The University of Missouri-St. Louis Honor Statement
Honest precludes seeking, providing, or receiving any form of authorized assistance on tests or any other type of assignment. It requires giving credit through appropriate citation to the author of materials used in written or oral assignments.
The full Student Standard of Conduct is found at http://system.missouri.edu:80/uminfo/rules/programs200010.htm. By registering for a class at UM-St. Louis, students agree to follow this standard of integrity.
Code of Student Conduct
200.010 Standard of Conduct Amended March 20, 1981; August 3, 1990; May 19, 1994; May 24, 2001
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.
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:
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
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.
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:
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.
4. Right to Petition for Review: (other than University expulsion, University dismissal, or University suspension).
5. Right of Appeal (University expulsion, University dismissal, or University suspension only).
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.
2. Rights of Students Upon Hearing. A student appearing before a Committee shall have the right to:
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:
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:
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:
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.
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.
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*.
*(Under current campus policy, transcript notation of >DL= automatically becomes an F after one regular semester. These changes, which the Registrar is mandated to make, are not considered grade changes and are consistent with this Grade Appeal Policy. Students may appeal these changes provided the appeal is initiated within 30 working days of the notification of the change. )
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
I Procedures for Recognition
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
III Policies Governing Recognized or Registered Organizations
IV Procedure for Review of Grievances
B. Such charges, except those pertaining to discrimination, are brought initially to the Vice Chancellor for Student Affairs, who may:
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.
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 UM-St. Louis. Assisting the Chancellor and each Vice Chancellor is the Office of Equal Opportunity (OEO). All equal opportunity functions for the campus are centralized in the OEO.
The following equal opportunity policies have been established by the University of Missouri Board of Curators to govern the academic and administrative functions of the University:
320.010 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
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
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.
(2) Salaries, wages, and benefits
(3) Facilities, activities, and working conditions
(4) Promotion and training
(5) Student admission and retention
(6) Appeal and grievance procedures
(7) Records and reports
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.
(8) Equal Opportunity Advisory Council (EO Council)
330.060 Sexual Harassment
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:
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:
240.040 Policy Related to Students with Disabilities
EQUALITY OF ACCESS
The University of Missouri (UM) strives to assure that no qualified person with a disability 1 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.
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 Coordinator of DSS. Accommodation of the disability will be determined by the coordinator and faculty member, and if either disagrees with the prescripted accommodation, such disagreement shall be described in writing promptly and submitted to the Chancellor or his/her designee for resolution in a prompt manner.
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:
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.
PROVISIONS FOR SERVICES TO STUDENTS WITH DISABILITIES AND REASONABLE ACCOMMODATIONS
POLICY AND PROCEDURES
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.
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
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;
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
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
December 17, 1982, January 25, 1990, and October 16, 2003
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.
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:
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
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.
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 D.1.b.
4. Complaints Involving Recruitment
5. Complaints Involving Admissions (Undergraduate or Professional)
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.
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.
2. Filing a Grievance
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.
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.
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:
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.