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
(a) Campus Community Values
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 should choose behaviors that contribute toward this end. 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 contribute positively to student and university life.
(b) Grounds for Student Discipline
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.
The following are the grounds upon which student discipline can be based:
- 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.
- Unauthorized entry into, presence in, use of, or misuse of University property.
- Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.
- 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.
- 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.
- Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community.
- 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.
- 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.
- 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.
- 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.
- Theft of property or services from the University community, or misappropriation of University resources.
- Unauthorized destruction, or damage to University property or other property in the University community.
- 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.
- Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
- 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.
- Violation of any published University policy, rule, regulation or presidential order.
- 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.
- 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.
- 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.
- 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:
- 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.
- 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:
- The student shall make every effort to resolve the allegation by consulting the faculty member.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- The student shall consult with the faculty member.
- 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.
- 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.
- If the student is not satisfied with the result 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(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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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;
- Coordinating the Academic Appeals Board by convening the Board, providing them with the appropriate background information, scheduling all necessary meetings, hearings, and witnesses;
- Interpreting university policy to students concerning grading procedures and students' rights and responsibilities;
- 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;
- Ensuring the confidentiality of all subject matter and that the rights of all parties are protected;
- Exhibiting neutrality in this process and being a facilitator rather than an advocate for either side; and
- 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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