Student Code of Conduct

Campus Safety

In compliance with the Student Right to Know and Campus Security Act of 1990, also known as the Clery Act, campus safety information, including prevention, statistics, and resources, is updated and provided on an annual basis at uafs.edu/upd/cleryact

Definitions

All of the terms of this Student Code of Conduct have their common dictionary meaning unless otherwise specified. The following terms, however, should be interpreted to have the specific meanings listed below. Any question of interpretation will be determined at the sole discretion of the Dean of Students or designee.

“Academic Dishonesty” means an action that violates a rule regarding academic work required to obtain an academic degree or certificate.¹ Examples include, but are not limited to, using unauthorized materials, information, or study aids using artificial-intelligence programs in a manner that is inconsistent with University policy, a course syllabus, or an instructor’s directives; cheating; plagiarism; forgery; falsification of information; receiving unauthorized assistance on coursework; providing false information to receive an extension to complete work; any violation of a campus, departmental, program, or faculty rules relating to an academic matter that may lead to an unfair academic advantage; or complicity with another individual who has engaged in an act of academic dishonesty.

“Administrative File” means all documents and evidence in the University’s possession or control that are relevant to an alleged violation of the Code and the University’s investigation into the alleged violation. ²

a. The Administrative File does not include privileged documents, internal communications, or communications from non-parties that the University does not intend to introduce as evidence at a disciplinary proceeding.³

b. The Administrative File includes, without limitation, the following:⁴

i. Exculpatory evidence;

ii. Statements by an accuser or an accused Student or a Student organization;

iii. Third-Party witness statements;

iv. Electronically stored information;

v. Written communications;

vi. Social media posts;

vii. Demonstrative evidence;

viii. Documents submitted by any participant involved in disciplinary proceedings; and

ix. The University’s choice of a video recording, an audio recording, or a transcript of any disciplinary Hearing ultimately held on the matter.

^{1 The term “academic dishonesty” is used, but not defined, in Ark. Code Ann. § 6-60-1403(4)(B).
The statutory scheme also distinguishes between “academic” and “nonacademic” rules
without any definitions. FIRE’s model code of conduct uses the terms “academic rules”
and “rules regarding academic dishonesty” synonymously.}

^{2 Ark. Code Ann. § 6-60-1404(b)(1)}

^{3 Ark. Code Ann. § 6-60-1404(b)(3)}

^{4 Ark. Code Ann. § 6-60-1404(b)(2)}

“Antisemitism” means the same as defined by the International Holocaust Remembrance Alliance in its working definition of antisemitism, including its contemporary examples, as it was adopted on May 26, 2016. Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities. Criticisms of Israel similar to those leveled against any other country cannot be regarded as antisemitic.

“Campus” means all land, buildings, facilities, and other real property owned by or leased to the University.

“Campus Community” means all persons affiliated with the University, including Students, faculty, administrators, staff, and volunteers.

“Chancellor” means the chief executive officer of the University.
“Code” means this Student Code of Conduct.
“Complainant” means any member of the Campus Community who alleges that a Respondent violated the Code.
“Complaint” means an oral or written request for the University to initiate its procedures to address alleged violations of this Code.⁵
“Day” means a calendar day, unless otherwise specified. A “business day” excludes weekends, holidays, and other days when the Campus is closed.
“Free Speech Rights” means the expressive rights protected by the First Amendment to the U.S. Constitution, Section 2; Section 6 of the Arkansas Constitution; or an applicable statute.
“Hearing” means the forum in which the Respondent is given an opportunity to be heard, following adequate notice, and which results in a decision concerning responsibility and sanctions.
“Hearing Officer” means a single, impartial individual who conducts a Hearing, decides whether a Respondent is responsible for violating the Code, and imposes sanctions.
“Hearing Panel” means an impartial body of at least three members convened for the purpose of conducting a Hearing, deciding whether a Respondent is responsible for violating the Code, and imposing sanctions. A Hearing Panel’s determination of responsibility shall be made by majority vote.
“Parties” means the Complainant(s) and Respondent(s) in a case under the Code. The Complainant and Respondent shall have similar rights regarding the right to be present and participate in disciplinary proceedings, representation by an advisor (when applicable), access to the Administrative File, and the right to appeal.⁶
“Relevant” means related to the allegations of a violation of this Code that are subject to an investigation. Questions are relevant when they seek evidence that may aid in showing whether the violation occurred, and evidence is relevant when it may aid a decision-maker in determining whether the alleged violation occurred.
“Remedies” means measures provided, as appropriate, to a Complainant or any other person the University identifies as having had equal access to the University’s program or activity limited or denied by a violation of this Code. The measures are provided to restore or preserve that person’s access to the University’s education program or activity after the University determines that a violation occurred.
“Respondent” means the Student or Student organization accused of violating the Code. When a Complaint alleges that the University’s policy or practice discriminates on an unlawful basis, the University is not considered a Respondent.
“Responsible Student” means a Respondent determined to have violated this Code.
“Retaliation” means intimidation, threats, coercion, or discrimination against any person by a Student, employee, person authorized by the University to provide aid, benefit, or service under the University’s program or activity, or the University for the purpose of interfering with any right or privilege secured by this Code or a state or federal law, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing, including an informal resolution process, grievance procedures, and in any other appropriate steps taken by a University in response to an allegation of a violation of this Code.
“Sanction” means a consequence or action that is imposed on a Respondent following a determination that the Respondent violated the Code. Sanctions are not designed to be punitive; rather, they are intended to be educational measures that hold Students accountable for their behavior and protect the Campus Community. Sanctions can range from a verbal warning to expulsion or suspension.
“Student” means a person who has gained admission to the University.
“Student Conduct Administrator” means a University employee who is responsible for the implementation of this Code.
“Student Organization” means any number of persons who have, as a group, engaged in a particular activity and have complied with the formal requirements for official University recognition.
“University Official” means any non-Student member of the University administration.
“University-Sponsored Activity” means any activity on University premises or at an off-campus location that is initiated or supervised by the University. This definition includes fraternity and sorority organizations, club events, study abroad experiences, sporting events, and riding in University-operated or contracted vehicles-even if such things occur somewhere other than university premises.

^{5 Id.}

^{6 Ark. Code Ann. § 6-60-1404(c)(1)(I)}

Interpretive Principles

The Board of Trustees of the University of Arkansas has designated the Chancellor as the chief executive of the University. The Chancellor is responsible for ensuring that the University applies this Code in an impartial and consistent manner. Student Conduct Administrators are responsible for overseeing the disciplinary proceedings and imposing sanctions for violations of the Code.
Nothing in this Code shall be interpreted to abridge the constitutional or statutory rights of any person. To the extent that a provision in this Code is inconsistent with a constitutional or statutory provision, the legal provision will control.
This Code and related policies and procedures are not intended to create contractual rights, property rights, or liberty interests.

Applicability of the Student Code of Conduct

Students must follow the Code during the time they are enrolled in the University. The Code shall apply to a Student’s conduct while enrolled in the University, even if the Student withdraws while a disciplinary matter is pending.
The Code shall apply to the following:

a. Conduct that occurs on Campus;

b. Conduct that occurs at a University-Sponsored Activity;

c. Conduct that occurs off-campus when the University exercises substantial control over both the location and the Respondent (including any building owned or controlled by a Student organization that is officially recognized by the University); or

d. The conduct adversely affects the Campus Community or the pursuit of the University’s objectives; and

e. Conduct that constitutes Academic Dishonesty, regardless of location, even if the Academic Dishonesty is not discovered until after a degree is awarded.

If necessary to protect the rights and safety of the Campus Community, the University may suspend any Student charged with a felony in any jurisdiction until the charges are dropped, the case is dismissed, or a judgment of conviction or acquittal is secured. The University must provide an administrative Hearing under Section 11 before taking this action, where the issue to be decided is the existence and nature of the charges.
If necessary to protect the rights and safety of the campus community, the University may expel any Student who has been convicted of a felony while enrolled. If the Student’s conviction is overturned on appeal, the University shall allow the Student to re-enroll. The University must provide an administrative Hearing under Section 11 before taking this action, where the issue to be decided is the existence and nature of the conviction.
The University may discipline Students for the violation of any law involving drugs or alcohol on its property or as part of its activities. A Student who tests positive for a controlled substance while representing the University may be subject to disciplinary action under this Code.
A student-athlete who violates team rules may be subjected to disciplinary action in accordance with the policies and procedures of the team and the Department of Athletics. The procedures set forth in this Code, however, will be utilized prior to the imposition of a sanction of expulsion or suspension from the University.
The University’s separate Title IX grievance procedures shall apply to alleged conduct that constitutes Sex-based Harassment (including sexual assault) and that falls within the scope of the University’s Title IX jurisdiction.

Application of the Code to Student Organizations

Student organizations and their officers and members, in their capacity as such, are subject to sanctions only upon a showing of actual participation in, or actual authorization or ratification of, a violation of the Code. In making this determination, the University shall consider whether the organization’s members were acting in accord with its practices and policies, or with the knowledge or approval of a substantial number of its members or leadership.