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Bad behavior leaves a mark

By Glendalyn Junio

Published: Wednesday, April 15, 2009

Updated: Monday, August 3, 2009

Most students will never be found in violation of the

University of Hawai'i Student Code of Conduct, but the
few who are often are unaware that even a warning
may potentially blotch their permanent record.

Few students take the time to flip through the 16-page

booklet that documents impermissible behavior and the
process of dealing with violations at the university.
"It's one of those things that when the unfortunate
circumstance happens, that's when you become more
ARCHIVE PHOTO
KA LEO O HAWAI'I - Campus Security responded to 789
violations on campus in 2007, according to their 2008
annual report. Of those infractions referred to the Office of
Judicial Affairs during fall 2007, 79 percent resulted in
some form of sanction.

familiar with the Student Code of Conduct," said Alan

Yang, associate vice chancellor for students.

Steps are being taken to update the conduct code, last revised in 1992, and to better clarify the
process for handling violations. Prior to spring break, the dean of students from each campus
held a meeting to discuss streamlining disciplinary procedures and making the conduct code
more understandable.

According to Yang, the draft of the revised conduct code looks to remedy any
misunderstanding presented by the current code by reducing the levels in the student process.

Drafts of the proposed new code have been presented to the Student Caucus, a group that
represents student concerns at the system level. Student government organizations from all
UH campuses have two representatives that have been made aware of the direction and
prospective changes of the code interpretation, according to Yang.

"Oftentimes there are people that equate it to criminal or civil proceedings, and it is really clear

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that these processes are totally separate from criminal or civil proceedings," Yang said.

Proposed changes include the elimination of legal jargon, as well as the students' option to
involve attorneys during their disciplinary hearing, an action other universities nationwide have
taken.

"When you bring in an attorney, it almost becomes like a court of law and it changes the tenure
of the meeting," said Dee Uwono, who heads the Office of Judicial Affairs at the Queen
Lili'uokalani Center. "Sometimes attorneys have told students to remain silent. While in the
court system it may be helpful, in our system it's contrary."

According to Uwono, if the individual's reasons for their misbehavior are not heard, then UH is
unable to help. Sanctions imposed by the office intend to provide students with object lessons.

"Frankly, its better that they learn it here than they do out in the community or in a work place
environment, where the repercussions, in all probability, will be more serious," Yang said.

The current conduct code documents a number of impermissible behaviors, disciplinary

sanctions and the process for dealing with violations of the student code. There are six
different sanctions that the office may impose, according to the code.

The most minimal sanction is a written warning informing the student of their violation. At this
level, however, the student's record is already blemished.

"Anything from a warning is a permanent record," Uwono said. "If government agencies,
employers, or even schools and graduate schools call, we have to disclose that they have a
record. Some will only want to know the year and status (and not the action itself), but it just
depends on the request."

However, being placed on a warning sanction is not typically imposed immediately after an
individual's impermissable behavior. According to Uwono, there is a clear difference between
being placed on a sanction of a warning and being sanctioned to certain mandatory meeting or
counseling.

"Sometimes I will meet with a student on a lower-level case (at the resident halls) and I will
sanction them to whatever follows the Student Housing code violation process," Uwono said.
"In this, they didn't necessarily rise to the level of the conduct code where they will get a
permanent record."

In cases heard by Uwono last spring, 26 percent involved a warning issued to the individual,

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while 27 percent of cases led to probation and 3 percent to suspension. No action was taken in
44 percent of cases.

"We look at the type of infraction, the intent and their honesty," Uwono said. She also said that
warning sanctions are imposed based on the totality of the behavior.

"Nobody is interested in punishing. The whole idea of coming to a university is to broaden your
horizons, to be educated," Yang said. "There are very clearly situations where health and
safety of individuals are of concern, where things such as suspension or dismissal are simply
called for."

CODE OF CONDUCT STATS

Percentage of cases by gender Male 87.50 percent Female 12.50 percent

Type of sanction Warning: 26 percent Probation: 27 percent Suspension: 3 percent Dismissal:

0 percent No Action: 44 percent

Figures taken from the spring 2008 semester.

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