CG.02.07
October 1, 2002
To: Robert Fossum, Chair, Senate Executive Committee
From: Nicholas Burbules, Chair, CCG
This proposed revision to the Code of Policies and Regulations Applying to All Students from the Conference on Conduct Governance (CCG) involves changes to Rules 11, 12, and 14, all pertaining to student conduct. The changes are almost entirely organizational or clarificatory and I do not see any controversies involved with them.
11. Bases for Discipline at Urbana-Champaign--All Students
A. By authority of the Board of Trustees, the Urbana-Champaign Senate Committee on Student Discipline is responsible for the administration of student discipline for acts involving the violation of campus or University regulations. These regulations are formulated by a variety of sources, including, but not limited to, the Conference on Conduct Governance, the senate, the chancellor, the president, and the Board of Trustees.
B. It is in the best interest of the University of Illinois and all persons who are students or who may desire to become students at the Urbana-Champaign campus that the bases for discipline at this campus be clearly defined. The University discipline system recognizes that not all violations of local, state, and federal law affect the interests of the University community, and the discipline system accepts jurisdiction only in those instances in which the University community's interest is substantially affected. On the other hand, the University may take disciplinary action for incidents that violate the University’s rules of conduct even though such conduct is not prosecuted in the courts. All members of the University community are expected to observe high standards of integrity and ethical behavior. The University discipline system may only take action upon the following:
1. Students Currently Enrolled
a. All actions that occur on University premises or property and that result in the are violations of local, state, or federal law or Board of Trustees' action or any University rule of conduct and that occur on University premises or property.
b. All actions that violate any of the laws or regulations cited in section B.1.a above and that substantially affect the University community's interest, even though such actions do not occur on University premises or property.
c. All cases referred to the discipline system following summary interim suspension by the Chancellor.
d. Academic violations.
e. Appeals and referrals from student judiciaries arising from violations of regulations.
f. Violations of University vehicle or bicycle regulations.
2. Student Organizations
The actions of a student organization in University-approved activities or University-sponsored activities that are in violation of University regulations for organizations may result in disciplinary action against that organization.
3. Applicants for Admission
The University reserves the right to deny admission to any person because of previous misconduct that may substantially affect the interest of the University, or to admit such a person on an appropriate disciplinary status. The admission of such a person will not be approved or denied until the case has been heard by the appropriate disciplinary committee. (This applies to a person not now enrolled in the University who might apply for admission, or to a person who has preenrolled whether or not the applicant has paid a deposit.) A favorable action of the appropriate
4. Withholding Authority to Students Wishing to Register
The University reserves the right to withhold authority to register to any student or former student because of previous misconduct that may substantially affect the interests of the University or to assign appropriate disciplinary status to the student or former student. Permission to register will not be approved or denied until the case has been heard by the appropriate disciplinary committee.
C. Students admitted to or enrolled in the Graduate College or any of the professional schools or colleges are subject to the any additional conduct regulations of those units. Regulations will be available in printed form to those students.
D. The Senate Committee on Student Discipline has the right to withhold privileges of the academic community, including the conferral of the degree itself, at any point prior to the conferral of the degree. In instances in which dismissal is a possibility for disciplinary infractions, the conferral of the degree is withheld until the disciplinary action has been resolved.
E. Rules of Conduct Applicable to All Students
Students enrolling in the University of Illinois assume an obligation to conduct themselves in a manner compatible with the University's function as an educational institution and suitable to members of the academic community. Conduct for which students are subject to discipline includes, but is not limited to, the following:
1. Physical abuse, intimidation, harassment, coercion, and/or other conduct that threatens or endangers the health or safety of any person, or creates in such person a reasonable fear that such a result will occur. Conduct that threatens or endangers the health or safety of any person, or creates in such person a reasonable fear that such a result will occur, including but not limited to:
a. Physical abuse.
b. Intimidation, harassment, or coercion.
c. Reckless disregard for the health or safety of any person
2. Sexual misconduct: any sexual activity that does not involve the knowing consent of each individual, expressed verbally or otherwise; this behavior includes but is not limited to:
a. Any form of sexual penetration when the victim does not give or is unable to give knowing consent.
b. Any intentional or knowing touching or fondling by either person, directly or through clothing, of the sex organs, buttocks, or breasts of either person for the purpose of sexual gratification or arousal of either person in which the victim does not give or is unable to give consent.
c. Any force, restraint, home invasion, or illegal trespass, actual or threatened, with sexual intent; indecent exposure; sexual harassment; or use of mail, telephone, or other message communication systems to send obscene or intimidating materials that are unwelcome to the recipient.
3. Hazing, defined as an act that endangers the mental or physical health or safety of any person, or that defaces, destroys, or removes public or private property for the purpose of initiation into, admission into, affiliation with, or as a condition for continued membership in a group or organization.
4. The use of force or violence, actual or threatened, to willfully deny, impede, obstruct, impair, or interfere with any of the following:
a. The freedom of movement of any person, including entering or leaving property or facilities. member or guest of the University on property or facilities owned or controlled by the University.
b. The use of the property or facilities owned or controlled by the University.
c. Entering or leaving property or facilities owned or controlled by the University.
dc The performance of institutional duties by a member of the University.
5. The use of force or violence, actual or threatened, to knowingly occupy or remain in or at any property or facility owned or controlled by the University after receiving due notice to depart.
6. Any conduct that substantially threatens or interferes with the maintenance of appropriate order and discipline in the operation of the University. Without excluding other situations, examples include shouting, noise making, obstruction, and other disruptive actions designed or intended to interfere with or prevent meetings, assemblies, classes, or other scheduled or routine University operations or activities.
7. Inciting, or aiding, or encouraging others to engage in a disruptive or coercive action.
8. Failure to comply with directions of a member or agent of the University acting in the performance of her or his duty in connection with a potential or actual disorder.
9. Failure to comply with the directions of a University or other law enforcement official acting in the performance of her or his duty.
910. Participation in a disruptive or coercive demonstration. A demonstration is disruptive or coercive if it substantially impedes University operations, substantially interferes with the rights of others, or takes place on premises or at times where students are not authorized to be. There is no requirement that University authorities order students to cease participation in a disruptive or coercive demonstration.
1011. Theft of, defacement of, unauthorized use of, or damage to property or facilities owned or controlled by the University or by a member or guest of the University.
12. Possession of stolen property.
1113. Unauthorized possession, duplication, or use of keys to any University premises, or unauthorized entry to or use of University premises.
14. Unauthorized entry to or use of University premises.
1215. Abuse of computers, including, but not limited to:
a. Unauthorized entry into a file for any purpose.
b. Unauthorized transfer of a file.
c. Unauthorized use of another individual's identification, account, or password.
d. Use of computing facilities knowingly to disrupt the work of another student, faculty member, or University official person.
e. Use of computing facilities to send obscene or intimidating messages that are unwelcome to the recipient.
f. Use of computing facilities knowingly to disrupt normal operation of the University computing system.
1316. Abuse of the University disciplinary system including, but not limited to:
a. Failure to obey the directive of a disciplinary body or University officials in performance of their duties.
b. Knowing falsification, distortion, or misrepresentation of information before a disciplinary body.
c. Deliberate disruption or interference with the orderly conduct of a disciplinary proceeding.
d. Knowingly initiating a disciplinary proceeding without cause.
e. Use of threats, coercion, or intimidation to discourage an individual's proper participation in, or use of, the disciplinary system.
f. Attempting to influence the impartiality of a member of a disciplinary body prior to, or during the course of, the disciplinary proceeding.
g. Harassment or intimidation of any participant in the disciplinary system.
h. Failure to comply with the sanction(s) imposed under the Code.
i. Inciting or attempting to incite another person to commit an abuse of the disciplinary system.
1417. Violation of published University policies, rules, or regulations.
12. Dismissed or Suspended Students--All Students
Students dismissed or suspended from the University for disciplinary reasons may be excluded from University classes, activities, facilities, buildings, and/or premises by the appropriate disciplinary authority. The same exclusions may be applied by the chancellor in exercising the power to suspend students.
14. Falsification of Documents--All Students
A. Any student who, for purposes of fraud or misrepresentation, falsifies, forges, defaces, alters, or mutilates in any manner any official University document or representation thereof may be subject to discipline. Some examples of official documents covered by this regulation include are identification cards, program requests, change slips, receipts, transcripts of credits, library documents, petitions for reclassification of residency status, etc.
Approved by SCSD 04-15-02
Approved by CCG 09-24-02
Referred to Senate Executive Committee 10-01-02