Disciplinary Hearing Procedures and Disciplinary Sanctions

OAR 579-040-0015

Disciplinary Hearing Procedures

University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and Eastern Oregon University’s Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Senior Hearings Officer. Determinations made or sanctions imposed under the Student Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

Disciplinary hearing proceedings at Eastern Oregon University need not mirror courtroom proceedings. At a disciplinary hearing, civil and criminal technical rules of evidence, applicable to such cases, shall not apply. Any recording of proceedings will be held until the appeal date has expired, at which time the recording will be destroyed.

1. The Senior Hearings Officer, appointed by the President, is responsible for coordination of the University’s student disciplinary proceedings. University housing discipline is administered by the Residence Life staff, but such matters will also be referred to the Office of Student Affairs when a student's status at the University must be reviewed or when the conduct is of an egregious nature. The Senior Hearings Officer shall designate a Student Conduct Coordinator who will coordinate the activities of the Hearings Officers and Student Hearings Committee in regard to student conduct procedures. The Student Conduct Coordinator shall be responsible for maintaining disciplinary hearings and/or issues records. These records shall include a summary of the disciplinary proceedings and results and the appointed hearings officer acting on the case. The Student Conduct Coordinator shall serve as Secretary to the Hearings Officers and Student Hearings Committee.

 

2. Any member of the University community may file a complaint against a student for violation(s) of the Student Code of Conduct. A Complaint may be submitted in writing on a University Complaint Form, in person, via email or telephone, or on an incident report form to the Office of Student Affairs and/or the Student Conduct Coordinator. Any complaints should be submitted as soon as possible after the event takes place, preferably within 24 hours. Upon receipt of a complaint, the Student Conduct Coordinator, in consultation with the Senior Hearings Officer, will determine whether or not the complaint is deemed sufficient as to facts or laws and whether or not it should be forwarded for a hearing. If the complaint is forwarded for a hearing, the Student Conduct Coordinator will afford the student the opportunity to meet with the Coordinator for the purposes of discussing the options for disposition of the case and discuss the student’s rights and responsibilities as proscribed in OAR 579-040-0010. At the meeting with the accused student, the Student Conduct Coordinator will describe the hearing options available to the student. These options are:

The complaint will be assigned to a Hearings Officer or the Student Hearings Committee.  A time shall be set for a hearing, not less than five or more than fifteen calendar days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the Student Conduct Coordinator. The Student Conduct Coordinator will work with the Hearings Officer and/or the Student Hearings Committee to arrange for a hearing to review the complaint, and determine the subsequent appropriate institutional response.

Disciplinary Sanctions

The following decisions may be rendered as a result of a disciplinary hearing:

  1. Dismissal of the complaint.
  2. An informal settlement including mandated counseling referral(s).
  3. Restitution: Reimbursement by dollar amount, by transfer of property, or by provision of services to the University or a member of the University community in accordance with the nature of the violation in an amount not in excess of actual expenses, damages, or losses incurred.
  4. Required Educational Activities: Mandatory participation in educational activities or programs of community service.
  5. Restrictions: Removal from a living group, or from the use of specific University facilities, or denial of the use of a vehicle on campus, or other restrictions consistent with the violation committed.
  6. Warning: Official notice, in writing, to a student that his or her conduct or actions are in violation of the Student Code of Conduct. The continuation of such conduct or actions may result in further disciplinary action.
  7. Reprimand - severe or formal reproof.
  8. Probation: A written reprimand for violation of specified regulations. Probation will be for one to three academic quarters, and may include loss of privileges, restitution, and/or required educational activities. Placement on probationary status includes observation and review of behavior and the student must demonstrate compliance with the Student Code of Conduct. A student on probation is not in “good standing” with the University. Students on probation are subject to suspension if found in violation of the Student Code of Conduct during the probationary period.
  9. Loss of Privileges: Denial of specified privileges for a designated period of time.
  10. Discretionary Sanctions: Work assignments, essays, service to the University, or other related discretionary assignments.
  11. Residence Hall Suspension: Separation of the student from the residence halls for a designated period of time, after which the student is eligible to return. Conditions of readmission may be specified.
  12. Residence Hall Expulsion: Permanent separation of the student from the residence halls.
  13. Disciplinary Suspension:

a. Suspension:

  1. Exclusion from the University for a specific period of time. Suspended students are normally denied the privileges and services provided to currently enrolled students, including residing in University-owned or recognized student housing, attending class, or using other University services or facilities. Suspension is generally for one year; however, the period of suspension may be specified for any period;
  2. The conditions of suspension typically take effect immediately after the student has been informed of the decision. If an appeal is filed, the imposition of the suspension will be delayed until the conclusion of the appeal process. However, if a pending disciplinary hearing or appeal may result in suspension, as determined by the Student Code of Conduct, awarding of the academic degree sought will be postponed pending the outcome of the disciplinary hearing.

 b. Deferred Suspension: 

Placement on deferred suspension status during which there is observation and review of behavior. If the student is found to further violate University regulations during this period, the student is suspended without further hearings. Deferred suspension may be for a period of one term up to and including the remainder of a student’s enrollment at the University.

14. Expulsion: Permanent removal of eligibility to attend Eastern Oregon University.

15. Revocation of Admission and/or Degree:

Should the University discover that a student, or former student, has received an Eastern Oregon University degree, or has been admitted, under false pretenses (i.e., academic dishonesty, falsifying transcripts), or has pending Student Code of Conduct violations, attempts will be made to adequately correct the situation. If the student is uncooperative or unwilling to meet requirements consistent with institutional, college and departmental graduation requirements, her/his degree may be revoked until all requirements are met. 

16. Withholding Degree: The University may withhold awarding a degree otherwise earned until the

completion of the process set forth in this Student Code of Conduct, including the completion of all sanctions imposed, if any.

17. Students whose behavior violates the Academic Honesty Code are subject to additional

academic sanctions, including failing the course, removal from an academic department, and removal from a college, that may be imposed by the instructor, department chair or dean.

18. Mediation: Participation in a facilitated discussion with the complainant.

19. At the President's discretion, the President or designated representative may notify law enforcement agencies of potentially illegal acts on campus or at University sponsored activities. Criminal or other charges arising from acts on campus or at University sponsored activities will proceed independently of on-campus disciplinary proceedings but may arise out of findings of said proceedings.

Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 and 351.088.

OAR 579-040-0020

Disciplinary Hearing

Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Disciplinary Hearings at Eastern Oregon University.  Contested Case procedures in ORS Ch 183 do not apply to these hearings.

a) Disciplinary Hearings with a Hearings Officer are intended to determine a factual basis for

assertions in complaints filed. Disciplinary Hearings shall not be open to the public. The Hearings Officers are empowered to:

    1. Make findings of fact;
    2. Dismiss the case;
    3. Refer the student for counseling;
    4. Impose any sanction listed in OAR 579-040-0015 of this Code.

The Complainant, the Accused Student and the Student Conduct Coordinator may arrange for witnesses to present pertinent information to the Hearings Officer. The University will try to arrange the attendance of possible witnesses who are members of the University community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two weekdays prior to the hearing. Witnesses will provide information to and answer questions from the Hearings Officer. The person(s) complained against shall appear along with witnesses and other parties requested by the Hearings Officer to be in attendance. All parties may have counsel or an advocate to serve as advisors at their own expense. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Hearings Officer. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the Hearings Officer.

A secretary may record information presented, accept information, statements, and prepare a summary of the Hearings Officer's findings. No transcription of a disciplinary hearing will be made. After the portion of the hearing concludes in which all pertinent information has been received, the Hearings Officer will determine whether the Accused Student has violated each Code of Conduct which the student is charged with violating. Every effort will be made to issue a written decision within two business days by the Hearings Officer after the conclusion of the hearing. However, no fixed deadline is imposed.

b) Disciplinary Hearings before the Student Hearings Committee.

The Complainant, the Accused Student and the Student Conduct Coordinator may arrange for witnesses to present pertinent information to the Student Hearings Committee. The University will try to arrange the attendance of possible witnesses who are members of the University community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two weekdays prior to the hearing. Witnesses will provide information to and answer questions from the Student Hearings Committee. The Student Hearings Committee has the power to:

    1. Make findings of fact;
    2. Determine whether or not the student has violated the Code;
    3. Recommend to dismiss the case;
    4. Recommend any sanction listed in 579-040-0015 of the Student Code of Conduct to the Senior Hearings Officer.

The person(s) complained against shall appear along with witnesses and other parties requested by the Student Hearings Committee to be in attendance. All parties may have counsel or an advocate to serve as advisors at their own expense. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Hearings Committee.

A secretary may record information presented, accept information, statements, and prepare a summary of the Student Hearings Committee’s findings. No transcription of a disciplinary hearing will be made. Every effort will be made to issue a written decision within two business days by the Senior Hearings officer after the conclusion of the hearing. However, no fixed deadline is imposed.

 

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 and 351.088.
 

OAR 579-040-0030

Appeals

Following a disciplinary hearing, the student complained against has the right to an appeal.

  1. A decision of a disciplinary hearing may be appealed to the Vice President for Student Affairs in writing within five working days after notice. The Vice President will review all information presented at the hearing and may interview witnesses who appeared. The Vice President will make a decision  within five working days after review. The Vice President's decision shall be final.
  2. The request for an appeal must include specific justification, including: errors, failure to consider all of the information presented, or any other action, including any new information not known at the time of the original hearing, which denied the student a fair hearing.
  3. Appeals related to the sanction of Deferred Suspension, Suspension or Expulsion will be considered by the Student Hearings Committee, a subcommittee of the Eastern Oregon University Assembly Student Affairs Committee. The Student Hearings Committee will make a recommendation to the Vice President for Student Affairs. The Vice President will review the recommendation and make a decision within five working days after review. The Vice President’s decision shall be final. Procedures to be followed are available from the Office of Student Affairs.
  4. Any recording of a hearing will be destroyed at the expiration of the appeal date.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 and 351.088.
 

OAR 579-040-0035

Emergency Action

A student exhibiting behavior disruptive to the academic process or other institutional activities who lacks the capacity to respond to disciplinary procedures or the capacity to understand the nature or the wrongfulness of the conduct in question or who poses potential harm to the welfare of self or others, will be referred to the Vice President for Student Affairs for immediate action. Such action may include restrictions on the person's presence at the University or its events until a disciplinary hearing can be held. The hearing must be held within two working days after the Vice President’s order unless the student requests an extension.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 and 351.088.
 

OAR 579-040-0045

Student Disciplinary/Conduct Records

  1. All complaints include the creation of a disciplinary file secured in the Office of Student Affairs. For those sanctions at the level of "Probation" and those more severe than "Probation," the student will be considered outside of “good standing” with the University for the duration of the sanction. Multiple sanctions may be imposed where appropriate.
  2. Disciplinary Probation shall involve written notice that is to be kept in the student's disciplinary file. There shall also be a Disciplinary Probation Hold entered in Banner on the students record with the wording: “contact Student Affairs.” After the period of Probation has expired and the student has met all proscribed obligations, the Disciplinary Probation Hold will be removed from the student’s Banner record.
  3. Disciplinary Suspension shall involve removal of privileges to enroll at the University for a specified period of time and there shall be a written notice that is to be kept in the student’s disciplinary file. There shall also be a Disciplinary Suspension Hold entered in Banner on the student’s record with the wording “contact Student Affairs”. After the period of suspension has expired and the student has met all proscribed obligations, the Disciplinary Suspension Hold will be removed from the students Banner record.  A student suspended for misconduct and wishing to return to the University after the suspension period must notify the Office of Student Affairs in writing. The notification should include a description of the student’s activities since the suspension went into effect.
  4. Disciplinary Expulsion shall involve permanent removal of privileges to enroll at the University and there shall be a written notice that is to be kept in the student’s disciplinary file. There shall also be a Disciplinary Expulsion Hold entered in Banner on the student’s record with the wording: “contact Student Affairs” followed by the date of the disciplinary action.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 and 351.088.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Student Affairs

Eastern Oregon University

One University Boulevard
La Grande, OR 97850-2899

Phone: 541-962-3635

 

 

 

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