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1.1 STUDENT RULES AND REGULATIONS.
University of Iowa students are responsible for knowing and abiding by the rules and regulations set forth in the current version of the Policies and Regulations Affecting Students available from the Office the Vice President for Student Services and Dean of Students. Students should also be aware of the Board of Regents Uniform Rules of Personal Conduct in the Iowa Administrative Code [681]9.1(262).
The Operations Manual frequently references the Code of Student Life and the Judicial Procedure, and therefore both have been reproduced below.
Note: The Code of Student Life is amended from time to time. For the most current versions of the Code of Student Life and the Judicial Procedure, contact the Office of the Vice President for Student Services and Dean of Students for a copy of Policies and Regulations Affecting Students.
Introduction. Academic institutions exist for the advancement of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of the academic community, students are encouraged to develop a capacity for critical judgment and to engage in a sustained and independent search for truth. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students are expected to exercise their freedom to learn with responsibility and to respect the general conditions conducive to such freedom. Accordingly, the University has developed the following general regulations pertaining to student conduct which provide and safeguard the right of every individual student to exercise fully freedom to learn without undue interference by others.
The Code of Student Life is applicable whether or not the University is in session and pertains to all persons registered for a University of Iowa course, all persons admitted to any academic program, and all persons attending a University-sponsored program. In addition, conduct violative of the Code of Student Life and engaged in prior to admission or after withdrawal from the University may be taken into account in the admissions decision and may be grounds for filing disciplinary charges after admission or acceptance into a program. For purposes of the conduct regulations and judicial procedures, a student is any person fitting one or more of these descriptions.
It is the duty and responsibility of all students to acquaint themselves with all provisions of the code and particularly with the rules and regulations pertaining to personal conduct, and every student will be conclusively presumed to have knowledge of all rules and regulations contained in the code from the date of his or her initial registration at the University. The code may be amended at any time by authority of the President of the University. Amendments are effective upon approval of the president and publication in the Code of Student Life, provided that if the President deems an amendment of immediate importance, it shall be effective from and after publication in The Daily Iowan, which will be conclusively presumed as adequate notice to all students. A full and complete text of the code and other general University rules and regulations of personal conduct currently in effect, including all amendments, shall be on file in the Office of the Vice President for Student Services and Dean of Students at all times and shall be available for inspection by students. The Vice President for Student Services and Dean of Students shall be responsible for making available to students copies of all amendments deemed of immediate importance and for distributing copies of such amendments to all housing units, affected student organizations, and otherwise, as the Vice President for Student Services and Dean of Students deems appropriate, provided that failure to make such distribution shall not affect the effectiveness of such amendments.
General Conduct Regulations. Any student who commits any of the following acts of misconduct shall be subject to disciplinary action by the University. These regulations shall apply only where a student's misconduct has adversely affected some University process or function or some other distinct and clear interest of the University as an academic community. As used in these procedures, "willful" and "intentional" conduct includes conduct which the student knew or reasonably should have known could lead to the results listed below. These regulations shall be construed so as not to abridge any student's constitutional rights of free expression of thought or opinion, free association, peaceable assembly, or the petition of authorities. In interpreting these regulations, administrative hearing officers may take notice of appropriate reference books, such as standard English dictionaries. Hearing officers may also refer to the Code of Iowa but are not bound by the strict definitions of criminal law.
(2) Willful misrepresentation of any material fact to any member of the faculty or staff of the University or to any office, department, or committee thereof, or willful misrepresentation to anyone, within or without the University community, of his or her status or academic performance with the University or of the support, sponsorship, or approval by the University of the services or activities of any person, group, or organization.
(3) Willful failure to comply with a proper order or summons of any member of the faculty or other University official, properly identified - by stating his or her name and title if requested by a student - and acting within the scope of his or her authority, or willful failure of a student to identify himself or herself by stating his or her name to such faculty member or official. If a student involved in a University-related dispute with a student, faculty, or staff member negotiates an agreement with a University official, acting within the scope of his or her authority, or agrees to mediate or arbitrate the dispute, and subsequently violates one or more terms of the agreement or outcome, he or she is considered to be in violation of Section 3.
(4) Forgery, alteration, or misuse of any University record, form, document, or of any student identification card.
(5) (a) Intentionally disrupting the orderly processes of the University; or (b) intentionally obstructing or denying access to services or facilities by those entitled to use such services or facilities; or (c) intentionally interfering with the lawful rights of other persons on the campus; or (d) inciting others to do acts proscribed by paragraphs (a), (b), or (c) of this section.
(6) Willful demonstrations within the interior of any University building or structure, except as specifically authorized and subject to reasonable conditions imposed to protect the rights and safety of other persons and to prevent damage to property.
(7) Unauthorized entry into or occupation of any University room, building, or area of the campus, including such entry or occupation at any unauthorized time, or any unauthorized or improper use of any University property, equipment, or facilities.
(8) Intentional setting of fires in any University building or on the campus without proper authority, or intentional sounding of a false fire alarm or improper use of fire prevention equipment in any University building or on the campus.
(9) Misuse or misappropriation of University property or private property on campus or off-campus in connection with University activities, including but not limited to theft or attempted theft, burglary, willful possession of stolen property, and willful destruction, damage, defacement, or mutilation of property belonging to or in the custody of the University or another member of the University community.
(10) Assaulting, threatening, physically abusing, unduly harassing, or endangering in any other manner the health or safety of 1) a University student, staff, or faculty member if such conduct relates to the official business of the University, or 2) any person on the campus or at any University-sponsored or supervised function or event. For purposes of this sub-section, campus includes private property owned or controlled by a student organization which is officially recognized by The University of Iowa, and University events include activities conducted on private property that are sponsored by a student organization officially recognized by The University of Iowa.
(11) Use or possession of serviceable firearms, ammunition, explosives, fireworks, or other dangerous articles on campus or within any University building on the campus, or at any University-sponsored or supervised function or event, except in authorized facilities.
(12) Possession or consumption of an alcoholic beverage on campus, within any University building, or at any University-sponsored or -supervised function or event off-campus, except as permitted under the Policy Regarding the Use of Illegal Drugs and Alcohol, Code of Student Life, the Residence Hall Guidebook, or as authorized by other University regulations.
(13) Use or possession of any narcotic drug, marijuana, or any other addictive, dangerous, or controlled substance on campus. Students found in violation of this section will, under ordinary circumstances, be required to complete a substance abuse evaluation and attend any educational or counseling sessions recommended as a result of the evaluation.
(14) Sale, manufacture, distribution, or administration of any drug described in Section 12 or 13 on campus, or criminal conviction of an illicit drug trafficking offense on campus or off campus. This includes but is not limited to local, state, and federal laws which prohibit the distribution of, manufacture of, or possession with intent to distribute a controlled substance, such as marijuana, or counterfeit controlled substance.
(15) (a) Intentionally disrupting access of other students, faculty, or staff members to University computer resources; or (b) intentionally obtaining the password of a computer account assigned to another person without authorization or attempting to do so, or any other unauthorized attempt to gain access to a computer account assigned to another person; or (c) knowingly using an account belonging to another University student, faculty, staff member, or academic department for other than its intended purpose without permission from the owner, or using an inactive account; or (d) using University computer equipment to interfere with the lawful rights of others by such activities as falsifying or altering records or documents, creating false or fraudulent documents, damaging programs belonging to another, sending harassing or threatening material, accessing confidential information without proper authorization, or duplicating copyrighted software unlawfully; or (e) assisting another person to do any act proscribed under this section.
(16) Violation of any other rule, regulation, or policy which may be promulgated by the president of the University or an authorized representative, by any college, department, residence hall, office, or other facility within the scope of its authority, or by the State Board of Regents, provided such rules, regulations, or policies were published, posted, or otherwise adequately publicized or the student had actual knowledge thereof. Included among "such rules, regulations, or policies" are the University Policy on Human Rights, the Policy on Sexual Harassment and Consensual Relationships, the Policy on Violence, the Alcohol and Drug Policy, Safe Saturday guidelines, Motor Pool regulations, employment work rules, the Policy Concerning Use of the Pentacrest and Kautz Plaza, and all provisions contained in the University residence halls contracts which pertain to personal conduct, including the Residence Hall Guidebook.
(17) Any conduct or action in which the University can demonstrate a clear and distinct interest as an academic institution and which seriously threatens: 1) any educational process or other legitimate function of the University; or 2) the health or safety of any member of the academic community. For complaints involving sexual misconduct or violence, the scope of the University's interest is defined in the respective policy governing the conduct (the Policy on Sexual Harassment and Consensual Relationships or the Policy on Violence). Student misconduct as defined in sections 1-16 which occurs on property governed by the State of Iowa Board of Regents is considered within the scope of this regulation. This includes the campuses of Iowa State University and the University of Northern Iowa. Misconduct committed on college campuses not governed by the State Board of Regents may also violate this regulation.
(Editor's note: The Judicial Procedure contains twelve subsections. Subsections 1, 2, 5, and 9 are printed below. For sub-sections 3 (Investigation), 4 (Charge Procedure), 6 (Hearing), 7 (Appeal by Accused), 8 (Appeal by Charging Party), 10 (Interim Sanctions), 11 (Records), and 12 (Concurrent Criminal Charges), refer to Section II.B of Policies and Regulations Affecting Students, which is available in the Office of the Dean of Student. The Judicial Procedure is amended from time to time.)
(2) Complaint Procedure. Any person may bring a complaint against a student under these procedures based on an alleged violation of the Code of Student Life (see extent of jurisdiction in introduction). All such complaints shall be made to the Office of the Vice President for Student Services and Dean of Students. The Vice President for Student Services and Dean of Students shall designate a person to investigate and review the complaint and determine whether formal charges should be brought against the accused student (refer to subsection 3). The investigation may be delayed in the event that concurrent criminal charges are pending against the accused student (refer to 12). Depending upon the outcome of the investigation, complaints may be resolved in one of three ways: 1) informal agreement between the accused student and the investigator; 2) formal charges brought against the accused student at an administrative hearing; or 3) dismissal of complaint.
(5) Rights at and Before Hearing. The student charged is granted by the Judicial Procedure the following rights at a hearing: 1) to present his or her side of the story; 2) to present witnesses and evidence on his or her behalf; 3) to cross-examine witnesses presenting evidence against the student as long as the questions are relevant, material, and not unduly repetitive; and 4) to be represented by an adviser at the student's expense (if any expense is entailed). Prior to the hearing, the student has a right to examine his or her disciplinary file in the Office of the Vice President for Student Services and Dean of Students. The student also has a right to know, upon request, which written documents or other physical evidence in the disciplinary file the University representative plans to present at the hearing. To examine the disciplinary file or learn what documents will be presented at the hearing, the student must make the request at least 2 University business days before the hearing is scheduled to take place.
The complainant has the following privileges at a formal hearing: 1) to testify on the issues raised by the complaint; 2) to be accompanied by a person who may advise him or her of the hearing process; 3) to remain in the hearing room following his or her testimony until all evidence has been presented; and 4) to be informed of the outcome of the hearing as permitted under federal laws governing confidential student record information.
(9) Sanctions. The Vice President has the authority to impose any one or a combination of the following disciplinary sanctions if the student is found guilty by a hearing officer. The sanctions imposed will be those specified by the Vice President in the Notice of Hearing. The following are to serve as guidelines rather than as a definitive list of sanctions.
(b) Disciplinary Probation: When on disciplinary probation a student is not considered to be in good standing with respect to the non-academic disciplinary system and any further violations may lead to suspension or expulsion from the University.
(c) Restitution: A student may be assessed reasonable expenses related to the misconduct. This may include, but is not limited to, the repair/replacement cost for any damage he or she causes to property or medical or counseling expenses incurred by the victim.
(d) Educational Sanction: A student may be required to provide a specific service or participate in a specific program, receive specific instruction, or complete a research assignment. The student is responsible for related expenses, including expenses for education, counseling, or treatment, if any expense is entailed.
(e) Exclusion from University Facilities or Activities: A student may be prohibited from attending a class, undertaking University employment, entering a building, participating in an extra-curricular activity sponsored by the University, representing the University in an official capacity, or using other services provided by the University. Such exclusion may be for a definite or indefinite period of time.
(f) Disciplinary Suspension: A student may be involuntarily separated from the University for a stated period of time after which readmission is possible. A student with one or more violations may be suspended from the University for an indefinite period of time. A student suspended indefinitely may petition to the Vice President for Student Services and Dean of Students for reinstatement.
(g) Expulsion: When a student has a record of serious violations, he or she may be dismissed from the University permanently.
(h) Residence Halls Suspension: A student may be involuntarily separated from the residence halls indefinitely or for a stated period of time after which readmission is possible. Unless specifically permitted to do so by the Vice President for Student Services and Dean of Students, a student suspended from the residence halls is ineligible to use residence hall services, including board plans, and may not enter the residence halls.
When a student fails to respect the general conditions conducive to learning in violation of the Code of Student Life, the University's response will be corrective rather than punitive in order to ensure that the student may learn to exercise his or her freedom responsibly. In furtherance of the University's educational mission, corrective action requires that the offending student be held accountable and receive a second opportunity to demonstrate good character after a single minor violation. In those egregious cases where the demonstrated misbehavior is subversive to the learning process and cannot be tolerated, an individual may be separated from the University.
Taking responsibility for one's misconduct goes beyond acknowledging the wrongful conduct and entails the formal ratification of disciplinary measures that anticipate the possibility of additional misconduct. In assigning sanctions consistent with the Code's educational purpose, the principle of progressive discipline is paramount. Thus, increasingly harsh sanctions will be applied for additional violations regardless of whether the misconduct is similar in nature. Furthermore, counseling sanctions (e.g., drug education and community service) are not intended to serve as a substitute for status sanctions (i.e., warning, probation, and suspension).
For example, a student found guilty of a second offense after being placed on one-semester probation for the first violation can expect suspension or at least an extension of the probation, in addition to any counseling sanction.
Ordinarily, students found guilty of aggravated assault, threats with a weapon, sexual abuse, or selling illegal drugs are suspended or expelled from the University even if there are no prior sanctions on the student's record. Students guilty of offenses warranting probation may also forfeit their residential privileges. The following violations ordinarily result in a residence hall suspension regardless of the student's prior record: possession of illegal drugs, possession of a beer keg, false fire alarm, possession of a gun or other dangerous weapon, or an open flame violation. This list of offenses is not intended to be complete; other conduct not listed above may also warrant suspension from the University or from the residence halls.
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1.3 PHOTOGRAPHS FOR PUBLICATION.
Photographs, film, or video tapes for publication for commercial purposes may only be made of University programs, events, or activities in University buildings upon the invitation of or approval of the immediate supervisor of the program, event, or activity. If a decision to grant or deny invitation or approval is challenged, an appeal may be made to the vice president within whose responsibility the program, event, or activity is assigned.
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(IAC [ 681]12.7(4).)