Responsibilities of Community Life: The Student Code

Part III: Proscribed Conduct

The Student Code applies to students and to their registered organizations. Throughout this document the term “student” generally shall apply to the student as an individual and to a registered student organization as a single entity. The officers or the leaders of a particular registered student organization usually will be expected to represent the organization during the student conduct process. Nothing in this code shall preclude holding certain members of an organization accountable for their individual acts committed in the context of or in association with the organization’s alleged violation of The Student Code.

Individual accountability is a cornerstone of The Student Code. Normally, the influence of drugs and/or alcohol on a student’s judgment or behavior will not be accepted as a mitigating factor with respect to the resolution of an act of misconduct.

A. Jurisdiction of the University

1. Each student shall be responsible for his/her conduct from the time of 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 (and even if their conduct is not discovered until after a degree is awarded). The Student Code shall apply to a student’s conduct even if the student withdraws from the University while a student conduct matter is pending.
2. Generally, University jurisdiction shall be limited to student conduct that occurs on University premises or at University-sponsored or University-supervised events (including students involved with off-campus internships and study abroad programs). However, the University may apply The Student Code to students whose misconduct has a direct and distinct adverse impact on the University community, its members, and/or the pursuit of its objectives regardless of where such conduct may occur. The following examples describe the kinds of off-campus acts that might be addressed through the University student conduct system. They are illustrative in intent and they should not be regarded as all-inclusive: driving under the influence of alcohol or drugs; physical/sexual assault; sale/distribution of illegal substances; and malicious destruction of property. Should the Director of Community Standards reasonably determine that a particular alleged act of off-campus misconduct falls within the jurisdiction of the University, the case will be referred to the University student conduct system.
3. University student conduct proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and The Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under The Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Director of Community Standards. Determinations made or sanctions imposed under The Student Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

B. Conduct Rules and Regulations

As members of the University community, students have an obligation to uphold The Student Code as well as to obey federal, state, and local laws. The Director of Community Standards or designee shall make the final determination on what constitutes a potential violation of The Student Code and shall establish the specific charge(s) as appropriate.

The following list of behaviors is intended to represent the types of acts that constitute violations of The Student Code. Although the list is extensive, it should not be regarded as all-inclusive. All community members are responsible for knowing and observing all University policies and procedures.

1. Violation of the Academic Integrity in Undergraduate Education and Research (Appendix A) or Academic Integrity in Graduate Education and Research (Appendix B) policies.
2. Disruptive behavior which is defined as participating in or inciting others to participate in the disruption or obstruction of any University activity including but not limited to teaching, research, events, administration, student conduct proceedings, the living/learning environment or other University activities, on or off campus, or of other non-University activities when the conduct occurs on University premises.
3. Social conduct that does not reflect credit upon the University community and/or does not model good citizenship in any community.
4. The threat of or actual physical assault or abuse; stalking; verbal/written abuse; threats, harassment, intimidation; and/or coercion (Please refer to the President’s Policy on Harassment and the Sexual Misconduct and Relationship Violence Statement).
5. Sexual misconduct which includes the threat of or actual sexual assault and/or unwelcome sexual contact (Please refer to the definition of “consent” in Part II and the Sexual Misconduct and Relationship Violence Statement).
6. Conduct that threatens or endangers the health or safety of any person including one’s self.
7. Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.
8. Use (including being under the influence), possession, sale, distribution, or manufacturing of controlled substances and/or drugs, or drug paraphernalia, except as expressly permitted by law and University regulations. (Please refer to the Policy on Alcohol and Other Drugs).
9. Use (including being under the influence), possession, sale or distribution of alcoholic beverages except as expressly permitted by law and University regulations (Please refer to the Policy on Alcohol and Other Drugs) .
10. Use, possession, or distribution of, firearms, weapons, facsimile of weapons, fireworks, explosives, or dangerous chemicals.
11. Failure to comply with the directions of, providing false information, and/or failure to identify oneself to University officials or law enforcement officers acting in the performance of their duties.
12. The unauthorized or improper possession, use, removal, or disabling of fire safety equipment and warning devices; failure to follow standard fire safety procedures; or interference with firefighting equipment or personnel.
13. Knowingly assisting another person in the commission, or attempted commission, of a violation of The Student Code. This includes hosting a non-student who commits a violation.
14. Violation of published University policies, rules or regulations.
15. Violation of the On-Campus Housing Contract.
16. Attempted or actual theft of property or services.
17. Forcible entry and/or unauthorized presence in University owned buildings or property. Reasonable notice of authority, or lack thereof, shall be given.
18. Unauthorized possession, duplication, or misuse of University property or other personal or public property, including but not limited to records, electronic files, telecommunications systems, forms of identification, and keys.
19. Attempted or actual damage to or misuse of University property or other personal or public property.
20. Theft, misuse, or abuse of University computing facilities, websites, files, hardware, or software including but not limited to:
    1. Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.
    2. Unauthorized transfer of a file.
    3. Unauthorized use of another individual’s identification or password.
    4. Use of computing facilities to interfere with the work of another person.
    5. Use of computing facilities to send obscene or abusive messages.
    6. Exceeding bandwidth allotment set by University Information Technology Services.
    7. Use of a University email address in a manner that is not conducive to the academic mission. (Please refer to the Individual Responsibilities with Respect to Appropriate Use of Information Technology Resources).
21. Violation of federal, state or local law.
22. Abuse of the University student conduct system, including but not limited to:
    1. Disruption or interference with the orderly conduct of a student conduct proceeding.
    2. Falsification, distortion, or misrepresentation of information to a Student Conduct Officer or Hearing Body.
    3. Influencing or attempting to influence another person to commit an abuse of the student conduct system.
    4. Attempting to discourage an individual’s proper participating in, or use of, the student conduct system.
    5. Attempting to intimidate a member of the Hearing Body prior to, during, and/or after a student conduct proceeding.
    6. Institution of a student conduct code proceeding in bad faith.
    7. Failure to comply with the sanction(s) imposed under The Student Code.