Or. Admin. R. 574-031-0040

Current through Register Vol. 63, No. 9, September 1, 2024

Section 574-031-0040 - Sanctions

The following order of sanctions implies neither degree of severity nor appropriateness of the sanction to the number of violations. Multiple sanctions may be assigned. Students will be responsible for any applicable costs for carrying out sanctions. The sanctions that may be assigned include, but are not limited to:

(1) Alcohol/Drug Assessments: A Student may be assigned to complete an alcohol or drug evaluation and to follow the recommendations of the alcohol/drug counselor for treatment or education.

(2) Community Service: The Student or Recognized Student Organization must perform a designated number of hours in service.

(3) Counseling: A Student may be assigned to participate in a counseling intake session and to follow the recommendations of the intake counselor for further counseling sessions.

(4) Deferred Sanction: The execution of any sanction authorized under this Code may be deferred. When deferring a sanction the following will apply:

(a) Assignment of a time limit for the deferred period;

(b) Notice given that subsequent violations of the Code or failure to comply with an existing sanction will terminate the deferment and result in automatic imposition of the original sanction. In the absence of such violation(s), the original sanction will be deemed completed at the end of the deferred period;

(c) The Dean of Students, Student Conduct Coordinator or other hearing officer will hear allegations of a Student's misconduct during the period of the Student's deferred sanction within five Working Days after receipt of the allegations of the Student's misconduct. The original sanction will take effect at the time the Dean of Students, Student Conduct Coordinator or other hearing officer receives notice of the allegations pending this hearing. The Dean of Students, Student Conduct Coordinator or other hearing officer may render a decision in the absence of the Charged Student. The original sanction will remain in effect unless the allegations are not upheld; and

(d) A Student found in violation of the Code during the Student's period of a deferred sanction may appeal the finding through this Code's normal appeal process. The sanction will remain in effect until resolution of the appeal.

(5) Degree Revocation: The University may revoke a degree if a former Student is found to have engaged in academic dishonesty in courses taken leading to the degree, or if the Student is found to have engaged in actions that if known at the time the degree was awarded would have made the Student unqualified for the degree.

(6) Disciplinary Probation: The Student or Recognized Student Organization is placed on a probationary status, with or without loss of designated privileges, which may include the following: restriction on an individual's participation in co-curricular activities, receiving recognition through awards, and eligibility for scholarships. Probation is a serious warning. Probation occurs for a specific period of time or prior to completion of certain specific activities. Violation of probation can result in more severe sanctions for future violations of the Code.

(7) Expulsion: The Student or Student Organization is permanently excluded from the University and may not enjoy academic privileges, participate in any University recognized function, or be allowed to reside in any University residence hall or building.

(8) Interim Sanction for Emergency Reasons: The Vice President for Student Affairs, the Dean of Students, Student Conduct Coordinator, or their designee can invoke an interim, pre-hearing sanction when it is deemed necessary for the health or safety of the Student, other Students, or University Administration or Staff or Faculty. In such instances where a Student is assigned an interim sanction, the Student will receive a hearing within ten Working Days. Only when it is not possible to schedule necessary Witnesses or obtain information significant to the case will the hearing be held more than ten Working Days after assignment of the interim sanction. Interim sanctions include but are not limited to the following:

(a) Expulsion;

(b) Suspension;

(c) No Contact Order;

(d) Removal from Residence Halls; or

(e) Holding Records.

(9) Loss of Privileges: The Student or Recognized Student Organization is denied specific privileges normally associated with Student or group status, such as participation in recognized activities, recognition by the University, use of University facilities or services, or living in University owned student residences.

(10) Mediation: When charges of theft, vandalism, harassment, assault, or other harmful treatment are upheld through the Adjudication process, the Student may be assigned to participate in Mediation with the Victim. Mediation is not provided as an option for allegations involving sexual misconduct or sexual harassment.

(11) Negative Notation on Transcript: There may be an entry of information onto the Student's permanent academic record regarding the Student's violation of the Code. The entry may be permanent or for a specific period and must be noted as such on the transcript. After the expiration of the period of time specified, the notation will be removed upon written request by the Student to the Office of Student Conduct.

(12) No Contact Order: The Student may not knowingly interact with another Student or Member of the University Community specified by the sanctioning person or body. The restriction prohibits the restrained Student from purposefully interacting with the protected person, over the phone, over any electronic source (including email, text messaging, social networks or any other electronic source), in person, and through the mail. Unless specifically stated otherwise in the sanction, the restriction does not prohibit the restrained Student from unintentionally, or out of necessity, being in the same building or vicinity as the protected Student (e.g., eating in the Dining Hall, attending the same class). The sanctioning person or body will determine the time limit for this sanction.

(13) Placement of Judicial Hold on Student account: A Judicial Hold prohibits the Student from registering for classes, sending and receiving transcripts and conducting most forms of business with the University. Holds are intended to be used with a time limit determined by the Dean of Students, Student Conduct Coordinator, or other designee except in the case of expulsion when the Judicial Hold will be placed with no date of termination.

(14) Restitution: The Student or Recognized Student Organization must replace, restore, or pay for damaged, stolen, or misappropriated property.

(15) Revocation of Admission to the University: The University may revoke admission to the University if a Student is found to have provided false or deceptive information on an admission application or other materials for admission (e.g. transcript from another university).

(16) Suspension: The Student or Student Organization is excluded from the University for a specific period and during that period may not enjoy academic privileges, participate in any University recognized function or group, or be allowed to reside in any University residence hall or building. If it is a Student Organization, the group may not function as a recognized group for a specific period of time that can include conditions that must be met prior to reinstatement.

(17) Suspension of Student Status for Medical or Mental Health Reasons Pending Hearing Procedures: When evidence is received from an appropriate health professional which indicates that a Student has a medical or mental health condition which creates a serious and imminent threat to a Member of the University Community, to the Student, or to the educational processes of the University, the Vice President for Student Affairs will review that evidence and may suspend the Student immediately pending a hearing. The hearing must occur within two-three Working Days. The Student may be required to submit to psychological or physical assessment and to authorize release of such records to the Vice President for Student Affairs or other appropriate University officials in order to be re-enrolled in the University.

(18) Warning: The Student or Recognized Student Organization is given written or verbal warning that the behavior violated specified University regulations or policies and is advised that further violations may result in the assigning of more severe sanctions.

(19) Other Sanctions as assigned that are deemed appropriate to the educational/developmental nature of this Code and the Student(s) involved. Failure by a Student to complete the sanctions imposed can result in further Adjudication and sanctions being assigned to the Student. Appeals of sanctions can be made through the appeal process (see OAR 574-032-0120).

Or. Admin. R. 574-031-0040

WOSC 3-1982, f. & ef. 10-20-82; WOSC 3-1989, f. 9-5-89, cert. ef. 9-17-89; WOSC 4-1993, f. & cert. ef. 10-21-93; WOSC 2-1996, f. & cert. ef. 11-12-96; Renumbered from 574-030-0049; WOU 3-2001, f. 8-28-01, cert. ef. 8-31-01; WOU 2-2003, f. & cert. ef. 8-1-03; WOU 2-2005, f. & cert. ef. 8-4-05; WOU 2-2009, f. & cert. ef. 7-29-09; WOU 2-2012, f. & cert. ef. 7-31-12

Stat. Auth.: ORS 351.070 & 351.072

Stats. Implemented: ORS 351.070 & 351.072