Approved 12/2012 by the University Council. In effect as on 1/28/2013.
Pacific University is an academic community – a community where the pursuit of knowledge, understanding and skills are the common ideals, which unite us as its members. An academic community in which students, faculty and staff members come together in voluntary association is based upon the fundamental respect members maintain for themselves and for others. Personal integrity is valued above all else, and each community member is expected to maintain integrity in every situation no matter how trivial. Students are required to engage in responsible social conduct that reflects credit upon the University community and to model good citizenship at all times. Preserving the safety and security of students, faculty, staff, and guests is one of the paramount duties of the University. Responsible membership in the community is exemplified by close attention to the safety of one’s fellow members. Toward these ends, the University has established policies, standards and guidelines that collectively define the Student Code of Conduct.
Nothing in these policies or guidelines is designed, nor should be construed to inhibit students’ abilities to strive for true academic freedom or to think, care, create, and pursue justice in our world.
B. The term “student” includes all persons taking courses at the University, either full-time or part-time, and whether non-degree seeking or pursuing undergraduate, graduate, or professional studies. Persons who withdraw after allegedly violating the Student Code, who are not officially enrolled for a particular term but who have a continuing relationship with the University or who have been notified of their acceptance for admission may be considered “students” for the purposes of this code.
C. The term “faculty member” means any person hired by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty or instructional staff. This includes, but is not limited to, teaching faculty, research faculty, on and off-campus clinical supervisors, and faculty or supervisors working at cooperating institutions or programs.
D. The term “University official” includes any person employed or contracted by by the University, performing assigned administrative or professional responsibilities. This person may, in some cases, be a student as well.
E. The term “member of the University community” includes any person who is a student, faculty member, University official or any other person employed by, contracted with, or invited to the University. A person’s status in a particular situation shall be determined by the Vice President for Enrollment Management and Student Affairs, or his/her designee.
F. The term “University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University, including adjacent streets and sidewalks. This includes, but is not limited to, campuses in Forest Grove, Hillsboro, Eugene, Portland, and any other off-campus clinical sites or student teaching venues used by the University. For the purposes of these regulations and policies, areas visited by students while on tour, while on field trip, while student teaching, while on clinical rotations, or while traveling in University owned or rented vehicles to athletic events, etc., are included.
G. The term “student group” means any number of students who have complied with the formal requirements for University recognition, or any group with student membership that uses University spaces, funds, or materials.
H. The term “Student Conduct Board” means any person or persons authorized by the Student Conduct Advisor to determine whether a student has violated the Student Code and to impose sanctions when a violation has been committed.
I. The term “Student Conduct Officer” means an official authorized by the University to determine whether a student has violated the Student Code and to impose sanctions when a violation has been committed. A Student Conduct Officer may serve as a member of a Student Conduct Board or may adjudicate a case individually.
J. The term “Student Conduct Appellate Board” means any person or persons authorized by the University to consider an appeal of an Officer’s or Student Conduct Board’s decision.
K. The term “shall” is used in the imperative sense.
L. The term “may” is used in the permissive sense.
M. The “Student Conduct Advisor” is that person designated by the Vice President for Enrollment Management and Student Affairs to be responsible for the administration of the Student Code.
N. The term “policy” means the written regulations of the University as found in, but not limited to, the Student Code, Residence Hall Handbook and contracts, the Appropriate Use Policy for Information Technology, and Graduate/Professional and Undergraduate Catalogs, and any other writings deemed appropriate by the University.
O. The “Complainant” brings forward an allegation of a breach of the Student Code which is actionable. The University is the “Complainant,” except in those cases which fall under the sexual misconduct or harassment policies, where the Complainant may be an individual or group.
P. The term “Respondent” means any student accused of violating this Student Code.
Article II: Student Code Authority
A. The Student Conduct Advisor shall determine the composition of Student Conduct Boards and determine which Student Conduct Board shall be authorized to hear each matter.
B. The Student Conduct Advisor shall determine the composition of Student Conduct Appellate Boards and determine which Student Conduct Appellate Board shall be authorized to hear each matter.
C. The Student Conduct Advisor shall develop policies for the administration of the student conduct system and procedural rules for the operation of Student Conduct Board Hearings that are consistent with provisions of the Student Code.
D. Decisions made by a Student Conduct Board and/or Student Conduct Officer shall be final, pending the normal appeal process.
Article III: Proscribed Conduct
A. Jurisdiction of the University Student Code
The University Student Code shall apply to conduct that adversely affects the University Community and/or the pursuit of its objectives. This conduct may occur at any time throughout the calendar year, on University premises, at University sponsored activities, or at any off-campus venue wherein a Pacific student acts. Each student shall be responsible for personal conduct from the time of his/her acceptance of admission through the actual awarding of a degree. The Student Code shall apply to a student’s conduct even if the student severs the relationship with the University while a disciplinary matter is pending. The Vice President for Enrollment Management and Student Affairs, or designee, shall decide whether the Student Code shall be applied to conduct occurring off campus or out-of-term, on a case by case basis.
B. Conduct—Rules and Regulations
Any student found to have committed, to have attempted to commit, or to have significantly aided in the following misconduct is subject to the disciplinary sanctions outlined in Article IV. An attempt to commit a violation is a violation in and of itself. The fact that a student may be influenced by other aspects, such as but not limited to, alcohol or other drugs, during a violation shall in no way limit or excuse the student’s responsibility for the consequences of his/her behavior. A student is also responsible for the behavior of guests and may face disciplinary sanctions for guests’ behaviors even if the student host was not present at the time.
1. Violation of Law – Violation of any federal, state or local law.
2. Violation of University Policy – Violation of any University policy, rule, or regulation published in hard copy or available electronically on the University website.
3. Threatening and/or Endangering Behavior – Physical abuse, sexual misconduct (see University Student Sexual Misconduct policy for additional details), domestic violence, verbal abuse, threats, intimidation, harassment, restraint, coercion, bullying and/or other conduct which threatens or endangers the health or safety of any person.
4. Weapons and Dangerous Materials – Possession of firearms, explosives, other weapons, or dangerous chemicals on University premises or use of any item, even if legally possessed, in a manner that harms, threatens or causes fear to others. Possession or use of any item in a manner that harms, threatens or causes fear to others. Discharge of a firearm on University premises will result in immediate suspension or expulsion.
5. Hazing – Hazing, defined as an act which endangers or jeopardizes the mental or physical health or safety of a student or University community member, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule. This includes, but is not limited to, all violations of applicable hazing laws. Examples of a group may include a team, Greek organization, club, “local” or colloquial clique or circle of people.
6. Property Theft and/or Damage – Attempted or actual theft of, unauthorized use of and/or damage to property of the University, or property of a member of the University community, or other personal or public property, on or off University premises.
7. Key and Entry Card Use – Unauthorized possession, duplication, or use of keys or key cards to any University premises or unauthorized entry to, presence in, or use of University premises.
8. Fire Safety – Deliberately attempting or actually setting a fire which may create substantial risk of damage to person(s) or property, attempting or actually causing a false fire alarm, or attempting or actually tampering with or decreasing the effectiveness of any fire safety equipment. This may include, but is not limited to, covering, attaching to, or hanging items from smoke detectors, fire alarms, and sprinkler heads. Also included is the unsafe storage, handling or use of flammable substances and igniting devices. In addition, the failure or delay to evacuate an area during an alarm or emergency situation.
9. Alcohol – Use, possession, or distribution of alcoholic beverages (except as expressly permitted by University regulations), or obvious intoxication. This includes the promotion of binge drinking or rapid, excessive alcohol consumption, or the aiding of another to obtain alcohol inappropriately. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age. This includes, but is not limited to, all violations of State and Federal laws. All activities and events where alcohol is served must be authorized through appropriate University personnel and conducted in accordance with University regulations.
NOTE: Situations in which students are under the influence of alcohol may present health and safety concerns. The University regards the health and safety of community members as paramount and expects students to be responsible in their use of alcohol. Anyone aware of a health or safety concern should contact emergency personnel immediately.
10. Illegal Substances/Illegal Use of Substances/Paraphernalia – Use or possession of illegal or potentially harmful substances, including, but not limited to, marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law. Possession of items that facilitate the use of illegal substances such as pipes, bongs, and/or homemade devices are prohibited, except as expressly permitted by law. This includes, but is not limited to, all violations of State and Federal laws. Also the illegal or harmful use of legal substances.
11. Distribution and/or Manufacturing of Illegal Substances –The manufacturing or distribution of illegal or potentially harmful substances, including, but not limited to, marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law. This includes, but is not limited to, all violations of State and Federal laws. Because this behavior is actively destructive to the fabric of the community, sanctions related to the conduct will be more severe.
12. Compliance – Failure to comply with directions of University officials, law enforcement officers, or emergency personnel acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so. In some cases “officials” may be students employed to act on behalf of the University.
13. Dishonesty – Acts of dishonesty, including but not limited to the following:
a. Furnishing false information to any University official, faculty member, or office.
b. Forgery, alteration, or misuse of any University document, record, or instrument of identification.
14. Abuse of Conduct System – Abuse of the Student Conduct System, including but not limited to any behavior that attempts to influence, inhibit, or interfere with the Student Conduct process:
a. Falsification, distortion, or misrepresentation of information before a Student Conduct Board.
b. Disruption or interference with the orderly conduct of a Student Conduct Board proceeding.
c. Institution of a student conduct code proceeding in bad faith.
d. Attempting to discourage an individual’s proper participating in, or use of, the student conduct system.
e. Attempting to influence the impartiality of a member of a Student Conduct Board prior to, and/or during the course of, the Student Conduct Board proceeding.
f. Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Board prior to, during, and/or after a student conduct code proceeding.
g. Failure to comply with the sanction(s) imposed under the Student Code. Failure to comply may result in additional sanctions which may include but are not limited to a hold on course registration, transcript release, or housing selection. Restrictions applied may be lifted upon completion of imposed sanctions.
h. Influencing or attempting to influence another person to commit an abuse of the student conduct code system.
i. Retaliation against any individual making a good faith report of a policy violation or for participating or cooperating in the Student Conduct process.
15. Protection of the Greater Good – Failure to act on the concern of one’s own or another’s welfare. Failing to report to a University official dangerous conditions which pose significant risk of property damage or imminent personal harm.
16. Disorderly Conduct – Conduct that infringes on the rights, safety or dignity of others.
17. Abuse of Technology – Theft, misuse, or other abuse of technology facilities, technological systems, and resources belonging to the University or any individual. This includes, but is not limited to, any violation of the Appropriate Use Policy for Information Technology.
18. Unauthorized Recordings – Any unauthorized audio or visual recordings of any person while on University premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to violate reasonable expectations of privacy or to cause or causes injury and/or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in an intimate situation or in a gym, locker room, or restroom. In addition recordings of lectures or presentations may only be made with consent from the presenter.
C. Violation of Law and University Discipline
1. University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following public civil or criminal proceedings at the discretion of the Vice President for Enrollment Management and Student Affairs. Determinations made or sanctions imposed under this Student Code may be subject to change according to University standards, depending on criminal court findings, as determined by the University.
2. The University will not attempt to influence public authorities in their decisions regarding students. If the alleged offense is also being processed under the Student Code, the University may advise authorities of the existence of the Student Code and of 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 in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with University rules or sanctions). Individual students and other members of the University community, acting in their personal capacities, remain free to interact with governmental representatives or public law enforcement as they deem appropriate.
1. Any member of the University community may provide information to a University official, alleging violations of the Student Code. When a University community member thinks that he/she has been a victim of a student’s misconduct, the individual will have the same rights under this Student Code as those provided to the Respondent, even if another member of the University community submitted the charge itself. A report shall be prepared in writing and directed to the Student Conduct Advisor. A report should be submitted as soon as possible after the event takes place.
2. The Student Conduct Advisor will determine if the charges have merit. Some matters may be amenable to administrative disposition by a sole Conduct Officer or Conduct Advisor where the student accepts responsibility. If the alleged violations are not admitted and/or the Conduct Officer determines that the alleged violations cannot be disposed of through this process, a hearing must occur before a Student Conduct Board. If the student admits to a policy violation, but objects to the sanction(s) imposed, s/he may appeal the sanction(s) only. (See Section D. Appeals below for more information.) These dispositions will be documented in the student’s conduct file.
3. All alleged violations shall be presented to the Respondent in written form. The Respondent has the right to view all documents, reports, and evidence related to their alleged violations. For those matters that are referred to a Student Conduct Board, a hearing shall be set not less than two nor more than ten business days after the student has been notified. Maximum time limits for scheduling of Student Conduct Board Hearings may be extended at the discretion of the Student Conduct Advisor.
4. Student Conduct Board Hearings shall be conducted by a Student Conduct Board according to the following guidelines except as provided by article IV(A)(7) and article IV(A)(8) below:
a. Student Conduct Board Hearings normally shall be conducted in private.
b. The Complainant, Respondent and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board Hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Board Hearing shall be at the discretion of the Student Conduct Board and/or its Student Conduct Advisor.
c. In Student Conduct Board Hearings involving more than one Respondent, the Student Conduct Advisor, in his or her discretion, may permit the Student Conduct Board Hearings concerning each student to be conducted either separately or jointly.
d. The Complainant and the Respondent have the right to be assisted by an advisor they choose. The advisor must be a member of the University community and may not be an attorney, unless criminal charges are pending or likely. The Complainant and/or the Respondent are responsible for presenting their own information, and therefore, advisors (including attorney advisors when allowed to serve as advisors) are not permitted to speak or to participate directly in any Student Conduct Board Hearing before a Student Conduct Board. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. The University reserves the right to have Counsel present if a student has an attorney of their choice present during the hearing.
e. The Complainant, the Respondent and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board. The University will try to arrange the attendance of potential witnesses who are members of the University community, if reasonably possible, and who are identified by the Complainant and/or Respondent at least two weekdays prior to the Student Conduct Board Hearing. Witnesses will provide information to and answer questions from the Student Conduct Board.
f. Pertinent records, exhibits, and written statements that are reasonably related to the issues being heard may be accepted as information for consideration by a Student Conduct Board at the discretion of the chairperson.
g. All procedural questions are subject to the final decision of the chairperson of the Student Conduct Board.
h. After the portion of the Student Conduct Board Hearing concludes in which all pertinent information has been received, the Student Conduct Board shall determine (by majority vote if the Student Conduct Board consists of more than one person) whether the Respondent has violated each section of the Student Code which the student is charged with violating.
i. The Student Conduct Board’s determination shall be made on the basis of whether it is more likely than not that the Respondent violated the Student Code.
j. If a violation has been determined to have occurred, the Student Conduct Board will then deliberate upon the question of appropriate sanction to be applied. The student’s previous conduct history and any other pertinent information will be revealed to the Board at this time and may influence the Board’s decision and act to elevate the sanctions applied.
k. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.
5. There shall be a single verbatim record, such as a digital recording, of all Student Conduct Board Hearings before a Student Conduct Board. Deliberations shall not be recorded. The record shall be the property of the University and shall be kept for the appeal period of seven (7) days. In the event of an appeal or circumstances in which sanctions include expulsion, suspension, or removal from residence, the record may be kept by the University for a longer period of time.
6. If a Respondent, with notice, does not appear before a Student Conduct Board Hearing, the information in support of the alleged violations shall be presented and considered even if that Respondent is not present.
7. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent, and/or other witness during the hearing by the use of different venues and/or modalities or other means, as deemed appropriate by the University.
8. In matters involving possible sexual misconduct, the Complainant shall be informed of the existence of all resources available, and the ramifications of each possible course of action. As much as possible, decisions to pursue or not pursue conduct action or invoke administrative intervention will be left to the student reporting the incident, except in those matters when his or her safety, or the safety of others, may dictate that some action or intervention be taken by the University. Details regarding these processes can be found in the Student Sexual Misconduct Policy.
a. Warning—A notice in writing to the student that the student is violating or has violated institutional regulations.
b. Probation—A status that exists for a designated period of time and includes the likelihood of more severe disciplinary sanctions if the student is found in violation of any institutional regulation(s) during the probationary period.
c. Loss of Privileges—Denial of specified privileges for a designated period of time.
d. Fines—Previously established and published fines may be imposed.
e. Restitution—Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement. f. Statement of Particular Behaviors—A document outlining specific, required behaviors.
g. Discretionary Sanctions—Work assignments, essays, community service projects, or other related discretionary assignments.
h. Residence Hall Suspension—Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for re-entry to residential space may be specified.
i. Residence Hall Expulsion—Permanent separation of the student from the residence halls.
j. University Suspension—Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
k. University Expulsion—Permanent separation of the student from the University.
l. 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 violations committed by a student prior to graduation.
m. Withholding Degree—The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.
2. More than one of the sanctions listed above may be imposed for any single violation.
3. The following sanctions may be imposed upon student groups or organizations:
a. Those sanctions listed above in article IV(B)(1)(a)–(i).
b. Specific training or programming requirements.
c. Loss of selected rights and privileges for a specified period of time.
d. Deactivation. Loss of all privileges, including University recognition, for a specified period of time.
a. The Student Conduct Board performing the hearing is composed of at least three Student Conduct Officers, including both staff and students, or,
b. for sanctions IV(B)(1)(h)-(m) and/or IV(B)(3)(c)-(d) to go into effect after being assigned by a Student Conduct Board that does not meet the requirements detailed in IV(B)(4)(a), a Student Conduct Board composed of at least three Student Conduct Officers, including both staff and students, must review the hearing details and uphold, modify, or overturn sanctions IV(B)(1)(h)-(m) and/or IV(B)(3)(c)-(d).
5. Other than University expulsion or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s disciplinary record. Upon graduation, the student’s disciplinary record may be expunged of disciplinary actions other than residence hall expulsion, University suspension, University expulsion, or revocation or withholding of a degree. Cases involving the imposition of sanctions other than residence hall expulsion, University suspension, University expulsion or revocation or withholding of a degree shall be expunged from the student’s confidential record five years after final disposition of the case.
6. In each case in which a Student Conduct Board determines that a student and/or group or organization has violated the Student Code, the sanction(s) shall be determined and imposed by the Student Conduct Board. Following the Student Conduct Board Hearing, the Student Conduct Board shall provide written documentation of its determination and of the sanction(s) imposed to the Respondent, group and/or organization. In cases involving a student Complainant who was the victim of another student’s conduct, the Complainant may also be informed of the Student Conduct Board’s determination and of the sanctions imposed.
C. Interim Suspension
In certain circumstances, the Vice President for Enrollment Management and Student Affairs, or a designee, may impose a University or residence hall suspension prior to the Student Conduct Board Hearing before a Student Conduct Board.
1. Interim suspension may be imposed only: 1) to ensure the safety and well-being of members of the University community or preservation of University property; b) to ensure the student’s own physical or emotional safety and well-being; or c) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University.
2. During the interim suspension, a student may be denied access to the residence halls and/or to University premises (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Vice President for Enrollment Management and Student Affairs or the Student Conduct Advisor may determine to be appropriate.
3. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Board Hearing, if required.
1. A decision reached by the Student Conduct Board or a sanction imposed by the Student Conduct Board may be appealed by the Accused Student(s) or Complainant(s) to the Conduct Advisor within seven (7) days of the decision. Such appeals shall be in writing and shall be delivered to the Student Conduct Advisor or his or her designee. All decisions made by the Appeals Board are final and cannot be appealed.
2. Except as required to explain the basis of new information, an appeal shall be limited to a review of the verbatim record of the Student Conduct Board Hearing and supporting documents for one or more of the following purposes:
a. To determine whether the Student Conduct Board Hearing was conducted fairly in light of the alleged violations and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated, and giving the Respondent a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
b. To determine whether the decision reached regarding the Respondent was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred.
c. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code, which the student was found to have committed.
d. To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Board Hearing.
3. If an appeal is upheld by the Student Conduct Appellate Board based on new evidence, or procedural error, the matter shall be returned to the original Student Conduct Board and Student Conduct Advisor for re-opening of Student Conduct Board Hearing to allow reconsideration of the original determination. If the appeal is upheld based on appropriateness of sanction the Student Conduct Appellate Board will determine final sanctions. If the appeal is upheld due to a lack of substantial information the Student Conduct Appellate Board renders a final decision. If an appeal is not upheld, the matter shall be considered final and binding upon all involved.
Article V: Exceptional Circumstances
A. The University reserves the right, in exceptional circumstances, when the safety and well-being of the University is at stake, to have the Vice President for Enrollment Management and Student Affairs, in consultation with the Student Conduct Advisor and the President, intervene and resolve the matter administratively. Examples of exceptional circumstances would be when the Student Conduct Process is not functioning according to established policy, or in circumstances where a student's behavior warrants a treatment program or placement in a treatment facility, rather than a disciplinary response.
Article VI: Interpretation and Revision
A. Any question of interpretation or application of the Student Code shall be referred to the Vice President for Enrollment Management and Student Affairs or his or her designee for final determination.
B. The Student Code shall be reviewed every year under the direction of the Student Conduct Advisor.