Or. Admin. Code § 574-031-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 574-031-0010 - Definitions

As used in OAR Chapter 574, Divisions 31 and 32, the following terms have the following definitions.

(1) The term "Adjudication" or "Adjudicated" or "Adjudicative" means a method of resolving allegations of Student misconduct which employs a fact-finding, impartial adjudicator to render a binding decision in the matter.

(2) The terms "Administration or Staff Person" mean any person who holds a current non-academic appointment or classified position at the University.

(3) The term "Advisor" means any person who has elected to advise a Charged Student, Witness, or a Complainant within a student conduct hearing.

(4) The term "Appeals Body" means any person or group charged with hearing appeals through this Code (e.g., the Vice President for Student Affairs).

(5) The term "Business Visitor" means any person on the University's property who has a legitimate interest or focus of business with the University, and who is not a Member of the University Community.

(6) The term "Campus" means any property owned, used or controlled by the University.

(7) The term "Charged Student" means any Student charged with a violation of this Code.

(8) The term "Code" means this Code of Student Responsibility.

(9) The term "Committee" means the University Student Conduct Committee.

(10) The term "Complainant" means any person whether a Member of the University Community or not, who has filed a complaint of alleged misconduct with Public Safety or with the Campus Student Conduct Program concerning a Student.

(11) The term "Dean of Students" means the person designated by the Vice President for Student Affairs as the administrator of the University's Campus Student Conduct Program.

(12) The term "Disputant" means any person who uses Mediation within the Campus Student Conduct Program to resolve a conflict with another party or parties.

(13) The term "Faculty" means any person who holds a current academic appointment at the University.

(14) The term "Mediation" means a method of dispute resolution in which Disputants utilize an impartial third party to assist the Disputants to mutually resolve their conflict. Mediation is not available for allegations involving sexual harassment or misconduct.

(15) The term "Member of the University Community" means any Student, Faculty, Administration or Staff Person at the University.

(16) The term "Office of Student Conduct" means the office that administers the University Student Conduct System and includes the Dean of Students, Student Conduct Coordinator, Student Conduct Assistant and other designees.

(17) The term "Preponderance of the Evidence" means that based on the information that is presented, the Charged Student has more likely than not, engaged in the charged misconduct.

(18) The term "Recognized Student Organization" means a club, educational activity group or other Student group that has complied with the requirements for University recognition.

(19) The term "Staff" means any person who holds a classified or unclassified appointment at the University.

(20) The term "Student" means a person who is enrolled at Western Oregon University or any person meeting the description in 574-031-0000(4).

(21) The term "Student in Violation" means any Student found to be in violation of the Code through the Campus Student Conduct Program.

(22) The term "Survivor" means any person not charged with a violation of the Code who reports being sexually violated or harassed by a Student.

(23) The term "University" means Western Oregon University, WOU, or any part or division within Western Oregon University.

(24) The term "University Sponsored On- or Off-Campus Event" means any event in which at least one of the following applies:

(a) The University plans the event;

(b) The University pays all, or a part of, the cost of the event;

(c) The University sponsors the event;

(d) The University contributes any type of University owned or leased resources or equipment to the event;

(e) A University Student, Faculty, or Administrative or Staff person represents the University at the event;

(f) The event occurs within a University owned or leased property, or upon or within University owned or leased property, including any type of state vehicle; or

(g) The event occurs during the time frame specified on an approved sponsorship form (i.e. registration of event form, travel form, etc).

(25) The term "Victim" means any person not charged with a violation of the Code who has been harmed by the behavior of a Student in Violation. When referring to situations in which a Charged Student has not been found in violation of the Code, this person is referred to as an alleged Victim.

(26) The term "Visitor/Guest" means a non-student or person not affiliated in any official way with Western Oregon University.

(27) The term "Witness" means any person who has information which pertains to a case of alleged Student misconduct.

(28) The term "Working Day" means a day that the University is in session.

Or. Admin. Code § 574-031-0010

WOSC 2-1996, f. & cert. ef. 11-12-96; WOU 3-2001, f. 8-28-01, cert. ef. 8-31-01; WOU 2-2003, f. & cert. ef. 8-1-03; WOU 2-2005, f. & cert. ef. 8-4-05; WOU 2-2012, f. & cert. ef. 7-31-12

Stat. Auth.: ORS 351.070 & 351.072

Stats. Implemented: ORS 351.070 & 351.072