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Student Conduct Code

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Contents

  1. Skip contents
  2. Introduction
  3. Categories of Impermissible Behavior
  4. Sanctions
  5. Disciplinary Procedures

Introduction

The purpose of the University of Hawai‘i is to pursue knowledge through teaching, learning, and research in an atmosphere of physical and intellectual freedom. In order to fulfill this purpose, members of the academic community on all campuses engage in teaching, learning, research, and service, and assist one another in the creation and maintenance of an environment that supports these activities. Members of the academic community may neither violate the rights of one another nor disrupt the basic activities of the University. Students who are disruptive are subject to a variety of academically related penalties that may include reprimand and probation, restitution, suspension for a definite period of time, or expulsion.

Members of the academic community have the same privileges and responsibilities with respect to the law as do members of our society. In addition, they must also adhere to the University's special interests that are reflected in its policies and regulations and are addressed herein. These special interests are embodied in the unique purpose of the University, and are essential for its institutional well-being and day-to-day functioning. Therefore, in accordance with the "Statement on Rights and Responsibilities of the University of Hawai‘i Community" adopted by the Board of Regents on June 4, 1971, the following Student Conduct Code and hearing procedures are adopted by the University of Hawai‘i at Hilo.

Categories of Impermissible Behavior

The following categories and specific examples of impermissible behavior are subject to disciplinary sanctions because they conflict with the fundamental purposes and special interests of the University and its constituent campuses. While these impermissible behaviors are described as clearly as possible, it should be recognized that any determination as to whether a given act constitutes a violation of the University's special interests will necessarily involve the institution's applying some degree of judgment to the facts and circumstances as they are presented.

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.

A. 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 in which individuals are not endangered by force or violence and are free from coercion and interference. Consequently, in the case of demonstrations, behavioral restrictions are considered necessary to preserve both the orderly functioning of the campus and the right of freedom of speech.

  1. Demonstrations: 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 audiences or speakers.
  2. Interference with campus operations: Conduct which disrupts the holding of classes, the carrying out of University business, the holding of campus events, or any other normal functioning of the University, including the discharge of responsibility by any University officer, employee, or student, is not permitted. Demonstrators may not physically obstruct access to University facilities nor may they engage in obstructive noise.
  3. Noncompliance with campus behavioral restriction on demonstrations: Persons engaging in disruptive behavior or in demonstrations which coerce individuals or advocate the use of force will be requested to cease by University authorities. In the event the alleged disruptive behavior or demonstration does not end within a reasonable length of time, temporary sanctions, as described in this Code, may be imposed by the Chancellor or his/her designee. When the use of discussion methods of temporary sanctions are not effective in ending the disruption or demonstration, or when alleged violators are not members of the University community, or when the gravity of the situation requires it, the Chancellor or his/her designee may request the assistance of appropriate law-enforcement authorities.

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, and administration, or those processes or conditions furthering or facilitating these activities.

A. False or Fraudulent Information

  1. Furnishing false information or academic credentials with the intent to deceive or mislead when applying for admission to any campus of the University or for any of its programs and services.
  2. Forging, altering, misrepresenting, or misusing any University or campus document, record, or identification.
  3. Failing to provide required and legally appropriate information to University officials.
  4. Misrepresenting facts in connection with any request for any University programs or services or for an exception to any official campus policy or regulation.
  5. Assisting anyone in the commission of any acts in this section.

B. Personal Misconduct

  1. Harassing, physically threatening or physically abusing any person on any campus of the University or at any University sponsored function or event, or conducting oneself in a manner endangering any person's health or safety.
  2. Theft of or willful damage to any property of the University or of any person on the campus.
  3. The unauthorized occupation, use of, or entry into any University facility, including both indoor and outdoor facilities.
  4. Possessing, producing, 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 campus events.
  6. Setting any unauthorized fire on University property.
  7. Turning in a false bomb alarm or fire alarm, or misusing fire safety equipment.
  8. Possessing, selling or transferring weapons including, but not limited to, firearms, ammunition, and spear guns, on University-owned or University-controlled property except as expressly authorized by written permission.
  9. Intentionally obstructing or delaying a police officer, fire fighter, security officer, or University official in the performance of his/her duty.
  10. Being contemptuous or disorderly at any hearing of a campus judicial or review board.

C. Theft or Mutilation of University Property

  1. Possessing of having under one's control any materials or property belonging to the University without proper authorization.
  2. Mutilating or vandilizing University property.

D. Disruption

Creating noise or other disturbances on campus sufficient to disrupt the normal functioning of campus activities, including classroom instruction and co-curricular programs.

E. Abuse of Controlled Substances

  1. Intoxicants: The purchase, possession, or consumption of alcoholic beverages is regulated by state law. Students are expected to know and abide by state law and by University rules and regulations governing the use and consumption of alcoholic beverages on campus. Students are referred to Board of Regents policy and campus guidelines regulating the use and consumption of alcoholic beverages on campus, available in the Office of the Dean of Student Services.
  2. Drugs: Students are not permitted to be under the influence of, possess, manufacture, distribute, or sell illicit drugs, as prohibited by state law,' at University-sponsored or approved events, on University property or in buildings used by the University for its educational or recreational programs. University knowledge of possession or use of illegal drugs on campus may subject the students involved to investigation and prosecution by appropriate law enforcement agencies. Copies of the UHH Drug and Alcohol Policy are available in the Office of the Dean of Student Services.

F. Violation of Residence Hall Regulations

Violation of residence hall regulations, where the violation also involves some aspect of this disciplinary Code, may subject the student to disciplinary procedures under this Code.

G. Off-Campus Behavior

A student's off-campus behavior is governed by applicable federal and state laws. Off-campus behavior shall not be subject to the University's disciplinary procedures unless such behavior indicates that the student represents a danger to the health and safety of members of the University community.

H. Academic Dishonesty

  1. Cheating includes, but is not limited to, giving or receiving unauthorized assistance during an examination; obtaining unauthorized information about an examination before it is given; using inappropriate or unallowable sources of information during an examination; falsifying any official University record; or misrepresenting the facts in order to obtain exemptions from course requirements.
  2. Plagiarism includes, but is not limited to, submitting, in fulfillment of an academic requirement, any document that has been copied in whole or in part from another individual's work without attributing that borrowed portion to the individual; neglecting to identify as a quotation another's idea and particular phrasing that was not assimilated into the student language and style or paraphrasing a passage so that the reader is misled as to the source; submitting the same written or oral material in more than one course without obtaining authorization from the instructors involved; purchasing term papers; or drylabbing, which includes 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 results.
  3. In cases of suspected or admitted dishonesty, the instructor shall attempt to discuss the matter with the student. If appropriate, the instructor may bring it to the attention of the departmental chairperson, the student's advisor, division chairperson and/or appropriate academic dean. Additionally, an instructor may refer such cases of academic dishonesty to the Vice Chancellor for Student Affairs for action under this Code. In cases where the student admits that an act of academic dishonesty was committed, the instructor may, within the context of the course, require the student to re-do the assignment, give the student a failing or reduced grade for the assignment, or give a failing or reduced grade for the course. If the student contests his or her liability, the instructor may not take action against the student but must refer the case to the Vice Chancellor for Student Affairs for hearing and disposition under this Code. The Vice Chancellor for Student Affairs may pursue such matters as disciplinary actions under this Code if, after a preliminary investigation, it is his/her determination that probable cause exists to establish that acts of academic dishonesty took place.

I. 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 Vice Chancellor for Student Affairs after a preliminary investigation and after a determination as to whether probable cause exists to establish that there was a repeated or serious violation of University regulations or policies.

Sanctions

One or more of the following sanctions may be imposed as hereinafter provided whenever a student is found to have violated any of the rules contained in this Code.

A. Warning

Written or verbal notice to the student that continuation or repetition of specified conduct may be cause for other disciplinary action. This sanction may be imposed by the Chancellor after a Student Conduct Committee hearing, or it may be imposed by the Vice Chancellor for Student Affairs as part of the administrative disposition of any case.

B. Probation

A written notice placing the student on disciplinary probation for a specified period of time. The terms of the probation will be decided in each case. This sanction may be imposed by the Chancellor after a Student Conduct Committee hearing, or it may be imposed by the Vice Chancellor for Student Affairs as part of the administrative disposition of any case. If a student, while on disciplinary probation and after a hearing, is found guilty of further violating this Code, the student will be subject to further disciplinary action.

C. Restitution

Reimbursement for damage to or misappropriation of property which may take the form of direct financial compensation, of service, or other forms of indirect compensation. This sanction may only be imposed by the Chancellor after a Student Conduct Committee hearing.

D. Temporary Suspension in Emergency Situations

In an emergency, the Chancellor or designee is authorized to suspend a student prior to a hearing, provided that a hearing pursuant to these rules is conducted within a reasonable period thereafter. An emergency will include such situations as when the student poses a danger of inflicting bodily harm on himself/herself or others, of inflicting serious emotional distress on others, or creating a substantial disruption of normal campus activities, including classroom instruction. If, after a Student Conduct Committee hearing, it is determined that the student did not violate the Student Conduct Code, consideration will be granted so that the student may be allowed to make up any missed academic work.

E. Suspension

Exclusion from classes and from other privileges or activities or from the campus itself, for a specified period of time. This sanction may only be imposed by the Chancellor after a Student Conduct Committee hearing.

F. Expulsion

Termination of student status for an indefinite period. This sanction may only 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 Vice Chancellor for Student Affairs will determine if the conditions for readmission have been met.

G. Rescission of Grades or Degree

The cancellation of grades or the revocation of an awarded degree as the result of academic dishonesty or the discovery of a material misrepresentation relating to the completion of course or degree requirements. This sanction may only be imposed by the Chancellor after a Student Conduct Committee hearing.

Disciplinary Procedures

The following procedures are designed to afford procedural protection to any student alleged to have committed an infraction of the Student Conduct Code warranting disciplinary action. The procedures described herein shall not affect other non-disciplinary student matters. For purpose of these procedures, the term "Vice Chancellor for Student Affairs" shall mean the Vice Chancellor for Student Affairs or the Vice Chancellor's designated representative.

A. Pre-Disciplinary Hearing Stage

  1. Reporting infractions: Infractions of this Student Conduct Code should be reported to the Vice Chancellor for Student Affairs. Reports of infractions must be submitted in writing and signed by the complainant. No matter except temporary suspensions in emergency situations will proceed without such written reports.
  2. Preliminary investigation: Upon receiving a written report that a student has allegedly committed a violation of the Student Conduct Code, the Vice Chancellor for Student Affairs shall promptly initiate an investigation. Within five (5} school days of receiving a written report, the Vice Chancellor for Student Affairs shall contact the student or group named in the complaint, and request that they appear before the Vice Chancellor to discuss the alleged misconduct and possible charges. The student or group should be informed that they are under no obligation at any time to admit that the complaint is true or to make any other statement to any member of the University community, including the Vice Chancellor for Student Affairs, relevant to the complaint. The Vice Chancellor shall not promise that any statement made by the student will be held in confidence.

B. Initiation of Charges and Their Disposition

If the Vice Chancellor for Student Affairs determines that there is reasonable cause to believe that the student committed the violation and in his/her judgment the initiation of formal disciplinary procedures is appropriate, the accused student or group will be notified by the Vice Chancellor for Student Affairs that they have been accused of violating this Student Conduct Code. Charges may be disposed of in the following ways:

  1. Administrative disposition: The Vice Chancellor for Student Affairs, after investigating the charges, shall have the authority, when accepted by the student in writing, to settle matters in lieu of proceeding with a formal disciplinary hearing. In this instance, the Vice Chancellor for Student Affairs may impose only the sanctions of warning or probation. A student shall have five (5) school days within which to accept or reject in writing any proposed administrative disposition. When the settlement proposed by the Vice Chancellor for Student Affairs is rejected by the student in writing, the Vice Chancellor may request a hearing before the Committee. If a student fails to make any response in writing to a proposed administrative disposition within five (5) school days, it will be assumed that the student has rejected the proposed administrative disposition and the Vice Chancellor for Student Affairs may refer the case to the Student Conduct Committee.
  2. Student Conduct Committee disposition: Failing to secure an administrative disposition of any alleged violation of this Code, the Vice Chancellor for Student Affairs may refer the case to the Student Conduct Committee for a hearing. The Vice Chancellor for Student Affairs may also refer cases to the Student Conduct Committee without first offering an administrative disposition. Moreover, any violation of this Code that may result in the imposition of the sanction of restitution, suspension, expulsion, or rescission of grades or degree, must be heard by the Student Conduct Committee.

C. Student Conduct Committee

The Student Conduct Committee shall have jurisdiction and authority to determine cause and recommend sanctions for all cases referred to it by the Vice Chancellor for Student Affairs involving behavior which is alleged to be violative of this Student Conduct Code.

  1. The Student Conduct Committee shall be appointed by the Chancellor and consist of five (5) voting members and shall be constituted as follows:
    1. Two (2) students, one representing the College of Arts and Sciences and one representing the College of Agriculture.
    2. Two (2) faculty, one representing the College of Arts and Sciences and one representing the College of Agriculture.
    3. One (1) staff member from the Office of Student Services or Library.
  2. The Chancellor shall designate one of the committee members to serve as the chairperson, who shall be a nonvoting member of the committee except in the case of a tie vote.
  3. Three (3) members of the Student Conduct Committee shall constitute a quorum.
  4. If any member of the committee feels that his/her relationship with either the case or the individuals involved would affect his/her ability to render an impartial judgment, the committee member shall disqualify himself/ herself. This does not relieve the Student Conduct Committee of maintaining a quorum; thus it may be necessary to supplement the membership of the committee.
  5. When the Chairperson determines there is a need, legal assistance may be requested from the Department of the Attorney General.

Note: Student Conduct Committee hearings will usually not be available during the last two weeks of each semester (study period and finals week) nor during the summer. During these periods, a hearing before a designee of the Chancellor may be conducted for students accused of violating the Student Conduct Code or special Committee hearings may be arranged.

D. Disciplinary Hearing Stage

  1. Notice: A student shall be given written notice of a hearing by registered or certified mail with return receipt requested, at least fifteen (15) calendar days prior to the date of the hearing.
    1. The notice of a hearing shall include a statement of the following:
      1. The date, time, place, and nature of the hearing.
      2. The committee under which the hearing is to be held.
      3. The particular sections of this Student Conduct Code involved.
      4. An explicit statement in plain language of the issues involved and the facts alleged in support of the charges, provided that if the Committee is unable to present such issues and facts in detail at the time the notice is served, initial notice may be limited to a statement of the issues involved with more detailed statements to be provided at a later date but prior to the hearing.
      5. The fact that the student is entitled to retain counselor an advisor, at his/her expense, or that the student may appear on his/her own behalf at any meeting or hearing relevant to the complaint.
      6. That the student has the right to inspect, before any hearing, any affidavits or exhibits to be introduced at the hearing.
  2. Hearing procedures: Hearings held pursuant to this Student Conduct Code shall be conducted in such a manner as to assure equity for all parties. Having determined through a preliminary investigation that there is reasonable cause to believe that the student has committed a violation of this Code, the Vice Chancellor for Student Affairs or his/her representative shall present the case against the student.
    1. The student and his/her counsel and the Vice Chancellor for Student Affairs or his/her representative shall be afforded the opportunity to present evidence and argument on all issues involved.
    2. Any procedure in a disciplinary hearing may be modified or waived by mutual agreement between the student and the Vice Chancellor or his/her representative subject to the approval of the Committee.
    3. The following process shall apply in all hearings before the Student Conduct Committee:
      1. Unless otherwise determined by the Student Conduct Committee, testimony shall be submitted in the following order: testimony submitted by the accused, rebuttal testimony in support of the charges, rebuttal testimony submitted by the accused, and closing arguments.
      2. Any oral or documentary evidence may be presented, but the Committee shall exclude irrelevant, immaterial, or repetitious evidence. The Committee shall honor the rules of privilege recognized by law.
      3. Documentary evidence may be presented in the form of copies or excerpts, if the original is not readily available, provided that the student and the Vice Chancellor or his/her representative may compare the copy with the original.
      4. No testimony shall be received by the Committee when the opposing party has not been afforded the right of confrontation and a reasonable opportunity for cross-examination.
      5. Members of the Committee are entitled to ask questions of any participants in the hearing. The student or the student's counsel, and the Vice Chancellor or his/her representative are entitled to ask questions of the Committee.
      6. The University shall have the burden of proof, including the burden of producing evidence as well as the burden of argument. Proof of guilty shall be established when confirmed by a preponderance of the evidence.
    4. Both the student and the Vice Chancellor of Student Affairs or his/her representative are expected to be present at the hearing. If the student is not present at the hearing, the Committee will proceed to conduct the hearing if its members are satisfied that the student has been given notice of the hearing as provided for in this Code. In the absence of the student, the Committee will hear the evidence, consider the facts, and render a judgment.
    5. All hearing will be closed unless the student requests that the hearing be open.
    6. In hearings involving more than one student in which one or more of them shall request a separate hearing, a severance shall be allowed upon request.
    7. The Committee may adopt any further rules or make any further regulations necessary for a fair and impartial hearing that are not inconsistent with the provisions of this Code.
  3. Records: For the purpose of determining Committee findings and recommendations, a record of all hearings shall be maintained.
    1. a. The record shall include the following:
      1. All pleadings, motions, and intermediate rulings;
      2. All evidence received or considered, including oral testimony, exhibits, and a statement of all matters officially noticed;
      3. Offers of proof and rulings thereon;
      4. Proposed findings and exceptions; and
      5. The report of the Committee chairperson.
    2. The Committee may preserve a record of its hearings through taped recordings. A tape recorder shall be available from the Office of the Vice Chancellor for Student Affairs.
    3. It shall not be necessary to transcribe any taped record unless requested for purpose of rehearing or judicial review. The cost of such transcription shall be paid by the requesting party.
  4. Committee findings and recommendations: After hearing a case, the Committee will decide if the University has reasonable cause to take disciplinary action against the student. No matters outside the record shall be considered by the Committee in making its determination. Accordingly, the Committee may decide as follows:
    1. No Cause of Disciplinary Action: No violation of the Student Conduct Code has been proven. In this case no sanction may be taken against the student.
    2. Cause for Disciplinary Action: A violation of the Student Conduct Code has been proven. In this case the Committee may recommend one or more of the sanctions provided for in this Code including warning, probation, restitution, suspension, expulsion, and recission of grades or degree. Within ten (10) school days after the hearing, the Committee shall transmit its findings and decision as to cause and recommendation in writing to the Chancellor. Simultaneously, a certified copy of the Committee's findings, decision as to cause, and recommendations shall be delivered or posted by registered or certified mail with return receipt requested to the student's last known address.
    3. The Committee's decision as to cause shall be in writing and shall be accompanied by separate findings of fact.
    4. If the student has filed proposed findings of fact, the Committee shall rule on each proposed finding in its final decision as to cause.

E. Review by the Chancellor

No Committee determination adverse to a student shall be finalized by the Chancellor until the student had been afforded an opportunity to request that the Chancellor review the Committee's findings, decision as to cause, and recommendations.

  1. This review does not entitle the student to a full hearing of his/her case. Such review shall be requested in writing.
  2. The student shall have five (5) school days after the receipt of the Committee's finding, decision as to cause, and recommendations to request in writing a review by the Chancellor. The request should be sent by registered mail to the Office of the Chancellor.
  3. The review by the Chancellor upon request, except in cases of newly discovered evidence, shall be confined to the recford.
  4. Upon request, the Chancellor shall limit the review of the Committee's findings, decision as to cause, and recommendations to the following four (4) issues:
    1. Did the Committee follow the procedures contained in this Code?
    2. Was the Committee hearing conducted in such a way as to provide the student an adequate opportunity to present his/her defense?
    3. Did the evidence presented at the hearing satisfy the requisite burden or proof?
    4. Is the sanction reasonable in relation to the gravity of the violation?

F. Final Decision and Orders by the Chancellor

Within thirty (30) calendar days from the receipt of the Committee's findings, decision as to cause, and recommendations, the Chancellor shall notify, by certified or registered mail with return receipt requested, the student or the student's attorney of record of his/her decision regarding the sanction to be taken and any accompanying orders. The decision of the Chancellor shall be final within the University.

Authority of the Chancellor

The Chancellor may take appropriate action with respect to situations and developments not specifically covered by the Student Conduct Code in order that the intent of the Code may be properly administered.

Judicial Review

Any student who feels that his/her rights have been infringed upon by any final decision issued in accordance with this Student Conduct Code, may seek judicial review as provided for by law.

Severability

If any provision of these procedures is held to be illegal or unconstitutional, the remaining rules shall remain valid.