6. University Policies and Guidelines

A. University Guidelines

B. Equal Opportunity and Affirmative Action

The University of Arizona is an equal opportunity and affirmative action institution. The University is committed to meeting the provisions of those federal and state laws, as well as Arizona Board of Regents and University policies that apply to employment and admission to any University program. The University prohibits discrimination on the basis of race, color, religion, sex, national original, age, disability, veteran's status, or sexual orientation and is also committed to maintaining an environment free from sexual harassment and retaliation.

Just as discrimination, by definition, excludes persons because of their race, color, religion, sex, national origin, age, disability, veteran's status, or sexual orientation, affirmative action seeks to include as many qualified persons as possible. The goal of the Equal Opportunity and Affirmative Action Office is to ensure compliance with applicable equal opportunity and affirmative action laws and policies. These policies are designed to protect current and future students and employees, as well as those members of the general public availing themselves of University programs and facilities.

Equal Opportunity and Affirmative Action Office

Employee Responsibilities

Graduate assistants in teaching and instructors, as University employees, have the responsibility to provide a learning environment free from discrimination and harassment and to provide reasonable accommodations for qualified students with a disability. Information is available to assist you in these obligations from the following sources:

• Equal Opportunity and Affirmative Action Offices web site: policies and regulations such as the Equal Employment Opportunity Policy and the Sexual Harassment Policy, information on discrimination (http://fp.arizona.edu/affirm/index.htm)
• Disability Resource Center (DRC) web site: information for instructors, accommodation services, and individual services for students and Employees (http://drc.arizona.edu/)
• Human Resources web site: policy manuals and handbooks such as the University Handbook for Appointed Personnel, Classified Staff Personnel Policy Manual, and Recruitment Policy (http://www.hr.arizona.edu)

The staff at the Equal Opportunity and Affirmative Action Office will be pleased to assist you with concerns and to answer your questions. Please call 621-9449(voice) or 626-6768 (TTY), send e-mail to affirm@email.arizona.edu, or fax 621-2095 to contact someone who can provide you with the assistance you need.

C. Sexual Harassment

Sexual Harassment is Unlawful

Responding to Sexual Harassment

If you suspect that sexual harassment may be occurring, immediately contact the Equal Opportunity and Affirmative Action Office (or the Dean of Students Office if both parties are students).

If you have a conversation with a person alleging sexual harassment, listen, remain objective, and avoid being judgmental. During the conversation:

• Advise the person with the complaint to contact the Equal Opportunity and Affirmative Action Office or Dean of Students if both parties are students.
• Assure the person of your respect for the confidentiality of the conversation, but don't make promises of unconditional confidentiality.
• Ask for the name of the alleged harasser.
• Determine whether there are other recipients of the questionable conduct.
• Assure the person of prompt follow-up.
• Explain that retaliation against the person for bringing the complaint forward is absolutely prohibited.

After the conversation, immediately consult the Equal Opportunity and Affirmative Action Office or the Dean of Students Office to receive guidance on the next steps to assure the situation is addressed in a sensitive, timely, and appropriately responsive manner. If applicable, monitor the classroom or workplace for retaliation.

Sexual Harassment Policy

Contact Offices

When the alleged harassment occurs between students, the Dean of Students Office is the appropriate contact. The Assistant Dean of Students for Judicial Affairs may be contacted at Old Main, Room 211; 621-7059.

In all other cases, information on resolution of sexual harassment concerns, including complaint options, procedures, and deadlines, as well as copies of the Equal Opportunity and Affirmative Action Office Internal Procedures for Investigating Complaints and Conducting Administrative Reviews, are available on-line through the Equal Opportunity and Affirmative Action Office web site at http://fp.arizona.edu/affirm/index.htm, or in hard copy form through Equal Opportunity and Affirmative Action Office, Room 219, University Services Building, 888 N. Euclid Ave; 621-9449(voice), 626-6768 (TDD), 621-2095 (fax), or e-mail affirm@arizona.edu.

D. Code of Academic Integrity

The statement below was drafted by the 1987-1988 Student Community Standards organizations and supported by the Faculty Community Standards organizations. Both groups recognize that faculty and students each have roles in building and honest academic community.

Academic Integrity

Academic integrity is defined as a commitment to honesty by which all University members agree to live. It is an expectation of University membership that involves a personal responsibility to be honest in academic work and to be responsible for one's own actions in all University settings.

The right to participate in this community is contingent upon an individual's assumption of the responsibility to be honest in academic work, and to be responsible for one's own actions in all University settings.

The University has developed and articulated clearly its expectations in the Code of Academic Integrity. Commitment to academic integrity means that community members will not:

1. Represent the work of others as their own:
2. Use or obtain unauthorized assistance in any academic work;
3. Give unauthorized assistance in any academic work;
4. Modify, without faculty approval, an examination, paper, record, or report for the purpose of obtaining additional credit; and / or,
5. Fail to meet other conditions of academic integrity as required by a faculty member for a specific course.

If this code is violated, then consequences follow. Consistent adherence to the code by individual members will strengthen our community and provide a full expressing of our commitment to honesty and responsibility.

Cheating, Plagiarism, and Student Discipline

Preventing Plagiarism

Plagiarism on papers is the most prevalent form of cheating. The dictionary definition of plagiarism is to, "take and use as one's own the writing or ideas of another." There is the obvious case of using someone else's work in total, but many students are not clear about the distinctions among plagiarism, paraphrasing, and quoting. Some students are puzzled about the meaning of using the ideas of another. If you are going to require original research papers in your class, explain to students what you mean by "original" and by "research". Here are some suggestions for preventing cheating on papers:

• Discuss the issues of plagiarism with the class when the papers are assigned. Explain to students the proper procedures for crediting sources.
• Ask for all papers to be handed in with drafts and notes attached.
• Try to assign topics that require new research.
• Inform students that they may be questioned about the sources for their papers.
• If possible, give students a schedule of deadlines for handing in evidence.
• A deterrent might be that students be asked to sign a declaration that the work submitted is their own.

Preventing Cheating on Examinations

When preparing exams and planning exam procedures, try to use methods that will be less likely to encourage cheating. Most students appreciate an instructor's effort to make the testing situation fair to all. Most cheating on exams is through "wandering eyes," "whispering," and "crib-sheets." The following list is intended to make you aware of the potential for cheating on classroom examinations and to suggest methods for preventing it:

• Tell students that cheating will not be tolerated, and that you will enforce University rules on cheating.
• Try to provide an examination room large enough so that you can sit every other seat. You can sometimes get another room to spread out for exams.
• Use alternate forms of exams with scrambled orders or questions. Color-coding the exams is useful for distributing the exams and making sure they are handed out correctly.
• Have enough proctors to monitor the exam. Proctors should be stationed around the room throughout the exam. They should be most vigilant at the end of the exam period during the confusion of turning in the exams. Try to maintain order and quiet when exams are collected.
• To foil the "lost exam gambit," require students to sign an attendance sheet when they turn in their exams. Also, count those present at the exam carefully to make sure the number of examinees agrees with the number of exams.
• All notes and books should be placed out of sight, not on the seat between students.
• When exam "blue books" are used, have students turn them in prior to the exam for stamping and random distribution or have students begin on a particular page.
• Supply any "scratch paper" that you permit students to use during the exam.
• Consider using an open book exam. Alternatively, allow students to bring certain defined materials of their own for the exam. For example, you might allow students to bring one 8-1/2 x 11" sheet of notes.
• If you permit re-grading of exams, photocopy exams and quizzes (or at least a sample of them) before they are returned to students to prevent altered answers.
• Departments should maintain security of exams and materials used in preparing and duplicating exams. There are a few documented cases and many apocryphal tales about theft of exams from department offices and trash bins.

Dealing with Cheating

When cheating does occur, it should be dealt with directly and swiftly. Plagiarism in a term paper or other written assignment cannot be proven unless the original source is found. If you suspect plagiarism, discuss it with the student. Ask about the student's use of sources and methodology. If you suspect that the student has purchased the paper from the "cheating mill," meet with the student to determine if the student can speak intelligently about what is written in the paper.

The "smoking gun" for cheating on exams is hard to come by. Most cheating during exams is through "wandering eyes" and talking. If you suspect a student of wandering eyes or talking, it is best to quickly discuss your observations with the student and ask the student to move to another seat.

Cheating and plagiarism are just a few of the violations of the Code of Academic Integrity. A student found guilty o violating the Code may be subject to any one, or a combination of, the following penalties:

• Loss of credit for the work involved
• A failing grade assigned in the course
• Disciplinary probation, including specific limitations, for a specified period of time
• Suspension from the University for a specified period of time.
• Other penalties as determined by the individual faculty member and allowed by the eCode of Academic Integrity

Students accused of a violation of the Code shall have the following due process:

• The right to a presumption of innocence until guilt is proven by preponderance of the evidence
• The right to notice of charges
• The right to be present when charges and / or evidence are presented
• The right to present their case and to challenge the charges or evidence
• The right to present witnesses
• The right to access to all records and materials pertaining to the case, subject to the requirements of privacy laws
• The right to a finding of fact
• The right to an appeal, as described in the Code of Academic Integrity

Student Disturbances

Code of Academic Integrity

Adopted by Faculty Senate 7 April 1997

Principle

Integrity is expected of every student in all academic work. The guiding principle of academic integrity is that a student's submitted work must be the student's own. This principle is furthered by the student Code of Conduct and disciplinary procedures established by ABOR Policies 5-308 to 5-403, all provisions of which apply to all University of Arizona students. This Code of Academic Integrity (hereinafter"the Code") is intended to fulfill the requirement imposed by ABOR Policy 5-403.A.4. and otherwise to supplement the student Code of Conduct as permitted by ABOR Policy 5-308.D.1.

Prohibited Conduct

Conduct prohibited by the Code consists of all forms of academic dishonesty, including, but not limited to: cheating, fabrication, facilitating academic dishonesty, and plagiarism as set out and defined in the Code of Conduct, ABOR Policy 5-308.E.10.; Modifying any academic work to obtain additional credit in the same course unless approved in advance by the faculty member; failure to observe rules of academic integrity established by a faculty member for a particular course; and, attempting to commit an act prohibited by this Code. Any attempt to commit an act prohibited by these rules shall be subject to sanctions to the same extent as completed acts.

Student Responsibility

Students engaging in academic dishonesty diminish their education and bring discredit to the academic community. Students shall not violate the Code of Academic Integrity and shall avoid situations likely to compromise academic integrity. Students shall observe the generally applicable provisions of this Code whether or not faculty members establish special rules of academic integrity for particular classes. Failure of faculty to prevent cheating does not excuse students from compliance with the Code.

Faculty Responsibility

Faculty members shall foster an expectation of academic integrity and shall notify students of any special rules of academic integrity established for a particular class (e.g., whether or not a faculty member permits collaboration on homework, use of the same paper in more than one class, etc.) and make every reasonable effort to avoid situations conductive to infractions of the Code. An intentionally false charge of violation of the Code shall be treated as a violation of the Code or of the applicable University rules.

Student Rights

Students have the right to a fair consideration of the charges, to see the evidence, and to confidentiality as allowed by law and fairness to other affected persons. Except in the course of authorized consideration of a charge, faculty shall not reveal the identity of students charged or otherwise involved in a violation. Procedures under the Code shall be conducted in a confidential manner, although a student has the right to be advised but not represented in any proceeding under the Code.

Academic Integrity Procedures
I. Faculty-Student Conference: The faculty member of record for the course (i.e., responsible for signing the grade sheet) conducts these procedures. Faculty shall ensure that the student's right to a fair consideration of the charges is observed. The faculty member must confer with the student within 15 working days of receiving evidence of a suspected violation of the code, unless good cause is shown for an extension of no more than 30 working days. The faculty member shall confer with the student in private, explain the allegations, present any evidence, and hear the student's response. If more than one student is involved in an incident, separate conferences are recommended but not required. If the faculty member relies on the observations of witnesses other than him/herself, such persons shall be present at the conference and subject to questioning by the accused student unless there is good cause for their absence (see General Provisions for rights and responsibilities of witnesses). If witnesses are not present, their evidence shall be made available to the student by sworn affidavit. When dealing with students who are unavailable for the conference, students not enrolled in the class, or graduate students, refer to the General Provisions.

After the conference the faculty member shall decide, based upon a preponderance of the evidence, whether or not the student has committed an act prohibited by the Code. If the evidence does not support a finding of a violation, there shall be no record made of the incident and no record maintained in any University files. The student may continue in the class without prejudice.

If the evidence supports a finding that the student has engaged in misconduct, the faculty member shall impose sanctions after considering the seriousness of the misconduct, the student's state of mind, the harm done to the University and to other students, and whether or not the student has previously engaged in conduct prohibited by the Code (contact Dean of Students office). In addition, mitigating and aggravating factors shall be considered in accordance with the provisions of ABOR Policy 5-308.H. A faculty member may impose any one or a combination of the following sanctions: a written warning, disciplinary probation for a specified period of time not to exceed one year, loss of credit for the work involved, reduction in grade, or a failing grade for the course. A faculty member may also recommend suspension or expulsion to a University Hearing Board, which may impose other sanctions. Within ten working days of the conference, the faculty member shall prepare a brief written report outlining the violation, evidence, findings, sanctions imposed, and if suspension or expulsion are recommended. The faculty member shall use the standard form entitled "Record of Faculty-Student Conference," and furnish copies to the student (as provided in the "Notice" section under General Provisions) and to all others as noted on the form. See General Provisions section for grade before appeals.

II. Appeal to Department Head: Students may appeal the findings made and the sanctions imposed by a faculty member to the Head of the Department in which the course was offered or the Associate / Assistant Dean in colleges without departments (hereinafter called "Department Head"). A student shall deliver the written appeal to the Department Head within 10 days of the date on which he / she receives notice of the findings and sanction(s). The Department Head may extend this filing period when appropriate. If a student does not appeal within the time provided, findings and imposition of the faculty member will be final except that recommendations for suspension or expulsion will be heard by a Hearing Board as provided hereinafter.

Within 15 days of receiving the appeal, the Department Head shall review all evidence considered by the faculty member and shall confer with the faculty member and the accused student. The Department Head shall not have authority to modify, rescind, or impose additional sanctions or change grades. If the Department Head finds:
1. that the conclusion of a violation is not supported by the evidence, then he/ she shall recommend to the faculty member a finding of no violation and that the sanction(s) imposed be rescinded.
2. that the conclusion of a violation is supported by the evidence and the sanction(s) imposed is appropriate, then he / she shall support the faculty member's decision.
3. that the conclusion of a violation is supported by the evidence, and the sanction(s) imposed is inadequate or excessive, then he/she shall recommend to the faculty member more appropriate sanctions to be imposed.

The Department Head shall notify both the student and the faculty member in writing of his/her recommendations as provided in the "Notice" section under General Provisions. The Department Head should use the form "Record of Appeal to Department Head" for this purpose. If the Department Head fails to act within the 15 day period, the student may, within 10 working days, appeal to a University Hearing Board by providing written notice of appeal to the Dean of Students Office.

III. Review by Faculty Member: After reviewing the Department Head's recommendations, the faculty member determines whether or not to change the original decision. If the faculty member modifies the decision or sanction(s), he/she shall inform the student in writing within five days of receiving the Department Head's decision (see "Notice" section under General Provisions). The faculty member should use the standard form entitled, "Record of Modification of Sanctions," and send copies to all noted on the form.

If the faculty member decides no violation occurred, all reference to the charge shall be removed from the student's University records, and the student may continue in the class without prejudice. If the semester has ended, the faculty member shall calculate the grade without the sanction. If work was not completed due to the academic integrity allegation, the faculty member and the student shall confer and a grade of "W" or "I" shall be assigned. If a grade of "I" is assigned, the student shall have the opportunity to complete remaining work without prejudice.

IV. Appeal to University Hearing Board: If the student wishes to further pursue the matter, or if the Department Head fails to act within the 15 day period, the student may, within 10 working days, appeal to a University Hearing Board by providing written notice of appeal to the Dean of Students office. If a student does not appeal within the time provided, the decision of the faculty member will be final with the exception that a Hearing Board shall also be convened when a faculty member recommends suspension or expulsion unless the student waives the right to a Hearing Board in writing. The Hearing Board shall follow procedures set in the Student Disciplinary Procedures ABOR Policy 5-403.D. With the following modifications:

1. The Hearing Board shall be composed of three faculty and two students and shall convene within 30 working days of the time the student files the appeal.
2. Wherever the term Vice President of Student Affairs appears, it shall be replaced with Senior Vice President for Academic Affairs/Provost. The Provost is empowered to change grades and the Registrar shall accept the Provost's decision. The Provost is empowered to change grades and the Registrar shall accept the Provost's decision.
3. Wherever the Dean of Students is indicated as presenting evidence or witnesses, it shall be replaced with the faculty member who made the changes.
4. When the student is accompanied by an attorney for purposes of advisement, the faculty member who is presenting the evidence supporting the charges shall be provided an attorney by the University to perform the same functions for him or her.
5. The faculty member has the same right as students to challenge the participation of any board member, as noted in the Student Disciplinary Procedures (5-403.D.2.e).
6. The student may opt for the hearing to be open to the public.
7. The Hearing Board may, in their recommendations, address any egregious violations of process.

General Provisions

Grade Before Appeals:
Students must be allowed to continue in class without prejudice until all appeals are completed. If the semester ends before all appeals are concluded, a grade of "I" shall be recorded until appeals are completed.

Graduate Students:
In cases involving graduate students, faculty shall follow the procedures outlined for undergraduate students except that in all cases where the student is found to have violated the Code, the faculty member (and in the case of appeals, the Department Head or Hearing Board) shall notify the Associate Dean of the Graduate College. This Code does not apply to students in the Colleges of Law and Medicine which have their own codes.

Notice:
Whenever notice is required in these procedures it shall be by written notice delivered by hand or by other means that provides for verification of delivery.

Record:
Whenever a sanction is imposed, the sanction and the rationale shall be recorded in the student's academic file. It is recommended that the standard forms, "Record of Faculty-Student Conference,"
"Record of Appeal to Department Head," and "Record of Modification of Sanctions" be used. These forms are available from the Dean of Students office. Students may petition the Senior Vice President for Academic Affairs/Provost after five years from the semester of the determination or upon graduation, whichever occurs first, to have the record expunged.

Rights and Responsibilities of Witnesses:
Witnesses are expected ot cooperate in any proceedings under the Code. When the faculty member relies on the observations of witnesses other than him / herself as the basis for the charge of violation of the Code, such witnesses must testify at any proceedings under the Code and be subject to questioning by the accused student. Upon showing a good cause, such testimony may be provided by sworn statement in lieu of the appearance of a witness, but the unavailability of the witness for questioning may affect the weight accorded the testimony of the witness.

The Privacy of a witness shall be protected to the extent compatible with law and with fairness to the students charged and other affected persons. Retaliation of any kind against witnesses is prohibited and shall be treated as a violation of the Code or of the applicable University rules.

Students Not Available for Conference:
In cases where the student is not available, e.g., out of the area after final exams, the faculty member shall make every reasonable effort to contact the student through personal contact, telephone, or mail to inform the student of the charges. If contact can be established, the Faculty-Student Conference shall be scheduled as soon as both parties are available, e.g., at the beginning of the next semester, and a grade of Incomplete shall be given the student until the conference is held. If either of the parties will not be available for an extended period, the Faculty-Student Conference shall be held via the telephone or by mail. If after several efforts, contact cannot be established, the faculty member may impose sanctions but must send a letter or copy of the "Record of Faculty-Student Conference" form via certified return receipt requested mail to the student's last permanent address outlining the charges, sanctions, and any recommendations for suspension or expulsion.

Students Not in Class:
If students not enrolled in the class are involved in a violation of the Code, faculty shall file a Code of Conduct complaint with the Dean of Students office.

Working Days:
"Working days" are regular business hours Monday through Friday, excluding holidays, winter sessions, presession, or summer sessions. If possible, Faculty-Student Conferences and appeals may be heard during the summer or winter break. The Department Head or Dean of Students may extend these time limits when serving the interests of a fair consideration.

E. Student Code of Conduct

A. Jurisdiction and Authority
1. Pursuant to the Arizona Constitution and Title 15 of the Arizona Revised Statutes, the Arizona Board of Regents is charged with the responsibility to exercise control and supervision of the three state universities, their properties and activities, and is authorized to enact ordinances for the governance of these institutions. The Board has promulgated this Student Code of Conduct in order to meet its responsibilities under Arizona law.

2. The Presidents are expressly authorized to enforce the rules set forth under this Code.

3. Violators may be accountable to both civil and criminal authorities and to the University for acts of misconduct which constitute violations of this Code. Disciplinary action at the University may proceed during the tendency of other proceedings at the discretion of University officials. Sanctions may be imposed for acts of misconduct which occur on University property or at any University sponsored activity. As further prescribed in these rules, off-campus conduct may also be subject to discipline.

B. Philosophy
1. The aim of education is the intellectual, personal, social, and ethical development of the individual. The educational process is ideally conducted in an environment that encourages reasoned discourse, intellectual honesty, openness to constructive change, and respect for rights of all individuals. Self discipline and a respect for the rights of others in the University community are necessary for the fulfillment of such goals. This Student Code of Conduct is designed for the promotion and protection of such an environment at each of the state universities.
2. Acceptance of membership in the University community amounts to a surrender of individual rights nor a means for escaping the attendant fundamental responsibilities of that membership. All must share in the commitment to protect the personal safety and promote the educational development of each member of the University community. The Student Code of Conduct is designed to balance the rights and needs of the individual with the responsibility of the individual to meet the needs of the community.

C. Purpose and Intent
1. The primary purpose for the enactment of this Code is to set forth the standards of conduct expected of students who choose to join the University community. The integrity of the University community is contingent upon the fulfillment of a trust that students will engage in reasonable behaviors to promote and protect the educational environment. The Code does not constitute an exhaustive list of punishment misconduct but rather prescribes standards to guide individual choices.
2. Students who violate these standards will be subject to disciplinary sanctions in order to promote their own personal development, to protect the university community, and to maintain order and stability on campus.

D. Scope
1. The adoption of this Code does not prohibit any University or the Board of Regents from adopting or maintaining additional rules to govern the conduct of students. Charges brought under this Code may be combined with charges brought concurrent with other rules so long as the procedures for enforcement of the Code are used to resolve the charges (see "Student Disciplinary Procedures," ABOR Policy 5-401,, et seq.).
2. These rules apply to individual students as well as to student organizations.
3. Additional rules to govern student conduct shall include:
a. Rules adopted by each University to govern the control of vehicles on university property.
b. Rules relating to student academic performance, other than academic dishonesty matters; e.g., grade appeal procedures.
c. Rules governing student housing.
d. Rules governing the maintenance of public order.
e. Such other rules as may be adopted by the Board or universities from time to time.

E. Definitions
Definitions provided elsewhere in this chapter are applicable to this Code. In this Code, unless the context otherwise provides or requires:
1. "Board" means the Arizona Board of Regents.
2. "Cheating" means intentionally using or attempting to use unauthorized materials, information, or study aids.
3. "Controlled substance" means a drug or substance listed in the schedules contained in A.R.S. §§36-2512 and 36-2516.
4. "Dean of Students" means the administrative officer bearing such title and his/her designee.
5. "Distribution" means sale, exchange, transfer, delivery, or gift.
6. "Endanger" means to bring into danger or peril.
7. "Fabrication" means intentional falsification or invention of any information or citation.
8. "Hazing" means any activity undertaken or situation created, whether on or off campus, by any individual, group of individuals, or organization, in which individuals are voluntarily or involuntarily subjected to activities which have the potential to harass, intimidate, impart pain, humiliated, invite ridicule of, cause undue mental or physical fatigue or distress, or to cause undue mental or physical fatigue or distress, or to cause mutilation, laceration, or bodily injury. Such activities include, but are not limited to, paddling in any form, physical or psychological shocks, late work sessions which interfere with scholastic activities, advocating or promoting alcohol or substance abuse, tests of endurance, submission of members or prospective members to potentially dangerous or hazardous circumstances or activities which have a foreseeable potential for resulting in personal injury, or any activity which by its nature may have a foreseeable potential for resulting in personal injury, or any activity which by its nature may have a potential to cause mental distress, panic, human degradation, or embarrassment.
9. "Illegal drug" means any drug whose use, possession or distribution is prohibited or restricted by provisions of Title 13 of the Arizona Revised Statutes, and includes, without limitation, narcotic drugs (as defined in A.R.S. § 13-3401(16)), dangerous drugs (as defined in A.R.S. §13-3401(6)), marijuana, and peyote.
10. "Plagiarism" means intentionally or knowingly representing the words or ideas of another as one's own.
11. "President" means the president of the University or his/ her designee.
12. "Student" means any person registered or enrolled in one or more classes at the University, including a faculty member or employee so registered or enrolled. Graduate students who serve as assistants, associates or otherwise, and all other students employed part-time by the University are classified as students for the purposes of this Code.
13. "Student organization" means an organization composed primarily of students, which has received recognition according to University policies and procedures.
14. "University" means either the University of Arizona, Arizona State University, or Northern Arizona University, or any other University governed by the Arizona Board or Regents.
15. "University community" means all University employees and students.
16. "University property" means all land, buildings, and other facilities owned, operated, or controlled by the University.
17. "University-sponsored activity" means any activity on or off campus which is initiated, approved, or supervised by the University.

F. Prohibited Conduct
The rights and privileges that are afforded to all students are subject to their assumption of the responsibility of reasonable behavior. Behavior that results in harmful or reckless action(s), whether intended or unintended, is a violation of the community trust. The following misconduct is subject to disciplinary action:
1. All forms of student academic dishonesty, including cheating, fabrication, facilitating academic dishonesty, and plagiarism.
2. Violating the terms of any disciplinary sanction imposed for an earlier violation of this Code or other Board or University rules.
3. Furnishing false information (including false identification) to the University or to any University employee or agent, including campus law enforcement or security officers, acting in good faith and in the performance of their duties.
4. Forgery of or unauthorized alteration of or access to any University document, record, or instrument of identification, including electronic hardware, software, and records.
5. Knowingly possessing stolen property.
6. Destroying, damaging, misappropriating, or gaining unauthorized access to University property.
7. Theft, destruction or damage to the property of others.
8. Violation of University rules governing alcohol consumption: unauthorized sale or possession of alcoholic beverages.
9. Engaging in, supporting, promoting, or sponsoring hazing or violating University rules governing hazing.
10. Engaging in harassment or unlawful discriminatory activities on the basis of age, ethnicity, gender, handicapping condition, national origin, race, religion, sexual orientation, or veteran status, or violating University rules governing harassment or discrimination.
11. Interfering with any University investigation, including but not limited to tampering with physical evidence or inducing a witness to testify falsely or to withhold testimony.
12. Off-campus conduct involving sale or distribution of illegal drugs, physical assault, or violence which may present a clear and present danger to the safety of the university or to the members of the University community.
13. Violation of, or attempt to violate, other published rules that may be adopted by the Board or by the University including but not limited to the Rules for the Maintenance of Public Order.

Any attempt to commit an act of misconduct prohibited by these rules shall be subject to sanctions to the same extent as completed acts.
G. Sanctions
In addition to any other interim of final action which may be taken to enforce this Code, a student may be ordered to leave the University property when the President or any person employed or hired by the University to maintain order has reasonable grounds to believe the student is committing any act which interferes with or disrupts the lawful use of University property by others or that the person has entered upon the property for the purpose of committing such an act. One or more of the following sanctions may be imposed for any violation of this Code:
1. Expulsion: Permanent separation of the student from the University. An indication of expulsion may appear on the student's transcript. The expelled student shall not participate in any University sponsored activity and shall be barred from University property.
2. Suspension: Temporary separation of the student from the University for a specified period of time and / or until specific conditions, if imposed, have been met. An indication of suspension may appear on the student's transcript. Except where prior approval has been granted by the Dean of Students, a suspended student shall not participate in any University-sponsored activity and shall be barred from the University campus.
3. Probation: Removal of the student from good disciplinary standing. Additional restrictions or conditions may also be imposed. Appropriate University officials shall be notified of the imposition of such sanctions. Probation shall last for a stated period of time and until specific conditions, if imposed, have been met. Any violation of these rules, the conditions of probation, or other University rules committed during the probationary period will subject the student to further discipline, including suspension or expulsion.
4. Warning: A written statement advising the student that a violation of this Code has been committed and that further misconduct may result in more severe disciplinary action.
5. Administrative Hold: A statue documented in the Registrar's official file which precludes the student from registering until clearance has been received from the Dean of Students in accordance with university rules.
6. Other sanctions permissible under existing university rules.

H. Determining What Sanction to Impose
1. Mitigating and aggravating factors may be considered. Factors to be considered in mitigation and / or aggravation may include the individual's prior disciplinary record, the nature of the offense, the severity of any damage, injury, or harm resulting from the violation, the payment of restitution to the University or to any victims, or any other factors deemed appropriate under the circumstances.
2. Repeated violations of this Code may result in the imposition of progressively more severe sanctions, although any sanction may be imposed as appropriate under the circumstances.

I. Student Organizations
1. Student organizations may be charged with violations of this Code or violations of the Rules for the Maintenance of Public Order.
2. Student organizations, including social fraternities and sororities, as well as their members, may be held collectively and / or individually responsible for such violations when the misconduct occurs:
a. on University property;
b. on premises used or controlled by the organization; or,
c. at University-sponsored activities.
3. The officers or leader of a student organization may be held collectively and / or individually responsible when such violations are committed by persons associated with the organization who have received consent or encouragement from the organization or from its officers or leaders.
4. The officers or leaders of a student organization may be directed to take eaction designed ot prevent or end such violations by the organization or by any persons associated with the organization who can reasonably be said to be acting on its behalf. Failure to make reasonable efforts to comply with such a directive shall be considered a violation of this Code, both by the officers and leaders of the organization and by the organization itself.
5. Sanctions for organizational misconduct may include revocation of the use of University facilities or privileges for a definite period of time, denial of recognition or registration, or suspension of social or intramural activities or events, as well as other appropriate sanctions permitted under this Code or other rules of the University.


J. Enforcement
1. Student sanctions shall be enforced through use of the Student Disciplinary Procedures adopted by the Board (ABOR Policy 5-401 et seq.).
2. Sanctions for organizational misconduct shall be enforced through procedures established by each university.

K. Miscellaneous Provisions
1. The description of prohibited conduct set forth herin shall be interpreted broadly and is not designed to define misconduct in exhaustive terms.
2. The Presidents are authorized by the Board to take other actions or to adopt other rules to protect the safety and well-being of University property and the members of the University community, so long as such actions or rules are not inconsistent with this Code.
3. The prior existing Code of Conduct no longer governs by students, except that:
a. Any pending action or proceeding shall not be affected by this Code and will be subject to the Code provisions in effect at the time the action or proceeding was originally brought; and,
b. The prior existing Code of Conduct shall remain applicable to students until such times as the Rules for the Maintenance of Public Order become effective.

F. Student Disciplinary Actions

5-401 General
A. The purpose of this policy is to establish disciplinary procedures to guide the fair and uniform enforcement of the Code of Conduct. These procedures are applicable to any student or student organization which is charged with a violation of the Code of Conduct.
B. These disciplinary procedures are designed to allow for fact-finding and decision-making in the context of an educational community, and to encourage students to accept responsibility for their own actions. The intent is to provide adequate procedural safeguards to protect the rights of the individual student and the legitimate interests of the University.
C. The Universities may utilize mediation or conciliation procedures in addition to these disciplinary procedures in accordance with regulations adopted by the University.

5-402 Definitions
A. The definitions provided elsewhere in this chapter are also applicable to this policy except where otherwise indicated.
B. The following additional definitions are included in this policy:
1. "Advisor" means an individual selected by the student to assist him/her during a hearing conducted by the University Hearing Board. The advisor may be a faculty or staff member, student, or other representative of the student. The advisor shall be limited to advising the student and shall not participate directly in the hearing. The advisor may not appear in lieu of a student or speak on behalf of the student.
2. "Complainant" means any individual who initiates the referral procedures set forth in the policy.
3. "Day" means normal University business day, not including Saturday, Sunday, or any officially recognized University employee holiday.
4. "Vice President for Student Affairs" means the administrative officer bearing such title, related title, or his / her designee.

5-403 Disciplinary Procedures
A. Initiation of Charges
1. Disciplinary charges shall be initiated by submitting a written referral to the Dean of Students.
2. The referral must state sufficient facts, including specific names(s), date(s), locations, and descriptions of the alleged act(s) of misconduct to enable the Dean of Students to make a determination as to whether further fact-finding is necessary. The referral must be signed by the complainant.
3. Where the alleged misconduct is related to discrimination or harassment, the Dean of Students will consult with the Affirmative Action Office to determine whether an affirmative action investigation is warranted. A determination by the Dean of Students will be made following disposition of the matter at the Affirmative Action Office.
4. Where the alleged misconduct is related to academic dishonesty, the charges will be investigated and sanctions, if any, imposed by the appropriate academic unit according to established University procedures. If the sanction imposed is either expulsion or conducted according to the procedures set forth in Section 5-403.D. below, except that University procedures shall designate the individual who shall be responsible for presentation of the evidence which supports the charges. The composition of the Hearing Board shall be prescribed by established University procedures and the Hearing Board's recommendation shall be subject to review as prescribed by established University procedures.
B. Interim Action
1. At any time following the submission of a written referral, the Dean of Students may suspend a student for an interim period prior to resolution of the disciplinary proceeding if the Dean believes that the information that the information that supports the allegations of misconduct is reliable and determines that the continued presence of the student on the University campus poses a threat to any individual, property, or University function.
2. The decision to suspend a student for an interim period shall be communicated in writing to the student, and shall become effective immediately upon sending the notice.
3. The interim suspension shall remain in effect until a final decision has been made on the pending charges or until the Dean determines that the reasons for imposing the interim suspension no longer exist.
4. A student who is suspended for an interim period shall be provided an opportunity to respond to the allegations of misconduct no later than three (3) days following the effective date of the interim suspension.

C. Review and Decision by Dean of Students
1. The Dean of Students shall make an initial determination as to whether there is a sufficient basis to believe that a violation of the Code of Conduct may have occurred. The Dean may decide to interview the complainant and / or other witnesses or to request additional information from the complainant.
2. If the Dean determines that there is a sufficient basis to believe that a violation of the Code of Conduct may have occurred, then the Dean of Students shall promptly notify the student in writing of the alleged violation and shall investigate the allegations more thoroughly by interviewing witnesses and reviewing documents.
3. A student who is charged in a Code of Conduct referral will be provided an opportunity to meet with the Dean of Students.
4. At the meeting the student shall be provided with the following:
a. An explanation of the charges which have been made;
b. A summary of the fact-finding investigation which has taken place;
c. A reasonable opportunity for the student to reflect upon and respond on his / her own behalf to the charges; and,
d. An explanation of the applicable disciplinary procedures, including the student's right to request a hearing before a University Hearing Board if a serious disciplinary sanction (expulsion or suspension) is imposed.
5. Should further fact-finding be required, the results of any further investigation will be presented to the student and an additional opportunity to respond will be provided.
6. The Dean of Students shall determine whether there is reasonable cause ot believe that a violation of the Code of Conduct has occurred following the conclusion of the investigation and, if so, the appropriate disciplinary sanctions to apply. In determining the sanction, the Dean shall consider any mitigating factors, as required by Section 5-304.C., Including any prior violations of the Code of Conduct.
7. The Dean of Students shall inform the student of the decision, in writing, within five (5) days of the student's latest opportunity to respond. When feasible, this information shall also be communicated in a face-to-face meeting.
8. The written decision will include a statement of the charges, the determination, and the sanction to be imposed, if any. This decision is final, unless the student requests a hearing to review a decision to suspend or expel. The effective date of a suspension or expulsion may be no sooner than ten(10) days following the posting or personal delivery of the written decision.
9. If the sanction imposed includes either expulsion or suspension, the student shall be informed of his / her right to request a hearing before a University Hearing Board, and that this is accomplished by filing a written request with the Dean of Students no later than ten (10) days following the posting or personal delivery of the written decision.
10. The filing of a timely written request for a hearing shall suspend the imposition of the disciplinary sanction pending the outcome of the hearing. If the student elects not to request a review of the Dean's decision and signs a statement to that effect, then that decision is a final decision which becomes effective immediately.
D. Review by University Hearing Board
1. Composition of the Board
a. Student disciplinary hearings shall be conducted by a Hearing Board composed of five (5) members, including two students, two faculty members, and one non-faculty employee. One member, designated the chairperson, shall serve as the presiding officer.
b. Each University shall establish its own rules to govern the selection process for Hearing Board members.
c. The University shall provide orientation for Hearing Board members.

2. Pre-Hearing Procedures
a. The Hearing Board members will be notified in writing of their selection.
b. The chairperson will convene the Board no later than ten (10) days following receipt of the student's request for a hearing.
c. The chairperson, who may be assisted by the written notice to the student no less than seven (7) days prior to the date set for hearing. The notice shall be delivered personally or by mail directed to the address furnished by the student on his/ her hearing request.
The notice shall include:
(1) A statement of the date, time, location, and nature of the hearing;
(2) A written statement of the charges which specifies the allegations of misconduct in sufficient detail to enable the student to respond;
(3) Notice of right to advisor or legal representative if required by Section 3.f. below;
(4) A copy of the Code of Conduct and these Student Disciplinary Procedures; and,
(5) A list of the names of all Hearing Board members, and the University address of the chairperson.
d. No later than three (3) days prior to the hearing, the parties shall exchange the following information in writing:
(1) A list of the names and addresses of the witnesses who may be called to speak at the hearing;
(2) A concise summary of the anticipated statements of each witness;
(3) Copies of all documents or notarized statements to be presented at the hearing; and,
(4) The name and title of the person who will present evidence on behalf of the University, and the name of the advisor, if any, who will be present to assist the student.
e. A student may challenge the participation of any member of the Hearing Board on the grounds of personal bias by submitting a written statement to the chairperson setting forth the basis for the challenge no later than three (3) days prior to the hearing. The chairperson will determine whether to sustain or deny the challenge,. If the challenge is sustained, a replacement will be appointed to serve on the Hearing Board. If a challenge is filed against the chairperson, the President shall rule on the challenge.
f. Members of the University community shall be expected to comply with any request or directive issued by the chairperson is connection with a disciplinary proceeding hardship or substantial interference with normal University functions.

3. Conduct of the Hearing
a. The purpose of the hearing is to formulate a recommendation to the Vice President for Student Affairs as to whether there was a reasonable basis for the Dean's finding that a violation of the Code of Conduct occurred, and if so, the appropriate sanction to be imposed.
b. In order to preserve the confidential nature of the disciplinary process, and to protect the privacy interests of the student who is charged with the violation and the witnesses who may be called to testify, the hearing conducted by the Hearing Board shall be closed.
c. The chairperson shall preside at the hearing and shall rule upon all procedural matters, The formal rules of evidence shall not apply, although objections to the introduction of specific statements or documents may be considered by the chairperson. Irrelevant, immaterial, or unduly repetitious information shall be excluded. Evidence of prior misconduct shall not be admissible until the supplemental proceeding described in Section 5-403.D.4.c below.
d. The Dean of Students shall present the evidence which support the charges, and shall have the burden of showing by clear and convincing evidence that a violation of the Code of Conduct has been committed.
e. The student who has requested the hearing shall present statements or written information in his / her own behalf. A student who fails to appear at the hearing will be deemed to have abandoned his/ her request, unless the student can demonstrate that an extraordinary circumstance prevented his/her appearance.
f. The student who is charged with the misconduct may be assisted throughout the proceeding by an advisor of his/her own choosing, who may be assisted throughout the proceeding by an advisor of his / her own choosing, who may be an attorney. The advisor's role is limited to assisting the student. The advisor may not speak on behalf of the student unless:
(1) The evidence or arguments on behalf of the Dean of Students is presented by an attorney or law student; or,
(2) Special circumstances require the need for such representation; e.g., a handicapping condition which limits the ability of the student to present evidence on his/her own behalf.
g. The hearing shall be recorded manually or by a recording device and shall be transcribed in whole or in part on request of the student charged with the misconduct. The cost of such transcript shall be paid by the student unless assessment of the cost is waived by the Vice President for Student Affairs.
h. Witnesses shall be excluded from the hearing except during their own testimony, except that a complaining witness may be permitted to attend the hearing following his/her testimony.
i. The order of presentation shall be as follows:
(1) The Dean of Students shall present an opening statement, which summarizes what the evidence is expected to show.
(2) The student may present an opening statement, or may reserve it until the presentation of his / her case.
(3) The Dean of Students shall call witnesses to provide statements under oath. Witnesses shall be questioned by means of direct examination with no leading questions permitted. A leading question is one which suggests the desired response.
(4) At the conclusion of each witness' statements, he / she may be questioned by the student at which time leading questions are permitted.
(5) Following the questioning by the student the Dean of Students and the members of the Hearing Board may ask further questions of each witness.
(6) Following the testimony of all witnesses called by the Dean of Students, the student then presents his/her case.
(7) Each witness for the student is called to testify. The pattern remains the same as described above.
(8) Following the close of the student's presentation, the Dean of Students may call witnesses to refute statements made by the student or by the student's witnesses. If such witnesses are called, they will be subject to the same procedure outlined above.
(9) Throughout the proceeding, the parties may introduce written documents as evidence. All such documents which are admitted shall be marked as exhibits, for example, "Dean's Exhibit #1" or "Student's Exhibit #1", and may be considered by the Hearing Board in reaching its decision.
(10) Following the presentation of witnesses, the parties will be allowed to present closing statements which summarize the evidence that has been presented. The Dean of Students presents his/her closing statements first, followed by the student.
4. Hearing Board Deliberations and Recommendation
a. Following the presentation of evidence and closing statements, the members of the Hearing Board shall discuss the evidence that has been presented and the reasonable inferences to be drawn from the evidence prior to reaching its decision. Only the members of the Hearing Board and its legal advisor, if any, may be present during the deliberations.
b. Based solely upon the evidence presented during the hearing, the Hearing Board will formulate a recommendation to the Vice President for Student affairs as to whether there was a reasonable basis for the Dean's finding that a violation of the Code of Conduct had been committed. At least three votes are necessary to make recommendation.
c. If the recommendation of the Hearing Board is that there was a reasonable basis for the Dean's finding that a violation of the Code of Conduct had occurred, then the Board shall conduct a supplemental proceeding to determine a recommended sanction. This supplemental proceeding shall be guided by the considerations set out in Section 5-304.C. The supplemental proceeding shall not generally require additional fact-finding, but shall include a review of a written summary of any prior misconduct prepared by the Dean of Students. The student and the Dean shall be provided the opportunity to present their positions on the appropriate sanction.
d. The Hearing Board shall render it's recommendation following the hearing, and shall communicate the recommendation to the student, the complainant, the Dean of Students, and to the Vice President for Student Affairs in writing no later than two (2) days following the conclusion of the hearing. The written recommendation shall include findings of fact and a statement of the reasons for the recommendation, and shall be signed by the chairperson.

E. Review and Decision by Vice President for Student Affairs
Following a review of the Hearing Board's recommendation, the Vice President for Student Affairs shall render a decision which either affirms, denies, or modifies the recommendation of the Hearing Board. The Vice President shall not be bound by the recommended findings of fact. The Vice President shall issue a written decision no later than ten (10) days following completion of the investigation or the subsequent recommendation, except when it becomes necessary to conduct further investigation or to recommend the matter to the Hearing Board, in which case the written decision will be transmitted no later than ten (10) days following completion of the investigation or the subsequent recommendation of the Hearing Board. Copies of the written decision will be promptly transmitted to the parties and to all members of the Hearing Board.

F. Request for Review or Rehearing
1. In compliance with A.R.S. §41-1062.B., a student who is dissatisfied with the decision reached by the Vice President for Student Affairs may request a rehearing or review by filing a written request with the Vice President no later than five (5) days following posting of the written decision. The request shall be based on one or more of the following grounds:
a. Irregularities in the proceedings, including but not limited to any abuse of discretion or misconduct by the Hearing Board or by the Dean, which has deprived the student of a fair and impartial disciplinary process;
b. Newly discovered material evidence which could not have been presented during the fact-finding or hearing process;
c. Excessive severity of the sanction; or,
d. That the decision is not justified by the evidence or is contrary to law.
2. Following receipt of the student's request for review, the Vice President for Student Affairs shall make whatever review is deemed necessary to resolve the issues that have been raised.
3. The Vice President for Student Affairs will respond in writing to the student's request for review of rehearing within ten (10) days of receipt of the request. The Vice President may uphold or modify the previous decision, or grant a rehearing on the issues raised by the request. The decision of the Vice President is final.

5-404 Disciplinary Files and Records
A. Holds on Records
The Dean of Student's Office may place a hold on a student's academic and other institutional records should the student refuse to respond to, or comply with, the procedures or sanctions imposed in accordance with these rules.
B. Student Disciplinary Records
1. Disciplinary records of students found to have violated the Code of Conduct shall be retained for five (5) years from the semester of the determination or until graduation, whichever occurs first. If the final determination is that no violation has occurred then all documentation relating to the charge shall be purged from the record.
2. Disciplinary records may be retained for a longer period, or permanently, if so specified in the sanctions applied. Disciplinary records designated as permanent shall not be voided without unusual and compelling justification.

Copies of the 1983 Code of Conduct, 1990 Student Code of Conduct, and the 1989 Student Disciplinary Procedures are available at the Dean of Students Office, Old Main, Room 203.