Policies

General Policies

Alocoholic Beverages Policy
Drug Free Schools and Community Act
Posting Grades and Appealing Grades
Sexual Harrassment
Student Records
Smoking
University Honor Code

Judicial Affairs

Code Governing Student Conduct in California State University
Disciplinary Procedures for the California State University
Disruptive Classroom Behavior
Cheating and Plagiarism

Alcoholic Beverages Policy

PURPOSE

The purpose of this policy is to provide guidelines for the responsible use of alcohol and to clarify sanctions and procedures for addressing instances of inappropriate use.

STATEMENT OF PHILOSOPHY

California State University, Fresno is committed to creating a safe and healthy learning environment for all members of the campus community. The University disapproves of alcohol abuse, intoxication, and any resulting unacceptable conduct.

While the moderate consumption of alcohol may be an acceptable part of certain social activities, alcohol abuse conflicts significantly with the mission and values of the University. All students, faculty, staff, administrators, guests and visitors are welcome members of this community and are expected to respect, promote and sustain its values. Members of the University community are assured that abstinence and the absence of alcohol from social events are acceptable practices.

ADVERSE EFFECTS OF ALCOHOL ABUSE ON THE CAMPUS COMMUNITY

The excessive use and abuse of alcohol pose numerous risks to the health and well being of individual students and the campus community. Examples of these risks are as follows:

Excessive consumption of alcohol is associated with diminished academic performance. On the average, the more often a student drinks excessively, the lower his or her grades.

Alcohol abuse may result in a variety of health and psychological problems for individuals who drink. In the short term, it contributes to inappropriate risk-taking, which results in violence, accidental injuries, deaths, unintended pregnancies, and sexually transmitted infections. In the long term, it results in addiction, social and family losses, and physical deterioration in approximately 15% of those who drink.

Alcohol abuse has a direct effect on others. It is associated with violent and disruptive behavior that threatens others' safety, comfort, emotional well-being, and ability to function. Even the "minor" but relatively common problems of having one's sleep and studying interrupted by alcohol impaired individuals may significantly affect health, well being, and academic success.

Alcohol abuse by family and friends has significant effects on some individuals' ability to fully embrace the opportunities available in the University.

Alcohol abuse contributes to crime, property damage, and expense to the University.

Finally, alcohol abuse damages the reputation and image of the University.

PREVENTION AND ASSISTANCE PROGRAMS

The University provides a variety of services to prevent and address alcohol problems. Educational programs and activities include residence hall education programs, participation in National Collegiate Alcohol Awareness Week, staff and faculty education, and incorporation of alcohol education into the curriculum. Educational resources are available to all members of the campus community through the Health Education program of University Health & Psychological Services. The University supports a variety of campus organizations and activities that promote alcohol-free experiences. All members of the University community are encouraged to participate in relevant alcohol education and awareness activities.

University Health & Psychological Services provides counseling and referral for students with alcohol related concerns. The cost of any off-campus service is the responsibility of the student. In addition, consultation is provided to faculty, staff, or students concerned about a student's well-being. However, medical or counseling information regarding a specific student cannot be divulged. These services are provided at no charge.

The Employee Assistance and Development Program provides counseling and referral for faculty, staff and administration regarding substance use concerns. There is no charge for these services. Employees should consult their health care benefit plan to determine coverage for off campus services.

I. LAWS AND REGULATIONS

The following information and guidelines are intended to deter alcohol abuse in the institution. The policy establishes the parameters within which approval for use can occur and identifies administrative units responsible for handling policy violations.

STATE OF CALIFORNIA LAWS
1. In the State of California, individuals twenty-one years of age or older may legally purchase, possess and consume alcoholic beverages. All State laws are applicable to California State University, Fresno, and to all individuals on the properties of the University.
2. The Business and Professions Code and related statutes control the sale, consumption, and possession of alcoholic beverages.
3. The California State Alcoholic Beverage Control (ABC) Board is responsible for interpretation and enforcement of the laws regarding the consumption, sale, or possession of alcoholic beverages.
4. The University Police Department is responsible for exercising normal police powers in enforcing laws relating to alcohol

II. UNIVERSITY LIMITATIONS, REQUIREMENTS AND RESTRICTIONS

LIMITATIONS AND REQUIREMENTS
This policy shall govern all activities involving alcoholic beverages on University property and at University sponsored events. The use of alcoholic beverages is limited to the following conditions:
1. The California State University, Fresno Association, Inc. (Association) and the Agricultural Foundation of California State University, Fresno (Ag Foundation) are the only entities licensed by the Alcoholic Beverage Control Board to sell alcoholic beverages on University property. This authority is subject to all applicable State and Federal laws and University regulations.
2. The Association and the Ag Foundation, operating under licenses issued by the ABC, are authorized to provide alcoholic beverages in areas designated by the Vice President for Administration (VPA), subject to the provisions of the Association's Caterer's permit (e.g. the Coffee House Pub and University Restaurant) and the Ag Foundation's operating permit.
3. The President has designated the Vice President for Administration or designee to act in all matters related to the serving of alcoholic beverages on campus. The VPA has designated the Director of Environmental Health and Safety as the person responsible for these actions. The Director of Environmental Health and Safety will consult with the Vice President for Student Affairs and Dean of Students or designee when an event may involve students.
4. Applications to obtain a permit to serve alcoholic beverages must be obtained from the Office of Environmental Health and Safety and should be submitted at least 30 days prior to the event. A copy of the application form is attached. (See Appendix A)
5. Alcoholic beverages may be allowed in conjunction with athletic events held on University property when the VPA determines an event and its location as being appropriate for the consumption of alcohol (e.g. Bulldog Stadium and Beiden Field). Certain areas may be identified as appropriate for the consumption of but not the sale of alcoholic beverages. At any such event no alcohol shall be left unattended. University Police will confiscate any alcoholic beverage left unattended. Alcohol may not be sold by any entity except the Association through University Food Services and the Ag Foundation.
6. The selling or serving of alcoholic beverages should be limited to beer and wine.
7. Alcohol may be served and consumed in other areas of the University, (e.g., O'Neill Park, the Ag Pavilion), by specific permission of the VPA or designee. This authorization may be withdrawn at any time.
8. Alcoholic beverage advertisements in connection with large group activities (e.g. concerts, festivals, or other special events) must be specifically approved for that event and are subject to the provisions in the California State University, Fresno Policy on Sponsorship and Advertising by Alcoholic-Beverage Companies. (See Appendix B)
9. Where appropriate controls cannot be satisfactorily established, authorization shall not be given for the serving of alcohol.
10. Organizations must provide verification of insurance coverage or, if eligible, obtain liability insurance from the Office of Environmental Health and Safety for events where alcohol is served.
ALCOHOL RESTRICTIONS ON CAMPUS
1. Employees of the University may not consume alcoholic beverages while at their workstation or while on duty unless specifically authorized (e.g. an approved special event). Further, employees are not to be "Under the Influence"1 of alcohol while on duty.
  
  1 For the purpose of this policy, "Under the Influence" is defined as having a blood alcohol concentration of 0.08% or greater, the standard used to determine legal intoxication for operating a motor vehicle in California.
2. Students living on campus in the University Courtyard, who are 21 years of age or older may possess and consume alcoholic beverages in the privacy of their residence hall rooms, subject to the approval/permission of the Director of Housing. Consumption of alcoholic beverages is not allowed outside student rooms or in any public area of the residence halls. All alcohol brought onto the campus by residence hall students must be brought into the residence halls unopened and concealed from public view. Alcohol not transported in this manner shall be confiscated and disposed of by Courtyard staff. (See Appendix C)
3. Students are not to be Under the Influence of alcohol while on campus.
4. Visitors and contract workers are not to be Under the Influence of alcohol while on campus.
5. Alcohol shall not be served at any event held on University premises, unless specifically authorized by the VPA or designee.
6. The approval of the Vice President for Student Affairs and Dean of Students or designee shall be required to serve alcohol at events involving students.
7. At events where alcohol is served free of charge to invitees, attractive non-alcoholic beverages and a variety of foods, to include high protein foods (i.e., cheeses, meat) must also be readily available without charge to all participants. Such offerings shall be as prominently displayed as the alcoholic beverages.
8. At events where alcohol is sold by University Food Services, non-alcoholic beverages and a variety of foods, to include high protein foods, must be readily available for purchase by participants.
9. When events are held on University premises and alcoholic beverages are made available as part of the event, the following requirements must be met by the individuals or groups sponsoring the event:
  1. Individuals or groups sponsoring the event shall implement precautionary measures to insure that alcoholic beverages are not accessible or served to persons under age 21 or to persons who appear intoxicated.
  2. Direct access to events where alcohol is being served must be restricted to invited participants only.
  3. Unless specifically exempted, University Food Services or Ag Foundation personnel must serve alcoholic beverages. All persons employed as servers shall have completed standard server intervention training.
  4. No event shall include any form of alcoholic "drinking contest" in its activities or promotion.
  5. Student groups shall not be permitted to serve or sell alcoholic beverages from kegs, pony kegs or other large containers.
  6. The University Police Department shall establish appropriate levels of police presence for an event. Event sponsors may be required to pay for policing at campus events where alcohol is served or sold.
  7. Student organizations shall be provided with a copy of the Policy on Campus Use of Alcoholic Beverages each year. In order to obtain or renew University recognition, the organization's president and University advisor must sign an agreement indicating that the organization and its members will comply with the Policy. The Policy will apply to the organization throughout the calendar year. Organizations failing to comply with the Policy on Campus Use of Alcoholic Beverages may lose their University recognition.
  8. All marketing, advertising, and promotion of alcoholic beverages on campus must conform to the California State University, Fresno Policy on Sponsorship and Advertising by Alcoholic-Beverage Companies. (See Appendix B)
RESTRICTIONS FOR OFF CAMPUS ACTIVITIES
1. The consumption of alcohol during academic field trips, off campus student group activities, and other student-oriented off campus events is strongly discouraged. If alcohol is consumed during such activities it must be done so in strict accordance with all federal, state, local laws and regulations and the terms and restrictions outlined in university policy. As a general practice, persons under the age of 21 should not be present in places where alcohol is being consumed.
2. Students groups must also comply with pertinent local and national organization guidelines as appropriate. (See Appendices D, E, F and G)
3. University employees are strongly advised not to sponsor a university related event, such as an end of the semester gathering, at a student's home if alcohol is served. Participants must be informed that attendance at an end of semester party is not required for completion of a course.
4. When alcohol is served at an off campus event, hosting the event at a commercial establishment licensed to sell alcohol will reduce the liability to the employee and University. Employees are strongly advised not to purchase alcohol for students at a commercial establishment.
5. University employees are strongly advised not to provide alcohol for students at other off campus locations. Employees choosing to provide alcohol to students do so outside the scope of their employment and assume all risk

III. INFRACTIONS, ACCOUNTABILITY AND SANCTIONS

Infractions by Students or Student Groups
Students (or student groups) acting in violation of this alcohol policy will be referred to the Office of the Vice President for Student Affairs and Dean of Students and/or the Office of Student Activities and Leadership Development for disciplinary action.
1. All discipline involving students will be handled in accordance with the Chancellor's Executive Order No. 628, Student Disciplinary Procedures for the California State University. Copies of these procedures are available in the Office of the Vice President for Student Affairs and Dean of Students.
2. In addition, alcohol related violations of the Business and Professions Code or the Penal Code will be forwarded to the appropriate State or County judicial agency by the University Police Department.
Infractions by Employees
Employees of the University who violate this policy are subject to discipline pursuant to the University's established policies, California laws and the terms of any applicable collective bargaining agreement.
Infractions by non-University Employees and Guests
The University Police Department is responsible for handling suspected violations of this policy by invitees, contracted workers, visitors or guests on University property and at University functions.

IV. TREATMENT PROGRAMS AND SERVICES

Students in need of assistance due to alcohol related problems may be referred to alcohol education activities, counseling and/or community agencies. Such activities and assistance may be available through existing university entities such as University Health and Psychological Services or they may be offered in conjunction with community-based alcohol programs.
Employees in need of assistance due to alcohol related problems may be referred for assistance from campus services such as the Employee Assistance Program or to community agencies

V. PROCEDURES TO UPDATE OR AMEND THIS POLICY

The President may amend this policy with consultation from the Academic Senate. An ad hoc alcohol policy review committee shall be appointed to make recommendations on updates and amendments to the President. The committee shall consist of members of the campus community including faculty, staff, administration and students from appropriate constituent groups.

VI. WHERE TO OBTAIN COPIES OF THIS POLICY

A copy of this Policy is available on the Internet at the following address: http://www.csufresno.edu/studentaffairs/general/policies

Copies of the Policy are also available in the Office of the Vice President for Student Affairs and the Dean of Students, the Student Activities and Leadership Development Office, the Environmental Health and Safety Office and the Office of the General Manager of the California State University, Fresno Association, Inc.

Drug Free Schools and Community Act

Every student at California State University, Fresno needs to be aware of the requirements of the Drug Free Schools and Community Act of 1989. These requirements, found in the Fresno State Pathways to a Drug Free School statement include the notification to each student of campus standards of conduct regarding the abuse of alcohol and illicit drugs, the legal and disciplinary sanctions which apply, possible health risks, educational programs, and available counseling.

Drug-Free School Policy

Students are expected to report to class on time and in appropriate mental and physical condition for studying. It is our intent and obligation to provide a drug free, healthful, safe, and secure learning environment.

The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on the campus or while involved in university related activities off campus is absolutely prohibited and subject to sanctions noted below.

On campus use of alcohol is limited to certain approved events and locations covered by the guidelines of Fresno State's official Policy on Campus Use of Alcohol. Abuse of alcohol on campus will not be tolerated. Students needing help in dealing with such problems are encouraged to seek assistance from Health and Psychological Services.

California State University, Fresno Students must, as a condition of enrollment, abide by the terms of the Policy. Violation of the Policy may result in disciplinary action up to and including suspension or expulsion from the California State University System and referral for prosecution where laws have been broken.

The Dangers of Campus Drug Use

In spite of efforts to keep drug use at school a hidden habit, there are often VISIBLE EFFECTS ON THE USER. Campus use of the drugs specified below may result in:

Alcohol

Decreased performance and absenteeism
Poor judgment and coordination/tremors
More accidents
Drowsiness and mood swings
Lower morale and increase in conflict with others
Frequent "flu-like" symptoms

Marijuana

Disruption of space and distance judgment
Slower physical reflexes and poor coordination; dilated pupils * Forgetfulness and diminishing mental powers
Drowsiness and mood swings

Cocaine/Crack

Shortened attention span
Impairment of judgment and decision-making ability
Lack of dependability
Mood swings, euphoria, irritability, depression
Stealing to cover cost of drug
Runny nose and excessive sweating

Opiates

(Heroin, pain pills, Codeine, Darvon, Vicodin, Percodan)
Impaired judgment and lowered efficiency
Drowsiness and mood swings
Disinterest in classroom and campus safety
Crime (stealing to cover cost of drug)
Constricted pupils, impaired reflexes

Hallucinogens

(PCP, LSD, MDMA (Ecstasy), Designer Drugs)
Loss of memory and concentration
Sudden bizarre changes in behavior
Moodiness and interpersonal conflict
Pupil changes, may be dilated/constricted
Visual and auditory hallucinations

Amphetamines

(Benzedrine, Dexedrine cross tops, whites, uppers; Methamphetamines - crank, crystal)
Dilated pupils
Impaired reflexes
Hyperactivity, irritability, anxiety, depression
Increased accidents
Impaired judgement and decision making
Decreased appetite, weight loss, tremors

Sedatives

(Barbiturates; tranquilizers - Valium, Xanax; Seconal, Tuinal - reds, downers)
Slowed reflexes and lower productivity
Slowed mental processes and depression
Memory loss
Slurred speech

Penalties for Drug Use on Campus

WARNING

State and Federal penalties apply to anyone convicted of the manufacture, distribution, possession or use of controlled substances.

Misdemeanor convictions for campus drug use can result in a fine and incarceration of up to a year in a county jail. Relatively few drug-related infractions may be considered misdemeanor offenses, however. Most drug use convictions are defined as felony acts.

Felony convictions for campus drug use can result in a substantial fine and a lengthy jail sentence in state prison. Convictions for manufacture, possession for sale or use of substances such as the following examples are felony offenses: amphetamines (whites, uppers), barbiturates, codeine, cocaine/crack, heroin, L.S.D., Methamphetamines (crank, crystal), marijuana, P.C.P., and Quaaludes.

The university is required by federal law to take disciplinary action up to and including suspension or expulsion for students convicted of a campus drug offense.

Federal law specifies how and when the university will withhold financial aid from students convicted of drug violations

The bottom line? The price for drug use is high...let's keep Fresno State drug-free!!

Where to get HELP

Help is available for Fresno State Students to deal with drug problems!

FRESNO STATE students may contact Health and Psychological Services at (559) 278-2734 for confidential consultation regarding 'substance abuse' or other personal problems at no cost. A careful assessment of the situation will be made and alternatives will be offered which are both appropriate and affordable.

Community agencies are also available to address drug and alcohol problems. Most of the various local drug treatment programs offer no-cost assessment. They can be located in the Yellow Pages of the phone book under "Drug Abuse & Addiction Information & Treatment Centers" for those who prefer to seek help on their own.

Organizations such as Al-Anon, Alcoholics Anonymous, and Narcotics Anonymous are examples of general agencies that offer assessment/referral services for drug/alcohol problems.

Drug Free Schools Awareness workshops and seminars for students, sponsored by Fresno State's Health and Psychological Services, are another source of information and assistance. Watch for announcement of these programs. For personal assistance, call 278-2734 or check on the Internet at http://www.csufresno.edu/health for additional information.

"Fresno State's Pathways to a Drug-Free School" was adopted from "Pathways to a Drug-Free Workplace" with permission from the University's Employee Assistance and Development Program under the directorship of John B. Franz, Ph.D.

Posting Grades and Appealing Grades

http://www.csufresno.edu/aps/documents/apm/242.pdf

The above website lists the policy and procedural breakdown of appealing grades. This is usually handled through the Office of the Dean of Student Affairs, located upstairs in Joyal Administration, Room 262.

Sexual Harrassment

http://www.csufresno.edu/humres/MAPP/II/G/G-25.pdf

It is the policy of California State University, Fresno to maintain a working and learning environment free from sexual harassment of its students, employees and those who apply for student or employee status. Sexual harassment is a violation of the professionalism and standard of excellence of this university, in which merit achievement is the basis for employment / academic decisions. Sexual harassment includes such behaviors as sexual advance, requests for sexual favors, and other verbal or physical conduct of a sexual nature when; submission to or rejection of such conduct is used as a basis for employment / academic decisions affecting such individual; or such conduct has the purpose of effect of unreasonable interfering with an individual's performance or creating an intimidating, hostile or offensive working/ learning environment. If you feel you are being sexually harassed and don't know where to go for advice, check with the Women's Resource Center, the Health Center, the office of the Dean of Student Affairs, or the Police Department on campus. (You can also check the local links section in this booklet.)

Student Records

FERPA General Guidance for Students

http://www.ed.gov/offices/OM/fpco/ferpa/students.html

FERPA is a Federal law that applies to educational agencies and institutions that receive funding under a program administered by the U. S. Department of Education. The statute is found at 20 U.S.C. § 1232g and the Department's regulations are found at 34 CFR Part 99.

Under FERPA, schools must generally afford students who are 18 years or over, or attending a postsecondary institution:

access to their education records
an opportunity to seek to have the records amended
some control over the disclosure of information from the records.

For more information on Student rights, please refer to the above website.

Privacy Rights of Students in Education Records

The federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) and regulations adopted thereunder (34 C.F.R. 99) set out requirements designed to protect students' privacy in their records maintained by the campus.

The statute and regulations govern access to student records maintained by the campus and the release of such records. The law provides that the campus must give students access to records directly related to the student, and must also provide opportunity for a hearing to challenge such if the student claims the records are inaccurate, misleading, or otherwise inappropriate. The right to a hearing under this law does not include any right to challenge the appropriateness of a grade determined by the instructor. The law generally requires the institution to receive a student's written consent before releasing personally identifiable data about the student. The institution has adopted a set of policies and procedures governing implementation of the statute and the regulations. Copies of these policies and procedures may be obtained at the Office of the Vice President for Student Affairs and Dean of Students, the custodian of all student records maintained by the university.

Among the types of information included in the campus statement of policies and procedures:

the types of student records maintained and the information they contained,
the official responsible for maintaining each type of record,
the location of access lists indicating persons requesting or receiving information from the record,
policies for reviewing and expunging records,
student access rights to their records,
the procedures for challenging the content of student records,
the cost to be charged for reproducing copies of records,
the right of the student to file a complaint with the Department of Education.

The Department of Education has established an office and review board to investigate complaints and adjudicate violations. The designated office for this purpose is Family Policy Compliance Office, U.S. Department of Education, Washington, D.C. 20202-4605.

The campus is authorized under the Act to release public "directory information" concerning students. "Directory information" at California State University, Fresno may include the student's name, major field of study enrollment status, degrees and awards received at Fresno State, the most recent educational institution attended, participation in officially recognized University sports and student activities, and the weight and height of members of athletic teams. The above designated information is subject to release by the campus at any time unless the campus has received prior written objection from the student specifying information the student requests not be released. Written requests to restrict directory information should be sent to the Office of Admissions or notated on an Admissions Address Change Form.

The campus is authorized to provide access to student records to campus officials and employees who have legitimate educational interests in such access. These persons have responsibilities in the campus' academic, administrative or service functions and who have reason for using student records associated with their campus or other related academic responsibilities. Students' records may also be disclosed to other persons or organizations under certain conditions (e.g., as part of accreditation or program evaluation; in response to a court order or subpoena; in connection with financial aid; to other institutions to which the student is transferring).

Smoking

http://www.csufresno.edu/humres/MAPP/II/G/G-26.pdf

Chancellor's Office Executive Order 599 issued in 1993 prohibits smoking in all California State University buildings and leased spaces. An addendum was added to include any area within 5 feet of an exit or entrance to a building. (An addendum was approved by the Governor which adds Chapter 5.6 to The California Government Code, Title 2, Division 5, Part 2.6, beginning with Section 19994.30 Campus security act.) The following link will take you to the designated smoking areas on campus.

http://www.csufresno.edu/employeeassistance/smokefreecampus.htm

Code Governing Student Conduct in California State University

Sections 41301 to 41304 inclusive, in Article 1, Subchapter 3, Chapter 5, Title 5 of the California Code Regulations govern the conduct of students of The California State University. Following is a presentation of these code sections:

41301. Standards for Student Conduct The University is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community must choose behaviors that contribute toward this end. Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences.

Student Responsibilities Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.
Unacceptable Student Behaviors The following behavior is subject to disciplinary sanctions:
1. Dishonesty, including:
  1. Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
  2. Furnishing false information to a University official, faculty member, or campus office.
  3. Forgery, alteration, or misuse of a University document, key, or identification instrument.
  4. Misrepresenting oneself to be an authorized agent of the University or one of its auxiliaries.
2. Unauthorized entry into, presence in, use of, or misuse of University property.
3. Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.
4. Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community.
5. Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus University related activity.
6. Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community.
7. Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
8. Hazing, or conspiracy to haze, as defined in Education Code Sections 32050 and 32051: "Hazing" includes any method of initiation or pre-initiation into a student organization, or any pastime or amusement engaged in with respect to such an organization which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm, to any student or other person attending any school, community college, college, university or other educational institution in this state; but the term "hazing" does not include customary athletic events or other similar contests or competitions.
  
  A group of students acting together may be considered a 'student organization' for purposes of this section whether or not they are officially recognized. Neither the express or implied consent of a victim of hazing, nor the lack of active participation while hazing is going on is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
9. Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia, (except as expressly permitted by law and University regulations) or the misuse of legal pharmaceutical drugs.
10. Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication while on campus or at a University related activity.
11. Theft of property or services from the University community, or misappropriation of University resources.
12. Unauthorized destruction, or damage to University property or other property in the University community.
13. Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University related activity.
14. Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
15. Misuse of computer facilities or resources, including:
  1. Unauthorized entry into a file, for any purpose.
  2. Unauthorized transfer of a file.
  3. Use of another's identification or password.
  4. Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University Community.
  5. Use of computing facilities and resources to send obscene or intimidating and abusive messages.
  6. Use of computing facilities and resources to interfere with normal University operations.
  7. Use of computing facilities and resources in violation of copyright laws.
  8. Violation of a campus computer use policy.
16. Violation of any published University policy, rule, regulation or presidential order.
17. Failure to comply with directions of, or interference with, any University official or any public safety officer while acting in the performance of his/her duties.
18. Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well-being of members of the University community, to property within the University community or poses a significant threat of disruption or interference with University operations.
19. Violation of the Student Conduct Procedures, including:
  1. 1. Falsification, distortion, or misrepresentation of information related to a student discipline matter.
  2. 2. Disruption or interference with the orderly progress of a student discipline proceeding.
  3. 3. Initiation of a student discipline proceeding in bad faith.
  4. 4. Attempting to discourage another from participating in the student discipline matter.
  5. 5. Attempting to influence the impartiality of any participant in a student discipline matter.
  6. 6. Verbal or physical harassment or intimidation of any participant in a student discipline matter.
  7. 7. Failure to comply with the sanction(s) imposed under a student discipline proceeding.
20. Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.
Procedures for Enforcing this Code The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the University imposes any sanction for a violation of the Student Conduct Code. Application of this Code

Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.

41302. Disposition of Fees: Campus Emergency; Interim Suspension.--The President of the campus may place on probation, suspend, or expel a student for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such student for the semester, quarter or summer session in which he or she is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which he or she is suspended, no additional tuition or fees shall be required of the student on account of the suspension.

During periods of campus emergency, as determined by the President of the individual campus, the President may, after consultation with the Chancellor, place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities.

The President may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension shall be given prompt notice of charges and the opportunity for a hearing within 10 days of the imposition of interim suspension. During the period of interim suspension, the student shall not, without prior written permission of the President or designated representative, enter any campus of The California State University other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion.

41303. Conduct by Applicants for Admission.--Notwithstanding any provision in this Chapter 1 to the contrary, admission or readmission may be qualified or denied to any person who, while not enrolled as a student, commits acts which, were he enrolled as a student, would be the basis for disciplinary proceedings pursuant to Section 41301 or 41302. Admission or readmission may be qualified or denied to any person who, while a student, commits acts which are subject to disciplinary action pursuant to Section 41301 or 41302. Qualified admission or denial of admission in such cases shall be determined under procedures adopted pursuant to Section 41304.

41304. Student Disciplinary Procedures for The California State University.--The Chancellor shall prescribe, and may from time to time revise a code of student disciplinary procedures for The California State University. Subject to other applicable law, this code shall provide for determinations of fact and sanctions to be applied for conduct which is a ground of discipline under Section 41301 or 41302, and for qualified admission or denial of admission under Section 41303; the authority of the campus President in such matters; conduct related determinations on financial aid eligibility and termination; alternative kinds of proceedings, including proceedings conducted by a Hearing Officer; time limitations; notice; conduct of hearings, including provisions governing evidence, a record, a review; and such other related matters as may be appropriate. The Chancellor shall report to the Board his actions taken under this section.

Disciplinary Procedures for The California State University

ARTICLE I: AUTHORITY AND PURPOSE

These procedures are established pursuant to Section 41304 of Title 5 of the California Code of Regulations. They govern determinations under Article 2, Subchapter 4, Chapter 1, Division 5 of that Code and other state and federal laws which require institutional hearings.

ARTICLE II: DEFINITIONS

The term "campus" means a campus of the California State University.
The term "campus official" includes any person employed by a campus, performing assigned administrative or professional responsibilities.
The term "Coordinator of University Student Discipline" means a campus official or officials assigned by the President to be in charge of the administration of these procedures and to perform the duties prescribed in these procedures.
The term "hearing officer" means a person or persons appointed by the President to determine whether a student has violated the Student Code and to recommend imposition of sanctions.
The term "may" is used in the permissive sense.
The term "President" refers to the chief executive officer of a campus or that person's designee.
The term "shall" is used in the mandatory sense.
The term "student" means any person taking courses at a campus, both full~ime and part time, including summer session, special session and Extended Education.
The term "Student Code" is defined as the causes for discipline listed in Section 41301 of Title 5 of the California Code of Regulations.
The term "working day" shall mean any day during the academic year, summer session and special session other than a Saturday, Sunday, academic holiday of a campus as that term is used in Section 42800 of Title 5 of the California Code of Regulations.

ARTICLE III: DUTIES OF PRESIDENT

Use of Attorneys
The President shall determine whether attorneys may be used in any or all parts of these proceedings. The inclusion or exclusion of attorneys from any or all parts of these 'proceedings shall apply equally to the campus and the student charged. Exclusion of attorneys or all pads of these proceedings does not prohibit the campus or the student charged from consulting an attorney, nor does it prohibit the hearing officer from being an attorney.
Assign Coordinator of University Student Discipline
The President shall assign a campus official or officials to be the Coordinator of University Student Discipline.
Appoint Hearing Officers
The President shall appoint one or more persons to seine as Hearings Of ricers. Hearing Officers may be campus officials, attorneys who are admitted to practice law in California or administrative law judges from the Office of Administrative Hearings. Subordinates of the Coordinator of University Student Discipline and any person who is a percipient witness of the events giving rise to a particular case are ineligible to serve as a Hearing Officer on that case.
Final Decision
The President shall have the responsibility of making the final decision regarding disciplinary action after reviewing a Hearing Off~cer's written report
Notification of Decision
The President shall cause notice of his or her decision to be sent to the student charged as provided in Section 6.b. of Article IX.
Delegation of Duties
The duties of the President may be delegated to individual designees who are campus of finals.

ARTICLE IV: DUTIES OF COORDINATOR OF UNIVERSITY STUDENT DISCIPLINE

Appointment
The Coordinator of University Student Discipline shall serve at the pleasure of the President.
Decision to Initiate Disciplinary Action
The Coordinator of University Student Discipline shall make the decision as to whether disciplinary action shall be taken.
Scheduling of Hearings
The Coordinator of University Student Discipline shall make the physical and scheduling arrangements for hearings held under these procedures.
Campus Representative
The Coordinator of University Student Discipline shall represent the campus in all hearings.
Notification to Victims of Sexual Assault or Physical Abuse
The Coordinator of University Student Discipline shall notify alleged victims of sexual assault or physical abuse of the results of any disciplinary action taken within three (3) working days following that disciplinary action. (Education Code Section 67143)
Notification to Victims of Crime of Violence
The Coordinator of University Student Discipline may notify alleged victims of a crime of violence of the results of any disciplinary action taken. The term "crime of violence" means (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. (Section 1232g (b)(6) of Title 20 of the United States Code)

ARTICLE XI: PROCEEDINGS

Investigation
1. A complaint alleging that a student has violated the Student Code shall be directed to the Coordinator of University Student Discipline. Any complaint should be submitted as soon as possible after the event takes place.
2. A complaint is not necessary for the Coordinator to determine that charges should be initiated.
3. The Coordinator shall investigate each complaint filed and determine whether or not charges should be brought.
2. Conference
Except when the student refuses to cooperate, the Coordinator shall hold a conference with the student to obtain his or her response to the alleged misconduct and to determine whether the allegations of misconduct have merit and if they may be disposed of informally by mutual consent of the student charged and the Coordinator. The student may have another person present to observe and consult with. If the campus has elected to exclude attorneys from this part of the proceedings, the Coordinator holding the conference shall not be an attorney. In addition to the sanctions listed in Article VI, an agreement reached during this conference may include voluntary actions by the student charged including' but not limited to work assignments, service to a campus, obtaining psychological counseling or compensation for loss, damage or injury.
Notice of Hearing
1. If the allegations of misconduct have not been resolved by conference as provided in Section 2 of this Article and the Coordinator of University Student Discipline determines that formal disciplinary action should be taken, the Coordinator of University Student Discipline shall initiate the disciplinary action process by a written Notice of Hearing served in person or served by certified mail return receipt requested to the student charged at the last known address on campus records.
2. The Notice of Hearing shall include the following:
  1. A statement of the specific subdivisions of the Student Code which the student is being charged with violating.
  2. A factual description of the conduct upon which the charges are based.
  3. A recommended sanction and notification that the hearing officer is not bound by the recommended sanction and may impose a more severe sanction than recommended by the campus.
  4. The date, time and place of the hearing.
  5. The office at the campus where additional information regarding the evidence may be obtained.
  6. Notification that the student may be accompanied at the hearing by an advisor of his or her choice, who may act on his or her behalf. Such notification must state whether the advisor may be an attorney. If the student's advisor may be an attorney, notification that the student must inform the Coordinator of University Student Discipline of the name and address of the student's attorney at least five (5) days prior to the hearing.
  7. Notification that the student charged may elect to waive his or her right to hearing by accepting the recommended sanction.
  8. Such information as notice of an immediate suspension and/or withdrawal of consent to remain on campus where such action is appropriate.
  9. A copy of these procedures or notification of where the student may obtain a copy without charge. If consent to remain on campus has been withdrawn from the student at the time the Notice of Hearing is sent, a copy of these procedures shall be enclosed with the notice.
3. The Notice of Hearing shall be served on the student at least ten (10) working days prior to the hearing. If all parties agree, the ten day period may be waived.
4. The charges stated in the Notice of Hearing may be amended at any time. If the amendment would require the student to prepare a defense which is different from that required by the prior Notice of Hearing, any hearing which has been scheduled shall upon request be postponed for a reasonable time. If the charges are amended after a hearing has commenced, the Hearing Officer may postpone the hearing for a reasonable period of time.
Hearing
1. All hearings held under these procedures shall be conducted according to the following:
  1. Hearings shall be closed to all persons other than the person conducting the hearing, the student charged, the Coordinator of University Student Discipline, a single advisor for the student charged, a single advisor for the Coordinator of University Student Discipline, the person designated to record the hearing and witnesses while they are testifying.
  2. The student may be accompanied by one advisor of his or her choice, who may act on his or her behalf. If the campus has elected to exclude attorneys from this part of the proceedings, the advisor may not be an attorney.
  3. The Coordinator of University Student Discipline representing the campus may be accompanied by one advisor of his or her choice. If the campus has elected to exclude attorneys from this part of the proceedings, neither the Coordinator representing the campus at the hearing or the Coordinator's advisor may not be an attorney.
  4. The campus and the student charged shall have the opportunity of presenting witnesses, subject to the right of cross examination as well as questioning by the Hearing Officer. If the student charged elects to testify, he or she shall be subject to cross examination and questioning by the Hearing Officer.
  5. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. No evidence other than that received at the hearing shall be considered by the Hearing Officer.
  6. The Hearing Officer make all rulings on matters relating to the conduct of the hearing, including matters regarding admission of evidence. Any evidence deemed relevant by the Hearing Officer shall be admitted. Unduly repetitious evidence shall be excluded.
  7. A tape recording shall be kept of the hearing. The student charged may, at his or her own expense, request a copy of such recording. No tape recording by the student charged or other persons at the hearing shall be permitted. However, the student charged may, at his or her own expense, furnish a certified court reporter provided that the campus shall be permitted to make copies of the transcript at its own expense.
  8. The student charged shall not be found to have violated the Student Code solely because he or she fails to appear at the hearing. If the student charged does not appear, the hearing shall proceed without him or her and a decision shall be rendered on the evidence presented.
  9. Arguments by the student charged or his or her advisor concerning the legal (as distinguished from factual) applicability, or legal validity of any provision with which the student is charged, or of these procedures shall not be addressed to the Hearing Officer, but to the President in writing within three (3) working days following the conclusion of the hearing. The President shall seek advice on the matter from the Office of General Counsel. Such advice shall be considered by the President before a final decision is rendered..

ARTICLE XI: PROCEEDINGS

Investigation
1. A complaint alleging that a student has violated the Student Code shall be directed to the Coordinator of University Student Discipline. Any complaint should be submitted as soon as possible after the event takes place.
2. A complaint is not necessary for the Coordinator to determine that charges should be initiated.
3. The Coordinator shall investigate each complaint filed and determine whether or not charges should be brought.
Conference
Except when the student refuses to cooperate, the Coordinator shall hold a conference with the student to obtain his or her response to the alleged misconduct and to determine whether the allegations of misconduct have merit and if they may be disposed of informally by mutual consent of the student charged and the Coordinator. The student may have another person present to observe and consult with. If the campus has elected to exclude attorneys from this part of the proceedings, the Coordinator holding the conference shall not be an attorney. In addition to the sanctions listed in Article VI, an agreement reached during this conference may include voluntary actions by the student charged including' but not limited to work assignments, service to a campus, obtaining psychological counseling or compensation for loss, damage or injury.
Notice of Hearing
1. If the allegations of misconduct have not been resolved by conference as provided in Section 2 of this Article and the Coordinator of University Student Discipline determines that formal disciplinary action should be taken, the Coordinator of University Student Discipline shall initiate the disciplinary action process by a written Notice of Hearing served in person or served by certified mail return receipt requested to the student charged at the last known address on campus records.
2. The Notice of Hearing shall include the following:
  1. A statement of the specific subdivisions of the Student Code which the student is being charged with violating.
  2. A factual description of the conduct upon which the charges are based.
  3. A recommended sanction and notification that the hearing officer is not bound by the recommended sanction and may impose a more severe sanction than recommended by the campus.
  4. The date, time and place of the hearing.
  5. The office at the campus where additional information regarding the evidence may be obtained.
  6. Notification that the student may be accompanied at the hearing by an advisor of his or her choice, who may act on his or her behalf. Such notification must state whether the advisor may be an attorney. If the student's advisor may be an attorney, notification that the student must inform the Coordinator of University Student Discipline of the name and address of the student's attorney at least five (5) days prior to the hearing.
  7. Notification that the student charged may elect to waive his or her right to hearing by accepting the recommended sanction.
  8. Such information as notice of an immediate suspension and/or withdrawal of consent to remain on campus where such action is appropriate.
  9. A copy of these procedures or notification of where the student may obtain a copy without charge. If consent to remain on campus has been withdrawn from the student at the time the Notice of Hearing is sent, a copy of these procedures shall be enclosed with the notice.
3. The Notice of Hearing shall be served on the student at least ten (10) working days prior to the hearing. If all parties agree, the ten day period may be waived.
4. The charges stated in the Notice of Hearing may be amended at any time. If the amendment would require the student to prepare a defense which is different from that required by the prior Notice of Hearing, any hearing which has been scheduled shall upon request be postponed for a reasonable time. If the charges are amended after a hearing has commenced, the Hearing Officer may postpone the hearing for a reasonable period of time.
Hearing
1. All hearings held under these procedures shall be conducted according to the following:
  1. Hearings shall be closed to all persons other than the person conducting the hearing, the student charged, the Coordinator of University Student Discipline, a single advisor for the student charged, a single advisor for the Coordinator of University Student Discipline, the person designated to record the hearing and witnesses while they are testifying.
  2. The student may be accompanied by one advisor of his or her choice, who may act on his or her behalf. If the campus has elected to exclude attorneys from this part of the proceedings, the advisor may not be an attorney.
  3. The Coordinator of University Student Discipline representing the campus may be accompanied by one advisor of his or her choice. If the campus has elected to exclude attorneys from this part of the proceedings, neither the Coordinator representing the campus at the hearing or the Coordinator's advisor may not be an attorney.
  4. The campus and the student charged shall have the opportunity of presenting witnesses, subject to the right of cross examination as well as questioning by the Hearing Officer. If the student charged elects to testify, he or she shall be subject to cross examination and questioning by the Hearing Officer.
  5. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. No evidence other than that received at the hearing shall be considered by the Hearing Officer.
  6. The Hearing Officer make all rulings on matters relating to the conduct of the hearing, including matters regarding admission of evidence. Any evidence deemed relevant by the Hearing Officer shall be admitted. Unduly repetitious evidence shall be excluded.
  7. A tape recording shall be kept of the hearing. The student charged may, at his or her own expense, request a copy of such recording. No tape recording by the student charged or other persons at the hearing shall be permitted. However, the student charged may, at his or her own expense, furnish a certified court reporter provided that the campus shall be permitted to make copies of the transcript at its own expense.
  8. The student charged shall not be found to have violated the Student Code solely because he or she fails to appear at the hearing. If the student charged does not appear, the hearing shall proceed without him or her and a decision shall be rendered on the evidence presented.
  9. Arguments by the student charged or his or her advisor concerning the legal (as distinguished from factual) applicability, or legal validity of any provision with which the student is charged, or of these procedures shall not be addressed to the Hearing Officer, but to the President in writing within three (3) working days following the conclusion of the hearing. The President shall seek advice on the matter from the Office of General Counsel. Such advice shall be considered by the President before a final decision is rendered.
  10. Where the person testifying is an alleged victim of sexual or physical assault which is the basis for the disciplinary action, that person may be accompanied at the hearing by another person. The other person is not permitted to speak or to participate directly in the hearing. Cross examination of the alleged victim shall be limited to the alleged incident leading to the charge and the events surrounding the charge.
  11. The Hearing Officer is responsible for maintaining order, and may establish such rules as are necessary or appropriate to conducting a fair hearing. The Hearing Officer shall not permit any person to be subjected to abusive treatment. The Hearing Officer may eject or exclude anyone who refuses to be orderly.
2. Where more than one student is charged with conduct arising out of a single occurrence or out of connected multiple occurrences, if the Coordinator of University Student Discipline and the students charged consent, a single hearing may be held for all of the students so charged. Students may request that their case be consolidated with others, or separated from others. The Coordinator of University Student Discipline shall make determinations regarding consolidation. All such determinations shall be subject to revision by the Hearing Officer. In the event of such revision, all cases affected shall be rescheduled for hearing. The separation of one or more cases from a group of cases previously set for a consolidated hearing shall not be considered to affect the remaining cases in the group.
3. At any time during the hearing process, the student charged may elect to waive the hearing and accept a sanction recommended by the Coordinator of University Student Discipline. The waiver and acceptance of the recommended sanction shall be in writing.
Recommendation of the Hearing Officer
1. After the hearing, the Hearing Officer shall make findings of fact and conclusions about whether the facts demonstrate a violation of the Student Code with which the student is charged. The Hearing Officer's determination shall be made on the basis of whether it is more likely than not that the student charged violated the Student Code (i.e., by a preponderance of the evidence).
2. After having made its determination, the Hearing Officer shall submit a written report to the President which includes a determination as to whether the student charged violated the Student Code and the Hearing Officer's recommended sanction, if any. The Hearing Officer's report shall be submitted to the President within ten (10) working days of the conclusion of the hearing.
Presidential Action
1. After reviewing the Hearing Officer's report, the President shall make the final decision regarding disciplinary action. The President may impose the sanction recommended, adopt a lesser sanction, refer the matter back to the Hearing Officer for further findings on specified issues or after reviewing the entire record may adopt a more severe sanction. If the President decides to adopt a more severe sanction, the President shall articulate the reasons for the more severe sanction in his or her decision. The President normally shall render a decision within five (5) working days of receipt of the Hearing Officer's report.
2. The President shall cause notification of his or her decision to be delivered to the student charged. The notification shall be delivered in person or sent by certified mail return receipt requested to the student charged. Notices addressed to the student at the last known address on campus records and deposited in the United States mail, postage prepaid, shall be presumed to have been received by the student. The report of the Hearing Officer shall be made available to the student charged upon request.

Disruptive Classroom Behavior

PROLOGUE

STUDENT RIGHTS AND RESPONSIBILITIES. At California State University, Fresno, students enjoy the rights and privileges of adults in our society. Nevertheless, as in society at large, rights and freedoms are supported by a framework of responsible conduct, without which the rights and freedoms of all may suffer. Thus, the exercise of student rights and privileges entails the use of responsible judgment, conformity to the law, and respect for the rights, interests, and values of others.

ACADEMIC FREEDOM. Students and faculty must be free to pursue truth as well as personal and intellectual development. A necessary condition for such pursuit is an acceptance of the spirit of inquiry and an appreciation for diverse ideas, viewpoints, cultures, and life-styles. This condition must exist in both the classroom and the overall campus environment.

While the University gives great weight to the responsibility of preserving academic freedom, it does so within the context of respect for law and the reasoned consideration of others. Academic freedom and freedom of speech are intended to protect the expression and exploration of ideas; they do not protect conduct that is unlawful, disruptive of the classroom environment, or disruptive of the University itself.

CLASSROOM CONDUCT. The classroom is a special environment in which students and faculty come together to promote learning and growth. It is essential to this learning environment that respect for the rights of others seeking to learn, respect for the professionalism of the instructor, and the general goals of academic freedom are maintained. All members of the academic community should demonstrate respect for the classroom environment. Differences of viewpoint or concerns should be expressed in terms which are supportive of the learning process, creating an environment in which students and faculty may learn to reason with clarity and compassion, to share of themselves without losing their identities, and to develop an understanding of the community in which they live.

Faculty have a responsibility in the classroom to respect student diversity and diversity of viewpoint, but they also have the primary responsibility to maintain the orderliness and integrity of the learning environment. Students have the right to express ideas unpopular with the class or contrary to those of the instructor. However, students also have a responsibility to respect the learning environment and the integrity of others in the classroom setting. Student conduct which disrupts the learning process shall not be tolerated and may lead to disciplinary action and/or removal from class.

PROCEDURES

Faculty have both a professional responsibility and the legal authority to maintain order in the instructional setting. The instructor shall determine the time and manner in which a student may ask questions or express ideas or points of view in the instructional setting.
Student behavior disruptive of the instructional setting shall not be tolerated. Disruptive conduct includes speech and behavior that are clearly disrespectful of either the instructor or other students. Such conduct includes, but is not limited to, physically or verbally abusive conduct, interruptions, failure to adhere to the instructor's rules or instructions, vulgar or obscene language, slurs and other forms of intimidation.
Faculty are responsible for informing the department chair and School Dean about any incident of disruptive classroom behavior. Faculty are strongly advised to keep records of dates, times, names of all those present, and details of disruptive incidents.
If, in the judgment of the instructor, the student conduct is seriously disruptive of the instructional setting, the instructor should immediately inform the Vice President and Dean of Student Affairs and file a Disruptive Classroom Incident Report. (Report forms are available from Offices of School Deans and the Student Affairs Office.) After discussion with the faculty member, the Vice President and Dean of Student Affairs shall investigate and determine whether or not to initiate formal disciplinary action under Executive Order 628.
Faculty may direct a student who is being disruptive to leave the class. If the student refuses to leave after being requested to do so, the instructor may summon University Police to remove the student.
Removal of a student from class, either voluntarily or involuntarily, is a serious step and not one to be taken lightly. Any time a student is removed from class, either voluntarily or involuntarily, the instructor should (1) inform the Vice President and Dean of Student Affairs and (2) file a Disruptive Classroom Incident Report. The student shall be permitted to return to the class unless the Vice President and Dean of Student Affairs determines otherwise after discussing the matter with the faculty member. As appropriate, the Vice President and Dean of Student Affairs may (1) require the student to provide oral or written assurance that there will be no further disruptive behavior as a condition for the student to return to class; (2) initiate formal disciplinary action pursuant to Executive Order 628; or (3) order immediate suspension of the student pursuant to Executive Order 628 (see H below).
The Vice President and Dean of Student Affairs shall keep the instructor and student informed of the status of the disciplinary proceedings, especially with regard to the student's attendance at further class sessions.
Pursuant to Executive Order 628, the President may order the "immediate suspension" of any student for the interim period pending a hearing whenever it is determined that such action is "required in order to protect lives or property and to ensure the maintenance of order." If, in the instructor's judgment, immediate suspension is warranted or necessary, he/she shall contact the Vice President and Dean of Student Affairs immediately. A student so suspended must be provided an opportunity for a speedy hearing pursuant to Executive Order 628 with respect to the immediate suspension.
For further information consult especially the California Code of Regulations (Title 5) Sections 41301-41304, the California Education Code Section 66017, and CSU Executive Order 628.

For purposes of this policy, "instructional setting," class, or classroom means any laboratory, field, or other environment in which a faculty member is instructing or guiding students in a class scheduled or offered under the auspices of the University.

Cheating and Plagiarism

PREAMBLE

PHILOSOPHY: Honesty and integrity are two of the most important values of the University in its pursuit and dissemination of truth and knowledge. Faculty and students share the responsibility for maintaining the probity of the educational experience and preserving high standards of excellence. Academic dishonesty--cheating and plagiarism-is unacceptable behavior morally, ethically and legally; and it cannot be justified or tolerated. To do otherwise undermines the ideals and purposes of higher education and severs the bonds of respect and trust between teacher, student and society. Cheating and plagiarism compromise the process of fair and equitable evaluation of all students' academic performance and erode the quality and value of degrees conferred by the University. Students engaging in-such practices are denying themselves the benefit of an instructor's accurate assessment and feedback, thereby hindering their academic and personal development. Moreover, intellectual dishonesty reinforces the false idea that success in life, personally and professionally, can come to those who deviate horn community norms and who lack the requisite expertise in their chosen careers.

RESPONSIBILITY: Although faculty set the standards for moral and academic excellence in teaching and reaming, such standards cannot be attained without full cooperation and support of students. Therefore, each student is expected to accept her/his responsibility to maintain honesty and integrity in all endeavors inside and outside of the classroom, studio, or laboratory. Faculty must encourage this by: establishing an atmosphere of mutual respect in their classrooms; stating her/his own standards and expectations for academic performance; structuring reaming situations that encourage honesty and deter cheating and plagiarism; presenting the University's policy on cheating and plagiarism and the penalties for violations thereof; and holding accountable those who infringe on this policy.

The policies herein on cheating and plagiarism and the accompanying due process procedures are designed to accomplish the above stated objectives, while protecting the rights of the accused. This policy, along with the related procedures, should be followed scrupulously.

INTRODUCTION

Adjudicating cases of cheating and plagiarism involves at least two aspects of the student's status within the University. The first directly affects the student's academic status in the University. The second may involve disciplinary action, which also may jeopardize the student's ability to remain enrolled in the University. When an instructor believes a student is cheating and/or plagiarizing, he/she must still preserve the student's right to due process and confidentiality in handling the situation according to this policy on cheating and plagiarism and the California State University System's Policy on Student Disciplinary Action.

STUDENT'S ACADEMIC STATUS/STANDING
1. Academic Work and Grading
  Faculty expect students to maintain honesty and integrity in their academic performance. On the other hand, students expect faculty to maintain integrity and fair play in the performance of their teaching and grading responsibilities. Students are expected to be familiar with University policies on cheating and plagiarism which can be found in the University's General Catalog and Schedule of Courses. Instructors shall include a statement in their syllabus on intellectual honesty and integrity as it relates to the University's policies on cheating and plagiarism.
  
  Since proven cheating/plagiarism can result in severe penalties and consequences, students are expected to clarify with their instructors whether or not certain actions would or would not be acceptable behavior in taking examinations, writing papers, doing homework, and performing other activities pertaining to any given class and/or laboratory. If a student observes one or more students cheating and/or plagiarizing, it would be proper for the student to confront those students directly and/or to notify the instructor so that the instructor could take appropriate action.
2. Definitions
  1. Cheating
    Cheating is the actual or attempted practice of fraudulent or deceptive acts for the purpose of improving one's grade or obtaining course credit; such acts also include assisting another student to do so. Typically, such acts occur in relation to examinations. However, it is the intent of this definition that the term "cheating" not be limited to examination situations only, but that it include any and all actions by a student that are intended to gain an unearned academic advantage by fraudulent or deceptive means. This would include forging official forms (e.g., grade sheets) and documents (e.g., transcripts). [See Appendix A: Examples of Cheating.3
  2. Plagiarism
    Plagiarism is a specific form of cheating which consists of the misuse of the published and/or unpublished works of others by misrepresenting the material (i.e., their intellectual property) so used as one's own work. [See Appendix B: Examples of Plagiarism.]
3. Procedures
  When a faculty member responsible for a course has reason to believe that an action of a student falls within one or both of the above definitions, one of the following options shall be exercised.
  1. Informal Option
    1. Faculty-Student Conference
      The instructor may choose to handle the alleged instance of cheating or plagiarism directly with the student. First, the instructor shall present the student with the charge and the evidence. If the student admits to the wrongdoing, the next step is for the instructor to propose a penalty (i.e., usually involving a grade; but also retaking a test or rewriting a paper are possibilities).
    2. Grading
      The instructor has the prerogative of assigning a grade of "0" or "F" for the test/paper and an OF for the entire course. If the student accepts the penalty, the conference is considered completed to the satisfaction of both parties. In the event that no mutually agreeable settlement is reached between the parties regarding admission of guilt and acceptance of the proposed penalty, the formal option described in section 2 below under procedures shall be followed. The instructor must inform the student that he/she should remain in the course -- completing all assignments and taking all tests to accommodate the student's option to appeal the instructor's grade.
    3. Cheating/Plagiarism Report
      The instructor shall submit a "Cheating/Plagiarism Report" to the Dean of Student Affairs describing the incident within a month of the date when the mutually agreeable settlement was reached. The report will be placed in a confidential file in accordance with the federal Family Rights and Privacy Act of 1974 and California's Education Code, Section 67100 et. seq. Upon graduation, the report shall be removed from the file and destroyed. In this report, the instructor has the option of recommending disciplinary action. [See attachment.]
  2. Formal Option
    The faculty member immediately concerned will consult with the Department Chair as soon as possible, but normally no later than one week after the alleged incident occurred and/or was discovered, describing the nature of the incident and presenting supporting evidence. The chair will conduct an investigation; and on the basis of the evidence and as a result of consultation with the faculty member, the incident will then be categorized as cheating" or as "plagiarism."
    1. Notification of Hearing
      The Department Chair will forward a written statement of the allegation to the student as soon as possible, together with a brief description of the supporting evidence, and a statement of the student's right to a meeting and to present evidence in his or her own behalf. The student must be informed of where and when the supporting evidence of academic dishonesty is available for review and be notified of his/her right to bring an advisor to the meeting. The student must be given sufficient time to prepare a defense.
    2. Official Hearing
      The Department Chair* will schedule a hearing as soon as possible -normally, this should be no later than two weeks after the alleged incident occurred and/or was discovered. Those present at the hearing will include the faculty member and the student charged. Also, a faculty/staff member or student of the student's choice may attend to act as an advisor. There is no provision for legal counsel to represent either party; attorneys may not participate in academic and non-academic student disciplinary proceedings. In a case where two or more students are involved, the Chair will schedule a group hearing unless one or more students request separate hearings or the Chair believes separate hearings would be necessary or appropriate. The Department Chair will conduct the hearing and has the authority to negotiate a settlement between or among the principals, if agreeable to all parties. (For example, a different test might be constructed and administered, an essay might be rewritten, or a disinterested third party might be asked to grade the test/paper.) It should be remembered that the burden of responsibility is upon the instructor to provide evidence during the meeting that the student did cheat or plagiarize.
      
      * If the instructor alleging cheating/plagiarism is also the Department Chair or another administrator, the School Dean or the Dean's designee will schedule and conduct this meeting.
    3. Grading
      If, as a result of the hearing, it is clear to the Department Chair that the faculty member provided a preponderance of evidence and the student's response is insufficient to offset the charge of "cheating" or "plagiarism" to the extent that he or she may be excused, the student will be informed in writing of academic sanctions to be imposed. The instructor has the prerogative to assign a grade of "0" or "F" for the test/paper and "F" for the entire course. If the student does not acknowledge guilt, or acknowledges guilt but is not willing to accept the penalty, the student has the right to appeal the decision to the Student Academic Petitions Committee in accordance with the Policy and Procedures for Reviewing and Appealing an Assigned Grade. If a failing grade for the entire course is assigned, the instructor must inform the student that he/she should remain in the course -completing all assignments, and taking all tests to accommodate the student's option to appeal the instructor's grade and to allow for the time required by the appeal process to render a final decision. On the other hand, if the evidence does not support the charge, the Chair will so notify the student in writing and will request the instructor to record the appropriate grade. If the faculty member disagrees with the Chair's decision, the faculty member may appeal the decision to the Student Academic Petitions Committee. If the alleged cheating and/or plagiarism occurred at the end of the semester, the faculty member shall submit a grade of "I., rather than an "F" or other letter grade, which will stand until the allegation has been resolved by due process as described above and in accordance with the Policy and Procedures for Reviewing and Appealing an Assigned Grade.
    4. Cheating/Plagiarism Report
      The instructor shall submit a "Cheating/Plagiarism Report" to the Dean of Student Affairs describing the incident within a month of the date when settlement action was reached. The report shall be placed in a confidential file in accordance with the federal Family Rights and Privacy Act of 1974 and California's Education Code, Section 67100 et. seq. Upon graduation, the report will be removed from the file and destroyed. In this report, the instructor has the option of recommending disciplinary action. [See attachment.]
4. Protection of Rights
  Nothing in this policy statement is intended to deny students who come within its scope full access to due process, including the right to be infommed of the charges against him or her, to be informed of the nature of the evidence supporting such charges, to have a meeting at which time statements and evidence in his or her own behalf may be submitted and to appeal any decision resulting from such meeting through appropriate university channels.
  
  The student has the right to appeal the faculty members grade or other action and Department Chair's decision to uphold the grade or other action to the Student Academic Petitions Committee. A copy of the Policy & Procedures for Reviewing and Appealing An Assigned Grade may be obtained from the Office of Advising Services. In addition, the Policy is located in the Academic Policy Manual, Item 207, in each academic department office and in the Library.
STUDENT DISCIPLINARY ACTION
In addition to academic sanctions, faculty may also recommend students who are found guilty of cheating and/or plagiarism to be subject to disciplinary action by the Dean of Student Affairs pursuant to Section 41301 of Title 5; Executive Order No. 628.

Following procedures consonant with due process, disciplinary action taken by the Dean of Student Affairs may include, but is not limited to, the following: written reprimand, probation, suspension, or expulsion. These disciplinary sanctions may be taken upon receipt of the "Cheating/Plagiarism Report" filed by the instructor as called for under Section I Subpart C "Procedures" within one month of the hearing conducted by the Department Chair.

Appendix A: Examples of Cheating

The following examples of cheating are intended to be representative, but not all inclusive
1. Seeking Unfair Advantage for Oneself
  1. Examination/Tests
    - Looking at another student's test during an exam period.
    - Copying from another student's test paper.
    - Employing signals to obtain answers from others.
    - Stealing or arranging for the theft of an exam.
    - Knowingly reviewing an unauthorized copy of an exam.
    - Using lecture notes or textbooks during an exam when prohibited.
    - Possessing crib notes at the location and during the time of the exam.
    - Having someone else take an exam in your place.
    - Feigning illness or telling falsehoods to avoid taking an exam at the scheduled time.
    - Claiming falsely that you took an examination at the scheduled time.
    - Storing and/or accessing course subject matter in a calculator or computer that can be used during an exam period without instructor authorization.
    - Utilizing a calculator and/or other reaming aids not expressly allowed by the instructor.
    - Obtaining assistance in answering questions on a take-home exam, when-such action is specifically prohibited. Attempting to bias an instructor's grading after an exam. Using bribery or threats to obtain an undeserved grade. Changing an answer on a graded test and claiming the student's response to the question was incorrectly marked wrong.
  2. Papers/Reports
    - Copying the work of other students in whole or in part and submitting it as your own.
    - Submitting a report purchased from a commercial service selling research/term papers.
    - Hiring a ghost writer to compose a paper for you.
    - Claiming an assigned share of a team report, toward which insufficient or no contribution was made.
    - Lying about the reason for not submitting a report on time.
    - Pretending to have submitted a paper to an instructor.
    - Stealing another students report and submitting it as one's own work.
    - Submitting the same term paper to two or more different instructors for credit in their courses, without their prior permission.
  3. Laboratory/Homework
    - Inventing, falsifying, or altering data for a research survey or laboratory experiment.
    - Turning in a lab report for an experiment or exercise not done by you.
    - Depending upon others to complete laboratory assignments or homework when instructions call for independent work.
    - Sabotaging someone else's laboratory work or other exercise.
2. Giving Unfair Advantage to Others
  1. Examination/Tests
    - Allowing another student to copy from your test paper.
    - Employing signals to indicate answers on an exam to others.
    - Taking an exam in place of someone else.
    - Sharing test questions with students in another section of the course.
    - Giving your returned exam to another student preparing to take a makeup test.
    - Transmitting electronically to another student information stored in a calculator or computer during an exam period.
    - Helping others answer questions on take-home exams, when such assistance is specifically prohibited.
  2. Papers/Reports
    - Permitting another student to copy your work.
    - Writing a paper for another student.
    - Providing substantial research assistance to another student for writing a report.
  3. Laboratory/Homework
    - Assisting others on laboratory assignments or homework, when the instructions called for independent work.
    - Allowing the copying of the write-up of your laboratory work or homework by others.
Appendix B: Examples of Plagiarism

The following examples of Plagiarism are intended to be representative but not all inclusive:
- Failing to give credit via footnotes for ideas and concepts, data and information, statements and phrases, and/or interpretations and conclusions derived by another.
- Failing to use quotation marks when quoting directly from another, whether it be a paragraph, a sentence, or a part thereof.
- Minimally paraphrasing the expressions of thought by others without appropriate quotation marks or attribution.
- Assembling parts from various works and submitting the synthesis or single paper as your own creation.
- Including references in the Bibliography that were not examined by the student.
- Including bogus references in the bibliography.
- Falsely citing bibliographic references in footnotes.

Primary Navigation Menu

Secondary Navigation Menu

Policies

General Policies

Judicial Affairs

Alcoholic Beverages Policy

Drug Free Schools and Community Act

Drug-Free School Policy

The Dangers of Campus Drug Use

Penalties for Drug Use on Campus

Posting Grades and Appealing Grades

http://www.csufresno.edu/aps/documents/apm/242.pdf

Sexual Harrassment

http://www.csufresno.edu/humres/MAPP/II/G/G-25.pdf

Student Records

FERPA General Guidance for Students

http://www.ed.gov/offices/OM/fpco/ferpa/students.html

Privacy Rights of Students in Education Records

Smoking

http://www.csufresno.edu/humres/MAPP/II/G/G-26.pdf

Code Governing Student Conduct in California State University

Disciplinary Procedures for The California State University

ARTICLE I: AUTHORITY AND PURPOSE

ARTICLE II: DEFINITIONS

ARTICLE III: DUTIES OF PRESIDENT

ARTICLE IV: DUTIES OF COORDINATOR OF UNIVERSITY STUDENT DISCIPLINE

ARTICLE XI: PROCEEDINGS

ARTICLE XI: PROCEEDINGS

Disruptive Classroom Behavior

PROLOGUE

PROCEDURES

Cheating and Plagiarism

PREAMBLE

INTRODUCTION