Student Code of Conduct - University of the Ozarks

Purpose

The Student Code of Conduct encourages students to take responsibility for positively contributing to our living and learning community. If the behavior or conduct of a student or their guest infringes on other members of the community or negatively impacts the institution, the University reserves the right to address the behavior with the student through the conduct process prescribed herein.

Students are responsible for being fully acquainted with all rules and regulations pertaining to students and their guests, and for complying with them accordingly.

The University and the Law

Alleged violations of federal, state and local laws may also be investigated and addressed through the University’s Student Code of Conduct process. Students will be held accountable both to law enforcement authorities and to the University for behavior that constitutes both a violation of the law and the Student Code of Conduct. The University of the Ozarks Student Code of Conduct process will operate independently of any criminal proceeding that may arise from the same incident.

Student Rights & Responsibilities

Student Rights

University of the Ozarks seeks to maintain an environment where students have the following rights:

Expression: Students can freely examine and exchange diverse ideas in an orderly and respectful manner.
Association: Students can associate freely with other individuals, groups of individuals and organizations, for purposes which do not infringe on the rights of others, or the mission of the University.
Freedom from Discrimination: Students can expect to participate fully in the University community without discrimination, as defined by federal and state law, as well as University policies.
Safe Environment: Students can function in their daily activities without unreasonable concerns for personal safety.
Support: Students have access to support in understanding self and others.
Grievance Processes: Students are provided with procedures for respectfully presenting and addressing their concerns/complaints to the University.
Personal Growth: Students live and study in a setting that promotes personal growth.

Students agree that their rights can only be honored when they agree to honor the rights of other members of the campus community.

Student Responsibilities

Students enrolling at the University assume an obligation to conduct themselves and their guests in a manner that is civil and compatible with the University’s mission and function, as an educational institution.

Principles of Student Conduct

Respect for self

The University values all its students and is concerned with their total development. Therefore, it is appropriate to set expectations for personal integrity, which encourage students to appreciate their own talents, to take themselves and their academic pursuits seriously and to enhance the quality of their lives. Students engaging in behaviors that disrespect their self are encouraged to seek help from the University community as such behaviors might impede an individual’s ability to enjoy the opportunities of education and to fulfill their commitments as a student.

Respect for Others

Members of the University must act out of mutual respect for themselves and others to establish an atmosphere of trust. Therefore, University of the Ozarks counts on its members to treat one another with sensitivity, consideration, understanding, tolerance, and an active concern for the welfare of others. It is expected that students will be open to learning about and respecting different people. The University requires that its members show respect for others regardless of race, color, age, veteran status, gender, national origin, religion, marital status, sexual orientation, gender identity or presence of a disability.

Respect for Property

This principle requires students to respect both personal and institutional property, both on and off campus.  The mission we share depends upon the responsible use of all property. Respect for property also involves helping to foster a well-maintained environment, a sense of security, tranquility, and accomplishment.

Respect for Authority

At University of the Ozarks authority resides in the officers of the University, its faculty, administration and staff (including student staff) – each of whom has been charged with responsibilities essential to the orderly operation of the University. By providing structure, these individuals preserve the well-being and freedom of community members in an orderly environment in which all can develop.

Honesty

Students are expected to demonstrate the personal characteristic of honesty and integrity while off or on campus including all aspects of their University life.

Student Conduct Authority and Responsibility

The Student Code of Conduct and the associated procedures cover all University of the Ozarks students (whether residing on or off campus). The University reserves the right to take appropriate action when alleged violations of University regulations, or (local, state, or federal) laws take place on or off campus and come to the University’s attention.

Responsibility for the student conduct system is delegated to the Dean of Students.

Procedures for Student Code of Conduct

The Dean of Students serves as the chief student conduct officer for the University and evaluates any reports of alleged violations of the Student Code of Conduct, Residential Life Policy, University Policy, and/or Student Rights and Responsibilities received by the institution.  

If a student is believed to be in violation of the Student Code of Conduct, submit a report to the Dean of Students. The Dean of Students will review the information and refer the report to a Conduct Officer. These reports may be submitted by faculty, staff, students, or from the community.  

Referral to Student Conduct Conferences

The conduct process is an educational tool that assists the University in determining responsibility for misconduct and provides a method to redirect behaviors toward patterns more acceptable to the University community.

Upon receipt of reports or other information which allege a potential violation of the Student Code of Conduct or other rules and regulations pertaining to students, the Office of Student Life will conduct a preliminary review of the matter. Students will be referred to a Conduct Conference with a Conduct Officer or an Administrative Conduct Meeting.

Conduct Conferences

Students accused of alleged violations will be referred to a Conduct Conference which is either with a staff member from the Office of Student Life or other designee, referred to as “Conduct Officer” or sometimes with a “Administrative Conduct Meeting” (See term definition). Students will be provided with reasonable notice of a scheduled conduct conference and the alleged misconduct and an account of the alleged misconduct upon which the violation is based. Students may respond in writing (this includes written witness statements) to the alleged misconduct prior to the Conduct Conference. At the Conduct Conference, Students will be afforded the opportunity to offer a relevant response (including witnesses) to the alleged violation and alleged misconduct. Accused students will be required to answer fully any questions asked of them. During the Conduct Conference, students are expected to uphold the Student Code of Conduct and be honest at all times. A Conduct Conference may require more than one meeting or additional investigation to come to a determination.

When the Conduct Officer or Administrative Conduct Meeting does not believe additional investigation is warranted, a determination as to responsibility will be made, and if applicable, a sanction determined. For a student to be found responsible for a violation of the Student Code of Conduct and/or any other rules and regulations pertaining to students, it should be determined that it is more likely than not that an alleged violation occurred. The Office of Student Life will provide the student with written notification of the outcome of the Conduct Conference after determination has been made.

The Dean of Students has full discretion to refer any and all student cases to any Conduct Officer or Administrative Conduct Meeting. During periods when timely Conduct Conference procedures cannot be conducted, and in instances when the number of cases to be heard cannot be scheduled in a timely manner, alternative procedures may be adopted to efficiently and fairly resolve cases.

Failure to Participate/Appear

Students scheduled to be present at a conduct conference or Administrative Conduct Meeting board are expected to appear as scheduled. Students who fail to appear will be considered in violation of Prohibited Student Conduct (“Refusal or failure to respond to a request to report to a University administrative office or participate in a Conduct Conference”). A Conduct Conference will be held in the student’s absence, and the student will be notified in writing of the sanction(s) imposed.

Closed Proceedings

All preliminary meetings, conduct conferences, and hearings are closed processes open only to Conduct Conference Officers, the accused student(s), and relevant called witnesses. The disciplinary process serves an educational rather than legal purpose; therefore students are not allowed legal representation during a conduct conference or hearing, unless express written permission to that effect has been granted by the Dean of Students or their designee.

Concurrent Civil or Criminal Action

Disciplinary action may be initiated against a student charged with a violation of local, state or federal law which is also a violation of the Code of Conduct and/or other rules and regulations pertaining to students when both violations result from the same factual situation, without regard to pending civil litigation, criminal arrest, and/or prosecution. Conduct proceedings as set forth in this Code may be carried out prior to, simultaneously with, or following external civil or criminal proceedings.

Appeal Process

When a student or student group is formally notified of the findings from a Conduct Conference, the student has the right to appeal the findings or results. In cases initially heard by a Conduct Officer, appeals should be directed to the Dean of Students. In cases initially heard by the Dean of Students, appeals should be directed to the Vice President for Student Success. Such appeal requests must be filed in writing no later than three (3) University business days after receipt of the written results of the Conduct Conference. Appeals from students found responsible during the Conduct Conference will only be granted on the following grounds:

The student was not afforded their procedural protections as outlined in the Student Code of Conduct and this significantly affected the student’s ability to receive a fair Conduct Conference.
New and substantive information has become available since the initial Conduct Conference which would have significantly altered its results.

The Dean of Students or Vice President for Student Success will only review written appeal requests, the case file, and written findings from a Conduct Conference. All sanctions assessed from a Conduct Conference will remain in effect during the appeal period and process, until such time as they are reversed or modified.

Following review of the appeal request, the Dean of Students or Vice President for Student Success may elect to void the decision, uphold the decision, alter the sanctions, or require a new Conduct Conference. The decision of the Dean of Students or Vice President for Student Success in all appeal reviews is the final University decision.

Procedures for Student Groups

Student groups may be accused of violating the Student Code of Conduct, and be held responsible either individually or collectively, if violations by those associated with the group received the tacit or overt consent or encouragement of the group or its officers. Possible violations will be referred to the Office of Student Affairs for investigation under the provisions of the Student Code of Conduct. Sanctions for a student group may include revocation of the group’s recognition by the University, as well as other appropriate sanctions.

Cases involving student groups will be heard by the Dean of Students/Designee. Student groups will be accorded the same hearing and appeal procedures provided for students herein, except where noted in the following section.

Special Administrative Evaluation

The University reserves the right to deny admission, continued enrollment, or re-employment to any applicant or student as a result of the University receiving information, or the applicant’s or student’s failure to disclose information, on the admission or employment application, regarding a student whose personal history and background indicate that their presence at the University would endanger the health, safety, welfare or property of themself or members of the academic community, or interfere with the orderly and effective performance of the University’s functions.

A student may be subject to special requirements or sanctions, including suspension or dismissal from the University, for actions not otherwise covered in the Student Code of Conduct if it is determined from the student’s behavior that they:

Lack the capacity to understand the nature of the accusation against them, or to respond and participate in the disciplinary process;
Pose a danger to themself or others; and/or
Have become gravely disabled (lack the ability to care for themself).

In such instances, the case will be referred to the Dean of Students or designee, who may require an evaluation of the student by appropriate medical and/or mental health care professionals either on or off campus. Students must consent to evaluation as a condition of their enrollment or continued matriculation. Any student who refuses to participate in any such evaluation may be dismissed or suspended as determined by the Dean of Students or designee.

In addition, it may be necessary for the safety and health of the student and or community that an individual be transported to a treatment facility. If the University and/or its agents deem necessary, community authorities will be contacted in order to assist in this regard.

Procedural Protections for Accused Students

Accused students are responsible for fully familiarizing themselves with the procedural protections set forth herein, and for presenting any questions regarding the process prior to scheduled Conduct Conferences. Students who are accused of violating the Student Code of Conduct are entitled to the following procedural protections.

Notice of any scheduled Conduct Conferences.
- All notices should include:
  - Identity of those who will oversee the Conduct Conference
  - Account of alleged misconduct
  - Alleged policy violation
  - Date, time, and location of the Conduct Conference
Ability to offer a relevant response to an alleged violation and alleged misconduct which may include witness statements.
Written notification of the outcome of the Conduct Conference.
The right to privacy in the conduct conferences and Administrative Conduct Meetings and record keeping, in accordance with the terms of the Family Educational Rights and Privacy Act (FERPA) of 1974 and any other relevant federal or state regulations.
Ability to appeal sanctions assessed.

The University reserves the right to adjust the conduct process as it determines necessary in order to assure fairness, order, efficiency or the physical and emotional security of individuals.

Statement on Victims

The University will take reasonable measures to assist students who are victims of acts by others that violate the Student Code of Conduct and/or other University policies. The Dean of Students or a designee will meet with student victims and discuss the Student Code of Conduct process as well as reasonable options which are available to assist victims in continuing their educational experience at the University.

Prohibited Student Conduct

Policies and expectations regarding student behavior and personal conduct are detailed within the Student Code of Conduct, Residential Life Policies, University Policies, and Student Rights and Responsibilities. The expectations outlined below provide students with additional awareness of prohibited conduct. The list is not designed to be all-inclusive but should serve as an example of additional behavior deemed unacceptable, and thus be broadly read. The following actions, in addition to violations of all other rules and regulations relating to students outlined in other sections of the Student Handbook, constitute conduct for which students may be sanctioned, whether such conduct occurs on or off campus.

Dishonesty

Dishonesty or furnishing false information to the University. Furnishing false information to the University during the investigation or Administrative Conduct Meeting of a disciplinary matter.

Threatening or Causing Harm

Causing reasonable apprehension of physical harm. Other conduct which endangers the health or safety of any person including, but not limited to:
Verbal abuse, threats, intimidation, harassment or coercion. Harassment via electronic modes of communication, including but not limited to: electronic mail, text messaging, and Internet sites.
Verbally threatening, abusing or harassing University officials acting in the performance of their duties.
Issuing any warning or threat of fire, act of arson, explosion or other emergency on University property, University premises or at University sponsored activities.

Failure to Comply with a University Office or Official

Refusal or failure to respond to a request to report to a University office or participate in a Conduct Conference.
Failure to comply with directives, failure to provide University of the Ozarks ID, or failure to identify oneself (upon request) to University officials acting in the performance of their duties.
Violating the terms of any conduct sanction imposed in accordance with the Student Code of Conduct.

False identification and/or documentation

Forgery, alteration, destruction, or unauthorized use of University documents, records, or identification instruments.

Inappropriate Personal Conduct

Disorderly conduct, lewd, indecent or obscene behavior on or off campus.
Use of electronic or other devices to make an audio or video record of any person where there is a reasonable expectation of privacy without the person’s prior knowledge or express consent. This includes, but is not limited to individual rooms, showers, locker rooms or restrooms.

Interference with University Operations

Interfering with, obstructing, or disrupting normal University or University sponsored activities, including but not limited to: 

Studying, teaching, research, conduct proceedings, University administration, residence hall living, student activities, athletic events, police or emergency services.
Interfering with the freedom of expression of others on University premises or at University sponsored activities.

Theft, Property Damage, and Vandalization

Attempted or actual theft, wrongful appropriation, and/or damage to property or of services belonging to the University, a member of the University community, or other entities permanently or temporarily associated with the University, or knowingly possessing stolen property.
Damage to, destruction of, vandalizing, and/or unauthorized selling of University property or property belonging to others.

Violations of University Policy and/or the Law

Failure to report violations of local, state, or federal law, whether such conduct occurs on- or off-campus.
An attempt to commit or to be an accessory to the commission of any act in violation of the Student Code of Conduct or other rules and regulations pertaining to students.
Inciting other students to violate the Student Code of Conduct or other rules and regulations.

Sanction Information

The purpose of disciplinary sanctions is to redirect students’ behaviors toward patterns more acceptable to the University community, if such redirection is feasible; and/or to protect the University community from possible harm or injury. This information is outlined to assure that students are aware of the potential consequences of their misconduct. Sanctions will be determined on a case-to-case basis, utilizing three main criteria:

The nature of the offense;
The precedent, if any, established at the University for similar offenses; and
The previous disciplinary history of the student, if any, and the student’s attitude and behavior throughout the disciplinary process.

Students, who fail to comply with University directives and/or sanctions, may have holds placed on the release of their grades, records and/or transcripts.

The University has the authority and responsibility to exclude those who find their personal values incompatible with the University’s mission and function as an educational institution, or who are unable to respect the University’s values.

Formal Sanctions

The University may impose any of the following sanctions on a student or group of students: Warning, Educational/Developmental, Restitution, Fines, Notice to Parents, Probation, Suspension, Dismissal.

DEPARTURE FROM CAMPUS FOLLOWING SUSPENSION OR DISMISSAL

Any student, who has been suspended or dismissed from the University for conduct or other reasons, must leave the premises immediately after being notified of such action.

Postponement of Activity, Participation and Conferring of Honors and Degrees

The University reserves the right to delay or postpone the involvement of a student in any University-related activity, or delay or postpone the conferring of any honor or degree while any student conduct investigations or procedures, including appellate procedures, are pending.

REINSTATEMENT FROM SUSPENSION

When a student has concluded a suspension period, they must submit a letter to the Dean of Students requesting reinstatement and provide documentation that they have taken action to positively address the issues which led to the suspension. The student may return to the University only after the Dean of Students formally communicated to the student in writing that the student may return.

Other Possible Sanctions

Other possible sanctions which may be assessed against students include, but are not limited to:

University facilities restrictions;
Restriction from extracurricular campus events and programs;
Notification sent to the student’s Academic Advisor, Academic Dean or Program Director, and when applicable, the Athletic Department and/or Coaches;
Restriction from representing the University in any public performance, athletic event, committee, organization, or from holding any student government office or office in any recognized student organization, or participating in any organized University function;
Ineligibility to receive financial assistance from any funds provided by the University, including grants, scholarships, waivers, etc.;
Ineligibility to hold an on-campus job (i.e. work study, institutional or third party);

Maintenance of Records

When a student is accused of violating the Student Code of Conduct, a conduct file is created. This file contains all the information pertinent to the situation in which a student has been involved. Each subsequent time a student is accused of violating the Student Code of Conduct, their prior record may be used in determining sanctions. Such records shall be maintained by the Office of Student Affairs 3 to 7 years past graduation of the student from the University.

STUDENT CONDUCT DEFINITION OF TERMS

Accessory: Encouraging, permitting, or assisting another to participate in any act that could subject them to discipline qualifies as being an accessory. This aid/contribution can take the form of knowing about misconduct and not reporting the misconduct to a proper authority at the University.

Chosen Supporter: Any individual a student selects to be present in a Student Conduct meeting in a support capacity (this individual does not speak on behalf of the student). If a student does not have someone to serve as a chosen supporter, a Conduct Officer or the Dean of Students will aid in identifying one.

Conduct Conference: A meeting between a staff member from the Office of Student Affairs or other designee, and the student(s) accused of alleged violations of University policy or an Administrative Conduct Meeting* (see definition of an Administrative Conduct Meeting below).

Conduct Officer: Any individual authorized by the Dean of Students to evaluate whether a student has violated the Student Code of Conduct and recommend University sanctions.

Administrative Conduct Meeting*: A meeting between an administrator or a group of administrators with the student(s) accused of alleged violations of University policy.

Member of the University Community: Any individual who is a student, faculty member, staff member, or any other person representing the University.

Sanction: An action taken by the University in response to a violation of University Policies and/or the Student Code of Conduct. The purpose of such action is to establish expectations which uphold the mission of the University as well as to help students recognize acceptable boundaries of their actions and the consequences of future choices.

Students: All individuals taking courses at University of the Ozarks, both full and part-time. Individuals who are on internship/rotations, even if not earning credit, are also considered students. Individuals, who have a continuing relationship with University of the Ozarks even if they are studying abroad or are on leave, are also considered students.

University Official: Any person employed by the University performing assigned administrative or professional responsibilities, including student staff members.

University Premises: All land, buildings, facilities, and other property in the possession of, or owned, used, leased, or controlled by University of the Ozarks, as well as property contiguous to such land, buildings, and facilities.

Sanction Terms

Warning: A warning serves as notice to a student, either written or verbal, that a failure to meet the University’s expectations for student conduct has occurred. The warning will include a caution that the continuation or repetition of such behaviors will result in more serious sanctions.

Educational or Developmental: Educational or Developmental sanctions are required activities intended to engage the student in a positive learning experience related to the student’s inappropriate behavior. Positive actions should allow students to reflect upon their inappropriate behavior, to learn about the behavior in which they engaged, and to gain an understanding of why it is inappropriate or unacceptable. Such actions may include but are not limited to: attending or presenting a program related to the implications of the student’s conduct, engaging in a campus or community service project, or engaging in some type of personal assessment or counseling.

Restitution: A student whose actions deprive the owner of possession of, damage, deface or destroy any University or personal property, or create a financial expense to address impacts of said behavior shall be required to restore said property by replacement or by monetary reimbursement, in addition to any other sanctions which may be imposed. Restitution charges will be placed on the students’ University accounts and must be paid in full.

Notice To Parents: The University may at its discretion, and when it considers such action to be appropriate, notify the parents of students involved in disciplinary matters. Usually, the University, in compliance with the Family Educational Rights and Privacy Act (FERPA) of 1974, will only notify the parents of a dependent student as defined in Internal Revenue Code, section 152, (1954). However, as a condition of remaining at University of the Ozarks a student may be required to notify their parents of their disciplinary standing with the University.

The Higher Education Act of 1998 gave universities who receive federal funding authority to notify parents for any drug or alcohol violation. When the University believes it is in students’ best interest, the Dean of Students or designee will require a student to contact their parents regarding their disciplinary status, and have the parents confirm this notification.

Disciplinary Probation: Disciplinary probation is a notice to the student that their behavior is of such a nature as to place that student in jeopardy of removal from the University. A student is placed on disciplinary probation for a specified period of time, and specific obligations are outlined. During this period, the student must demonstrate the ability to comply with University rules, regulations and all other stipulated requirements. Any violation of this probation or other University policies may result in additional university sanctions being imposed, and/or the student being immediately removed from the University.

Suspension: Suspension from the University involves the exclusion of the student from participation in any academic or other activities of the University for a specified period of time. Written notification of this action will be provided to the student. Suspension from the University also involves the following:

The suspension will be noted on the student’s conduct record with the University;

The student will be withdrawn from all courses for the semester in which the violation occurred;

The student shall forfeit fees paid according to the normal refund schedule of the University;

The student is banned from campus, must refrain from visiting the University property, premises, or attending University-sponsored activities unless prior written permission has been granted by the Dean of Students; and

The suspension may include any other disciplinary action that is judged to be of value to the student.

Dismissal: Dismissal is permanent expulsion from the University; it may be ordered as a result of very serious violations and/or repeated offenses. In addition to forfeiting all tuition, room and board fees, the student suffers all the other losses and restrictions imposed upon suspended students. Dismissed students additionally forfeit all academic credit for all courses carried for the semester in which the violation occurred; and are never again eligible to apply for re-admission to the University at any time.