Policy 3:02:00:01 

Subject: General Regulations on Student Conduct and Disciplinary Sanctions

I. Policy Statement

Students enrolled in postsecondary educational institutions and schools are citizens of the state, local and national governments, and of the academic community, and are, therefore, expected to conduct themselves as law-abiding members of each community at all times. Admission to an institution or school of postsecondary education carries with it special privileges and imposes special responsibilities apart from those rights and duties enjoyed by non-students. In recognition of the special relationship that exists between the institution or school and the academic community which it seeks to serve, the State Board of Regents has authorized the presidents of the institutions and directors of the area vocational-technical schools under its jurisdiction to take such action as may be necessary to maintain campus conditions and preserve the integrity of the institution or school and its educational environment.

Pursuant to this authorization and in fulfillment of its duty to provide a secure and stimulating atmosphere in which individual and academic pursuits may flourish, the State Board of Regents has developed the following Regulations which are intended to govern student conduct on the several campuses under its jurisdiction, and which regulations may be expanded or supplemented by each institution and school subject to Board approval. In addition, students are subject to all national, state and local laws and ordinances. If a student's violation of such laws or ordinances also adversely affects the institution's or school's pursuit of its educational objectives, the institutions and schools may enforce their own regulations regardless of any proceedings instituted by other authorities. Conversely, violation of any section of these Regulations may subject a student to disciplinary measures by the institution or school whether or not such conduct is simultaneously violative of state, local or national laws.

II. Disciplinary Offenses

A. Generally, through appropriate due process procedures, institutional or school disciplinary measures shall be imposed for conduct which adversely affects the institution's or school's pursuit of its educational objectives, which violates or shows a disregard for the rights of other members of the academic community, or which endangers property or persons on property owned or controlled by an institution or school.

B. Individual or organizational misconduct which is subject to disciplinary sanction shall include but not be limited to the following examples:

1. Conduct dangerous to others. Any conduct which constitutes a serious danger to any person's health, safety or personal well-being, including any physical abuse or immediate threat of abuse;

2. Hazing. Any act of hazing of any variety by an individual or group;

3. Disorderly conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs other groups or individuals;

4. Obstruction of or interference with institutional or school activities or facilities. Any intentional interference with or obstruction of any institutional or school activity, program, event, or facilities, including the following:

a. Any unauthorized occupancy of facilities owned or controlled by an institution or school or blockage of access to or from such facilities.

b. Interference with the right of any institution or school member or other authorized person to gain access to any activity, program, event or facilities sponsored or controlled by an institution or school.

c. Any obstruction or delay of a campus security officer, fireman, or any official of an institution or school in the performance of his or her duty.

5. Misuse of or damage to property. Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to the institution or school including, but not limited to, fire alarms, fire equipment, elevators, telephones, institution or school keys, library materials and/or safety devices; and any such act against a member of the institution or school community or a guest of the institution or school;

6. Theft, misappropriation, or unauthorized sale. Any act of theft, misappropriation, or unauthorized possession or sale of institution or school property or any such act against a member of the institution or school community or a guest of the institution or school;

7. Misuse of documents or identification cards. Any forgery, alteration of or unauthorized use of institution or school documents, forms, records or identification cards, including the giving of any false information, or withholding of necessary information, in connection with a student's admission, enrollment or status in the institution or school;

8 Firearms and other dangerous weapons. Any unauthorized or illegal possession of or use of firearms or dangerous weapons of any kind.

9. Explosives, fireworks, and flammable materials. The unauthorized possession, ignition or detonation of any object or article which could cause damage by fire or other means to persons or property or possession of any substance which could be considered to be and used as fireworks;

10. Alcoholic Beverages. The use and/or possession of alcoholic beverages on institution or school owned or controlled property;

11. Drugs. The unlawful possession or use of any drug or controlled substance (including any stimulant, depressant, narcotic, or hallucinogenic drug or substance, or marijuana), or sale or distribution of any such drug or controlled substance;

12. Gambling. Gambling in any form;

13. Financial irresponsibility. Failure to meet financial responsibilities to the institution or school promptly including, but not limited to, knowingly passing a worthless check or money order in payment to the institution or school or to a member of the institution or school community acting in an official capacity;

14. Unacceptable conduct in hearings. Any conduct at an institutional or school hearing involving contemptuous, disrespectful, or disorderly behavior, or the giving of false testimony or other evidence at any hearing;

15. Failure to cooperate with institutional or school officials. Failure to comply with directions of institutional or school officials acting in the performance of their duties;

16. Violation of general rules and regulations. Any violation of the general rules and regulations of the institution or school as published in an official institutional or school publication, including the intentional failure to perform any required action or the intentional performance of any prohibited action;

17. Attempts and aiding and abetting the commission of offenses. Any attempt to commit any of the foregoing offenses, or the aiding and abetting of the commission of any of the foregoing offenses (an "attempt" to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission);

18. Violations of state or federal laws. Any violation of state or federal laws or regulations proscribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference.

C. Disciplinary action may be taken against a student for violations of the foregoing Regulations which occur on institutionally or school owned, leased, or otherwise controlled property, or which occur off-campus when the conduct impairs, interferes with or obstructs any institutional or school activity or the missions, processes and functions of the institution or school. In addition, disciplinary action may be taken on the basis of any conduct, on or off-campus, which poses a substantial threat to persons or property within the institutional or school community.

D. For the purposes of these Regulations, a "student" shall mean any person who is registered for study in any institution or school governed by the State Board of Regents for any academic period. A person shall be considered a student during any period which follows the end of an academic period which the student has completed until the last day for registration for the next succeeding regular academic period, and during any period while the student is under suspension from the institution or school.

III. Academic and Classroom Misconduct

A. The instructor has the primary responsibility for control over classroom behavior and maintenance of academic integrity, and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct violative of the general rules and regulations of the institution or school. Extended or permanent exclusion from the classroom or further disciplinary action can be effected only through appropriate procedures of the institution or school.

B. Plagiarism, cheating, and other forms of academic dishonesty are prohibited. Students guilty of academic misconduct, either directly or indirectly through participation or assistance, are immediately responsible to the instructor of the class. In addition to other possible disciplinary sanctions which may be imposed through the regular institutional or school procedures as a result of academic misconduct, the instructor has the authority to assign an F or a zero for the exercise or examination, or to assign an F in the course.

If the student believes that he or she has been erroneously accused of academic misconduct, and if his or her final grade has been lowered as a result, the student may appeal the case through the appropriate institutional or school procedures.

IV. Disciplinary Sanctions

A. Upon a determination that a student or organization has violated any of the rules, regulations or disciplinary offenses set forth in these Regulations, the following disciplinary sanctions may be imposed, either singly or in combination, by the appropriate institution or school officials.

B. Definition of Sanctions

1. Restitution. A student who has committed an offense against property may be required to reimburse the institution or school or other owner for damage to or misappropriation of such property. Any such payment in restitution shall be limited to actual cost of repair or replacement.

2. Warning.The appropriate institutional or school al may notify the student that continuation or repetition of specified conduct may be cause for other disciplinary action.

3. Reprimand. A written reprimand, or censure, may be given any student or organization whose conduct violates any part of these Regulations. Such a reprimand does not restrict the student in any way, but does have important consequences. It signifies to the student that he or she is in effect being given another chance to conduct himself or herself as a proper member of the institution/school community, but that any further violation may result in more serious penalties.

4. Restriction. A restriction upon a student's or organization's privileges for a period of time may be imposed. This restriction may include, for example, denial of the right to represent the institution or school in any way, denial of use of facilities, parking privileges, participation in extracurricular activities or restriction of organizational privileges.

5. Probation. Continued enrollment of a student on probation may be conditioned upon adherence to these Regulations. Any student placed on probation will be notified of such in writing and will also be notified of the terms and length of the probation. Probation may include restrictions upon the extracurricular activities of a student. Any conduct in violation of these Regulations while on probationary status may result in the imposition of a more serious disciplinary sanction.

6. Suspension. If a student is suspended, he or she is separated from the institution or school for a stated period of time with conditions of readmission stated in the notice of suspension.

7. Expulsion. Expulsion entails a permanent separation from the institution or school. The imposition of this sanction is a permanent bar to the student's readmission to the institution or school.

8. Interim or summary suspension. Though as a general rule, the status of a student accused of violations of these Regulations should not be altered until a final determination has been made in regard to the charges against him, summary suspension may be imposed upon a finding by the appropriate institutional or school official that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well-being of the accused, or of any other member of the institution or school community or its guests, destruction of property, or substantial disruption of classroom or other campus activities. In any case of immediate suspension, the student shall be given an opportunity at the time of the decision or immediately thereafter to contest the suspension, and if there are disputed issues of fact or cause and effect, the student shall be provided a hearing on the suspension as soon as possible.

C. The president of each institution and the director of each area vocational-technical school is authorized, in his or her discretion, to subsequently convert any sanction imposed to a lesser sanction, or to rescind any previous sanction, in appropriate cases.

Source: SBR Meetings, December 2, 1977; March 3, 1978; March 18, 1983; September 30, 1983