The university will maintain an academic environment in which the freedom to teach, conduct research, learn, and administer the university is protected. Students will enjoy maximum benefit from this environment by accepting responsibilities commensurate with their role in the academic community. The principles found herein are designed to facilitate communication, foster academic integrity, and defend freedoms of inquiry, discussion, and expression among members of the university community. (BOR Policy: P09.02.010)
- to pursue an education free from illegal discrimination and to be judged on the basis of relevant abilities, qualifications, and performance;
- to fair and impartial academic evaluation and a means of recourse through orderly procedures to challenge action contrary to such standard;
- to free inquiry and expression;
- to access their own personnel and education records and to have the university maintain and protect the confidential status of such records, as required by appropriate legal authority;
- through student representatives, to participate in formulating and evaluating institutional policies;
- to organize and join associations to promote their common and lawful interests;
- to be able to protest on university premises in a manner which does not obstruct or disrupt teaching, research, administration, or other activities authorized by the university;
- to an academic environment conducive to intellectual freedom;
- to a fair and orderly disciplinary process; and
- to have access to accurate information regarding tuition, fees and charges, course availability, general requirements for establishing and maintaining acceptable academic standing, and graduation requirements.
Students will be expected to balance these rights with the responsibility to respect the learning environment for others and for themselves and to make their best effort to meet academic challenges undertaken. Students will be responsible for compliance with the University of Alaska Student Code of Conduct.
Information regarding student rights and responsibilities will be set forth in student handbooks and made available in libraries, student affairs offices, and/or electronically. Students will be expected to make a good faith effort to become knowledgeable about their rights and responsibilities as students. (BOR Policy: P09.02.010)
Student Code of Conduct
As with all members of the university community, the university requires students to conduct themselves honestly and responsibly, and to respect the rights of others. Conduct that unreasonably interferes with the learning environment or that violates the rights of others is prohibited by the standards and guidelines described in this section and in university regulation and MAU rules and procedures, collectively referred to as the Student Code of Conduct, or code. Students and student organizations will be responsible for ensuring that they and their guests comply with the code while on property owned or controlled by the university or at activities authorized by the university. (BOR Policy: P09.02.020.A.)
Disciplinary action may be initiated by the University and disciplinary sanctions imposed against any student or student organization found responsible for committing, attempting to commit, or intentionally assisting in the commission of any of the following categories of conduct prohibited by the Code. The examples provided in this section of actions constituting forms of conduct prohibited by the Code are not intended to define prohibited conduct in exhaustive terms, but rather to set forth examples to serve as guidelines for acceptable and unacceptable behavior.
- Cheating, Plagiarism, or Other Forms of Academic Dishonesty
- Forgery, Falsification, Alteration, or Misuse of Documents, Funds, or Property
- Damage or Destruction of Property
- Theft of Property or Services
- Endangerment, Assault, or Infliction of Physical Harm
- Disruptive or Obstructive Actions
- Misuse of Firearms, Explosives, Weapons, Dangerous Devices, or Dangerous Chemicals
- Failure to Comply with University Directives
- Misuse of Alcohol or Other Intoxicants or Drugs;
(BOR Policy P09.02.020)
Examples include students who:
- Use material sources not authorized by the faculty member during an examination or assignment;
- Utilize devices that are not authorized by the faculty member during an examination or assignment;
- Provide assistance to another student or receiving assistance from another student during an examination or assignment in a manner not authorized by the faculty member;
- Present as their own the ideas or works of another person without proper acknowledgment of sources;
- Knowingly permit their works to be submitted by another person without the faculty member’s permission;
- Act as a substitute or utilize a substitute in any examination or assignment;
- Fabricate data in support of laboratory or field work;
- Possess, buy, sell, obtain, or use a copy of any material intended to be used as an instrument of examination or in an assignment in advance of its administration;
- Alter grade records of their own or another student’s work; or
- Offer a monetary payment or other remuneration in exchange for a grade.
- Forgery, falsification, or alteration of records or deliberate misrepresentation of facts on University forms and documents or to any University official or before a University judicial hearing board;
- Misuse or unauthorized use of University identification cards, keys, funds, property, equipment, supplies or resources;
- Falsely representing oneself as an agent of the University, incurring debts or entering into contracts on behalf of the University; or
- Trespassing or unauthorized entry into, unauthorized presence on, or use of property which is owned or controlled by the University.
- Damage or destruction to property owned or controlled by the University;
- Damage or destruction of property not owned or controlled by the University if the action constitutes a violation of the Code, e.g.:
- the action occurred during an event authorized by the University;
- the student was a representative of the University, such as an athlete, and the action occurred while traveling to or from an event authorized by the University; or
- the property not owned or controlled by the University was located on University property.
- Theft or unauthorized possession or removal of University property or the property of any University member or guest that is located on property owned or controlled by the University; or
- Theft or unauthorized use of University services or unauthorized presence at University activities without appropriate payment for admission.
- Physical or verbal abuse;
- Sexual harassment;
- Intimidation; or
- Other conduct, including hazing, which unreasonably interferes with or creates a hostile or offensive learning, living, or working environment.
- Physical assault;
- Sexual misconduct and assault;
- Terrorist threats;
- Hazing or coercion that endangers or threatens the health or safety of any person, including oneself; or
- Conduct which causes personal injury.
- Obstructing of disrupting teaching, research, administration, disciplinary proceedings, or other activities authorized by the University;
- Interfering with the freedom of movement of any member or guest of the University to enter, use, or leave any University facility, service or activity; or
- Taunting or physically harassing wildlife or otherwise creating an unsafe or hazardous environment involving wildlife on property owned or controlled by the University.
Repeated violations of standard laboratory safety rules and safe procedures as outlined by the instructor at the beginning of a UAS laboratory-based course.
- First offense: A verbal warning with a written record kept of the warning in the laboratory manager’s office. Should the student not violate the rules and procedures again the written record will be removed from the file at the conclusion of the semester.
- Second offense: a written warning with the rule reviewed and a statement signed by both the student and the instructor stating that the rule is understood and will be followed.
- Third offense: a temporary restriction from attending the lab until a conference is held with the student, the laboratory manager, the safety committee chairperson, and the instructor. The student will decide whether he or she will sign an agreement to consistently adhere to the rules and procedures for that point forward. Should the student refuse to sign the agreement, the temporary restriction from being in the laboratory will continue and the student will be referred to the Dean of Students for formal university disciplinary action for violation of the UAS Student Code of Conduct, which may include permanent removal from the course.
- Fourth offense: Should the student sign the agreement upon the third offense and fail to strictly adhere to the rules and procedures, the student will be temporarily restricted from being in the laboratory and referred to the Judicial Official for formal university disciplinary action for violation of the UAS Student Code of Conduct, which may include permanent removal from the course.
Example: unauthorized use, possession, or sale of these items on property owned or controlled by the University, except as expressly permitted by law, Regents’ Policy, University Regulation, or UAS rules and procedures.
- Failure to comply with the directions of law enforcement officers or University officials acting in the performance of their duties;
- Failure to identify oneself to University officials when requested; or
- Failure to comply with disciplinary sanctions imposed by the University.
- Use, possession, manufacture, distribution, or being under the influence of alcoholic beverages on property owned or controlled by the University or at activities authorized by the University, except as expressly permitted by law, Regents’ Policy, University Regulation, or UAS rules and procedures; or
- Use, possession, manufacture, distribution, or being under the influence of any narcotic, controlled substance, or intoxicant on property owned or controlled by the University or at activities authorized by the University, except as expressly permitted by law, Regents’ Policy, University Regulation, or UAS rules and procedures.
University Judicial Procedures Authority and Responsibilities of Judicial Officers
The Chancellor will appoint a judicial officer experienced in student disciplinary proceedings who will supervise and implement a judicial review process for student disciplinary matters. The judicial officer will consult with extended site directors prior to delegating student disciplinary responsibilities to staff located on extended campuses. Judicial officers or designees have authority over disciplinary proceedings and are responsible for:
- Serving as, or designating, a review officer to conduct administrative reviews or judicial board hearings;
- Presenting, or designating a person to present, the University’s case before a judicial board;
- Assembling the members of judicial boards; and
- Modifying timelines associated with judicial proceedings in order to accommodate the academic calendar and for other reasons deemed appropriate by the officer.
- The University will afford each student subject to judicial proceedings due process appropriate to the alleged violation and the magnitude of the potential sanction(s).
- If an accused student chooses to remain silent or does not participate in a judicial proceeding, decisions will be based on available information.
- A student may be accompanied by an advisor, who may be an attorney, during judicial proceedings. The advisor’s role will be determined by the rules governing the proceedings.
- Students may have copies of the records of their judicial proceedings at their own expense.
- Students may appeal decisions to impose minor sanctions and/or the severity of the sanction to the senior student services officer or designee. Students will be afforded an opportunity to provide comments to the senior student services officer on recommendations to impose major sanctions.
- The University will consider the needs and circumstances of injured parties, especially victims of personal injury and/or sexual assault. The University will take such measures as it deems reasonable to prevent the unnecessary exposure of victims of personal injury and/or sexual assault.
- An alleged victim of personal injury or sexual assault will be provided such information regarding the judicial process and the University’s responses as is required by law.
- Judicial Procedure: A judicial procedure is a review undertaken by the University to establish whether there is substantial information to determine whether it is more likely than not that a student violated the Code.
- Major Sanction: Major sanctions include suspension, expulsion, revocation of a degree, and other sanctions specified by UAS rules and procedures as being major sanctions.
- Minor Sanction: Minor sanctions are those other than ones specified as major sanctions.
- After an allegation of misconduct is made, judicial review procedures will commence with a preliminary investigation, at the conclusion of which the judicial officer or designee will determine:
- whether to dismiss the charges; or
- whether the allegations, if true, would likely result in imposition of a minor sanction, in which case the matter continues with an ad- ministrative review; or
- whether the allegations, if true, would likely result in imposition of a major sanction, in which case the student is provided the opportunity to choose between a judicial board hearing or an administrative review.
- A judicial board hearing is only available to students deemed subject to imposition of a major sanction. In a judicial board hearing the matter is reviewed by a panel of students and faculty, and students are afforded the opportunity to be represented by legal counsel.
- An administrative review is conducted by the judicial officer or designee and is intended to be an expedited process for examination of information and decision making. An administrative review
is the only review process for matters involving imposition of a minor sanction. A student charged with infractions of the Code which would be subject to a major sanction may choose to have the matter investigated by an administrative review, but in so doing will be required to waive certain processes otherwise available under the judicial board hearing.
- An imposition of a minor sanction following a judicial board hearing or administrative review may be appealed to the senior student services officer, whose decision on the matter constitutes the final decision for the University.
- Findings, conclusions, and recommendations from either the judicial board or administrative review process to impose a major sanction proceed to the Chancellor after review by the senior student services officer. Opportunity will be provided to the student to comment on the administrative review or judicial board hearing. The decision of the Chancellor is the final decision for the University.
- Any University student, faculty or staff member may initiate a disciplinary action against a student for violation of the Code. Allegations of Code violations must be in writing, signed by the complaining party, and submitted to the judicial officer or designee in accordance with UAS rules and procedures.
- The judicial officer or designee will review the al- legations and conduct an appropriate preliminary investigation to determine:
- whether to dismiss the matter because insufficient information exists to support the accusation; or
- whether sufficient information exists to war- rant further judicial proceeding, and, if so,
- whether the charges, if substantiated, will subject the student to a major or a minor sanction.
- The judicial officer or designee will send the student written notification:
- of the allegations of misconduct and the provisions of the Code which allegedly have been violated;
- of the judicial officer’s or designee’s name, telephone number, and office location; and the time period in which to schedule a meeting to review the charges;
- of whether a major or minor sanction is likely to be imposed should the charges be substantiated, and
- if a minor sanction is likely, that the matter will be pursued with an administrative review; or
- if a major sanction is likely, that the student has a choice between an administrative review or a judicial board hearing; and
- that, should the student fail to schedule a meeting, the meeting will be scheduled by the judicial officer or designee.
- Should a student fail to schedule a meeting within the time period specified in the notification of charges, the judicial officer or designee will schedule the meeting and notify the student in writing at least three class days in advance of the scheduled meeting that, should the student fail to respond or appear, the judicial officer or designee will schedule an administrative review and that the student will have waived the opportunity for review by a judicial board hearing.
- A student under review for matters which could result in the imposition of a major sanction will be provided a written explanation of the differences between an administrative review and a judicial board hearing. The student’s choice of procedure must be stated in writing.
- If the student chooses an administrative re- view, the student must also waive, in writing, rights to procedures in the judicial board hearing which are not included in an administrative review.
- If the student chooses a judicial board hearing, the student will be notified in writing that:
- the names of witnesses, copies of any witnesses’ written statements, or other documents on which the University will rely will be made available to the student for review at least three class days prior to the hearing;
- the student must submit to the judicial officer or designee at least three class days prior to the hearing the names of witnesses, copies of any witnesses’ written statements, or other documents on which the student will rely; and
- the student is to have no contact with any judicial board members or alleged victims involved in the matter, and, where appropriate, limited contact with other individuals involved with the hearing.
- The University judicial system is not a court of law and is not held to standards applied in criminal proceedings. Formal rules of evidence will not apply. Testimony containing hearsay may be heard, taking into account the reliability of the information. Findings and conclusions will be based upon information presented during the review or hearing.
- Reviews and hearings will ordinarily be scheduled between three and fifteen class days after writ-
ten notice has been sent to the student, at times determined by the judicial officer or designee.
- The judicial officer or designee will conduct an administrative review or chair a review by the judicial board.
- Should a student fail to appear for an administrative review or judicial board hearing, the judicial officer or designee may determine to proceed with the review or hearing without the student.
- Reviews or hearings may be conducted by audio conference or at an off–campus location, if directed by the judicial officer or designee.
- The judicial officer or designee will establish reasonable rules for the conduct of the review or hearing, and will make them available to all parties.
- Students may select an advisor for assistance during the proceedings. Should the student choose an attorney for an advisor, the student is responsible for the attorney’s fees and legal costs regardless of the outcome of the review or hearing.
- An administrative review or judicial board hearing will result in the preparation of written findings and conclusions. Conclusions will result in one of the following:
- Charges are dismissed.
- A minor sanction is imposed. If a minor sanction is imposed, the judicial officer or designee will send the student written notification of the decision and appeal rights within 10 class days of the conclusion of an administrative review or judicial board hearing.
- A major sanction is recommended. If a major sanction is recommended, the judicial officer or designee will, within ten class days of the conclusion of an administrative review or judicial board hearing:
- send the student written notification of the decision and of the right to provide comment to the senior student services officer; and
- forward the record of the administrative review or judicial board hearing to the senior student services officer.
- At the scheduled meeting the review officer will review the allegations and available information regarding the matter. The student, if present, will be given the opportunity to present information, explanations, and/or mitigating factors for the alleged violation.
- Administrative reviews will be closed proceedings unless otherwise authorized by the judicial officer or designee.
- An advisor for the student may be present during the hearing, but may not represent the student
in the proceedings, nor speak or ask questions on the student’s behalf unless authorized by the judicial officer or designee.
- If, during an administrative review for a charge originally determined to be subject to imposition of a minor sanction, new information is presented that could make the student subject to a major sanction, the student must be offered, in writing, the opportunity for review by a hearing board or
for continuing with the administrative review. The student’s choice must be indicated in writing. If the student chooses to continue with the administrative review, the student must also waive, in writing, rights to the processes in the judicial board hearing which are not included in an administrative review.
- Judicial Board Composition: Two currently enrolled students in good academic and disciplinary standing and three University faculty and/or staff members will be appointed in accordance with UAS rules and procedures to serve on a judicial board. The members of the board must be unbiased and may be selected from another campus or site.
- The accused student will be notified, in writing, at least five class days prior to the judicial board hearing of the names of potential judicial board members. The student may object to a member on the basis of bias, provided the student notifies the judicial officer or designee in writing at least three class days prior to the scheduled hearing and states reasons for believing the board member is biased. The judicial officer or designee will have discretion to either uphold the appointment or have the board member replaced.
- The accused student may choose between an open or closed hearing to the extent that such choices are permitted by state and federal laws. A hearing will be closed unless the student makes a written request at least one day in advance of the hearing to the judicial officer or designee for an open hearing. In order to protect privacy or other rights of individuals involved in a proceeding, however, the judicial officer or designee may determine that all or portions of the hearing will be closed. Witnesses may attend the hearing only during their testimony.
- An advisor for a student may be present and may represent the student during the hearing.
- The accused student will have the opportunity to question and hear all witnesses for the University.
- The accused student will have the opportunity to present a defense, including introduction of relevant exhibits, affidavits, or witnesses, in addition to any information, explanations, and/or mitigating factors presented during the preliminary investigation of charges. Admission of and restrictions on exhibits and other evidence will be at the discretion of the judicial officer or designee.
- The judicial board will deliberate in closed session and make its determination within five class days of the conclusion of the hearing, unless an extension is provided by the judicial officer or designee.
An accused student may appeal a decision to impose a minor sanction to the senior student services officer or designee.
- Appeals may be made on the basis that:
- a material procedural error was made during the process which would have changed the outcome of the matter;
- the sanction imposed was clearly excessive for the violation committed;
- newly discovered information exists which the student could not reasonably have been expected to know of or discover through diligence prior to the conclusion of the matter and which information, if known, would clearly have affected the outcome of the matter; or
- the decision is not supported by substantial information.
- Appeals must be submitted in writing within seven class days of the day the decision is sent
to the student, and in accordance with UAS rules and procedures.
- The senior student services officer or designee will conduct a review of the record and will ordinarily render a decision within seven class days of receipt of the appeal. The senior student services officer may:
- affirm a decision and/or sanction;
- dismiss the case;
- lessen a sanction;
- refer the matter back for further review;
- authorize a new administrative review or judicial board hearing; or
- take such other action as the senior student service officer or designee deems appropriate.
- The decision of the senior student services officer or designee constitutes the University’s final decision on the matter. Notification to the student must be made in writing and in accordance with Regents’ Policy and University Regulation.
A recommendation to impose a major sanction from an administrative review or judicial board hearing is automatically forwarded to the senior student services officer or designee for review.
- The accused student will be given an opportunity to comment upon the findings, conclusions, and recommendation of the administrative review
or judicial board hearing. Comments must be submitted in writing within seven class days of
the day the findings, conclusions, and recommendation are sent to the student, and in accordance with UAS rules and procedures.
- The senior student services officer or designee will conduct a review of the record within 14 class days and may:
- affirm or modify the recommendation for a major sanction and forward the recommendation to the Chancellor;
- dismiss the case;
- lessen the sanction;
- refer the matter back for further review;
- authorize a new administrative review or judicial board hearing; or
- take such other action as the senior student service officer or designee deems appropriate.
- If the senior services officer has recommended a major sanction, the Chancellor will review the record and, ordinarily, render a decision within seven class days of receipt of the recommendation. The Chancellor may dismiss the charges, impose a major or minor sanction, or take action as he/she deems appropriate.
- The decision of the Chancellor constitutes the university’s final decision on the matter. Notification to the student must be made in writing and in accordance with Regents’ Policy and University Regulation.
Disciplinary Sanctions and Reinstatement of University Benefits
Except where otherwise noted in Regents’ Policy or University Regulation, the authority to impose sanctions or summary restrictions may be delegated as provided by UAS rules and procedures.
Summary restrictions may be issued in writing by the Chancellor or designee.
In determining appropriate sanctions, a student’s present and past disciplinary record, the nature of the offense, the severity of any damage, injury, or harm resulting from the prohibited behavior, and other factors relevant to the matter will be considered. The following list of sanctions is illustrative rather than exhaustive. The University reserves the right to create other reasonable sanctions or combine sanctions as it deems appropriate.
- Warning: A warning is notice that the student is violating or has violated the Code, and that further misconduct may result in more severe disciplinary action.
- Probation: Probation is a written warning which includes the probability of more severe disciplinary sanctions if the student is found to be violating the Code during a specified period of time (the probationary period).
- Denial of Benefits: Specific benefits may be denied a student for a designated period of time.
- Restitution: A student may be required to reimburse the University or other victims related to the misconduct for damage to or misappropriation of property, or for reasonable expenses incurred.
- Discretionary Sanction: Discretionary sanctions include community service work or other uncompensated labor, educational classes, counseling, or other sanctions that may be seen as appropriate to the circumstances of a given matter. Costs incurred by the student in fulfilling a discretionary sanction will be the responsibility of the student.
- Restricted Access: A student may be restricted from entering certain designated areas and/or facilities or from using specific equipment for a specified period of time.
- Suspension: Suspension is the separation of the student from the University for a specified period of time, after which the student may be eligible to return. Conditions under which the suspension may be removed and for re-enrollment will be included in the notification of suspension. During the period of suspension, the student may be prohibited from participation in any activity authorized by the University and may be barred from all property owned or controlled by the University, except as stated on the notification. The authority to suspend a student is, by this regulation, delegated to the chancellors. Chancellors may not re-delegate this authority.
- Expulsion: Expulsion is considered to be the permanent separation of the student from the University. The student may be prohibited from participation in any activity authorized by the University and may be barred from property owned or controlled by the University except as stated on the notice of expulsion. The authority to expel a student is, by this regulation, delegated to the chancellors. Chancellors may not re-delegate this authority.
- Revocation of a Degree: Any degree previously conferred by the University may be revoked if the student is found to have committed academic misconduct in pursuit of that degree. The authority to revoke a degree is, by this regulation, delegated to the chancellors. Chancellors may not re-delegate this authority.
Student groups or organizations found to have violated provisions of the Code may be put on probation or sanctioned, which may include loss of University related benefits and access to University facilities and University-held funds.
Reinstatement of University Benefits
The conditions, if any, for re-enrollment and reinstatement of University benefits lost through imposition of a sanction will depend upon the disciplinary sanctions imposed and will be specified in the notification of sanction.
Before a University benefit lost by sanction at one campus may be reinstated at another, the senior student services officer at the former campus must be consulted.
The authority to reinstate a student following suspension or expulsion is hereby delegated to the chancellors by the president of the University. Chancellors may not re-delegate this authority. Any student who is reinstated will be on University disciplinary probation for one year from the date of re-enrollment.
Final University Decision
The University will inform a student in writing when a decision constitutes the University’s final decision in any review procedure. Where applicable, the notification of final decision will also state that further redress on the issue may be had only by filing an appeal with the Superior Court of Alaska; that, in accordance with Alaska Appellate Rule 602(a)(2) regarding appeals from administrative agencies, the student has thirty (30) calendar days after the University has mailed or otherwise distributed the final decision to file an appeal; and that failure to file an appeal constitutes acceptance of the decision and a waiver of any further legal rights.
Resolution of Disputes Regarding Student Employment Decisions or Actions
Issues related to student employment will be reviewed in accordance with the grievance procedure specified in Regents’ Policy and University Regulation on human resources, except if specifically modified by Regents’ Policy and University Regulation on employment of students.