Student Rights, Responsibilities & Conduct

University Policies

To see official SJSU University Policies, see http://www.sjsu.edu/senate/policies/

Academic Standards

Students studying for a baccalaureate degree are expected to maintain a grade point average of 2.0 “C” or better in their academic work at SJSU and in their overall collegiate record in order to continue in good standing. In determining a student’s eligibility to remain enrolled in the university, both quality of performance and progress toward the student’s objective are weighed. Use of grade points and grade point average for all letter-graded courses determines quality of performance. The length of time in meeting requirements is a factor in determining progress toward objectives. While the Registrar’s Office makes every effort to notify students of their academic status, it is the student’s responsibility to continuously monitor his or her own academic standing at MySJSU (which can be accessed through the One.SJSU.edu portal) (one.sjsu.edu).

Attendance Policy

University Policy F15-12, Attendance and Participation

Students are expected to attend all meetings for the courses in which they are enrolled as they are responsible for material discussed therein, and active participation is frequently essential to ensure maximum benefit to all class members. In some cases, attendance is fundamental to course objectives; for example, students may be required to interact with others in the class. Attendance is the responsibility of the student.

Participation may be used as a criterion for grading when the parameters and their evaluation are clearly defined in the course syllabus and the percentage of the overall grade is stated.

View the policy in its entirety here: http://www.sjsu.edu/senate/docs/F15-12.pdf

Academic Integrity Policy

The University emphasizes responsible citizenship and an awareness of ethical choices inherent in human development. Academic honesty and fairness foster ethical standards for all those who depend upon the integrity of the university, its courses, and its degrees. University degrees are compromised and the public is defrauded if faculty members or students knowingly or unwittingly allow dishonest acts to be rewarded academically. This policy sets the standards for such integrity and shall be used to inform students, faculty and staff of the university’s Academic Integrity Policy. See University Academic Integrity Policies at http://www.sjsu.edu/studentconduct/policies/

Student Role

The San José State University Academic Integrity Policy requires that each student:

1. Know the rules that preserve academic integrity and abide by them at all times. This includes learning and abiding by rules associated with specific classes, exams and course assignments.
2. Know the consequences of violating the Academic Integrity Policy.
3. Know the appeal rights, and the procedures to be followed in the event of an appeal.
4. Foster academic integrity among peers.

Faculty Member Role

The San José State University Academic Integrity Policy requires that each faculty member:

1. Provide a clear and concise course syllabus that apprises students of the Academic Integrity Policy and the ethical standards and supporting procedures required in a course.
2. Make every reasonable effort to foster honest academic conduct. Specifically, examinations should be appropriately proctored or monitored to prevent students from copying, using non-cited resources, or exchanging information. Examinations and answers to examination questions should be kept private. Efforts should be made to give unique and varied assignments.
3. Take action against a student in accordance with this policy when supporting evidence indicates that the student has violated the Academic Integrity Policy.
4. Comply with the rules and standards of the Academic Integrity Policy.

Office of Student Conduct and Ethical Development Role

The San José State University Academic Integrity Policy requires that the Student Conduct Administrator:

1. Comply with and enforce the Student Conduct Code (http://www.sjsu.edu/studentconduct) which includes the Academic Integrity Policy.
2. Adjudicate student conduct cases and assign administrative sanctions to students who have violated the Student Conduct Code.
3. Serve as a resource for faculty, staff and students on matters of academic integrity and this policy.
4. Ensure dissemination of the policy to the campus community when changes are made to the policy or procedures.

1.0 Definitions Of Academic Dishonesty

1.1 Cheating

At SJSU, cheating is the act of obtaining or attempting to obtain credit for academic work through the use of any dishonest, deceptive, or fraudulent means. Cheating at SJSU includes but is not limited to:

1.1.1. Copying, in part or in whole, from another’s test or other evaluation instrument including homework assignments, worksheets, lab reports, essays, summaries, quizzes, etc.;

1.1.2. Submitting work previously graded in another course unless this has been approved by the course instructor or by departmental policy;

1.1.3. Submitting work simultaneously presented in two courses, unless this has been approved by both course instructors or by the department policies of both departments;

1.1.4. Using or consulting, prior to, or during an examination, sources or materials not authorized by the instructor;

1.1.5. Altering or interfering with the grading process;

1.1.6. Sitting for an examination by a surrogate, or as a surrogate;

1.1.7. Any other act committed by a student in the course of their academic work which defrauds or misrepresents, including aiding or abetting in any of the actions defined above.

1.2 Plagiarism

At SJSU plagiarism is the act of representing the work of another as one’s own without giving appropriate credit, regardless of how that work was obtained, and/or submitting it to fulfill academic requirements. Plagiarism at SJSU includes but is not limited to:

1.2.1 The act of incorporating the ideas, words, sentences, paragraphs, or parts of, and/or the specific substance of another’s work, without giving appropriate credit, and/or representing the product as one’s own work;

1.2.2 Representing another’s artistic/scholarly works such as musical compositions, computer programs, photographs, paintings, drawing, sculptures, or similar works as one’s own.

2.0 Notification of Standards of Detecting Plagiarism

2.1 SJSU or its faculty may subscribe to and/or use plagiarism detection services.

2.2 Any plagiarism detection service with which SJSU contracts must ensure the anonymity of all submitted work to third parties.

2.3 Except for the stated purpose of storing submitted work in databases and/or using the database solely for the intended purpose of detecting plagiarism, any plagiarism detection service with which SJSU contracts shall agree that to the fullest extent possible, ownership rights of all submitted work shall remain with the work’s author and not with the plagiarism detection service.

3.0 Evaluation and Reporting

When a faculty member suspects and has supporting evidence to substantiate that the behavior of a student or students fall(s) within one or both of the above sets of definitions, it is the faculty member’s responsibility to take the following steps:

3.1 Any classroom confrontation should be discreet. Faculty members should not discuss specific charges of cheating, plagiarism, or any other violations involving specific individuals in the classroom before other members of the class.

3.2 Communicate with the student concerning the alleged infraction; arrange for a conference to present documentation. Advise the student of the allegations and make them aware of the supporting evidence and the probable consequences. As a result of this conference, if the faculty member believes that the student’s response is insufficient to offset the charge of violating the Academic Integrity Policy, the instructor will inform the student of the sanctions to be assessed or recommended in accordance with section 3.0.

All notes and/or discussions between the student and the faculty member will be kept confidential except as may be relevant in subsequent disciplinary proceedings or any subsequent legal actions.

3.3 Report the alleged infraction and the academic action taken to the Office of Student Conduct & Ethical Development on the reporting form for violations to the Academic Integrity Policy. A copy of the supporting documentation must be attached to the reporting form.

3.4 The instructor may impose the recommended penalty and make the report called for in section 3.3 without a conference when a student fails to attend a scheduled conference to discuss the alleged dishonesty, or when the apparent dishonesty is detected only near the end of the semester and the faculty makes a good-faith effort to contact the student but is unable to do so. In either case, the student’s right to appeal is preserved.

4.0 Sanctions

There shall be two major classifications of sanctions that may be imposed for violations of this policy: academic and administrative. Academic sanctions are those actions related to the course work and/or grades which are the province of the faculty. Administrative sanctions are concerned with a student’s status on campus and are acted on by the Office of Student Conduct and Ethical Development. The imposition of either an academic or administrative sanction will not preclude the additional imposition of the other.

4.1 Academic Sanctions

Faculty members are responsible for determining the type of academic sanction to be applied to students involved in incidents of cheating or plagiarism. Faculty may find it helpful to consult with their department chair, senior faculty, and/or the Conduct Officer in consideration of appropriate academic sanctions. Such sanctions shall be proportional to the offense against the Academic Integrity Policy that has occurred. Usually a form of “grade modification” will be employed. Before sanctions can be employed, the faculty member must have verified the instances of academic dishonesty by personal observation and/or documentation. In all cases, the violation must be reported to the Office of Student Conduct & Ethical Development on the reporting form for violations to the Academic Integrity Policy. A student may be:

4.1.1 Reprimanded orally.

4.1.2 Failed in the evaluation instrument (paper or exam).

4.1.3 Reduced in course grade.

4.1.4 Failed in the course.

4.1.5 Referred for administrative sanctions. A faculty member may choose to refer a student to the Office of Student Conduct & Ethical Development for disciplinary action in addition to the academic sanction the faculty member has taken.

4.1.6 Faculty Discretion:

Cases involving the careless or inept handling of quoted material but which fall short of the definitions of the acts of cheating and/or plagiarism as defined in Items 1.1 and 1.2 of this policy may be dealt with at the discretion of the faculty member concerned. The faculty has the discretion to deal with any other act committed by a student in the course of their academic work which defrauds or misrepresents, including aiding or abetting other students who violate this policy.

4.1.7 Academic Sanctions:

For violations of sections 1.1.5 and 1.1.6, the student must be referred to the Office of Student Conduct & Ethical Development for administrative sanctions as outlined in 4.1.5.

For violations of other sections of this policy, the instructor should choose between sanctions 4.1.1 through 4.1.4 based on the severity of the infraction.

4.2 Administrative Sanctions

As stipulated in the California Administrative Code, Section 41301, cheating or plagiarism in connection with an academic program may warrant expulsion, suspension, probation or a lesser sanction. Administrative action involving academic dishonesty at SJSU is the responsibility of the Office of Student Conduct & Ethical Development.

The Office of Student Conduct & Ethical Development will respond to:

1. referrals from the faculty;
2. violations of the Academic Integrity Policy;
3. repeat violations as brought to attention by the faculty or through the centralized reports filed in the Office of Student Conduct & Ethical Development.

Faculty members will be notified by the Office of Student Conduct & Ethical Development when action has been taken. The Office of Student Conduct & Ethical Development shall maintain a record of students who have been reported for violating the Academic Integrity Policy. The information in this record will be used to identify and discipline students who have been reported.

5.0 Protection of Rights

Nothing in this policy is intended to deny students who come within its scope appropriate “due process,” including the right to be informed of the charges, the nature of the evidence supporting the charges, and to have a meeting with the faculty member, the Office of Student Conduct & Ethical Development or other decision-makers, at which time statements and evidence on behalf of the student may be submitted. Nor is it intended to deny the right to appeal, through appropriate university channels, any decision resulting from such a meeting.

5.1 The handling of student conduct code violations should be separated from the processes handling student disputes with other members of the university community. Specifically, grades resulting from cheating are not a matter of student fairness. Therefore the Office of the Ombudsperson and the Student Fairness Committee should be removed from the student conduct processes regarding academic misconduct (F15-7). Students may, however, consult with the Ombudsperson confidentially and informally regarding the Academic Integrity policy and/or process.

5.2 When an administrative sanction is being considered, Executive Order 1073, Student Disciplinary Procedures for the California State University, stipulates that a student is entitled to a hearing to determine whether violations of conduct and/or conduct-related regulations have occurred. Students may, however, consult with the Ombudsperson confidentially and informally regarding the Academic Integrity policy and/or process.

6.0 Threats

Any threats against any member of the faculty as a consequence of implementing this policy on academic integrity will be cause for disciplinary action under Section 41301, Title 5, California Code of Regulations, in addition to civil and criminal liabilities.

7.0 Dissemination of Information

7.1 This policy shall be published in the Schedule of Classes each semester and in the University Catalog. There shall also be copies of this policy in every department office and copies will be available to all interested parties in the Office of Student Conduct & Ethical Development.

7.2 Dissemination of this information shall be the responsibility of the Office of Student Conduct & Ethical Development. Information is available at http:// www.sjsu.edu/studentconduct

7.3 The Office of Student Conduct & Ethical Development shall submit a statistical report on the number and type of infractions and their eventual disposition to the Academic Senate annually.

7.4 Colleges and departments are encouraged to periodically include at faculty meetings, discussion of this policy and strategies for ensuring academic integrity among students.

7.5 Department chairs and school directors should ensure that new faculty members receive a copy of this policy and a verbal explanation at the time they are given their first class assignment.

Complaints

A student involved in a dispute must first attempt to resolve the matter with the other party. If an agreement is not reached, the student should seek the aid of the University Ombudsperson or the immediate supervisor of the other party. Students may seek the counsel of the Ombudsperson before speaking with parties directly involved in the conflict. If this informal process fails to resolve the matter, the student should contact the University Ombusperson regarding the formal complaint process.

Complaint Procedures - Alleged Violations of State Law

Student/Applicant Complaint Procedure for Alleged Violations of State Law Not Covered by Another CSU Complaint Procedure

This executive order fulfills the requirements of the Higher Education Act Title IV, 34 Code of Federal Regulations sections 600.9(a)(1)(i)(A) and 668.43(b), by establishing a complaint procedure for CSU students and student applicants alleging that the CSU has violated one or more state laws, where there is no other applicable CSU complaint procedure.

1. Scope of Procedure
   This complaint procedure is for CSU students and student applicants who believe the CSU has violated one or more state laws. It does not encompass complaints already covered by another CSU complaint procedure (e.g., student complaints alleging discrimination, harassment and retaliation, covered by Executive Order No. 1045). It also does not encompass complaints regarding CSU’s compliance with academic program quality and accrediting standards; such complaints may be filed with the Western Association of Schools and Colleges (WASC), the agency that accredits the CSU’s academic program, at http://www.wascsenior.org/comments.
2. The Complaint
   1. The complaint must be filed within 30 work days of the CSU’s alleged violation of one or more state laws, or the complainant’s discovery thereof.
   2. The complaint must be made in writing and clearly indicate the intent to file a complaint alleging that the CSU violated one or more state laws or specifically reference this executive order.
   3. The complaint must contain the following:
      
      The complainant’s name, student I.D. number, mailing address and telephone number.
      
      The term and year of the complainant’s last active academic status or the term and year the complainant sought admission to the university.
      
      A detailed description of the specific actions that constituted the alleged violation of one or more state laws, including the specific law or laws alleged to have been violated and, if known, the name(s) and title(s) of the responsible CSU employee(s).
      
      The date(s) the alleged improper activities occurred or the condition developed.
      
      A list of witnesses, if any, including their contact information and the facts known by each.
      
      Copies of any documentary evidence that supports the complaint.
      
      Descriptions of documents that support the complaint and, if known, where the documents are maintained and by whom if the actual documents are not in the possession of the complainant.
      
      A dated and signed statement by the complainant under penalty of perjury that the complaint is true, or is believed by the complainant to be true.
   4. The complaint may be filed with the campus president or designee (“campus administrator”).
   5. The complaint must be personally delivered, or sent by electronic or certified mail. The complaint filing date is the date of personal service, the date on the electronic transmission or the postmark date of the mailing.
3. The Level I Campus Investigation
   1. The campus administrator shall review the complaint to determine whether it is timely filed, contains all the required information and falls within the scope of this executive order. If it does, the campus administrator shall notify the complainant in writing within 10 work days of receipt of the complaint that the complaint has been accepted. If it is untimely or does not contain all of the required information, the campus administrator shall notify the complainant in writing within 10 work days of receipt of the complaint that the complaint has not been accepted and state the reasons.
      
      If it is determined that the complaint falls within the scope of another CSU complaint procedure, the campus administrator shall forward the complaint to the appropriate campus official and shall notify the complainant in writing within 10 work days of receipt of the complaint that the complaint has been deemed to fall within the scope of another CSU complaint procedure, why, and to whom the complaint has been forwarded. The administrator shall not forward the complaint or disclose the complainant’s identity to anyone who has or appears to have a conflict of interest in regard to the allegation(s).
   2. If the complainant raises any new allegations after the complaint has been accepted, the campus administrator shall decide whether to include those allegations as part of the complaint. If they are not included as part of the initial complaint, the complainant shall be advised of the need to file a new complaint to address those allegations.
   3. The campus administrator shall investigate the claim, or may appoint a third party to conduct an investigation. The investigator shall be a management personnel plan employee or an external consultant experienced in conducting investigations. If the complaint is against the CSU, the chancellor or any Chancellor’s Office employee, campus president or vice president, the campus administrator shall consult with the Associate Vice Chancellor, Academic Affairs at the Chancellor’s Office, who shall determine the appropriate handling of the complaint. The timelines and procedures for the process remain the same.
   4. The complainant is required to fully cooperate in the investigation, and must participate in a timely intake interview. If the complainant does not cooperate, the campus administrator may end the investigation.
   5. CSU employees are required to cooperate with the investigation, be truthful, maintain confidentiality, and provide all relevant and/or requested information to the investigator.
   6. Complaints and other information gathered during the course of the investigation by the university shall be shared only with individuals who have a legitimate business reason to know.
4. The Level I Campus Decision
   The campus administrator shall make the final decision and issue a letter of determination to the complainant no later than 60 work days from the date the complaint was filed, unless s/he determines that extenuating circumstances warrant an extension of time. In no case shall the decision letter be issued later than 90 work days from the date the complaint was filed.
   
   Within the investigation period, the investigator must make findings of fact and conclusions regarding the allegations, which s/he shall reduce to an investigative report. Preponderance of the evidence is the applicable standard: in order to establish a fact, the investigator must find that the evidence on one side outweighs the evidence on the other side.
   
   The report should include the following information:
   
   A summary of the allegations.
   
   A description of the investigative process.
   
   The preponderance of the evidence standard used to determine whether a violation occurred.
   
   The evidence considered.
   
   A determination of whether the allegations were found to be substantiated.
   
   Within the time frame specified above, the campus administrator shall notify the complainant in writing of the outcome. The notification should include a summary of the allegations, a description of the investigative process, the preponderance of the evidence standard used, the evidence considered and a determination of whether the allegations were found to be substantiated. The notification shall also inform the complainant what, if any, actions were or will be taken (specific employee discipline is confidential), and of his/her option to file an appeal under Article V of this executive order. The campus administrator shall maintain a copy of the notification as required by the applicable document retention policy(ies).
5. The Level II Chancellor’s Office Review and Decision
   1. If the complainant is not satisfied with the campus decision, s/he may file a Level II appeal with the Office of the Chancellor no later than 10 work days after receipt of the Level I decision. Level II appeals shall be addressed to: Associate Vice Chancellor, Academic Affairs, CSU Office of the Chancellor, 401 Golden Shore 6th Floor, Long Beach, California 90802.
   2. The appeal shall be in writing and must detail the specific disagreements with the campus decision. The issues raised on appeal shall be limited to those raised during the Level I process.
   3. The Associate Vice Chancellor, Academic Affairs or designee shall review the issues raised on appeal to determine whether the campus has adequately processed and addressed the complaint and/or whether the preponderance of the evidence indicates that there has been a violation of state law.
   4. The Associate Vice Chancellor, Academic Affairs or designee shall issue a decision no later than 60 work days after receipt of the appeal unless s/he determines that extenuating circumstances warrant an extension of time. In no case shall the final decision letter be issued later than 90 work days from the date the appeal was filed. The decision shall include a summary of the issues raised on appeal, a description of the review process, the preponderance of the evidence standard used, the evidence considered and a final decision. The notification shall also inform the complainant what, if any, actions were or will be taken (specific employee discipline is confidential), and note that the CSU’s review of the complaint is now considered final and complete. A copy of the final decision letter shall be provided to the campus administrator.
6. General Provisions
   1. Work days are defined as Monday through Friday, excluding all official holidays or campus closures at the campus where the complaint originated.
   2. A student/applicant must proceed with a complaint in good faith. A student who knowingly and intentionally files a false complaint, abuses this policy, or files a malicious or frivolous complaint may be subject to discipline. Discipline shall be taken in accordance with Section 41301, Title 5, California Code of Regulations.
   3. When issuing a Level I or II response, personal delivery or certified mail shall be used. If personal delivery is used, a signature acknowledging the calendar date of delivery shall be obtained which will establish the date of response. If certified mail delivery is used, the postmark shall establish the date of response.
   4. The CSU is not obligated under this executive order to investigate a complaint not timely filed under its provisions. Regardless, the CSU may investigate the underlying allegations if it determines the circumstances warrant investigation. Also, if the circumstances warrant investigation, the CSU may waive the time limits and choose to process the complaint under the complaint process set forth herein.
   5. CSU will notify the California Department of Finance, Office of State Audits and Evaluation, and the Bureau of State Audits, of all cases of actual or suspected fraud, theft or other irregularities it learns of as the result of any complaint made under this executive order.
   6. Time periods set forth in this executive order may be extended by the campus administrator and, at Level II, by the Associate Vice Chancellor, Academic Affairs up to the specified maximums, if any, provided s/he informs the complainant of the new time period in writing.
   7. Care shall be taken to keep confidential the identity of the complainant in so far as feasible and consistent with the law.
   8. CSU employees are prohibited from retaliating against complainants or others who cooperate with the investigation.

Effective: September 1, 2011

Model Complaint Procedure

Model complaint procedure for CSU students/applicants in compliance with HEA Title IV, 34 CFR, Sections 600.9 (a)(1)(i)(A) and 668.43(b)

Student/Applicant Complaint Procedure Notice

The California State University takes very seriously complaints and concerns regarding the institution. If you have a complaint regarding the CSU, you may present your complaint as follows:

1. If your complaint concerns CSU’s compliance with academic program quality and accrediting standards, you may present your complaint to the Western Association of Schools and Colleges (WASC) at http://www.wascsenior.org/comments. WASC is the agency that accredits the CSU’s academic program.
2. If your complaint concerns an alleged violation by CSU of a state law, including laws prohibiting fraud and false advertising, you may present your claim to the campus president or designee at [e-mail address]. The president or designee will provide guidance on the appropriate campus process for addressing your particular issue.

If you believe that your complaint warrants further attention after you have exhausted all the steps outlined by the president or designee, or by WASC, you may file an appeal with the Associate Vice Chancellor, Academic Affairs at the CSU Office of the Chancellor.

Note: Most complaints made to media outlets or public figures, including members of the California legislature, Congress, the Governor, or individual CSU trustees, are referred to the chancellor of the CSU.

Nothing in this disclosure should be construed to limit any right that you may have to take civil or criminal legal action to resolve your complaint.

The CSU has provided this disclosure to you in compliance with the requirements of the Higher Education Act of 1965, as amended, as regulated in 34 Code of Federal Regulations sections 600.9(a)(1)(i)(A) and 668.43(b).

Course Syllabi

Course Syllabi, University Policy, S16-9

Course syllabi enable students to better understand and fulfill their responsibilities as learners in courses. They are a necessary tool in higher education to enable students to take part in the learning process through knowing what is expected of them and what they can expect from the course. Student success is aided by students knowing in advance as much as possible about the course requirements so that they can plan their study time and coordinate work on assignments from multiple courses. Student success is also aided by encouraging students to contact their professors and providing information about key university policies to which they are subject. In addition, syllabi provide an opportunity to model thorough, clear, professional communication.

Review the policy in its entirety here: http://www.sjsu.edu/senate/docs/S16-9.pdf

Review Syllabi Information Website {http://www.sjsu.edu/gup/syllabusinfo/index.html}

Educational Equity

The California State University defines “educational equity” to be”…justice, equal opportunity, fairness and impartiality in the educational processes affecting under represented minorities. It involves the implementation of programs designed to attract, admit and support students heretofore excluded from full participation in the university by conditions of educational and economic disadvantages” (Educational Equity: A Continuing Commitment, published by the California State University, 1989).

The Office of Diversity, Equity and Inclusion leads university-wide efforts to ensure a welcoming, safe climate for every member of the San Jose State community.

San Jose State University defines diversity as the active appreciation, engagement, and support of ALL campus members in terms of their backgrounds, identities and experiences (as constituted by gender, socioeconomic class, political perspective, age, race, ethnicity, religion, sexual orientation, disability, regional origin, nationality, occupation, language, among others, and the intersection of these aspects).

For more information, visit: http://www.sjsu.edu/diversity/

Equal Opportunity

San José State University does not discriminate on the basis of accent, age, ancestry, citizenship status, color, creed, disability, ethnicity, gender, genetic information, marital status, medical condition, national origin, race, religion or lack thereof, sex, sexual orientation, transgender, or veteran’s status. This policy applies to all SJSU students, faculty and staff programs and activities. Title IX of the Education Amendments of 1972, and certain other federal and state laws, prohibit discrimination on the basis of sex in all education programs and activities operated by the university (both on and off campus). Questions regarding this policy should be directed to the Office for Equal Opportunity, 408-924-1115

The California State University is committed to providing equal opportunities to men and women CSU students in all campus programs, including intercollegiate athletics.

For more information, please visit: http://www.sjsu.edu/hr/about_us/hr_directory/eo_unit/title_ix/index.html

Establishing a Committed Presence in Class

Establishing a Committed Presence in a Class, University Policy F15-3

Six instructional days before Census Day, i.e. the 14th day of instruction, is the last day for the student to add a class; this is also the last day for an instructor to drop a student who fails to establish a committed presence in the class. “Establishing a committed presence” is defined as the following options for the student:

• In-person classes. Attending the first class meeting or informing the instructor of the intention to continue in the class before 48 hours after the first official class meeting.
• Online classes. Logging on to the LMS class shell on the first scheduled day of the class or informing the instructor of the intention to continue in the class before 48 hours after the official class start date.

View the full policy here: http://www.sjsu.edu/senate/docs/F15-3.pdf

Faculty Office Hours

University Policy S12-1, Faculty Office Hours

Today’s teaching and learning dynamics have changed dramatically for both students and faculty, with a much greater reliance on electronically mediated methods for communication. Faculty may now spend many hours in “unofficial” office hour time (including evenings and weekends) responding to students’ instructional needs. These consultations are frequently held outside of the physical “official” office hours, but nonetheless constitute instructional and advising time.

View the full policy here: http://www.sjsu.edu/senate/docs/S12-1.pdf

Disciplinary Action Statement

Students who fail to comply with federal, state, and local laws governing the use of alcohol, illicit drugs, and other grounds upon which student discipline can be based, will be subject to sanctions ranging from disciplinary probation up to and including expulsion from the California State University. California State University Executive Order 1098 entitled Student Conduct Procedures governs the procedures that the University follows in student discipline cases.

Any permanent or probationary employee of the California State University may be dismissed, demoted or suspended for any one of several causes, including addiction to the use of controlled substances, conviction of a felony or conviction of any misdemeanor involving moral turpitude or drunkenness on duty (Educ. Code 89535). Employees challenging the imposition of such sanctions may appeal to the State Personnel Board and receive a hearing before an impartial body. Faculty employees have alternative appeal processes outlined in their collective bargaining agreement.

Student Fairness Committee

The Student Fairness Committee is under the jurisdiction of the university’s Academic Senate and is guided by University Policy S14-3. This committee hears complaints of violations of student rights in instructional and curricular matters, including grade appeals, and, when appropriate, makes recommendations for redress. The committee also hears and seeks redress of non-instructional student grievances concerning individual members of the faculty, administration or staff and, when appropriate, makes recommendations for redress.

A grievance can be brought as a result of an unauthorized or unjustified act or decision by a member of the faculty or staff or an administrative officer which in any way adversely affects the status, rights, or privileges of a student. The SFC does not have the authority to receive complaints on matters of sexual harassment, civil rights, disability rights, or equity and diversity. Nor does the SFC deal with allegations of violations of the student code of conduct.

Disputes arising out of assignment of grades or grade appeals shall be considered and decided in accordance with Executive Order 1037. There is a presumption that grades assigned are correct. It is the responsibility of anyone appealing an assigned grade to demonstrate otherwise(EO 1037).

The SFC will hear grade dispute petitions when petitions are deemed to be appropriate and include evidence related to the following conditions:

1. When there is evaluation of students that differs from announced requirements.
2. When there are belated impositions of requirements.
3. When grades are based on criteria other than academic performance in the course.
4. When grading criteria do not provide a clear and consistent method of evaluating students’ work or performance.
5. When students’ requests for information during the semester regarding their academic progress in the course are not responded to in a reasonable time (e.g., two weeks after the request is made).
6. When students’ requests for an explanation of how the posted course grades for a term were determined are not responded to in a reasonable time (e.g., the later of two weeks after the request is made or one week before the add deadline for the fall or spring semester following the term in question).
7. When students are penalized for expressing opinions.
8. When students are given to understand that they are removed from a course without due process of a hearing

Petitions must be filed no later than the end of the subsequent fall or spring semester following that in which the alleged cause of the dispute occurred. Prior to lodging a formal complaint, the student must secure informal, confidential advisement from the University Ombudsperson. Before the committee will accept a petition, the student must exhaust all available avenues for informal resolution (i.e., prior to filing a petition, consult with instructor, Department Chair, and the College Dean - if applicable - about the specific complaint).

Any student may contact the University Ombudsperson ADM 269, 408-924-5995.

Ombudsperson

What steps should I take if I feel my rights have been violated?

If you feel that your rights have been violated or you would like to have an informal discussion with a confidential and neutral point person on campus you are encouraged to connect with the University Ombudsperson.

The University Ombudsperson is an advocate for procedural fairness who supports the integrity of the campus policies and procedures and ensures the equity of their application.

The Ombudsperson provides a neutral, confidential, and informal place to discuss a concern with the assurance that no action will be taken, nor will the visit be disclosed to anyone, without consent.

For More Information:

Administration 269

408-924-5995
ombuds@sjsu.edu
http://www.sjsu.edu/ombudsperson/

CSU and SJSU Administrative Items

• SJSU Policies {http://www.sjsu.edu/senate/policies} - View a list of current University Policies listed chronologically
• Coded Memos {http://www.calstate.edu/acadaff/codedmemos} - Coded Memos for the CSU system affecting Academic and Student Affairs
• Executive Orders {http://www.calstate.edu/eo} - CSU Executive Orders Indexed by Number
• Presidential Directives {https://www.sjsu.edu/president/leadership/directives/index.php} - SJSU - Presidential directives and memos address campus/university policies, issues and various topics

Religious Holidays

Accommodation to Students’ Religious Holidays, University Policy S14-7

San José State University shall provide accommodation on any graded class work or activities for students wishing to observe religious holidays when such observances require students to be absent from class. It is the responsibility of the student to inform the instructor, in writing, about such holidays before the add deadline at the start of each semester. If such holidays occur before the add deadline, the student must notify the instructor, in writing, at least three days before the date that he/she will be absent. It is the responsibility of the instructor to make every reasonable effort to honor the student request without penalty, and of the student to make up the work missed.

To review the policy in its entirety click here: http://www.sjsu.edu/senate/docs/S14-7.pdf

Student Conduct & Ethical Development

Student Conduct and Ethical Development promotes fairness and consistency in the administration of the student conduct process while supporting a safe and inclusive living and learning environment. Student Conduct and Ethical Development commits to the principles of empathy, ethics, equity, integrity, and respect.

Through effective prevention (interactions, outreach, presentations) and response (student conduct process) initiatives, Student Conduct and Ethical Development facilitates ethical development, effective decision making, and problem solving skills and contributes to students’ personal and academic success.

Student Conduct & Ethical Development

ADM 218
408-924-5985
www.sjsu.edu/studentconduct/

Student Conduct Code

Title 5, California Code of Regulations, §41301. Standards for Student Conduct

1. Campus Community Values
   The university is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community should choose behaviors that contribute toward this end. Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.
2. Grounds for Student Discipline
   Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences.
   
   The following behavior is subject to disciplinary sanctions and are the grounds upon which student discipline can be based:
   1. Dishonesty, including:
      1. Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
      2. Furnishing false information to a university official, faculty member, or campus office.
      3. Forgery, alteration, or misuse of a university document, key, or identification instrument.
      4. Misrepresenting oneself to be an authorized agent of the university or one of its auxiliaries.
   2. Unauthorized entry into, presence in, use of, or misuse of university property.
   3. Willful, material and substantial disruption or obstruction of a university-related activity, or any on-campus activity.
   4. Participating in an activity that substantially and materially disrupts the normal operations of the university, or infringes on the rights of members of the university community.
   5. Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus university-related activity.
   6. Disorderly, lewd, indecent, or obscene behavior at a university-related activity, or directed toward a member of the university community.
   7. Conduct that threatens or endangers the health or safety of any person within or related to the university community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
   8. Hazing, or conspiracy to haze. Hazing is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of any school, community college, college, university or other educational institution. The term “hazing” does not include customary athletic events or school sanctioned events.
      
      Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
       
   9. Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia, (except as expressly permitted by law and university regulations) or the misuse of legal pharmaceutical drugs.
   10. Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and university regulations), or public intoxication while on campus or at a university-related activity.
   11. Theft of property or services from the university community, or misappropriation of university resources.
   12. Unauthorized destruction, or damage to university property or other property in the university community.
   13. Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a university-related activity.
   14. Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
   15. Misuse of computer facilities or resources, including:
       1. Unauthorized entry into a file, for any purpose.
       2. Unauthorized transfer of a file.
       3. Use of another’s identification or password.
       4. Use of computing facilities, campus network, or other resources to interfere with the work of another member of the university community.
       5. Use of computing facilities and resources to send obscene or intimidating and abusive messages.
       6. Use of computing facilities and resources to interfere with normal university operations.
       7. Use of computing facilities and resources in violation of copyright laws.
       8. Violation of a campus computer use policy.
   16. Violation of any published university policy, rule, regulation or presidential order.
   17. Failure to comply with directions of, or interference with, any University official or any public safety officer while acting in the performance of his/her duties.
   18. Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well-being of members of the university community, to property within the university community or poses a significant threat of disruption or interference with university operations.
   19. Violation of the Student Conduct Procedures, including:
       1. Falsification, distortion, or misrepresentation of information related to a student discipline matter.
       2. Disruption or interference with the orderly progress of a student discipline proceeding.
       3. Initiation of a student discipline proceeding in bad faith.
       4. Attempting to discourage another from participating in the student discipline matter.
       5. Attempting to influence the impartiality of any participant in a student discipline matter.
       6. Verbal or physical harassment or intimidation of any participant in a student discipline matter.
       7. Failure to comply with the sanction(s) imposed under a student discipline proceeding.
   20. Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.
3. Procedures for Enforcing this Code
   The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the university imposes any sanction for a violation of the Student Conduct Code. [Note: At the time of publication, such procedures are set forth in California State University Executive Order 1098 (Revised June 23, 2015), available at http://calstate.edu/eo/EO-1098-rev-6-23-15.html.]
4. Application of this Code
   Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment

Title 5, California Code of Regulations, §41302. Disposition of Fees: Campus Emergency; Interim Suspension.

The president of the campus may place on probation, suspend, or expel a student for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such student for the semester, quarter, or summer session in which he or she is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which he or she is suspended, no additional tuition or fees shall be required of the student on account of the suspension.

During periods of campus emergency, as determined by the president of the individual campus, the president may, after consultation with the chancellor, place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities.

The president may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension shall be given prompt notice of charges and the opportunity for a hearing within 10 days of the imposition of interim suspension. During the period of interim suspension, the student shall not, without prior written permission of the president or designated representative, enter any campus of the California State University other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion.

Student Conduct Procedures

SJSU is committed to ensuring a safe learning and living environment for students, faculty, and staff. The privilege of attending San José State University is accompanied by certain responsibilities to ensure this environment. The California Code of Regulations, Title 5, Section 41301 establishes behavioral expectations of our students to promote safety and good citizenship. The California State University issued Executive Order 1098, entitled, Student Conduct Procedures, on June 23, 2015 to outline the procedures for administering the Student Conduct Code as well as ensuring students’ rights to due process. The process is intended to be educational in nature, and appropriate sanctions may be administered.

Policy and Implementation

At San José State University the responsibility for administering the Student Conduct Code resides with the Director of Student Conduct and Ethical Development in the Division of Student Affairs. This position is responsible for carrying out the duties in Executive Order No. 1098 assigned to the Student Conduct Administrator, including the determination of whether to initiate disciplinary action.

Students may be accompanied by an advisor of their choice. The advisor’s role is limited to observing and providing consultation, support, and advice to the Student. The advisor may not speak on the Student’s behalf.

San Jose State University excludes attorneys from student discipline proceedings except in limited circumstances where there are (a) pending criminal (felony) charges or (b) the recommended sanction is Expulsion. (Refer to Executive Order 1098, Article II, Section C for additional details about attorneys.)

The duties of the president in Executive Order No. 1098 are delegated to the Vice President for Student Affairs, including the appointment of hearing officers (Article II, section B), review of final reports of hearing officers and issuing notice of the final decision (Article III, Sections E and F), and the imposition of interim suspension (Article VI, Sections H and I).

Student Discipline and Conduct

Questions regarding student disciplinary matters should be directed to Student Conduct & Ethical Development, Administration 218, 408-924-5985 or www.sjsu.edu/studentconduct/.

Student Disciplinary Process

The student conduct process is governed by Executive Order 1098. Copies of this document are available in Student Conduct & Ethical Development, Administration 218, 408-924-5985 or www.sjsu.edu/studentconduct/.

California Code of Regulations

Inappropriate conduct by students or by applicants for admission is subject to discipline as provided in Sections 41301 through 41304 of Title 5, California Code of Regulations.

Disposition of Fees

Disposition of Fees - Campus Emergency - 41302 - Interim Suspension

The president of the campus may place on probation, suspend, or expel a student for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such student for the semester, quarter, or summer session in which he or she is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which he or she is suspended, no additional tuition or fees shall be required of the student on account of the suspension.

During periods of campus emergency, as determined by the president of the individual campus, the President may, after consultation with the chancellor, place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities.

The president may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension shall be given prompt notice of charges and the opportunity for a hearing within 10 days of the imposition of interim suspension. During the period of interim suspension, the student shall not, without prior written permission of the President or designated representative, enter any campus of the California State University other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion.

Conduct by Applicants for Admission - 41303

Notwithstanding any provision in this Chapter 1 to the contrary, admission or readmission may be qualified or denied to any person who, while not enrolled as a student, commits acts which, were he enrolled as a student, would be the basis for disciplinary proceedings pursuant to Sections 41301 or 41302. Admission or readmission may be qualified or denied to any person who, while a student, commits acts which are subject to disciplinary action pursuant to Section 41301 or Section 41302. Qualified admission or denial of admission in such cases shall be determined under procedures adopted pursuant to Section 41304.

Student Disciplinary Procedures for the California State University - 41304

The chancellor shall prescribe, and may from time to time revise, a code of student disciplinary procedures for the California State University. Subject to other applicable law, this code shall provide for determinations of fact and sanctions to be applied for conduct which is a ground of discipline under Sections 41301 or 41302, and for qualified admission or denial of admission under Section 41303; the authority of the campus president in such matters; conduct-related determinations on financial aid eligibility and termination; alternative kinds of proceedings, including proceedings conducted by a hearing officer; time limitations; notice; conduct of hearings, including provisions governing evidence, a record and review; and such other related matters as may be appropriate. The chancellor shall report to the board actions taken under this section.

Drug-Free Schools Statement

In accordance with the Drug-Free Workplace and the Drug-Free Schools and Communities Act (P.L. 102-226) and the Presidential Directive (90-92), SJSU recognizes that the abuse of alcohol and other drugs is a threat to the health and welfare of the campus community and is not compatible with an environment where education takes place. Therefore, the following principles will serve as standards of conduct.

The unlawful manufacture, possession, distribution or use of a controlled substance is prohibited on campus. Violation of this standard may result in dismissal under the applicable regulations of the Title V and will be subject to civil and criminal penalties.

No individual below the age of 21 and no intoxicated individual may use, purchase or possess alcoholic beverages or they may be subject to the penalties imposed by local, state and federal laws.

SJSU recognizes that its policy on illicit drugs and alcohol meets the legal requirements of public laws 101-226, 100-440, 100-690 and the California Penal Code. For more explicit information on the policy and sanctions, contact the Office of the Vice President for Student Affairs or the Student Health Center.

SJSU’s Commitment to Student Health and Safety

SJSU is sincerely concerned for the welfare of all members of its community. The university recognizes that college and university campuses may be particularly vulnerable to the abuse of alcohol and other drugs. Concern for the potential impairment of education and learning and the safety and good health of all members of the campus community, as well as the effective conduct of campus affairs, has led SJSU to issue this information.

This information was prepared to inform members of the campus community of the problems associated with alcohol and illicit drug abuse; to indicate sources of assistance for such problems; to emphasize standards of conduct desired of students, faculty and employees; and to note sanctions associated with infractions of these standards and other illegal acts related to abuse.

All colleges and universities that receive federal funds in any form are required to comply with Public Law 101-226. Partial compliance with this new law requires annual distribution of information to students and employees. This law, in addition to the Drug Free Workplace Act (Public Law 100-690) which requires applicants for federally funded grants and contracts (including certain forms of student financial aid) to certify that they will take affirmative steps to prohibit the unlawful manufacture, distribution, possession and use of controlled substances in the workplace, establishes the legal requirements for SJSU.

A more complete compendium on Federal, State and Local laws is available at the following locations:

• Vice President for Student Affairs, ADM 242
• Human Resources, UPD
• Wellness and Health Promotion Office, Student Wellness Center 101

Safety Report

The Annual Security and Fire Safety Report is published each year in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. The report contains important safety information, SJSU policies, and crime statistics for the previous 3 years.

University Police
www.sjsu.edu/police
408-924-2172

Sexual Harassment

San José State University is committed to maintaining a learning and working environment free from sexual harassment of its students, employees, and those who apply for employee or student status. Sexual harassment is conduct subject to disciplinary action.

SJSU policy defines sexual harassment to include “behaviors such as sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature directed towards an employee, student, or applicant when one or more of the following circumstances are present:

• Submission to or toleration of the conduct is an explicit or implicit term or condition of appointment, employment, admission or academic evaluation
• Submission to or rejection of such conduct is used as a basis for a personnel decision or an academic evaluation affecting an individual
• The conduct has the purpose of interfering with an employee’s work performance or creating an intimidating, hostile, offensive or otherwise adverse working environment
• The conduct had the purpose or effect of interfering with a student’s academic performance, creating an intimidating, hostile, offensive or otherwise adverse learning environment, or adversely affecting any student.

All complaints dealing with sexual harassment should be directed to the Office for Equal Opportunity, which is located in UPD 303, 408-924-1115.