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.
Honesty precludes seeking, providing, or receiving any form of unauthorized assistance in taking tests or in the submission of an assignment. It also requires giving credit through appropriate documentation and citation to the author(s) of materials used in written or oral assignments.
The full Student Standard of Conduct is available. 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; May 24, 2001
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:
1. 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.
a. 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.
b. 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.
c. 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.
2. Forgery, alteration, or misuse of university documents, records or identification, or knowingly furnishing false information to the university.
3. Obstruction or disruption of teaching, research, administration, conduct proceedings, or other university activities, including its public service functions on or off campus.
4. Physical abuse or other conduct which threatens or endangers the health or safety of any person.
5. 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.
6. Unauthorized possession, duplication or use of keys to any university facilities or unauthorized entry to or use of university facilities.
7. 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.
8. 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.
9. Disruptive or disorderly conduct or lewd, indecent, or obscene conduct or expression.
10. Failure to comply with directions of university officials acting in the performance of their duties.
11. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals.
12. Actual or attempted theft or other abuse of computer time, including but not limited to:
a. Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.
b. Unauthorized transfer of a file.
c. Unauthorized use of another individual's identification and password.
d. Use of computing facilities to interfere with the work of another student, faculty member or university official.
e. Use of computing facilities to interfere with normal operation of the university computing system.
f. 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; May 24, 2001
RULES OF PROCEDURES IN STUDENT CONDUCT MATTERS
Bd. Min. 11-8-68, Amended Bd. Min. 3-20-81; Bd. Min. 12-8-89, Amended 5-19-94; Bd. Min. 5-24-01.
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 Section 10.030, which is 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 (c) that procedures shall be definite and determinable within the University of Missouri.
B. DEFINITIONS. As used in these rules, the following definitions shall apply:
1. Primary Administrative Officers. As used in these procedures, the Chief Student Affairs Administrator on each campus is the Primary Administrative Officer except in cases of academic dishonesty, where the Chief Academic Administrator is the Primary Administrative Officer. Each Primary Administrative Officer may appoint designee(s) who are responsible for the administration of these conduct procedures, provided all such appointments must be in writing, filed with the Chancellor of the campus, and the office of General Counsel. The Primary Administrator's Office will certify in writing that the given designee has been trained in the administration of student conduct matters.
2. 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 students to serve with the Student Conduct Committee.
3. 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.
4. Student Conduct Committee. As used in these procedures, "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.
1. The following sanctions may be imposed upon any student found to have violated the Student Conduct Code; more than one of the sanctions may be imposed for any single violation:
a. Warning. A notice in writing to the student that the student is violating or has violated institutional regulations.
b. 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.
c. Loss of Privileges. Denial of specified privileges for a designated period of time.
d. 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.
e. Discretionary Sanctions. Work assignments, service to the University, or other related discretionary assignments.
f. 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.
g. Residence Hall Expulsion. Permanent separation of the student from the residence halls.
h. 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.
i. 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.
j. University Expulsion. Permanent separation of the student from the University.
2. 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 calendar days.
D. RECORDS RETENTION. Student conduct records shall be maintained for five years after University action is completed.
E. POLICY AND PROCEDURES.
1. Preliminary Procedures.
The Primary Administrative Officer/Designee(s) 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/Designee(s) may discuss with any student such alleged misconduct and the student shall attend such consultation as requested by the Primary Administrative Officer/Designee(s). The Primary Administrative Officer/Designee(s), in making an investigation and disposition, may utilize student courts and boards and/or divisional deans to make recommendations.
2. Informal Dispositions.
The Primary Administrative Officer/Designee(s) shall have the authority to make a determination and 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 may be deemed by the University to be an acceptance of the determination, provided the student has received written notice of the proposed determination and the result of the student's failure to formally reject 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/Designee(s) may refer cases to the Committee without first offering informal disposition.
3. Formal Procedure and Disposition.
a. Student Conduct Committee :
(1) 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.
(2) 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 Committee members, which may include a maximum of two 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 member of the Committee or Hearing Panel and have the same rights as other members.
(3) 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 students to sit with the Committee or two 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.
b. 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/Designee(s).
c. Notice. The Primary Administrative Officer/Designee(s) 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/Designee(s) 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.
4. Right to Petition for Review:
(other than University expulsion, University dismissal, or University suspension).
a. In all cases where the sanction imposed by the Committee is other than University expulsion, University dismissal, or University suspension, the Primary Administrative Officer/Designee(s) 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.
b. 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.
5. Right of Appeal
(University expulsion, University dismissal, or University suspension only).
a. When a student is expelled, dismissed, or suspended from the University by the Committee, the Primary Administrative Officer/Designee(s), 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/Designee(s) or by the Primary Administrative Officer/Designee(s) 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.
b. 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.
6. 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.
7. 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 Section 10.030, which is 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. Though the student honor system has jurisdiction, together with procedures set forth therein, instead of the Primary Administrative Officer/Designee(s), the standard of conduct called for in any such student honor system shall be deemed to contain at a minimum the same standards set forth in Section 200.010, entitled Standards of Conduct. Procedures shall satisfy the requirements of the Board of Curators' Bylaws, Section 10.030, which is 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.
1. 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.
a. Opening Statements.
(1) The Primary Administrative Officer/Designee(s) shall make opening remarks outlining the general nature of the case and testify to any facts the investigation has revealed.
(2) The student may make a statement to the Committee about the charge at this time or at the conclusion of the University's presentation.
b. University Evidence.
(1) University witnesses are to be called and identified or written reports of evidence introduced as appropriate.
(2) The Committee may question witnesses at any time.
(3) 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.
c. Student Evidence.
(1) If the student has not elected to make a statement earlier under a.(2) above, the student shall have the opportunity to make a statement to the Committee about the charge.
(2) The student may present evidence through witnesses or in the form of written memoranda.
(3) The Committee may question the student or witnesses at any time. The Primary Administrative Officer/Designee(s) may question the student or witnesses.
d. Rebuttal Evidence. The Committee may permit the University or the student to offer a rebuttal of the other's presentation.
e. Rights of Student Conduct Committee. The Committee shall have the right to:
(1) Hear together cases involving more than one student which arise out of the same transaction or occurrence, but in that event shall (1) Hear together cases involving more than one student which arise out of the same transaction or occurrence, but in that event shall make separate findings and determinations for each student;
(2) Permit a stipulation of facts by the Primary Administrative Officer/Designee(s) and the student involved;
(3) Permit the incorporation in the record by reference of any documentation, produced and desired in the record by the University or the student charged;
(4) Question witnesses or challenge other evidence introduced by either the University or the student at any time;
(5) Hear from the Primary Administrative Officer/Designee(s) about dispositions made in similar cases and any dispositions offered to the student appearing before the Committee;
(6) Call additional witnesses or to require additional investigation;
(7) Dismiss any action at any time or permit informal disposition as otherwise provided;
(8) 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/Designee(s) such time as the Committee may determine reasonable under the circumstances to answer or explain such additional matters;
(9) 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;
(10) 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.
2. Rights of Students Upon Hearing. A student appearing before a Committee shall have the right to:
a. Be present at the hearing;
b. Have an adviser or counselor and to consult with such adviser or counselor during the hearing;
c. Have students from the Student Panel sit with the Committee or Hearing Panel;
d. Hear or examine evidence presented to the Committee;
e. Question witnesses present and testifying;
f. Present evidence by witnesses or affidavit;
g. Make any statement to the Committee in mitigation or explanation of the conduct in question;
h. Be informed in writing of the findings of the Committee and any sanctions it imposes; and
i. Request review or appeal to the Chancellor as herein provided.
3. 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/Designee(s) and the student charged. Separate findings are to be made:
a. As to the conduct of the student, and
b. 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.
4. 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/Designee(s) and the student charged forthwith.
5. 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.
6. General Rules of Decorum. The following general rules of decorum shall be adhered to:
a. All requests to address the Committee shall be addressed to the Chair.
b. 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.
c. Rules of common courtesy and decency shall be observed at all times.
d. 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.
7. 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/Designee(s) and for the purpose of review or appeal be accessible at reasonable times and places to both the University and the student.
8. Crimes of Violence and Non-Forcible Sex Offenses. In cases of alleged crimes of violence and non-forcible sex offences:
a. The alleged victim is entitled to have an advisor or counselor present during his or her participation in the hearing.
b. The alleged victim and the accused shall be informed of the outcome of any campus disciplinary proceeding brought alleging a crime of violence or non-forcible sexua l 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:
1) 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.
2) 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.
3) 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.
4) 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.
5) If, however, the applicant is still not satisfied after review by committee, the case is to be referred to the Chancellor.
6) 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).
1. 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.
2. 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.
3. 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.
4. 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.
5. 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 form which shall include:
1) The name of the organization.
2) 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.
3) 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.
4) A statement of any affiliation with any other organization not registered with the university, and a copy of the organization's constitution.
5) Organizations seeking recognition must include a copy of their constitution and/or by‑laws, the name of a UMSL 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.
6) 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.
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
1) Use of campus facilities and services for organizational activities as provided in the university regulations.
2) 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.
3) Participation in university‑sponsored events.
4) Application for supplemental financial assistance.
5) 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
1) Organizations shall comply with the Rules and Regulations of the University of Missouri and the St. Louis campus.
2) 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.
3) Organizations' membership shall not be subject to approval by anyone other than the local campus membership.
4) Organizations are expected to maintain fiscal responsibility.
5) Recognized and registered organizations are required to seek the advice of faculty and other members of the community.
6) 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:
1) Dismiss the charges, in which case an appeal may be made to the Senate Student Affairs Committee.
2) Settle the charges in a way acceptable to both parties or,
3) 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 their race, color, religion, sex, sexual orientation, national origin, age, disability, or status as Vietnam era veteran.
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; Rehabilitation Act of 1973, Sections 503 and 504, as amended; Civil Rights Act of 1964, Title VI, and as amended; Educational Amendments of 1972, Title IX; and, 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 UMSL. 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:
320.010 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM
330.060 SEXUAL HARASSMENT
240.040 POLICY RELATED TO STUDENTS WITH DISABILITIES
330.070 AFFIRMATIVE ACTION ON COMMITTEE APPOINTMENTS
330.080 MAINTAINING A POSITIVE WORK AND LEARNING ENVIRONMENT
320.010 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, sexual orientation, 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-St. Louis 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, sexual orientation, religion, national origin, age, disability, or status as a Vietnam veteran.
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
a. Recruitment of professors and academic personnel in research and continuing education/extension is primarily the responsibility of deans, directors, chairpersons, and department heads.
b. 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.
c. Administrative efforts are made to recruit and employ minorities, women, persons with disabilities, and members of protected age groups.
d. 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, persons with disabilities, and women into departments and units which have imbalances. Personnel sources are advised of the university's commitment to equal opportunity and affirmative action.
e. Imbalances exist when available talent among specified minorities, women, persons with disabilities, 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.
f. Advertisement and notices of employment opportunities indicate a filing date for consideration.
g. Notice of employment and training opportunities are made to existing personnel.
h. Employment applications meet federal and state requirements relating to equal opportunity.
I. 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
a. University compensation and benefit programs are administered without regard to race, color, sex, sexual orientation, religion, national origin, age, disability, or status as a Vietnam era veteran.
b. 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
a. University facilities are maintained on an equitable and nondiscriminatory basis.
b. Physical facilities have been adapted within the limits of the financial resources available to insure access to the university by the persons with disabilities.
c. Opportunities for involvement in university activities are provided on an equitable or nondiscriminatory basis.
(4) Promotion and training
a. 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.
b. 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, sexual orientation, religion, national origin, age, disabilities or status as a Vietnam era veteran.
c. Participation in training and educational programs sponsored by the university, including apprenticeships, is open to all employees within eligible job classifications.
d. The university offers developmental programs for professional and personal growth to enhance promotion potential.
(5) Student admission and retention
a. The university gives students equal access to its academic programs without regard to conditions of race, color, sex, sexual orientation, religion, national origin, age, or disability. Furthermore, the university seeks to recruit, enroll, retain, and graduate minority group members and women in those fields in which they are underrepresented.
b. 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.
c. Affirmative action is taken to offer graduate teaching and research assistantships to minorities and women.
d. 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.
e. 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
a. Grievance procedures are available for the processing of complaints and grievances of alleged discrimination based on conditions of race, color, sex, sexual orientation, religion, national origin, age, disability, or veteran status.
b. 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.
c. The Office of Equal Opportunity provides advice and information to individuals on the grievance procedures and conducts investigations of alleged discrimination.
(7) Records and reports
a. The administrative head of each university unit must be prepared to demonstrate that equal opportunity is practiced and that affirmative action is taken in the recruitment and employment of full‑time and part‑time personnel, admission and retention of students, provision of facilities and programs, and purchasing and contracting.
b. 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 two years.
University business involving contracts and bids for various services are retained in compliance with University of Missouri record management policies.
c. 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, older persons, and persons with disabilities.
d. Campus administrative officers maintain records demonstrating efforts to provide equal opportunity and show affirmative action in the availability and use of university facilities, including recreational facilities.
e. Those responsible for personnel recruitment and employment, including graduate teaching and research assistants, have records that reflect their adherence to equal opportunity and affirmative action practices.
f. Academic or administrative units receiving complaints or grievances based on allegations of discrimination report those cases to the Office of Equal Opportunity.
(8) Equal Opportunity Advisory Council (EO Council)
a. The EO Council is appointed by the Chancellor.
b. EO Council membership includes a reasonable cross section of personnel, including a representation of women, minorities, and persons with disabilities.
c. The EO Council advises the Director of Equal Opportunity on matters relating to affirmative action and university equal employment policy.
d. 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
a. 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 the recruitment, admission, and retention of students and recruitment, employment, training, promotion, and transfer of employees.
b. University 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.
c. 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.
d. Copies of the Affirmative Action Policy will be made available on request to employees, applicable governmental agencies, and contractors or subcontractors.
e. University invitations to bid, purchase orders, and specifications to architects and engineers contain the university's equal opportunity policy.
f. University correspondence, employment notices and advertising, academic information, and other public notices contain the university's equal opportunity phrase.
330.060 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:
(I) 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
(II) 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:
a. Submission to or rejection of such conduct is used explicitly or implicitly as a condition for academic or employment decisions; or
b. The purpose or effect of such conduct is to interfere unreasonably with the work or academic performance of the person being harassed; or
c. 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:
1. Pursue appropriate informal resolution procedures as defined by the individual campuses. These procedures are available from the campus Affirmative Action/Equal Opportunity Officer.
2. 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:
1. At the close of the investigation, whether or not disciplinary procedures will be initiated; and
2. 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.
A. EQUALITY OF ACCESS
The University of Missouri (UM) strives to assure that no qualified person with a disability1 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
1. 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.
2. Determinations as to whether requested services and requested accommodations are required will be made initially by the Director 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.
3. 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:
a. current documentation of the specific disability and of the need for the requested services or accommodations;
b. the essential elements of the academic program or course of study being pursued;
c. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
1. 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: 1) Reasonable modifications to a public entity's rules, policies, or practices; 2) Removal of architectural, communication, or transportation barriers; or 3) 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.
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.
a. Student, employee, and management education and information;
b. Referral to agencies and organizations that offer supportive services for life‑threatening illnesses;
c. 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.
330.070 Affirmative Action on Committee Appointments
Executive Guideline No. 13, October 13, 1977.
A. Affirmative Action
As part of the implementation of the Affirmative Action Plan of the University of Missouri, any person appointing any committee for the University or any campus, in selecting the membership, shall give due consideration to the inclusion in such membership of women and minorities unless membership thereon is ex-officio.
330.080 Maintaining a Positive Work and Learning Environment
1. 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.
2. 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.
3. 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.
4. 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, January 25, 1990, October 16, 2003, and November 29, 2007
A. GENERAL
1. 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. This policy shall not be interpreted in such a way as to violate the legal rights of religious organizations or military organizations associated with the Armed Forces of the United States of America.
2. 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.
3. 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.
4. 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
1. 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.
2. A grievance is the written allegation of discrimination which is related to:
a. Recruitment and admission to the institution.
b. Admission to and treatment while enrolled in an education program.
c. Employment as a student employee on campus.
d. 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.
3. 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.
4. 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
a. Has a physical or mental impairment which substantially limits one or more of such person's major life activities,
b. Has a record of such impairment, or
c. 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.
5. 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.
6. 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
1. 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.
2. 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.
3. 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 section D.1.b.
4. Complaints Involving Recruitment
a. 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.
b. 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.
5. Complaints Involving Admissions (Undergraduate or Professional)
a. 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.
b. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. Complaints Involving Financial Aid (Undergraduate, Graduate, Professional):
a. 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.
b. 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
1. 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.
a. 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.
b. 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.
2. Filing a Grievance
a. All grievances must be presented in writing and contain the following information:
1) 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;
2) 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;
3) A specific statement of the remedial action or relief sought.
b. 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.
3. 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.
4. 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.
5. 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
1. 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 grievant.
2. 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.
3. 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.
4. 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
1. 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.
2. 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.
3. A quorum consists of a minimum of four members of the committee except as provided by Section 390.010 E.4.
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.
5. 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.
6. 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.
a. 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.
b. 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.
c. A reasonable time limit should be established for opening and closing statements and shall be announced prior to the hearing.
d. 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.
e. 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.
f. 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.
g. In order to promote the truthful, unfettered exchange of
information and ideas, all testimony pertaining to the
grievance hearing shall be held in confidence.
h. Only evidence relevant to the grievance may be introduced. Questions regarding the admissibility of evidence shall be decided by the chairperson.
7. 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.
8. 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.
9. 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. A statement of the purpose of the hearing,
b. Issues considered,
c. A summary of the testimony and other evidence presented,
d. Findings of fact as developed at the hearing, and
e. Recommendations for final disposition of the case.
10. 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.
11. 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
12. Grievances shall receive prompt attention. The hearing and the report of the grievance 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.
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.