Non-Academic Conduct Policy Summary
The University of Alabama at Birmingham exists to educate its students, to advance, preserve and disseminate knowledge through research and scholarship, and to advance the interests and the welfare of society as a whole. Free inquiry and free expression are indispensable to the attainment of these goals. Students, faculty and administration represent the three integral parts of the academic community; they share responsibility for the proper functioning of the institution in the pursuit of its educational goals. As members of the academic community, students are encouraged to develop the 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 and throughout the overall campus community.
In order to ensure these rights and freedoms, it is the obligation of both the university as an institution and the members of the academic community to ensure orderly operation by prohibiting actions that interfere with legitimate educational objectives or that interfere with the rights of others. This obligation is met through the initiating of disciplinary action when either academic or non-academic behavior adversely affects the pursuit of the educational objectives of the UAB community.
Conduct and Grievances
In the following narrative, a distinction is made between “academic” conduct and “non-academic” conduct, prescribed standards of behavior are listed, sanctions for non-academic misconduct are identified, the lines of authority and responsibility for non-academic behavior problems are established, due process is described and procedures for establishing disciplinary action are outlined.
I. Distinction Between Academic and Non-Academic Conduct:
Academic conduct is generally considered to be related to the actions of students that are associated with the teaching-learning environment. Misconduct, therefore, may include, but not necessarily be limited to, such things as plagiarism, cheating and falsifying academic records. For information on the handling of academic misconduct, see your appropriate catalog. The chair of the appropriate department is the first contact for reports of academic misconduct.
Non-academic conduct is generally considered to involve actions of students related to standards of behavior that are established for the purpose of maintaining an acceptable level of propriety within the university community.
II. Non-Academic Conduct:
The university is a community of scholars and learners, and, therefore, all participants are expected to maintain conduct that: 1) facilitates the institution’s pursuit of its educational objectives; 2) exhibits a regard for the rights of other members of the academic community; and 3) provides safety to property and persons. Through appropriate due process procedures, disciplinary action will be taken in response to conduct that violates these principles.
As used in this statement, “misconduct” includes, but is not limited to, the following types of behavior of UAB students while on campus or participating in a universitysponsored activity off campus. These students will be subject to the University’s nonacademic disciplinary process. UAB students who commit an offense off-campus while involved in non-university-sponsored activities may be subject to the non-academic disciplinary process.
A. The obstruction or disruption of the teaching, research, administrative, public service or other authorized activity or function of the University.
B. The interference with or failure to comply with reasonable directions by University officials or failure to provide identification to any properly identified UAB administrator or staff person while that person is in the performance of his or her duties.
C. The physical abuse; unlawful harassment, including sexual harassment; or threatening of any member of the faculty, staff, student body or visitor to the University.
D. Drunken behavior or lewd, indecent conduct and/or expression.
E. Unlawful possession, use, manufacture, distribution or dispensing of illicit drugs, controlled substances, or alcoholic beverages by any UAB student on UAB property or as part of any UAB activity (see the UAB-wide policy).
F. The taking, damaging or malicious destruction of property belonging to the University, visitors to the university or to any member of the University community.
G. The illegal use or possession of firearms, explosives, fireworks or weapons of any kind (See the UAB-wide policy).
H. Illegal gambling which violates federal and state laws.
I. Unauthorized entry into or occupation of University facilities without reservations through the appropriate University authorities.
J. Falsification, alteration, fabrication or misuse of University forms, documents, records or identification.
K. The operation on campus of student organizations not properly recognized and registered.
L. Conduct at a disciplinary hearing involving contemptuous, disrespectful or disorderly behavior, or the giving of false testimony or other evidences at any hearing.
M. Hazing or any action taken or situation created that is intended to produce mental or physical discomfort, embarrassment, harassment, ridicule or suffering.
N. Failure to follow established rules and regulations.
O. Knowingly violating the terms of an official disciplinary sanction.
P. Intentionally and substantially interfering with the freedom of expression of others on University premises or at University-sponsored activities.
Q. The unauthorized use of UAB property and resources for personal gain.
R. Other behaviors that are inappropriate in an educational environment.
All students are expected to comply with federal, state and local laws. When a student is convicted of such a violation and circumstances indicate that the student’s continued presence on campus creates a danger of serious physical or mental harm to the student, or to any member of the University community, or the educational processes of the University, the University may impose sanctions including suspension or expulsion.
A student who has been accused of a criminal offense, the nature of which constitutes a likelihood of serious danger to the student, other members of the University community, or the educational process of the University, may have imposed upon him or her temporary sanctions, including suspension or expulsion as may be deemed necessary pending final disposition of the case. Such temporary sanctions may exist and be enforced until such time as final disposition of the case has been made by the properly constituted authorities.
III.Sanctions for Non-Academic Misconduct:
Failure by a student to follow the prescribed standards of behavior will subject him or her to one or more of the following sanctions:
Disciplinary Warning
Oral or written warning to the student that he or she is violating University regulations. No official record of a disciplinary warning shall be maintained.
Disciplinary Reprimand
Official warning in writing that continuation or repetition of wrongful conduct may cause more severe action. A record of a disciplinary reprimand shall be maintained.
Parental/Guardian Notification
In cases of violation of University alcohol and drug policies involving students under 21 years of age at the point of the violation, the University may notify the student’s parent or guardian of the violation.
Disciplinary Probation
Given for a specific period of time and carries the immediate threat of severe sanctions if violated.
Campus and/or Community Service
Requirement that services be offered for a specified period to an appropriate nonprofit community agency and/or to a student affairs office.
Restitution
Reimbursement for damage or loss of property or expenses of others as a result of the misconduct.
Disciplinary Suspension
Exclusion from classes and other privileges in the University community for a specified period of time.
Expulsion
Permanent termination of student status in the university community.
Additional Sanctions
In situations involving some sanctions listed above, a student will be asked to relinquish any University office held. If a student leader is charged with a violation of serious non-academic misconduct, he/she may be removed from the leadership position until the matter is resolved. This may also include their representing the University in any capacity. This could also result in the loss of certain scholarships and financial aid.
In addition to these sanctions previously mentioned, the University Student Judicial Officer may apply or recommend additional sanctions.
IV. Student Groups and Organizations:
Student groups and organizations are expected to maintain appropriate standards of conduct that are commensurate with those expected of individual students in the university environment. Therefore, student groups and organizations may be charged with violating non-academic standards of conduct without regard to whether members of such groups or organizations are individually charged with violations arising from the same occurrences. Misconduct by a UAB student organization while participating in non-University sponsored activities off-campus may be subject to the nonacademic disciplinary process.
A student group or organization, its officers, or individual members may be held collectively or individually responsible when violations by those associated with the group or organization have received the tacit or overt consent or encouragement of the group or organization or of the group’s or organization’s leaders, officers, advisors, or spokespersons.
The officers or leaders or any identifiable spokesperson for a student group or organization may be directed by the Vice President for Student Affairs or a designee to take appropriate action designed to prevent or end violations by the group or organization or by any persons associated with the group or organization who can reasonably be said to be acting in the group’s or organization’s behalf. Failure to make reasonable efforts to comply with the Vice President’s directive shall be considered a violation of Section II.B. (statement on Non-Academic Conduct) both by the officers, leaders or spokespersons for the group or organization and by the group or organization itself.
V. Group Sanctions:
One or more of the following sanctions may be imposed on a group or organization for non-academic misconduct.
A. Social Probation is imposed for a specific period of time. This sanction prohibits the group or organization from campus sponsorship of any organized activity, party or function.
B. Reprimand is an official notice of censure. Repetition of violations that resulted in a reprimand to the group within a period of two years shall automatically carry charter probation as a minimum penalty.
C. Charter Probation is given for a specific period of time and carries the immediate threat of charter revocation or restriction if there are other violations or repetition of previous violations during the term of the sanction.
The group or organization may seek and add members but may not enjoy any of the privileges removed under the social probation.
D. Charter Restriction is the temporary removal of University recognition, usually for not more than one term in addition to the one in which the offense occurred. While under restriction, the group or organization may continue to occupy or hold property but may not seek or add members, hold or sponsor events in the university community, or enjoy any of the privileges removed under social probation set forth above.
E. Charter Revocation is the permanent removal of University recognition for a group or organization. Charter revocation may be recommended but can be imposed only by the University President.
F. Additional Group Sanctions: In addition to the above, the University Student Judicial Officer may apply or recommend additional sanctions, as well as refer the case to the group’s or organization’s governing bodies for consideration of other sanctions.
VI. Authority and Responsibility for Non-Academic Behavior Problems:
The following statements establish authority and responsibility for non-academic misconduct.
Vice President for Student Affairs
The Vice President for Student Affairs has the responsibility for coordinating policies and procedures regarding students’ nonacademic misconduct.
University Student Judicial Affairs Officer
The University Student Judicial Affairs Officer, appointed by the Vice President for Student Affairs, will be principally responsible for administering the non-academic disciplinary process for students who have allegedly violated established standards of conduct while in the general University environment.
At the discretion of the University Student Judicial Affairs Officer, non-academic programs and student organizations with internal disciplinary mechanisms may be allowed to handle minor violations of the student code of conduct by a member.
Director of Student Housing and Residential Life
The Director of Student Housing and Residential Life will oversee the non-academic disciplinary process for students who have allegedly violated University standards of conduct and/or student housing policies and procedures while on housing premises.
In special circumstances, the University Student Judicial Affairs Officer and the Director of Student Housing and Residential Life may jointly handle violations of established standards of conduct.
Deans
The deans of the schools within the University have the option to investigate and administer non-academic discipline for students enrolled in their respective schools, or to refer the matter to the University Student Judicial Affairs Officer.
Non-Academic Disciplinary Committees
Committees will be appointed as needed throughout UAB for the purpose of dealing with non-academic misconduct problems. The committees will be appointed from panels of potential committee members nominated by the academic deans of each school within the University. Each academic dean will recommend a minimum of one faculty member and two students for membership on the panel. Disciplinary committees will be selected from the panel and appointed by the Vice President for Student Affairs in conjunction with the Provost or a designee. These committees will be appointed from the panel each time it is determined that a case of misconduct will be referred to a disciplinary committee.
Each four-member disciplinary committee will be comprised of: 1) a full-time faculty member; 2) two full-time students; and 3) one student affairs officer who will chair the committee. Cases may be referred to such a committee by the University Student Judicial Affairs Officer or Academic Dean.
VII. Due Process:
Students have the right to due process when accused of any violation of University regulations or prescribed standards of behavior. This right shall include the following:
A. A notice in writing of any charges and the opportunity to be made aware of the evidence against him or her;
B. A preliminary hearing for the purpose of rebutting the charges will be scheduled no later than two weeks after a notice of the charge has been sent to the student’s address of record;
C. The opportunity to admit or deny the alleged violation and request an administrative hearing, or a hearing before a disciplinary committee;
D. The opportunity to bring to the hearing an advisor of his or her choice. The advisor will not participate in the hearing, but will serve only in an advisory capacity to the student involved;
E. If a disciplinary action results in a reprimand, probation, community service or developmental sanctions, a student may appeal in writing to the Vice President for Student Affairs. An appeal must be based on one or more of the following: 1) proper procedures were not followed; 2) the evidence clearly does not support the findings; 3) sanctions are excessive; or 4) there is new evidence not reasonably available at the time of the hearing.
If a disciplinary action results in suspension, restitution or expulsion, the Vice President for Student Affairs shall review the case and make the final decisions after consultation with the President of the University.
F. Failure to appear without just cause may result in sanctions being imposed based on the available evidence.
VIII. Procedures for Non- Academic Disciplinary Action
A. When it is alleged that a student has violated University standards of behavior, the University Student Judicial Affairs Officer will be notified.
B. If after review by the University Student Judicial Affairs Officer, it is determined that there is adequate cause for disciplinary action, the Judicial Affairs Officer will consult with the academic dean responsible for the program in which the student is enrolled. They will determine whether the judicial affairs officer or the dean of the school will pursue the case in accordance with appropriate procedures and authorities.
C. If it is determined that the academic dean will handle the matter, it will be administered through the regular process prescribed for conducting disciplinary matters in the particular school or unit involved. If the Judicial Affairs Officer is to administer the case, he or she will meet with the student involved.
D. If the matter is to be referred to a disciplinary committee, the Vice President for Student Affairs will be advised and will appoint a disciplinary committee from the panel of potential committee members nominated by the academic deans, and the student affairs officer who is to serve as chairperson of this committee will be identified.
E. Disciplinary hearings will be conducted in accordance with the appropriate standards of due process.
F. Recommendations from the University Student Judicial Affairs Officer or the disciplinary committee will be conveyed to the Vice President for Student Affairs. The recommendations and subsequent action by the Vice President for Student Affairs will be final in all cases except where restitution, suspension, or expulsion are involved.
G. When suspension, restitution or expulsion are recommended by the dean, Student Judicial Affairs Officer, or disciplinary committee, the Vice President for Student Affairs will forward such a recommendation to the President of the University. The president’s response to the recommendations will be communicated to the student(s) involved by the Vice President for Student Affairs.
Similar due process procedures will be available for student organizations.
IX. Procedures for Non-Academic Disciplinary Action in Housing
A. The Assistant Director for Residential Life serves as the judicial affairs officer to administer the non-academic disciplinary process for residential students who allegedly have violated university and housing policies and procedures while on the premises of housing. In special circumstances, the University Student Judicial Affairs officer and the Director of Student Housing and Residential Life may jointly handle violations of established standards of conduct.
B. When the Assistant Director for Residential Life handles a case through the non-academic disciplinary process, he or she will follow these basic due process procedures.
1. Notification of charge(s) will be sent to the student by the Residence Life Coordinator or other housing official. At this time, the student is responsible for making an appointment (within three business days) with the appropriate person as directed in the notification to discuss the charges.
2. The Residence Life Coordinator or other housing official makes the decision to review the charges or send the case to the Assistant Director for Residential Life to be processed. If the evidence supports a sanction, the student will have a disciplinary conference or hearing with the Residence Life Coordinator, Assistant Director for Residential Life or Director of Student Housing and Residential Life.
3. If the evidence supports a sanction of suspension or expulsion or requires restitution, the student will be required to have a Disciplinary Hearing with the Residence Life Coordinator, General Manager, Assistant Director for Residential Life, or the Director of Student Housing and Residential Life.
C. Appeals will be considered on a case by case basis and must be submitted to the next level of administration within twentyfour (24) hours of the final decision and notification to the student after a disciplinary conference or hearing. The Vice President for Student Affairs is the highest level of appeal for Student Housing conduct issues. Appeals directly to the highest level without first being reviewed intermediately will automatically be denied.
For information concerning procedures for academic and non-academic grievances, consult the appropriate officer in your academic unit.
Non-Academic Conduct Officers for the various units are:
Academic Affairs
Mr. Andrew Marsch
Suite 110, Hill University Center
934-4175
Dentistry
Dr. Richard Weems
Room 205, School of Dentistry Building
1919 Seventh Avenue South
934-5470
Graduate
Dr. Bryan Noe
Dean of the Graduate School
Room 504, Hill University Center
934-8227
Health Professions
Dr. Donna Slovensky
Office of the Associate Dean for Academic and Student Affairs
School of Health Professions/Webb
Building Room 624
1675 University Boulevard
975-8034
Medicine
Dr. Kathleen G. Nelson
P-100 Volker Hall, 1670 University Boulevard
934-2330
Nursing
Dr. Pam Autrey
Room 108A, School of Nursing Building
1701 University Boulevard
975-1964
Optometry
Dr. Adam Gordon
Room 124, Henry Peters (Optometry) Building
1716 University Boulevard
934-6150
Public Health
Dr. J. Jackson Barnette
Room 130, Ryals Building
1665 University Boulevard
934-4993