Part I - University Standards

Preamble

University disciplinary processes take appropriate action when student conduct directly and significantly interferes with the University's primary educational responsibility of insuring all members of its community the opportunity to attain their educational objectives in consonance with the institution's mandate. These regulations governing student behavior have been formulated to be reasonable and realistic for all students.

When a student has been apprehended for the violation of a law of the community, the state, or nation, it is the University's position not to request or agree to special consideration for the student because of his or her student status. It should be understood that the University is not a law enforcement agency. At the same time, the University does not conceive of itself as a "sanctuary" for law breakers. The University has always been and should continue to be concerned that whenever students are involved in legal problems they be adequately advised and represented by qualified counsel.

A university, especially a State University subject to constitutional requirements, must guarantee students the rights which the society and its laws protect. An American university guarantees its students these rights on a campus.

Students who violate a local ordinance, or any law, risk the legal penalties prescribed by civil authorities. However, violation of law for which the student pays the penalty will not necessarily involve a violation of academic standards or rules of the University. The University cannot be held responsible for off-campus activities of its individual students but maintains an interest in all behavior, whether on or off-campus, which may adversely affect the University. In cases involving violations of the law which occur off campus, the University may be concerned with the incidents which, by their nature adversely affect the University's educational mission.

In any University disciplinary procedure one of the highest priorities of the University is to safeguard the student's right to due process. Due Process is not an evasive legal concept but rather simply requires the rudimentary elements of "fair play" in an administrative proceeding. To this end, all University disciplinary procedures will at least afford the defendant a clear statement of the charges and the nature of the evidence upon which the charges are based. Secondly, the defendant shall be given the chance to have a fair hearing, be allowed to confront and cross-examine witnesses, and present his or her own position, evidence and explanation. Lastly, no disciplinary action will be taken unless the charges are substantiated by the evidence. The courts have indicated that if these minimal elements of "fair play" are fulfilled, the defendant will have been afforded due process under the law.

In summary, the University expects and asks for its members no greater or no less freedom or liberty than exists for other persons in society. The University's position, therefore, is not to request or agree to special consideration because of the student's status. The University will not interfere with law enforcement and other agencies. As part of its educational mandate, it will be concerned about student rehabilitation and contribution to campus and society now and into the future.

Further information on academic policies can be found at the Student Response Center web site, which can be found at http://src.buffalo.edu/policies/index.shtml and the Graduate Policies site, found at http://www.grad.buffalo.edu/policies/index.php.

Related Sites

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