DIXIE STATE COLLEGE OF UTAH

POLICIES AND PROCEDURES MANUAL


Section: 5-Student Services

Policy No: 33

Approved: 01/29/99
Revised: 02/01/02
Revised: 05/02/03

Policy: STUDENT RIGHTS AND RESPONSIBILITIES CODE

5-33 STUDENT RIGHTS AND RESPONSIBILITIES CODE

33.1 Purpose

33.1.1 Students at Dixie State College neither lose the rights nor escape the obligations of citizenship. Students retain and enjoy all rights and responsibilities secured by the Constitution and laws of the United States and the State of Utah and local ordinances.

33.1.2 The College expects all students to obey the law, to show respect for properly constituted authority, to perform contracted obligations, to maintain absolute integrity and high standards of individual honesty in academic work, and to observe a high standard of conduct for the academic environment (see section 33.5).

33.1.3 Students enrolled at the College assume the personal responsibility to conduct themselves in a manner which is compatible with the College's role as a public institution of higher education. By enrolling at Dixie State College, students agree to maintain the standards of conduct set forth in this policy. The violation of these standards may result in the imposition of sanctions or other forms of College discipline.

33.1.4 Student standards of conduct and responsibilities are divided into two main areas for the purpose of this policy: General Responsibilities and Academic Performance Responsibilities. The purpose of these standards is to encourage responsible citizenship within the campus community.

33.1.5 Students have the right to due process in any disciplinary matter involving the possibility of sanctions. This includes the right to be heard, the right to decision and review by impartial persons or bodies and the right to adequate notice.

33.2 General Rights

33.2.1 Students enrolled at the college can reasonably expect the right to the following College services, treatment, and information.

33.2.1.1 The right of equal opportunity access to the College (see Admission to the Institution Policy 5-2).

33.2.1.2 The right to reasonable access to and the use of College services, facilities, and programs.

33.2.1.3 The right to free and open discussion, inquiry and expression, and assembly, subject to constitutional limitations regarding time, place, manner, and content.

33.2.1.4 The right to confidentiality of records and limited disclosure of personally identifiable information. (see Confidentiality of Records Policy 5-18).

33.2.1.5 The College prohibits illegal discrimination, harassment or prejudicial treatment of a student because of his/her race, color, religion, national origin, sex, sexual orientation, age or status an individual with a disability, disabled veteran, or veteran of the Vietnam era.

33.2.1.6 Full protection under the Constitution for freedom of the press, including the Constitutional limitations on prior restraint and censorship.

33.2.1.7 Due process of law and the proper enforcement of College rules.

33.2.1.8 Security for his/her person, papers and personal effects against unreasonable searches and seizures.

33.2.1.9 The right to inquire and to be informed regarding campus crime statistics (see Confidentiality of Records Policy 5-18).

33.2.1.10 The right to ADA and Section 504 of the Vocational Rehabilitation Act compliance.

33.2.1.11 Freedom to form and operate an organized student association, governing council, and subsidiary clubs and organizations within the guidelines prescribed by the institution (see Student Government policy 5-24 and Clubs and Organizations policy 5-25).

33.2.1.12 Student representation through the ASDSC on College committees, councils, commissions and other formally constituted bodies that make general policy and procedure decisions directly affecting students or that govern student activities and conduct.

33.2.1.13 The right to the appeal process (see section 33.8 of this policy) or the grievance process (see Student Grievance Procedure Policy 5-35).

33.3 Academic Performance Rights

33.3.1 Students enrolled at the College will have the rights to the following in academic affairs, services and information.

33.3.1.1 A written syllabus with criteria upon which their performance will be evaluated.

33.3.1.2 Appropriate and open discussion, inquiry and expression, both in the classroom and in student/instructor conferences.

33.3.1.3 Freedom to take exception to views presented in a classroom setting and to reserve judgment in matters of opinion.

33.3.1.4 Professional and ethical conduct from all college personnel.

33.3.1.5 Professional instruction.

33.3.1.6 The right to confidentiality of academic records (see Confidentiality of Records Policy 5-18).)

33.3.1.7 Information prior to registering regarding the costs of tuition and fees.

33.3.1.8 Accurate information regarding course offerings, programs, majors, transfer policy, and institutional requirements and expectations.

33.3.1.9 Accurate information regarding changes in course programs or institutional requirements and reasonable accommodation for students already enrolled in programs or classes.

33.3.1.10 The right to receive academic credit and/or academic degrees when all specified requirements and course work have been satisfied. See Conflict Between Student and Faculty Member Regarding Academic Processes-Grading, Testing, Assignments Policy 3-32.

33.4 General Responsibilities

33.4.1 A student assumes the responsibilities to conduct himself/herself in an appropriate manner. Misconduct that is not considered responsible behavior includes, but is not limited to, the following examples:

33.4.1.1 Failing to respect the right of every person to be secure and protected from intimidation, harassment, hazing, verbal abuse, threats, coercion, and physical harm caused by the activities of groups or individuals.

33.4.1.2 Sexual assault, sexual harassment, or any other non-consensual verbal or physical sexual activity including the support or assistance of such activities.

33.4.1.3 Disorderly, lewd, indecent, defamatory, or obscene conduct or expression on College-owned or controlled property or at College-sponsored or supervised functions or events.

33.4.1.4 Participating in on-campus demonstrations, rallies, assemblies, performances, showings, exhibits, pickets, etc. in violation of any law or college policy.

33.4.1.5 Distributing, publishing or posting materials, soliciting funds, selling items, engaging in commercial activity, erecting structures, exhibiting items, displaying films and videos, using official College insignias or materials, or participating in performances and activities without proper authorization or which are not in accordance with College policy.

33.4.1.6 Obstructing or disrupting teaching, research, administration, disciplinary procedures, computing services, other College-sponsored activities, services or events, including public service functions.

33.4.1.7 Deliberate interference with academic freedom and freedom of speech (including not only classroom activities, but also interference with performances, exhibits, displays, dissemination of information, demonstrations, or the freedom of any speaker invited by any segment of the campus community to express views).

33.4.1.8 Initiating or causing to be initiated any intentionally false or frivolous report, complaint or warning.

33.4.1.9 Leaving children unattended on College property or allowing children to create a disruption on College property or at College-sponsored functions, including classrooms or instructional venues.

33.4.1.10 Failing to meet contractual obligations with the College such as found in the housing, food service and financial aid contracts.

33.4.1.11 Knowingly violating terms of any disciplinary sanction.

33.4.1.12 Intentionally furnishing false information, including false identification.

33.4.1.13 Forging, altering, misusing, or mutilating College documents, records, identification, educational materials, or other College property.

33.4.1.14 Influencing or attempting to influence the academic or any College administrative process through explicit or implied bribery, threats, sexual behavior, etc.

33.4.1.15 Theft or misappropriation of property, equipment, materials, services, or data.

33.4.1.16 Knowingly possessing stolen property, equipment, materials, services, or data.

33.4.1.17 Intentionally or recklessly destroying, defacing, vandalizing, damaging, or misusing the property, equipment, materials, services, or data of the College or other campus community members or aiding, abetting or contributing to such actions.

33.4.1.18 Unauthorized entry upon or use of College facilities, equipment, materials, data, properties, or services.

33.4.1.19 Unauthorized possession or use of a key to any College facility.

33.4.1.20 Use, possession, or storage of any concealed weapon without a permit, explosive or incendiary device, dangerous chemicals without authorization, or fireworks.

33.4.1.21 Unlawful use, possession, distribution, sale, manufacture, or possession for purposes of distribution or sale of any controlled substance or illegal drug (see Student Substance Abuse Prevention and Testing policy 5-37).

33.4.1.22 Sale, possession, manufacture, distribution, or consumption of alcoholic beverages of any type on the College campus (see Student Substance Abuse Prevention and Testing policy 5-37).

33.4.1.23 Unauthorized sale, possession, manufacture, distribution, or consumption of alcoholic beverages at any off-campus College-sponsored function or event (see Student Substance Abuse Prevention and Testing policy 5-37).

33.4.1.24 Smoking in unauthorized areas. In compliance with the State of Utah Clean Air Act smoking is prohibited in all buildings and within twenty-five (25) feet of all buildings on campus. Smoking is also prohibited in any College owned vehicle.

33.4.1.25 Aiding, abetting, or inciting others to commit any act prohibited by law or College policy.

33.4.1.26 Violating College traffic and parking regulations or other misuse of a vehicle that violates the law or College policy (see Traffic and Parking policy 5-32).

33.4.1.27 Misuse of college-owned computers or computer accounts according to the Instructional Computing Policy 6-53 or the signed student computer use agreement.

33.4.1.28 Refusing to respond to requests and directions from College or local government officials while in the performance of their duties.

33.4.1.29 Leaving animals unattended on College property or allowing animals to create a disruption on College property or at College-sponsored functions, including classrooms or instructional venues.

33.4.1.30 Endangering the health or safety of self, any member of the college community or others.

33.5 Academic Performance Responsibilities

33.5.1 In addition to the foregoing general behavior responsibilities, as members of Dixie State College's academic community, students shall:

33.5.1.1 Maintain academic standards including institutional, school/departmental/program, and individual course standards.

33.5.1.2 Display appropriate conduct in classroom situations that will enhance the learning environment.

33.5.1.3 Meet faculty members' classroom standards of behavior and attendance requirements or make contact with faculty members when unable to do so.

33.5.1.4 Maintain academic ethics and honesty; to this end, prohibited activities include, but are not limited to, the following:

33.5.1.4.1 Cheating, which includes, but is not limited to, copying from another student's test papers, or plagiarism.

33.5.1.4.2 Using materials during a test not authorized by the person giving the test.

33.5.1.4.3 Collaborating with any other person during a test without authority.

33.5.1.4.4 Knowingly obtaining, using, buying, selling, transporting, or soliciting in whole or in part the contents of any test, without authorization of the appropriate official.

33.5.1.4.5 Bribing any other person to obtain any test.

33.5.1.4.6 Soliciting or receiving unauthorized information about any test.

33.5.1.4.7 Substituting for another student or permitting any other person to substitute for oneself to take a test or complete an assignment.

33.5.1.4.8 Plagiarism, which is the unacknowledged (uncited) use of any other person or group's ideas or work. This includes purchased or borrowed papers.

33.5.1.4.9 Collusion, which is the unauthorized collaboration with another person in preparing work offered for credit.

33.5.1.4.10 Falsification, which is the intentional and unauthorized altering or inventing of any information or citation in an academic exercise, activity, or record-keeping process.

33.5.1.4.11 Giving, selling, or receiving unauthorized course or test information.

33.5.1.4.12 Using any unauthorized resource or aid in the preparation or completion of any course work, exercise or activity.

33.5.1.4.13 Infringing on the copyright law of the United States which prohibits the making or reproduction of copyrighted material except under certain specified conditions.

33.5.1.4.14 Not obtaining the instructor's permission before recording lectures.

33.5.1.4.15 Not notifying instructors in advance of any planned absence for participation in College approved or requested group activities.

33.5.1.4.16 Unethical and inappropriate use of any computer system, library, or other campus resource, and interference with the productivity of other users.

33.6 Jurisdiction

33.6.1 The jurisdiction of federal, state, and local courts and law enforcement officials is recognized both on and off campus with regard to criminal offenses and civil matters.

33.6.1.1 College disciplinary proceedings may be instituted against a student charged with violation of a state or federal law which is also a violation of the Student Rights and Responsibilities.

33.6.1.2 Proceedings related to violations of the Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

33.6.2 Procedures which foster dialogue and promote resolution between the immediate parties involved in a dispute or in disciplinary action are encouraged; every effort should be made to resolve disputes and disciplinary action at the lowest possible level (i.e., individual, faculty member, supervisor, department chair, program director, dean and/or vice president).

33.6.2.1 If resolution by these means is unsatisfactory, formal departmental or school procedures, if available, should be instituted, and the office of the appropriate vice president should be notified.

33.6.3 In the case of policy violations, a faculty member, staff member, dean, hearing committee, or the appropriate vice president may make a standard determination of consequence. The student may appeal the determination through the student appeal and grievance process (see Student Appeal and Grievance Policy 5-35).

33.7 Discipline

33.7.1 The purpose of disciplinary action is to provide a uniform method of dealing with violations of the Student Rights and Responsibilities Code at Dixie State College. The disciplinary procedure is structured to deal uniformly and fairly with students. Though subject to due process, the disciplinary procedures are not subject to the same procedural due process as is established in criminal and civil courts.

33.7.2 The disciplinary actions which the College may impose on a student include but are not limited to:

33.7.2.1 Warning or reprimand. Verbal or written notice to a student that his/her conduct may be in violation of College rules and regulations, and that the continuation of such conduct or actions may result in further disciplinary action.

33.7.2.2 Grade adjustment - for either an assignment/test or the course.

33.7.2.3 Probation - A specified period of observation and review of conduct during which the student must demonstrate compliance with College rules and regulations. Counseling or participation in specific courses or workshops for a specified period of time may be required. Terms of probation and the probationary period will be determined at the time the sanction is imposed.

33.7.2.4 Suspension - temporary dismissal from participation in a specific program or activity or from the College for a specified or indefinite period of time.

33.7.2.5 Expulsion - permanent dismissal from the College. A permanent indication of expulsion will be made on the student's transcript. The person may also be barred from the College campus or campus activities.

33.7.2.6 Extra fee assessments.

33.7.2.7 Restitution - payment of restitution to the College or, when College intervention is deemed appropriate, to another individual for damages or losses.

33.7.2.8 Withholding of transcripts for refusal to return College property, pay College debts, or other violations of College standards.

33.7.2.9 Denial or revocation of degrees (for academic violations only).

33.7.2.10 Temporary and/or permanent removal from a class.

33.7.2.11 Performance of community service.

33.7.2.12 Referral to psychological counseling or substance abuse counseling for assessment, evaluation, education, and treatment.

33.7.2.13 Other disciplinary actions which are appropriate to the violation(s).

33.7.3 More than one disciplinary action may be imposed for any single violation.

33.7.4 Imposition of the penalty of suspension or expulsion from the College must be approved by the President. The President's approval shall be given either at the conclusion of the 10-day appeal period, if no appeal is filed, or as a part of the President's final decision if an appeal is filed.

33.7.5 When a student is suspended or expelled from the College, tuition and fees that have been paid for the semester during which the suspension or expulsion occurs are refundable in accordance with the Tuition and Fees Refund Policy (see Student Tuition and Fee Payment Policy 5-17). Housing and meal prepayments will be refunded on a pro-rated basis (see Housing Policy 5-28 and Food Services Policy 5-29).

33.8 Appeals and Grievances

33.8.1 Students have the right to appeal decisions made regarding perceived violations or sanctions of their rights and responsibilities (see Student Appeal and Grievance Procedure Policy 5-35).

33.8.2 Students who feel they have been unfairly treated or their rights have been violated, may file a grievance (see Student Appeal and Grievance Procedure Policy 5-35).