LEGAL NOTICE:
The Student Senate Committee on Student Rights, Privileges and Responsibilities is preparing for submission to the Student Senate the Bill printed below. The Committee will hold an open hearing on Friday, February 13, 1970 from 3:00 to 5:00 p.m. in the Jayhawk Room of the Student Union for the purposes of receiving testimony and opinions on these proposals and/or receiving alternative suggestions. Christopher L. Morgan, Chairman.
ART. 1. These rules shall be known as the Code for Student Rights, Responsibilities and Conduct.
Bill of Rights
ART. 2. The following enumeration of rights shall not be construed to deny or disparage others retained by students in their capacity as members of the student body or as citizens of the state.
classroom and homes. The rules of students to be secure in their persons, living quarters, papers and effects against unreasonable searches and seizures is guaranteed.
A. Free inquiry, expression and assistance are our educational goals; appropriate opportunities for learning in the classroom and on the campus shall be provided by the university.
b. Students will be exempt from disciplinary action which affects their status as a student except for academic failure or violation of a Student Senate or University Senate rule or regulation. Rules and regulations shall be fair and clearly promote an advance of the degree. The university has legal authority to conduct a student when he is outside University property. A student is subject to local, state, and federal statutes.
(a) Debts owing to the University. A student shall not be subject to dismissal or disenrollment for failure to pay debts due and owing to the University. However, debts incurred in any one semester shall be included in the next semester or succeeding semester fee schedule, amount of which shall be a condition precedent to enrollment in the University.
E. No disciplinary sanctions may be imposed upon any student without notice to the accused of the nature and cause of the charges, and a fair hearing which shall include confrontation
F. A student accused of violating University regulations is entitled, upon request, to a hearing before a judicial body.
ART. 2 When used in this Code.
(1) The term "university" means Kansas University and, collectively, those responsible for its control and operation.
(2) The term "student" includes all persons taking courses at the institution both full-time and part-time pursuing undergraduate, graduate or extension studies.
(3) The term "instructor" means any person hired by the institution to conduct classroom activities. In certain situations a person may be both "student" and "instructor". Determination
(4) The term "legal compulsion" means a judicial or legislative order which requires some action by the person to whom it is directed.
(5) The term "student press" means either an organization whose primary purpose is to publish and distribute any publication on campus or a regular publication of an organization.
(8) All other terms have their natural meaning unless the context dictates otherwise.
(6) The term 'shall' is used in the imperative sense.
Access to Higher Education
ART. 4. Under no circumstances may an applicant be denied admission because of race, religion, ethnic background or political affiliation.
Classroom Expression
ART. 5. Discussion and expression of all views relevant to the subject matter is permitted in the classroom subject only to the responsibility of the instructor to maintain order.
A. Students are responsible for learning the content of any course for which they are enrolled.
B. Students are responsible in classroom discussion and submission of written exercises
C. Students are not consistent with this School's policies.
ART. 6. Academic Evaluation of student performance shall be neither prejudicial nor capricious.
ART. 7. Information about student views, beliefs, and political associations acquired by professors in the course of their work as instructors, advisors, and counselors, is confidential and is not to be disclosed to others unless by consent of the student.
A. Questions relating to intellectual or skills capacity are not subject to this section except that disclosure must be accompanied by notice to the student.
Campus Expression
ART. 8. Discussion and expression of all views is permitted within the university subject only to requirements for the maintenance of order.
A. Support of any cause by orderly means which do not disrupt the operation of the institution permitted. (See Section 24, (c), (1))
ART. 9. Students, groups, and campus organizations may invite and hear any persons of their own choosing subject only to the requirements for use of university facilities.
Campus Organizations
ART. 10. Organizations may be established within the university for any legal purpose whether the aims are religious or educational. If an organization shall not disqualify the university-based branch or chapter from university privileges. Membership in all university-related organizations shall be open to any member of the university community who is willing to subscribe to the stated aims of the organization.
(a) A student may not be denied the rights of access to and participation in any universityiversity approved activity because of race, religion, sex, ethnic background or political affiliation.
ART. 11. In order for an organization to receive university funds the organization shall file with the Student Executive Committee of the Student Senate a list of officers and their addresses, and, a declaration that the organization shall abide by the rules and regulations of the University Senate or Student Senate.
ART. 12. The Student Senate delegates to each organization or living group responsibility for establishing rules concerning social conduct. An organization or living group may discipline any member provided that the process employed does not conflict with any rights guaranteed by this constitution. Any secondary action taken shall not affect a members' rights and privileges as a student of this university.
ART. 13. Use of Facilities. University facilities shall be assigned to student organizations for regular business meetings, social functions, and for programs open to the public. Reasonable restrictions on use of facilities may be imposed unless space assigned, time of use, and to ensure proper maintenance of the facilities. Subject to the same limitations, university facilities should be made available for assignment to individuals or groups within the university community, even though not formally organized; but preference may be given to programs designed for audiences consisting primarily of mem-
Use of University Funds
ART. 14. The Student Senate has sole authority to allocate university funds designated student resources upon submission of budgets to, and approval by, the Student Senate.
ART. 15. A student, group, or organization may distribute written material on campus without prior approval.
(a) Where funds are allocated to a student organization, financial accountability shall be required.
Freedom of Protest
ART. 16. The student press must be free of censorship, and its editors and managers must be protected from arbitrary suspension arising out of student, faculty, administration, alumni, or community disapproval of editorial policy or content. Similar freedom must be assured for the oral statement of views on a university-controlled radio or television station.
ART. 17. The right of peaceful protest within the university community must be preserved. University retains the right to assure the safety of individuals, the protection of property, and the freedom of speech.
The tenure of editors and managers should be determined by the regularly elected student editor, who should accept the position on behalf of the department only by the same bodies in accordance with fair and orderly procedures prescribed in advance.
(a) Picketing and External Access to University Buildings. Orderly picketing and other forms of peaceful protest are protected activities on university premises in the absence of interference with free passage through areas where members of the university community have a right to be.
(b) Control of University Buildings. Peaceful picketing and other orderly buildings, including corridors outside auditoriums and other places set aside for public meetings.
(c) Every student enrolled in the university has the right to be interviewed on campus by any legal organization which desires to recruit at the campus. Any student or group of students has the right to protest against the appearance on campus of any organization provided that protest does not interfere with any other student's opportunity to have an interview.
Violation of Law and University Discipline
ART. 18. If a university student is charged with an off-campus violation of law, the matter should be on no disciplinary concern to the university unless the student is incarcerated and the case goes to court.
If the violation of law occurs on campus and is also a violation of a published university regulation, the university may institute its own proceedings against the offender if the university interest involved is clearly distinct from that of the community outside the university. The university must then provide that if the offence of prosecution of a student is anticipated or after law enforcement officials have disposed of the case.
Privacy
ART. 20. The institution is neither arbiter or enforcer of student morals. No inquiry is permitted into the activities of students away from the campus where their behavior is subject to regulation and control by public authorities. Social morality on campus, is of no disciplinary concern to the institution.
ART. 19. Students have the same rights of privacy as any other citizen and surrender none of those rights by becoming members of the academic community. These rights of privacy extend to reservation of living with a institutional relationship or residence hall contract may expressly or impliedly give an institution authority to consent to a request of a student's room by police or other government officials.
ART. 21. When the institution seeks access to a student room in a residence hall to determine compliance with provisions of applicable multiple dwelling unit laws or for improvement or repairs, the occupant shall be notified of such action not less than twenty-four hours in advance. The security and safety services in emergencies where imminent danger to life, safety, health, or property are reasonably feared.
ART. 22. In all cases involving suspected violation of residence hall regulations, entry shall be permitted only upon the securing of an administrative warrant from the body in that hall be required for the adjudication of violations of its regulations. The warrant to be effective must be based on facts sufficient to establish probable cause that a violation has occurred or is taking place.
Confidentiality of Records
ART. 23. Respect must be accorded the essentially confidential relationship between the university and its students by preserving to the maximum extent possible the privacy of all records relating to them.
The official student academic record, supporting documents, and other student files are confirmed to be maintained only by full-time members of the university staff employed for that purpose.
2) Separate files shall be maintained, as follows:
(a) Academic records, supporting documents, and general educational records.
(b) Records of disciplinary actions.
(b) Records of discipline proceeding
(a) Medical and psychiatric records
(c) Recruit and pay personnel
(d) Financial aid records.
(3) No entry shall be made on a student's academic record, and no document shall be placed on the records of any other person. (4) A student who receives an honor of honors shall be deemed actual notice. Any student wishing to challenge the accuracy of any entry in his record or the presence of any item in his file may bring the equivalent of an equitable action against the appropriate administrator before the judicial body to which he was charged.
(4) Each student shall have access to his records and files subject only to reasonable regulation as to time, place, and supervision.
d) information relating in any way to any of the following categories is not relevant to the decision-making process, and the contribution to any such matter except upon the express written request of the student in question.
(b) Religion
(c) Political or social views.
(6) Except with the prior written consent of the student concerned, or as stated below, no information in any student file may be released to any individual or organization.
(d) Membership in any organization other than honorary and professional organizations directly related to the educational process.
(3) record-keeping personnel may have access to student records and files only as stated in paragraph (1) above.
or for the faculty with administrative assignments may have access to records and files for internal educational purposes, as well as for routinely necessary administrative and statistical records. The disciplinary records is limited to the officials responsible for those matters. No one having access under this paragraph may disclose information beyond that listed in (c) or (d) below.
The following information may be given any inquirer, and the only information to be released is that of the inquirer. In addition to enrollment; and (iii) degree awarded, honors, major field, and date. In addition to the above, a student's address, telephone number, date of birth, and signature may be confirmed if the inquirer asserts that the inquirer's information is incomplete or incorrect.
(a) properly identified officials from federal, state, and local agencies may be given the proper information if expressly requested. (i) school or division of enrollment; (ii) periods of inpatient care; (iii) nature of academic record in general, i.e., excellent, good, fair (not specific grades); (v) address; and (vi) name and address of parent or guardian.
(vi) verification of signature; and (vii) name and address of parent or guardian.
<sup>(b)</sup> Under no circumstances may any person making an inquiry be given personal access to
the academic record may be retained subject to the limitations on discla-
stated. social records may be retained so long as any objection to the university continues
(a) This academic except as follows:
(а) The academic record may be retained subject to the limitations on disclosure above
any student file.
2) No record shall be preserved beyond graduation or other final departure from the univer-
city of any student except as follows:
* academic record may be retained subject to the limitations on disclosure above
(6) Financial records may be retained so long as any obligation to the university continues or is fulfilled. In such a case, the subject to the limitations on disclosure imposed by the normal rules for privileged information.
RT. 24. Proscribed Conduct
1. A student who, on University premises or at University sponsored or supervised functions, may another in threat of serious bodily harm, or commits a battery upon any person, shall be subject to imprisonment for life.
SECTION A. OFFENSES AGAINST PERSONS
2. For a second offense under this section, a student shall be subject to a sanction of not less than suspension.
SECTION B. OFFENSES AGAINST PROPERTY
1. A student who, on University premises, steals or takes or carries away the money or other property of a student, or is in violation of a warning or a warning, restitution and a fine of not more than one-half the value of the property involved.
A student who, on University premises, steals or takes or carries away the money or other person with him, is a criminal. The punishment for not more than one-half the value sanctioned of not more than suspension, restitution and a fine of not more than one-half the value
3. A student who embezzles or without proper authority converts to his own use any money or other personal property entrusted to him by a University office or Organization of the value of fifty dollars or less shall be subject to a warning, restitution and a fine of not more than one-half the value of the property involved.
4. A student who embezzles or without proper authority converts to his own use any money or other personal property entrusted to him by a University office or Organization of the value of more than fifty dollars shall be subject to a sanction of not more than suspension, restitution and a fine of not more than one-half the value of the property involved.
A student who willfully and maliciously breaks, destroys, or damages University property, or the institution's organizations located on university premises shall be subject to not more than suspension for five days of fine.
not threaten suspension, restitution and a hite hot to exceed one hundred dollars. 6. For a second offense under this section a student shall be subject to a maximum sanction of expulsion
SECTION C. OFFENSES AGAINST THE ORDERLY PROCESS OF THE UNIVERSITY
1. A student who intentionally causes a substantial disruption or obstruction of (a) teaching, research administration, disciplinary proceedings, or other University activities, or (b) other authorized staffed, or constitutionally protected activities on University premises, including employment recruitment and public service functions, shall be subject to a sanction not greater than suspension.
2. A student who knowingly furnishes false information to the University or forges or alters a transcript with an identification with intent to defraud shall be subject to a sanction of not greater than suspension.
3. For a second offense under this section a student shall be subject to a maximum sanction of expulsion.
SECTION D. SANCTIONS DEFINED. LISTED IN THE ORDER OF INCREASING SEVERITY,
SANCTIONS ARE DEFINED AS FOLLOWS.
1. ADMONITION: An oral statement to a student that he is violating or has violated University rules.
2. WARNING: Notice orally or in writing that continuation or repetition of conduct found wrong will take a period of time stated in the warning, may be cause for more severe disciplinary action.
3. CENSURE: A written reprimand for violation of specified University rules including the penalty for violatingciplinary sanction in the event of the finding of a further violation within a stated period of time.
4. DISCIPLINARY PROBABILITY Exclusion from participation in privileged or extracurricular activities as set forth in the notice for a period of time not exceeding one school year.
take the form of appropriate service or other compensation.
6. FINISH a money payment to a designated University fund.
7. SENSES
7. SUSPENSION: Exclusion from classes and other privileges or activities as set forth in the notice for a definite period not to exceed two years.
8. EXPULSION: Termination of student status for an indefinite period. The conditions of readmission, if any, shall be stated in the order of expulsion.
SECTION E. LIMITATIONS.
1. No sanctions or other disciplinary measures may be imposed against a student by the University concerning student nonacademic conduct other than that (1) proscribed in these sections, or (2) proscribed in rules of nonacademic conduct adopted by other University organizations pursuant to express authorization granted by the Student Senate.
2. No charge under these sections may be brought against a student if more than thirty days have elapsed since the discovery of a violation of University rules concerning nonacademic conduct.
25. Authority for the promulgation of rules concerning student nonacademic conduct resides in the Student Senate pursuant to Article III, Section 4 of the University of Kansas Senate Code.
AUTHORITY