I. Academic Advising
II. Health Services
III. Financial Aid
IV. Placement Service
V. Counseling and Testing Service
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 Student Health Service 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 7:30 a.m. to 4:30 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 Service 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 Affairs Office.
B. Psychiatric Referral
Psychiatric assistance for students is available on a referral basis through the Counseling Service or through the University physician. Faculty members may refer to the Director of Counseling or the University physician students who might benefit from such service.
The Office of Financial Aid is located 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 Services 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 Services 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 Morgan 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.
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.
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 Dean of Students shall be the principal officer responsible for implementing the Student Conduct Code. The Dean 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.
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 Dean of Students (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 Dean of Students, 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 Dean of Students, the University Judicial Board, the Director of Residential Living, or the Residence Halls Judicial Board.
F. Failure to appear before the Dean of Students, 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.
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 Dean of Students, 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 Dean of Students 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 Dean of Students, 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 Dean of Students, 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 Dean of Students 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/Dean of Students acknowledging his/her (their) decision to waive the formal hearing. Upon waiver, the Director of Residential Living/Dean of Students 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/Dean of Students.
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 Dean of Students, as applicable.
7. Should the student fail to respond to the initial letter from the Director of Residential Living/Dean of Students, 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 Dean of Students 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 Dean of Students 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 Dean of Students shall serve as secretary to, and an advisor of, the University Judicial Board and its hearing panels. The Dean of Students 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.
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.
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 Dean of Students 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/Dean of Students.
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.
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 Dean of Students.
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).
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 Dean of Students may suspend any student from the University pending investigation, action or prosecution of charges of an alleged conduct violation if the Dean 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 Dean of Students 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 Dean of Students to appear for the hearing and then fails to attend at the time designated, the Dean/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 Dean of Students. However, the Dean 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.
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.
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 Dean of Students in writing.
2. Upon receipt of a complaint, the Dean 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 Dean'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.
F. The president will, again, serve as the representative of the organization before the Appeals Board, if requested.
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 Dean of Students.
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' 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.
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 Dean of Students. 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 Dean of Students 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 Dean of Students. 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.
Disciplinary action necessitated by academically dishonest behavior is imposed either by the Dean of Students 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.
A. General Principles
The School of Law expects conduct of all students which is consistent with the law and with generally accepted principles of academic behavior. The School of Law retains the right to assure the safety of individuals, the protection of property, and the continuity of the educational process. Any interference with access to University facilities, interruptions of educational activities, or damage to property exceeds permissible bounds. Although remedies are available through local law enforcement bodies and the University Disciplinary Code and Procedure, the School of Law may elect to impose its disciplinary sanctions.
All students are obligated to report direct knowledge of any violation of this Honor Code by another law student within a reasonable time to Law School or University officials. Any disciplinary action against a student will be taken according to provisions contained herein. The authority to issue orders with respect to the conduct of academic, extracurricular, or other University activities, and to operate University maintenance or service facilities, is expressly delegated to the University employee in charge or in attendance. All University employees are delegated authority to issue such orders and take such other steps for the preservation and regulation of University property and use of University facilities as may be reasonable under the circumstances, in the absence of the University employee directly responsible for the same.
IMPROPER CONDUCT, SANCTIONS AND PROCEDURES
a. The following conduct, if committed by a law student while on University property or while engaged or participating in any University-sponsored activity, will subject the student to initiation of action under this code:
1. Academic impropriety in all its forms, in course work, on examinations, or in other academically related activities, including but not limited to:
b. copying from another student;
c. using unauthorized materials;
d. collaborating with another person without authorization from the supervising professor;
e. plagiarizing work, which means the appropriation of any other person's work without acknowledgment in one's own work offered for publication or credit;
f. submitting the same or substantially similar work for more than one course, unless authorized to do so by the professors teaching the courses;
g. knowingly obtaining, using, buying, selling or soliciting in whole or in part the contents of an unreleased examination;
h. intentionally causing a disadvantage to other law students;
2. Violation of any federal, state, city or county law, ordinance or resolution;
3. Violation of the lawful and authorized rules and regulations for the operation or administration of student residence facilities, Student Union facilities, or other University facilities or University activities;
4. Forging, falsifying or altering records for application for admissions or documents submitted to the University following admission;
5. Improperly using, destroying, forging, or altering University documents or records;
6. Disrupting or interfering with the orderly conduct or operation of any University activity or facility, failing to obey the lawful instruction of the person in charge of such activity or facility or preventing others from freely engaging in the activity or using the facility;
7. Interfering with or denying free access to, egress from, or use of the University buildings, facilities, streets or other property;
8. Interfering with, injuring, damaging, destroying or taking without lawful authorization any property belonging to other persons or the University;
9. Employing force or violence, or the threat of force or violence against any person;
10. Possessing any operable firearm or explosive material or device on University property or at a University-sponsored activity without express written authorization from the Dean of Students and Chief of Student Affairs; or
11. Engaging in any act which threatens the life or safety of a person or persons.
b. The following conduct will subject the law student to initiation of action under this code whether or not it occurs on University property or in connection with a University activity:
1. Intentional harm to or harassment of any student or employee of the University;
2. Supplying forged, falsified or altered information while seeking employment, educational or professional opportunities or financial aid;
3. Knowing violations of the standards of the Rules Relating to Discipline of Attorneys Adopted by the Supreme Court of the State of Kansas;
4. Intentional misrepresentation of:
a. Law School academic or enrollment status; or
b. involvement in extracurricular activities;
5. Acts which would be a violation of 1.A. if committed at the Washburn University School of Law, but which were committed while enrolled at another law school;
6. Aiding, encouraging, promoting or soliciting the doing of any prohibited conduct; or
7. Preventing the discovery of prohibited conduct.
c. The following actions, not related to University property or activities, taken against a law student may subject the student to initiation of actions under this code:
1. Conviction of any violation of federal, state, city, or county law, ordinance or resolution; or
2. A determination of academic misconduct at any other institution.
The following sanctions may be imposed for violations of the Honor Code.
a. Expulsion from the Law School;
b. Indefinite suspension;
c Partial or total suspension for a definite period of time;
d. Partial or total revocation or suspension of scholarship assistance;
e. Probation for a definite period of time;
f. Removal from any student governmental office or position in any Law School-sponsored activity or organization or from any other University-sponsored position of trust, responsibility or interest;
g. Denial of the privilege of participation in any Law School-sponsored extracurricular or athletic activity or organization for a definite period of time;
h. Written warning or reprimand;
i. Verbal warning;
j. Prohibiting or restricting the use of Law School facilities or services;
k. Monetary or other restitution;
l. For misconduct related to course work sanctions may also include:
i. Change of grade in a course;
ii. Withdrawal of academic credit in a course; or
iii. Receiving no credit for an academic work product, with or without an opportunity to redo the product;
m. For violations of the Residence Hall Behavior Code, sanctions provided therein or by this Code.
The sanctions of expulsion, suspension and probation are inconsistent and shall not be imposed concurrently.
a. Every finding of an Honor Code violation will be reported by the Dean to any board of bar examiners or equivalent bar investigative authorities for any bar to which the student applies. The student shall have a right to submit a statement to the Dean's Office for inclusion in the report.
b. If, at the conclusion of a proceeding finding an Honor Code violation, the Dean finds clear evidence that the violation does not cast doubt on the character or fitness of the student for the practice of law because of the insubstantial nature of the student's conduct or the lack of dishonest motive or intent, the Dean will inform the student of that finding and make that finding part of any report of the violation to bar authorities. The student should be warned that most bar applications will require the student to report any sanctions imposed on the student by educational institutions, whether or not the sanctions were for conduct suggesting unfitness for the practice of law.
a. Any person having knowledge or information concerning a possible violation of this Honor Code shall report the matter within a reasonable time to the Associate Dean of the Law School ,or on matters related to course work, to the faculty member responsible for the course, or on matters related to use of library facilities and property, to the Director of the Law Library.
b. Within two (2) school days of the report of a possible violation, the person to whom the violation is reported (hereafter investigator) shall make a preliminary determination, based on the facts alleged by the reporting party, whether to proceed with an investigation.
i. If the investigator, after consultation with the Associate Dean (unless the investigator is the Associate Dean), determines that the facts alleged by the reporting party do not warrant an Honor Code proceeding, s/he shall also find and the matter shall be terminated.
ii. If the investigator determines the facts alleged by the reporting party do warrant an Honor Code proceeding, s/he shall initiate a preliminary investigation of the alleged violation.
c. The preliminary investigation shall be completed within ten (10) school days after the initial report of the possible violation. Upon completion of the preliminary investigation, the investigator shall make a determination whether there is sufficient evidence to support an Honor Code prosecution.
i. If the investigator, after consultation with the Associate Dean (unless the investigator is the Associate Dean), determines that the evidence does not warrant prosecution, she/he shall inform the accused and the reporting party in writing and proceedings shall be terminated.
ii. The investigator shall informally interview the accused during the preliminary investigation.
a'. If the accused admits the charges during the interview, the investigator shall consult with the Associate Dean regarding the appropriate sanction (unless the investigator is the Associate Dean) and then advise the accused of the sanction(s) the investigator deems appropriate.
b'. If the accused agrees, the sanction(s) shall be imposed.
c'. If the accused admits the charge(s) but disagrees with the sanction(s), the matter shall proceed to a hearing before the Honor Code Committee in the manner prescribed below, but for the sole purpose of recommending appropriate sanction(s).
d'. If the accused denies or does not respond to the charge(s), the preliminary investigation shall continue to completion.
iii. If the investigator determines that there is sufficient evidence to support a prosecution she/he shall notify the accused and the Dean of the Law School in writing of the decision to prosecute and the specific charge(s) that will be prosecuted.
d. Upon being informed of the decision to prosecute, or or of a student's disagreement with the proposed sanction(s), the Dean shall appoint a faculty member (not a faculty advisor to the Honor Code Committee) to prosecute the case before the Honor Code Committee, and notify the Honor Code Committee chairperson of the pendency of the prosecution. The person appointed to prosecute the case may be the investigator on the case.
e. Upon receipt of notice of the pending prosecution, the chair of the Honor Code Committee shall set a date and time for a hearing on the charges. The date set shall be no more than fifteen (15) school days after notice of the decision to prosecute was given to the accused, and the accused and the prosecutor shall be given at least three (3) school days' written notice of the hearing.
f. Prehearing Procedure.
i. A least two (2) school days prior to the hearing the prosecutor shall furnish the accused with a list of the witnesses who will be called to testify by the prosecutor, summaries of the substance of their testimony, and copies of any documents that will be introduced in evidence by the prosecution.
ii. At least one (1) school day prior to the hiring the accused shall furnish the prosecutor with a list of the witnesses who will testify for the accused, summaries of the substance of their testimony, copies of any documents that will be introduced in evidence by the accused, and the name, address and telephone number of any person who will be acting as counsel for the accused during the hearing.
iii. Only witnesses identified by the list of either the prosecutor or the accused shall be permitted to testify unless the committee for good cause permits otherwise.
i. Unless the accused waives a closed hearing, the only persons permitted to attend will be the accused, his/her counsel, the Honor Code Committee, the prosecutor, and witnesses. Witnesses may be sequestered at the discretion of the Committee.
ii. The Committee shall have the right to exclude testimony irrelevant to the charge(s) being prosecuted. Where the substance of proffered testimony is not disputed, written summaries may be accepted in lieu of oral testimony.
iii. The hearing shall be conducted with as much informality as is consistent with the purpose of the inquiry. Formal rules of evidence and procedure shall not apply. The Committee, however, shall have the right to exclude evidence which is neither material nor relevant.
iv. The hearing shall be recorded in its entirety.
v. The accused shall have the right to the assistance of any person including retained counsel.
vi. The accused shall have right to confront and cross-examine any witnesses who testify against the accused.
vii. The accused shall have the right to remain silent and no adverse inferences shall be drawn from this action. The accused shall be presumed innocent until guilt is proven by clear and convincing evidence.
viii. The Committee, as soon as practicable after termination of the hearing, shall deliberate to determine the guilt or innocence of the accused.
a'. A determination of guilt by the Committee requires a concurrence of three (3) out of five (5) members of the Committee.
b'. If a determination of guilt is not made, all concerned parties shall be notified in writing and the proceedings shall terminate.
c'. If a determination of guilt is made, the Committee shall recommend the appropriate sanction(s) in writing to the Dean. If the Committee makes a determination of guilt, but cannot unanimously agree on the sanction(s) it shall report its finding of guilt and its diverse recommendations on the sanction(s) to the Dean. The Committee shall furnish copies of its report arid recommendation(s) to the accused and the prosecutor.
ix. Two (2) school days after the Committee's report and recommendation(s) are issued, the Dean shall give the prosecutor and accused an opportunity to present arguments in writing about the appropriate sanction(s). After giving due weight to the Committee's recommendation(s) and the arguments of the accused and prosecutor, the Dean shall impose whatever sanction(s) s/he deems appropriate.
h. Any time limits within this Code may be extended for good cause.
i. The Honor Code Committee shall be composed of five (5) student members. Two students shall be appointed for two-year terms and one student for a one-year term by the President of the Washburn Student Bar Association. The President shall also fill any vacancies. One student alternate shall also be appointed. All appointments must be approved by the Executive Committee. A non-voting faculty advisor shall be appointed by the Dean from among full-time faculty of the Law School. The Committee shall select its chair from among its five (5) full members.
j. If the alleged honor code violation personally involves the Dean, Associate Dean or a member of the Honor Code Committee, that person shall recuse him or herself. The accused can request any person to recuse him or herself. In the event the Dean recuses him or herself, the most senior disinterested faculty member shall serve in the capacity of the Dean for the proceeding.
k. During an investigation, the investigator and prosecutor have a duty to use reasonable care to maintain the confidentiality of the proceedings, to the extent consistent with their duties. Except as otherwise provided in this paragraph and in part 3, information gained by anyone as a result of participation in the procedures set out in part 4 is confidential and shall not be disclosed to other law students or members of the general public. On the termination of an honor code proceeding, if no violation is found, the' proceedings shall remain confidential at the option of the accused. However, the Dean may elect to post a notice in the law school announcing that no violation was found when, in the Dean's judgment, a substantial section of the student body is aware of the pendency of the Honor Code proceeding, and the Dean believes that not posting a notice will be detrimental to the accused and the law school community. The notice should briefly describe the charges made and the reasons for finding no violation, but shall not identify the accused by name. If a violation is found and a sanction is imposed, the Dean or the Associate Dean will post a notice in the law school which describes the nature of the violation and lists the sanction(s) imposed but which does not identify the violator by name. However, the committee or the person imposing the sanction may recommend and the Law School Dean, for good cause shown, may order that the violation and sanction(s) not be posted.
Nothing in this Honor Code shall preclude the Director of the Library from prescribing and enforcing rules, independently of this Honor Code, regarding the use of library facilities and materials. However, if a sanction imposed on a student under independent library rules will have a substantial effect on the student's academic program, the student may appeal to the Dean in writing asking that the sanction be reduced or revoked. When it is unclear whether misconduct regarding the use of library facilities and materials should be prosecuted under this Honor Code or under independent library rules, the Director of the Library shall consult with the Associate Dean to determine the appropriate course of action.
8 August 2006
Updated Student Conduct Code which was approved by the Board of Regents 10 April 2002