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University of Colorado Colorado Springs

Student Code of Conduct

Article 1
Overview

The purpose of the Student Code of Conduct is to maintain the general welfare of the university community. The university strives to make the campus community a place of study, work, and residence where people are treated, and treat one another, with respect and courtesy. The university views the student conduct process as a learning experience that can result in growth and personal understanding of one's responsibilities and privileges within both the university community and the greater community. All students must follow these standards. Students who violate these standards will be subject to the UCCS conduct process and associated sanctions. These procedures are designed to provide fairness to all who are involved in the conduct process. This policy should not be construed, and will not be enacted, to deny any student the right to free speech and expression.

Article 2
Authority

Article 7, Part B, of the Laws of the Regents requires each campus to develop a student code of conduct. The Office of Judicial Affairs is authorized to establish and administer this policy. Any questions regarding the interpretation of this code or any of its provisions should be directed to the Vice Chancellor for Student Success and Enrollment Management (VCSSEM) or his/her designee for final determination.

Questions regarding behavioral issues should be directed to the Office of Judicial Affairs, University of Colorado Colorado Springs, phone 719-255-3258 or 719-255-3838.

Article 3
Jurisdiction

This policy governs: Student conduct that occurs on or as it relates to the university property, or at official functions and university-sponsored programs conducted away from the campus. University property is defined as land, buildings and facilities in possession of or owned, used or controlled by the university or funded by university budgets.
Student conduct that occurs off university property is subject to this policy if it: Adversely affects the health, safety or security of any member of the university community, or adversely affects the mission of the university. Involves any records or documents of the University. Proceedings initiated under this policy are separate from civil or criminal proceedings that may relate to the same incident. Conduct proceedings by the university are not postponed while criminal or civil proceedings are pending.

Article 4
Advisors

A charged student and an alleged victim of an alleged policy violation have the right to be accompanied by an advisor during the conduct process. Advisors are not permitted to speak for, or on behalf of, the charged student or the alleged victim during any phase of the conduct process, including hearings. However, with permission from the Judicial Affairs Officer or the Conduct Board, advisors may make a statement and/or ask questions of the charged student to present relevant information after the Judicial Officer/Conduct Board has completed discussions with the charged student or alleged victim.

Article 5
Duties and Expectations of Students

It is the duty of all students involved in the conduct process to participate conscientiously. Students are expected to read this policy, make a timely report of an incident, and file all necessary complaints through the Office of Judicial Affairs. Students have a duty to discuss the incident with a Judicial Officer over the telephone or in person, adhere to stated deadlines, attend scheduled meetings, and participate in all proceedings. Failure to meet these duties and expectations may result in a student being charged with failing to comply with the directions of a university official.

Article 6
Mission Statement and Values of the Office of Judicial Affairs

The mission of the Office of Judicial Affairs is to establish an ethic of care at the University of Colorado at Colorado Springs, through its preventive, behavioral and accountability practices. Establishment of an ethic of care will assist in providing a safe, respectful and supportive community where students, parents, faculty and staff will be challenged to develop their critical thinking, values, connectedness to the community, sense of identity, understanding of independence and interdependence and multicultural awareness. An "ethic of care" model for Student Conduct is a holistic approach to engage community members regarding their behaviors and responsibilities, recognizing that concern for self and others in a community of individuals can have a powerful impact. The values, functional practices and programs of the Office of Judicial Affairs support this holistic model and demonstrate an effort to aid in student development and contribute to a positive, successful and respectful living and learning environment throughout the university community. The values of the Office of Judicial Affairs provide a framework for programs and practices that mirror institutional values. The Office of Judicial Affairs' values are: civic responsibility and student involvement, education and development of all students, respect, dignity and equity, a socially just community, responsibility, accountability and critical thinking, fairness, honesty, and integrity.

Article 7
UCCS Code of Student Conduct

Purpose: The Laws of the Regents authorize the Chancellor of each campus to "develop a code of student conduct." Laws of the Regents 7.B.4. This code of conduct is intended to prescribe standards of appropriate conduct for students attending UCCS and to provide notice to students of prohibited actions. Violations of the code of conduct may lead to disciplinary action against any student enrolled at UCCS at the time of the action giving rise to a disciplinary proceeding.

Scope: This code of conduct applies to all students enrolled at UCCS at the time of an action giving rise to a disciplinary proceeding. It applies at all times to students who are on the UCCS campus, as well as to students who are participating in any UCCS sponsored activity or program. Students enrolled at UCCS are expected to abide by this code of conduct at all times during their enrollment. On a case-by-case basis, UCCS may impose discipline against any student who violates the code of conduct while off campus, provided that the alleged conduct adversely affects UCCS or demonstrates that the student is unable to meet his or her responsibilities to UCCS and the community it serves.

Non-Exclusive: This code of conduct does not displace the authority of other appropriate UCCS officials to establish standards of conduct for particular setting and activities. For example, students who reside in UCCS housing may also be subject to standards of conduct for that setting. Similarly, students who engage in academic misconduct may be subject to sanction by the department or school.

Process: Students who have engaged in conduct that potentially violates the code of conduct are normally entitled to notice of their alleged misconduct and an opportunity to respond to those allegations before any discipline is imposed. Due process is a flexible standard and students accused of minor infractions may not be afforded the opportunity to confront or examine witnesses. Students who potentially face suspension or expulsion from UCCS shall be afforded a hearing at which they are permitted to present evidence and examine any witnesses. The procedures by which UCCS will administer any discipline are located at: http://www.uccs.edu/dos/Student-Conduct/Office-of-Judicial-Affairs-Procedures.html.

Exclusions: In cases where it is necessary to protect the safety of the UCCS campus, a student may be excluded immediately from campus as a precaution before receiving an opportunity to respond to the allegations, but students excluded to protect the safety of the UCCS campus shall nonetheless be entitled to notice of their alleged misconduct and provided an opportunity to respond before any final discipline is imposed.

Standards: Students at UCCS are expected to conduct themselves responsibly and refrain from any unlawful conduct or conduct that adversely affects the learning environment at UCCS. A student may face discipline if he or she engages in any of the following acts of misconduct:

  1. Physically assaulting or abusing another person;

  2. Engaging in intimate partner violence or emotional abuse of another person;

  3. Harassment;

  4. Endangering the health and safety of another person;

  5. Engaging in non-consensual sexual contact with another person;

  6. Engaging in sexual exploitation of another person;

  7. Stalking;

  8. Hazing;

  9. Unlawfully disrupting or interfering with any UCCS activity;

  10. Unlawfully disrupting or interfering with the actions of any law enforcement official or fire response official;

  11. Harming or tampering with any UCCS property;

  12. Misuse of any UCCS computer resource;

  13. Providing false information to university officials;

  14. Engaging in any form of academic misconduct, including plagiarism, fabrication, falsification, and other forms of cheating on examinations, tests, quizzes, research projects, and assignments;

  15. Theft;

  16. Possessing, using, manufacturing, distributing, or selling illegal drugs or drug paraphernalia, including the misuse of prescription and/or over the counter medications;

  17. Possessing, using, manufacturing, distributing, or selling alcoholic beverages by or to a under-aged individual;

  18. Possessing or using any weapon or firearm in a manner not permitted by University of Colorado policy;

  19. Violating any UCCS or University of Colorado policy;

  20. Violating any state or federal statute that defines a crime against a person or against property;

  21. Engaging in any other conduct demonstrating that the student is unable to meet his or her responsibilities to UCCS and the community it serves.

Glossary: UCCS intends that these prohibited activities be given their normal, non-technical definitions. To assist students in determining whether an action falls within a particular prohibition, however, UCCS provides the following glossary of terms:


"Assault" means knowingly or recklessly causing bodily injury to another person.

"Emotional abuse" means knowingly or recklessly or unreasonably placing another person in a situation where that person is psychologically injured or that poses a threat of injury to the person's mental health.

"Fabrication" means making up data, notes or other research information and reporting them.

"Falsification" means manipulation of the research process, or altering data, such that the reported results are not accurate.

"Hazing"means any activity by which a person recklessly endangers the health or safety of or causes a risk of bodily injury to an individual for purposes of initiation or admission into or affiliation with any student organization. Hazing includes but is not limited to:
(1) Forced and prolonged physical activity;
(2); Forced consumption of any food, beverage, medication or controlled substance, whether or not prescribed, in excess of the usual amounts for human consumption or forced consumption of any substance not generally intended for human consumption; and
(3) Prolonged deprivation of sleep, food, or drink.

"Intimate Partner Violence" (IPV) means physical or emotional abuse that occurs between two people in a close relationship. The term "intimate partner" includes current and former spouses and dating partners."Non-consensual" means an act where:
(1) the person undertaking an act knows that another person does not consent to the act;
(2) where the person undertaking the action knows that another person is incapable of appreciating the nature of the action;
(3) the person undertaking the action knows that another person is physically helpless and has not consented to the act; or
(4) consent has been procured by coercion, threats or force.

"Misuse of computer or network resources" means not respecting the rights of other computer users, the integrity of the physical facilities and controls, or pertinent license and contractual agreements. University technology resources are not to be used for commercial purposes, personal gain, or non-University-related activities. Individuals using University information technology may not:
(1) violate such matters as University or third party copyright or patent protection and authorizations, as well as license agreements and other contracts,
(2) interfere with the intended use of the information resources,
(3) seek to gain or gain unauthorized access to information resources,
(4) without authorization, destroy, alter, dismantle, disfigure, prevent rightful access to or otherwise interfere with the integrity of computer-based information and/or information resources,
(5) without authorization invade the privacy of individuals or entities that are creators, authors, users, or subjects of the information resources.Physical abuse" means knowingly or recklessly or unreasonably placing another person in a situation where that person is physically injured or that poses a threat of injury to the person's life or physical health.

"Plagiarism" means portraying another person's intellectual property as one's own.

"Sexual contact" means the knowing touching of another person's intimate parts or the knowing touching of the clothing covering the immediate area of the victim's or actor's intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse. Sexual contact includes, but is not limited to, sexual intercourse, fellatio, analigus or anal intercourse. Sexual contact includes, but is not limited to, any intrusion, however slight, by any object or any part of a person's body, if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.

"Sexual exploitation" means taking non-consensual, unjust or abusive sexual advantage of another for one's own pleasure, advantage or benefit.

"Stalking" means repeatedly following, approaching, contacting, placing under surveillance, or communicating with another person (or a member of that person's immediate family) in a manner that would cause a reasonable person to suffer serious emotional distress."Theft" Knowingly obtaining or exercising control over anything of value without authorization or by threat or deception.