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Student Conduct Code - Student Rules

8.050. Expectations for Conduct.

8.050.1. Expectations for Student Conduct. At Truman State University, student members of the community are expected to uphold and abide by certain standards of conduct that form the basis of the Student Conduct Code. These standards are embodied within a set of core values that include trust, community, civility and responsible citizenship. When members of the community fail to exemplify these values, campus conduct proceedings are used to assert and uphold the Student Conduct Code.

Any student found to have committed, to have attempted to commit, to have willfully aided or abetted, or to have been complicit in any of the following acts of misconduct is subject to the sanctions hereafter described in this chapter.

TRUST: Trust is a deeply held community value. Students at Truman State University exemplify honesty, integrity and a respect for truth in all of their dealings. Behavior that demonstrates a lapse of trust includes, but is not limited to:

1. Acts of academic misconduct/dishonesty, including, but not limited to the following:

1.1. Cheating: Defined as using or attempting to use unauthorized (a) materials, (b) information, or (c) study aids in any academic exercise.

1.2. Fabrication: Defined as unauthorized (a) falsification or (b) invention of any information (including research data) or citation in an academic exercise.

1.3. Facilitating Academic Dishonesty: Defined as (a) assisting or (b) attempting to assist another to commit an act of academic dishonesty, whether or not that action is associated with any particular course.

1.4. Plagiarism: Intentional representation of the words or ideas of another as one’s own in any academic exercise. The term “plagiarism” includes, but is not limited to, (a) the use, by paraphrase or direct quotation, of the published or unpublished work or sections of a work of another person without full and clear acknowledgement; (b) the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials, including material taken from or ordered through the Internet; and/or (c) the unacknowledged use of original work/material that has been produced through collaboration with others without release in writing from collaborators.

1.5. Sabotage: Defined as, but is not limited to, the unauthorized interference with, modification of, or destruction of the work or intellectual property of another member of the University community.

2. Taking property/property damage.

2.1. Intentional taking of (a) University property or (b) property of another.

2.2. Intentional or reckless damage to (a) University property or (b) property of another.

2.3. Procuring any money, goods, services, or thing of value under false pretenses, including the issuance of a check, draft, money order, or use of a credit card knowing that it will be dishonored upon presentation for payment.

2.4. Knowingly taking possession of stolen property.

3. Providing false and/or misleading information and/or falsification of University records.

3.1. (a) Lying, (b) deceiving, or (c) furnishing false and/or misleading information for the purpose of causing another person or University official to act or refrain from acting.

3.2. (a) Forgery, (b) alteration, or (c) misuse of any document, record, material, file or instrument of identification.

3.3. Deliberately or purposefully providing false or misleading verbal or written information about another person that results in damage to the person’s reputation.

3.4. Tampering with or improperly attempting to influence the election(s) of any student organization(s) or group.

4. Unauthorized use of keys, and/or entry.

4.1. Unauthorized (a) possession, (b) duplication or (c) use of keys, codes or passwords to gain entry to any University premises.

4.2. Unauthorized (a) entry, (b) attempted entry, (c) use of University premises or (d) remaining in private or restricted areas of University or community facilities is prohibited.

5. Misuse of computing resources through failure to comply with laws, license agreements, and contracts governing network, software, and hardware use. Abuse of the University Computer Use Policy, including, but not limited to:

5.1. Any use deemed commercial or for-profit.

5.2. Any use that is likely, intended, or by negligence causes unauthorized network (a) disruption, (b) system failure, or (c) data corruption.

5.3. Any use related to achieving, enabling, or hiding unauthorized access to (a) network resources, (b) Truman owned software, or (c) other information belonging to Truman State University, either within or outside the Truman network.

5.4. Any use related to sending/receiving electronic mail that includes, but not limited to, the following: (a) solicitation or commercial use, (b) forging any portion of an electronic mail message, (c) spamming (bulk unsolicited email), (d) sending unwanted messages to unwilling recipients, or (e) invasion of privacy.

5.5. Intentionally circumventing or building an unauthorized conduit through the University firewall with intentions of bypassing University (a) network management and/or (b) security devices.

5.6. Use of another individual’s (a) identification; (b) network, email or other university based account; and/or (c) related passwords.

5.7. Unauthorized transfer or entry into a file, (a) to read, use, or change the contents; or (b) for any other reason.

5.8. Use of computing facilities or network resources to send (a) obscene, (b) harassing, (c) threatening messages, or (d) computer viruses or worms.

5.9. Any use that violates Truman (a) policies, (b) procedures, and (c) contractual agreements.

5.10. Any use that violates (a) local, (b) state or (c) federal laws.

6. University wordmark violations. Unauthorized use of the (a) University's name, (b) abbreviation, (c) trademarks or (d) wordmarks, including the Bulldog, logo, seal, or other graphic identity symbols.

COMMUNITY: Truman State University students honor and value their community. Behavior that violates this value includes, but is not limited to:

7. Disruptive conduct.

7.1. Disruption or obstruction of (a) teaching, (b) research, (c) administration, (d) free flow of pedestrian or vehicular traffic on University premises.

7.2. Disruption or obstruction of (a) teaching, (b) research, (c) administration, (d) free flow of pedestrian or vehicular traffic at University recognized activities and events.

7.3. Creating a fire, safety, or health hazard through the misuse, abuse, rendering inoperable, or degrading the effectiveness of any University safety equipment, firefighting equipment, or fire alarms.

7.4. Activating a fire or emergency alarm, extinguisher, or other safety device without good cause or reasonable justification.

7.5. Failure to evacuate a Truman State University-owned building during a fire alarm;

7.6. Intentionally providing a false report of an explosive or incendiary device that constitutes a threat or bomb scare.

7.7. Any act that deliberately interferes with the academic freedom or the freedom of speech of any member or guest of the University community.

7.8. Conduct that is (a) disorderly, (b) lewd, or (c) indecent.

7.9. An act that (a) is a breach of peace or (b) that aids, abets, or procures another person to breach the peace on University premises, at activities or events arranged or sponsored by the University, or sponsored by a student organization(s), regardless of location.

7.10.Failure to comply with oral or written instruction from duly authorized (a) University officials acting within the scope of their job duties or (b) law enforcement officers acting in performance of their duties.

7.11.Failure to identify oneself upon request to (a) University officials acting within the scope of their job duties or (b) law enforcement officers acting in performance of their duties when requested to do so. A student is required to produce his/her University ID card upon the request of an official or law enforcement officer.

7.12.Complicity. Condoning, supporting, or encouraging a violation of University policy. Students who anticipate or observe a violation of University policy are expected to remove themselves from the situation, and are encouraged to report it immediately.

8. Violation of University policies as defined above in this chapter, when such policies are published or otherwise made known to students in a fair and open manner (Student Handbook, Residence Life Handbook, General/Graduate Catalog, University websites, etc.).

9. Misconduct at University sponsored/related activities. Violation of University rules or regulations of a host institution sponsored/related activity.

10. Abuse of University conduct procedures, including, but not limited to:

10.1. Failure to obey the summons of the University Conduct system or University official.

10.2. Falsification, distortion, or misrepresentation of information to the University Conduct system.

10.3. Disruption of or interference with the orderly operation of the University Conduct system.

10.4. Initiation of a conduct proceeding knowingly without cause.

10.5. Failure to provide, destroying or hiding information during an investigation of an alleged policy violation;

10.6. Attempting to discourage an individual's proper participation in, or use of, the University Conduct system.

10.7. Attempting or committing an act of retaliation against a person or student organization that has reported or intends to report a violation of the Student Conduct Code.

10.8. Attempting to influence the impartiality of a member of a conduct hearing board prior to, or during the course of, participation in the University Conduct System;

10.9. Harassment, abuse, or intimidation of a member of a conduct hearing board prior to, during, or after participation in the University Conduct system.

10.10.Failure to comply with the sanction(s) imposed under the Student Conduct Code.

10.11.Influencing or attempting to influence another person to commit an abuse of the University Conduct system.

11. Social Host. It is the responsibility of any student who hosts a visitor or guest on campus to insure that the person knows and adheres to the Student Conduct Code and University policies. In instances where guests violate rules or policies, the student host may be held responsible. Whether a visitor is a student, non-student, or non-identified guest, the student host may be held responsible for violations of the Student Conduct Code and University policies. Responsibility under these rules may occur even if the host is not a participant in the activity or has left the visitor(s) alone.

12. Conduct that is (a) obscene based on contemporary community standards or that is

(b) detrimental to the University's image as a public institution.

CIVILITY: Truman State University students exemplify civil and respectful treatment of each other in their dealings and interactions. Behavior that violates this value includes, but is not limited to:

13. Personal Abuse.

13.1. Physical harm or threat of physical harm to any person.

13.2. Harassment. severe, pervasive and objectively offensive physical, verbal, or written conduct related to an individual’s age, disability, ethnic background, nationality, gender, race, religion, or sexual orientation that interferes with the person’s academic or work performance and social interaction at the University. Student harassment occurs when the student’s conduct (a) unreasonably interferes with a person’s work or educational performance or (b) creates an intimidating, hostile, or offensive environment for working, learning, or social interaction at the University (including written, telephone, or electronic communication such as AOL, IM, ICQ, etc.). This definition, however, will not be interpreted to abridge the right of any member of the University community to freedom of expression protected by the First Amendment of the United States Constitution and other applicable law.

13.3. Failure to respect the privacy of other individuals, including, but not limited to, eavesdropping, surveillance, or intruding upon the privacy of another person or group by means of bugging devices, concealed recorders, magnifying optics, etc.

13.4. Student conduct that threatens or endangers the health or safety of (a) the individual student (self) or (b) any other person(s).

13.5. Violence between those in an intimate relationship to each other.

13.6 Stalking, defined as repetitive, menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community.

14. Sexual misconduct.

14.1. Sexual harassment: The University is committed to the advancement of knowledge, to freedom of thought and inquiry, and to the personal, social, and intellectual development of its students. The University has a professional and ethical responsibility to provide a healthy living, learning, and working environment and a climate of academic freedom for all its members—students, faculty and staff. To foster educational development and promote true academic freedom, the University requires an environment in which no person is intimidated, exploited, or coerced. These goals cannot be attained where sexual harassment exists. This policy is designed to promote behavior that supports personal and social development in an environment that fosters academic performance and intellectual growth. Its purpose is to ensure the academic freedom of everyone while protecting the rights of all.

Definition

a. Sexual harassment is a form of sex discrimination which may violate Title VII of the Civil Rights Act of 1964 (employee rights) or Title IX of the Education Amendments of 1972 (employee and student rights). The following definition adapts the 1980 Equal Employment Opportunity Commission guidelines to the academic setting.

b. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

c. Submission is made an express or implied term or condition of employment or status in class, program, or activity.

d. Submission to or rejection of the behavior is used to make an employment or educational decision (such as hiring, promotion or grading a course);

e. The conduct may unreasonably interfere with a person’s work or educational performance or creates an intimidating, hostile, or offensive environment for working or learning.

f. Both men and women can be sexually harassed. Sexual harassment can occur between equals, but most often occurs in situations where one person has power over another.

14.2. Retaliation Prohibited : Retaliatory action of any kind against any individual as a result of a person’s attempt to seek redress under the applicable procedures dealing with sexual harassment is prohibited. Retaliatory action shall be regarded as a separate and distinct cause for complaint under this policy and any other applicable policies.

14.3. Non-consensual sexual intercourse is any sexual intercourse involving anal, oral or vaginal penetration, however slight, by a man or a woman upon a man or a woman, without effective consent.

14.4. Non-consensual sexual contact is any intentional sexual touching, however slight, by a man or a woman upon a man or a woman, without effective consent.

Effective Consent

Effective consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Effective consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity --who, what, when, where, why and how sexual activity will take place. In order to be effective, consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. In order to give effective consent, one must be of legal age.

If you have sexual activity with someone you know to be--or should know to be—mentally or physically incapacitated (alcohol or other drug use, unconsciousness or blackout), you are in violation of this policy.

a. Any time sexual activity takes place between individuals, those individuals must be capable of controlling their physical actions and be capable of making rational, reasonable decisions about their sexual behavior.

b. This policy also covers someone whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of a so-called “date-rape” drug. Possession, use and/or distribution of any of these substances (e.g., Rohypnol, Ketomine, GHB, Burundanga, etc.) is prohibited, and administering one of these drugs to another individual for the purpose of inducing incapacity is a violation of this policy. More information on these drugs can be found at http://www.911rape.org/

c. Use of alcohol or other drugs will never function to excuse behavior that violates this policy.

The requirements of this policy are blind to the sexual orientation or preference of individuals engaging in sexual activity. Sexual activity includes:

a. Intentional contact with the breasts, buttocks, groin, genitals, mouth or other orifice, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts;

b. Any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

c. Intercourse however slight, meaning vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact).

14.5. Sexual exploitation occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to: prostituting another student; non-consensual video or audio-taping of sexual activity; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); engaging in voyeurism (Peeping Tom); knowingly transmitting an STI or HIV to another student.

15. Abusive affiliation (hazing), which the law might recognize by the term "hazing" is any act on or off the campus of the University, that a reasonable person would find to endanger the mental or physical health or comfort or safety of a student or prospective student or member, or which results in the destruction or removal of public or private property, or which causes extreme embarrassment, or public humiliation, for the purpose of initiation or admission into, affiliation with, or confirming any form of affiliation, or continued membership in a student organization regardless of an individual’s consent to participate in the activity. Acts of abusive affiliation include, but are not limited to:

15.1. Any activity which endangers the physical health or safety of the student or

prospective member, including, but not limited to, physical brutality, whipping, beating, paddling, slapping, kicking, choking, scratching, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or forced smoking or chewing of tobacco products; or

15.2 Any activity that endangers the mental health of the student or prospective member, including but not limited to sleep deprivation, physical confinement, placing prospective members of an organization or group in ambiguous situations which lead to confusion and emotional stress or other extreme stress inducing activity; or

15.3 Any activity that requires the student or prospective member to perform a duty or task that involves a violation of the criminal laws of this state or any University policies, rules, or regulations published in University documents; or

15.4 Subservience, including but not limited to any activity which promotes a class system within organizations or activities which facilitate inappropriate levels of authority over students.

RESPONSIBLE CITIZENSHIP: Truman State University students are given and accept a high level of responsibility as role models. Responsible citizenship requires self-reflection and acceptance of the duty to model ethical and moral conduct. Behavior that violates this value includes, but is not limited to:

16. Narcotics, controlled substances, chemicals, and drug paraphernalia violations.

16.1. (a) Manufacture, (b) possession, (c) use, (d) sale, (e) distribution of narcotic or other controlled substances, (f) drug paraphernalia, and/or (g) other chemicals is prohibited, without proper prescription or required license, except as expressly permitted by law or University regulation. Possession could mean in the presence of narcotic or other controlled substances, drug paraphernalia, or other chemicals.

16.2. Misuse or abuse of prescription medications and/or drugs.

16.3. Operating a vehicle on University property, or on streets or roadways adjacent to or abutting University property, under the influence of a narcotic or other controlled substance.

17. Alcohol violations.

17.1. Public intoxication on University premises.

17.2. (a) Manufacture, (b) possession, (c) use, (d) sale, or (e) distribution of alcoholic beverages or alcohol paraphernalia on University premises, when such manufacture, possession, use, sale, or distribution is prohibited by law or University rules. Possession could mean in the presence of alcohol.

17.3. Operating a vehicle on University property, or on streets or roadways adjacent to or abutting University property, under the influence of alcohol.

17.4. No student will furnish or cause to be or allow to be furnished any alcoholic beverage to any person (a) under the legal drinking age; (b) in a state of noticeable intoxication; or (c) who is on University premises.

18. Possession and/or use of a firearm and/or dangerous material.

18.1. Possession of (a) firearms (including BB, paint, and pellet guns) or (b) any other weapons other than a common pocket knife on University premises or at University sponsored/related activities unless specifically approved by a University official.

18.2. Possession of (a) fireworks, (b) explosives, (c) dangerous chemicals which are disruptive, explosive, or corrosive on University premises or at University sponsored/related activities unless specifically approved by a University official.

19. Gambling is prohibited at activities or events arranged or sponsored by the University, on University premises, or sponsored by a student organization(s), regardless of location. It is prohibited to:

19.1. Play or sponsor an unlawful game of chance for money or for anything of value (a) on University premises or (b) at a University or student organization sponsored activity or event.

19.2. Sell, barter, or dispose of a ticket, order, or any interest in a scheme of chance by whatever name (a) on University premises or (b) at a University or student organization sponsored activity or event.

19.3. Wager on a University team or organization in a competition, with or without an intent to have a direct influence on the outcome of the competition (a) on University premises or (b) at a University or student organization sponsored activity or event.

20. Instigation or participation in group disturbances during demonstration(s), parade(s), or picketing.

20.1. Participation in demonstration(s), parade(s), or picketing which (a) disrupts the normal operations of the University; (b) infringes on the rights of other members of the University community; (c) obstructs or unreasonably interferes with freedom of movement, either pedestrian or vehicular, on University premises; or (d) which jeopardizes public order or safety.

20.2. Leading or inciting others to disrupt scheduled and/or normal activities on University premises.

21. Commission of felony or misdemeanor. Commission of an act, which may be a (a) felony or (b) misdemeanor as provided in local, state, or federal law will also constitute a violation of this Code, and subject the accused student to conduct action, whether or not prosecuted by public officials.

Acts of misconduct by a student will be cumulative in effect, and all acts of misconduct may be considered together in deciding whether the Student Conduct Code has been violated and, if a violation is found, the imposition of sanctions. This does not include prior infractions for which a determination has already been made.

Cross-reference: Sections 5.070 and 7.020 of the Code