II. University Disciplinary Authority
Under authority granted by Article 6, Sections 31 and 31a of the Constitution of the State of Oklahoma and Title 70, 1991 Oklahoma Statues, Sections 3412(a), (o), Oklahoma State University is granted full authority to distribute policies and procedures governing the conduct of its students.
By enrolling at Oklahoma State University, students accept responsibility for compliance with all University policies and contracts. Disciplinary action may also be taken for any violation of local ordinances, state or federal law, on or off campus that adversely affects the University community or the pursuit of the University's lawful educational mission, process or function. The University reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community. Examples of off-campus behavior which may be subject to university disciplinary action include but are not limited to: selling or otherwise providing alcohol to underage students, selling or distributing illicit drugs, sexual violence, hazing, actions which result in the serious injury or death of another person(s), or repeated alcohol or drug offenses that jeopardize the individual's or community's educational opportunities. Sanctions for these violations will generally result in suspension or expulsion from the University. Students shall have the right of due process and appeal as prescribed in this document and other relevant University policies, rules or regulations. Students may be subject to civil and/or criminal penalties in addition to campus sanctions. Campus resolution may proceed before, during or after civil and/or criminal actions are concluded and is not subject to challenge based on the action or inaction of civil authorities.
A. Interpretation
Any question of interpretation regarding the Code of Conduct shall be determined at the sole discretion of the Vice President for Student Affairs or his/her designee for final determination.
B. Statement of Non-Discrimination
Oklahoma State University is committed to equitable treatment in providing its services and applying its policies to all members of the University community. This commitment is based on our dedication to educational justice and the promise of each individual, as well as adherence to federal and state laws and the policies of our governing board. To reaffirm the policies and practices applicable at Oklahoma State University, all should know that OSU will not tolerate arbitrary and/or unreasonable discriminatory acts and procedures. Any member of the University community who believes s/he has been arbitrarily and/or unreasonably denied services and/or access to programs or activities through the University for which they are eligible may file an appeal under current applicable grievance procedures. Grievance procedures for faculty, staff and students are available through the offices of the Provost and Senior Vice President for Academic Affairs, Human Resources Office, and Student Judicial Affairs or the Vice President for Student Affairs, respectively.
C. Interim Suspension
Interim Suspension is an immediate suspension from the University upon written notice from the Vice President for Student Affairs. Interim suspension is imposed without an informal or formal hearing, pending further disciplinary proceedings. The Vice President for Student Affairs will base his/her decision on whether the allegation of misconduct is apparently reliable and severe that the continued presence of the student on the University campus could reasonably pose a threat to the physical well-being of any member of the campus community or for reasons relating to the safety of any University property or any University function. Interim suspension usually includes physical exclusion from the campus.
A student suspended on an interim basis will be given a prompt opportunity to appear before the Vice President for Student Affairs or designee within three (3) days following the interim suspension. In cases involving incarceration, the student may appear when available.
The interim suspension will remain in effect until a final decision has been made on the pending complaint either through an administrative hearing or formal hearing process or until the Vice President for Student Affairs determines that the reason for imposing the interim suspension no longer exists.
D. Definitions
1. The term "adviser" means any person who has agreed to assist a complaining or responding student during a Student Judicial Committee Hearing. The adviser may be an OSU faculty or staff member, or another OSU student. The adviser is limited to advising the student and may not speak for or on behalf of a student.
2. The term "complainant" means any individual who files a disciplinary complaint or referral.
3. The term "day" means normal University working/school days, not including Saturday, Sunday and University holidays. Time deadlines may be extended during breaks and University holidays.
4. The Family Educational Rights and Privacy Act (FERPA) is a federal law passed in 1974 that defines student educational records, who may access those records, and under what circumstances.
5. The term "group" means a number of persons who are associated with each other, but who have not complied with University requirements for registration as an organization.
6. The terms "institution" and "University" means Oklahoma State University.
7. The term "organization" means a number of persons who have complied with university requirements for registration and/or recognition.
8. Parental Notification – The federal Family Educational Rights and Privacy Act permits educational institutions to notify parents of students under the age of 21 when a student has been found responsible for an alcohol and/or drug related violation. Students are generally notified when parents will be contacted and are given the opportunity to contact the parents first.
9. The term "student" means any person who is enrolled in courses, either full-time or part-time, including correspondence study, electronic means, Study Abroad, or auditing, or courses offered in Stillwater through Northern Oklahoma College or Tulsa Community College. Students are subject to disciplinary action for conduct that occurs during any period of enrollment. Students who leave the University before a disciplinary matter is resolved may be prohibited from future enrollment until such time as the matter is resolved. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the University are considered “students". This includes individuals who have been notified of their acceptance for admission.
10. The term "University premises" means buildings or grounds owned, leased, operated, controlled or supervised by the University.
11. The term "University sponsored activity" means any activity on University premises or at an off campus location, which is directly initiated or supervised by the University.