Student Conduct Code
I. INTRODUCTION
The mission of the University of Hawaii - West Oahu (UHWO) is to
develop a liberally educated citizenry, instilled with a desire for life-long learning. In order to achieve this mission, members of the academic community must be able to teach, learn, conduct research and engage in service activities in an atmosphere of intellectual and physical freedom. The creation and maintenance of a campus environment that is conducive to and supportive of these activities is required.
Members of the academic community are prohibited from violating each other's rights or disrupting the basic activities of this institution. When the interests of UHWO are violated by students through disruptive or other impermissible behaviors, penalties ranging from reprimand, probation, restitution, suspension or expulsion may be applied.
Therefore, as provided in the Board of Regents' "Statement on Rights and Responsibilities of the University of Hawaii Community" (Title 20, Chapter 2), the University of Hawaii - West Oahu has established this Student Conduct Code.
II. IMPERMISSIBLE BEHAVIOR
The categories and examples of impermissible behavior which follow are subject to disciplinary sanctions because these behaviors conflict directly with the mission and interests of UHWO. The determination as to whether or not a specific act constitutes a violation of the University's interests may require some degree of judgment, based on the facts and circumstances present. When necessary, such determination shall be made by the Dean of Student Services.
CATEGORY 1 - Interference with the Rights of Others
A student may not behave towards another member of the University community, even in the name of conviction or under a claim of academic freedom, in a manner that denies or interferes with another member's expression of conviction, academic freedom, or performance of legitimate duties or functions.
Interference with Freedom of Speech and the Right to Peaceful Assembly
Freedom of speech and the right to peaceful assembly are possible only in an orderly environment where individuals are not endangered by force or violence, and are free from coercion and interference. Consequently, in the case of demonstrations, behavioral restrictions are deemed necessary to preserve both the orderly functioning of the institution and the right of freedom of speech.
1. Demonstrations which coerce individuals, present a hazard to the safety of any person, or threaten the destruction of property are not permitted. Similarly, authorized speakers and approved public demonstrations may not be disrupted by hostile speakers or
audiences.
2. Conduct which disrupts classes, campus events, institutional
business or any other normal function of the institution,including the discharge of responsibility by any UHWO official, employee or
student, is not permitted. Individuals may not obstruct access to
University facilities nor engage in disruptive noise.
3. Individuals who engage in disruptive behavior or in demonstrations which coerce others or advocate the use of force will be requested to cease such actions by University authorities.
If behavior or demonstrations as described above do not cease in a
reasonable amount of time, the Chancellor or the Chancellor's designee may impose temporary sanctions or may call for assistance from law enforcement authorities when the situation warrants such action.
CATEGORY 2 - Interference with University Processes
Impermissible behavior, as described in this category, includes
that which directly or indirectly interferes with or disrupts the
processes of teaching, learning, research, service, and/or
administration, or those processes or conditions which further
or facilitate these activities.
A. False or Fraudulent Information
1. Intentionally furnishing false information or academic credentials when applying for any program or services, including applying for admission.
2. Forging, altering, misrepresenting or misusing any institutional document, record, or identification, in all forms, including electronic data.
3. Withholding or failing to provide required information to the
institution.
4. Misrepresenting facts in connection with any request for institutional programs or services, or with any request for an
exception to any campus policy, regulation, deadline or
practice.
5. Initiating a false emergency report.
6. Assisting anyone in the commission of any acts in this section.
B. Personal Misconduct
1. Harassing, physically threatening or abusing, verbally threatening or abusing, or behaving in a manner that endangers the health or safety of any person at the University or at any University-sponsored function or event. (Students who engage in sexual harassment are also subject to the University of Hawaii Executive Policy No. E1.203, "Sexual Harassment Policy and Procedural Guidelines, dated July, 1991 attached in appendix.)
2. Theft or willful damage of any material or property belonging
to the University or to any person on campus, including tampering with any computer hardware or software.
3. The unauthorized occupation of, use of, or entry into any
University facility, including both indoor and outdoor facilities.
4. Possessing, reproducing, manufacturing or having manufactured any key or unlocking device for use on University facilities or locks, without proper authorization.
5. Use or possession of bombs, explosives, incendiary devices, or fireworks on campus or at University-sponsored functions or events.
6. Setting a fire on any University property.
7. Initiating a false bomb or fire alarm, or misusing fire safety
equipment.
8. Possessing, selling or using weapons and related paraphernalia, such as firearms, ammunition, and spearguns, on University-owned or-controlled property, or at University-sponsored functions or events, except with the express written permission of an authorized University official.
9. Intentionally obstructing, delaying or preventing University
officials, police officers, fire fighters, security officers from
performing their duties.
10. Behaving in a contemptuous or disorderly manner at any hearing of a campus judicial or review board.
C. Disruption
Creating noise or other disturbances anywhere on campus sufficient
to disrupt University activities, or at University-sponsored functions or events.
D. Abuse of Controlled Substances
1. Intoxicants: The purchase, possession or consumption of alcoholic beverages is regulated by state law, and its use and
consumption on campus is governed by University policies and regulations. Students are expected to know and abide by state law and University rules. (See UH Executive Policy No. E11.202, "Management and Regulation of the Sale, Service, and Consumption of Alcoholic Beverages on University Premises, dated February, 1989.)
2. Illegal Drugs and Substance Abuse: Students are not permitted to be under the influence of, possess, manufacture, distribute, dispense, use or sell illegal drugs as prohibited by Federal and State laws, at University-sponsored or approved events or on University property or in facilities used by the University for its educational or recreational programs. University knowledge of possession or use of illegal substances on campus may subject the
student(s) involved to investigation. (Students are referred to
the UH-West Oahu Student Handbook for more information on illegal drugs. In addition, see the University of Hawaii Executive Policy No. E11.201, "Illegal Drugs and Substance Abuse," dated March, 1989.)
E. Off-Campus Behavior
A student's off-campus behavior must comply with applicable
Federal and State laws. Off-campus behavior shall not be subject
to the Student Conduct Code unless such behavior represents a
threat to the health and/or safety of members of the University
community.
In addition, off-campus behavior which violates the professional
standards of conduct which are an integral part of a professional
discipline may be subject to formal hearing procedures and
sanctions. Academic or professional programs which require
students to abide by such professional standards shall secure the
endorsement of the Chancellor and shall clearly set forth this
requirement to all affected students. Off-campus behavior which
violate such standards shall be adjudged pursuant to hearing
procedures to be established by the program and approved by the
Chancellor.
The hearing process afforded any student so charged must be
consistent with the procedural requirements provided in this
Student Conduct Code.
F. Academic Dishonesty
Because UH - West Oahu is an academic community with high
professional standards, its teaching, research and service purposes are seriously disrupted and subverted by academic dishonesty. Such dishonesty includes cheating and plagiarism as defined below. Ignorance of these definitions will not provide an excuse for acts of academic dishonesty.
1. Cheating includes, but is not limited to, giving or receiving
unauthorized assistance during an examination; obtaining or
distributing unauthorized information about an examination
before it is given; using inappropriate or unallowable sources
of information during an examination; fabricating or falsifying
data in experiments and other research to fit the desired or
expected results; misrepresenting another's work as being
one's own; altering the record of any grade; altering answers
after an examination has been submitted; falsifying any
official University record; or misrepresenting facts in order to
obtain exemptions from course requirements.
2. Plagiarism includes, but is not limited to, submitting in
fulfillment of an academic requirement or to gain recognition
or reward, any document that has been copied in part or in
whole from another person's work without attributing that
borrowed portion to the individual; neglecting to identify as a
quotation another person's idea and/or particular phrasing
that was not assimilated into the student's language or style,
or paraphrasing a passage so that the reader is misled as to
its source; submitting the same written or oral material in
more than one course without first obtaining authorization
from the instructors involved; or "drylabbing," e.g., obtaining
and using experimental data and laboratory write-ups from
other sections of the course or from previous terms, or
fabricating data to fit the desired or expected outcome.
G. Violation of Other Existing University Regulations
Violations of other existing University regulations or policies may subject the affected student to disciplinary actions under this code. The decision as to whether such action will be initiated will be made by the Dean of Student Services after a preliminary investigation and after a determination as to whether or not evidence of probable cause exists to establish that a violation of University regulations or policies has taken place.
III. DISCIPLINARY SANCTIONS
One or more of the following sanctions may be imposed whenever a
student is found to have violated any of the rules contained in this Student Conduct Code:
A. Warning/Reprimand
A warning is verbal or written notice to the student that he/she has violated the Student Conduct Code, and that continuation or
repetition of the prohibited behavior may be cause for further
disciplinary action. A record of the warning will be kept in the
student's file. This sanction may be imposed by the Dean of
Student Services as part of the administrative disposition of any
case without a hearing, or may be imposed by the Chancellor after
a hearing by the Student Conduct Committee.
B. Probation
Disciplinary probation involves written notice to the student,
informing him or her that exemplary behavior is expected for a
specific period of time. A record of the probationary sanction will be maintained in the student's file. This sanction may be imposed by the Dean of Student Services as part of the administrative disposition of any case without a hearing or may be imposed by the Chancellor after a hearing by the Committee.
If a student on probation is charged with further violating the Student Conduct Code, the student will be referred to the Student Conduct Committee and if the Committee finds cause for disciplinary action, will be subject to further disciplinary action.
C. Restitution
Restitution requires a student to provide reimbursement for
damaged or misappropriated property in the form of direct financial compensation, service, or other forms of indirect compensation. This sanction may be imposed by the Chancellor if the student admits he/she was responsible for the damages or loss; otherwise, it may be imposed only after a Student Conduct Committee hearing.
D. Temporary Suspension
Suspension prohibits the student from appearing on-campus, attending any classes or participating in any University activities for a specific period of time. This sanction may be imposed by the Chancellor following a Student Conduct Committee hearing, or may be imposed prior to a hearing in an emergency situation where the student presents a danger to him/herself or others, or where the student's continued presence may substantially disrupt normal campus operations and activities. A notation of this sanction will be made on the student's permanent record.
E. Expulsion
Expulsion is the termination of student status and the denial of
registration for an indefinite period. This sanction may be imposed by the Chancellor after a Student Conduct Committee hearing. Conditions for readmission, if any, shall be stated in the notice of expulsion. The Dean of Student Services shall determine whether or not the conditions for readmission have been met. A notation of this sanction will be made on the student's permanent record.
F. Rescission of Grades or Degrees
Grades or degrees may be rescinded by the Chancellor following a
hearing by the Student Conduct Committee, if the Committee determines that either was received as a result of false information, academic dishonesty, and/or plagiarism.
IV. DISCIPLINARY PROCEDURES FOR VIOLATIONS OF THE STUDENT CONDUCT CODE
The procedures that follow will be used to deal with violations of the Student Conduct Code.
A. Authority of Officials in Implementing the Disciplinary Procedures
1. The Chancellor
The Chancellor is authorized to place students on suspension before hearings when emergency situations, as explained in Part III.D. of this Student Conduct Code, warrant immediate action. In addition, the Chancellor or his/her designee may call for assistance by campus or community law enforcement officials in any situation where the health and safety of students and/or staff are in jeopardy.
Following Student Conduct Committee hearings, and in accordance with the requirements of Part III. of this Student Conduct Code, the Chancellor may impose any of the sanctions described in this Code, whether or not the sanction was recommended by the Committee.
2. The Dean of Student Services
The Dean of Student Services will receive, review and investigate reports of alleged violations of the Student Conduct Code. The Dean may dispose of the matter administratively (see procedures for "Administrative Disposition" which follow) or may refer the case for a hearing by the Student Conduct Committee. The Dean of Student Services may impose the sanctions of warning/reprimand or
probation.
3. Student Conduct Committee
The Student Conduct Committee shall have the jurisdiction and the authority to determine cause and to recommend sanctions to the Chancellor for all cases involving alleged violations of the Student Conduct Code referred to the Committee by the Dean of Student Services. The Committee shall consist of five voting members constituted as follows:
* A chairperson, appointed by the Chancellor.
* Two faculty members, appointed by the Dean of Faculty.
* Two students, appointed by the Dean of Student Services.
Three members of the Committee shall constitute a quorum.
Any member of the Committee who feels that he/she will not
be able to render an impartial judgment as a result of his/her
prior knowledge of the case or of the individuals involved shall
disqualify him/herself before the hearing begins.
Legal assistance is available from the Department of the
Attorney General if needed. In addition, a tape recorder shall
be provided by the Student Services Office for use at
hearings.
B. Pre-Hearing Process
1. Reporting of Infractions
All reports of infractions of the Student Conduct Code shall be
submitted to the Dean of Student Services in writing and signed by the complainant.
2. Preliminary Investigation
Upon receiving a report that an alleged violation of the Code has been committed, the Dean of Student Services or the Dean's designee shall initiate an investigation. The student(s) named in the complaint will be contacted within ten (10) school days to discuss the alleged misconduct with the Dean of Student Services. (This period may be extended if the Dean or the Dean's designee is unavailable.) The student(s) involved shall be informed that the student is under no obligation to admit that the complaint is true, or to make any other statement to any member of the University community regarding the complaint. The Dean of Student Services or the Dean's designee shall inform the student that any information provided by the student may not be held in confidence.
3. Determination of Charge
If, following the preliminary investigation, the Dean of Student
Services or the Dean's designee find that the existing evidence fails to support the complaint, no action will be taken against the accused student. If the Dean of Student Services or the Dean's designee determines that there is cause to believe that a violation of the Student Conduct Code has been committed, he/she may dispose of the charge administratively, or may recommend that a disciplinary hearing by the Student Conduct Committee be held.
4. Administrative Disposition
Following the preliminary investigation, the Dean of Student Services or the Dean's designee shall have the authority to dispose of a case in lieu of proceeding to a formal hearing with the concurrence of the student charged with the violation. In such case, only the sanctions of warning/reprimand or probation may be imposed. The student will be informed in writing of the proposed sanction within ten (10) school days of the completion of the preliminary investigation. The proposed sanction will be sent to the student's last address of record. Upon receipt of the proposal, the student must respond in writing within five school days, indicating acceptance or rejection of the proposed administrative disposition.
If no response is received, or if the charged student rejects the
proposal, the Dean of Student Services or the Dean's designee shall refer the case to the Student Conduct Committee.
The complainant will be informed by the Dean of Student
Services or the Dean's designee of the action taken.
C. Student Conduct Committee Hearing
1. Notification
If the Dean of Student Services or the Dean's designee determines that a hearing before the Student Conduct Committee is necessary, he/she shall so inform the Chancellor and the Dean of Faculty such that the chairperson and faculty members of the Committee may be appointed.
After the Committee has been formed and the date, time and place for the hearing has been determined, the charged student will be sent a written notice by the Chairperson of the Student Conduct Committee via certified mail with return receipt requested at least 15 calendar days prior to the hearing.
Hearings by the Student Conduct Committee will usually not be available during the last two weeks of each semester nor during the summer. During these periods, a hearing before an administrator or a special committee appointed by the Chancellor may be arranged.
The notice of hearing shall include the following:
• The name of the committee before which the hearing is to be held.
• The time, date, and place of the hearing.
• A copy of the Student Conduct Code.
• The particular sections of the Student Conduct Code that are involved.
• An explicit statement of the charges involved, the facts alleged in support of the charges, and the identity of the complainant(s). If the Student Conduct Committee is unable to present detailed facts and issues at the time the notice is served, they may be provided at a later date but prior to the hearing.
• A statement that the accused student is entitled to retain counsel or an advisor, at his or her expense and arrangement, or that the student may appear on his/her own behalf, at any meeting or hearing relevant to the charge.
• A statement that the student has the right to inspect, before any hearing, affidavits or exhibits to be introduced by the Dean of Student Services or the Dean's designee at the hearing.
2. Hearing Procedures
Hearings will be conducted in such a manner as to assure equity to
all involved parties. Having determined through the preliminary
investigation that there is reasonable cause to believe that the
student has committed a violation of the Student Conduct Code,
the Dean of Student Services or the Dean's designee shall present
the case against the student.
a. The charged student and the student's counsel, and the Dean of Student Services or the Dean's designee shall be afforded the opportunity to present evidence and argument on all issues involved.
b. Any procedure in a disciplinary hearing may be modified or waived by mutual agreement between the charged student and the Dean of Student Services or the Dean's designee, subject to the approval of the Student Conduct Committee.
c. Both the charged student and the student's counsel, and the
Dean of Student Services or the Dean's designee shall be present at the hearing. The complainant may also choose to be present. If the charged student is not present, the Committee will proceed to conduct the hearing if its members are satisfied that the student has been given appropriate notice of the hearing as provided in the Student Conduct Code. Under this circumstance, the Committee will hear the evidence, consider the facts and render a judgment in the absence of the charged student.
d. The following process shall apply in all hearings before the
Student Conduct Committee:
• Unless otherwise determined by the Student Conduct Committee, testimony shall be submitted in the following order: testimony submitted in support of the charges, testimony submitted by the accused student, rebuttal testimony in support of the charges, rebuttal testimony submitted by the accused student, and
closing arguments/statements.
• Any oral or written evidence may be presented, but Student Conduct Committee shall exclude irrelevant, immaterial, or repetitious evidence.
• Written evidence may be presented in the form of copies or excerpts if the original is not readily available, provided that the student and the Dean of Student Services may compare the copy or excerpt with the original.
• No testimony shall be received by the Student Conduct Committee when a party to the complaint has not been afforded the right of confrontation and a reasonable opportunity for cross-examination.
• Members of the Student Conduct Committee are entitled to ask questions of any participant at the hearing. The charged student and/or the student's counsel, and the Dean of Student Services and/or the Dean's designee, may ask questions of the Student
Conduct Committee.
• The University shall be responsible for presenting evidence and testimony in support of the charge. Proof that a violation has been committed shall be established when confirmed by a preponderance of evidence
e. All hearings will be closed unless the charged student requests that the hearings be open.
f. In cases involving more than one student, separate hearings
will be allowed if one or more of the charged students requests
separate hearings.
g. The Student Conduct Committee may adopt other rules or establish further regulations as deemed necessary for a fair and impartial hearing provided the rules or regulations are consistent with the provisions of the Student Conduct Code.
3. Records
For the purpose of determining Committee findings and support for
its recommendations, a record of all hearings shall be maintained in the Student Services Office.
Both taped and written records may be preserved by the Committee.
The record shall including the following:
a. All pre-hearing statements
b. All evidence received or considered, including oral testimony,
exhibits, and notices
c. All pleadings, motions, and intermediate rulings
d. Proposed findings and recommendations
e. Reports of the Student Conduct Committee Chairperson
4. Committee Findings and Recommendations
After hearing a case, the Student Conduct Committee shall determine whether the University has reasonable cause to take disciplinary action against the charged student, based on the
evidence received. The Committee may recommend one of the following:
a. No Cause for Disciplinary Action
No violation of the Student Conduct Code has been proven; therefore, no sanction may be taken against the student.
b. Cause for Disciplinary Action
A violation of the Student Conduct Code has been proven. The Committee may recommend one or more of the sanctions provided for in this Code, ranging from warning to expulsion. Within fifteen (15) school days after the hearing, the Student Conduct Committee shall transmit in writing its report to the Chancellor.
5. Chancellor's Review of Committee's Report
a. Before imposing any sanction, the Chancellor will review the
Committee's report and findings to determine the following:
1) Did the Committee follow the procedures contained in the Student Conduct Code?
2) Was the charged student provided an adequate opportunity to present the student's defense at the hearing?
3) Did the evidence presented at the hearing satisfy the requisite burden of proof?
4) Is the sanction recommended by the Committee reasonable in relation to the gravity of the violation?
b. Such review will normally be completed within fifteen (15)
school days, unless the Chancellor will not be available during
that period. Upon completion of his/her review, the Chancellor
will send a copy of the Committee's report via certified mail to
the charged student and the complainant at their last known
addresses. Upon receipt, the charged student shall have five
(5)school days in which to file a written request for review by the Chancellor of new evidence to be submitted by the student. This review does not entitle the student to a full rehearing of the case. The review shall be confined to the record and any newly introduced evidence. If the charged student does not respond or request a review of new evidence by the Chancellor, the Chancellor shall proceed to make a final decision.
6. Chancellor's Decision
a. Within ten (10) school days after mailing the Committee's
report to the charged student, the Chancellor shall make a decision regarding the sanction to be imposed. (If the Chancellor is unavailable, he/she shall make a decision within ten (10) school days of his/her return to campus.) The Chancellor may accept or reject the Committee's recommendation.
b. The Chancellor will notify the charged student of the sanction to be imposed via certified mail with return receipt requested. The chairperson of the Student Conduct Committee and the complainant will also be informed of the decision.
c. The Chancellor's decision shall be final within the University.
d. Instructor's Disposition in Cases of Academic Dishonesty
In cases of admitted academic dishonesty, the instructor may require the student to re-do the assignment, give a reduced grade for the assignment or the course, or give a failing grade for the assignment or the course, following a discussion of the matter with the student. Such cases need not be subjected to a disciplinary hearing and action by the Student Conduct Committee, if, however, the student denies that an act of academic dishonesty was committed, the matter shall be referred to the Dean of Student Services for investigation and disposition.
V. CHANCELLOR'S AUTHORITY IN RELATED SITUATIONS
In situations involving students that are not specifically addressed by the Student Conduct Code, the Chancellor is authorized to take appropriate action such that the intent of the Student Conduct Code is administered.
VI. SEVERABILITY
If any provision of this Student Conduct Code is found to be invalid or illegal, the remaining provisions are severable and shall remain valid.
Approved by Kenneth Perrin, Chancellor, November 14, 1994