Appendix I: UH System Student Code of Conduct (EP 7.208)

Purpose of this addendum, is to make clear during the COVID-19 pandemic how health and safety requirements, including those incorporated in the University of Hawai‘i COVID-19 Guidelines (Interim) are incorporated into EP 7.208. 

The mission of the 10 campus system, as the state’s only public institution of higher education, is to provide environments in which faculty, staff and students can discover, examine critically, preserve and transmit the knowledge, wisdom, and values that will help ensure the survival of present and future generations with improvement in the quality of life. In carrying out that mission, it is the basic purpose of the university to afford all qualified people in Hawai‘i an equal opportunity for quality college and university education at both undergraduate and graduate levels.

In fulfilling that mission during the COVID-10 pandemic, the UH’s top priority is the health and safety of its students and employees as we face the myriad of challenges caused by COVID-19. As members of the UH ohana, we have obligations to ourselves and to each other to abide by health and safety requirements and guidelines establish by Federal, State, County, and the University relating to COVID-19. Because of the imposing nature of the health and safety requirements during a pandemic, this addendum is deemed necessary to make clear the University’s expectations and requirements, and the consequences of failure to meet those requirements.

The University of Hawai‘i has establish expectations for students, staff, faculty and visitors interacting on campuses related to the COVID-19 panademic and public health concerns. These guidelines are available here: https://www.hawaii.edu/covid19-guidelines/. Additionally, individual University of Hawai‘i campuses have established additional guidelines to further communicate measures and expectations of those interacting on campus:

• Mānoa
• Hilo
• West Oʻahu
• Hawaiʻi
• Honolulu
• Kapiʻolani
• Kauaʻi
• Leeward
• Maui
• Windward

Section IV.B of EP 7.208 (see Article III (B) of the UH West O`ahu Student Code of Conduct) enumerates behavior proscribed by the Student Conduct Code.  The following examples of misconduct are illustrative of how behaviors that violate federal, State, county, UH System or campus COVID policies and guidelines may constitute violation of the Student Conduct Code and be subject to progressive disciplinary action.  Established institutional Student Conduct Code procedures will be administered for all alleged violations before students are denied any educational opportunity, including attending classes or living on campus, afforded to them as a University of Hawai‘i student.  Due to the severity of public health risk, students in violation may be asked to be removed from the class, building/office, or campus immediately.

Violations may include, but are not limited to:

IV.B.2. (see Article III(B)(2) of UH West O`ahu Student Code of Conduct):

Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other UH activities, including its public service functions on or off campus, or of other authorized non-UH activities when the conduct occurs on UH premises.

• Example: Failure to heed the instructions of faculty with respect to physical distancing in lab spaces.
• Example: Failure to heed the instructions of faculty with respect to face coverings in classroom spaces.

IV.B.3. (see Article III(B)(3) of UH West O`ahu Student Code of Conduct):

Any conduct that threatens or endangers the health or safety of any person including but not limited to, physical abuse, verbal abuse, threats, intimidation, harassment, bullying, coercion, stalking as defined below.

• Example:  Belligerent behavior towards faculty, teaching assistants and other students when reminded of proper face coverings in classroom spaces.
• Example: Belligerent behavior towards faculty, staff and other students when reminded of proper face coverings in indoor spaces and outdoor spaces where social distancing is not being practiced.
• Example: Failure to heed instructions when reminded of proper face coverings and physical distancing in indoor spaces and outdoor spaces.

IV.B.4. (see Article III(B)(6) of UH West O`ahu Student Code of Conduct):

Creation of health and/or safety hazards, e.g., dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs.

• Example:  Failure to wear facial coverings correctly  while interacting with others. 
• Example: Gathering in groups and interacting with others and not properly wearing facial coverings and practicing social distancing in indoor spaces and outdoor spaces.

IV.B.10. (see Article III(B)(8) of UH West O`ahu Student Code of Conduct):

Failure to comply with any directions of UH officials or law enforcement officers acting in performance of their duties and/or failure to provide identification to these persons when requested to do so.

• Example: Failure to show UH COVID App clearance when on campus or at a UH-sponsored event, when requested. 

IV.B.12. (see Article III(B)(10) of UH West O`ahu Student Code of Conduct):

Violation of any UH policy, rule, regulation, contract, or agreement published in hard copy or available electronically on any UH website https://www.Hawaii.edu/policy/.

• Example:  Failure to follow the COVID Guidelines (Interim), https://www.hawaii.edu/covid19-guidelines/
• Example:  For those participating in the University’s modified quarantine program, violating the terms of the “Pre-Travel Agreement Between the University of Hawaiʻi and An Out-of-State Student Choosing to Participate in the Modified Quarantine Program”.
• Example:  Failure to conduct daily health self-screenings via the UH app when planning to be on campus or at a UH sponsored event. 

IV.B.13.:

Violation of any federal, state or local law.

• Example:  Violating applicable provisions of the State of Hawai‘i Emergency Proclamations, which have the force and effect of law (and which also may involve criminal sanctions):
  • https://governor.hawaii.gov/covid-19/
  • https://governor.hawaii.gov/wp-content/uploads/2020/07/2007090-ATG_Tenth-Supplementary-Proclamation-for-COVID-19-distribution-signed.pdf, and any subsequent proclamations, e.g.,

https://governor.hawaii.gov/wp-content/uploads/2020/08/2008022-ATG_Eleventh-Proclamation-for-COVID-19-distribution-signed.pdf

• Example:  Violating applicable provisions of the various county emergency orders and proclamations, including those relating to the wearing of facial coverings, physical distancing, and limitations on gatherings, which also have the force and effect of law (and which also may involve criminal sanctions): 
  • City & County of Honolulu:  https://www.honolulu.gov/mayor/proclamations-orders-and-rules.html
  • County of Kauai:  https://www.kauai.gov/covid-19
  • County of Maui:  https://www.mauinuistrong.info/

County of Hawaii:  https://www.hawaiicounty.gov/departments/civil-defense/active-emergency-proclamations

Pursuant to EP 7.208, sanctions, as defined by the Student Conduct Code procedures, may be issued upon a student found responsible for violating the rules and standards contained within the Student Conduct Code and are intended to be primarily educational in nature.  Student Conduct Administrator reserves the discretion to impose sanctions commensurate with the violations found to have occurred, up to and including expulsion. Repeat violations of the Student Conduct Code will be subject to progressive discipline.

Once a student has been found responsible for violating the Student Conduct Code, the Student Conduct Administrator will use all information available, including but not limited to: prior violations of the Student Conduct Code (if any), community service involvement, and/or employment to determine (an) appropriate sanction(s). Specifically with respect to this Addendum, the Student Conduct Administrator will consider facts relevant to the student’s level of disregard for the student’s own health and safety, as well as for the health and safety of others.

1. In cases where a student has been found “more likely than not” to have engaged in prohibited conduct (as listed under Article III(B)(1-3) & 6-20) above), UH West Oʻahu will impose discipline that is consistent with the impact of the offense on the UH West Oʻahu (and any other institution of higher education, if applicable) will be taken in to account, along with any other relevant information while determining sanctions. Disciplinary action taken against a student may include, but  is not limited to, one or more of the following:
   • a. Written Warning—A notice in writing to the student that the student is violating or has violated institutional regulations and a copy of the warning letter is placed in the student’s disciplinary file.
   • b. Probation—Probation is for a designated period of time (which may include the remainder of their enrollment at UH West Oʻahu) and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period. This sanction may require the student to meet with the VCSA (or his or her designee) upon request.
   • c. Loss of Privileges—Denial of specified privileges for a designated period of time.
   • d. Restitution—Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement. 
   • e. Discretionary Sanctions—Work assignments, essay, service to UH West Oʻahu, Community Service or other related discretionary or educational related assignments.
   • f. UH West Oʻahu Mutual No Contact Orders—No unnecessary contact between the Respondent and the Complainant, witnesses, or other individuals (when appropriate).
   • g. Suspension—Separation of the student from UH West Oʻahu for a definite period of time (usually 1 year or less) after which the student is eligible to return. Conditions for readmission may be specified. Suspensions may be effective immediately or deferred.
   • h. Dismissal—Separation of the student from UH West Oʻahu for more than 1 year. The student may be eligible for return. Conditions for readmission, if any, will be specified. Dismissals will be effective immediately unless otherwise stated.
   • i. Expulsion—Separation of the student from UH West Oʻahu permanently. Expulsions will be effective immediately, unless otherwise stated.
   • j. Revocation of Admission and/or Degree—Admission to or a degree awarded from UH West Oʻahu may be revoked for fraud, misrepresentation, or other violation of UH West Oʻahu standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
2. Recommend a system-wide sanctions.
3. Withholding Degree or Certificate—UH West Oʻahu may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of all sanctions imposed, if any.
4. More than one of the sanctions listed above may be imposed for any single violation.
5. The following sanctions may be imposed upon recognized UH West Oʻahu student groups or organizations: 
   • a. Those sanctions listed above in Article IV(B)(1)(a-j).
   • b. Loss of selected rights and privileges for a specified period of time.
   • c. Deactivation—(Loss of all privileges may be issued, including UH West Oʻahu recognition, for a specified period of time.)
6. Once the SCO has determined that a student and/or group or organization has violated the Student Code of Conduct, the SCO shall make a final determination of the sanctions to be imposed, taking into consideration all information presented at the meeting and other information available tot he SCO, if applicable.