WASHBURN UNIVERSITY OF TOPEKA BOARD OF REGENTS MINUTES February 10, 1999 ____________________________________________________________ I. Call to Order Chairperson Parks called the meeting to order at 7:35 p.m. in the Kansas Room of the Memorial Union. II. Roll Call Present were: Mr. Blair, Mr. Dick, Mr. Engel, Mr. Ferrell, Mrs. Parks, Mr. Roth, Mrs. Wagnon and Dr. Ybarra. III. Approval of Minutes of January 13, 1999 meeting as circulated It was moved and seconded to approve the Minutes of the January 13, 1999 meeting as circulated. IV. President's Report President Farley announced the production Joe Turner has Come and Gone will open in the University's Little Theatre February 26. President Farley announced that the Clyde Hill Legislative Interns have been named. They are: Michael Brassel, Topeka; Jessica Bourquin, Arnold; Scott Johnson, Colby; Nicholas Rudman, Hutchinson; and William Votypka, Olathe. Dr. Farley reported that in the past week the University was able to announce the receipt of a major gift from a former faculty member, Dr. Dale Marcoux who, along with his wife, made a testamentary gift of $1.9 million to be used to scholarships in the School of Business. He said that this scholarship will permit the University to award approximately twenty tuition scholarships for business school students beginning in about a year. He circulated a copy of the article appearing in the Topeka Capital Journal authorized by Bill Blankenship. He reported that also in the past week the University held a career fair in Lee Arena which featured over 80 businesses, local and regional. He said it was a "grand success" and, he said that Washburn Day at the Statehouse was a success with approximately 25-30 alums, a number of students as well as members of the Board of Regents and others in the room attending. He said the event was capped with a reception at the Bradbury Thompson Center at 5:30 p.m. which was exceptionally well attended. He said he wanted to compliment Mr. Monical and his staff for doing a terrific job in organizing the events. He said the University's Boy Scout Merit Badge fair was held last weekend on the campus with scouts attending various sessions to earn Merit Badges. He said there were approximately 225 Boy Scouts with 60+ leaders. Many of the sessions were taught by members of the faculty and staff. He said that by all accounts, the event was a grand success but said the credit belongs to Tom Ellis as well as Carol Vogel and others in the room for the success of the event. President Farley announced that the cumulative grade point average for student athletes from the fall 1998 semester is 2.96 and complimented Mr. Ferré and his staff on the students success. He reported that the Washburn Endowment Association, Washburn Alumni Association and Washburn University Relations recently received a institutional advancement awards from the Council for Advancement and Support of Education regional meeting in Kansas City. WEA received a gold and a bronze award for program mailings for financial support; a silver award for special constituency giving; and a bronze award for publications improvement; Washburn Alumni Association won a gronze award for their Washburn Alumni Membership Campaign; and, Washburn University Relations received a silver and a bronze award for two television commercials developed and produced by FryeAllen Inc. Finally, he said the American Bar Association statistics recently released showed Washburn University School of Law as 14th around the nation in the percentage of its alumni making contributions to their alma mater with some 32 percent making contributions. He said Washburn ranks third among public law schools behind only the University of Michigan and the University of Virginia. Board Chair Parks commended the athletes for their efforts in the classroom and the School of Law for making history. Mayor Wagnon made a request that in the future at the reception for Legislators held following Washburn Day at the Statehouse also include members of the City Council. V. New Business A. Action Items 1. Academic Sabbaticals - 1999-2000 It was moved and seconded to approve the award of Academic Sabbaticals as recommended by President Farley. Motion passed unanimously. Award of Academic Sabbaticals approved are as follows: Prof. Faulkner, Fall 1999; Prof. Kaye, Fall 1999; Prof. Kennedy, Spring 2000; Prof. Lasso, Fall 1999; Prof. Wolf, Spring 2000; Associate Prof. Dimmitt, Spring 2000; and, Associate Prof. Hsia, Fall 1999. 2. Policies a. Student Disciplinary Code It was moved and seconded to approve the Student Disciplinary Code as proposed with amendments circulated at the meeting. Motion passed unanimously. b. Poster Policy It was moved and seconded to delegate to the President of the University authority to develop reasonable time, manner and place restrictions on posting of announcements and signs in University buildings. Motion passed unanimously. 3. Expenditures over $25,000 a. Air Conditioning of Weight Training Rooms in Petro It was moved and seconded to approve the award of a contract to McElroy's Inc. in the amount of $38,950.00 to air condition the weight raining rooms in Whiting Field House. 4. FY 2000 Budget Guildelines * Chairperson Parks, with consent of the Board, deferred this action item until after conclusion of the information item. B. Consent Agenda It was moved and seconded to approve the Consent Agenda. Motion passed unanimously. As approved by the Board of Regents: 1. Financial Reports a. Depository Security Transactions; b. Liquidated Claims Approval - December, 1998; and, c. Public Fund Investments C. Information Items 1. Administrative Salary Study Personnel Director, Deborah Birney, and Affirmative Action Director, Carol Vogel, made a PowerPoint presentation to the Board summarizing the findings of a study made of the administrative salaries for employees at the University. Copies of the PowerPoint slides are appended to the written Minutes. * A. 4. FY 2000 Budget Guidelines It was moved and seconded to approve the Budget Guidelines for Fiscal Year 2000 as recommended by President Farley. Motion passed with Regent Engel voting no. SUMMARY OF PROPOSED GUIDELINES EXPENDITURES: Salary/Wage Increase of 3.0% $ 660,534 Faculty Salary Improvement Pool of 1.0% 115,000 Faculty Promotions 17,000 2+2 PLAN Program 162,340 Utility Increase of 1.25% 12,905 Increase in School of Law State Aid 30,934 Total Expenditure Increase $ 998,713 FUNDING SOURCES: Increase in State-aid $ 368,319 Tuition Rate Increase of 3% (excluding Law) 388,500 Tuition Income --- 2+2 PLAN Program 253,125 Increase in Assessed valuations (5.2%) 246,327 Other Revenues & Adjustments (245,402) Total Revenue Increase 1,010,869 Unallocated Budget from FY99 33,099 Total Sources of Funding 1,043,968 UNALLOCATED RESOURCES OVER EXPENDITURES $ 45,255 It was moved and seconded to adjourn. The meeting of the Board of Regents adjourned at 9:25 p.m. ___________________________ Kenneth P. Hackler Secretary, Board of Regents WASHBURN UNIVERSITY STUDENT DISCIPLINARY CODE as approved February 10, 1999 by the Board of Regents I. General Provisions The students of Washburn University are responsible for complying with policies, standards, rules, and requirements for academic and social behavior formulated by the university community. At the same time, students have protection through orderly procedures against arbitrary or capricious actions or decisions by university authorities. Due process is recognized as essential to the proper enforcement of university rules. The purpose of this document is to provide a procedure and rules by which a student will be afforded due process in the matter of alleged violations of university standards, rules and requirements governing academic and social conduct of students. The Coordinator of Student Discipline shall be the principal officer responsible for implementing the Student Disciplinary Code. The Coordinator shall ensure due process for students by following the proper steps related to the initiation, investigation, and disposition of complaints against a student which are outlined in Section VI of this document. A basic principle to be used in implementing these procedures is that the student disciplinary process should be developmental, rather than merely punitive, in nature. Any student is subject to these rules, independent of any other status the individual may have with the university. Any action taken against a student under these rules shall be independent of other actions taken by virtue of another relationship with the university in addition to that of student. Washburn University distinguishes its responsibility for student conduct from the controls imposed by the larger community beyond the university, and of which the university is a part. The university does not have the responsibilities of a parent for the conduct of students, and is not responsible for conduct of students off campus. However, when the off campus behavior of students can be reasonably expected to adversely affect the safety and security of persons on campus or the orderliness of the university educational process, the university must implement the procedures provided for in this Code. When students are charged with violations of laws of the nation or state, or ordinances of the county or city, the university will neither request nor agree to special consideration for students because of their status as students, but the university will cooperate with law enforcement agencies, courts, and any other agencies in programs for rehabilitation of students. Washburn University reserves the right to impose the provisions of this policy and apply further sanctions before or after law enforcement agencies, courts, and other agencies have imposed penalties or otherwise disposed of a case. When used in this document: (1) "Student" shall mean a person enrolled at the university, other than in the school of law; or a person accepted for admission or readmission to the university, other than the school of law. (2) "University community" shall include the employees and students of Washburn University and all property and equipment of the university. (3) "Unreleased test" shall mean a test not authorized by its creator for any use other than the actual testing of students. (4) "Sex offense" for purposes of this policy and compliance with the Campus Security Act of 1990 as amended, means the offenses described in Article 35, Chapter 21 of the Kansas Statutes Annotated (K.S.A. 21-3501 et seq.) and include rape, indecent liberties with a child, criminal sodomy, adultery, lewd and lascivious behavior, enticement of a child, indecent solicitation of a child, prostitution, promoting prostitution, patronizing a prostitute, sexual exploitation of a child, sexual battery and promoting sexual performance by a minor. (5) "Sexual assault" for purposes of this policy and compliance with the Campus Security Act of 1990 as amended, means one of the following "sex offenses": Rape (K.S.A. 21-3502), Indecent liberties with a child or aggravated indecent liberties with a child (K.S.A. 21-3503 & 21-3504), criminal sodomy or aggravated criminal sodomy (K.S.A. 21-3505 & 21- 3506), sexual exploitation of a child (K.S.A. 21-3516) and sexual battery or aggravated sexual battery (K.S.A. 21-3517 & 21-3518). II. Proscribed Behavior A student shall be subject to disciplinary action or sanction upon violation of any of the following conduct proscriptions: (l) Disruption and disorderly conduct which interferes with the rights and opportunities of other students to pursue their academic studies. (2) Academic dishonesty in all its forms including, but without being limited to: (a) Cheating on tests. (b) Copying from another student's test paper. (c) Using materials during a test not authorized by the person giving the test. (d) Collaboration with any other person during a test without authority. (e) Attempting to obtain, or knowingly obtaining, using, buying, selling, transporting or soliciting in whole or in part the contents of an unreleased test or information about an unreleased test. (f) Bribing any other person to obtain an unreleased test or information about an unreleased test. (g) Substituting for another student or permitting any other person to substitute for oneself to take a test. (h) "Plagiarism" which shall mean the appropriation of any other person's work and the unacknowledged incorporation of that work in one's own work offered for credit. (i) "Collusion" which shall mean the unauthorized collaboration with any other person in preparing work offered for credit. (3) Filing a formal complaint with the Coordinator of Student Discipline with the intention of falsely accusing another with having violated a provision of this code. (4) Furnishing false information to the Coordinator or the Disciplinary Appeal Board with the intent to deceive, the intimidation of witnesses, the destruction of evidence with the intent to deny its presentation to the Coordinator or the Disciplinary Appeal Board, the willful failure to appear before the Coordinator or the Disciplinary Appeal Board, when properly notified to appear. (5) Intentionally setting off a fire alarm or reporting a fire or other emergency or tampering with fire or emergency equipment except when done with the reasonable belief in the existence of a need to do so. (6) Forgery, alteration, unauthorized destruction, unauthorized use, or misuse of university documents, records, or identification cards. (7) Physically abusing, harassing, or intentionally inflicting severe emotional distress upon a member of the university community on or off campus; or physically abusing, harassing or intentionally inflicting severe emotional distress upon a non- member of the university community on campus or while engaged in university activities off campus. (8) Theft or malicious destruction, intentional damage, or misuse of university property; or theft or malicious destruction, intentional damage, or misuse on campus of property of a nonmember of the university community. (9) Unauthorized seizure or occupation or unauthorized presence in any university building or facility. (l0) Intentional disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other university activities or programs. (11) Intentional participation in a demonstration which is in violation of rules and regulations governing demonstrations promulgated by the university. (l2) Unauthorized entry upon the property of the university or into a university facility or any portion thereof, including a computer file. Unauthorized presence in any university facility after closing hours; or unauthorized possession or unauthorized use of a key to any university facility. (13) Failure to comply with directions of university officials or law enforcement officers acting in performance of their duties or failure to identify oneself to these persons when requested to do so. (14) Possession or use on campus of any firearm, dangerous weapon or incendiary device or explosive unless such possession or use has been authorized by the university. (15) Possession, use, or distribution on campus of any controlled substance as defined by the laws of the United States or the State of Kansas except as expressly permitted by law. (16) Possession or use of alcoholic beverages on campus except as permitted under policies adopted by the Board of Regents. (17) Violation of clearly stated proscriptions in any published rule or regulation promulgated by any official campus committee or commission or council acting within the scope of its authority. (18) Violation on campus of any state or federal law or violation of any state or federal law off campus while participating in any university sponsored activity, including, but not limited to sex offenses and/or sexual assault as defined by the laws of the state of Kansas. III. Disciplinary Sanctions The following definitions of disciplinary terms have been established and may be the sanctions imposed by the Coordinator or by the Disciplinary Appeal Board. (l) Warning. Notice in writing that the student has violated university rules or regulations or has otherwise failed to meet the university's standard of conduct. Such warning will contain the statement that continuation or repetition of the specific conduct involved or other misconduct will normally result in one of the more serious disciplinary actions described below. (2) Disciplinary Probation. Formal action specifying the conditions under which a student may continue to be a student at the university including limitation of specified activities, movement, presence on the Washburn campus or eligibility to receive institutional financial aid. The conditions specified may be in effect for a period of time or for the duration of the student's attendance at the university. (3) Restitution. An individual student may be required to make restitution for damage or loss to university or other property and for injury to persons. Failure to make restitution will result in suspension for an indefinite period of time as set forth in subsection (4) below provided that a student may be reinstated upon payment. (4) Suspension. Dismissal from the university and from status as a student for a stated period. The notice suspending the student will state in writing the term of the suspension and any condition(s) that must be met before readmission is granted. The student so suspended must demonstrate that the conditions for readmission have been met. There is to be no refund of fees for the semester in which the action is taken. (5) Deferred Suspension. Notice of suspension from the university with the provision that the student may remain enrolled contingent on meeting a specified condition. Not meeting the contingency shall immediately invoke the suspension for the period of time and under the conditions originally imposed. (6) Expulsion. The surrender of all rights and privileges of membership in the university community and exclusion from the campus without any possibility for return. IV. Readmission After Suspension Any student suspended from the university under the provisions of the Student Disciplinary Code may be readmitted upon expiration of the time period specified in the document of original suspension. If circumstances warrant reconsideration of the suspension prior to its time of expiration, the student may be readmitted following approval of a written petition submitted to the Vice President for Academic Affairs. Such petitions must state reasons which either provide new evidence concerning the situation which resulted in the suspension, or demonstrate that earlier readmission is in the best interest of the student and the university. Approval for such readmission must be given by the Vice President. Students who have been suspended and whose suspension upon appeal is found to have been unwarranted shall be provided full opportunity to reestablish their academic and student standing to the extent possible within the abilities of the university, including an opportunity to retake examinations or otherwise complete course offerings missed by reason of such action. V. Initiation, Investigation, and Disposition of Complaints The following rules will govern the processing of alleged violations of the proscribed conduct listed in the Student Disciplinary Code. (l) A complaint alleging misconduct against any student at the university may be filed by anyone at the office of the Coordinator. Students, faculty members, administrators and other employees of the university shall have concurrent authority to request the commencement of the disciplinary proceedings provided for in this chapter. A person filing a complaint shall be complainant of record. (a) When a sex offense is alleged: any person who is the victim of, or has knowledge of, an alleged sex offense occurring on the University's campus, as defined by the Campus Security Act of 1990, may notify the University's Police/Security personnel who shall contact the alleged victim(s) to determine (1) whether the victim wishes to pursue disciplinary action available to him or her under the University's Student Disciplinary Code or other University policy; and/or (2) to report the alleged incident to the City of Topeka Police Department. In the event the victim of the alleged offense wishes to file a complaint with the City of Topeka Police Department, the University's Police/Security personnel shall render such assistance as is possible give the circumstance surrounding the alleged incident. NOTICE - Anyone who is a victim of an alleged sex offense should take steps to preserve any and all physical evidence relating to the alleged incident. (2) Any student charged in a complaint shall receive written notification from the Coordinator and be provided a copy of the Student Disciplinary Code. Such notice shall: (a) Inform the student that a complaint has been filed alleging that the student violated specific provisions of the Student Disciplinary Code and the date of the violation(s); and (b) Set forth those provisions allegedly violated; and (c) Giving the student not less than 48 hours to prepare for the meeting, specify a time and date when the student is required to meet with the Coordinator; and (d) Inform the student that failure to appear at the appointed time at the Coordinator's office may subject the student to suspension from the university. (3) When the Coordinator meets with the student, the Coordinator shall: (a) Review the facts of the alleged violation with the student; and (b) Conduct an investigation into the alleged violation. (4) Upon completion of the review with the student and/or the investigation, the Coordinator may: (a) Drop the charges, when they appear to be invalid or without substance or capricious; (b) Issue a verbal warning; (c) Apply any of the sanctions as outlined in Section III above, if such sanction is warranted by the evidence; (d) Present the case to the Disciplinary Hearing Board; or (e) Invoke the summary suspension procedure as outlined in Section VIII, below, when deemed appropriate. (5) The Coordinator shall inform the student that the Coordinator's sanction may be appealed if the student disagrees with the Coordinator's actions the student may seek a referral of the matter to the Disciplinary Hearing Board, and that if a referral is sought, the Coordinator shall take no action nor make any determination, except for summary suspension, in the matter other than to inform the student of the time, date, and location of the hearing by the Disciplinary Hearing Board. VI. Disciplinary Hearing Board The Disciplinary Hearing Board shall be the principal campus-wide judicial body with jurisdiction over all students, whether graduate or undergraduate (except law students charged with violations of the Law School Honor Code), and student organizations and with authority to hear all charges of misconduct brought under this Disciplinary Code. It has authority to impose the sanctions described in Section III. The School of Law has established separate disciplinary procedures over which the Disciplinary Hearing Board has no jurisdiction. A student seeking a referral of a disciplinary matter to the Disciplinary Hearing Board must request a referral in writing within three working days from the time the student is first notified of the Coordinator's findings in writing. The appeal must be filed request for referral must be filed with the Vice President for Academic Affairs. Failure to file such a request within the required time period will constitute and be construed as full acceptance by all parties of the findings. The Board shall consist of the Vice President for Academic Affairs, two faculty members appointed by the Vice President for Academic Affairs, and two students appointed by the Washburn Student Association. The Vice President shall serve as Chair, having no vote except in the case of a tie. VII. Procedures for Hearing Before the Disciplinary Hearing Board (l) When a case is presented or referred to the Disciplinary Hearing Board the Coordinator shall forward to the Board, with copies to the student: (a) A statement describing the alleged misconduct; (b) The name and address of the complainant; (c) The name and address of the student charged; and (d) All relevant facts and statements. (2) The Vice President shall arrange for a hearing in the following manner: (a) The Vice President shall determine the time and place of the hearing, which shall be at least three days after delivery of written notice of the hearing to the student. Time and place shall be set to make the least inconvenience for all interested parties. (b) No case shall be heard unless the full membership of the hearing board is present. (c) Under the provisions of the Campus Security Action of 1990 as amended, it is the policy of the University that both the accuser and the accused are entitled to have others present at any stage during the disciplinary proceeding involving any case of alleged sexual assault. However, the right to have others present at any stage during the disciplinary proceeding is limited to having the other serve in an advisory capacity to the accused or the accuser. Sanctions which may be imposed by the University include, but are not limited to, expulsion, suspension or probation. (3) The hearing will be conducted in open session unless a motion to recess to executive session is made by the student to close the session. (4) The student may have an attorney or lay advisor(s) present and may present witnesses. The formal rules of evidence shall not be applicable to hearings under this code. VIII. Summary Suspension Proceedings The Coordinator may summarily suspend any student from the University pending investigation, action or prosecution of charges of an alleged proscribed conduct violation or violations, if the Coordinator has reason to believe that the student's physical or emotional safety and well-being or the safety and well-being of other University community members, or the protection of property requires such suspension. (1) If the Coordinator finds it necessary to exercise the authority to summarily suspend a student the Coordinator shall: (a) Give to the student an oral or written notice of intent to determine if summary suspension is an appropriate action; (b) Give an oral or written notice of the alleged misconduct and violation(s) to the student; (c) Give an oral or written explanation in support of the charge(s) to the student; (d) Give an oral or written notice of the time and place of the summary suspension hearing, which shall be within 36 hours of the delivery of notice to the student, and (e) Give an oral or written explanation of the summary suspension which may be imposed on the student. (2) At the place and time designated for the summary suspension hearing, the Coordinator shall: (a) Consider the evidence relating specifically to the probability of danger to the student, to others on campus, or to property; (b) Provide the student with an opportunity to show why continued presence on the campus does not constitute a danger to the student, to others, or to property; (c) Give immediate oral notice of his decision to be followed by written notice; and (d) If summary suspension is warranted, summarily suspend the student for no more than 5 working days with a hearing before the Disciplinary Hearing Board of the allegations to have commenced by the end of the suspension period. (3) If a student has been instructed by the Coordinator to appear for summary suspension proceedings and then fails to appear at the time designated, the Coordinator may suspend the student from the university, and shall send written notice of suspension from the university to the student at his last address of record on file with the university. (4) During the period of summary suspension, the student shall not enter the campus of the university other than to meet with the Coordinator. However, the Coordinator may grant the student special permission for the express purpose of meeting with faculty, staff, or students in preparation for a hearing before the Disciplinary Hearing Board.