Administrative policy regarding regulations for student behavior
(A) Purpose. The university attempts to provide for all students a university environment that is conducive to scholarship, social growth and individual self-discipline.
(B) Jurisdiction. The code of student conduct shall apply to conduct occurring on university premises, at university-sponsored activities, and to off-campus conduct that adversely affects the university community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. The code of student conduct shall apply to a student's conduct even if the student withdraws from the university while a disciplinary matter is pending. The vice president for enrollment management and student affairs maintains discretion to decide, on a case by case basis, whether the code of student conduct shall be applied to conduct occurring off campus.
(C) Scope. In pursuit of this goal, students are expected to abide by local, state, and federal laws, as well as to adhere to all university rules and regulations contained in the university register. Any student found to have committed or to have attempted to commit the following misconduct is subject to sanctions outlined in the code of student conduct. Violations include, but are not limited to:
(a) Use or possession of alcoholic beverages except as expressly permitted by law, university rules, regulations, or policies; and/or public intoxication.
(b) Distribution of alcoholic beverages except as expressly permitted by law and university rules, regulations, or policies.
(c) Violation of residence hall polices pertaining to empty alcohol containers.
(2) Animals. Possession or accompaniment of animals in any university building at any time. Exceptions include authorized laboratory animals, animals trained to assist persons with disabilities, allowable pets within specific residence services guidelines, and any other applicable university rules, regulations, and policies.
(3) Arson. Causing a fire or explosion, or unauthorized use of any potential incendiary device / equipment.
(4) Complicity. Presence during any violation of University rules, regulations, or policies in such a way as to condone support, or encourage that (attempted or carried out) violation.
(5) Computer misuse. Including but not limited to electronic materials, equipment, technological resources, e-mail, social media, etc.
(a) Unauthorized access into a file including but not limited to: using, reading, transferring, or changing the contents.
(b) Use of another individual's identification and/or password.
(c) Use of computing facilities and/or email to interfere with the work of another student, faculty member or University official.
(d) Use of computing facilities and/or e-mail to send obscene, threatening, or abusive messages or images.
(e) Use of computing facilities and/or e-mail to send unsolicited or unauthorized messages with the intention of reaching a mass of recipients.
(f) Violation of the Digital Millennium Copyright Act of 1998.
(6) Controlled substances. Use, possession or distribution of narcotics, controlled substances, and/or related paraphernalia except as expressly permitted by law.
(7) Destruction/misuse of property.
(a) Destroying, defacing, tampering with, materially altering or otherwise damaging property not one’s own. This includes
, but is not limited to ,: doors, windows, elevators, swipe card mechanisms, restroom equipment, vending machines, University transportation equipment, classroom equipment, etc.
(b) Creating a condition that endangers or threatens property not one’s own.
(8) Discrimination. Intentional or unintentional act that treats an individual or group in an adverse manner based upon a protected category. Protected categories include, but are not limited to: race, color, religion, gender, age, sexual orientation, national origin, ancestry, disability, genetic information, age, military status, or identity as a disabled veteran or veteran of the Vietnam era, recently separated veteran, or other protected veteran.
(9) Disorderly conduct. Actions that are disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace or obstruct teaching, research, administration, or University activities or functions.
(a) Creating a risk of bodily harm to self/others.
(10) Gambling. Gaming or betting for money or other possessions on University property or in any University operated or managed facility in violation of University rules, regulations, and policies.
(11) General safety.
(a) Failure to conform to University safety regulations, including
, but not limited to: residence halls policies outlined in the Hallways Handbook and campus laboratory guidelines.
(b) Tampering with, or misuse of, fire alarms and firefighting equipment, including but not limited to: fire extinguishers, fire hoses, heat and smoke detectors, sprinkler systems, or other safety devices.
(c) Possession of flammable items, including, but not limited to
- candles, incense, or other items which maintain a purpose of being used in a flammable way.
(a) Threatening or intimidating a person creating a rational fear within that person.
(b) Engaging in a course of conduct or repeatedly committing acts directed at another person which would seriously annoy a rational person.
(c) Creating a condition which endangers or threatens the health, safety or welfare of another person.
(d) Physically restraining or detaining another person, or removing any person from any place where he or she is authorized to remain.
(13) Hazing. Any action or situation intentionally created that produces mental or physical discomfort, embarrassment, harassment or ridicule.
(14) Impaired driving. Operating a motor vehicle while under the influence of drugs or alcohol.
(15) Laws. Violation of federal, state or local law(s). A finding of a violation under the code of student conduct is separate and distinct from a conviction or acquittal in any non-University proceeding.
(16) Misrepresentation. Knowingly distorting or altering the truth for personal gain or favor, including but not limited to: falsification of admissions application, possessing false identification, or falsification of documents provided to University faculty or staff.
(17) Physical violence. Punching, slapping, kicking, or otherwise striking any person(s); and/or other conduct which threatens or endangers the health, safety, and/or welfare of any person.
(18) Reasonable request. Failure to comply with a reasonable request of a university official(s) carrying out his/her duties and responsibilities, including but not limited to: a person instructing a class, a librarian or designee in a library, a law enforcement officer, or a residence services staff member.
(19) Recording privacy. Using electronic or other means to make an audio, video, or photographic record of any person in a location where there is a reasonable expectation of privacy, without the person’s prior knowledge and written consent. The storing, sharing, and/or distributing of such unauthorized records by any means are prohibited. This includes but is not limited to: taking video or photographic images in showers/locker rooms, residence hall rooms, and restrooms.
(20) Residence hall policies. Failure to comply with residence hall policies outlined in the hallways handbook, including but not limited to: escort, room capacity, restroom, quiet/courtesy hours, improper room change, odor of marijuana, Illegal appliances, and visitation.
(21) Sexual misconduct. Any intentional sexual touching, no matter how slight, with any body part or object, by either a man or a woman upon either a man or a woman, that is without consent. See Administrative policy and procedures regarding complaints of gender discrimination, sexual harassment, and sexual misconduct (rules 3342-5-16., 3342-5-16.1, 3342-5-16.2 of this Administrative Code) for further details. Sexual misconduct includes but is not limited to:
(a) Sexual harassment
(b) Non-consensual sexual contact
(22) Smoking. Prohibited in all University buildings and vehicles, and where posting prohibits.
(23) Student conduct process. Non-compliance with or misuse of the student conduct process, including but not limited to:
(a) Falsification, distortion, or misrepresentation of information before a student conduct hearing officer, hearing panel, or convener.
(b) Disruption or interference with the orderly procedures of a student conduct hearing.
(c) Attempting to discourage an individual’s proper participation in, or use of, the student conduct process.
(d) Attempting to influence the impartiality of, or to intimidate, participants in the student conduct process prior to, and/or during the course of, a student conduct proceeding.
(e) Failure to comply with the sanctions(s) imposed under the code of student conduct.
(24) Theft. Using, taking, and/or possessing property or services that are knowingly not one’s own and/or without permission of the owner.
(25) Trespass/unauthorized entry. Knowingly entering or remaining in a building, office, residence hall room or any other properties at any time without appropriate permission or authorization.
(26) University grounds.
(a) Use of University space and grounds by an organization or person without reservation of the space or proper authorization.
(b) Operation or use of bicycles, skateboards, rollerblades, or other recreational items:
(i) In any University building or facility.
(ii) On any artificial or specially prepared surface including but not limited to: tennis courts, running tracks and basketball courts.
(iii) On a sidewalk, walkway, steps, or a stairway that duly interferes with pedestrian traffic and/or demonstrates a lack of necessary caution regarding pedestrian right-of-way.
(iv) In a reckless or unsafe manner on University grounds.
(27) University rules. Violation of published University policies, rules, or regulations.
(28) Weapons. Unauthorized possession, storage, or use of firearms, explosives, other weapons, or dangerous chemicals.
Effective: September 10, 2012
Prior Effective Dates: 11/11/1979, 8/30/1985, 5/2/1986, 10/2/1986, 6/4/1987, 10/12/1989, 10/14/1992, 4/20/1995, 9/26/2005, 8/7/2007, 10/14/2010