The University of Nebraska and its campuses have promulgated various policies, regulations, statements of purpose and operation, while adhering to the principles deemed necessary for functioning as institutions of higher education. We, at the University of Nebraska at Omaha, with the counsel and advice of students, faculty, and staff, have identified and compiled what are thought to be some of the most basic and important policy statements especially as they relate to students.

To create greater awareness among and for convenience to students, a number of basic policies have been compiled into a "Statement of Student Rights and Responsibilities." While most, but not necessarily all, policies pertaining to students' rights and responsibilities are contained herein, students are urged to become familiar with all documents pertinent to the University of Nebraska in general and to UNOmaha in particular.

SECTION I

The Board of Regents Bylaws, Chapter 5, contains a series of policies entitled "Responsibilities and Rights of Students." A number of those policies are contained in this section, with the remainder being incorporated into other applicable sections.

1. Statement of Responsibility. Students, like all members of the academic community, have the responsibility to create and support an educational environment. Each member of the community should be treated with respect and dignity. Each has the right to learn. This right imposes a duty not to infringe upon the rights of others. The academic community should assure its members those opportunities, protections, and privileges that provide the best climate for learning. (Bylaws, Section 5.0)
   
   
2. Publicity of Rules Affecting Students. Each major administrative unit shall publicize and keep current all rules, regulations, and policies concerning students, and insure that they are readily available to all students and other interested persons. (Bylaws, Section 5.1)
   
   
3. Admissions Criteria. The University shall publish the criteria for admission, academic progress, certificates, and degrees for all colleges and schools of the University. Admission to the University and the privileges of University students shall not be denied to any person because of age, sex, race, color, national origin, or religious or political beliefs. (Bylaws, Section 5.2)
   
   
4. Academic Evaluation.
   
   
   1. Students shall be informed of the requirements, standards, objectives, and evaluation procedures at the beginning of each individual course. Each student shall be given a performance evaluation during the progress of the course if requested.
      
      
   2. Each college or school shall provide for a faculty-student appeals committee for students who believe that evaluation of their academic progress has been prejudiced or capricious. Such procedure shall provide for changing a student's evaluation upon the committee's finding that an academic evaluation by a member of the faculty has been improper.
      
      
   3. Each college or school shall provide a mechanism by which students have an opportunity to report their perceptions of courses and the methods by which they are being taught, provided, however, that such mechanism shall protect members of the faculty from capricious and uninformed judgments. (Bylaws, Section 5.3)
   
   
5. Student Communications Media. Student publications and broadcasting stations shall be supervised in a manner such that editorial freedom will be maintained and that the corollary responsibilities will be governed by the canons of ethical journalism. Student publications financed in whole or in part by fees collected from all students at UNOmaha shall be supervised by a Publications Committee. This Committee shall have full responsibility of a publisher and the power of decision on the proper application of the canon of ethical journalism. Students shall comprise a majority of the membership, but the committee shall also include members of the faculty and professional journalists from outside the University. (Bylaws, Section 5.9)
   
   
6. Eligibility for and Participation in Extracurricular Activities. Each major administrative unit of the University shall permit students to organize and join associations to promote their common interests and shall establish procedures for the official recognition of these organizations for use of campus facilities. Each such recognized student organization shall be required to comply with all applicable federal and state statutes and University regulations. (Bylaws, Section 5.10)
   
   Co-curricular activities are offered by the University to meet the needs and interests, and to promote the development of special skills, of its student population. To participate as a member in any recognized University organization, a student must be registered (officially and continuously enrolled in at least one credit course, excluding audit hours).
   
   To participate as a member in any recognized extracurricular activity, a graduate student must be in good academic standing as defined by the Graduate College. This requirement supersedes the membership rules, constitutions, and bylaws of all organizations. It is assumed that sponsors and officers of all organizations shall establish and enforce membership requirements which may be more, but not less, stringent than the foregoing. Under all circumstances, however, University policy prohibits denial of University privileges to students on the basis of race, color, religion, sex, disability, age, national origin, or other factors which, lawfully, cannont be taken into consideration.
   
   
7. Campus Speakers. The purpose of a speakers program is to advance the general educational purposes of the University by putting before the University community a broad range of ideas in a variety of contexts. The organizations administering speaker programs should make every attempt to provide balance on all subjects.
   
   UNOmaha's procedures will insure the orderly and adequate preparation for the event. However, the control of campus facilities will not be used as a device of censorship. (Bylaws, Section 5.11)

SECTION II

1. Public Information Regarding Students. In compliance with the federally-enacted Privacy Act and as defined by the Board of Regents, public information regarding students attending UNOmaha shall be the student's name, current address, permanent address, year at the University, and academic major field of study. The names of students mentioned in some kinds of campus security reports concerning accidents and incidents may also be released to the public. Each major administrative unit shall define the kinds of reports and information that may be released to the public. Information contained in personal files of the student is considered confidential and requires written authorization by the student for release to the public. Records with names and personal identification deleted may be available for governmental or University-approved research and analysis. Public information will be released by the Registrar to anyone upon inquiry, unless the student has requested that specific items not be released. The student's request to have public information withheld should be filed at the Office of theRegistrar. (Bylaws, Section 5.6)
   
   An explanation of this Act and its application at UNOmaha is available to all students. Copies may be obtained at the Registrar's Office, Office of Student Organizations and Leadership Development, the University Information Center, The Orientation Office, or the Office of the Vice Chancellor for Student Affairs.
   
   
2. Counseling/Medical Records. Information exchanged with and/or maintained by a professional counselor/psychologist or medical personnel about a student client will remain confidential.
   
   
3. Disciplinary Records. Information concerning students obtained as a result of counseling or disciplinary actions will not be made available to unauthorized persons within the University or to any person outside the University without the expressed written consent of the student involved except under legal compulsion or where the safety of others is involved. UNOmaha may disclose to an alleged victim of any crime of violence the results of any disciplinary proceedings conducted against the alleged perpetrator of such crime with respect to such crime. The University shall provide for the periodic destruction of noncurrent disciplinary records, upon a student's graduation or after two years from the last day of attendance, unless under suspension or expulsion from the University. (Bylaws, Section 5.6.1 and 5.7)
   
   
4. Title IX. How Title IX Affects Your Educational Experience.
   
   
   1. Admissions. Women and men must be given equal opportunities for admission to undergraduate public institutions, graduate, and professional programs. Applicants may not be ranked separately on the basis of sex nor may numerical limitations be applied on the number or preparation of students of either sex who may be admitted.
      
      
   2. Athletics. Women and men must be provided with equal opportunities in intercollegiate, club or intramural athletics, and access to athletic facilities. Separate teams may be offered to members of each sex where selection for such teams is based upon competitive skill or activity involved is a contact sport. Women and men must have separate shower facilities and sports equipment.
      
      
   3. Career and Counseling Services. Women and men may not be discriminated against on the basis of sex in the counseling and guidance of students. Sex-biased assessment or test materials may not be employed. The Career Center must be assured that employment is made available without sex discrimination and may not list and publicize employment opportunities which discriminate on the basis of sex.
      
      
   4. Course offerings. Classes must be offered to both women and men on an equal basis and must be open to both sexes. This includes health, physical education, industrial, business, vocational, technical, home economics, music, and continuing education courses. Students may be separated by sex within physical education classes during participation in contact sports.
      
      
   5. Financial Aid. Women and men must be given equal opportunities to receive financial aid, which includes scholarships, grants, loans and participation in work/study programs. Sex-restricted scholarships may be offered only as long as the total amount of money offered to both sexes is equal. Reasonable opportunities must be provided for athletic scholarships for members of each sex in proportion to the number of each sex participating in athletics.
      
      
   6. Health Services. Women and men must have equal access to health services.
      
      
   7. Housing. The University may not offer different rules or regulations or other different services or benefits related to housing on the basis of sex.
      
      
   8. Student Activities. Women and men may not be subject to separate or different rules of behavior, sanctions, or treatment in academic, extracurricular, and research activities on the basis of sex. Membership requirements for student activities and organizations must be the same for women and men with the exception of social fraternities and sororities. As members of organizations, students must be allowed to participate equally and may not be assigned or denied office or benefits on the basis of sex.
      
      
   9. Student Employment. Women and men must be allowed equal opportunities for and access to student employment and subsequent raises and promotions. Benefits for employment must be equally provided, regardless of sex.
      
      
   10. Complaint Procedure. Any student having a complaint regarding discrimination is urged to bring the complaint to the attention of the Assistant Vice Chancellor for Student Development Services, Eppley 113, (402) 554-2409.
       
       
   11. For Further Information. The following campus offices and services have further information about Title IX: The Office of the Vice Chancellor for Student Affairs, and the Reference Department, University Library. You are welcome to come in to read or obtain copies of available materials.
   
   
5. Policy Regarding Distribution of Printed and Other Materials at the University of Nebraska at Omaha. Students are free to express their beliefs and concerns in a variety of ways. Printed and other materials offered free of charge may be distributed at any location on the campus as long as such distribution does not interfere with normal traffic or functions of the University. Such materials may be distributed by any UNOmaha-affiliated person provided such is accomplished in an orderly manner within the framework of University policies and the law. If specific space for distribution of material is desired, a location may be reserved in a designated area of the Milo Bail Student Center, in accordance with existing policies and procedures governing space reservations. Special care is requested of any and all parties distributing literature to prevent littering of the campus and surrounding areas. Such activity shall be conducted so as not to interfere with the rights of others or the normal activities of the University. Any material offered for sale, solicitation of donations, or posting on University bulletin boards, must comply with UNOmaha policy concerning these matters. Contact the Director of the Milo Bail Student Center or the Office of the Vice Chancellor for Student Affairs if more specific information is desired.
   
   
6. UNOmaha Information Technology Services. The facilities of UNOmaha Information Technology Services are available to students, faculty, and staff of this institution for the purpose of instruction, research, and other activities defined by the Chancellor. The computer facilities are University property and their operation is part of University operations. The Student Code of Conduct addresses offenses related to the properties and operation of the University, and, therefore, applies to computer use and facilities as it applies to all other University resources.

Acceptance of registration by the University of Nebraska and admission to any educational program of the University does not constitute a contract or warranty that the University will continue indefinitely to offer the program in which a student is enrolled. The University expressly reserves the right to change, phase out, or discontinue any program.

The listing of courses contained in any University bulletin, catalog or schedule is by way of announcement only and shall not be regarded as an offer of contract. The University expressly reserves the right to:

1) add or delete courses from its offerings,
2) change times or locations of courses or programs,
3)change academic calendars without notice,
4) cancel any course for insufficient registrations, or
5) revise or change rules, charges, fees, schedules, courses, requirements for degrees, and any other policy or regulation affecting students, including, but not limited to, evaluation standards, whenever the same is considered to be in the best interests of the University.

SECTION IV

Right to Public Hearing. It shall be the right of any individual member or group of members of the University (i.e., students, faculty, or administrators) to be granted upon petition to the appropriate policy making body or office, a public hearing at which the policy indicated by the group of petitioners in their petition shall be discussed. The policy making body or office petitioned shall schedule the hearing for some time convenient to the interested parties if possible, no later than two weeks after the petition submitted during periods when the University is in session, and shall announce publicly in advance the time and place of the hearing. At the hearing, that body responsible for the policy indicated in the petitions shall clarify said policy, offer the reasons which justify the policy in view of the objections or questions raised about it in the petition, and respond to any additional questions or criticisms of the policy or related policies raised at the hearing by any member of the University. It is expected that before such a petition is submitted, all other normal channels for raising questions about the policy have been exhausted. If, in the view of the policy making body or office to whom the petition is submitted, the petition is merely a form of harassment or adequate answers are available through other normal channels, the petition may be referred to the relevant committee to determine whether the hearing must be held. A decision by the Committee not to hold a public hearing shall be overruled by the submission to that committee of a petition requesting such hearing and signed by at least 100 members of the University community.

SECTION V

1. Peaceful Demonstration
   
   UNOmaha is an academic community founded upon a belief in rational dialogue and mutual respect among its members. The opportunities for communication within the University are many and varied, and the University welcomes suggestions for enlarging or improving them.

   The nature of the academic community demands that all members strive to maintain the rational dialogue which is the cornerstone of the University. There is no conceivable issue, be it a question of academic and administrative policy or of student rights and freedoms, that cannot be approached within the framework of free discussion.

   The University also acknowledges the rights of members to express their views by peaceful demonstration. The response of the University to any disruptive behavior which may occur must ultimately depend on the judgement of the officials who are in charge.

   Board of Regents policy states that, in cases of disruption of normal University activities, the Chancellor or his/her designee will, in accordance with University policies and procedures, take necessary steps to restore the University to its normal function. The Chancellor or his/her designee may, in the event of refusal to disperse upon request, impose temporary action, including suspension of those persons disrupting the normal function of the University.

   The determination as to whether disciplinary action will be initiated for violations of University rules and regulations by students will be made by the Vice Chancellor for Student Affairs.

2. Demonstrations.
   
   Members of the academic community, including the guests of the University, have the right of extensive latitude in making their opinions known. It is understood, however, that in exercising this right the rights of others must not be jeopardized. The public explorations and resolution of differing views can be successful only when groups and individuals discuss the issues in forums where the right to disagree and to speak freely and be heard is preserved. Within this context, the University community recognizes peaceful demonstrations as a legitimate means of expressing one's opinion.

   The preservation of freedom of speech, and the recognition of the right to peaceful demonstration as part of that freedom, is possible only in an orderly environment in which individuals are not endangered by force or violence, and in which they are free from coercion and interference in the exercise of their rights or in carrying out their legitimate activities. Consequently, in the specific cases of campus demonstrations, the University community may impose behavioral restrictions which are necessary to preserve the orderly functioning of the University and the right of all to be heard. Such restrictions fall into two categories:
   
   

   1. Prevention of violence or the use of force:
      
      Demonstrations which coerce individuals or which constitute a hazard to the safety of any persons or which threaten destruction property are not protected by freedom of speech provisions and will not be tolerated. Similarly, a hostile audience will not be allowed to interfere with a peaceful demonstration.
   2. Protection from interference with University operations:
      
      The University community may restrict conduct which interferes with the holding of classes, the carrying forward of University business, properly organized and scheduled University events, or the discharge of responsibility by any University officer, employee or student. Although the mere presence of demonstrators in public areas within buildings does not necessarily constitute interference, demonstrators cannot be allowed physically to obstruct access to University facilities. Noise and boisterous activity is objectionable when it prevents others from exercising their rights and duties. Persons engaging in disruptive action shall be subject to disciplinary measures, including separation from the University, and also to charges of violation of the law.
   
   
3. Response to Disruptive Action
   
   The response of the University to disruptive behavior must ultimately depend on the judgment of the officials who are in charge. However, the following guidelines should be observed:
   1. Every effort will be made to end the disruption through reason and persuasion. These efforts shall include a clear indication of the willingness to discuss issues and to make clear the procedures for discussion and arbitration of the issues involved. Discussion of the issues will not be conducted under condition of duress.
      
      
   2. If the discussion method fails, the individuals involved will be notified that they are in violation of University regulations and they will be asked to cease the activity. In the event the alleged violators do not cease the activity within a reasonable length of time, temporary sanctions, which may include conduction probation and, if necessary, suspension, may be imposed on the scene. However, unless both the student and the University officials agree to a postponement, the University must hold disciplinary hearings within five (5) school days or the temporary sanctions will be dissolved. Such disciplinary hearing shall be held, as far as possible, in accordance with the established disciplinary procedures of the University. No temporary sanction shall be made part of a student's permanent record. If a student is found innocent of the action for which temporary sanctions were imposed, no record of the temporary sanction or of the hearing shall become part of any of the student's files or records, and the student shall be given the opportunity to make up any work which was not completed because of the disciplinary action.
      
      
   3. If the use of institutional sanctions and discussion methods are not effective in ending disruptions, or when alleged violators are not members of the University community, extra-institutional methods (including the invoking of police force) may be used. Nonmembers of the University community who are engaged in disruptive behavior may be referred to civil authorities for appropriate action.
      
      
   4. Evidence regarding the activity of nonstudent members of the University community who are alleged to have engaged in disruptive behavior may be referred to their supervisors for appropriate action. The University community abhors the use of force as a method for settling disagreement and will always make exhaustive attempts to deal with issues by rational methods. When, however, such rational efforts prove ineffective or when imminent danger to life or property exists, more forceful methods shall be used to protect the rights and property of members of the community.

   Student Code of Conduct
   
   Preamble
   
   University students are both citizens and members of the academic community. As members of the academic community, students are subject to the obligations which accrue to them by virtue of this membership. As members of the larger community of which the University is a part, students are entitled to all the rights and protections enjoyed by other members of that community. By the same token, students are also subject to all civil and criminal laws, the enforcement of which is the responsibility of duly constituted civil authorities.

   It should be emphasized that when a student's violation of the law also adversely affects the University's pursuit of its recognized educational objectives, the University may enforce its own regulations regardless of any civil or criminal proceedings or dispositions. When students violate a University regulation, they are subject to disciplinary action by the University whether or not their conduct violates civil or criminal law. If a person's behavior simultaneously violates a University regulation and the civil law, the University may take disciplinary action independent of that taken by civil authorities. When students violate laws off campus, they may incur penalties described by civil authorities. University discipline will be initiated only in instances of student misconduct which distinctly and adversely affects the University's pursuit of its recognized educational purposes.

   Sanctionable Conduct
   
   The following examples of personal misconduct under this code (not, however, to be deemed exclusive of others) shall result in University disciplinary action:
   
   

   1. Respect for the Protection and Rights of Others
      
      
      1. Aggressive/Abusive Behavior/Physical or Verbal
         
         
         1. Physically abusing or threatening to physically abuse any person.
            
            
         2. Any act occurring on the University campus which intentionally disturbs the peace and quiet of any person or groups of persons.
            
            
         3. Conduct which is unreasonably dangerous to the health or safety of other persons or oneself.
            
            
         4. Verbal behavior that involves an expressed or implied threat to interfere with an individual's personal safety, academic efforts, employment, or participation in University sponsored extracurricular activities or causes the person to have a reasonable apprehension that such harm is about to occur.
            
            
         5. Disorderly, lewd, indecent or obscene conduct, including the expression of such on University-owned or controlled property or at University sponsored or supervised events.
         
         
      2. Discrimination/Harassment/Intimidation
         
         
         1. Any form of discrimination because of race, color, age, disability, religion, sex (including sexual harassment), national origin, marital status, Vietnam-era veteran status, political affiliation , sexual orientation, or any unlawful reason. Unwelcome sexual advances, requests for sexual favors, and other physical, verbal or visual conduct based on sex constitute sexual harassment when (1) submission to the conduct is an explicit or implicit term or condition for employment or academic standing, (2) submission to or rejection of the conduct is used as the basis for an employment or academic decision, or (3) the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working/academic environment.
            
            
         2. Intentionally and substantially interfering with the freedom of expression of others on University premises or at University sponsored activities.
         
         
      3. Hazing
         
         Any act which endangers the mental or physical health or safety of a student, or which damages or removes public or private property for the purpose of initiation into, admission into, affiliation with, or as a condition for continued membership, in a group or organization.
      4. Sexual Imposition/Date Rape
         
         Unwelcome sexual advances, requests for sexual favors, obscene phone calls, indecent exposure, sexual assault, or other uninvited behavior of a sexually explicit nature which would be offensive to a reasonable person.
      5. Smoking
         
         Smoking in any University building or vehicle.
      6. Violations by Student Organizations
         
         A student organization shall be deemed responsible for acts of misconduct committed by individuals where such acts: are mandated, sponsored, approved, or encouraged by the groups or organization, whether explicitly or implicitly; take place in the context of a tradition, custom, or past practice of the group or organization; or are reasonably foreseeable as a result of an activity carried on by the group or organization. When a group is charged with misconduct, the presiding officer, and, if appropriate, other student leaders thereof shall be required to participate in disciplinary proceedings conducted under this code as representatives of the group. Examples of regulations established for student organizations which may result in the imposition of sanctions against a student organization include, but are not limited to, misappropriation of funds, equipment, etc., improper registration of student organizations, abuse of student election regulations, or failure to abide by University regulations.
      
      
   2. Respect for the UNOmaha Community
      
      
      1. Alcohol/Drug Abuse
         
         The illegal possession, use or distribution of drugs or alcohol by students is a violation of University rules as well as state and federal laws. The Board of Regents of the University has directed officers of the University to cooperate with state and federal agencies in the prevention of drug abuse. In satisfaction of the mandate and in order to fulfill its obligations under the Drug Free Workplace Act of 1988 and the Drug Free Schools and Communities Act of 1989, the University has formulated standards of conduct for students which prohibit the following acts:
         
         
         1. Use, possession, manufacture, distribution or sale of illegal drugs or drug paraphernalia on University premises or while on University business or at University activities, or in University vehicles.
            
            
         2. Unauthorized use, possession, manufacture, distribution, or sale of a controlled substance as defined by the Federal Controlled Substances Act, 21 U.S. C. Sections 801 et seq., or Nebraska Drug Control Laws, Neb. Rev. Stat. Sections 28-401 et seq., on University premises, or while engaged in University business or attending University activities, or in University supplied vehicles.
            
            
         3. Unauthorized use, manufacture, distribution, possession or sale of alcohol on University premises or at University activities, or in University supplied vehicles.
            
            
         4. Storing in a locker, desk, vehicle, or other place on University owned or controlled property any unauthorized controlled substances, drug paraphernalia or alcohol.
            
            
         5. Use of alcohol off University premises that adversely affects student's academic performance or safety or the safety of others.
            
            
         6. Possession, use, manufacture, distribution or sale of illegal drugs off University premises that adversely affects the student's academic performance, safety or the safety of others.
            
            
         7. Violation of state or federal law relating to the unauthorized use, possession, manufacture, distribution or sale of alcohol, controlled substances or drug paraphernalia.
            
            
         8. Manufacturing, distributing, selling, offering for sale, or possessing anabolic steroids (except under the supervision of a physician) or any illegal drug or narcotic including, but not limited to: barbiturates, hallucinogens, amphetamines, cocaine, opium, heroin or marijuana.
         
         
      2. Attempts and Complicity
         
         
         1. Intentionally filing a false complaint under this code or aiding or abetting any conduct described in this code.
            
            
         2. Abuse of the University judicial system, including but not limited to, failure to obey the summons of a judicial body or University official; falsification, distortion, or misrepresentation of information before a judicial body; disruption or interference with the orderly conduct of judicial proceedings; instituting a judicial proceeding without cause; attempting to discourage an individual's proper participation in or use of the judicial system; attempting to influence the impartiality of a member of a judicial body prior to and/or during the course of the judicial proceeding; failure to comply with sanctions imposed under this code; or influencing or attempting to influence another person to commit an abuse of the judicial system.
         
         
      3. Bad Debts/Financial Responsibility
         
         
         1. Fraud in attempting to obtain, or misusing, financial aid.
            
            
         2. Failure to pay a financial obligation owing to the University or to any department, division, or agency thereof. Not only may disciplinary action be taken, but the student will be denied access to grade reports, future registrations, readmission, diplomas, and transcripts.
         
         
      4. Computer Related Misconduct
         
         
         1. Unlawful or unauthorized access to or use of computers, computer networks and computer data, programs, materials or information.
            
            
         2. Accessing or attempting to access computing resources or computer-based information without proper authorization.
            
            
         3. Disrupting the intended use of computers or computer networks.
            
            
         4. Damaging or destroying computer equipment or computer-based information.
            
            
         5. Violating copyright laws or license restrictions with respect to the copying or use of computer programs, data, materials or information.
            
            
         6. Unauthorized use of another person's password.
            
            
         7. Unauthorized lending or borrowing an account number.
            
            
         8. Using the computer facilities for purposes other than those for which the account number was issued.
            
            
         9. Storing game programs on allocated disk space or private tape, except when authorized in writing by the Director of Information Technology Services.
            
            
         10. Copying, altering, or destroying the files or output of another individual without the express written permission of that individual.
             
             
         11. Intentionally abusing or misusing the computer facilities so as to cause damage, program disturbances or harassment to other persons.
         
         
      5. Deception/Falsification/Misrepresentation
         
         
         1. Forging, altering, or otherwise falsifying any University document, any University record or any University instrument of identification, or assisting another in such misconduct.
            
            
         2. Borrowing, lending or improperly possessing any University instrument of identification.
            
            
         3. Submitting false information to any member of the faculty or staff or to any University office.
            
            
         4. Falsely representing oneself as a University employee.
         
         
      6. Disruption of University Business
         
         
         1. Leading or inciting others to materially and substantially disrupt scheduled activities at any location on the campus.
            
            
         2. Material and substantial disruption or obstruction of teaching, research, administration, or other University activities, including its public service functions on or off campus, or other authorized activities on the campus.
            
            
         3. Obstruction of ingress to or egress from any University building or facility.
            
            
         4. Unauthorized occupation or use of or entry into any University building or facility including both indoor and outdoor facilities.
         
         
      7. Endangerment of Individuals or the Safety of Individuals
         
         
         1. False fire alarms, bomb threats, fire:
            
            
            1. setting fire on any University owned or controlled property;
               
               
            2. setting off a fire alarm for reasons other than actual fire or emergency;
               
               
            3. reporting a false fire alarm or bomb threat affecting University owned or controlled property or at a University sponsored event.
            
            
         2. Failure to evacuate
            
            
         3. Tampering with fire safety equipment, signs or devices.
            
            
         4. Failure to follow safety standards:
            
            
            1. failure to report a fire or any other dangerous condition when known or recognized on the campus;
               
               
            2. tampering with elevator controls and/or equipment;
               
               
            3. willful failure to follow safety standards.
         
         
      8. Firearms/Explosives/Weapons
         
         Possessing, using or selling firearms, fireworks, ammunition, other dangerous weapons (including paint guns, pellet guns, BB guns and knives) or dangerous chemicals on the campus.
      9. Gambling
         
         Gambling activity in violation of the laws of the state of Nebraska or of the United States.
      10. Identification/Interference of Duty
          
          
          1. Failure to produce either a University identification card or driver's license upon request.
             
             
          2. Obstructing or failing to comply with the directions of an law enforcement officer, fire fighter, or University official in the performance of duty on the University campus, or at any activity or event sponsored by tho University or any recognized student organization.
          
          
      11. Misuse of Confidential Information
          
          Unauthorized use or access to information, in whatever form, proprietary to the University or a University official or employee.
      12. Traffic Safety
          
          Serious traffic violations on the campus, including operating any vehicle while intoxicated, speeding, reckless endangerment or reckless driving.
      13. Telephone and Related Equipment Abuse
          
          Charging or causing to be charged any long distance or other toll telephone calls to University telephones without proper authorization.
      14. Unauthorized Entry/Use of Facilities
          
          
          1. No person may be present in any class, lecture, laboratory period, orientation examination, or other curricular instructional session or in any room, office or laboratory without the consent of an authorized University official.
             
             
          2. The reproduction, duplication, manufacture, or possession of any key or unlocking device for use on University facilities or locks without proper authorization.
          
          
      15. Other
          
          Violations of any applicable local laws or any laws of the state of Nebraska or of the United States on University owned or controlled property or at University sponsored or supervised events.
   3. Respect for Property
      
      
      1. Theft of, or intentional damage, destruction, or defacement of University property or property of any person while on University owned or controlled property.
         
         
      2. Receipt or possession of property known to be stolen and/or possession, without permission, of property of the University or of a member of the University community.
      
      
   4. Disciplinary Procedures and Sanctions.
      
      The following procedures are designed to protect students' rights as set forth by the Board of Regents.
      1. Allegations of student misconduct shall be forwarded in writing to the Office of the Vice Chancellor for Student Affairs. The Vice Chancellor shall investigate the charges and determine the facts applicable thereto. If allegations are found to be invalid by the Vice Chancellor, the charges shall be dismissed, without record in the file of the accused. If facts substantiate the charges, the Vice Chancellor may: 1) seek to resolve the matter via informal, oral remonstrance (no record to be kept); 2) consult medical or other professional attention and refer the matter to appropriate professional officials or agencies, if it seems appropriate; or 3) determine that one of the following formal actions is appropriate:
         
         
         1. Written reprimand. A warning that behavior is inappropriate and continuance of such may lead to further disciplinary action, a copy to be placed in the student's file with a copy to the student.
            
            
         2. Disciplinary probation. A written notice placing student on a probationary status for a specified period of time. The student is subject to restricted privileges as determined by procedures described below. If the student repeats the violation or violates other University policies or regulations, the student shall be subject to further disciplinary action, including possible suspension or expulsion.
            
            
         3. Suspension. Involuntary separation from the University for a prescribed period of time, with the opportunity to petition the University for readmission. The petition must be submitted, in writing, to the Vice Chancellor for Student Affairs, who shall determine eligibility for and date of (if applicable) readmission.
            
            
         4. Expulsion. Involuntary separation from the University for an indefinite period of time, with a possible prescribed date for consideration of readmission.
         
         
      2. If a decision is made to seek formal sanctions, the Vice Chancellor for Student Affairs shall notify the student, in writing, of the recommended action. If the student does not accept the recommended action, he/she may appeal it to a Hearing Board by submitting a letter, with reasons for the appeal, to the Vice Chancellor for Student Affairs within seven (7) working* days of the date of the sanction letter from the Vice Chancellor.

         *A working day is defined as any day the University is open excluding Saturdays, Sundays, and holidays.

         The Hearing Board:

         1. shall consist of four (4) students, two (2) faculty, and one (1) staff member; and
            
            
         2. will select its own chairperson, with all members possessing voting privileges.
         
         The accused:
         1. shall have, at least ten (10) working days in advance of the hearing, the right to be informed of the specific charges against them and an opportunity to prepare their case;
            
            
         2. shall have the right to hear all evidence against them and to hear and question witnesses; and
            
            
         3. shall have the opportunity to testify and present evidence.
         
         Both parties:
         1. Shall have the opportunity for advanced inspection of any documents which will be submitted at the hearing;
            
            
         2. Must have an opportunity to review a list of witnesses to be called to testify; and
            
            
         3. Shall have the right to appear with an advisor of their choice, who may be an attorney. The advisor/attorney will not be allowed to address the Board or otherwise participate beyond speaking with the client. Evidence which would not be admissible in a State Court criminal proceeding by reason of the method or manner in which it was acquired shall not be admitted. Questions regarding the admissibility of evidence should be referred to University Legal Counsel.

            The Hearing Board shall determine which, if any, of the sanctions should be imposed and submit a written decision, including its finding of the facts, to the Vice Chancellor for Student Affairs, with a copy mailed to the accused. The decision of the Hearing Board must be based solely upon evidence introduced at the hearing. The decision shall be final unless appealed, by either party, to the Appeals Board, within five (5) days.

            A verbatim tape recording of the hearing must be maintained.

            The Vice Chancellor or the Hearing Board may, if deemed appropriate, impose limitations on the student's participation in University recognized activities or organizations, including elected or appointed offices which the student may seek or hold at the time of the hearing, or limit University privileges.

         
         
      3. Either party may appeal, in writing, the decision of the Hearing Board to the Appeals Board within five (5) working days following the date of the letter stating the sanction imposed. The written request, which should be sent to the Vice Chancellor tor Student Affairs, must include reasons for an appeal based upon one of the following criteria:
         
         
         1. whether or not proper due process as defined in I., D, 2. was provided; and/or
            
            
         2. whether or not the sanction imposed was appropriate to the circumstances.
         
         The Appeals Board shall consist of three (3) students, three (3) faculty, and one (1) staff member. No person who served on the Hearing board may serve on the Appeals Board for the same case.

         The Appeals Board shall consider the appeal to determine whether or not it merits a hearing, based on the criteria. If the appeal is judged to be without cause and, thus, no hearing is required, a decision stating such shall be forwarded accordingly to the Vice Chancellor with a copy to the student.

         If the Appeals Board determines that one or more of the criteria is applicable, it shall hold a closed hearing to determine the facts. The Appeals Board shall submit a written decision to the Vice Chancellor, with a copy mailed to the student, including which sanctions are to be imposed.

      4. The members of both the Hearing Board and the Appeals Board shall be selected by lot by the Vice Chancellor for Academic Affairs or his/her designee from the Adjudicatory Committee. This Committee shall be established by July 1 for each academic year, and shall he composed of the following:
         
         
         1. Fifteen (15) students - appointed by the Chief Administrative Officer of the Student Government Association with the advice and consent of the Student Senate;
            
            
         2. Eleven (11) faculty - appointed by the President and with the consent of the Faculty Senate;
            
            
         3. Seven (7) staff - four (4) appointed by the Staff Advisory Council from employees in the Managerial/Professional and Office/Service categories and three (3) appointed by the Chancellor from administrators in the Academic/Administrative category.
            
            
         4. If it is not possible to construct a full board, additional persons in the category with insufficient members available to serve may be selected in blocks of three (3) at a time by the same process as stated in 4a-b-c.
         
         Meetings at which cases are heard by either the Hearing Board or the Appeals Board shall be closed, unless a written request for an open hearing is received forty-eight (48) hours in advance of the scheduled hearing time.
      5. Any student charged with disciplinary violations has the right to maintain status as a student and to attend classes while the case is pending appeal within the University system unless continued presence constitutes an immediate harm to the student charged, or others, as determined by the Vice Chancellor for Student Affairs or his/her designee.
         
         
      6. A recognized student organization found guilty of violating University regulations will be subject to University disciplinary action. It should be understood that organizations, as well as individuals in the organizations, are subject to these regulations and corresponding disciplinary action.