Student Code of Conduct and Disciplinary Procedures

Policy Statements*

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1. Campus Disorders

The heritage of academic freedom at the University of Nebraska is reflected in the Statement of Principles by the Board of Regents. "The right to uphold, to discuss, and dissent is the moral fiber of America's greatness. They are likewise the strength of a great University." In accepting the "Student in the Academic Community" document, all segments of the University reaffirmed this principle and explicitly extended it to students.

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

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

A. Prevention of Violence or the Use of Force.
Demonstrations which coerce individuals or which constitute a hazard to the safety of any person or which threaten destruction of property are not protected by freedom of speech provisions and will not be tolerated. Similarly, a hostile audience will not be allowed to interfere with a peaceful demonstration.

B. Protection from Interference with University Operations.
The University community may restrict conduct which interferes with the holding of classes, the carrying forward of University business, properly organized and scheduled University events, or the discharge of responsibility by any University officer, employee or student. Although the mere presence of demonstrators in public areas within buildings does not necessarily constitute interference, demonstrators cannot be allowed to physically obstruct access to University facilities. Noise and boisterous activity are objectionable when they prevent others from exercising their rights and duties.

Persons engaging in disruptive action shall be subject to University disciplinary measures for misconduct, including separation from the University, as well as being held accountable by civil authority for violation of criminal and civil laws.

2. Disruptive Action

The response of the University to disruptive action must ultimately depend on the judgment of the officials who are in charge. However, the following guidelines should be observed:

1. Every effort will be made to end the disruption through reason and persuasion. These efforts will include willingness to discuss issues involved and to establish procedures for discussion and arbitration of the issues involved. Discussion of the issues will not be conducted under condition of duress.
2. If discussion efforts fail, the individuals involved will be asked to cease the disruptive action. In the event the alleged violators will not cease the disruptive activity within a reasonable length of time, temporary sanctions, which may include conduct probation and, if necessary, suspension, may be imposed on the scene. However, unless both the student and the University officials agree to a postponement, the University must hold disciplinary hearings within five (5) school days after the imposition of temporary sanctions. Such disciplinary hearings shall be held in accordance with the established Disciplinary Procedures of the University. No temporary sanction shall be made part of a student's permanent record. If a student is found innocent of the action for which temporary sanctions were imposed, no record of the temporary sanction or of the hearings shall become part of any of the student's files or records, and the student shall be given the opportunity to make up any work which the disciplinary action prevented him/her from completing.
3. If the use of institutional sanctions and discussion methods are not effective in ending the disruption, or when alleged violators are not members of the University community, extra-institutional methods (including the invoking of police force) may be used. Nonmembers of the University community who are engaged in disruptive action may be referred to civil authorities for appropriate action.
4. Evidence regarding the activity of non student members of the University community who are alleged to have engaged in disruptive behavior may be referred to their supervisors for appropriate actions.

The University community abhors the use of force as a method for settling disagreements and will always make exhaustive attempts to deal with issues by rational methods. When, however, such rational efforts prove ineffective or when imminent danger to life or property exists, more forceful methods shall be used to protect the rights and property of the community.

3. Public Hearings

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

4. Drugs

A. Possession, Distribution, Manufacture
The University, as an agency of the State of Nebraska, having a responsibility to abide by both state and federal laws, hereby declares that possession, use, distribution, sale or manufacture of drugs on this campus except as allowed by law is contrary to University policy. The University will cooperate fully with state and federal law officials in the enforcement of all state and federal laws regarding illegal sale, possession or use of drugs.

B. Definition
The term "drug" and "drugs" in this statement means any drug possessed, used, distributed, sold or manufactured in violation of the laws of the State of Nebraska or laws of the United States. Some common examples include, but are not limited to:

• Depressants: alcohol, barbiturates (i.e., Seconal, Nembutal, other sedative-hypnotic drugs (i.e., Doriden, Noludar), minor tranquilizers (i.e., Miltown, Librium), and narcotic analgesics (i.e., morphine, heroin).
• Stimulants: amphetamine derivatives (i.e., Dexedrine, Methamphetamine), and cocaine.
• Cannabis: marijuana, hashish, and other preparations containing cannabis or its components.
• Hallucinogens: LSD, mescaline, psilocybin, and other related drugs.

5. Drug Education and Rehabilitation

In addition to its responsibility to assist state and federal officials in the enforcement of state and federal laws, the University as a campus community recognizes a responsibility to its members for education and rehabilitation. Therefore, this policy on drugs shall be administered in the best interest of the physical and mental health of individual members of the campus community. To accomplish this, students found to be in need of emergency treatment as a result of drug misuse may be taken to the University Health Center or other appropriate medical facilities where individual problems shall be handled in strict confidence. In addition, all members of the campus community are encouraged to consult with the University Health Center concerning their services for treatment, rehabilitation, information, and education. To further implement a sound drug program, the University of Nebraska hereby adopts and promulgates the following guidelines:

1. Evidence obtained from an individual concerning the use of drugs while the individual is seeking personal counseling shall not be used in connection with any disciplinary action under the Student Code of Conduct or Disciplinary Procedures.
2. Seeking hospitalization or medical attention due to the misuse of drugs will not in itself be used in connection with any disciplinary action under the Student Code of Conduct or Disciplinary Procedures.
3. Conviction in a court of law for off-campus possession of drugs when the possession of such drugs does not in any way interfere with the implementation of the aims and purposes of the University will not subject the individual involved to disciplinary action under the Student Code of Conduct or Disciplinary Procedure.

6. Dangerous Weapons

Firearms, ammunition, and other dangerous weapons may not be possessed, used or stored on the campus by anyone other than a law enforcement officer. This complete ban shall preclude storage of such weapons in vehicles operated or parked on the campus or on the premises of a student housing unit.

Students who desire to store a firearm and ammunition in close proximity to their campus living unit for hunting or other lawful purposes may register and store such materials with UNL Police Services. Any firearms and ammunition to be stored by the police must be taken directly to the campus police station, and must be taken directly off campus following their retrieval for lawful use. Access to stored weapons is available on a 24-hour basis, and space is provided for cleaning weapons after their use.

Violation of the campus ban on firearms, ammunition, and other dangerous weapons will result in disciplinary action under the Student Code of Conduct, including the possible confiscation of the banned objects.

*Information from page 4 and 5 of the printed version of University Documents Concerning Student Rights and Responsibilities: The Student in the Academic Community; Student Code of Conduct and Disciplinary Procedures, and Student Records Policy.

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