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Student Rights and Responsibilities
Excerpt from
the Student Handbook:
Introduction
Colleges and
universities bear a special obligation to serve as exemplars of respect
for individuals. Such respect underlies the relations of trust which are
the foundations of our free institutions. Such respect must also underlie
the university-student relationships if both are to progress.
This Student
Bill of Rights and Responsibilities relies heavily upon the concept that
the student-faculty relationship is a partnership that is one of co-learning
toward common objectives. The university believes that our community of
learning has an equal responsibility to all of its members; indeed it
cannot exist without the contribution of each.
The following
rights and responsibilities will mean nothing unless a relationship of
trust exists among the students, administration, and faculty of California
State University, Fullerton.
Preamble
Academic institutions
exist for the transmission of knowledge, the pursuit of truth, the intellectual
growth of their members, and the general well being of society. Free inquiry
and free expression are indispensable to the attainment of these goals.
As members of the academic community, students should be encouraged to
develop critical judgment and to engage in a sustained and independent
search for truth. Since freedom of inquiry and expression are meaningless
if freedom of expression does not include freedom to act, the academic
community must not only permit but should also encourage all forms of
action which do not interfere with the rights of other individuals or
groups or with the essential functions of the academic community.
An academic
community which fosters freedom may find itself in conflict with other
segments of society, for freedom stimulates the passion for creation,
experiment, and change. Only by choosing the course that vigorously defines
rights and freedom while maintaining responsibilities can a university
truly keep its pledge to the scholars of the past and to the youth of
the future.
The relationship
between California State University, Fullerton and its students must be
viewed in the light of the function of the college or university to transmit
to the student the civilization of the past, to enable them to take part
in the civilization of the present, and to contribute to the civilization
of the future.
In this great
pursuit, the student must be viewed as an individual who is most likely
to attain maturity if left free to make personal decisions and to exercise
the rights, as well as shoulder the responsibilities, of citizenship on
and off the campus.
This document
provides a statement of general policy concerning the rights and responsibilities
of the students. The rights enumerated in this document are not to be
interpreted as excluding other rights commonly accepted in the academic
community.
01.
Right of Freedom of Expression
a. Every aspect of the
educational process should promote the free expression of ideas. Students
are free to pass resolutions, distribute leaflets, picket, circulate
petitions, discuss, and take other lawful action respecting any matter
which directly or indirectly concerns or affects them. These actions
are subject only to reasonable time, place and manner considerations.
b. Students
have the right of freedom of speech and assembly. They may publicly
assemble to demonstrate support for or opposition to causes or candidates.
University control of campus facilities shall not be used to prevent
the free exchange of ideas. The prescribed areas of public assembly
shall not be isolated from the natural gathering points of the university.
c. Students
are also free to invite and hear speakers of their choice.
d. Students
are free to express verbal exception to the data or views offered in
courses of study and to reserve personal judgment as to the truth or
falsity of what is presented.
02.
Right of Fair and Equal Evaluation
Students have the right
to a just measurement of their performance by the professor. Instructors
shall take no action to penalize students because of their opinions
or because of their conduct outside the classroom. Prejudiced, capricious,
or arbitrary evaluation violates the basic rights of students. Evaluation
of students and the award of credit must be based on performance professionally
judged and not on matters irrelevant to that performance such as personality,
race, religion, gender, political opinion and activities, or personal
beliefs. This right holds also for such matters as confidential evaluations,
consideration of advancement to degree candidacy, and continuance
in a major.
03.
Right of Substantial Input into the Determination of University Governance
and Instructional Programs
The functioning of the
educational community requires an awareness of mutual responsibility,
understanding, trust, and respect in order that all its members may
actively contribute to the development of policies and programs. This
purpose shall be achieved through continuous cooperation within the
educational community.
a. Students
shall be free individually and collectively to express their views on
issues of institutional policy and on matters of interest to the student
body. Students are guaranteed the right of participation in those aspects
of university governance, which relate to the general interests of the
student body.
b. Students
shall have an active voice in (1) the making of university policy and
procedure affecting their social or academic affairs, and (2) the formulation
and implementation of standards of student conduct.
04.
Right of Free Association
a. Students are free to
organize and join associations to promote common interests. Affiliation
with an extra-mural organization will not disqualify a student organization
from university recognition. Campus facilities will be made available
to all recognized student organizations on a non-discriminatory basis.
1. Student
organizations are encouraged but not required to have faculty advisors.
Advisors shall have no authority to regulate or control the organization
activities nor will they be held responsible for such activities because
of their advisory status.
2. Institutional
recognition will be granted to all student organizations provided
stated goals and proposed activities are legal and consistent with
university rules and regulations.
3. Student
organizations shall not be required to submit a list of membership.
A list of formal representatives of the organization may be required
for informational purposes only.
4. Student
organizations shall be open to all students without respect to race,
religion, gender, age, national origin, disability, or sexual orientation,
except for religious qualifications, which may be required by organizations
whose aims are primarily sectarian. Greek-letter social organizations
are exempt from the gender discrimination provision as per federal
law.
5. Student
organizations shall not be held accountable for the individual actions
of members unless the individual acts are abetted by the larger group.
b. It is the responsibility
of the student organizations to make clear that in their public expressions
they speak only for themselves.
05.
Protection Against Improper Disclosure
a. Information about student
views, beliefs, and political associations which professors acquire
privately in the course of their work as instructors, advisors, and
counselors shall be considered confidential. Protection against improper
disclosure of confidential information regarding students is a professional
obligation of faculty members and administrative staff. Free inquiry
and free expression, both of which are vital to good education, may
be jeopardized by disclosure of students’ attitudes, beliefs,
and political associations which may be acquired in the course of
teaching, advising, and counseling students.
b. Any records
which reflect the political activities of students will be considered
confidential. These records will be released only under legal compulsion
or the written request of the student involved. If records are subpoenaed,
the student shall receive the same information and the name of the subpoenaing
agency.
c. Information
from student educational records will be considered confidential in
accordance with the Family Educational Rights and Privacy Act.
d. The Vice President of
Student Affairs or his/her designee will annually review and evaluate
all university records and/or references relating to disciplinary
action against a student. Non-current records and/or references more
than three years old shall be destroyed or expunged. "Current"
disciplinary records and/or references (those cases which are pending
and those which resulted in expulsion) shall be retained.
06.
Right of Use of Facilities and Resources
Student organizations shall
be provided access to the campus’ resources and facilities in
accordance with the policies and procedures specified in the Facility
Use Manual.
07.
Right of Access to Relevant Education
a. Admissions standards
will be stated clearly and will be based on the capacity of individual
students to contribute to or profit from the particular educational
program. Under no circumstances shall a student be barred from admission
to the university, classes, or programs on the arbitrary standards
such as race, religion, gender, age, or ethnic background. Moreover,
the use of standard admission criteria will be offset by programs
to aid historically under-represented students in admission to and
success in the university.
b. Students
have the right to a substantial presentation by the instructor at the
times scheduled except in mitigating circumstances. Repeated non-performance
or repeated lack of preparation by the instructor violates this right.
It is a teacher’s
mastery of his/her subject and his/her own scholarship, which entitle
him/her to his/her classroom and to freedom in the presentation of his/her
subject. Thus, it is improper for an instructor persistently to intrude
material which has no relation to his/her subject or to fail to present
the subject matter of his/her course as announced to his/her students
as approved by the faculty in their collective responsibility for the
curriculum.
c. Students
are entitled to an atmosphere conducive to learning and to equitable
treatment in all respects of the teacher-student relationship. Faculty
members shall not refuse to enroll or teach students on the grounds
of their beliefs or the possible uses to which they may put the knowledge
gained in a course. The student shall not be forced by the authority
inherent in the instructional role to make particular personal choices
as to political action or his/her own part in society.
08.
Right to Freedom of the Press
It is the right and duty
of the communications media on this campus to present news, opinion,
and editorial comment and to provide a forum for the free exchange
of ideas. At the same time, individuals operating and individuals
contributing to these media are bound to recognize that these rights
are to be practiced within the limits of prevailing law and the canons
of journalism.
The student
media-broadcasting; film; and print, including pamphlets, handbills,
and circulars–are guaranteed freedom from prior censorship. There
is absolutely no cause to punish an individual for the popularity or
lack of popularity of media content.
Those originating
communications should be left free to exercise their own best judgment
in the selection of materials. Neither a faculty member nor an administrator
should exercise veto power over what may be disseminated. Should the
Student-Faculty Publications Board, after material has been disseminated,
consider that the originator exercised excessively poor judgment in
one or a number of instances, it may take steps to impeach and remove
him/her from office after holding hearings and according him/her due
process of law.
09.
Right of Due Process
Disciplinary actions against
students are governed by the Student Disciplinary Procedures for The
California State University.
Actions of
students may upon occasion result in violations of law. In such cases
the Vice-President of Student Affairs, upon request, will apprise the
student of any legal assistance available to him/her and may offer any
other advice or aid. Students who violate the law may incur penalties
prescribed by civil authorities, but institutional authority will never
be used merely to duplicate the function of general laws. If a student
violates a law and a university regulation at the same time, the penalty
that may be assessed by the university shall not be increased because
of the dual nature of the violation, except as required by law.
a. The university
exists within the framework of a larger community which expects members
of the university community to conform to civil and criminal laws without
special privilege. The university expects the same respect for its own
rules and procedures governing its constituency, and it will therefore
resist unwarranted outside attempts to influence university policies
and practices.
b. The student
shall have the right of due process.
c. The student
shall be considered innocent until proven guilty. With regard to university
disciplinary procedures, except as provided by law, he/she shall retain
all rights and privileges until he/she is proven guilty and all routes
of appeal are exhausted.
10.
Responsibilities
It is the responsibility
of the university faculty and administration to act in a manner which
benefits the students at California State University, Fullerton. It
is also their responsibility to uphold the rights of students and
to obey the letter and the spirit of such rights.
If any student
has evidence a member of the faculty or administration acts in a way
which violates students’ rights as addressed in this document,
the student should consult with the appropriate supervisors or administrators
at higher levels of responsibility, at least to the dean or director
level. If the student is not satisfied with the results of this consultation
process, he/she may request a hearing before the Student Academic Life
Committee. This Committee will make its recommendations on the merits
of the case and on subsequent actions to the appropriate Vice President(s).
It shall
be the responsibility of the Office of the Vice President of Student
Affairs and the Dean of Students Office to disseminate this policy.
It shall be understood that these offices will develop more specific
guidelines and procedures to administer and monitor the intent of this
policy.
In addition to the specific
responsibilities arising in connection with these rights, students
bear a general responsibility to support this institution’s effort
to maintain a spirit of free inquiry and respect for the rights of
others. This responsibility arises from the fact that students are
the present beneficiaries of that traditional spirit and are best
positioned to preserve, improve, and transmit it to future generations.
This responsibility imposes a duty on students not only to refrain
from conduct which obstructs such effort of the institution but also
to support those aspects of institutional discipline designed to deter
or prevent such conduct.
Effective: March 12, 1996
Supersedes: UPS
300.000 dated September 8, 1994
and ASD 95-4
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