University Student Discipline
Introduction
Students are expected to make themselves aware of and abide by
the university community’s standards of behavior as articulated in
this section, the University Catalog, and other regulations of the
university. Students accept the rights and responsibilities of
membership in the Cal State Fullerton community when they are
admitted to the university. At the university, as elsewhere,
ignorance of the standards is not an acceptable justification for
violating community standards.
Because the functions of a university depend on honesty and
integrity among its members, the university expects from its
students a higher standard of conduct than the minimum required to
avoid disciplinary action.
Activities of students may result in violation of law, and
students who violate the law may incur penalties prescribed by civil
authorities. However, the university reserves the right to review
such incidents independent of action by civil authorities,
recognizing that the university’s authority and its disciplinary
process serve its educational mission and interest, a function
separate from action by civil authorities.
A. California State University Regulation - Section
41301: Standards for Student Conduct
The University is committed to maintaining a safe and healthy
living and learning environment for students, faculty, and staff.
Each member of the campus community must choose behaviors that
contribute toward this end. Student behavior that is not consistent
with the Student Conduct Code is addressed through an educational
process that is designed to promote safety and good citizenship and,
when necessary, impose appropriate consequences.
(a) Student Responsibilities
Students are expected to be good citizens and to
engage in responsible behaviors that reflect well upon their
university, to be civil to one another and to others in the campus
community, and to contribute positively to student and university
life.
(b) Unacceptable Student Behaviors
The following behavior is subject to disciplinary
sanctions:
(1) Dishonesty, including:
(A) Cheating, plagiarism, or other forms of
academic dishonesty that are intended to gain unfair academic
advantage.
(B) Furnishing false information to a University official, faculty
member, or campus office.
(C) Forgery, alteration, or misuse of a University document, key, or
identification instrument.
(D) Misrepresenting one's self to be an authorized agent of the
University or one of its auxiliaries.
(2) Unauthorized entry into, presence in, use of,
or misuse of University property.
(3) Willful, material and substantial disruption
or obstruction of a University-related activity, or any on-campus
activity.
(4) Participating in an activity that
substantially and materially disrupts the normal operations of the
University, or infringes on the rights of members of the University
community.
(5) Willful, material and substantial obstruction
of the free flow of pedestrian or other traffic, on or leading to
campus property or an off-campus University related activity.
(6) Disorderly, lewd, indecent, or obscene
behavior at a University related activity, or directed toward a
member of the University community.
(7) Conduct that threatens or endangers the health
or safety of any person within or related to the University
community, including physical abuse, threats, intimidation,
harassment, or sexual misconduct.
(8) Hazing, or conspiracy to haze, as defined in
Education Code Sections 32050 and 32051:
"Hazing" includes any method of initiation or pre-initiation into a
student organization, or any pastime or amusement engaged in with
respect to such an organization which causes, or is likely to cause,
bodily danger, physical harm, or personal degradation or disgrace
resulting in physical or mental harm, to any student or other person
attending any school, community college, college, university or
other educational institution in this state; but the term "hazing"
does not include customary athletic events or other similar contests
or competitions.
A group of students acting together may be considered a 'student
organization' for purposes of this section whether or not they are
officially recognized. Neither the express or implied consent of a
victim of hazing, nor the lack of active participation while hazing
is going on is a defense. Apathy or acquiescence in the presence of
hazing is not a neutral act, and is also a violation of this
section.
(9) Use, possession, manufacture, or distribution
of illegal drugs or drug-related paraphernalia, (except as expressly
permitted by law and University regulations) or the misuse of legal
pharmaceutical drugs.
(10) Use, possession,
manufacture, or distribution of alcoholic beverages (except as
expressly permitted by law and University regulations), or public
intoxication while on campus or at a University related activity.
(11) Theft of property
or services from the University community, or misappropriation of
University resources.
(12) Unauthorized
destruction, or damage to University property or other property in
the University community.
(13) Possession or
misuse of firearms or guns, replicas, ammunition, explosives,
fireworks, knives, other weapons, or dangerous chemicals (without
the prior authorization of the campus president) on campus or at a
University related activity.
(14) Unauthorized
recording, dissemination, or publication of academic presentations
(including handwritten notes) for a commercial purpose.
(15) Misuse of computer
facilities or resources, including:
(A) Unauthorized entry into a file, for any
purpose.
(B) Unauthorized transfer of a file.
(C) Use of another's identification or password.
(D) Use of computing facilities, campus network, or other resources
to interfere with the work of another member of the University
community.
(E) Use of computing facilities and resources to send obscene or
intimidating and abusive messages.
(F) Use of computing facilities and resources to interfere with
normal University operations.
(G) Use of computing facilities and resources in violation of
copyright laws.
(H) Violation of a campus computer use policy.
(16) Violation of any
published University policy, rule, regulation or presidential order.
(17) Failure to comply
with directions or, or interference with, any University official or
any public safety officer while acting in the performance of his/her
duties.
(18) Any act chargeable as a violation of
a federal, state, or local law that poses a substantial threat to
the safety or well being of members of the University community, to
property within the University community or poses a significant
threat of disruption or interference with University operations.
(19) Violation of the
Student Conduct Procedures, including:
(A) Falsification, distortion, or
misrepresentation of information related to a student discipline
matter.
(B) Disruption or interference with the orderly progress of a
student discipline proceeding.
(C) Initiation of a student discipline proceeding in bad faith.
(D) Attempting to discourage another from participating in the
student discipline matter.
(E) Attempting to influence the impartiality of any participant in a
student discipline matter.
(F) Verbal or physical harassment or intimidation of any participant
in a student discipline matter.
(G) Failure to comply with the sanction(s) imposed under a student
discipline proceeding.
(20) Encouraging,
permitting, or assisting another to do any act that could subject
him or her to discipline.
(c) Procedures for Enforcing This Code
The Chancellor shall adopt procedures to ensure students are
afforded appropriate notice and an opportunity to be heard before
the University imposes any sanction for a violation of the Student
Conduct Code.
(d) Application of This Code
Sanctions for the conduct listed above can be imposed on applicants,
enrolled students, students between academic terms, graduates
awaiting degrees, and students who withdraw from school while a
disciplinary matter is pending. Conduct that threatens the safety or
security of the campus community, or substantially disrupts the
functions or operation of the University is within the jurisdiction
of this Article regardless of whether it occurs on or off campus.
Nothing in this Code may conflict with Education Code Section 66301
that prohibits disciplinary action against students based on
behavior protected by the First Amendment.
Note: Authority cited: Sections 66017, 66452, 66600, 69810,
89030 and 89035, Education Code. Reference: Sections 66450, 69813 et
seq. and 89030, Education Code.
B. CSUF Academic Dishonesty Policy
Academic dishonesty includes but is not limited to
cheating on examinations or assignments, unauthorized collaboration,
plagiarism, falsification/fabrication of university documents, any
act designed to give unfair academic advantage to the student (such
as, but not limited to, submission of essentially the same written
assignment for two courses without the prior permission of the
instructor), assisting or allowing any of these acts, or the attempt
to commit such acts.
Cheating is defined as the act of obtaining or attempting to obtain
credit for work by the use of any dishonest, deceptive, fraudulent,
or unauthorized means. Examples of cheating include, but are not
limited to, the following: using notes or aides (including
electronic devices) or the help of other students on tests and
examinations in ways other than those expressly permitted by the
instructor, or any acts which defeat the intent of an examination,
plagiarism as defined below, and collaborating with others on any
assignment where such collaboration is expressly forbidden by an
instructor. Violation of this prohibition of collaboration shall be
deemed an offense for the person or persons collaborating on the
work, in addition to the person submitting the work. Documentary
falsification includes forgery, altering of campus documents or
records, tampering with grading procedures (including submitting
altered work for re-grading), fabricating lab assignments, or
altering or falsifying medical excuses or letters of recommendation.
Plagiarism is defined as the act of taking the work (words, ideas,
concepts, data, graphs, artistic creation) of another whether that
work is paraphrased or copied in verbatim or near verbatim form and
offering it as one’s own without giving credit to that source. When
sources are used in a paper, acknowledgment of the original author
or source must be made through appropriate citation/attribution and,
if directly quoted, quotation marks or indentations must be used.
Improper acknowledgment of sources in essays, papers, or
presentations in prohibited.
The initial responsibility for detecting and dealing with academic
dishonesty lies with the instructor concerned. An instructor, who
believes that an act of academic dishonesty has occurred, is
obligated to discuss the matter with the student (s) involved. The
instructor should possess reasonable evidence with respect thereto,
such as documents or personal observation. In this meeting, and
throughout the process, every effort should be made to preserve the
integrity of the educational relationship between instructor and
student. The student should be given the opportunity to respond to
the complaint. If the violation is discovered during the offering or
grading of the final exam, the instructor may assign a mark of “RP”
until the instructor has an opportunity for such a meeting. Also
because the student may challenge the allegation, he or she must be
allowed to attend all classes and complete all assignments until the
appellate process is complete. When necessary, such discussion may
be conducted by telephone or electronic mail.
However, if circumstances prevent consultation with student(s), the
instructor may assign an appropriate academic sanction (subject to
student appeal). An instructor who is convinced by the preponderance
of the evidence (the greater weight of the credible evidence) that a
student is responsible for academic dishonesty, shall:
1. Assign an appropriate
academic penalty, including, but not limited to: oral reprimand; “F”
or “O” on the assignment; grade reduction on assignment or course;
or “F” in the course. Factors to take into consideration in
assigning a grade sanction include: normative sanctions for
comparable acts, severity of the offense (academic gain or potential
academic gain if the action had gone undetected), harm or potential
harm to other students in the class, premeditation of the act.
2. Report to the student(s) involved, to the department chair, and
to the Dean of Students Office, Judicial Affairs, the alleged
incident of academic dishonesty, including relevant documentation,
actions taken by the instructor including grade sanction, and
recommendations for additional action that he/she deems appropriate.
The written report should be distributed as soon as possible,
preferably within 15 calendar days from discovery, but not later
than 30 calendar days after the first day of classes of the regular
semester (fall or spring) following the grade assignment.
The Dean of Students Office, Judicial Affairs,
shall maintain a disciplinary file for each case of academic
dishonesty with the appropriate documentation. Students shall be
informed that a disciplinary file has been established and that they
have an opportunity to appeal the actions of the instructor under
the Academic Appeals Policy. Dean of Students Office, Judicial
Affairs may initiate disciplinary proceedings under Title 5, Section
41301 and Executive Order 970. Sanctions which may be assessed
include but are not limited to: warning, probation, educational
sanctions, removal from academic program, suspension, expulsion,
denial of admission or enrollment in university classes including
Extended Education.
When two or more incidents involving the same
student occur, the Dean of Students Office, Judicial Affairs shall
initiate disciplinary proceedings. A student may appeal any sanction
assessed for a charge of academic dishonesty under UPS 300.030,
“Academic Appeals.” If the Academic Appeals Board accepts the
student’s appeal then the disciplinary file will be purged. If a
student does not appeal the instructor’s action or if the Academic
Appeal Boards rejects the student’s appeal the disciplinary file
will be maintained in a confidential file in the Dean of Students
Office, Judicial Affairs for a minimum of seven years. Disciplinary
probation and suspension are noted on the student’s academic record
during the term of the probation or suspension. A permanent notation
will be made on a student’s academic record if he or she is expelled
from the university. A second academic integrity violation usually
results in suspension from the university for a period of time.
In order to facilitate due process and to insure
that a student knows that academic dishonesty is subject to action,
this policy shall be published in the Catalog and Student
Handbook. Copies of this policy shall also be available in
every department office, the Dean of Students Office, and in the
Office of the Vice President for Student Affairs.
UPS 300.021
Effective: November 6, 2006
C. Appeals Regarding Academic Dishonesty
When a faculty member(s) has alleged that a
student, individually or as part of a group, has performed an act of
academic dishonesty and has penalized the student for the act, the
student has a right to contest the allegations and/or the penalty.
Because the university presumes that students act honestly, a charge
of academic dishonesty will only be upheld if the faculty member
provides a preponderance of the evidence to show that the student
performed an act of academic dishonesty. Charges of academic
dishonesty must be assessed on an individual basis.
Procedure:
1. The student shall make every effort to resolve the
allegation by consulting the faculty member.
2. If the student believes the allegation has not been resolved by
consultation, the student shall consult with the department chair,
coordinator, or other appropriate administrator having immediate
supervision of the faculty member. It is recommended that the
department chair, coordinator, or other appropriate administrator
maintain a written record of such consultation and/or its results.
Failing here, the student shall consult with the dean of the college
concerned.
3. If the student is not satisfied with the results of the
consultation process, the student may appeal in writing to the
Academic Appeals Board. The Coordinator of Academic Appeals receives
all written appeals. The student’s appeal shall state specifically
the nature of the allegation and the remedy requested; describe the
student’s attempts to resolve the allegation informally; and contain
any supporting documentation such as exams, papers, assignments
and/or other corroborating documents.
4. The Coordinator shall within two calendar weeks provide the
faculty member (or department chair, if necessary) with a copy of
the appeal. The faculty member (or department chair, if necessary)
shall within three calendar weeks during the regular semester (fall
or spring) following the grade assignment provide the Academic
Appeals Board with a written response to the student’s allegations.
5. The Board shall consider the request, and if the majority
believes that the request contains allegations requiring further
investigation, the Board shall notify the student and faculty
member(s) involved in writing.
6. The Board notice shall request that both parties submit such
documents, as the parties believe to be relevant and answer any
questions that the Board may ask.
7. After consideration of the documents submitted by the parties,
the Board shall decide either to hold a hearing or to dismiss or
uphold the appeal.
8. If the board issues a notice of hearing, the notice shall state
the time and place of the hearing.
(a) The hearing shall be closed to the public.
Either party may be represented by a person from the university
community. Neither the Academic Appeals Coordinator nor any member
of the Academic Appeals Board may represent either party. According
to Presidential Directive No. 9, the representative may not be a
licensed or practicing attorney. If either party is being
represented at the hearing, the party shall notify the Board in
writing of the name and address of the representative at least ten
calendar days prior to the hearing. Except for the party or parties,
a representative of each party, the board members, and the Academic
Appeals Coordinator, no one else shall be present at the hearing.
Any exception to this restriction shall be at the discretion of the
Academic Appeals Board. At its discretion the Board may hear each
party separately unless either party requests a joint hearing. Three
Board members must be present to conduct a hearing.
(b) At the hearing the Board shall receive all evidence and
testimony of a type responsible parties are accustomed to relying
upon in the normal course of university business.
9. During its deliberations (based on the written
submissions, or after a hearing) the Board will determine whether a
preponderance of the evidence establishes that the student performed
an act of academic dishonesty. A majority (more than half) of those
participating in the vote (those members casting a “yes” or “no”
vote) is necessary to sustain an allegation of academic dishonesty.
The decision of the Board is final. The Board shall notify both
parties of its decision in writing, including the grounds for the
Board action.
10. If the allegation of academic dishonesty is upheld, the penalty
assessed by the faculty member shall become permanent. The Board
shall notify the Associate Dean of Student Affairs, Judicial Affairs
in writing.
11. If the Board does not find that academic dishonesty occurred,
(a) All the Board’s case files shall be purged at
the end of the following semester. The Board shall notify the
Associate Dean of Student Affairs, Judicial Affairs in writing.
(b) If the Board designates a specific grade change, the faculty
member has ten working days to adopt the remedy as his/her own. If
the faculty member refuses to do so, the Board Chair shall implement
the change.
(c) If the Board recommends alternatives, the Department Chair shall
appoint an ad hoc committee to select from the recommendations. The
process shall be completed within 30 calendar days of the
notification of the Board’s decision.
(d) The ad hoc department committee shall have the authority to
carry out those duties assigned to it by the Board. The ad hoc
committee must provide the Board a written rationale explaining the
basis for its decision. Such rationale shall become part of the
record of the appeal.
12. If, in the opinion of the Board, cases are
related, the Board may hear and decide cases consolidated by Board
action. The Board shall notify all parties of the consolidation.
D. Appeals Regarding Capricious or Arbitrary Assignment
of a Grade
Faculty members have the sole right and
responsibility to provide careful evaluation and timely assignment
of appropriate grades. In the absence of compelling reasons, such as
instructor or clerical error, prejudice or capriciousness, the grade
assigned by the instructor of record is to be considered final.
A student who alleges capricious, arbitrary or prejudicial
(collectively “arbitrary”) treatment in the assignment of a course
grade (“grade”) has a right to contest that grade. Because the
university presumes that the individuals who assigned the grade
(“faculty member”) were fair and objective in the assignment of that
grade, a grade will be upheld unless the student presents a
preponderance of the evidence that the faculty members acted
arbitrarily. A faculty member’s normal exercise of professional
judgment will not support a charge of arbitrary treatment.
Procedure:
1. The student shall consult with the faculty member.
2. If the student is not satisfied with the result of the appeal to
the faculty member, the student shall consult with the department
chair, coordinator, or other appropriate administrator having
immediate supervision of the faculty member. It is recommended that
the department chair, coordinator, or other appropriate
administrator maintain a written record of such consultation and/or
its results. Failing here, the student shall consult with the dean
of the college concerned.
3. If the faculty member is unable or refuses to participate, the
department chair shall assume responsibility for initiating grade
changes deemed to be justified. The department chair shall consult
with an ad hoc faculty committee composed of current campus faculty
with academic training comparable to the instructor of record and
established by the department in fulfilling this responsibility. In
addition, the department chair shall provide the ad hoc committee
with certification of a “good faith” effort to consult with the
faculty member named in the appeal whenever such consultation is
possible and appropriate.
4. If the student is not satisfied with the result of the
consultation process, the student may appeal in writing to the
Academic Appeals Board.
5. The Coordinator of Academic Appeals receives all written appeals.
The student’s appeal shall state specifically the nature of the
allegation(s) and the remedy requested; describe the student’s
attempts to resolve the allegation informally; and contain any
supporting documentation such as the class syllabus, exams, papers,
assignments and/or other corroborating documents. The Coordinator
shall within two calendar weeks provide the faculty member (or
department chair if necessary) with a copy of the appeal. The
faculty member (or department chair if necessary) shall within three
calendar weeks during the regular semester (fall or spring)
following the grade assignment provide the Academic Appeals Board
with a written response to the student’s allegations.
6. The Coordinator shall within one month of receiving a faculty
member’s response provide relevant written materials to all parties
in the dispute and shall serve as an informal mediator. If the
Coordinator cannot mediate the complaint to the satisfaction of the
parties, the Board shall formally consider the complaint.
7. If the Board believes that sufficient evidence has been presented
to merit further consideration, it shall so notify both parties.
Both parties shall then submit any relevant documents and answer any
questions the Board may ask. The Board shall then decide whether to
dismiss or uphold the appeal or to proceed to a hearing. This
decision shall be in writing to both parties and shall state the
ground(s) for Board action.
8. If the Board issues a notice of hearing, the notice shall state
the time and place of the hearing. The hearing shall be closed to
the public. Either party may choose a representative from the
university community. Neither the Academic Appeals Coordinator nor
any member of the Academic Appeals Board may represent either party.
According to Presidential Directive No. 9, the representative may
not be a licensed or practicing attorney. If either party is being
represented at the hearing, that party shall notify the Board in
writing of the name and address of the representative at least ten
calendar days prior to hearing. Except for the party or parties, a
representative of each party, the board members, and the Academic
Appeals Coordinator, no one else shall be present at the hearing.
Any exception to this restriction shall be at the discretion of the
Academic Appeals Board. At its discretion the Board may hear each
party separately unless either party requests a joint hearing. Three
Board members must be present to conduct a hearing.
9. The Board shall receive all evidence and testimony at the hearing
of a type responsible parties are accustomed to relying upon in the
normal course of university business.
10. During its deliberations after the hearing, the Board will
determine whether a preponderance of the evidence establishes that
the grade was assigned in an arbitrary manner. A majority (more than
half) of those participating in the vote (those members casting a
“yes” or “no” vote) is necessary to sustain an allegation of
arbitrary treatment.
11. If the Board decides that the grade was not assigned in an
arbitrary or capricious manner, then it shall so notify both parties
in writing of its findings and the rationale.
12. If the Board decides that the grade was assigned in an arbitrary
or capricious manner, then it shall so notify both parties in
writing of its findings and the rationale. This notice shall contain
a recommended remedy. If the Board designates a specific grade
change, then the faculty member has ten working days to implement
the change. If the faculty member refuses to do so, then the Board
Chair shall implement the change. If the Board recommends
alternatives, then the Department Chair shall appoint an ad hoc
committee to select from the recommendations. The process shall be
completed within 30 calendar days of receipt of the Board
recommendations.
13. The ad hoc department committee shall have the authority to
carry out those duties assigned to it by the Board. The ad hoc
committee must provide a written rationale explaining the bases for
its decision. Such rationale shall become part of the record of the
appeal.
14. If allegations are raised that the above appeal procedures were
not followed, then the Associate Dean of Student Affairs, Judicial
Affairs will review the appeal to determine if the above procedures
were followed and if any procedural error was material. Within three
weeks, if it is determined that procedures were followed and/or that
any procedural error was immaterial, then the decision of the Board
will stand. If it is determined that a failure to follow procedures
represented a material error, then the matter will be referred back
to the Board with a written explanation of the error.
E. Timing of Appeals Process
The student shall initiate either appeals process
by contacting the faculty member within 30 calendar days of the
first day of classes of the regular semester (fall or spring)
following the grade assignment. The written appeal shall be
submitted within 60 calendar days of the first day of classes of the
regular semester (fall or spring) following the grade assignment.
The university will attempt to conclude each appeal within 180
calendar days from the date on which the student submitted the
written appeal to the Coordinator of Academic Appeals. Appeals will
only be heard during either the fall or spring semesters.
F. Coordinator of Academic Appeals
The Coordinator of Academic Appeals shall be
chosen by the Vice President for Student Affairs. The Vice President
for Academic Affairs and the Executive Committee of the Academic
Senate shall have a consultative role in the making of that
appointment. The duties of the coordinator shall include:
1. Maintaining a record of all academic appeals and each September
providing to the President and the Academic Senate a written report
listing the number of appeal cases heard and the disposition of each
case during the previous academic year;
2. Coordinating the Academic Appeals Board by convening the Board,
providing them with the appropriate background information,
scheduling all necessary meetings, hearings, and witnesses;
3. Interpreting university policy to students concerning grading
procedures and students' rights and responsibilities;
4. Interviewing students and faculty involved in appeals complaints
and discussing the problems with department chairs and college deans
as necessary, informally mediating the appeals where possible;
5. Ensuring the confidentiality of all subject matter and that the
rights of all parties are protected;
6. Exhibiting neutrality in this process and being a facilitator
rather than an advocate for either side; and
7. Making recommendations to the Academic Appeals Board and to the
appropriate Academic Senate committee when changes in university
policy appear to be necessary.
UPS 300.030
Effective: June 24, 2005
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