The
University of Missouri-St. Louis Honor Statement
The
University of Missouri-St. Louis encourages students to pursue excellence
within a respectful and collegial environment and to assume responsibility
for the consequences of personal actions. For that reason the University
requires students to reject any type of dishonest behavior.
Honest precludes
seeking, providing, or receiving any form of authorized assistance on
tests or any other type of assignment. It requires giving credit through
appropriate citation to the author of materials used in written or oral
assignments.
The full Student
Standard of Conduct is found at http://system.missouri.edu:80/uminfo/rules/programs200010.htm.
By registering for a class at UM-St. Louis, students agree to follow this
standard of integrity.
Code
of Student Conduct
200.010 Standard
of Conduct Amended March 20, 1981; August 3, 1990; May 19, 1994
A student enrolling
in the university assumes an obligation to behave in a manner compatible
with the university's function as an educational institution.
A. JURISDICTION
OF THE UNIVERSITY OF MISSOURI generally shall be limited to conduct
which occurs on the University of Missouri premises or at university-sponsored
or university-supervised functions. However, nothing restrains the administration
of the University of Missouri from taking appropriate action, including,
but not limited to, the imposition of sanctions under Section 200.020(C),
against students for conduct on or off university premises in order to
protect the physical safety of students, faculty, staff and visitors.
B. CONDUCT
for which students are subject to sanctions falls into the following categories:
- Academic dishonesty,
such as cheating, plagiarism or sabotage. The Board of Curators recognizes
that academic honesty is essential for the intellectual life of the
university. Faculty members have a special obligation to expect high
standards of academic honesty in all student work. Students have a special
obligation to adhere to such standards. In all cases of academic dishonesty,
the instructor shall make an academic judgment about the student=s grade
on that work and in that course. The instructor shall report the alleged
academic dishonesty to the Primary Administrative Officer.
- The term cheating
includes but is not limited to(I) use of any unauthorized assistance
in taking quizzes, tests, or examinations; (ii) dependence upon
the aid of sources beyond those authorized by the instructor in
writing papers, preparing reports, solving problems, or carrying
out other assignments; (iii) acquisition or possession without permission
of tests, or other academic material belonging to a member of the
university faculty or staff; or (iv) knowingly providing any unauthorized
assistance to another student on quizzes, tests, or examinations.
- The term plagiarism
includes, but is not limited to: (I) use by paraphrase or direct
quotation of the published or unpublished work of another person
without fully and properly crediting the author with footnotes,
citations or bibliographical reference; (ii) unacknowledged use
of materials prepared by another person or agency engaged in the
selling of term papers or other academic materials; or (iii) unacknowledged
use of original work/material that has been produced through collaboration
with others without release in writing from collaborators.
- The term sabotage
includes, but is not limited to, the unauthorized interference with,
modification of, or destruction of the work or intellectual property
of another member of the university community.
- Forgery, alteration,
or misuse of university documents, records or identification, or knowingly
furnishing false information to the university.
- Obstruction or
disruption of teaching, research, administration, conduct proceedings,
or other university activities, including its public service functions
on or off campus.
- Physical abuse
or other conduct which threatens or endangers the health or safety of
any person.
- Attempted or
actual theft of, damage to, or possession without permission of property
of the university or of a member of the university community or of a
campus visitor.
- Unauthorized possession,
duplication or use of keys to any university facilities or unauthorized
entry to or use of university facilities.
- Violation of
university policies, rules or regulations or of campus regulations including,
but not limited to, those governing residence in university-provided
housing, or the use of university facilities, or the time, place and
manner of public expression.
- Manufacture,
use, possession, sale or distribution of alcoholic beverages or any
controlled substance without proper prescription or required license
or as expressly permitted by law or university regulations.
- Disruptive or
disorderly conduct or lewd, indecent, or obscene conduct or expression.
- Failure to comply
with directions of university officials acting in the performance of
their duties.
- Illegal or unauthorized
possession of firearms, explosives, other weapons, or dangerous chemicals.
- Actual or attempted
theft or other abuse of computer time, including but not limited to:
- Unauthorized
entry into a file to use, read, or change the contents, or for any
other purpose.
- Unauthorized
transfer of a file.
- Unauthorized
use of another individual=s identification and password.
- Use of computing
facilities to interfere with the work of another student, faculty
member or university official.
- Use of computing
facilities to interfere with normal operation of the university
computing system.
-
Knowingly causing a computer virus to become installed in a computer
system or file.
Student Disciplinary
Matters
Rules of Procedures
in Student Disciplinary Matters Adopted November 8, 1968, Amended March
20, 1981; December 8, 1989; and May 18, 1994
200.020 RULES
OF PROCEDURES IN STUDENT CONDUCT MATTERS
A. PREAMBLE.
The following rules of procedure in student conduct matters are hereby
adopted in order to insure insofar as possible and practicable (a) that
the requirements of procedural due process in student conduct proceedings
will be fulfilled by the university, (b) that the immediate effectiveness
of Article V of the Bylaws of the Board of Curators relating to student
conduct and sanctions may be secured for all students in the University
of Missouri, and 8 that procedures shall be definite and determinable
within the University of Missouri.
B. DEFINITIONS.
As used in these rules, the following definitions shall apply:
- Primary Administrative
Officers. As used in these procedures, A Primary Administrative Officer@
is charged with the responsibility for the administration of these student
conduct procedures and refers to the person or persons on each campus
designated.
- Student Panel.
A panel of students appointed by the Chancellor, from which shall be
selected by the Chair, upon the request of a student charged before
the Student Conduct Committee, not more than three (3) students to serve
with the Student Conduct Committee.
- Student. A person
having once been admitted to the university who has not completed a
course of study and who intends to or does continue a course of study
in or through one of the campuses of the university. For the purpose
of these rules, student status continues whether or not the university=s
academic programs are in session.
- Student Conduct
Committee. As used in these procedures, A Student Conduct Committee,@
hereinafter referred to as the Committee, is that body on each campus
which is authorized to conduct hearings and to make dispositions under
these procedures or a Hearing Panel of such body as herein defined.
C. SANCTIONS.
- The following
sanctions may be imposed upon any student found to have violated the
Student Conduct Code; more than one (1) of the sanctions may be imposed
for any single violation:
- Warning.
A notice in writing to the student that the student is violating
or has violated institutional regulations.
- Probation.
A written reprimand for violation of specified regulations. Probation
is for a designated period of time and includes the probability
of more severe sanctions if the student is found to be violating
any institutional regulation(s) during the probationary period.
- Loss of Privileges.
Denial of specified privileges for a designated period of time.
- Restitution.
Compensation for loss, damage or injury to the university or university
property. This may take the form of appropriate service and/or monetary
or material replacement.
- Discretionary
Sanctions. Work assignments, service to the university or other
related discretionary assignments.
- Residence
Hall Suspension. Separation of the student from the residence halls
for a definite period of time, after which the student is eligible
to return. Conditions for readmission may be specified.
- Residence
Hall Expulsion. Permanent separation of the student from the residence
halls.
- University
Dismissal. An involuntary separation of the student from the institution
for misconduct apart from academic requirements. It does not imply
or state a minimum separation time.
- University
Suspension. Separation of the student from the university for a
definite period of time, after which the student is eligible to
return. Conditions for readmission may be specified.
- University
Expulsion. Permanent separation of the student from the university.
- Temporary Suspension.
The Chancellor or designee may at any time temporarily suspend or deny
readmission to a student from the university pending formal procedures
when the Chancellor or designee finds and believes from available information
that the presence of a student on campus would seriously disrupt the
university or constitute a danger to the health, safety or welfare of
members of the university community. The appropriate procedure to determine
the future status of the student will be initiated within seven (7)
calendar days.
D. RECORDS RETENTION.
Student conduct records shall be maintained for five (5) years after university
action is completed.
E. POLICY AND
PROCEDURES.
- Primary Administrative
Officers. The Chief Student Affairs Administrator on each campus or
designee is the primary officer except in cases of academic dishonesty,
where the Chief Academic Administrator responsible for administering
the Student Conduct Code or designee is the primary administrative officer.
- Preliminary Procedures.
The Primary Administrative Officer shall investigate any reported student
misconduct before initiating formal conduct procedures and give the
student the opportunity to present a personal version of the incident
or occurrence. The Primary Administrative Officer may discuss with any
student such alleged misconduct and the student shall attend such consultation
as requested by the Primary Administrative Officer. The Primary Administrative
Officer, in making an investigation and disposition, may utilize student
courts and boards and/or divisional deans to make recommendations.
- Informal Dispositions.
The Primary Administrative Officer shall have the authority to impose
appropriate sanctions and shall fix a reasonable time within which the
student shall accept or reject a proposed informal disposition. A failure
of the student either to accept or reject within the time fixed shall
be deemed to be an acceptance and, in such event, the proposed disposition
shall become final upon expiration of such time. If the student rejects
informal disposition it must be in writing and shall be forwarded to
the Committee. The Primary Administrative Officer may refer cases to
the Committee without first offering informal disposition.
- Formal Procedure
and Disposition.
- Student Conduct
Committee:
- The Committee
shall be appointed by the Chancellor and shall have the authority
to impose appropriate sanctions upon any student or students
appearing before it.
- The Committee,
when appropriate or convenient, may be divided by the Chair
of the Committee into Hearing Panels, each panel to be composed
of at least five (5) Committee members, which may include a
maximum of two (2) students, present at the hearing, including
a designated chair. A Hearing Panel has the authority of the
whole Committee in those cases assigned to it. The Chair of
the Committee or of a Hearing Panel shall count as one (1) member
of the Committee or Hearing Panel and have the same rights as
other members.
- Each
Chancellor shall appoint a panel of students, to be known as
the Student Panel. Upon written request of a student charged
before the Committee, made at least seventy-two (72) hours prior
to the hearing, the Chair of the Committee or Hearing Panel
shall appoint from the Student Panel not more than three (3)
students to sit with the Committee or two (2) students to sit
with the Hearing Panel (as stated in 4.a.(2)) for that particular
case. When students from the Student Panel serve at the request
of a student charged, they shall have the same rights as other
members of the Committee or Hearing Panel.
- General Statement
of Procedures. A student charged with a breach of the Student Conduct
Code is entitled to a written notice and a formal hearing unless
the matter is disposed of under the rules for informal disposition.
Student conduct proceedings are not to be construed as judicial
trials and need not wait for legal action before proceeding; but
care shall be taken to comply as fully as possible with the spirit
and intent of the procedural safeguards set forth herein. The Office
of the General Counsel shall be legal adviser to the Committee and
the Primary Administrative Officer.
- Notice. The
Primary Administrative Officer shall initiate student conduct proceedings
by arranging with the Chair to call a meeting of the Committee and
by giving written notice by certified mail or personal delivery
to the student charged with misconduct. The notice shall set forth
the date, time and place of the alleged violation and the date,
time and place of the hearing before the Committee. Notice by certified
mail may be addressed to the last address currently on record with
the university. Failure by the student to have a current correct
local address on record with the university shall not be construed
to invalidate such notice. The notice shall be given at least seven
(7) consecutive days prior to the hearing, unless a shorter time
be fixed by the Chair for good cause. Any request for continuance
shall be made in writing to the Chair, who shall have the authority
to continue the hearing if the request is timely and made for good
cause. The Chair shall notify the Primary Administrative Officer
and the student of the new date for the hearing. If the student
fails to appear at the scheduled time, the Committee may hear and
determine the matter.
- Right to Petition
for Review (other than university expulsion, university dismissal or
university suspension).
- In all cases
where the sanction imposed by the Committee is other than university
expulsion, university dismissal, or university suspension, the Primary
Administrative Officer or the Student may petition the Chancellor
or designee in writing for a review of the decision within five
(5) calendar days after written notification. A copy of the Petition
for Review must also be served upon the nonappealing party within
such time. The Petition for Review shall state the grounds or reasons
for review, and the nonappealing party may answer the petition within
five (5) calendar days.
- The Chancellor
or designee may grant or refuse the right of review. In all cases
where the Petition for Review is refused, the action of the Committee
shall be final. If the Chancellor or designee reviews the decision,
the action of the Chancellor shall be final unless it is to remand
the matter for further proceedings
- Right of Appeal
(university expulsion, university dismissal or university suspension
only).
- When a student
is expelled, dismissed or suspended from the university by the Committee,
the Primary Administrative Officer or the student may appeal such
decision to the Chancellor or designee by filing written notice
of appeal with the Chancellor within ten (10) calendar days after
notification of the decision of the Committee. A copy of the Notice
of Appeal will contemporaneously be given by the student to the
Primary Administrative Officer or by the Primary Administrative
Officer to the student. The appealing party may file a written memorandum
for consideration by the Chancellor with the Notice of Appeal, and
the Chancellor may request a reply to such memorandum by the appropriate
party.
- The Chancellor
or designee shall review the record of the case and the appeal documents
and may affirm, reverse or remand the case for further proceedings
and shall notify each party in writing of the decision on the appeal.
The action of the Chancellor shall be final unless it is to remand
the matter for further proceedings.
- Status During
Appeal. In cases of suspension, dismissal or expulsion where a Notice
of Appeal is filed within the required time, a student may petition
the Chancellor in writing for permission to attend classes pending final
determination of appeal. The Chancellor may permit a student to continue
in school under such conditions as may be designated pending completion
of appellate procedures, provided such continuance will not seriously
disrupt the university or constitute a danger to the health, safety
or welfare of members of the university community. In such event, however,
any final sanctions imposed shall be effective from the date of the
action of the Committee.
- Student Honor
System. Forums under the student honor systems established for investigating
facts, holding hearings, and recommending and imposing sanctions are
authorized when the student honor code or other regulations containing
well defined jurisdictional statements and satisfying the requirements
of Article V of the Bylaws of the Board of Curators have been reduced
to writing and have been approved by the Chancellor and the Board of
Curators and notice thereof in writing has been furnished to students
subject thereto. Procedures shall satisfy the requirements of the Board
of Curators> Bylaws, Article V, and shall contain procedures herein
before stated insofar as appropriate and adaptable to the particular
situation and shall be approved by the Chancellor and the General Counsel.
Students subject to student honor systems shall have the rights of appeal
as set forth in Section 200.020 E.6 and 7.)
F. HEARING PROCEDURES.
- Conduct of Hearing.
The Chair shall preside at the hearing, call the hearing to order, call
the roll of the Committee in attendance, ascertain the presence or absence
of the student charged with misconduct, read the notice of hearing and
charges and verify the receipt of notices of charges by the student,
report any continuances requested or granted, establish the presence
of any adviser or counselor of the student, and call to the attention
of the student charged and the adviser any special or extraordinary
procedures to be employed during the hearing and permit the student
to make suggestions regarding or objections to any procedures for the
Conduct Committee to consider.
- Opening Statements
- The Primary
Administrative Officer shall make opening remarks outlining
the general nature of the case and testify to any facts the
investigation has revealed.
- The student
may make a statement to the Committee about the charge at this
time or at the conclusion of the university's presentation.
- University
Evidence.
- University
witnesses are to be called and identified or written reports
of evidence introduced as appropriate.
- The Committee
may question witnesses at any time.
- The student
or, with permission of the committee, the adviser or counselor
may question witnesses or examine evidence at the conclusion
of the university's presentation.
- Student Evidence.
- The student
shall have the opportunity to make a statement to the Committee
about the charge.
- The student
may present evidence through witnesses or in the form of written
memoranda.
- The Committee
may question the student or witnesses at any time. The Primary
Administrative Officer may question the student or witnesses.
- Rebuttal Evidence.
The Committee may permit the university or the student to offer
a rebuttal of the other's presentation.
- Rights of
Student Conduct Committee. The Committee shall have the right to:
- Hear
together cases involving more than one (1) student which arise
out of the same transaction or occurrence, but in that event
shall make separate findings and determinations for each student;
- Permit
a stipulation of facts by the Primary Administrative Officer
and the student involved;
- Permit
the incorporation in the record by a reference of any documentation,
produced and desired in the record by the university or the
student charged;
- Question
witnesses or challenge other evidence introduced by either the
university or the student at any time;
- Hear
from the Primary Administrative Officer about dispositions made
in similar cases and any dispositions offered to the student
appearing before the Committee;
- Call
additional witnesses or require additional investigation;
- Dismiss
any action at any time or permit informal disposition as otherwise
provided;
- Permit
or require at any time amendment of the Notice of Hearing to
include new or additional matters which may come to the attention
of the Committee before final determination of the case; provided,
however, that in such event the Committee shall grant to the
student or Primary Administrative Officer such time as the Committee
may determine reasonable under the circumstances to answer or
explain such additional matters;
- Dismiss
any person from the hearing who interferes with or obstructs
the hearing or fails to abide by the rulings of the Chair of
the Committee;
- Suspend
summarily students from the university who, during the hearing,
obstruct or interfere with the course of the hearing or fail
to abide by the ruling of the Chair of the Committee on any
procedural question or request of the Chair for order.
- Rights of Students
Upon Hearing. A student appearing before a Committee shall have the
right to:
- Be present
at the hearing;
- Have an adviser
or counselor and to consult with such adviser or counselor during
the hearing;
- Have students
from the Student Panel sit with the Committee or Hearing Panel;
- Hear or examine
evidence presented to the Committee;
- Question
witnesses present and testifying;
- Present evidence
by witnesses or affidavit;
- Make any
statement to the Committee in mitigation or explanation of the conduct
in question;
- Be informed
in writing of the findings of the Committee and any sanctions it
imposes; and
- Request review
or appeal to the Chancellor as herein provided.
- Determination
by the Student Conduct Committee. The Committee shall then make its
findings and determinations in executive session out of the presence
of the Primary Administrative Officer and the student charged. Separate
findings are to be made:
- As to the
conduct of the student, and
- On the sanctions,
if any, to be imposed. No sanctions shall be imposed on the student
unless a majority of the Committee present is reasonably convinced
by the evidence that the student has committed the violation charged.
- Official Report
of Findings and Determinations. The Committee shall promptly consider
the case on the merits and make its findings and determination and transmit
them to the Primary Administrative Officer and the student charged forthwith.
- Other Procedural
Questions. Procedural questions which arise during the hearing not covered
by these general rules shall be determined by the Chair, whose ruling
shall be final unless the Chair shall present the question to the Committee
at the request of a member of the Committee, in which event the ruling
of the committee by majority vote shall be final.
- General Rules
of Decorum. The following general rules of decorum shall be adhered
to:
- All requests
to address the Committee shall be addressed to the Chair.
- The Chair
will rule on all requests and points of order and may consult with
Committee's legal adviser prior to any ruling. The Chair's ruling
shall be final and all participants shall abide thereby, unless
the Chair shall present the question to the Committee at the request
of a member of the Committee, in which event the ruling of the Committee
by majority vote shall be final.
- Rules of common
courtesy and decency shall be observed at all times.
- An adviser
or counselor may be permitted to address the Committee at the discretion
of the Committee. An adviser or counselor may request clarification
of a procedural matter or object on the basis of procedure at any
time by addressing the Chair after recognition.
- Record of Hearing.
A taped or stenographic record of the hearing shall be maintained. The
notice, exhibits, hearing record and the findings and determination
of the Committee shall become the "Record of the Case" and
shall be filed in the Office of the Primary Administrative Officer and
for the purpose of review or appeal be accessible at reasonable times
and places to both the university and the student.
- Sexual Assault.
In cases of alleged sexual assault:
- The accuser
and the accused are entitled to the same opportunities to have others
present during a campus disciplinary proceeding;
- The accuser
and the accused shall be informed of the outcome of any campus disciplinary
proceeding brought alleging a sexual assault.
Financial Aid
Appeals
The University of
Missouri-St. Louis has an established financial aid appeals procedure.
An aid applicant can raise questions or appeal the offer, or lack of an
offer, of financial aid if not satisfied. The general provisions for appeals
procedures are as follows:
- An aid applicant
who is not satisfied with the fact that no aid was offered, or was not
pleased with the type and/or amount of aid that was offered, may make
a written appeal to the Student Financial Aid Appeals Committee reconsideration
of the aid request and/or ask for a personal hearing.
- If on review
of all the facts of the case, including any new information which the
applicant may provide, the Committee can a) approve an exception to
university policy; b) deny the request; c) approve a modified version
of the request.
- If the Appeals
Committee cannot provide a satisfactory solution, he/she may refer the
written appeal with all pertinent information to the Director of Financial
Aid. Where academic progress is an issue, the student may ask an academic
adviser or counselor to write or speak in the student's behalf. If a
satisfactory solution is worked out, the case is closed.
- If step three
did not solve the problem, it is referred to the campus Faculty-Senate
Committee on Student Aid. In ordinary practice it is rare for a case
to be appealed beyond this step.
- If, however,
the applicant is still not satisfied after review by committee, the
case is to be referred to the Chancellor.
- The next appeal
is the President.
The
final university appeal would be for the President to refer a case to
the Board of Curators.
Grade
Appeal
On each campus of the University of Missouri it is the Chancellor
who is ultimately responsible to the President and the Board of Curators
for all campus programs, policies, and activities. On the University
of Missouri-St. Louis campus the Chancellor has delegated responsibility
for overseeing the grade appeal process to the Vice Chancellor for Academic
Affairs. The Vice Chancellor is therefore responsible for assuring that
grade appeals are handled in a fair and timely manner. More specifically,
that officer is responsible for seeing that the procedures outlined below
are appropriately followed.
Informal
Procedures
At any time after the awarding of a grade, for a course or
an assignment in a course, a student may discuss the grade with her or
his instructor and request that the instructor review the grade. If the
instructor does review the grade he or she is, of course, free to change
the grade or not as is appropriate.
Formal
Procedures
The following procedures apply if the above informal procedure
does not resolve a dispute concerning a grade to the student's satisfaction
and if the process is initiated within thirty working days of the start
of the first regular semester (fall or winter) following the semester
for which the grade was given, or thirty days after the assignment of
the grade (whichever is later).
- If the student
has not already done so, he or she discusses the contended grade fully
with the course instructor. The student should prepare for this meeting
by taking all relevant written work (test, reports, etc.) with him/her.
If the issue is not resolved, and the student wishes to pursue the appeal,
she or he should consult the administrative officer of the department
or discipline housing the course in question. (This officer will normally
be someone below the level of the Dean.) The administrative officer
will discuss the appeal with the course instructor, and will inform
the student of the result of this discussion. (That result may be the
instructor's agreement to change the grade, her or his refusal to change
the grade, or her or his agreement to discuss the case further with
the student.) The administrative officer may require that the student
put the appeal in written form before the administrative officer discusses
it with the instructor.
- If the matter
remains unresolved, the student may, within 10 working days of being
notified of the result of the discussion between the administrative
officer and the instructor, or within 10 working days of her or his
last discussion with the instructor, submit a detailed written statement
of the complaint to the administrative officer. The administrative
officer will refer it to a faculty committee composed of at least three
faculty members in the department or unit offering the course or if
such are not available, in closely allied fields. This committee will
investigate the matter, meeting, as it may deem necessary, with the
student, the instructor, and possibly others. Following its inquiries
and deliberations, but prior to making its final recommendations, the
faculty committee will submit a copy of its findings to the course instructor.
If the course instructor elects to comment on the findings to the committee,
this must be done in writing within 7 working days. After further consideration,
but within 30 working days after receiving the student's statement,
the faculty committee will submit its findings with its recommendations
and reasons for those recommendations directly to the course instructor,
with a copy to the administrative officer.
- If the faculty
committee recommends that the grade be changed, the administrative officer
will ask the instructor to implement the recommendation. If the instructor
declines, the administrative officer will change the grade, notifying
the instructor and the student of this action. Only the administrative
officer, upon the written recommendation the faculty committee, will
effect a change in grade over the objection of the instructor who assigned
the original grade.[1]
- If the faculty
committee recommends that the grade not be changed, the administrative
officer will notify the student of this action. The student may then
appeal to the dean of the school or college within which the course
in question is housed, who will determine whether the above procedures
have been properly observed. If the Dean determines that the procedures
have not been appropriately followed, and that their not being followed
may have substantively affected the outcome, the case will be returned
to the faculty unit for review by the same, or, if the Dean so determines,
by a different committee.
- If the Dean denies
the procedural appeal the student may ask the Vice Chancellor for Academic
Affairs, acting as the Chancellor's designee, to conduct a procedural
review. The Vice Chancellor is not obligated to conduct such a review
and will normally do so only where there is compelling evidence of procedural
irregularities. If the Vice Chancellor finds the procedures have not
been appropriately followed, and that their not being followed may
have substantively affected the outcome, the case will be returned
to a lower level for rereview. As the Vice Chancellor is acting
as the designee of the Chancellor, there is no appeal beyond this level.
Student Organization
Policy
Policy on Student
Organizations
The University
recognizes that the acquisition of knowledge is not confined to the formality
of the classroom and that much can be gained through the activities of
student organizations. To assure maximum freedom for students and to assure
that organizational activities are orderly, responsible, and appropriate
to the mission of the university, certain principles and procedures are
established through which organizations gain university recognition.
I Procedures for
Recognition
A. To obtain
recognition or to register, an organization shall submit to the Vice Chancellor
for Student Affairs, through the Office of Student Life, a recognition
or registration form which shall include:
- The name of the
organization.
- A statement of
the general purpose of the organization and the means for accomplishing
it. The statement should demonstrate that the organization's purpose
is to broaden the scope of general learning, extend knowledge of specialized
areas, or to serve the professional, cultural, social or recreational
interests of the university community, consistent with the educational
goals of the university. The statement must not conflict with policies
governing recognized organizations as listed below.
- The names of
at least three officers and ten responsible representatives, including
student numbers, addresses and telephone numbers; these persons must
be students registered at the university of Missouri-St. Louis.
- A statement of
any affiliation with any other organization not registered with the
university, and a copy of the organization's constitution.
- Organizations
seeking recognition must include a copy of their constitution and/or
by-laws, the name of a UM-St. Louis faculty or staff member(.75 FTE)
who agrees to serve as an advisor, and the name of a student member
of the organization who will serve as the organization's representative
on the Student Government Association.
- Upon submission
of the recognition or registration form, the organization shall be granted
temporary privileges until the request for recognition is acted upon
by the Senate Student Affairs Committee or the request to register is
approved by the Director of Student Life.
B. To maintain
recognition or registration, an organization must update their recognition
form or re-register with the Office of Student Activities no later than
two weeks following the beginning of the fall semester.
II Privileges
of Recognized Organizations
- Use of campus
facilities and services for organizational activities as provided in
the university regulations.
- Use of the university
name in connection with publicity, but only for identification purposes,
and in no way to imply support of the university for any position of
the organization.
- Participation
in university-sponsored events.
- Application for
supplemental financial assistance.
- Participation
as a voting member of Student Government Association. Organizations
who register may not apply for supplemental assistance and may not be
voting members of Student Government Association.
III Policies Governing
Recognized or Registered Organizations
- Organizations
shall comply with the Rules and Regulations of the University of Missouri
and the St. Louis campus.
- Organizations'
membership policy shall not discriminate for reasons of color, creed,
national origin or gender. Any organization may petition to the Vice
Chancellor for Student Affairs for exemption from the requirement as
it applies to gender. Academic and professional organizations which
have discriminatory membership policy based on gender shall not be recognized.
- Organizations'
membership shall not be subject to approval by anyone other than the
local campus membership.
- Organizations
are expected to maintain fiscal responsibility.
- Recognized and
registered organizations are required to seek the advice of faculty
and other members of the community.
- Recognized organizations
are required to participate in the Student Governance process.
IV Procedure for
Review of Grievances
A. Any member
of the university community may bring charges against a recognized organization
for breach of the above policies or procedures.
B. Such charges,
except those pertaining to discrimination, are brought initially to the
Vice Chancellor for Student Affairs, who may:
- Dismiss the charges,
in which case an appeal may be made to the Senate Student Affairs Committee.
- Settle the charges
in a way acceptable to both parties or,
- Refer the charges
to the Senate Student Affairs Committee.
C. Penalties
may range from withdrawals of one or more privileges to withdrawal of
recognition or registration. Assessment of penalties shall also provide
for the conditions leading to reinstatement of such privileges for recognition.
D. Either
party to the charges may appeal the decision of the Senate Student Affairs
Committee to the Chancellor.
Policy on Hazing
Hazing,
defined by the Fraternity Executive Association and accepted by the University
of Missouri-St. Louis, is any intentional action taken or situation created,
whether on or off university premises, that produces mental or physical
discomfort, embarrassment, harassment, or ridicule. This includes but
is not limited to: paddling in any form, creation of excessive fatigue,
physical or psychological shocks, wearing apparel publicly which is conspicuous
and not normally in good taste, engaging in public stunts and buffoonery,
morally degrading or humiliating games and activities, involuntary labor,
or any activity not consistent with the University of Missouri Board of
Curators Standard of Student Conduct. The University of Missouri-St.
Louis does not condone or tolerate hazing of any type by an organization,
or by an individual against another individual.
The
Office of Student Activities will investigate any incident in which a
charge of hazing has been made. University recognition may be temporarily
withdrawn pending hearings and due process procedures.
Should it be determined
that a student organization or any of its members is guilty of hazing
as previously defined, sanctions may include but are not limited to:
A. Automatic
and indefinite suspension of campus recognition or registration with an
accompanying loss of all campus privileges (i.e. use of facilities, student
services, etc.);
B. Disciplinary
action against those members involved in the incident(s) including suspension
or expulsion from the university.
Implementation: Each
organizational president (or equivalent officer) is required to read and
sign the university's Policy on Hazing at the first regular meeting at
which he or she presides. This policy, signed by the incoming president
(or equivalent officer), must accompany any notification of a change in
officers submitted to the Office of Student Activities. Failure to do
so will result in the automatic imposition of inactive status on the organization
with an accompanying loss of all university privileges
until such time as the signed policy is submitted.
Equal Opportunity
Policies of the University of Missouri-St. Louis
The University
of Missouri-St. Louis is an affirmative action/equal opportunity employer
committed to excellence through diversity. Therefore, the university enthusiastically
complies with and vigorously enforces each Federal and State Executive
Order, law and regulation, University of Missouri Rules and Regulations
and University of Missouri-St. Louis directive that prohibits discrimination
against employees, students, and others based upon age, ancestry, color
disability, national origin, race, religion, sex, or veteran status.
The above compliance
is established upon, but not limited to, the following employment and
education related equal opportunity laws: Civil Rights Act of 1964, Title
VII, as amended Executive Order 11246, Equal Employment Opportunity Equal
Pay Act of 1963, as amended Age Discrimination in Employment of 1967,
as amended Vietnam Era Veterans Readjustment Assistance Act of 1974, as
amended Executive Order 11141, Age Discrimination Rehabilitation Act of
1973, Section 503, as amended Rehabilitation Act of 1973, Section 504,
as amended Civil Rights Act of 1964, Title VI, as amended Education Amendments
of 1972, Title IX Americans with Disabilities Act of 1990
The Board of Curators
of the University of Missouri has adopted the appropriate equal opportunity
policies and procedures in compliance with the above laws and procedures.
The Chancellor is responsible for the implementation of equal opportunity
at UM-St. Louis. Assisting the Chancellor and each Vice Chancellor is
the Office of Equal Opportunity (OEO). All equal opportunity functions
for the campus are centralized in the OEO.
The following equal
opportunity policies have been established by the University of Missouri
Board of Curators to govern the academic and administrative functions
of the University:
320.10
EQUAL EMPLOYMENT OPPORTUNITY PROGRAM
330.60
SEXUAL HARASSMENT
240.40
POLICY RELATED TO STUDENTS WITH DISABILITIES
330.80
MAINTAINING A POSITIVE WORK AND LEARNING ENVIRONMENT
320.10
Equal Employment Opportunity Program
- Equal opportunity
is and shall be provided for all employees and applicants for employment
on the basis of their demonstrated ability and competence without discrimination
on the basis of their race, color, religion, sex, national origin, age,
disability, or status as a Vietnam era veteran.
- Equal opportunity
is and shall be also provided for all students and applicants for admission
in compliance with existing legislation.
University of
Missouri Equal Opportunity Statement
The University
of Missouri-St. Louis is committed to equal employment and educational
opportunities without regard to conditions of race, color, sex, religion,
national origin, age, physical ability, veteran status, or individuals
with HIV, AIDS, or ARC.
Each administrative
unit of the university employing personnel, admitting students, or entering
into contracts is charged with implementation of the university's commitments,
and maintenance of records to demonstrate good faith efforts, in admission
and training, recruiting and hiring, compensating and promoting, layoff
and dismissal, granting of tenure, contracting and purchasing, and access
to facilities and programs.
As an employer and
as an institution accountable to taxpayers and the general public, the
university must have administrative and management practices that are
designed for the best use of talent for operational effectiveness and
efficiency.
(1) Recruitment
and employment of personnel
- Recruitment of
professors and academic personnel in research and continuing education/extension
is primarily the responsibility of deans, directors, chairpersons, and
department heads.
- Recruitment of
administrative, service, and support staff, except for top-ranking administrative
personnel, is primarily the responsibility of the personnel office of
each campus, and the director of Human Resources for the University
of Missouri-St. Louis administration. Selection is the responsibility
of the administrative head of the employing unit.
- Administrative
efforts are made to recruit and employ minorities, women, the handicapped,
and members of protected age groups.
- The university
maintains relationships with governmental agencies, community groups,
and other organizations which may be of assistance in furthering recruitment
and employment of minority groups, handicapped persons, and women into
departments and units which have imbalances. Personnel sources are advised
of the university's commitment to equal opportunity and affirmative
action.
- Imbalances exist
when available talent among specified minorities, women, handicapped,
or protected age group members is proportionately underrepresented in
a particular personnel category in the university.
Under representation is determined by an analysis of the appropriate
employment market which is generally national or regional for major
administrators, professors, and academic personnel in research and continuing
education/extension. The appropriate employment market is generally
the state or local community for most administrative positions and for
service and support staff.
- Advertisement
and notices of employment opportunities indicate a filing date for consideration.
- Notice of employment
and training opportunities are made to existing personnel.
- Employment applications
meet federal and state requirements relating to equal opportunity.
- The Office of
Equal Opportunity maintains records to demonstrate efforts and results
of efforts to achieve equity and to act affirmatively and reasonably
to correct imbalances.
(2) Salaries,
wages, and benefits
- University compensation
and benefit programs are administered without regard to conditions of
race, color, sex, religion, national origin, age, physical ability,
or veteran status.
- The salary range
for academic positions is determined in advance of recruitment on the
basis of prevailing national levels and departmental scales for the
educational attainment, experience, and specialty desired.
(3) Facilities,
activities, and working conditions
- University facilities
are maintained on an equitable and nondiscriminatory basis.
- Physical facilities
have been adapted within the limits of the financial resources available
to insure access to the university by the physically handicapped.
- Opportunities
for involvement in university activities are provided on an equitable
or nondiscriminatory basis.
(4) Promotion
and training
- Promotions, contract
renewals, the granting of tenure, and reductions in force of academic
personnel are handled in accordance with established university procedures
and qualification criteria for all persons and free of discrimination.
- University policy
requires that promotions, demotions, layoffs, recalls from layoffs,
transfers, and temporary hires for service and support personnel are
determined without regard to conditions of race, color, sex, religion,
national origin, age, physical ability, or veteran status.
- Participation
in training and educational programs sponsored by the university, including
apprenticeships, is open to all employees within eligible job classifications.
- The university
offers developmental programs for professional and personal growth to
enhance promotion potential.
(5) Student admission
and retention
- The university
gives students equal access to its academic programs without regard
to conditions of race, color, sex, religion, national origin, age, or
physical ability. Furthermore, the university seeks to recruit, enroll,
retain, and graduate minority group members and women in those fields
in which they are underrepresented.
- The University
of Missouri has a unique responsibility for graduate and professional
public higher education in the state of Missouri. Therefore, academic
departments offering doctoral and/or advanced professional programs
in disciplines and professions in which there is a deficiency of minorities
and women have adopted methods to encourage enrollment, retention, and
graduation of minority group members and women.
- Affirmative action
is taken to offer graduate teaching and research assistantships to minorities
and women.
- Business, government,
industry, and labor are solicited to assist and provide support to minorities
and women through financial aid and by providing work experiences as
they pursue academic objectives.
- Personnel representatives
of prospective employers using university services and facilities to
interview and recruit students must be equal opportunity employers,
and must give all qualified students equal opportunity for interviews,
without regard to conditions of race, color, sex, religion, national
origin, age, disability, or veteran status.
(6) Appeal and
grievance procedures
- Grievance procedures
are available for the processing of complaints and grievances of alleged
discrimination based on conditions of race, color, sex, religion, national
origin, age, physical ability, or veteran status.
- A student grievant
has access to the student grievance procedures through the Office of
Student Affairs, the school or college, the campus, and central administration.
- The Office of
Equal Opportunity currently provides advice and information to grievants
on the grievance procedures.
(7) Records and
reports
- The administrative
head of each university unit must be prepared to demonstrate that equal
opportunity is practiced and that affirmative action is taken in recruiting
and employment of full-time and part-time personnel, admission and retention
of students, provision of facilities and programs, and purchasing and
contracting.
- Each responsible
administrative unit of the university must be prepared to show that
procedures followed and selections made are in compliance with policies
on equal employment and affirmative action. Admissions applications
are retained for one year and employment applications are retained for
one year.
University business involving contracts and bids for various services
are retained in compliance with University of Missouri record management
policies.
- Those responsible
for recruiting, admitting, and retaining students "undergraduate,
graduate and professional" maintain files and records documenting
efforts to provide equal opportunity and act affirmatively to attract
and retain minority group members, women, and older and handicapped
persons. A report is made annually to the appropriate administrative
committee.
- Campus administrative
officers have records demonstrating efforts to provide equal opportunity
and show affirmative action in the interests of minority group members,
women, and handicapped and older persons in the availability
and use of university facilities, including recreational facilities.
- Those responsible
for personnel recruitment and employment personnel, including graduate
teaching and research assistants, have records that reflect their adherence
to equal opportunity and affirmative action practices.
- Academic or administrative
units receiving complaints or grievances based on allegations of discrimination
report those cases to the Office of Equal Opportunity.
(8) Reviewing
and monitoring
- A university Committee
on Equal Employment Opportunity and Affirmative Action (EEO/AA) is appointed
annually by the Chancellor.
- EEO/AA committee
membership includes a reasonable cross section of personnel, including
a representation of women, minorities, and the handicapped.
- The EEO/AA committee
advises the Director of Equal Opportunity on matters relating to affirmative
action and university equal employment policy.
- Administrative
officers (chancellor, vice chancellors, deans, directors, department
chairpersons, and all other supervisory personnel) are responsible for
implementation of equal opportunity and affirmative action policies
and practices within their areas of jurisdiction, and the effectiveness
of implementation will be an element in the evaluation of the performance
of each officer.
(9) Dissemination
- Equal opportunity
and affirmative action policies and programs are disseminated throughout
the university and discussed at appropriate school, college, departmental,
management, and supervisory meetings. The subjects covered include attraction,
admission, and retention of students; recruitment, employment, training,
promotion, and transfer of employees.
- University employees,
faculty, staff, and students are kept informed of equal opportunity
programs and affirmative action goals through campus publications and
communications, the Personnel Policy Manual, the Faculty Handbook, divisional
and departmental meetings, staff orientation programs, and posters.
- Copies of the
Equal Employment and Affirmative Action policies are available to a
cross section of community organizations, news media, area colleges,
secondary schools and recruiting sources.
- Copies of the
Affirmative Action Policy will be made available on request to employees,
applicable governmental agencies, and contractors or subcontractors.
- University invitations
to bid, purchase orders, and specifications to architects and engineers
contain the university's equal opportunity policy.
- University correspondence,
employment notices and advertising, academic information, and other
public notices contain the university's equal opportunity
phrase.
330.60 Sexual
Harassment
This University
of Missouri policy aims for an increased awareness regarding sexual harassment
by making available information, education and guidance on the subject
for the university community.
A. Policy
Statement--It is the policy of the University of Missouri, in accord with
providing a positive discrimination -free environment, that sexual harassment
in the work place or the educational environment is unacceptable conduct.
Sexual harassment is subject to discipline, up to and including separation
from the institution.
B. Definition--Sexual
harassment is defined for this policy as either:
- unwelcome sexual
advances or requests for sexual activity by a university employee in
a position of power or authority to a university employee or a member
of the student body, or
- other unwelcome
verbal or physical conduct of a sexual nature by a university employee
or a member of the student body to a university employee or a member
of the student body, when:
- Submission
to or rejection of such conduct is used explicitly or implicitly
as a condition for academic or employment decisions; or
- The purpose
or effect of such conduct is to interfere unreasonably with the
work or academic performance of the person being harassed; or
- The purpose
or effect of such conduct to a reasonable person is, to create an
intimidating, hostile, or offensive environment.
C. Non-Retaliation--This
policy also prohibits retaliation against any person who brings an accusation
of discrimination or sexual harassment or who assists with the investigation
or resolution of sexual harassment.
Notwithstanding this
provision, the university may discipline an employee or student who has
been determined to have brought an accusation of sexual harassment in
bad faith.
D. Redress
Procedures--Members of the university community who believe they have
been sexually harassed may seek redress, using the following options:
- Pursue appropriate
informal resolution procedures as defined by the individual campuses.
These procedures are available from the campus Affirmative Action/Equal
Opportunity Officer.
- Initiate a complaint
or grievance within the period of time prescribed by the applicable
grievance procedure. Faculty are referred to Section 370.010, "Academic
Grievance Procedures"; staff to Section 380.010, `"Grievance
Procedure for Administrative, Service and Support Staff"; and students
to Section 390.010, "Discrimination Grievance Procedure for Students."
Pursuing a complaint or informal resolution procedure does not compromise
one's rights to initiate a grievance or seek redress under state or
federal laws.
E. Discipline--Upon
receiving an accusation of sexual harassment against a member of the faculty,
staff, or student body, the university will investigate and, if substantiated,
will initiate the appropriate disciplinary procedures. There is a five-year
limitation period from the date of occurrence for filling a charge that
may lead to discipline.
An individual who
makes an accusation of sexual harassment will be informed:
- At the close
of the investigation, whether or not disciplinary procedures will be
initiated; and
- At the end of
any disciplinary procedures, of the discipline imposed, if any.
240.040 Policy
Related to Students with Disabilities
Executive Order No.
21, 11-1-84; Amended 2-25-97.
EQUALITY
OF ACCESS
The
University of Missouri (UM) strives to assure that no qualified person
with a disability[2] shall, solely by reason
of the disability, be denied access to, participation in, or the benefits
of any program or activity operated by UM.
Each such qualified
person shall receive reasonable accommodations to provide equally effective
access to educational opportunities, programs, and activities in the most
integrated setting appropriate unless provision of such reasonable accommodation
would constitute an undue hardship on the university or would substantially
alter essential elements of the academic program or course of study or
would otherwise compromise academic standards. This policy shall apply
to all programs, services, and activities of the university, including
but not limited to recruitment, admissions, registration, financial aid,
academic programs, advising, counseling, student health, housing and employment.
B. FEDERAL
AND STATE LAWS
This policy
is intended to be consistent with Section 504 of the Rehabilitation Act
of 1973, which states that no recipient of federal financial assistance
may discriminate against qualified individuals with disabilities solely
by reason of disability. This policy is also intended to be consistent
with the Americans with Disabilities Act of 1990 and the Missouri Human
Rights Act.
C. FACILITIES
Each program or activity,
when viewed in its entirety, shall be accessible to otherwise qualified
and eligible students with disabilities. Facilities, or parts of facilities,
constructed or renovated for UM use will be designed and built so that
they are accessible to and usable by persons with disabilities, in accordance
with the ADA Accessibility Guidelines or other accessibility standards
properly adopted by the campus. Accessible on-campus housing and food
service will be provided at the same cost and with the same program options
to qualified students with disabilities as are afforded to non-disabled
students. When any UM classes, programs or activities are held in private
facilities, thorough efforts shall be made to obtain facilities which
are accessible.
D. COORDINATION
OF PROGRAMS AND SERVICES FOR STUDENTS WITH DISABILITIES
- Campus disability
support service (DSS) offices or other designated campus units are responsible
for coordination of programs, services, and classroom accommodations
for qualified applicants for admission and qualified enrolled students
with disabilities. Such coordination relates solely to disability issues.
Determinations as to whether a student is otherwise qualified often
will be based on the academic requirements developed by the faculty.
Specific services available to qualified students with disabilities
will be provided by the university in conformity with the requirements
of federal and state law.
- Determinations
as to whether requested services and requested accommodations are required
will be made initially by the Coordinator of DSS. Accommodation of
the disability will be determined by the coordinator and faculty member,
and if either disagrees with the prescripted accommodation, such disagreement
shall be described in writing promptly and submitted to the Chancellor
or his/her designee for resolution in a prompt manner.
- Initial determinations
and any disagreements submitted to the Chancellor or his or her designee
will take into consideration all relevant factors including, but not
limited to, the following:
- current documentation
of the specific disability and of the need for the requested services
or accommodations;
- the essential
elements of the academic program or course of study being pursued;
- the fact
that the law does not require a university to substantially alter
essential elements of its academic program or course of study or
to otherwise compromise its academic standards.
- All students
seeking disability-related services and/or accommodations must disclose
the presence of a specific disability to DSS. Before receiving requested
services and/or accommodations, the student will be required to provide
the DSS office with current medical or other diagnostic documentation
of a disability from a qualified physician or other qualified diagnostician,
as well as current documentation of the need for accommodations. In
cases where existing documentation is incomplete or outdated, students
may be required to provide additional documentation at the student's
expense.
- It is the student's
responsibility to self-identify, to provide current and adequate documentation
of his/her disability, and to request classroom accommodations, through
the DSS office. The appropriate documentation must be provided in a
timely manner to ensure full resolution of accommodations prior to the
student's entrance into the program or course of study. Documentation
review and accommodations planning by DSS, including consultation with
faculty and/or other campus entities that may be affected in providing
accommodations, will be done on an individualized case-by-case basis.
- Reasonable classroom
accommodations will be provided to otherwise qualified and eligible
students with disabilities who have self-identified and who have provided
satisfactory documentation in support of their timely request for such
accommodations, in compliance with federal and state mandates. These
accommodations shall not affect the substance of the educational programs
or compromise educational standards.
- In addition to
providing accommodations needed to ensure nondiscrimination in access
to educational opportunities by otherwise qualified students with disabilities,
the university is responsible for ensuring that no qualified disabled
student is denied the benefits of or excluded from participation in
a university program because of the absence of auxiliary aids, services,
and/or other reasonable accommodations. Auxiliary aids, services, and/or
other accommodations include but are not limited to interpreters (sign
or oral), readers, scribes, adaptive equipment, and other appropriate
services or equipment necessary for course or program accessibility.
- While funding
for accommodations to ensure equally effective access is provided by
the university, funding for auxiliary aids, accommodations, and/or services
in some instances may be shared with state vocational rehabilitation
agencies. The law does not require and the university does not provide
prescription devices or other devices/services of a personal nature
(e.g. personal attendants) for students with disabilities.
E. ESTABLISHMENT
OF CAMPUS POLICIES
Chancellors
are directed to establish campus policies and/or procedures consistent
with this order. These should cover, at a minimum, treatment of disability-
related information and appropriate regard for confidentiality, responsibilities
of students in applying for services through DSS, time lines to assure
that students make accommodation requests in a timely manner, guidelines
to assure that disability documentation is reasonably current, a description
of the process of individualized assessment of each student's disability
documentation and accommodation request(s), the role of faculty in determining
the essential elements of the academic program or course of study and
the academic standards involved in the accommodations planning and review
process within the context of academic program requirements, and processing
of complaints and grievances including a procedure for appeal when faculty
and/or academic administrators or administrators in other involved campus
entities do not agree with the DSS on the requirements of this policy.
PROVISIONS
FOR SERVICES TO STUDENTS WITH DISABILITIES AND REASONABLE ACCOMMODATIONS
POLICY
AND PROCEDURES
POLICY
The University
of Missouri is committed to equal educational opportunities for qualified
students without regard to disabling condition. The University, therefore,
will take necessary action to ensure that no otherwise qualified student
with a disability is denied access to any particular course or educational
program. Such action includes an assessment of the student’s abilities
and an evaluation of the particular course or program.
IMPLEMENTATION
PROCEDURES
It
is the student’s responsibility to self-identify, to provide current and
adequate documentation of his/her disability and to request classroom
accommodation, through the disability services office. A request for
services will initiate an assessment of needs, including a documentation
review and accommodations planning by DSS, involving consultation with
faculty and/or other campus entities that may be affected in providing
accommodations, and will be done on an individualized case-by-case basis.
Initial determinations
as to whether requested services and/or accommodations are required will
be made by the coordinator of disability services based on results of
the assessment of needs. If either the faculty member of the disability
coordinator disagrees with the prescripted accommodation, such disagreement
shall be described in writing promptly and submitted to the Chancellor
or his or her designee for resolution in a prompt manner.
The University will
make reasonable modifications to its academic requirements, if necessary,
to comply with legal requirements ensuring that such academic requirements
do not discriminate or have the effect of discriminating on the basis
of a students known and adequately documented disability; unless the requested
modification would require alteration of essential elements of the program
or essential elements of directly related licensing requirements or would
result in undue financial or administrative burdens. The divisional dean’s
office, in cooperation with the disabilities service coordinator and the
department through which the requirement is fulfilled, will determine
the appropriate modification of substitution. Any qualified student with
a disability who believes that accommodations and/or auxiliary aid(s)
will be necessary for participation in any course, course activity, or
degree program must indicate a need for services to the designated disability
services office at least six weeks prior to the beginning of the semester
or degree program.
The disability services
coordinator will oversee an assessment of the student’s request for services
and/or accommodations. If an unfavorable determination is made, the student
may appeal the decision through the UM Discrimination Grievance Procedure
for Students.
AIDS
Policy Statement
Current
knowledge indicates college and university students or employees with
AIDS, ARC, or a positive antibody blood test do not pose a health risk
to either students or employees in a usual academic or residential setting.
The policy of University of Missouri is to permit students and employees
with AIDS to continue to engage in as many of their normal pursuits as
their condition allows. Managers should be sensitive to the medical problem
and ensure that such employees are treated consistent with the treatment
of other employees. Students will be allowed to continue their enrollment
and activities (including continued residency in student housing) as long
as they continue to meet academic standards and medical evidence indicates
their conditions are not a threat to themselves or others. Every effort
will be made to maintain confidentiality at all times.
The university also
has a legitimate interest in the welfare of all students, employees, and
visitors to the campus. Every reasonable precaution will be taken to minimize
the risk that an employee's or student's condition will present a health
and/or safety hazard to others.
The university will
not discriminate against individuals with HIV infection, AIDS or ARC,
but this protection does not include individuals with secondary infections
or diseases that would constitute a direct threat to the health or safety
of others who may because of the disease or infection be unable to perform
duties of their employment. In such cases, the appropriate university
personnel or student policy will determine what changes, if any, will
be made in the student's or employee's academic or work program.
In the event of public
inquiry concerning AIDS on campus, the Chancellor or the Chancellor's
designee will provide appropriate information on behalf of the university.
Existing policies regarding confidentiality of employee and student records
will be followed.
Consistent with its
concern for students and employees with AIDS, the university offers a
range of resources through the AIDS Task Force on each campus and through
other campus services.
- Student, employee,
and management education and information;
- Referral to agencies
and organizations that offer supportive services for life-threatening
illnesses;
- Consultation
to assist employees in effectively managing health, leave, and other
benefits.
The AIDS Task Force
on each campus will continue to meet periodically to review and update
policy and to make recommendations as new medical facts become available.
Each Task Force will continue to encourage programs to educate all members
of the campus community about the reality of AIDS.
To address specialized
needs, each campus is authorized to adopt and implement special policies
related to AIDS which are consistent with this policy statement.
330.80 Maintaining
a Positive Work and Learning Environment
- The University
of Missouri is committed to providing a positive work and learning environment
where all individuals are treated fairly and with respect, regardless
of their status. Intimidation and harassment have no place in a university
community. To honor the dignity and inherent worth of every individual
student, employee, or applicant for employment or admission is a goal
to which every member of the university community should aspire and
to which officials of the university should direct attention and resources.
- With respect
to students, it is the university's special responsibility to provide
a positive climate in which students can learn. Chancellors are expected
to provide educational programs and otherwise direct resources to creative
and serious measures designed to improve interpersonal relationships,
to help develop healthy attitudes toward different kinds of people,
and to foster a climate in which students are treated as individuals
rather than as members of a particular category of people.
- With respect
to employees, the strength we have as a university is directly related
to maintaining a positive work environment throughout the institution.
The university should provide a positive recruiting and work environment
focused on the duties and skills of the work to be performed. It is
the expectation of the university that all employees and potential employees
will be treated on the basis of their contribution or potential contribution
without regard to personal characteristics not related to competence,
demonstrated ability, performance, or the advancement of the legitimate
interests of the university. The General Officers are expected to provide
training programs for supervisors to assist in achieving this objective.
- With respect
to violations of the policy, faculty, staff and students may utilize
their respective grievance procedures approved by the Board of Curators.
The approved grievance procedures are as follows: Grievance procedure
in Section 370.010 for faculty; grievance procedure in Section 380.010
for staff; and grievance procedure in Section 390.010 for students,
and each such procedure shall be deemed as amended to include grievances
filed under this policy. This policy shall not be interpreted in such
a manner as to violate the legal rights of religious organizations,
or military organizations associated with the Armed Forces of the United
States of America.
Other Procedures
or Regulations
Discrimination
Grievance Procedure for Students
390.010
December 17, 1982,
and January 25, 1990
A.
GENERAL
- It is the policy
of the University of Missouri to provide equal opportunity for all enrolled
students and applicants for admission to the university on the basis
of merit without discrimination on the basis of their race, color, religion,
sex, national origin, age, or disability, or Vietnam era veteran status.
Sexual harassment shall be considered discrimination because of sex.
- To insure compliance
with this policy, all University of Missouri prospective or enrolled
students shall have available to them this student discrimination grievance
procedure for resolving complaints and/or grievances regarding alleged
discrimination.
- This grievance
procedure neither supersedes nor takes precedence over established university
procedures of due process for any and all matters related to Academic
Dishonesty, Grade Appeals, Traffic Appeals, Disciplinary Appeals, or
other specific campus procedures which are authorized by the Board of
Curators and deal with faculty/staff responsibilities.
- These proceedings
may be terminated at any time by the mutual agreement of the parties
involved.
NOTE: A grievance concerning specific incidents filed under this
discrimination grievance procedure shall not be processed on behalf
of any student who elects to utilize another university grievance procedure.
In addition, the filing of a grievance under these procedures precludes
the subsequent use of other university grievance or appeals procedures
for the same incident.
B. DEFINITIONS
- A complaint is
an informal claim of discriminatory treatment. A complaint may, but
need not, constitute a grievance. Complaints shall be processed through
the informal procedure herein set forth.
- A grievance is
the written allegation of discrimination which is related to:
- Recruitment
and admission to the institution.
- Admission
to and treatment while enrolled in an education program.
- Employment
as a student employee on campus.
- Other matters
of significance relating to campus living or student life, including,
but not limited to:
Assignment of roommates in resident halls; Actions of fraternities
and sororities; Membership in and/or admission to clubs/organizations;
Student Health Services; Financial aid awards.
- A student is any
person who has applied for admission or readmission, or who is currently
enrolled, or who was a student of the university of Missouri at the
time of the alleged discrimination.
- Persons with disabilities--For
the purpose of this student discrimination grievance procedure, a "person
with a disability" has been substituted for "handicapped individual"
(Section 504, Rehabilitation Act of 1973) and shall be defined as "
.any person who
- Has a physical
or mental impairment which substantially limits one or more of such
person's major life activities,
- Has a record
of such impairment, or
- Is regarded
as having such an impairment
For purpose of this definition, A "major life activity"
means any mental or physical function or activity which, if impaired,
creates a substantial barrier to employment and/or education.
Any reference in this document to written materials or to written
or oral presentations within the student discrimination grievance
procedure may be adjusted to accommodate persons with disabilities
for whom the stated materials or required presentations would not
be appropriate. Cost of such accommodation will be borne by the
university, with no charge to the individual.
- Appropriate Administrative
Officer--The primary administrative officer on the staff of the Chancellor
(in the area of Student Affairs/ Services, Administrative Services,
Development, and Academic Affairs) having administrative responsibility
for the unit in which the discrimination is alleged to have occurred.
- Grievance Consultant--At
any step the Director of Equal Opportunity or of Affirmative Action
may be asked to serve as a consultant by any of the parties involved
in this grievance procedure.
C. COMPLAINTS
- Policies and Procedures--A
student with a complaint will be provided with copies of appropriate
policies and procedures pertaining to student complaints and grievances,
and the Chief Student Personnel Administrator or his/her designee and
the Officer for Equal Opportunity or for Affirmative Action shall be
available to assist the student in understanding the opportunities afforded
through such policies and procedures. The student may choose to have
an adviser participate in any stage of the grievance procedure, subject
to the restrictions of the hearing procedures set forth in Section 390.010
F.
- Joint Complaint--If
more than one student is aggrieved by the same action, these students
may, by mutual written agreement among themselves, file with the Chief
Student Personnel Administrator a complaint and pursue their complaints
jointly under this grievance procedure. If the number of students in
such a case is so large as to make it impracticable for them to be heard
individually in a joint proceeding, they may, by mutual agreement, elect
one or more of their number to act on behalf of them all.
- Students may informally
discuss a complaint with the relevant supervising administrator. Every
reasonable effort should be made to resolve the matter informally at
this administrative level. If a satisfactory resolution is not reached,
the student may pursue the matter through each level of administrative
jurisdiction up to and including the Appropriate Administrative Officer,
or file a grievance within the time specified in D.1.b.
- Complaints Involving
Recruitment
- Undergraduate
applicants must first present complaints about recruitment to the
Director of Admissions. If a satisfactory resolution is not reached,
the applicant may appeal the matter to the immediate supervising
officer of the Director of Admissions.
- Applicants
for graduate study may request a meeting with the academic department
head and the dean of the college, or their designees, who are actually
involved in the recruitment effort to discuss the matter informally.
If a satisfactory resolution is not reached, the applicant may appeal
to the Dean of the Graduate School and finally to the Appropriate
Administrative Officer.
- Complaints Involving
Admissions (Undergraduate or Professional)
- Undergraduate
and professional student applicants shall present complaints to
the Director of Admissions or to the dean of the school or college,
depending upon where the application was originally filed.
- This university
official shall compare the person's academic qualifications against
the official university admissions criteria and review the denial.
If the denial is sustained, the applicant may appeal this decision
to the official=s immediate supervisor or to the appropriate admissions
committee.
- Complaints Involving
Admissions (Graduate)--Applicants to the Graduate School may ask for
a meeting with the academic department head of the program to which
the applicant was seeking admission.
This official shall explain the reasons for the denial of recommendation
for admission. If a satisfactory resolution is not reached, the applicant
may then appeal to the Dean of the Graduate School or to the appropriate
admissions committee. If the denial is upheld, the applicant may appeal
the decision to the appropriate administrative officer.
- Complaints Involving
Admissions to or Treatment in an educational Program or in the Granting
of Assistantships - An undergraduate or graduate student enrolled at
the institution who has a discrimination complaint involving admission
to or treatment in an educational program or in the granting of assistantships
may request a conference with the appropriate department head and with
the dean of the school or college (or the dean's designee) to discuss
the matter informally. If a satisfactory resolution is not reached,
the student may present a grievance pursuant to Section 390.010 F.
- Complaints Involving
Nonacademic Matters Related to Campus Living and Student Life--A currently
enrolled student who has a university-related complaint concerning discrimination
in nonacademic matters including but not limited to assignment of roommates,
actions of fraternities and sororities, membership in and/or admissions
to clubs/organizations, student health services and financial aid awards
may request a conference with the appropriate administrative supervisor,
department head and/or director to discuss the matter informally. If
a satisfactory resolution is not reached, the student may present a
grievance pursuant to Section 390.010 D.
- Complaints Involving
Student Employment on Campus . A student enrolled at the university
who alleges that discrimination occurred either in applying for work
or while working as a student employee at a university job may request
a conference with the supervisor, department head or director of the
employing unit to discuss the matter informally. If a satisfactory resolution
is not reached, the student may present a grievance pursuant to Section
390.010 D.
- Complaints Involving
Financial Aid (Undergraduate, Graduate, Professional):
- Undergraduate,
graduate, and professional student aid applicants shall present
complaints to the Director of Student Financial Aid where the application
was originally filed or the award originally made.
- This university
official shall compare the person=s financial and academic qualifications
against the official university financial aid criteria and review
the award, amount, or denial of the aid. If the original judgment
is sustained, the applicant may appeal this decision to the official's
immediate supervisor or to the appropriate financial aid committee.
D. INITIATING
A GRIEVANCE
- Policies and Procedures--
student with a grievance will be provided copies of appropriate policies
and procedures pertaining to student complaints and grievances, and
the Chief of Student Personnel Administrator or designee and the Office
for Equal Opportunity or for Affirmative Action shall be available to
assist the student in understanding the opportunities afforded through
such policies and procedures. The student may choose to have an adviser
participate in any stage of the grievance procedure, subject to the
restrictions of the hearing procedures set forth in Section 390.010
F.
- Joint Grievance--If
more than one student is aggrieved by the same action, these students
may, by mutual written agreement among themselves, file with the
Chief Student Personnel Administrator a grievance and pursue their
grievances jointly under this grievance procedure. If the number
of students in such a case is so large as to make it impractical
for them to be heard individually in a joint proceeding, they may,
by mutual agreement, elect one or more of their number to act on
behalf of all of them.
- Regardless
of their nature, all discrimination grievances are to be filed with
the Chief Student Personnel Administrator. A grievance must have
been filed by a student within one-hundred-eighty (180) calendar
days of the date of the alleged discriminatory act.
- Filing
a Grievance
- All grievances
must be presented in writing and contain the following information:
- A clear
concise statement of the grievance which includes the name of
the person(s) against whom the grievance is made, the date(s)
of the alleged discrimination and a statement describing the
specific supporting evidence;
- A brief
summary of the prior attempts to resolve the matter which includes
the names of persons with whom the matter was discussed and
the results of those previous discussions;
- A specific
statement of the remedial action or relief sought.
- Within seven
(7) working days, the original grievance form with an explanation
will be returned to the student if, in the judgment of the Chief
Student Personnel Administrator, the statements are vague or do
not meet the above requirement. The student may make the necessary
corrections and resubmit the grievance within seven (7) days.
- Any grievance
not filed within the time limits specified in Section 390.010 D.1.B
shall be deemed waived by the grievant. The Chief Student Personnel
Administrator may extend the time limits only if adequate cause for
an extension of the time limits can be shown by the student.
- For informational
purposes, copies of the grievance shall be forwarded to the Appropriate
Administrative Officer and the Director of Equal Employment and/or Affirmative
Action.
- Within fifteen
(15) working days of receipt of a grievance that satisfies the requirement
of Section 390.010 D.1.b, the Appropriate Administrative Officer with
the consent of the parties involved may establish an informal hearing
with the aggrieved student, the responding faculty/staff/organization,
the respondent's supervisor and the Appropriate Administrative Officer's
designee. The Appropriate Administrative Officer shall not involve himself/herself
in this meeting. If this informal means of resolving the grievance fails,
a grievance committee will be impaneled as called for in Section 390.010
E.1.
E. FORMATION OF
GRIEVANCE COMMITTEE
- It is the Appropriate
Administrative Officer's responsibility to initiate the selection of
the grievance committee within fifteen (15) working days after the request
for the formation of a grievance committee or after the completion of
the informal hearing provided for in Section 390.010 F.5 without satisfaction
to the grievnt.
- A grievance hearing
panel shall be established by October 1 of each year from which a grievance
committee should be constituted. The panel shall consist of ten (10)
faculty, ten (10) staff and ten (10) students. Selection of the panel
will be made by the Chief Student Personnel Administrator from recommendations
by the appropriate faculty, staff and student associations. Selection
of membership will consider sex, race, disability, academic rank, student
classification and employee classification. Membership on the hearing
panel shall be for two years. A member's term shall expire on September
30 of the second year unless he/she is serving at that time on hearing
committee still in the process of reviewing an unresolved grievance.
In such case, the member's term shall expire as soon as the committee
has submitted a written report of its findings and recommendations to
the Appropriate Administrative Officer.
- A hearing committee
shall be composed of five (5) members. The grievant shall select two
(2) members from the grievance hearing panel provided by the Chief Student
Personnel Administrator. The responding faculty/staff/ organization
shall select two (2) members from the grievance hearing panel. Both
parties should have their selections made within 15 working days of
the receipt of the request. The four committee members shall then select
an additional member from the grievance hearing panel to serve as chair.
Neither members of the immediate departmental unit nor student members
of pertinent student organizations involved in the grievance shall be
eligible to serve on the committee.
- Any person selected
to a grievance committee will be expected to serve on such committee
and to be present at all sessions. If a member is absent from a single
session, he/she will be required to review all tapes or transcribed
proceedings of that session prior to the next meeting of the committee.
Should a member be absent from two sessions or should a member request
to be excused from service for reasons of illness, necessary absence
from the campus or other hardship, then that member shall be replaced
in the same manner used in the original selection (see Section 390.010
E.3). If a member is unable or ineligible to serve for whatever reason,
the replacement shall review all tapes or written transcripts and all
submitted evidence prior to service on the committee. Five members of
the hearing committee, duly selected as in Sections 390.010 E.3 and
E.4 must attend the opening and closing session of the hearing.
F. HEARING PROCEDURES
FOR FORMAL GRIEVANCES
- It shall be the
responsibility of the Appropriate Administrative Officer to coordinate
the procedures contained herein, to make provisions for hearing rooms,
to coordinate secretarial and recording services and to otherwise serve
the grievance committee as needed.
- At the first
organizational meeting of the grievance committee, the committee shall
elect a chairperson from among the members to preside over subsequent
meetings.
Then the chairperson shall schedule a hearing at the earliest convenient
time when all affected parties can be present.
- A quorum consists
of a minimum of four members of the committee except as provided by
Section 390.010 E.4.
- The grievance
committee shall invite the grievant and the responding person to all
hearings. Attendance at the hearings shall be limited to persons who
have an official connection with the case as determined by the chairperson.
The grievant and the responding person may choose to be accompanied
by an adviser. Others whose participation in the hearing is considered
essential in order to assist the committee in establishing the facts
of the case shall appear before the committee only long enough to give
testimony and to answer questions of committee members.
- It is within
the duties and responsibilities of all members of a grievance committee
to commit themselves to observe procedures consistent with fairness
to all parties concerned. For example, it is a matter of principle that
members of the grievance committee will not discuss a case with anyone
outside of the hearing process and that their finding will not be influenced
by anything other than the evidence presented to them in meetings in
which all affected parties are present.
- The grievance
committee shall set forth the rules of procedure for the hearing within
the guidelines set forth herein. The chairperson may, for good cause
and with the concurrence of a majority of the entire committee, authorize
deviation from the suggested format, in which case the principal parties
shall be notified.
- The grievant
shall be heard first in all phases of a grievance hearing and shall
be primarily responsible for the presentation of his/her position.
- The adviser
of the grievant or respondent may advise that person and may briefly
explain his or her position but shall not be permitted to testify
or to cross-examine.
- A reasonable
time limit should be established for opening and closing statements
and shall be announced prior to the hearing.
- Length of
hearing sessions may be established in advance; every effort should
be made to conduct the hearing as expeditiously as possible, with
equal fairness to both parties.
- The interested
parties shall provide the chairperson with the names of the adviser
and potential witnesses at least forty-eight (48) hours prior to
the hearing. It is the responsibility of the interested party, working
with the chairperson, to ensure the presence of these individuals
in a timely manner.
- After initial
witnesses for both parties have been heard, such witnesses may be
recalled for additional questioning if requested by either party
or the grievance committee. The committee may call new witnesses
whose testimony it deems relevant or helpful.
- In order
to promote the truthful, unfettered exchange of information and
ideas, all testimony pertaining to the grievance hearing shall be
held in confidence.
- Only evidence
relevant to the grievance may be introduced. Questions regarding
the admissibility of evidence shall be decided by the chairperson.
- At any point in
the proceedings prior to the time at which the committee reaches its
final decision, the grievant may withdraw any portion or all of the
grievance with the consent of a majority of the committee members and
of the respondent. In all cases of withdrawal at the consent of the
committee and of the respondent, the grievant shall not have the privilege
of reopening the same grievance at any time in the future. In the event
that the student refuses to participate further in the committee hearing,
the committee may choose to continue the case or to move to closure
with an appropriate closing statement as per Section 390.010 F.9.
- A confidential
tape recording of the grievance hearing shall be made and will be accessible
to the parties involved, the committee, the Appropriate Administrative
Officer, the Chancellor, the President, members of the Board of Curators
and authorized representatives on a need-to-know basis. Either party
to the grievance may request that the committee provide a written transcript
of testimony. The cost of preparation of such a transcript is to be
paid by the party making such request unless Section 390.010 B.4 is
applicable. After the report of the grievance committee has been prepared,
the tapes and relevant materials will be sealed and filed in the Appropriate
Administrative Office. Unless extraordinary circumstances apply, these
materials will be destroyed at the end of five years.
- At the conclusion
of the grievance hearing, the members of the grievance committee shall
meet in closed session to deliberate upon their findings. A majority
vote of the entire committee shall be required on all decisions. The
grievance committee shall make a written report on findings and recommendations
to the Appropriate Administrative Officer of the university, with copies
to the grievant(s) and the responding person(s). The written report
will contain:
- A statement
of the purpose of the hearing,
- Issues considered,
- A summary
of the testimony and other evidence presented,
- Findings
of fact as developed at the hearing, and
- Recommendations
for final disposition of the case.
- The Appropriate
Administrative Officer will make his/her decision. This decision and
the actions that have been taken shall be presented to both parties
in writing. If the administrative officer does not accept the recommendations
of the grievance committee, a written statement of the reasons for so
ruling must be given to both parties and to the chairperson of the committee.
- If requested
by the grievant or the responding party, normally within seven (7) calendar
days of the notification of the decision, the decision of the Appropriate
Administrative Officer may be subject to a review of the records by
the Chancellor. Any review and decision by the Chancellor shall be made
normally within thirty (30) calendar days. The decision of the Chancellor
can be appealed to the President, who shall have thirty (30) calendar
days in which to make a decision, which shall be final.
- Grievances shall
receive prompt attention. The hearing and the report of the grievance
committee shall normally be completed within sixty (60) calendar days
of the formation of the grievance committee, and a final decision shall
be made by the Appropriate Administrative Officer normally within ten
(10) calendar days thereafter. In any case in which these time schedules
should prove to be inadequate, the committee shall present, in writing,
an amended time schedule to all parties involved.
[1] Under current campus policy, transcript
notation of >DL= automatically becomes an F after one regular semester.
These changes, which the Registrar is mandated to make, are not considered
grade changes and are consistent with this Grade Appeal Policy. Students
may appeal these changes provided the appeal is initiated within 30 working
days of the notification of the change.
[2]From
the U.S. Justice Department's ADA Title II Technical Assistance Manual,
Section II-2.8000: Qualified individual with a disability. In order to
be an individual protected by Title II, the individual must be a "qualified"
individual with a disability. To be qualified, the individual with a disability
must meet the essential eligibility requirements for receipt of services
or participation in a public entity's programs, activities, or services
with or without:
- Reasonable modifications
to a public entity's rules, policies, or practices;
- Removal of architectural,
communication, or transportation barriers; or
- Provision of
auxiliary aids and services. The "essential eligibility requirements"
for participation in many activities of public entities may be minimal.
For example, most public entities provide information about their programs,
activities, and services upon request. In such situations, the only
"eligibility requirement" for receipt of such information
would be the request for it. However, under other circumstances, the
“essential eligibility requirements" imposed by a public entity
may be quite stringent.
ILLUSTRATION: The
medical school at a public university may require those admitted to its
program to have successfully completed specified undergraduate science
courses.
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