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    Marylhurst University
   
 
  Oct 20, 2017
 
 
    
2017-2018 Student Handbook

Code of Conduct


Statement of Purpose

The Marylhurst University community supports the rights of each student to study and interact in a respectful atmosphere that supports the pursuit and acquisition of knowledge. Each member of the university community is expected to assume responsibility for creating an environment conducive to fulfilling such a goal. Therefore, the university reserves the right to initiate and enforce regulations that enhance this philosophy and when it judges necessary, to preserve the educational and spiritual mission of Marylhurst University. Members of and visitors to the university community are required to abide by all university regulations, as well as local, state and federal laws. By attending Marylhurst University, you voluntarily indicate your decision to behave within the norms set forth by the university. Any person not willing to live within these norms should expect disciplinary action by the university and/or criminal prosecution.

Philosophy

Marylhurst University is a Catholic university. The university Student Code of Conduct policy is based on academic and social rights and responsibilities. As a Marylhurst University student, you may expect freedom from personal force and violence, threats of violence and personal abuse. As a member of an academic community, you should conduct yourself within the limits established by Marylhurst University for maintaining a learning environment.

Marylhurst University facilitates the learning and development of persons within the university community. This purpose carries with it the responsibility to regulate conduct and behavior so that educational achievement and other goals are not impeded, obstructed or threatened. In matters of student conduct, university authority resides with the President of the university with delegated authority to the Provost, Director of Enrollment Services, and/or the Title IX Coordinator as appropriate.

Student organizations and groups are expected to adhere to all applicable institutional regulations; officers of organizations are responsible for assuring compliance.

In general, the university is concerned with violations of its own rules and policies. However, if you are involved in civil or criminal infractions, and these infractions are of such a nature or severity that there is a legitimate concern for the reputation, safety, property, and well-being of the university, or the safety, property and well-being of members of the university community, then the university may impose sanctions.

Examples of unacceptable misconduct subject to disciplinary action include, but are not limited to, the following:

  1. Academic dishonesty in any form. Academic dishonesty includes but is not limited to cheating, plagiarism, forgery and the use of materials prepared by another, whether published or not, including commercially prepared materials without appropriately crediting the source.
  2. Obstruction or disruption of teaching, research, administration, disciplinary procedures, or any other university activity performed on university-owned or leased property, off-campus sites, and virtual sites whether intentional or negligent on the part of the student.
  3. Obstruction or disruption that interferes with the freedom of movement, both pedestrian and vehicular, on university-owned or leased property and off-campus sites.
  4. Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on university-owned or leased property and off-campus sites that is in contravention of law or without university authorization.
  5. Harassment of any form. Harassment includes, but is not limited to, that based on an individuals gender, race, age, natural origin, color, veteran status, marital status, religion, disability, or sexual orientation.
  6. Detention or physical abuse of any person, or conduct which is intended to threaten or imply a threat of imminent bodily harm or endangerment to the health of any person.
  7. Malicious damage, misuse, and/or theft of university property, or the property of any person when your property is located on university-owned property or, regardless of location is in the care, custody, or control of the university. This includes any and all virtual property pertaining to the university websites or software. Malicious damage or misuse also includes knowingly endangering the university computer systems and the unauthorized download and/or misuse of intellectual property (per copyright law).
  8. Refusal by any student while on university property or in a virtual space managed by the university, to comply with any university policy or an order from any authorized university official(s), including any order to leave such premises because of conduct prohibited by this code, when such conduct constitutes a danger to personal safety or property, or is disruptive to educational or other appropriate university activities.
  9. Unauthorized entry to or use of university facilities, including buildings, grounds, desks, files, and equipment as well as virtual or online course or social sites managed by the university.
  10. Any illegal use, possession, manufacture, sale, or distribution of drugs on university-owned or leased property and off-campus sites using virtual sites managed by the university.
  11. Any violation of university policy regarding alcohol use. See page 24.
  12. Knowingly providing false or misleading information to the university.
  13. Alteration, forgery, or unauthorized use of university documents, records, or identification.
  14. Unauthorized possession of keys to university facilities including buildings, desks, files, and equipment.
  15. Inciting, advocating, or encouraging others to engage in any prohibited activity.
  16. Any violation of the Marylhurst University technology access, use, and security policies.
  17. Any violation of the Marylhurst University privacy policy.

Depending on the nature of the policy violations, penalties can range in severity from warning or written reprimand to dismissal from the institution.

Special Categories of Code and Special Conditions Related to the Student Code of Conduct

1.  Academic Dishonesty Definitions

Because Marylhurst University is a Catholic university, the pursuit of knowledge and the development of ethical principles are of utmost importance. A commitment to ethical academic integrity is essential. Every member of the university community is responsible for upholding the highest standards of honesty at all times. As a member of this community, you are also responsible for adhering to the principles and spirit of academic honesty. Violation of honesty standards can result in denial of credit (F or NP grade) for an assignment and/or an entire course. Penalties are given at the discretion of the faculty member in consultation with the department chair or provost.
Any violation of the Academic Honesty Code can result in a referral from the faculty member or the department chair to the provost. The provost will respond to the complaint as a violation of the Student Code of Conduct. Students charged with a violation have the right to appeal any disciplinary action. Contact the Provost’s Office for details.

  1. Cheating - Using or attempting to use unauthorized assistance, material, or study aids in examinations or other academic work, or preventing or attempting to prevent another from using authorized assistance, material, or study aids. Examples: Using a cheat sheet in a quiz or exam; altering a graded exam and resubmitting it for a better grade.
  2. Plagiarism - Using the ideas, data, or language of another without specific and proper acknowledgment. Examples: Misrepresenting another’s work (paper, lab report, article, or computer work) as one’s own original creation and submitting it for an assignment; using someone else’s ideas without attribution; failing to cite a reference or to use quotation marks where appropriate.
  3. Fabrication - Submitting contrived or altered information in any academic exercise. Examples: Making up data for an experiment; false manipulation of data; citing non-existent or irrelevant articles.
  4. Multiple Submissions - Submitting, without prior permission, any work submitted to fulfill another academic requirement. Example: Submitting the same paper for two different classes without the instructor’s express prior approval.
  5. Misrepresentation of Academic Records - Misrepresenting, tampering with, or attempting to tamper with any portion of an academic transcript or record, either before or after coming to Marylhurst. Examples: Forging a registration form or a change of grade slip; tampering with academic computer records.
  6. Facilitating Academic Dishonesty - Knowingly helping or attempting to help another violate any provision of this code. Example: Working together on a take-home exam or other assignment intended to be an individual project without the instructor’s express prior approval.
  7. Unfair Advantage - Attempting to gain unauthorized advantage over fellow students in an academic exercise. Examples: Gaining or providing unauthorized access to examination materials (either past or present); obstructing or interfering with another student’s efforts in an academic exercise; lying about a need for an extension for an exam or paper; destroying, hiding, removing, or keeping library materials.
  8. Computer/Net Crimes - Unauthorized use of a computer or the use of a computer to commit a criminal act. Examples include, but are not limited to, hacking, harassment, copyright infringement, privacy violations, the spread or promotion of offensive and/or pornographic material, deleting or altering data, the construction and/or release of viruses, or the unauthorized removal of institutional hardware and/or software programs.
2.  Diversity 

Diversity of views, cultures, and experiences is critical to the academic mission of higher education. Such diversity enriches the intellectual lives of all, and increases the capacity of Marylhurst University to serve the educational needs of its community.

Marylhurst University is also equally committed to academic freedom and free speech. As members of an institution of higher learning, respecting these rights requires that we tolerate expressions of opinion that differ from our own or that we may find abhorrent.

These values of free expression justify protection of speech that is critical for diversity and other principles central to the university’s academic mission. Acts of intolerance that suppress alternative views through intimidation or injury undermine the values of free expression. As members of an institution of higher learning, the university must stand against any assault upon the dignity and value of any individual through any and all harassment that substantially interferes with her or his educational opportunities and other “protected interests.”

Marylhurst University seeks to ensure a community free of abusive or unwelcome intrusion by others. Harassment of any kind, whether based on an individuals gender, race, age, religion, disability, sexual orientation, or any other protected class, will not be tolerated. If you learn of, or are subjected to, any form of harassment by anyone including faculty, staff, students, or visitors, you should report it immediately to the Director of Enrollment Services or the Title IX Coordinator. All complaints will be treated with sensitivity and confidentiality to the extent possible.

3.  Retaliation

Marylhurst University will take appropriate action against any student, faculty member, staff member, or administrator who retaliates against any person that reports alleged harassment, files a complaint of harassment, or that testifies, assists, or participates in any investigation, hearing, or proceeding related to such harassment.

4.  Alcohol / Drug Policies

Marylhurst University is committed to providing a safe, drug-free workplace and environment for students. In accordance with federal, state, and local law, the illegal use, possession, manufacture, sale, or distribution of drugs by students while on campus or at any campus-sponsored event is prohibited. Although Oregon’s Measure 91 went into effect on July 1, 2015, marijuana is still illegal under federal law and not allowed on campus.


The university prohibits the unlawful use, abuse, sale, purchase, transfer, possession, manufacture, distribution, or dispensing of drugs by students and employees on university property or as part of any university activity. The possession or use of alcohol by students and employees on campus is also prohibited except when approved for a university-sponsored event. In such instances, alcohol may not be served to or be consumed by any person who is under the age of 21 or any person who appears to be intoxicated.

  • Sanctions for Violations
    In addition to penalties imposed under state and federal law, students who are alleged to have committed any of the prohibited actions described above are subject to Marylhurst University’s Student Code of Conduct disciplinary actions. The official response can range from a verbal reprimand to full dismissal.
  • Treatment and Assistance
    Students experiencing instances of substance abuse are urged to seek assistance. A variety of local programs are available to provide individuals the support and encouragement they need. Please see the Director of Student Services for confidential support and referral.
5.  Use of Tobacco Products

No use of tobacco products is permitted in any building on the Marylhurst University campus or within 25 feet of any building. This includes the use of e-cigarettes and devices used for vaping.

6.  Sexual Harassment and/or Misconduct

Marylhurst University will not tolerate sexual aggression in any form. The university is committed to an environment that is free from the emotional and physical threat of sexual harassment and/or assault. Any student, staff, administrator, or faculty member charged with sexual misconduct can be prosecuted under Oregon criminal statutes and/or disciplined under the university’s policy. Marylhurst University affirms that those who bring charges forward - whether administrators, faculty, staff, or students - will be supported and treated with respect.

Victims are strongly encouraged to report sexually abusive behaviors to the university staff members identified below and throughout university publications. These staff members are trained and available to support students. (Please make a report as soon as possible after the incident).

The university will respond to all reports of sexual misconduct with the utmost seriousness. When responding to reports of sexual misconduct, support for the victim will be the university’s first priority. Victims of sexual misconduct will be referred to the appropriate persons for assistance and support. Victim confidentiality will be protected to the extent possible.

7.  Investigation of Alleged Violations of the Code of Conduct

Any member of the university community may present an allegation to the Director of Enrollment Services or the Title IX Coordinator that a student has engaged in conduct prohibited by the Student Code of Conduct. The Director of Enrollment Services and Title IX Coordinator will investigate to find probable cause that the allegation is well founded. If probable cause is not found, the allegation will be dismissed and a letter will be sent to the complaining party indicating the decision made. No file will be created in this instance.

Allegations of misconduct that do warrant further investigation will be handled by the Director of Enrollment Services and/or the Title IX Coordinator depending upon the violation, and will include an opportunity for a conversation with the alleged violator of the code of conduct. If there is clear and convincing evidence (amounting to more than probable cause) that the allegation is true, the student will be notified in writing of the appropriate action that will be taken. Examples of appropriate action can include verbal warning, written reprimand, or placement on disciplinary probation or suspension. If the violation warrants consideration of more substantial penalties a formal hearing is required. Specifically this is true whenever penalties of dismissal or restitution may be imposed.

If the case requires no formal hearing, and once the student has been informed of the decision, the student has a period of 14 calendar days to appeal the decision to the provost. The appeal must be in writing and must cite the basis of the appeal. (Appropriate bases for appeal include: acts or omissions by the Director of Enrollment Services or Title IX Coordinator that violate the student’s rights or evidence offered that was unavailable at the time of the decision). The provost will consider the student’s appeal and the evidence obtained from the investigating offices and issue a final written decision to the student within two weeks of reception of the appeal. The decision of the provost is final.

If the Director of Enrollment Services or the Title IX Coordinator determines that a formal hearing is required, a statement of charges will be prepared and addressed to the student that states the following:

  • the authorization of the proceedings by the Student Code of Conduct.
  • the matter(s) charged, with reference to the specific prohibition involved.
  • the student’s right to a formal hearing and a description of the procedure to be followed.
  • the student’s option to waive a formal hearing in writing, the period in which such a waiver must be made (determined in each case), and a description of the procedure to be followed if the formal hearing is waived. 

The Director of Enrollment Services or the Title IX Coordinator will deliver the charges to the student, either by hand delivery or by certified mail. If the student charged waives the right to a formal hearing within the specified time, the same procedures described in cases that do not require a formal hearing will be utilized. If the student charged does not waive a formal hearing within the time specified, the matter will be referred to a disciplinary hearing committee. The disciplinary hearing committee (see description below) will be responsible for the conduct of further proceedings in the matter.

The Director of Enrollment Services will appoint the disciplinary hearing committee. Membership will include one academic department chair or director, one faculty member, two students, the Director of Enrollment Services and the Title IX Coordinator. The student charged may challenge the membership of the committee with a written appeal to the Director of Enrollment Services.

The committee will elect a chairperson from among its members. The elected chairperson will be responsible for assuring that all subsequent actions of the committee are in accordance with the requirements of the code of conduct, any applicable constitutional or statutory provisions, and for making all procedural rulings during the hearing. The chairperson is a voting member of the committee. The disciplinary hearing committee, if requested will be provided with counsel who will assist the chair in deciding procedural matters and other issues of law. The counsel will not advise the committee on any factual determination nor participate in the committee’s deliberations at the conclusion of the hearing except as requested by the chairperson, and only for the purpose of clarifying procedural and legal matters. The committee may not act unless all members are present. In the event of illness, accident, or other incapacity of a member, the Director of Enrollment Services will appoint a replacement. Decisions, other than evidentiary and other procedural rulings by the chairperson of the committee, will be controlled by majority vote of the committee. The chairperson will notify the student in writing of the committee’s decision. If the decision goes against the student, the letter will also inform the student that he/she has a period of seven calendar days to appeal the decision to the provost. If the student does not appear before the committee, he/she waive all rights to an appeal of the committee’s decision.

The student’s appeal must be in writing and must cite the basis of the appeal. The provost shall consider the appeal and the evidence obtained from the committee, and within two weeks, will issue a final written decision. Pending resolution of the charges, the student will be entitled to all the rights and privileges of a student in good standing, unless the Director of Enrollment Services and/or the Title IX Coordinator determines that a student’s presence at the university constitutes a threat to the safety of the university community. If such a determination is made, the student may be suspended from the university temporarily or until the charges are resolved.

8.  Definition of Sanctions
  • Reprimand
    This sanction may be given orally or in writing. A reprimand is a warning that any further conduct that violates the student code of conduct may result in increasingly severe sanctions. 
  • Disciplinary Probation
    This sanction permits the student to remain at the university only upon condition that he/she avoids further conduct that violates the prohibitions of this code. In appropriate cases additional conditions may be imposed when the circumstances of the student’s misconduct do not warrant suspension or dismissal. 
  • Suspension
    This sanction suspends an individuals rights as a student for a period of time not to exceed two calendar years from the date of suspension. The individual may resume active status as a student at the university at the expiration of the period of suspension provided that he/she has complied with established admission and registration procedures, has met any other readmission stipulations imposed at the time of the suspension, and has received approval from the Director of Student Services to be reinstated.
  • Dismissal
    This sanction terminates, from the date of dismissal, the individuals rights as a student within the university. 
  • Restitution
    This sanction may be imposed in connection with the other sanctions provided in the code in cases involving damaged, stolen or misappropriated property, or stolen or misappropriated money.