Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV:
1. Acts of academic dishonesty, including but not limited to the following:
1a. Cheating: Copying or attempting to copy from an academic test or examination of another student; using or attempting to use unauthorized materials, information, notes, study aids or other devices for an academic test, examination or exercise; engaging or attempting to engage the assistance of another individual in misrepresenting the academic performance of a student; or communication information in an unauthorized manner to another person for an academic test, examination or exercise.
1b. Fabrication or Falsification: Falsifying or fabricating any information or citation in any academic exercise, work, speech, research, test or examination. Falsification is the alteration of information, while fabrication is the invention or counterfeiting of information.
1c. Plagiarism: Presenting the work of another as one’s own (i.e., without proper acknowledgement of the source) and submitting examination, theses, reports, speeches, drawings, laboratory notes or other academic work in whole or in part as one’s own when such work has been prepared by another person or copied from another person. Materials covered by this prohibition include, but are not limited to, text, video, audio, images, photographs, websites, electronic and online materials, and other intellectual property.
1d. Abuse of Academic Materials: Destroying, defacing stealing, or making inaccessible library or other academic resource material.
1e. Complicity in Academic Dishonesty: Helping or attempting to help another student to commit an act of academic dishonesty.
1f. Falsifying Grade Reports: Changing or destroying grades, scores or marking on an examination or in a faculty member’s records.
1g. Impermissible Collaboration: Collaborating on any academic exercise, work, speech, test or examination unless expressly authorized by the faculty member. It is the obligation of the student to know whether collaboration is permitted.
1h. Misrepresentation to Avoid Academic Work: Misrepresentation by fabrication an otherwise justifiable excuse such as illness, injury, accident, etc., in order to avoid or delay timely submission of academic work or to avoid or delay the taking of a test or examination.
1i. Other: Academic units and members of the faculty may prescribe and give students prior notice of additional standards of conduct for academic honesty in a particular course, and violation of any such standard of conduct shall constitute misconduct under this Student Code and the University Disciplinary Procedures.
Any student found guilty of academic dishonesty may be subject to both academic and disciplinary sanctions.
- In cases where a faculty member finds that a student has committed any act of academic dishonesty, the faculty member may, in the exercise of his or her professional judgment, impose an academic sanction as severe as giving the student a failing grade in the course. Before imposing an academic sanction the faculty member shall first attempt to discuss the matter with the student. If deemed necessary by either the faculty member or the student, the matter may be brought to the attention of the student’s major adviser, the faculty member’s department chairperson or head, or the dean of the college in which the student is enrolled. When academic sanction is imposed which causes the student to receive a lowered course grade, the faculty member shall make a report in writing of the facts of the case and the academic sanction imposed against the student to the faculty member’s department chairperson or head and to the Conduct Officer. The student shall be provided with a copy of this report. Further, the faculty member may recommend the institution of disciplinary proceedings against the student for violation of this Student Code, if the faculty member in the exercise of his or her professional judgment believes that such action is warranted.
- In cases where a faculty member’s finding of academic dishonesty is admitted by the student and an academic sanction is imposed by the faculty member, which the student believes to be too severe, the student shall have the right to appeal the severity of the academic sanction through the applicable grade appeal procedure.
- In cases where a faculty member’s finding of academic dishonesty is disputed by the student, the matter shall be referred to the Conduct Officer for disposition in accordance with the University Disciplinary Procedures. Any academic sanction imposed by the faculty member shall be held in abeyance pending a final decision under the University Disciplinary Procedures. If it is determined through these procedures that the student did not commit academic dishonesty, the faculty member’s academic sanction shall be set aside. If it is determined that the student committed academic dishonesty, the faculty member’s academic sanction shall be imposed in addition to any disciplinary sanction which may be imposed under the University Disciplinary Procedures
- The provision of this Student Code relating to academic dishonesty and the procedures applicable thereto do not apply to law students in the College of Law, who are governed by the Honor Code of the College of Law, which may be found on the College of Law’s official website.
3. Forgery, alteration, or misuse of any University document, record, or instrument of identification.
4. Disruption or obstruction of teaching, research, administration, disciplinary, proceedings, and other University activities on or off-campus, including its public service functions on or off-campus, or of other authorized non-University activities.
5. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct that threatens or unreasonably endangers the mental or physical health, safety or reputation of any person or oneself, including any such conduct achieved through means of social media or any other means of electronic communication.
6. Attempted or actual theft of and/or damage to property of the University or property of a member of the University community on or off campus.
7. Hazing, defined as any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with any student organization. Such hazing activity shall include, but not be limited to, whipping, beating, branding, forced and prolonged calisthenics, prolonged exposure to elements, forced consumption of any food, liquor, beverage, drug or harmful substance not generally intended for human consumption, prolonged sleep deprivation, or any brutal treatment of the performance of any act which endanger the physical or mental health or safety of any person.
8. Improper Initiation Rituals, more specifically described as, intentionally adopting or implementing a practice of activity for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or RSO that requires exertion or deprivation or embarrassment over a sustained period of time that can reasonably be expected to interfere with a student’s academic performance, or if publicly known could reasonably be expected to diminish the reputation of the group, RSO, or the University, whether within or outside of the University. Any practice or activity that is not publicly advertised in advance of its implementation shall be presumed to violate this section and the group or RSO shall have the burden of showing that its practice or activity does not violate this section. The express or implied consent of the victim will not be a defense.
9. Failure to comply with direction of University officials or law enforcement officer acting in the course and scope of their University job duties and/or failure to identify oneself to these persons when requested to do so.
10. Unauthorized possession, duplication or use of keys and/or keycards to any University premises or unauthorized entry to or use of University premises.
11. Violation of any UNL or University of Nebraska policy, rule, or regulation published in hard copy or available electronically on the UNL or University of Nebraska websites.
12. Violation of any federal, state or local law.
13. Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances, or drug paraphernalia, except as expressly permitted by law.
14. Use, possession, manufacturing, or distribution of alcoholic beverages on University premises (except as expressly permitted by the University), or public intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under twenty-one (21) years of age in the State of Nebraska.
a. UNL Student Diversion Policy (Seeking emergency treatment for alcohol poisoning or drug reactions)
- Students calling 911 (or similar police/emergency medical services) to assist another person experiencing adverse drug reactions or acute alcohol poisoning or other serious alcohol-related injury are eligible to participate in an alternative to normal Student Code procedure. Students seeking to participate in this alternative must meet with a designated Dean of Students staff member to honestly and openly discuss the circumstances surrounding the incident and the decision to call 911/seek emergency medical services.
- Students who receive emergency medical assistance for acute alcohol poisoning or a serious alcohol-related injury are eligible for an alternative to the normal Student Code procedure. In lieu of discipline, the student must pay for and complete the Brief Alcohol Screening and Intervention for College Students (BASICS) program or such other similar program designated by the University. In addition, the student shall complete such further recommendations made by professional staff as a result of BASICS evaluation, provided that the recommendations do not violate the student’s rights, including but not limited to those rights set forth in the Americans with Disabilities Act.
- Students who qualify for and complete these alternative requirements will have their Student Code charges set aside and the incident will not be recorded in the behavioral conduct record of the student, provided the student commits no additional major violations of the Student Code within a twelve month period.
- In order for this policy to be in effect, emergency medical services (e.g. 911) must be summoned and must respond directly to the situation.
- Students will receive a letter from the Dean of Students or appropriate Residence Hall Director informing them of misconduct charges. Upon meeting with the designated Dean of Students staff member, it will be determined if the student may be eligible for the UNL Student Diversion Policy.
- If the students is deemed eligible for the UNL Student Diversion Policy by the Dean of Students staff member, then upon the student fulfilling the requirements of the policy, the student’s record will indicate no violation of the Student Code.
While the policy diverts penalties within the Disciplinary Procedures, students may still be charged by law enforcement officials with violations of federal, state or local laws.
15. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on University premises or, the use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear for others.
16. Participating in an on-campus demonstration, riot or activity that infringes, or incites others to infringe, on the rights of other members of the University community, including, but not limited to, the ability to legally express oneself, to attend classes or other University activities and programs, or to engage in one’s University job duties.
17. Obstruction of the free flow of pedestrian or vehicular traffic on University Premises or at University sponsored or supervised functions.
18. Conduct that is disorderly or indecent, including public urination; breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University or members of the University community.
A person commits disorderly conduct if she or he:
- Engages in fighting, assault and battery;
- Makes unreasonable noise and continues to do so after being asked to stop; or
- Disrupts a lawful assembly of persons.
19. Theft or other misuse of computer facilities and resources, including but not limited to:
- Unauthorized entry into a file, to copy, use, read, or change the contents, or for any other purpose.
- Unauthorized transfer of a file.
- Use of another individual’s identification and/or password.
- Use of computing facilities and resources to interfere with the work of another student, faculty member or University Official.
- Use of computing facilities and resources to send obscene or abusive messages.
- Use of computing facilities and resources to interfere with normal operation of the University computing system.
- Use of computing facilities and resources in violation of copyright laws.
- Any violation of the University Computer Use Policy (Executive Memorandum No. 16)
21. Turning in false fire alarm or bomb threat or misusing fire safety equipment on University Premises, including any student housing unit is a Student Code violation.
22. Failing to report a fire or any other extremely dangerous condition when known or recognized on the campus.
23. Violation of any student housing unit policy or regulation. (The Housing Contract Policies are found at http://housing.unl.edu/contracts.)
24. Sexual assault or any other uninvited behavior of a sexually explicit nature including but not limited to sexual harassment, dating or domestic violence, and stalking. All allegations of sexual misconduct, including sexual assault, sexual violence, dating violence, domestic violence, or stalking are investigated and addressed following the procedures set forth the “University of Nebraska-Lincoln Response to Allegation of Student Sexual Conduct,” adopted pursuant to Board of Regents Policy 5.3.3, attached to this Student Code as Appendix “A,” or as Appendix “A” may hereafter be amended.
25. Abuse of the University Disciplinary Proceedings, including but not limited to:
- Failure to obey the notice from a Conduct Board or University official to appear for a meeting or hearing as part of the Disciplinary Proceedings.
- Falsification, distortion, or misrepresentation of information before a Conduct Board.
- Disruption or interference with the orderly conduct of a Conduct Board proceeding.
- Filing a malicious or frivolous complaint.
- Attempting to discourage an individual’s desire or efforts to engage in a permitted participation or use of the Disciplinary Procedures.
- Attempting to influence the impartiality of a member of a Conduct Board prior to, and/or during the course of, the Conduct Board proceeding.
- Harassment (verbal or physical) and/or intimidation of a member of a Conduct Board prior to, during, and/or after a disciplinary proceeding.
- Failure to comply with the sanction(s) imposed under the Student Code.
C. Violation of Law and University Discipline
When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Student Code, the University may advise off-campus authorities of the existence of the Student Code and how such matters are typically handled within the University community. The University will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the condition imposed by criminal courts for the rehabilitation of student violators. Individual students and other members of the University community remain free to interact with governmental representatives as they deem appropriate.
D. Referral to Civil or Criminal Authorities
When circumstances warrant, the University administration will refer acts of misconduct to appropriate civil or criminal justice authorities.
Article IV: Student Code of Conduct Disciplinary Procedures
1.1 Right to Disciplinary Proceeding. Except in cases of temporary suspension ordered by the Chancellor or Vice Chancellor for Student Affairs as hereafter provided, suspension, expulsion or other disciplinary sanction for misconduct may not be imposed without a disciplinary proceeding in accordance with these Disciplinary Procedures.
1.2 Student Court Jurisdiction. Nothing in these Disciplinary Procedures shall affect the jurisdiction of the Student Court of the Association of Students of the University of Nebraska (ASUN) with respect to ASUN constitutional matters, RSOs and other non-disciplinary student matters.
1.3 Disciplinary Procedures of Subordinate Conduct Boards. All subordinate conduct boards shall model their disciplinary procedures insofar as possible after these Disciplinary Procedure. See Section 13 relating to subordinate conduct boards.
1.4 Conduct Officer. The Conduct Officer shall mean the Dean of Students or a University official authorized by the Vice Chancellor for Student Affairs to impose sanctions upon students or RSOs found to have violated the Student Code or other published University policies and regulations prescribing standards of student conduct.
2. Rights of the Complainant and Respondent
2.1 Complaint. Any member of the University community may file a written misconduct complaint against a student or RSO alleging misconduct under the Student Code or other policy. Misconduct complaints shall be filed in the Office of Student Affairs.
2.2 Responsibility of the Conduct Officer. If the Conduct Officer determines that the misconduct alleged in a complaint warrants the institution of disciplinary proceedings, he or she shall insure compliance with these Disciplinary Procedures.
2.3 Disqualification of Conduct Officer. In the event the Conduct Officer may be a material witness in any disciplinary proceeding or for any reason cannot perform his or her duties under these Disciplinary Procedures, the Vice Chancellor for Student Affairs shall appoint an acting Conduct Officer to perform such duties.
2.4 Review of Complaint. The Conduct Officer shall make a preliminary investigation of each complaint to determine whether it may be disposed of without institution of disciplinary proceedings. Within 20 school days after receipt of a writer misconduct complaint against a student or RSO, the Conduct Officer must decide on one of three course of action: (a) dismiss the complaint, (b) propose an administrative disposition to the student or RSO, or (c) initiate a disciplinary proceeding before the University Conduct Board or a subordinate conduct board.
2.5 Informal Meeting. The Conduct Officer may conduct an informal meeting with a student or RSO accused of misconduct to discuss the misconduct alleged. Prior to any such informal meeting the student or RSO accused of misconduct shall be appraised in writing of the following:
- The source and nature of the misconduct complaint which has be filed.
- That the student or RSO is entitled to be accompanied by legal counsel or an adviser at the expense of the student or RSO at any meeting or hearing relevant to the misconduct alleged in the complaint.
- That the student or RSO is under no obligation at any time to admit the misconduct alleged or to make any other statement at any meeting or hearing relevant to the misconduct alleged.
During any informal meeting, the Conduct Officer may proceed with administrative disposition of a complaint pursuant to Section 4.2 of these Disciplinary Procedures if the Conduct Officer determines that administrative disposition is appropriate and if the same is accepted by the student or RSO as provided in Section 4.2.
2.6 Failure to Appear. If a student or RSO accused of misconduct fails to appear at an informal meeting requested by the Conduct Officer, the Conduct Officer may initiate disciplinary proceedings before the University Conduct Board of a subordinate conduct board.
3. Temporary Suspension
Pending initiation of disciplinary proceedings by the Conduct Officer, the Chancellor or Vice Chancellor for Student Affairs may at any time temporarily suspend a student from the University or deny a student readmission when the Chancellor or Vice Chancellor for Student Affairs finds and believes from information coming to his or her attention that the presence of the student on the University campus would seriously disrupt the University or constitute a danger to the health, safety or welfare of other persons, the students, or property of the University or members of the University community. If a student is temporarily suspended by the Chancellor or Vice Chancellor for Student Affairs, the Chancellor or Vice Chancellor for Student Affairs shall promptly instruct the Conduct Officer to initiate appropriate disciplinary proceedings against the student within two (2) working days after temporary suspension is imposed. If a student placed on temporary suspension is ultimately found not guilty of misconduct, such student shall be allowed if at all possible to make up academic work missed while on temporary suspension.
4. Administrative and Conduct Board Disciplinary Proceedings.
4.1 General. If the Conduct Officer determines that the institution of a University disciplinary proceeding for alleged misconduct is in the best interests of the University and/or the University community, such proceeding shall be instituted against the student or RSO accused of misconduct in accordance with the procedures for administrative disposition or the procedures for conduct board disposition hereinafter provided.
4.2 Administrative Disposition. The Conduct Officer, in the exercise of his or her reasonable judgment and when agreed to in writing by the student or RSO, shall have authority by administrative disposition of a disciplinary proceeding to impose any of the disciplinary sanctions provided in sections 7. The proposed administrative disposition shall list all Student Code violations with which the student or RSO is being charged as a result of the alleged misconduct. Where an administrative disposition proposed by the Conduct Officer is not accepted in writing by the student or RSO, the student or RSO shall have the right to have the matter of the alleged misconduct referred to the University Conduct Board. The student or RSO shall have three (3) school days within which to accept or reject an administrative disposition proposed by the Conduct Officer. If the student or RSO fails to accept or reject the proposed administrative disposition within such three day period, rejection will be presumed and the matter shall be referred to the University Conduct Board or a subordinate conduct board as provided in Section 4.3.
4.3 Conduct Board Disposition. If a student or RSO rejects administrative disposition of a disciplinary proceeding proposed by the Conduct Officer, the Conduct Officer shall institute a disciplinary proceeding against the student or RSO before the University Conduct Board or before a subordinate conduct board for the misconduct alleged in the complaint. The disciplinary proceeding so instituted shall be limited to those Student Code violation listed in the rejected administrative disposition, unless new evidence becomes available after the administrative disposition was rejected. Further, the Conduct Officer in the exercise of his or her reasonable judgment may institute a disciplinary proceeding for alleged misconduct directly before the University Conduct Board or before a subordinate conduct board without first offering administrative disposition to a student or RSO accused of misconduct.
4.4 Jurisdiction. The University Conduct Board shall have general original jurisdiction under these Disciplinary Procedures to hear and decide any disciplinary proceedings against a student or RSO accused of misconduct. Subordinate conduct boards shall have limited original jurisdiction to hear and decide disciplinary proceedings according to their respective disciplinary procedures. (See Section 13.1(e) relating to jurisdiction of subordinate conduct boards.)
5. University Conduct Board Procedure
5.1 Notice. All disciplinary proceedings before the University Conduct Board shall be instituted by written notice delivered to the student accused of misconduct or delivered to an officer of the RSO accused of misconduct. Such written notice shall contain the following information:
- Source of the misconduct complaint.
- Statement of alleged facts constituting misconduct under the Student Code or other policy.
- Citation of the specific provision(s) of the Student Code of Conduct or other policy alleged to have been violated.
- Description of the pertinent information (e.g. records, statements, images or other information) to be presented in support of the alleged misconduct.
- Date, time and place of the hearing before the Conduct Board. Each hearing shall be at least three (3) school days after the date of receipt of the written notice.
- A statement that the student or RSO accused of misconduct may be accompanied by legal counsel or other adviser at the hearing before the Conduct Board, to be provided at the expense of the student or RSO, and that such legal counsel or adviser may advise the student or RSO, but may not directly participate in the hearing.
- That the student or RSO accused of misconduct is under no obligation to admit the truth of the alleged misconduct or to make any other statement at the hearing relevant to the alleged misconduct, and that refusal to testify or make a statement will not be considered as an indication of guilt.
- That the student or RSO accused of misconduct has the right to inspect before the hearing in the office of Student Affairs ends to present at the hearing, and that the student or RSO will be advised in writing prior to the hearing of any pertinent information subsequently discovered, which the Conduct Officer intends to present at the hearing and given an opportunity to inspect such information.
5.2 Failure to Appear. The student accused of misconduct or a student officer of the RSO accused of misconduct will be expected to be present at the hearing before the Conduct Board. If the student or a student officer of the RSO fails to appear at the time and place designated for the hearing, the Conduct Board shall proceed with the hearing if a majority of the Conduct Board members present are satisfied that the student or RSO has received written notice as required by Section 5.1. The Conduct Board will then proceed in the absence of the student or RSO and render a decision, based upon the information presented at the hearing.
5.3 Quorum. Every student or RSO accused of misconduct in disciplinary proceedings before the Conduct Board is entitled to a hearing by a quorum of the Conduct Board. A quorum will consist of at least two faculty members and three student members of the Conduct Board. If a quorum is not present, the student or student officer of the RSO, as the case may be, and the Conduct Officer may stipulate and agree in writing that the Conduct Board hearing may be conducted and the case may be decided by those Conduct Board members present even though a quorum has not been established. If there is no such stipulation, the hearing shall be rescheduled as soon as is reasonably possible.
5.4 Status Pending Conduct Board Proceedings. The status of a student accused of misconduct shall not be altered an the right of a student to be present on campus and to attend classes shall not be suspended during the time of any pending disciplinary proceeding against the student unless the Chancellor or the Vice Chancellor for Student Affairs determine that suspension of the student is required for compelling reasons, including but not limited to the protection of the health, safety or welfare of the student, other persons, or the property of the University and/or the members of the University community. The status of an RSO accused of misconduct shall not be altered pending any disciplinary proceeding, unless the Chancellor or Vice Chancellor for Student Affairs determines that suspension of the RSO from the University is required for compelling reasons in order to protest the health, safety or welfare of the members of the University community, their property or that of the University.
5.5 Disqualification of a Conduct Board Member
- If any member of the Conduct Board believes that associations, relationships, or other circumstances exist such that he or she is unable, or is perceived to be unable, to render a fully fair and impartial decision, such Conduct Board member shall disqualify himself or herself from participation in the proceeding. Additionally, a member my elect not to serve on the Conduct Board for a particular proceeding if the member in the exercise of reasonable discretion believes there may be an appearance of impropriety by serving as a member of the Conduct Board for that proceeding. The foregoing shall not relieve the Conduct Board from the requirement of maintaining a quorum as required by Section 5.3 above.
- At the beginning of any hearing before the Conduct Board, prior to any presentation of pertinent information related to the alleged misconduct, each member of the Conduct Board shall state and affirm on the record that to the best of their knowledge and belief, he or she is able, and knows of no reason why, he or she would be unable, or would be perceived as unable, to render a fully fair and impartial decision for the matter before the Conduct Board.
5.6 Conduct Board Hearings Closed. All hearings of the Conduct Board shall be private and closed to the public; provided that the Complainant, the Respondent and their advisors, if any, shall be allowed to attend the entire portion of the hearing at which information is presented. Admission of any other person to the hearing shall be at the discretion of the Conduct Board in consultation with the Conduct Officer. Neither the Complainant, nor the Respondent, nor their advisors, if any, shall be allowed to attend the deliberations of the Conduct Board.
5.7 Right to Separate Hearing. In any proceeding involving more than one Respondent, any Respondent may request and the Conduct Board, at its discretion may grant, a separate disciplinary proceeding before the Conduct Board.
5.8 Hearing During the 15th Week, Finals Week and Summer Sessions. Conduct hearings may not be available during the last two weeks of each semester (15th Week and Finals Weeks) and during summer school sessions. During these time periods the Vice Chancellor for Student Affairs may designate one or more hearing officers who shall be authorized to serve as the Conduct Board, to conduct hearings and render decisions in disciplinary proceedings in accordance with the procedures governing the Conduct Board to the extent reasonably applicable.
5.9 Decisions. The Conduct Board shall render a written decision in each proceeding in accordance with the requirements of Sections 7.1 and 7.2 of these Disciplinary Procedures.
6. Rules Applicable to the Conduct Board Hearing
6.1 Pertinent Information and Summary Presentations. Pertinent information related to the alleged misconduct shall be submitted in the following order: (i) information presented by the Conduct Officer in relation to the alleged misconduct, (ii) information presented by the student or RSO accused of misconduct, and (iii) further information or explanation presented by first, the Conduct Officer, followed by the accused student or RSO, such presentations to be confined to rebutting the other’s information presented at the hearing. After the presentation of all pertinent information, the Conduct Officer shall be given the opportunity to make a presentation summarizing the information and position of the University, followed by a presentation by the student or RSO summarizing the Respondent’s position.
6.2 Witnesses. The Conduct Board, the Complainant and the Respondent may arrange for witnesses to present pertinent information to the Conduct Board. Witnesses will provide information to and answer questions from the Conduct Board. Questions may be suggested by the Complainant or the Respondent to be answered by each other or by other witnesses. This will be conducted the Conduct Board with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the chairperson of the Conduct Board.
6.3 Attorney or Adviser Not Allowed to Participate in Hearing. An attorney or other adviser for a Complainant or a Respondent may be present at the hearing solely to advise, and may not directly participate in the hearing. Without limiting the generality of the foregoing sentence, an attorney or other adviser shall not be permitted to make oral presentation or arguments, ask questions of the Conduct Board examine or cross-examine a witness, or object to testimony of a witness or to introduction of other evidence. Failure of an attorney to abide by this section may result in a ruling against the Attorney’s client for noncompliance with these Disciplinary Procedures. Each of the Complainant and Respondents are expected to present their own pertinent information and, therefore, advisors are not permitted to speak or to participate directly in any hearing before the Conduct Board.
6.4 Evidentiary Rules. Formal rules of process, procedure, and technical rules of evidence, like those applied in criminal or civil court, are not used, nor are they applicable, in proceedings before the Conduct Board. Incompetent, irrelevant, immaterial, and unduly repetitious information may be excluded. The Conduct Board shall in its sole discretion determine whether information shall be heard at the hearing and/or considered in its deliberations.
6.5 Verbatim Record. The Conduct Board shall make a confidential verbatim record of each hearing. Such verbatim record shall be made by such method of recording or recording device as the University deems suitable. The recording shall be the property of the University. Copies of such record may be obtained by a Respondent upon payment of the cost of duplication and used only for the purpose of an appeal under these Disciplinary Procedures or as otherwise required by law. In no event shall the record of a Conduct Board hearing be used in a manner which violates the privacy or other rights of any students, University employee or other person, whether such rights are set forth in law or the policies of the University/University of Nebraska. Any form of distribution of the recording, other than as permitted above, shall constituent a separate and actionable violation of the Student Code.
7. Conduct Board Decision
7.1 The Conduct Board’s decision shall be made on the basis of whether it is more likely than not that the Respondent violate the Student Code. After hearing and considering the pertinent information presented, the Conduct Board shall, by a majority vote, render a decision as follows:
- Not in Violation. Misconduct has not been proved; or
- In Violation. Misconduct be been proved. IN this case the Conduct Board may decide not to impose a disciplinary sanction, if mitigating circumstance warrant that no sanction be imposed, or it may decide to impose one or more, or any combination, of the disciplinary sanctions follows:
- Warning – A notice in wiring to the Respondent that the Respondent is violating or has violated specific designated section of the Student Code.
- Probation – A written reprimand for violation of specific designated section of the Student Code:
Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the Respondent is found to violate the terms of the probation or any provision of the Student Code during the probationary period.
- Loss of privileges – Denial of specified privileges for a designated period of time.
- Fines – Previously established and published fines may be imposed.
- Restitution – Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
- Discretionary Sanctions – Work assignments, essays, service to the University, or other related discretionary assignments.
- Residence Hall Suspension – Separation of the Respondent from the residence halls for a definite period of time, after which the Respondent is eligible to return. Conditions for readmission may be specified.
- Residence Hall Expulsion – Permanent separation of the Respondent from the residence halls.
- University Suspension – Separation of the Respondent from the University for a definite period of time, after which the Respondent is eligible to return. Conditions for readmission may be specified.
- University Expulsion – Permanent separation of the Respondent from the University.
- Revocation of Admission and/or Degree – Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violation committed by a student prior to graduation.
- Withholding Degree – The University may permanently withhold awarding a degree, or withhold the award of a degree pending the completion of the Disciplinary Procedures, including the completion of all sanctions imposed, if any.
7.2 Written Decisions; Deliver. The Conduct Board shall render its decisions in writing within ten (10) school days after the conclusion of a hearing. Each decision shall contain findings of fact as well as the Conduct Board’s disposition of the proceedings and shall be delivered to the Office of the Vice Chancellor for Student Affairs together with the verbatim record of the Conduct Board hearing. Within one school day of rendering the decision, a copy of the decision shall be mailed to the Respondent by the U.S. post at the address of record as verified at the hearing, or e-mailed to an address designated by the Respondent at the hearing.
In disciplinary proceedings involving crimes of violence, the Conduct Officer will if, requested by the alleged victims, disclose to the alleged victims whether the Respondent was found in violation of the Student Code. The disciplinary sanctions imposed on any Respondent may be disclosed to the victims at the discretion of the Conduct Officer. Violations of the Student Code which may be considered crimes of violence include, but are not limited to, physical abuse, sexual assault, and hazing.
8. Procedural Interpretation; Supplemental Rule Questions of interpretation arising with respect to the Student Code and its Disciplinary Procedures shall be determined in the discretion of the Conduct Officer. The Conduct Board may adopt supplemental rules and regulations, not in conflict with the provisions of these Disciplinary Procedures, which the Board shall determine to be necessary for the fair and impartial conduct of its proceedings.
A student or RSO found in violation of the Student Code by the Conduct Board may petition the Conduct Board to rehear the proceedings upon the discovery of new and pertinent information within 90 days from the date of the decision of the Conduct Board, except that in cases of suspension a petition for rehearing request may be filed anytime during the term of suspension, and in cases of expulsion there shall be no time limit on the filing of a petition for rehearing. The Conduct Board will judge the sufficiency of the new information, and no appeal may be taken from its decision to either grant or deny the request to rehear the disciplinary proceedings. IF a rehearing is granted, the verbatim record of the original hearing shall be fully admissible and considered by the Conduct Board. In order to prevail, the Respondent must demonstrate that, based upon the new information, the original decision is wrong and should be modified or rescinded.
10. Conduct Board Composition and Term of Office
10.1 Membership. The University Conduct Board shall five student members and four faculty members. The ASUN Senate shall provide the Chancellor with fifteen recommendations from which he or she will select five regular student members and five alternate student members to serve on the Conduct Board. The Faculty Senate shall provide the Chancellor with twelve recommendations from which he or she will select four regular faculty members and four alternate faculty members to serve on the Conduct Board. All members shall attend a Conduct Board training session prior to serving on the Conduct Board.
10.2 Vacancies. Vacancies on the Conduct Board, including temporary vacancies may be filled by the Vice Chancellor for Student Affairs or his or her designee from the list of alternate members appointed by the Chancellor. Should the need arise, the Faculty Senate and the ASUN Senate shall at the request of the Chancellor submit additional lists of alternate members to the Chancellor. Should the Faculty Senate or the ASUN Senate refuse or for any reason fail to submit any of the above-mentioned lists of alternate members to the Chancellor when requested, the Chancellor shall directly make any appointment required to fill a vacancy on the Conduct Board.
10.3 Term of Office. Student members of the University Conduct Board shall be appointed for a term of one academic year from the first day of Fall term classes extending through the last day of Spring term classes. Faculty members shall be appointed for a term of three academic years, with at least one new three-year term commencing each year. Members may be reappointed provided their names are included on the lists submitted to the Chancellor pursuant to Section 10.1. Members may not serve more than two consecutive terms.
10.4 Chairperson. The Conduct Board shall select a student chairperson and a faculty chairperson, either of whom may preside at Conduct Board hearings.
10.5 Removal from the Conduct Board. If any of the following situation occur, a member may be removed from the Conduct Board by the Vice Chancellor for Student Affairs:
- A member fails to respond to meeting notices more than twice in a single semester.
- A student member is found to be in violation of the Student Code.
- A member is found to be in violation of the privacy or other rights of any member of the University community who is involved in a disciplinary proceedings, whether such rights are set forth in law or the policies of the University/University of Nebraska.
The Vice Chancellor for Student Affairs determines, in his or her discretion, that a member has engaged in conduct that so adversely impacts and reflects upon the member’s honesty, integrity, or moral values, so as to render him or her unable to meaningfully and credibly participate in the hearing, deliberations, or decision of the Conduct Board.
11.1 Right of Appeal. A student or RSO found in violation of the Student Code by the University Conduct Board or any subordinate Conduct Board shall have the right to appeal to the University Appeals Board which has exclusive appellate jurisdiction in all disciplinary proceedings.
11.2 Timeliness. Any appeal must be submitted in writing to the University Appeals Board and received in the Office of the Vice Chancellor for Student Affairs within fourteen (14) calendar days after the date of mailing or e-mailing the Conduct Board decision to the Respondent.
11.3 Issues to be Considered on Appeal. The Appeals Board will consider only the following issues on appeal:
- That the information presented to and received by the Conduct Board was not sufficient to support its decision.
- That sanctions imposed by the Conduct Board were excessive and not in keeping with the gravity of the misconduct.
- That the Conduct Board failed to follow the Disciplinary Procedures and that as a result of such failure the student or RSO did not receive a fair and impartial hearing.
An appeal which does not clearly raise in writing one or more of the three issues listed above shall be dismissed without further consideration. The Appeals Board shall limit its review to the issue or issues raised in the written appeal and not others. The Appeals Board shall complete its review of the written appeal within 20 school days after its receipt, and shall promptly issue written notice of its decision to the student or student RSO.
11.5 Record of Proceedings Before the Conduct Board. Upon request by the Appeals Board, the Conduct Office shall deliver to the Appeals Board the record of the Conduct board proceedings, including the recording of the Conduct Board hearing.
11.6 Disposition by Appeals Board. After reviewing an appeal complying with the requirements of Section 11.3, the Appeals Board may decide as follows:
- Affirm the Conduct Board decision, or
- Modify or rescind any sanction imposed by a Conduct Board if the Appeals Board finds that good cause exists for the modification or rescission.
11.8 Quorum. A quorum will consist of one faculty member and two student members. If a quorum is not present, the student or student officer of the RSO, as the case may be, and the Conduct Officer may stipulate and agree in writing that the appeal may be heard by those Appeals Board members present even though a quorum has not been established. If there is no such stipulation, the proceeding shall be rescheduled as soon as is reasonably possible.
11.9 Disqualification of an Appeals Board Member. If any member of the Appeals Board believes that associations, relationships, or other circumstances exist such that he or she is unable, or is perceived to be unable, to render a fully fair and impartial decision, such Appeals Board member shall disqualify himself or herself from participation in the proceeding. Additionally, a member may elect not to serve on the Appeals Board for a particular appeal proceeding if the member in the exercise of reasonable discretion believes there may be an appearance of impropriety by serving as a member of the Appeals Board for that appeal proceeding. The foregoing shall not relieve the Appeals Board from the requirement of maintaining a quorum as required by Section 11.8 above.
11.10 Attorney or Adviser Not Allowed to Participate. An attorney or other adviser for a Complainant or Respondent may be present at any proceedings of the Appeals Board solely to advise, but may not directly participate in the proceedings. Without limited the generality of the foregoing sentence, an attorney or other adviser shall not be permitted to make oral presentations, arguments, or ask questions of the Appeals Board. The Complainants and Respondents are expected to present their own appeal and, therefore, advisors are not permitted to speak or to participate directly in any proceedings before the Appeals Board.
11.11 Verbatim Record. The Appeals Board shall make a confidential verbatim record of its proceedings. Such verbatim record shall be made by such method of recording or recording devices the University deems suitable. The recording shall be the property of the University.
11.12 Appeals During 15th Week, Final Week and Summer Sessions. Appeals Board hearings may not be available during the last two weeks of each semester (15th Week and Finals Week) and during summer school sessions. During these time period the Vice Chancellor for Student Affairs may designate one or more hearing officers who shall be authorized to hear appeals to render decision in accordance with the procedure governing the Appeals Board to the extent such procedures are reasonably applicable.
11.13 Appeals Board Proceedings Closed. All proceedings of the Appeals Board shall be private and closed to the public; provided that the Complainant, the Respondent and their advisors, if any, shall be allowed to attend the entire appeal hearing.
11.14 Appeals Board Decision. The decisions of the Appeals Board shall be final and may not be further appealed within UNL or the University of Nebraska.
12. Appeals and Board Composition and Term of Office.
12.1 Membership. The University Appeals Board shall have four student members and three faculty members. The ASUN Senate shall provide the Chancellor with eight recommendations from which he or she will select four regular student members to serve on the Appeals Board. The Faculty Senate shall provide the Chancellor with six recommendations from which he or she will select three faculty members to serve on the Appeals Board. Members shall attend a Conduct Board training session prior to serving on the Board.
12.2 Term of Office. Members of the University Appeals Board shall
be appointed for a term of one academic year. Members may be reappointed provided their names are included on the lists submitted to Chancellor pursuant to Section 11.1. Members may not serve more than two consecutive terms.
12.3 Chairperson. The Appeals Board shall select a student chairperson and a faculty chairperson, either of whom may preside at Appeals Board hearings.
12.4 Removal from the Appeals Board. If any of the following situation occur, a member may be removed from the Appeals Board by the Vice Chancellor for Student Affairs:
- A member fails to respond to meetings notices more than twice in a single semester.
- A student member is found to be in violation of the Student Code.
- A member is found to be in violation of the privacy or other rights of any member of the University community who is involved in a disciplinary proceedings, whether such rights are set forth in law or the policies of the University/University of Nebraska.
13.1 Subordinate Conduct Boards. The Vice Chancellor for Student Affairs may require that Subordinate Conduct Boards be established by the Director of University Housing in conjunction with the Resident Hall Association, and by the Director of Greek Affairs in conjunction Interfraternity Council and Panhellenic Association. The disciplinary procedures under which a Subordinate Conduct Board will function must be in conformity with these Disciplinary Procedures and shall not become effective until approved by the Vice Chancellor for Student Affairs. All Subordinate Conduct Boards shall be established in accordance with the following requirements:
- Composition. Student members of a subordinate Conduct Board shall be nominated by members of the cognizant student governing or coordinating body and appointed by the Vice Chancellor for Student Affairs. Faculty and staff members of a Subordinate Conduct Board shall be nominated by the cognizant director (University Housing or Greek Affairs) and appointed by the Vice Chancellor for Student Affairs.
- Term of Office. Members of the subordinate Conduct Board shall be appointed for a term of one academic year beginning the first day of Fall term classes and extending through the last day of Spring term classes. Each member has the obligation to attend an orientation session to be held before the first case may be heard.
- Quorum. Each Subordinate Conduct Board will establish its own rules with respect to the quorum required to conduct a hearing.
- Staff Adviser. Subordinate Conduct Boards will have staff advisers from the appropriate departments within the Office of Student Affairs.
- Jurisdiction. Each Subordinate Conduct Board will have limited original jurisdiction as provided in its disciplinary procedures over alleged violations of the Student Code, University policies and rules of specific student groups, e.g. Residence Halls or Greek sororities and fraternities. The specific jurisdiction and issues relating to interpretation of jurisdiction, of any Subordinate Conduct Board shall be deiced by the vice Chancellor for Student Affairs.
- Decision. After hearing a case, a Subordinate Conduct Board may decide as follows:
1. Not Responsible. Misconduct has not been proved; or
2. Responsible. Misconduct has been proved. In this case a Subordinate Conduct Board may decide to not impose a disciplinary sanction, if mitigating circumstances warrant that no sanction be imposed, or it may decide to impose one or more of the following disciplinary sanction:
a. Warning: A notice in writing to the Respondent that the Respondent is violating or has violated specific designated sections of the Student Code or other applicable rules.
b. Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
c. Conduct Probation: A written reprimand for violation of specific designated section of the Student code or other applicable rules. Probations is for a designated period of time and includes the probability of more severe disciplinary sanctions, if the Respondent is found to violate the terms of the probation or any provision of the Student Code or applicable rule, during the probationary period.
d. Behavioral Requirement: A directive to engage in a certain behavior, such as service or denial of privilege provided that the sanction do not violate a students’ rights, including but not limited to the American with Disabilities Act (e.g. required mental health counseling.)
- Appeals. Appeals from decisions of a Subordinate Conduct Board may be made to the University Appeals Board in accordance with Section 11 of these Disciplinary Procedures.
Transcripts of University Academic records will not include information concerning disciplinary action, except in case of expulsion. Information from disciplinary and counseling files will not be made available to unauthorized persons without the express written consent of the person involved, or as otherwise authorized, or required by law. Disciplinary records shall be destroyed seven years after the last sanction was imposed, except in case of expulsion, where disciplinary records shall be permanently maintained. Notwithstanding the foregoing, records of Honor Code violations of the College of Law shall be maintained only as provided by said Honor Code.
15. Readmission after Expulsion
Any student who has been expelled from the University under these Disciplinary Procedures may at any
time after seven (7) years from the date of expulsion request readmission to the University by written petition to the Vice Chancellor for Student Affairs, who may or may not grant readmission at his or her discretion.
Article V: Interpretation and Revision
Any question of interpretation or application of the Student Code shall be referred to the Dean of Students or his or her designee for final determination.
Appendix A: Response to Allegations of Student Sexual Misconduct
1a. Beginning with the University of Nebraska charter in 1869, Nebraska law has provided that no person shall be deprived of the privileges of this institution because of sex. Discrimination on the basis of sex is also prohibited by Federal law.
1b. Sexual misconduct is conduct in violation of University policy and state and federal law that the University will take action to eliminate, prevent, and redress once the University has notice that sexual misconduct has occurred. “Sexual misconduct” includes dating violence, domestic assault, domestic violence, rape, sexual assault, sexual harassment (whether sexual violence is involved or not), and stalking. This policy applies to all University of Nebraska students regardless of sexual orientation or gender identity, and to all programs and activities under the jurisdiction of the University of Nebraska. All students are protected against sexual misconduct under this policy, whether the alleged sexual misconduct is committed by another University student, University employee, or third party. Persons who have been subjected to sexual misconduct may be able to receive assistance from the University regardless of whether a charge or report of any kind is filed.
1c. The University will investigate reported allegations of sexual misconduct and may take appropriate remedial action even if the person allegedly subject to misconduct or the Complainant does not wish to pursue formal charges. Any response by the University may be hindered by a person’s or the Complainant’s desire for anonymity and/or inaction.
1d. Sexual misconduct by or against a student may be investigated by the University whether it is alleged to have been committed on or off campus.
1e. Any person can complain of sexual misconduct against or by a student. Complaints of sexual misconduct may be made using the University’s internal processes at the same time that criminal complaints or charges are pursued with the appropriate law enforcement or external agencies. University internal investigation and disciplinary proceedings are independent of any criminal or external proceedings.
1f. The University may pursue disciplinary action against a student at the same time the student is facing criminal charges for the same offense, even if the criminal prosecution is pending, or has been dismissed, or the charges have been reduced.
Complaints regarding sexual misconduct against a student by a student can be made to the:
- UNL Student Affairs Officer Laurie Bellows, PhD
214 College of Business Administration
- UNL Title IX Coordinator
128 Canfield Administration Building
- UNL Human Resources Office
Bruce Currin, Director
407 Canfield Administration Building
2.Investigations of Alleged Sexual Misconduct; Disciplinary Complaints
2a. Upon receipt of a sexual misconduct complaint or report, the University will provide the Complainant a written notice describing the options of pursuing a criminal complaint with a law enforcement agency, filing an administrative charge with an external agency, and/or using the University’s investigation and disciplinary processes. The Complainant may go forward with one or more options at the same time, but the University’s investigation may need to be delayed temporarily by, or scheduled around, an ongoing criminal or external administrative investigation.
2b. Any member of the University community may submit allegations of sexual misconduct against a student. Allegations shall be prepared in writing and directed to the Student Affairs Officer or designee. The Student Affairs Officer shall then direct the allegation(s) to a Conduct Officer for investigation. Any allegation should be submitted as soon as possible after the alleged misconduct takes place, preferably within, but not limited to, seven (7) University business days after the misconduct occurred.
2c. The Complainant must state, in writing, if he or she wishes to pursue a complaint. If he or she does not wish to pursue the complaint and/or requests that his or her identity remain anonymous, the Student Affairs Officer will make note of that wish in the report. Regardless of the Complainant’s choice, the University is still required to investigate reports of sexual misconduct. The Complainant must be informed if the University cannot ensure anonymity.
2d. The Conduct Officer or Title IX Coordinator shall conduct an investigation to determine if the allegation(s) have merit. Investigations of the allegations should be concluded within (60) calendar days of receipt of a report, and may be permitted a longer completion period under extraordinary circumstances, but both parties must be informed in writing of the extension of
the timeline. If the investigator determines by the greater weight of the evidence that a violation occurred, a recommended disposition should be included in the investigator’s report. If the investigation determines it is more likely than not that the Respondent did not violate the Student Code, the complaint may be dismissed without further proceedings. If both the Complainant and the Respondent agree to the dismissal, the complaint is resolved without any further rights of appeal by either party. If the Complainant objects, he or she may appeal the dismissal decision administratively to the Student Affairs Officer within seven (7) University business days. The Student Affairs Officer will either affirm the investigative determination, or refer the complaint for further proceedings. The Student Affairs Officer’s decision of the dismissal appeal will be final.
- If the Complainant wishes to pursue an Administrative Resolution, the Conduct Officer will determine the Respondent’s position and take actions as necessary.
- If the Complainant wishes to pursue a disciplinary hearing, a formal hearing will be held by a Conduct Officer, or in cases where University Suspension or University Expulsion is sought, a hearing before a Conduct Board must be held.
- After the fact-finding investigation the Complainant, the Respondent, and appropriate university officials shall be given timely access to any information that will be used during Administrative Resolution and/or Formal Hearing proceedings.
3a. “No contact” directives are to be issued in writing to persons involved in any alleged sexual misconduct promptly after the University receives notice of a complaint. Respondents and the Complainant will both be expected to abide by the terms of no contact directives and may go through disciplinary proceedings should they violate the directives.
3b. Students who have been subjected to sexual misconduct or Complainants have access to other available University assistance in changing academic and living situations after an alleged incident, if so requested by the student or Complainant and if such changes are reasonably available. Accommodations to minimize the burden on the student or Complainant may include but are not limited to:
- Change of an on-campus student’s housing to a different on-campus location;
- Assistance from the University in completing the relocation;
- Arranging to end a University housing contract and/or adjusting a student account balance for refund;
- Rescheduling an exam, paper, or assignment;
- Taking an incomplete in a class;
- Transferring between class sections;
- Temporary withdrawal;
- Alternative course completion options;
- Arranging to complete a course or lectures via distance education methods with the assistance of technology;
- Providing increased security at location or activities.
3d. Pending completion of an investigation or University Conduct Proceedings, the Student Affairs Officer may at any time temporarily suspend a student when the Student Affairs Officer finds and believes from information coming to his or her attention that the presence of the Respondent on the University premises would seriously disrupt normal operation of the University or constitute an immediate harm, threat of harm, hostile environment and/or danger to the health, safety, or welfare of the Respondent, the Complainant, any person allegedly subject to sexual misconduct, or any member of the University community. The Student Affairs Officer should work with the appropriate academic Dean in making the decision to discontinue the Respondent’s continued participation as a student prior to the completion of the formal proceedings.
1e. During the suspension described in this section, the Respondent may be denied access to any University premises, including classes, residence hall access, sporting events, and/or all other University programs, activities or privileges for which the student might otherwise be eligible, as the Student Affairs Officer may determine to be appropriate.
1f. If a student placed on interim suspension is ultimately found “not in violation” of the Code, such student shall be allowed, at the reasonable discretion of the appropriate faculty, to make up academic work missed while on suspension.
4. General Provisions Applicable in Cases of Alleged Sexual Misconduct
4a. The Conduct Officer and Conduct Board can hear any allegations of any other violations of the Student Code of Conduct in addition to allegations of sexual misconduct that are directly related to the alleged sexual misconduct. If the Conduct Officer or Conduct Board determines other provisions of the Student Code of Conduct were violated, they may impose proper sanctions.
4b. Any student involved in a Conduct proceeding has the right to confidentiality as mandated by the Family Educational Rights and Privacy Act of 1974 (FERPA) and implementing regulations.
4c. No process implemented under this Sexual Misconduct Procedure shall be open to the public. The complaining party and the Respondent are entitled to the same opportunities to have others present during a disciplinary proceeding subject to conditions established by the Conduct Officer or Conduct Board. Witnesses may be sequestered and attendance at hearings may be restricted to the Complainant, Respondent and advisors.
4d. In such cases when a student fails to appear before the Conduct Officer or Conduct Board, a plea of “not in violation” shall be entered on the Respondent’s behalf and the hearing may proceed as scheduled.
4e. In all cases, whether the Respondent is present or not, the evidence in support of the allegations shall be presented and considered.
4f. The determination of the merits of each case shall be made using a greater weight of the evidence standard, meaning it is more likely than not that a proposition (such as violation of the Code) was proven.
4g. The burden of proof shall rest upon the Conduct Officer or Complainant bringing the misconduct charge. A Respondent is presumed not to be in violation of the Code until proven otherwise.
5. Rights of the Complainant and the Respondent in Sexual Misconduct Proceedings
5a. Sexual misconduct proceedings will be conducted by trained University officials to provide a prompt, fair, and impartial process from initial investigation to the final result.
5b. Both a Respondent and the Complainant have the right to see sexual misconduct charges in written form.
5c. Both the Respondent and the Complainant have a right to confidentiality during sexual misconduct proceedings to the extent possible. However, the duty of confidentiality does not preclude the University from conducting a meaningful investigation or reporting such incidents as required. The duty of confidentiality shall also extend to all persons involved in processing the complaint and the investigation. The Complainant has a right to anonymity only to the extent that the Complainant does not wish to file an official complaint with the University or does not wish the University to take any action against the Respondent in regard to the complaint.
5d. All charges shall be presented to the Respondent and the Complainant in written form by a University official or the Conduct Officer within seven (7) University business days after the investigation is complete.
5e. Both a Respondent and the Complainant have a right to prepare a written statement in advance of a formal hearing. Both parties will have the right to view each other’s statement.
5f. The Complainant and the Respondent have the right to be assisted by any advisor they choose, including legal counsel, at their own expense.
- The role of the advisor is limited to providing advice to the party who has requested his/her presence in a manner which does not disturb Conduct proceedings. If an advisor fails to act in accordance with these guidelines, he/she may be barred from participation in the Conduct proceedings.
- Direct questioning of the witnesses by the Respondent and Complainant may be limited. The conduct Officer presiding at the hearing or Chair of the Conduct Board may control questioning by requiring the Respondent and Complainant to submit questions in writing to determine if the questions are appropriate, and then the presiding Conduct Officer or Chair may pose questions to the witness.
5i. The Respondent may not be found to have committed sexual misconduct solely because the respondent failed to appear for a conduct hearing.
5j. Sexual misconduct proceedings should be completed in a reasonably prompt time frame.
5k. A Respondent and the Complainant have the right to be notified of the decision rendered. Any initial, interim, and final decision to resolve disciplinary matters must include a statement of any University sanction imposed together with the rationale for the decision.
6. Administrative Resolution Procedures in Cases of Alleged Sexual Misconduct
6a. Both the Complainant and the Respondent may elect to dispose of the claim administratively. The conference will be scheduled not less than three (3), nor more than fourteen (14), University business days after the Conduct Officer’s investigation is complete. The Respondent may elect to acknowledge his or her actions and take responsibility. If the Respondent denies responsibility but the investigation determines that it was more likely than not the Respondent violated the Code, the Conduct Officer could propose a resolution and an appropriate sanction. If both the Complainant and the Respondent agree to the proposed sanction, the complaint is resolved without a formal hearing. Mediation shall not be used to resolve sexual assault complaints.
6b. Administrative Resolution procedures may be discontinued at the request of any participant, or terminated by the Conduct Officer. When Administrative Resolution fails, a formal hearing by a Conduct Officer or Conduct Board must be held.
6c. If University Suspension or University Expulsion is sought and the Complainant or the Respondent cannot agree to the proposed sanction, a hearing must be held before the Conduct Board to determine the proper sanction.
6d. When University Suspension or University Expulsion is not sought, a formal hearing will be held before a Conduct Officer. Unless the parties agree, the Conduct Officer who was responsible investigation of sexual misconduct allegations and/or who attempted an unsuccessful Administrative Resolution will not preside over the formal hearing.
7. Formal Hearings in Cases of Alleged Sexual Misconduct
7a. Both a Respondent and the Complainant shall have the right to attend a pre-hearing conference to discuss the issues and facts that will be presented at the hearing, to exchange information about witnesses likely to be called, answer procedural questions, and settle those matters which may be agreeably concluded. The conference will not be used to settle the issue of whether or not the violation was committed or to challenge any recommended sanctions. This conference shall be held at least two (2) days prior to the scheduled hearing.
- Students will be instructed about the use of past sexual behavior of the Complainant or past sexual assault by the Respondent as evidence at the hearing. In most situations, evidence of the past sexual history of either the Respondent or the Complainant will not be admitted at the hearing except in very limited situations.
7c. Hearings shall conform to the following guidelines:
- In cases where the case is referred to a Conduct Board, the Conduct Board shall be composed of at least 3 members of the University community.
- Any real or perceived conflict of interest or bias between the Conduct Officer presiding at a hearing or a member of the Conduct Board and the Respondent or the Complainant must be brought to the attention of the Conduct Officer or Conduct Board no less than two (2) University business days in advance of the hearing.
- The Respondent(s) and the Complainant and/or the Conduct Officer are responsible for presenting their respective cases to the Conduct Officer presiding at the hearing or the Conduct Board.
- The Conduct Board shall select its own Chair with all members possessing voting privileges.
- In hearings involving more than one Respondent, the presiding Conduct Officer or Chair of the Conduct Board, in his or her discretion, may permit the hearing concerning each student to be conducted separately.
- The Respondent(s), the Complainant, and the Conduct Officer shall have the right to hear all evidence, present evidence, testify, and to hear and question witnesses.
- The Respondent, the Complainant, and the Conduct Officer shall have an opportunity in advance to inspect documents and a list of witnesses for the hearing no less than two (2) University business days in advance of the hearing.
- Pertinent records, facts, reports, and statements may be accepted as evidence for consideration by a presiding Conduct Officer or Conduct Board. Evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs may be admitted and given probative effect. Incompetent, irrelevant, immaterial, and unduly repetitious evidence should be excluded. The rules of privilege recognized by law shall be given effect. Evidence that would not be admissible in a State Court criminal proceedings by reason of the method or manner in which it was acquired shall not be admitted.
- All procedural and evidentiary questions are subject to the final decision of the presiding Conduct Officer or Chair of the Conduct Board.
7e. Within seven (7) University business days following the conclusion of formal hearing proceedings, the presiding Conduct Officer or the Conduct Board Chair shall inform the Respondent, the Complainant, and the Title IX Coordinator in writing, of its findings and of the sanction(s) imposed, if any.
7f. The presiding Conduct Officer and the Conduct Board may seek advice from the University’s Counsel throughout the hearing process on questions of law and procedure. However, the presiding Conduct Officer and Conduct Board are responsible for making their own factual conclusions.
8. Conduct Sanctions Against Individual Student for Sexual Misconduct
Academic misconduct is any action or attempted action that may result in creating an unfair academic advantage for oneself or an unfair academic advantage or disadvantage for any other member or members of the academic community. This includes a wide variety of behaviors such as cheating, plagiarism, altering academic documents or transcripts, gaining access to materials before they are intended to be available, and helping a friend to gain an unfair academic advantage. Individual departments at the University of California, Berkeley, may have differing expectations for students, so students are responsible for seeking out information when unsure of what is expected. Below are some basic definitions and examples of academic misconduct.
Below are types of academic misconduct with examples of each. Please note that this list is not exhaustive.
Cheating is defined as fraud, deceit, or dishonesty in an academic assignment, or using or attempting to use materials, or assisting others in using materials that are prohibited or inappropriate in the context of the academic assignment in question, such as:
- Copying or attempting to copy from others during an exam or on an assignment.
- Communicating answers with another person during an exam.
- Preprogramming a calculator to contain answers or other unauthorized information for exams.
- Using unauthorized materials, prepared answers, written notes, or concealed information during an exam.
- Allowing others to do an assignment or portion of an assignment for you, including the use of a commercial term-paper service.
- Submission of the same assignment for more than one course without prior approval of all the instructors involved.
- Collaborating on an exam or assignment with any other person without prior approval from the instructor.
- Taking an exam for another person or having someone take an exam for you.
Plagiarism is defined as use of intellectual material produced by another person without acknowledging its source, for example:
- Wholesale copying of passages from works of others into your homework, essay, term paper, or dissertation without acknowledgment.
- Use of the views, opinions, or insights of another without acknowledgment.
- Paraphrasing of another person’s characteristic or original phraseology, metaphor, or other literary device without acknowledgment.
- Removing, defacing, or deliberately keeping from other students library materials that are on reserve for specific courses.
- Contaminating laboratory samples or altering indicators during a practical exam, such as moving a pin in a dissection specimen for an anatomy course.
- Selling, distributing, website posting, or publishing course lecture notes, handouts, readers, recordings, or other information provided by an instructor, or using them for any commercial purpose without the express permission of the instructor.
False Information and Representation, Fabrication or Alteration of Information
- Furnishing false information in the context of an academic assignment.
- Failing to identify yourself honestly in the context of an academic obligation.
- Fabricating or altering information or data and presenting it as legitimate.
- Providing false or misleading information to an instructor or any other University official.
Theft or Damage of Intellectual Property
- Sabotaging or stealing another person’s assignment, book, paper, notes, experiment, project, electronic hardware or software.
- Improper access to, or electronically interfering with, the property of another person or the University via computer or other means.
- Obtaining a copy of an exam or assignment prior to its approved release by the instructor.
Alteration of University Documents
- Forgery of an instructor’s signature on a letter of recommendation or any other document.
- Submitting an altered transcript of grades to or from another institution or employer.
- Putting your name on another person’s exam or assignment.
- Altering a previously graded exam or assignment for purposes of a grade appeal or of gaining points in a re-grading process.
Disturbances in the Classroom
Disturbances in the classroom can also serve to create an unfair academic advantage for oneself or disadvantage for another member of the academic community. Below are some examples of events that may violate the Code of Student Conduct:
- Interference with the course of instruction to the detriment of other students.
- Disruption of classes or other academic activities in an attempt to stifle academic freedom of speech.
- Failure to comply with the instructions or directives of the course instructor.
- Phoning in falsified bomb threats.
- Unnecessarily activating fire alarms.