I. Academic Advising
II. Student Health Services
III. Financial Aid
IV. Career Engagement
V. Counseling Services
VI. Organizational Advising
VII. Student Conduct and Disciplinary Code
VIII. Academic Impropriety Policy
IX. School of Law Honor Code and Procedure for Law Students
X. History of Changes to Section Seven
University staff in the Academic Advising Center (Mabee Library) are especially helpful to students who are undecided about programs, or who lack a definite plan upon preparing to return to college. Advisors in the Center assist students and prospective students in making choices about individual courses, planning schedules and choosing majors. They help students gain a better overall understanding of the many academic options offered at Washburn. Academic advising for students with a declared major is conducted by departments.
The University maintains a department of Student Health Services in Morgan Hall. This service is operated primarily for the benefit of students, but assistance is available to faculty members in emergency situations. The University physician and nurse are available from 8:00 a.m. to 5:00 p.m. on weekdays for the purposes of health counseling and the treatment of minor ailments and injuries. This service is provided at no additional charge to students. Faculty members should feel free to refer students to the Student Health Services when they observe the need for medical advice.
A. Health Insurance
Students have available to them a low cost health insurance program. Information concerning health insurance is available in the Student Life Office.
B. Psychiatric Referral
Psychiatric assistance for students is available on a referral basis through Counseling Services or through Student Health Services. Faculty members may refer students who might benefit from such assistance to these departments.
The Office of Financial Aid is located on the first floor in Morgan Hall. Scholarships, grants-in-aid, loans, and a variety of part-time job opportunities are available to students who can qualify. Financial aid policies are established by the Student Financial Aid Committee.
Located in Morgan Hall, Career Engagement provides comprehensive career development assistance for Washburn students. From the freshman deciding on a major or career to the senior or alumnus seeking a full-time career opportunity, Career Engagement helps with the developmental process through assessments, counseling, presentations, and print and online materials. Individual counseling, assessments workshops, events, and use of the online job search system are free to currently-enrolled Washburn students.
The mission of Counseling Services is to help, in concert with faculty and staff, all Washburn University students to reach their full academic potential by offering student assistance with personal, social and intellectual issues. Counseling Services is located in Kuehne Hall.
Each registered student organization is recommended to have a faculty advisor. Sponsored student organizations are required to have a faculty advisor. When serving in this capacity, the faculty member is expected to provide active leadership and advice to the organization.
VII. Student Conduct and Disciplinary Code
(As approved April 10, 2002 by the Washburn Board of Regents)
Washburn University strives to provide an environment in which students may pursue their educational interests. Students are expected to conduct themselves in a manner which promotes learning and preserves academic freedom for all.
Students are subject to the imposition of sanctions for engaging in prohibited conduct or behaviors independent of any other status they might have with the University. Conduct standards are set forth in writing to give Washburn students general notice of prohibited behavior.
VII.A. General Conduct Code Provisions
VII.B. Violations
VII.C. Conduct Code Implementation Procedures
VII.D. Student Conduct Records
VII.E. Standards of Conduct for Student Organizations
A. General Conduct Code Provisions
The students of Washburn University are responsible for complying with policies, standards, rules, and requirements for academic and social behavior formulated by the University and affiliated organizations. These procedures and rules afford a student due process in the matter of alleged violations of University standards, rules and requirements governing academic and social conduct of students.
The University views the student conduct system as part of an educational experience that can result in growth in personal understanding of one's responsibilities and privileges in the University community. Acceptable standards of conduct have been established to protect the rights of members of the University and affiliated organizations. Individuals are encouraged to discuss their concerns at the lowest level possible for effective resolution of the situation. Should such attempts prove ineffective, the student conduct system provides a student judicial process to resolve the matter. The focus of the student judicial proceedings is to determine whether the University's standards of conduct have been violated, not to determine criminal guilt. To this end, student judicial proceedings attempt to balance an understanding and knowledge of the students with the needs of the University community.
The Associate Vice President for Student Life shall be the principal officer responsible for implementing the Student Conduct Code. The Associate Vice President or his/her designee shall provide due process for students by following the proper steps related to the initiation, investigation and disposition of complaints against a student as outlined in Section III of this document.
A. General Principles
1. Washburn University distinguishes its responsibility for student conduct from the controls imposed by the larger community beyond the University and of which the University is a part.
2. The University generally is not responsible for conduct of students off campus. However, when the behavior occurs off campus at a University-sponsored activity or when the off-campus behavior of students can be reasonably expected to adversely affect the safety and security of persons on campus or the orderliness of the educational process, Washburn must implement the procedures provided for in this Code.
3. When students are charged with violations of federal, state or local laws, the University will neither request nor agree to special consideration for students because of their status as students.
4. The University will cooperate with law enforcement agencies, courts and any other agencies in programs for rehabilitation of students.
5. Washburn University reserves the right to impose the provisions of this Code and apply sanctions before or after law enforcement agencies, courts and other agencies have imposed penalties or otherwise disposed of a case.
6. Incidents related to academic issues shall be handled under the guidelines of the Academic Impropriety Policy.
B. Definitions
When used within the context of the Washburn University Student Conduct Code, the following definitions are intended:
1. The term "University" or "Institution" shall mean Washburn University.
2. The term "student" shall mean a person enrolled at the University, other than the School of Law; or a person accepted for admission or reinstatement to the University, other than the School of Law.
3. The term "University official" shall mean an employee of the University, including, but not limited to, the following: administrator, faculty member, staff member, graduate assistant, and student employee.
4. The term "University premises" shall mean buildings or grounds and any property, personal or real, which are owned, leased, operated, controlled, or supervised by Washburn.
5. The term "University community" shall mean persons and organizations associated with the University, including, but not limited to, students and employees of the University; affiliated organizations and employees; and athletic boosters.
6. The term "University-sponsored activity" shall mean any activity on or off University premises that is initiated, aided or supervised by the University.
7. The term "hearing officers" shall mean the Associate Vice President for Student Life (or his/her designee), the Director of Residential Living (or his/her designee), the Residence Halls Judicial Board, or the University Judicial Board.
8. The term "business days" shall mean Monday through Friday when University offices are open.
The following includes inappropriate behavior subject to disciplinary sanction:
A. Disruptive or disorderly conduct.
B. Lewd or obscene conduct or behavior.
C. Filing a formal complaint with the Associate Vice President for Student Life, University Police, or other University official(s) with the intention of falsely accusing another of having violated a provision of this Code.
D. Intimidating witnesses.
E. Destroying or removing evidence to preclude its presentation to the Associate Vice President for Student Life, the University Judicial Board, the Director of Residential Living, or the Residence Halls Judicial Board.
F. Failure to appear before the Associate Vice President for Student Life, the University Judicial Board, the Director of Residential Living, or the Residence Halls Judicial Board when properly notified to appear.
G. Intentionally setting off a fire alarm, falsely reporting a fire or other emergency or tampering with fire or safety equipment.
H. Forgery, alteration, unauthorized destruction, unauthorized use or misuse of University documents, records or identification cards.
I. Knowingly furnishing false information to the University.
J. Physically abusing, harassing or intentionally inflicting severe emotional distress upon a member of the University community on campus or while engaged in University-sponsored activities off campus.
K. Attempted or actual theft or destruction of, damage to, or misuse or unauthorized possession of, University property; or theft or malicious destruction of, intentional damage to, or misuse of, property of a nonmember of the University community when said behavior occurs on University premises.
L. Unauthorized seizure or occupation of, or unauthorized presence on, University premises.
M. Violation of University policies or regulations related to time, place and manner of public expression on University premises.
N. Breaching campus safety or security, including, but not limited to, the following:
1. unauthorized entry to University facilities; intentionally damaging door locks or card access mechanisms; unauthorized possession or duplication of University keys or access cards; or propping open of exterior and fire doors in the residence halls;
2. placement of any object(s), including, but not limited to, vehicles, bicycles and equipment, obstructing doors to/from any University premises.
O. Illegal or unauthorized use, possession, or storage of any weapon, fireworks or explosives or dangerous chemicals on University premises or at any University-sponsored activity. The term weapon shall be defined as any object or substance either designed or used to inflict a wound, cause injury or incapacitate an individual. Weapons may include, but are not limited to, the following: all firearms; pellet guns; slingshots; martial arts devices; knives deemed to be dangerous or illegal; and clubs. The term dangerous chemical, for purposes of this Code, means: 1) any hazardous chemical which, even when properly used, may cause injury to an individual; or, 2) any chemical, which through improper use, causes injury to an individual.
P. Possession, furnishing or consumption of alcoholic liquor or cereal malt beverages on University premises or at University-sponsored activities except as approved under policies adopted by the Washburn University Board of Regents; possession and/or consumption of alcoholic liquor or cereal malt beverages by a minor; furnishing alcoholic liquor or cereal malt beverages to a minor; public intoxication; or driving while intoxicated. Persons having control of and/or in the area in which and when the prohibited beverage is found shall be charged with possession of alcoholic liquor or cereal malt beverage.
Q. Possessing, using, having under control, manufacturing, or transmitting/distributing/selling any illicit drugs, narcotics or controlled substance or drug paraphernalia on the University premises or at University –sponsored activities without proper prescription or required license or as expressly permitted by law or University regulations. Persons having control of and/or in the area in which and when the banned substance/material is found shall be charged with possession of an illicit drug, narcotic or controlled substance or drug paraphernalia.
R. Failure to comply with the directive(s) of University officials, law enforcement officers, or Student Conduct Code hearing officer(s) acting in the performance of their duties, including failure to identify oneself when requested to do so.
S. Hazing: any action taken or situation created, intentionally, whether on or off University premises or on property owned, leased or operated by a University-recognized organization, to produce mental or physical discomfort, embarrassment, harassment, or ridicule.
Consent is not a Defense.
In considering a hazing case, it is not a defense that the person subjected to the hazing consented to or acquiesced in the hazing activity. For the purpose of this Code, any activity as described above – upon which the initiation or admission into or affiliation with a University organization is directly or indirectly conditioned or believed by the person to be such a condition to initiation, admission or affiliation – shall be presumed to be a forced activity, the willingness of an individual to participate in such activity notwithstanding.
T. Violation of disciplinary sanction(s).
U. Any sexual contact or abuse, whether verbal or physical, without another person's consent.
V. Threatening or endangering the health or safety of self or others.
W. Violation of University policies, city ordinances or state and federal laws, other than those listed in the Student Conduct Code.
C. Conduct Code Implementation Procedures
A. Reporting of Complaint
1. Any person may initiate a complaint against a student for an alleged violation of the Student Conduct Code. A person filing a complaint shall be complainant of record.
2. Such complaints are submitted in writing to the Associate Vice President for Student Life, although residence hall incident reports may be submitted to the Director of Residential Living.
3. Incident reports filed with the University Police will be forwarded to the Associate Vice President for Student Life for review and processing.
4. When a sex offense is alleged, any person who is the victim of, or has knowledge of, an alleged sex offense occurring on the University's campus, as defined by the Campus Security Act of 1990, may notify the University Police personnel who shall contact the alleged victim(s) to determine whether the victim wishes to pursue disciplinary action available to him or her under the University's Conduct Code or other University policy. Alleged sex offenses occurring off campus shall be referred to the City of Topeka Police Department for investigation. In the event the victim of the alleged offense files a complaint with the City of Topeka Police Department, personnel of the Washburn Police Department shall render such assistance as is possible given the circumstance surrounding the alleged incident. NOTICE – Anyone who is a victim of an alleged sex offense should take steps to preserve any and all physical evidence relating to the alleged incident.
B. Notification/Notice of Complaint and Options to Waive Formal Hearing
1. Upon receipt of a complaint, the Director of Residential Living or the Associate Vice President for Student Life, as applicable, will notify the accused student(s) in writing that he/she (they) may have committed a violation of the Student Conduct Code.
2. The written notification will direct that the student make an appointment to discuss the possible violation by the specified date and that failure to do so will result in an additional charge of "failure to comply with a University official."
3. During the requested meeting, the Director of Residential Living or the Associate Vice President for Student Life, as applicable, will review the complaint with the student(s), identifying possible Code violations, and will outline options for the student(s).
4. The student(s) will be provided the opportunity to waive his/her (their) right to a formal hearing and have the Director of Residential Living or Associate Vice President for Student Life process the case when it is clear that a violation has occurred and the student(s) admits (admit) to being in violation of the charge(s).
5. In the event that the student(s) chooses (choose) to waive his/her (their) right to a formal hearing, he/she (they) will sign a waiver form provided by the Director of Residential Living/Associate Vice President for Student Life acknowledging his/her (their) decision to waive the formal hearing. Upon waiver, the Director of Residential Living/Associate Vice President for Student Life will review the violation(s), the related evidence and the sanction(s) that will be imposed. The signed waiver form will include a statement of the charge(s), an admission of being in violation of the charges, and the sanction(s) imposed. The student(s) will be informed of how this information will be maintained (Section IV of this Code) by the University as well as the appeal process (as outlined in Section III. F. of this Code) should he/she (they) choose to appeal the decision of the Director of Residential Living/Associate Vice President for Student Life.
6. In other situations, the case will be referred to the Residence Halls Judicial Board or the University Judicial Board for consideration. The student shall be provided with a summary of the report and will be informed of the date, time and location of the hearing. The student shall be provided not less than three (3) business days if appearing before the Residence Halls Judicial Board and five (5) business days if appearing before the University Judicial Board to prepare for his/her hearing unless he/she wishes to shorten that time. The student will be informed that the hearing will be conducted in his/her absence should he/she choose not to appear. An extension in time to prepare for the hearing may be granted upon request. Such requests should be delivered to the Director of Residential Living or the Associate Vice President for Student Life, as applicable.
7. Should the student fail to respond to the initial letter from the Director of Residential Living/Associate Vice President for Student Life, a second letter will be sent to the student that gives him/her a specific hearing date and time. The student will also be presented with an additional charge of "failure to comply with a University official."
C. Judicial Boards
There are hereby created two judicial boards, the Residence Halls Judicial Board and the University Judicial Board, which shall hear and determine cases of student conduct violations under this Student Conduct Code or the Residence Hall Handbook.
1. Residence Halls Judicial Board
a. Jurisdiction: The Residence Halls Judicial Board shall have jurisdiction of those complaints of alleged violations of the Residence Hall Handbook.
b. Membership: Each hearing panel of the Residence Halls Judicial Board shall consist of six (6) students, including the Chairperson. Each hearing panel shall have four (4) students who are residents of the Living Learning Center and one (1) from Kuehne Hall and one (1) from West Hall. All students appointed to a Residential Halls Judicial Board hearing panel shall have been trained on the student judicial process by the Associate Vice President for Student Life and the Director of Residential Living and shall be students in good standing at the University. Resident Assistants may not serve as members of the Residence Halls Judicial Board.
c. Advisor and Secretary: The Director of Residential Living or his/her designee shall serve as secretary to, and an advisor of, the Residence Halls Judicial Board and its hearing panels. The Director shall: 1) assign members to the hearing panels when necessary; 2) refer cases which have not been resolved administratively (Section III. B. 5); and 3) coordinate arrangements for hearings.
d. Judicial Liaison: The Assistant Director of Residential Living normally shall serve as Judicial Liaison for the hearing panels when convened.
e. Limitation of Action: In the event a hearing panel concludes a violation of the Residence Hall Handbook has been committed by the respondent, the panel shall be limited to the imposition of sanctions equal to or less than the sanction of "removal from the suite or floor," described in this Student Conduct Code (Section III. D.)
2. University Judicial Board
a. Jurisdiction: The University Judicial Board shall have jurisdiction of all cases alleging violations of this Student Conduct Code.
b. Membership: Each hearing panel of the University Judicial Board shall be comprised of six (6) voting members: three (3) full-time members of the University's General Faculty and three (3)full-time students. Each panel shall be chaired by a faculty member who shall not have a vote. The persons appointed by the Associate Vice President for Student Life to a hearing panel shall be selected from a pool of persons who have been trained on the student judicial process.
c. Advisor and Secretary: The Associate Vice President for Student Life shall serve as secretary to, and an advisor of, the University Judicial Board and its hearing panels. The Associate Vice President for Student Life shall: a) assign members to the hearing panels when necessary; b) refer cases which have not been resolved administratively (Section III. B. 5); and c) coordinate arrangements for hearings.
d. Judicial Liaison: Student Life administrative staff members shall serve as Judicial Liaison for University Judicial Board hearing panels.
3. The Role of Judicial Liaison
a. Facilitating the hearing process. In that capacity, the Judicial Liaison may be called upon to:
1. assist the respective Judicial Board advisor by notifying the parties and witnesses of the hearing date, time and place; and
2. orient the parties and witnesses on the hearing process.
b. Presenting the complaint of alleged violation(s). In this capacity, the Judicial Liaison will present evidence and conduct an examination of the witnesses.
4. Hearing Procedures
a. Record: An audio-tape record will be made of the hearing, and the Secretary to the hearing panel shall also take minutes of the proceedings. Audio-tape records shall be retained for one (1) calendar year from the date of the hearing.
b. Respondent's Failure to Appear: In the event the student respondent fails to appear for the hearing, a "not in violation" plea will be entered on the student's behalf by the Chairperson of the hearing panel.
c. Advisor to Respondent: A student charged with a violation of a conduct code may be accompanied by another person to serve as his/her advisor during the hearing. The individual's role shall be limited to providing advice to the student. The advisor shall not have the right to represent the student during the proceedings.
d. Charges and Plea(s): After the Chairperson reads the allegations of violation(s) by the respondent student, the student will be requested to enter a plea(s) either admitting or denying responsibility of the allegation(s).
e. Presentation of the Case: In the event the respondent denies, in whole or in part, the allegation(s) of violation of the applicable conduct code, the Chairperson will call upon the Judicial Liaison to present the evidence, through witnesses, related to the case. The respondent shall have the opportunity to ask questions of the witness(es). Following presentation of the case by the Judicial Liaison, the respondent shall have the opportunity to present any relevant evidence he/she would like to have considered by the hearing panel.
f. Deliberation: Following the presentation of the case by the parties, the hearing panel shall recess to closed session to discuss the evidence and make a determination on the merits on whether the respondent has committed the violation(s). If the hearing panel determines the respondent has committed a violation, it shall then determine the appropriate sanction(s) to be imposed.
g. Communication of the Decision: The decision of the hearing panel and the sanction(s), if any, shall be delivered orally upon return of the hearing panel to open session. The decision shall also be reduced to writing in a letter to the respondent and mailed within one (1) business day of the decision to the student's address on file in the Registrar's Office. (The student is responsible for having accurate mailing information on file with the University.)
h. Appeal: A student may appeal the decision of the hearing panel as provided in III. F. of this Student Conduct Code.
D. Sanctions. The sanctions listed below may be imposed when a student is found to have committed a violation as outlined in Section II. The sanction(s) imposed depend(s) upon the severity of the violation(s), previous offenses, degree of involvement, and the individual circumstances as determined by the person or entity conducting the hearing. These sanctions and their descriptions shall serve as guidelines for the University Student Conduct Code and may be modified and used in any combination to meet the needs of the University and the individual student involved. The hearing officer(s) shall have the right and sole exercise of discretion to impose sanctions which such official(s) consider(s) appropriate for the student and the situation.
1. Written Reprimand
a. Notice in writing that the student has violated University regulations or has otherwise failed to meet the University's standard of conduct.
b. Such a reprimand will contain the statement that continuation or repetition of specific conduct involved or other misconduct will result in further judicial action.
2. Restitution
a. An individual student may be required to make restitution for damage to or loss of property and for injury to persons.
b. Failure to make restitution will result in an additional charge (see II. T.) and will result in additional disciplinary proceedings under this Code.
3. Service Hours
a. A creative sanction, e.g., service hours, set by the hearing officer(s) will depend on the severity of the violation, degree of involvement and the circumstances surrounding the incident.
b. The student will, in most cases, be directed to complete University service hours and will be given a specific amount of time in which to do so.
c. Failure to complete service hours will result in an additional charge (see II. T.) and will result in additional disciplinary proceedings under this Code.
4. Fines
a. Fines will depend on the severity of the violation, previous offenses, degree of involvement, and the circumstances.
b. A fine imposed by the Director of Residential Living or Residence Halls Judicial Board shall not exceed $50 per violation. A fine imposed by the Associate Vice President for Student Life or University Judicial Board shall not exceed $100 per violation.
c. The fine shall be paid within 30 days from the time it was imposed (and upon the completion of the appeals process, if applicable).
d. Other payment arrangements must be agreed to by the Director of Residential Living/Associate Vice President for Student Life.
e. Failure to pay the fine as specified will result in an additional charge (see II. T.) and will result in additional disciplinary proceedings under this Code.
5. Computer Usage Restrictions
a. A student found in violation of computer usage policies can be restricted from certain campus computing privileges for a time to be set by the hearing officer(s).
6. Hall Probation
a. This is a form of probationary status for a period of time as specified by the Director of Residential Living or the Residence Halls Judicial Board.
b. Restrictions, provisions and/or assigned duties are individualized to allow for the particular needs of the student and the situation.
7. Removal from the Suite/Floor (Residence Halls)
a. The student shall be directed to move from the residence hall suite or floor he/she previously occupied.
b. In some cases, he/she may be directed to move to another residence hall.
c. The hearing officer(s) shall state the terms of this removal, including when this sanction shall take effect as well as the length of time this change shall remain in effect.
d. In most cases, the student shall also be restricted from that area of the hall for the term of the removal.
8. Disciplinary Probation
a. A formal sanction specifying the conditions under which an individual may continue to be a student at the University, including limitation of specified activities, movement, or presence on campus; or eligibility to receive University-funded scholarships.
b. The conditions, including duration, will be specified by the hearing officer(s).
c. Limitations may include the following:
1. Ineligibility to hold an office in any student organization recognized by the University;
2. Ineligibility to represent the University in any public performance, sporting event, intramural event, committee assignment;
3. Ineligibility to receive a University-sponsored scholarship when the length of the suspension is greater than one semester;
4. Additional restrictions or conditions may also be imposed, depending on the nature and seriousness of the misconduct.
9. Dismissal from the Residence Halls
a. The student is required to move out of the residence halls.
b. The hearing officer(s) shall state the terms of the dismissal as well as the length of time this dismissal will remain in effect.
c. In most cases, the student will also be restricted from the halls for the time of dismissal.
10. Suspension
a. Separation of the student from the University for a definite period of time.
b. The student is not guaranteed reinstatement at the end of such period of time but is guaranteed a review of the case and a decision regarding eligibility for reinstatement by the Associate Vice President for Student Life.
c. A two-thirds vote will be required by the Judicial Board to impose this sanction.
d. Students who have been suspended under this Code shall vacate the premises within 48 hours following the findings of the hearing officer(s) or, in the event of an appeal, within 48 hours of the findings of the Appeal board. In some circumstances, students may be required to vacate the campus sooner (e.g., if there is reason to believe that the student's physical or emotional safety and well-being, the safety and well-being of the other University community members or the protection of University property requires such action).
11. Expulsion
a. Separation of the student from the University whereby the student is not eligible for reinstatement to Washburn University.
b. A two-thirds vote will be required by the Judicial Board to impose this sanction.
c. Student who has been expelled shall vacate the premises within 48 hours following the findings of the hearing officer(s) or, in the event of an appeal, within 48 hours of the findings of the Appeal Board. In some circumstances, students may be required to vacate the campus sooner (e.g., if there is reason to believe that the student's physical or emotional safety and well-being, the safety and well-being of the other University community members or the protection of University property requires such action).
E. Interim Suspension and Proceedings
The Associate Vice President for Student Life may suspend any student from the University pending investigation, action or prosecution of charges of an alleged conduct violation if the Associate Vice President has reason to believe that the student's physical or emotional safety and well-being, the safety and well-being of the other University community members or the protection of University property requires such suspension.
If it is found necessary to exercise the authority to suspend a student on an interim basis, the Associate Vice President for Student Life shall:
1. Provide the student a written notice of intent of the interim suspension to take effect immediately.
2. Inform the student of the alleged misconduct and violations(s).
3. Provide the student a written explanation in support of the charge(s).
4. Provide written notice of the time and place of the discipline hearing, which shall be within the guidelines as specified in Section III.B..
5. If a student has been instructed by the Associate Vice President for Student Life to appear for the hearing and then fails to attend at the time designated, the Associate Vice President/Board may suspend the student from the University and shall send written notice of suspension to the student at his/her last address of record on file with the University.
6. During the period of interim suspension, the student shall not enter the campus or the University other than to meet with the Associate Vice President for Student Life. However, the Associate Vice President may grant the student special permission for the express purpose of meeting with faculty, staff or students in preparation for his/her hearing.
Students who have been suspended on an interim basis and whose suspension upon hearing or appeal is found to have been unwarranted shall be provided full opportunity to re-establish their academic and student standing to the extent possible within the abilities of the University, including the opportunity to take examinations, make up class assignments or otherwise complete course offerings missed by reason of the suspension.
F. Appeals Procedures
Any student found in violation of the Student Conduct Code shall have the right to appeal his/her case to the Appeals Board.
1. Notice
a. If a student wishes to appeal a decision of the hearing officer(s), he/she must submit a written appeal to the hearing officer(s) within three (3) business days after the student has been orally presented the hearing officer's (officers') decision. Failure to file such a request within the required time period will constitute and be construed as full acceptance by all parties of the findings.
b. In the written request, the student should explain his/her reason for appeal by addressing one of the following issues:
1. The hearing officer(s) incorrectly interpreted a regulation and/or policy.
2. New evidence has been discovered that could have a direct bearing on the case.
3. The sanction imposed was inappropriate when considering the gravity of the violation.
4. The decision is not supported by the preponderance of the evidence or is arbitrary, capricious or unreasonable.
c. Upon receipt of the intent to appeal, the Dean of Students will make arrangements for the hearing.
2. Appeals Board
a. Composition of the Appeals Board
1. The Appeals Board shall be appointed by the University President or his/her designee.
b. Jurisdiction of the Appeals Board
1. The right of appeal does not entitle the student to a full rehearing of his/her entire case. Rather, the Appeals Board shall limit its review of the hearing officer's (officers') action to the four (4) items listed in Section III.F.1.b.
2. The matter will not be presented to the Appeals Board unless the student provides the Judicial Board with a written appeal stating a clear reason for challenging one or more of the findings of the hearing officer(s).
3. The Appeals Board may, at its discretion, ask the student or any other party to make an oral or written presentation for clarification.
4. The Appeals Board may accept the decision of the hearing officer(s); may reverse the decision and send it back to the hearing officer(s) for a re-hearing; or may reverse the decision and dismiss the case. The Appeals Board may not increase the sanction(s) but may, at its discretion, decrease the sanctions.
5. If the Appeals Board accepts the decision of the hearing officer(s), the matter shall be deemed final and binding upon all parties.
Student discipline information shall be maintained in a conduct file in the name of the accused student. A student's disciplinary records under this Student Conduct Code shall be retained for the latter of five (5) years from the date of the last sanction or the date of the student's graduation. Student conduct records may be retained for longer periods of time or permanently if the student was suspended, dismissed or expelled.
E. Standards of Conduct for Student Organizations
Student organizations at Washburn University are expected to conduct their activities in accordance with the behavioral standards that the University has for all members of the University community. Students cannot expect that organizations as collective entities will be excused for behavior that would not be tolerated of individual students.
A. Any student organization shall be subject to disciplinary action based on inappropriate behavior as outlined in Section II of the Code as well as the following:
1. advocating, inciting or participating in any material interference or physical disruption of the University.
2. entering or attempting to enter into contractual obligations that will require the use of a University agency account without prior authorization by the University Business Office. Organizations are prohibited from entering into any contractual obligation for the University.
3. directly or indirectly utilizing University resources in support of any candidate for public office. Exceptions and conditions are described in the Facilities Use Policy for the University and separate policies for the Law School, Petro Center and Memorial Union.
4. directly or indirectly utilizing University facilities, services, or funds for the express benefit of external affiliates.
B. Investigation and hearing procedures of alleged violations.
1. A complaint alleging violation of the "Standards of Conduct for Student Organizations" may be filed by any student, faculty member or staff member. Complaints should be directed to the Associate Vice President for Student Life in writing.
2. Upon receipt of a complaint, the Associate Vice President shall follow the procedures specified in the Student Conduct Code.
3 In the implementation of these procedures, the president of the organization shall serve as the representative to receive notification and to appear as required for hearings.
4. In applying the sanctions listed in the Student Conduct Code, "loss of registered status for a period of time" shall be substituted for the sanction of "suspension." .
5 The Associate Vice President's/Board's sanction may be appealed by the president of the organization. The Appeals Board will consider the case as outlined in Section III.
6. The president will, again, serve as the representative of the organization before the Appeals Board, if requested.
VIII. Academic impropriety policy
A. Preamble
B. The Basic Presumption
C. Academic Improprieties
D. Academic Action
E. Procedures and Appeals for Academic Actions
F. Procedures and Appeals for Disciplinary Actions
The grades and credits earned by college students in their courses provide an important measure of the quality and extent of their academic achievements. Preserving the integrity and significance of grades and credits is a professional responsibility of the teaching faculty, but requires the cooperation and support of students. The present policy is designed to assist faculty and students in this task. First, it identifies the basic presumption underlying the integrity and significance of academic grades and credits. Second, it defines as academically improper, and officially forbids, all forms of student behavior that undermine, or that could reasonable be interpreted as undermining, the validity of this basic presumption. Finally, it requires faculty to take reasonable steps to prevent such behavior from occurring and to take appropriate academic action when it does occur.
Grades or credits are fair and equitable measures of academic achievement only on the presumption that the academic work submitted by each student is his or her own and is created under course conditions or rules (e.g., time and resources allowed for the completion of an examination) common to all students in that course.
The moment this presumption's validity is reasonably doubted, the integrity of grades and credits as signs of actual academic achievement is seriously undermined. Therefore, it is incumbent on students and faculty alike to ensure that the validity of the basic presumption is preserved beyond any reasonable doubt.
An academic impropriety is any student action that undermines, or could reasonably be interpreted as undermining, the presumption that the academic work being produced or submitted by a student is his or her own, or that undermines, or could reasonably be interpreted as undermining, the presumption that the student is not enjoying, or has not enjoyed, an unfair advantage over other students in the production of the work in question. Thus, an academic impropriety is any action by a student that either actually undermines, or could reasonably be interpreted as undermining, the validity of the basic presumption.
All academic improprieties are hereby officially forbidden.
Academic improprieties may or may not involve dishonesty. Accordingly, the claim or determination that a student has engaged in academically improper behavior does not always require the claim or determination that the student acted dishonestly.
There are two kinds of academic improprieties: Academic irregularities and academic dishonesties. Each kind is defined below.
All academic improprieties, whether irregularities or dishonesties, require appropriate academic action by the faculty member in whose course the impropriety takes place. Academic action is defined below. Academic dishonesties require, in addition, appropriate disciplinary action by the Associate Vice President for Student Life.
1. Academic Irregularities
An academic irregularity is any form of academic impropriety whose commission by a student does not by itself imply any dishonest motive or intent on the part of the student and which either is expressly described in this document or is both described and prohibited by the course instructor in a syllabus or other announcement.
Although academically irregular behavior does not necessarily involve dishonesty on the part of the student, it does not preclude it either. Thus, an instance of academic irregularity may subsequently be determined to be also in instance of academic dishonesty.
The following actions, unless specifically authorized by the course's instructor are academic irregularities:
a. During an examination, test, or quiz:
(i) Failure or refusal to follow the instructor's instructions concerning seating arrangements or rearrangements during the examination, test, or quiz period.
(ii) Failure or refusal to follow the instructor's instructions concerning the distribution of the examination, test, or quiz period.
(iii) Failure or refusal to stop working on the examination, text, or quiz at the end of the examination, test, or quiz period.
(iv) Communicating in any way, shape, or form with any person other than the course instructor.
(v) Looking at or in the direction of another person's examination, test, or answer sheet.
(vi) Looking at or manipulating books, notebooks, papers, notes, cards, etc. that are not part of the examination, test or quiz materials.
(vii) Looking at or manipulating any written or symbolized material that is not part of the examination, test, or quiz materials.
(viii) Looking at or manipulating radios, tape or cassette players, calculators, or other devices not required or authorized for use during the examination, test or quiz.
b. On all external assignments for course credit (including term papers, research papers, take-home examinations or tests, exercises, independent lab work, etc.):
(i) Failure to turn in the assignment on the day and time it is due.
(ii) Failure to acknowledge the incorporation of another person's work into one's own, including the failure to properly identify as such material that is being paraphrased or quoted.
(iii) Failure to document properly all works consulted, paraphrased, or quoted.
(iv) Submitting the same work for more than one course, unless authorized to do so by the instructors of all the courses in question.
(v) Submitting work previously submitted by another student in an earlier semester, provided that the instructor has retained a copy of the original submission.
(vi) Submitting under one's name a research or term paper bought through the mail from "paper mills," provided that the instructor has a copy of the original work.
This list of examples is not meant to be all-inclusive, but is presented for guidance in defining acts of academic irregularity which, if they are found to have occurred, require academic action by the faculty in whose course they occurred.
2. Academic Dishonesties
An academic dishonesty is any form of academic impropriety whose commission by a student involves a dishonest motive or intent. The following actions are examples of academic dishonesty:
a. Cheating on examinations, tests, or quizzes.
b. Copying from another student's examination, test, or quiz.
c. Using unauthorized materials during an examination, test, or quiz.
d. Unauthorized collaboration with another person during an examination, test, or quiz.
e. Knowingly obtaining, using, buying, selling, transporting, or soliciting in whole or in part the contents of, or information about, an unreleased examination, test, or quiz.
f. Bribing another person to obtain a copy of, or information about, an unreleased examination, test, or quiz.
g. Bribing or allowing another person to substitute for oneself to take an examination, test, or quiz.
h. Plagiarism, which shall mean the appropriation of another person's work, with or without that person's consent, and the unacknowledged incorporation of that work into one's own work offered for credit.
i. Collusion, which shall mean the unauthorized collaboration with any other person in preparing work offered for credit.
This list of examples is not meant to be all-inclusive, but is presented for guidance in defining acts of academic dishonesty which, if they are found to have occurred, require academic action by the faculty in whose course they occurred.
An academic action is any action undertaken by faculty to prevent the continuation of a student's academically improper behavior or to offset, through an adjustment in the evaluation of the student's course performance, any possible advantage that might otherwise accrue to the student as a result of his or her academically improper behavior.
When it is determined that an academic impropriety has occurred, the faculty member teaching the course in which it occurred may make an appropriate adjustment to the student's grade.
The following are examples of academic actions intended either to prevent the continuation of a impropriety or to offset the advantage gained through an impropriety:
1. Verbal warning to the student that he or she is acting improperly.
2. Instructing the student to move to another seat or desk.
3. Collecting or voiding the student's examination, test or quiz, with or without the opportunity for a make-up. If a make-up is granted, it may include a grade reduction to offset the advantage the student gains from having additional time to study for the examination.
4. Adjusting the grade in an examination to offset the advantage gained by the student by continuing to work on the examination after the examination period has ended.
5. Adjusting the grade in an assignment to offset the advantage gained by the student by submitting the assignment late.
6. Giving a failing grade to, or granting no credit for, the work submitted.
7. Giving the student an F for the course.
This list of examples is not meant to be all-inclusive, but is presented for giving guidance relative to appropriate academic action.
E. Procedures and Appeals for Academic Actions
An academic action that does not involve a grade adjustment is not subject to appeal. Nonetheless, at the earliest opportune moment, the instructor should communicate the rationale for such an action to the student or students affected by it.
Whenever an academic action involves a grade adjustment, the instructor shall communicate to the student the nature of the impropriety and the intended academic action, and shall provide the student with the opportunity to be heard. If, after reviewing the situation with the student, the instructor determines that an academic action is required, he or she shall so notify the student.
The instructor shall keep a record of the nature of the impropriety, of the time and date of its occurrence and, if applicable, of any relevant evidence. The instructor shall also keep a record of the academic action taken and of its rationale.
When the impropriety is an irregularity, but the faculty member has reasons to believe that it also constitutes an attempt by the student to improve his or her grade or course standing by dishonest means, the faculty member may file a complaint with the Associate Vice President for Student Life. Investigation of the complaint, in accord with the provisions of Washburn's Student Conduct Code, may or may not result in a disciplinary sanction imposed on the student by the Associate Vice President for Student Life or by the Appeals Board. In no case, however, is the academic action for the irregularity dependent on the outcome of the disciplinary investigation. If the investigation results in a finding of dishonesty, the faculty member may take additional academic action to supplement the original one.
When the instructor believes an academically dishonest action has occurred, but the action is not an instance of academic irregularity, the instructor should file a complaint with the Associate Vice President for Student Life. The instructor cannot take academic action unless a complaint is filed and the investigation the complaint leads to a determination of dishonest or guilt.
A student who believes that an academic action is unjustified or excessive may request mediation first by the department chair or area head and then by the Dean of the College or School. In both cases the mediator serves as an advisor only and the student has no further recourse unless the action demonstrably affects the course grade earned, the dissatisfied student, in accord with the established procedure for contesting course grades may petition the Vice President for Academic Affairs to convene and chair a committee for the final determination of the matter.
F. Procedures and Appeals for Disciplinary Actions
Disciplinary action necessitated by academically dishonest behavior is imposed either by the Associate Vice President for Student Life or by the Appeals Board. It is not imposed by the instructor in whose course the dishonest behavior took place.
The procedures and appeals for disciplinary actions are covered in the University's Student Conduct Code.
IX. School of Law Honor Code and Procedure for Law Students
The School of Law has adopted an Honor Code which all law students are expected to follow.
History of Changes to Section Seven
8 August 2006
Updated Student Conduct Code which was approved by the Board of Regents 10 April 2002
29 June 2016
Updated all references from Dean of Students to Associate Vice President for Student Life
7 May 2018
Replaced dated School of Law Honor Code with a link which is maintained with the most current version of the Honor Code. Approved by General Faculty 3 May 2018.
