the campus community, and
the proposed use, possession, display storage these items
has been expressly approved writing authorized
university representative.
The possession use for self-defense personal safety
devices are not prohibited this section.
Photographing, videotaping, filming, digitally recording, any other
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
means secretly viewing, with without device, another person
without that person consent any location where the person has
reasonable expectation privacy, manner that violates
reasonable expectation privacy. This section does not apply
lawful security surveillance filming recording that authorized
law enforcement authorized university officials.
26.
Commission any offense prohibited state federal law local
ordinance.
Any attempt commit conceal act misconduct prohibited these
rules subject sanctions the same extent completed acts.
University Responses Alleged Code Violations addition to, place of, educational response intervention,
the dean students may impose one more the following
disciplinary sanctions (e.g., expulsion, suspension degree
revocation) take administrative action (e.g., probation, warning,
administrative hold, interim action) for any violation the Student
Code Conduct:
Expulsion: Permanent separation the student from the
university. indication expulsion may appear the
students transcript. The expelled student will not participate
any university-sponsored activity and will barred from
university property. expelled student will ineligible
attend Arizona State University, Northern Arizona University,
the University Arizona any other university campus
division governed the board unless approved according
paragraph G.2 (a) and (b).
Suspension: Temporary separation the student from the
university for specified period time, until specific
conditions, imposed, have been met. indication
suspension may appear the students transcript. Except
where prior approval has been granted the Dean
Students, suspended student will not participate any
university-sponsored activity and will barred from the
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
university campus. suspended student will ineligible
attend Arizona State University, Northern Arizona University,
the University Arizona any other university campus
division governed the board until the conditions
suspension have been met.
Degree Revocation: university may revoke degree,
certificate other academic recognition previously awarded
that university student. Notice any degree revocation will
appear the student transcript. the university previously
communicated the award degree, certificate other
academic recognition third party, may provide notice
that entity the revocation.
Probation: Removal the student from good conduct standing.
Additional restrictions conditions may also imposed.
Probation will last for stated period time and until specific
conditions, imposed, have been met. Any violation these
rules, the conditions probation, other university rules
committed during the probationary period will subject the
student further discipline, including suspension expulsion.
Warning: written statement advising the student that
violation the Student Code Conduct has been committed
and that further misconduct may result more severe
disciplinary action.
Administrative Hold: status documented the registrars
official file which may preclude the student from registering,
from receiving transcripts, from graduating until clearance
has been received from the Dean Students accordance
with university rules.
Restricted Access University Property: student access
university property, including but not limited research,
communication and computing resources, may restricted for specified period time until certain conditions are met.
Organizational Sanctions: Sanctions for organizational
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
misconduct may include revocation the use university
property privileges for period time, revocation denial recognition registration, suspension social
intramural activities events, well other appropriate
sanctions permitted under the Student Code Conduct
other rules the university.
Interim Action: The dean students may impose restrictions student suspend student for interim period prior
resolution the Student Code Conduct proceeding.
Academic Conduct: Each university may adopt procedures
regarding student conduct that takes place while participating
academic activities. These procedures may outline sanctions
including but not limited lower-level warnings, administrative
drop from particular class, other sanctions appropriate.
Restitution: Payment the university other persons,
groups, organizations for damage property costs
incurred result the violation this Student Code
Conduct.
Notation Transcript.
Other sanctions permissible under existing university rules. student who has been suspended expelled from one university
will ineligible for admission, enrollment, re-enrollment readmission Arizona State University, Northern Arizona University,
the University Arizona any other university campus division
governed the board except follows:
Each university may adopt rules and procedures consider
request for readmission from student who has been
previously suspended expelled, which shall include criteria used evaluating request for readmission, and shall
provide that decision readmit must approved the Vice
President for Student Affairs the admitting university.
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
Except set forth Section G.2.a, student who has been
suspended expelled one university will not eligible for
admission re-enrollment another university governed
the board until the student has met the conditions for
reinstatement the university which imposed the suspension expulsion. The conditions for reinstatement may waived
whole part the discretion the Vice President for
Student Affairs the admitting university.
Determining What Sanction Impose
Mitigating and aggravating factors may considered. Factors
considered mitigation aggravation include the individuals prior
conduct record, the nature the offense, the severity any damage,
injury, harm resulting from the violation, the payment restitution
the university any victims, any other factors deemed
appropriate under the circumstances, including but not limited the
individual participation approved counseling program.
Repeated violations the Student Code Conduct may result the
imposition progressively more severe sanctions, although any
sanction may imposed appropriate under the circumstances.
Enforcement
Student sanctions shall enforced through use procedures
adopted each university that are consistent with board policies and
applicable laws and regulations
Sanctions for organizational misconduct shall enforced through the
use the procedures adopted each university, consistent with
board policies and applicable laws and regulations
Miscellaneous provisions
The description prohibited conduct shall interpreted broadly consistent with applicable law.
September 2018
Policy Number:
5-308
Policy Name: Student Code Conduct
Policy Revision Dates: 9/2018, 8/18, 6/18, 4/18, 2/18, 6/15,
11/14, 9/14, 6/12, 4/11, 9/09, 8/08, 6/00
The presidents are authorized the board take other actions
adopt other rules protect university property and the safety and wellbeing members the university community and the public.
September 2018