I.  CODE OF CONDUCT

This Code of Conduct, which contains policies arranged alphabetically, establishes standards of behavior for students and student organizations at the University.

• Academic Honesty
• Alcohol
• Complicity
• Disruptive Conduct
• Drugs
• Endangering the Safety of Others
• Failure to Comply
• False Information
• Guests
• Hazing
• Misuse of University Materials, Services or Property
• Off-Campus Conduct
• Residence Hall Regulations
• Responsible Computing and Use of University Computer Resources
• Sexual Assault
• Sexual and Other Discriminatory Harassment
• Student Organizations
• Theft
• Weapons, Dangerous Instruments, and Explosive Chemicals or Devices on Campus

Note: A violation of the Code of Conduct may also constitute a violation of city, state, or federal law and vice versa. If so, simultaneous prosecutions may result. Students should be aware that student status does not insulate them from awareness of and compliance with other laws.

1. Academic Honesty

   1. Statement of Policy

      All students must be honest and forthright in their academic studies. To falsify the results of one’s research, to steal the words or ideas of another, to cheat on an assignment, or to allow or assist another to commit these acts corrupts the educational process. Students are expected to do their own work and neither give nor receive unauthorized assistance.

      Any violation of this standard must be reported to the Office of Student Conduct. The faculty member, in consultation with a representative from the Office of Student Conduct, will decide under which option the incident is best filed and what specific academic penalty should be applied.

   2. Academic Violations

   1. Plagiarism

   Plagiarism is the inclusion of someone else’s words, ideas, images, or data as one’s own. When a student submits academic work that includes another’s words, ideas, images, or data, whether published or unpublished, the source of that information must be acknowledged with complete and accurate references and, if verbatim statements are included, with quotation marks as well. By submitting work as his or her own, a student certifies the originality of all material not otherwise acknowledged. Plagiarism includes, but is not limited to:

   1. The quotation or other use of another person’s words, ideas, opinions, thoughts, or theories (even if paraphrased into one’s own words) without acknowledgment of the source; or
   2. The quotation or other use of facts, statistics, or other data or materials (including images) that are not clearly common knowledge without acknowledgment of the source.

   2. Fabrication

      Fabrication is the use of invented information or the falsification of research or other findings. Fabrication includes, but is not limited to:

      1. The false citation or acknowledgment of a direct or secondary source, including the incorrect documentation of a source;
      2. The citation, in a bibliography or other list of references, of sources that were not used to prepare the academic work;
      3. The inclusion in an academic work of falsified, invented, or fictitious data or information, or the deliberate and knowing concealment or distortion of the true nature, origin, or function of such data or information; or
      4. The unauthorized submission of an academic work prepared totally or in part by another.

   3. Cheating

      Cheating is an act or an attempted act of deception by which a student seeks to misrepresent that he or she has mastered information that has not been mastered. Cheating includes, but is not limited to:

      1. Copying of all or any portion of another’s academic work and submitting it, in part or in its entirety, as one’s own;
      2. Allowing another person to copy one’s own academic work—whether intentionally or recklessly;
      3. The unauthorized use or possession of a class textbook, notes, or any other material to complete or prepare an academic work;
      4. The unauthorized collaboration with any other person on an academic exercise, including collaboration on a take-home or make-up academic exercise;
      5. The unauthorized use of electronic instruments, such as cell phones, PDAs, translators or personal response systems (clickers) to access or share information; or
      6. The unauthorized completion for another person of an academic work, or permitting someone else to complete an academic work for oneself, including through the use of personal response systems (clickers).

   4. Academic Misconduct

      Academic misconduct is any other act that disrupts the educational process or provides a student with an academic advantage over another student. Academic misconduct includes, but is not limited to:

      1. The unauthorized possession, copying, distribution, sale, or other transfer of all or any part of an academic exercise, or the answers or solutions to an academic exercise, whether or not the exercise has been administered;
      2. Changing, altering, attempting to change or alter, or assisting another in changing or altering any grade or other academic record, including grades or records contained in a grade book or computer file, that is received for or in any way attributed to academic work;
      3. Entering any University building, facility, office, or other property, or accessing any computer file or other University record or storage for the purpose of obtaining the answers or solutions to an academic exercise or to change a grade;
      4. Continuing to work on an academic exercise after the specified allotted time has elapsed;
      5. Bribing another person to obtain an academic exercise, including answers to questions of an unadministered academic exercise;
      6. Failing to adhere to standards of professional behavior established by a faculty member, academic program or college in conjunction with an academic course; or
      7. Posting of notes or other materials from a class (whether the student is enrolled in the class or not) on the Internet, whether or not for a fee, if the faculty member has expressly prohibited the posting of such materials.

   5. Other forms of academic dishonesty not described here but in violation of the Academic Honesty Statement of Policy.

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2. Alcohol

1. Statement of Policy

   All students must comply with applicable laws and these alcohol regulations.

   Open Letter to All Students Regarding Drugs and Alcohol

   Medical Amnesty/Good Samaritan Protocol
   
   Student health and safety are of primary concern at the University of Delaware. As such, in cases of intoxication and/or alcohol poisoning, the University encourages individuals to seek medical assistance for themselves or others. If an individual seeks medical attention due to his/her level of intoxication, the Office of Student Conduct may not pursue conduct sanctions against the student for violations of the Alcohol Policy. In lieu of student conduct sanctions, the intoxicated student (and possibly the referring student) will be required to meet with a member of the Office of Student Conduct staff who may issue educational requirements such as alcohol education class and/or an alcohol and substance abuse assessment.
   
   Those students who assist in obtaining medical attention for individuals who are intoxicated may not receive student conduct sanctions for violations of the Alcohol Policy of the Code of Conduct.
   
   Please note: Medical Amnesty will not be granted to students who do not seek medical assistance. Students who are confronted by university staff (ex. RA, UDPD) will be referred to the Office of Student Conduct for alleged policy violations.
   
   Students are encouraged to read the complete Medical Amnesty/Good Samaritan Protocol.

2. Prohibited Activities

   The University prohibits alcohol intoxication (regardless of age); the unauthorized possession, use, consumption, manufacture, sale, or distribution of alcohol; and driving while impaired due to alcohol consumption. Specifically this offense includes, but is not limited to:

   1. The possession, use, consumption, manufacture, sale, or distribution of alcohol by anyone under the legal age to do so;
   2. The possession, use, consumption, manufacture, sale, or distribution of alcohol in violation of any applicable law, including the laws of the State of Delaware or the City of Newark, Delaware;
   3. The possession, use, consumption, manufacture, sale, or distribution of alcohol in any University building, facility, or property except in the confines of a student’s own residence hall room if the student is over the legal age to do so;
   4. The possession of beer kegs in any University building, facility, or property;
   5. The possession or use of any apparatus, including but not limited to beer pong tables and beer funnels, used to facilitate 1) the rapid consumption of alcohol or 2) drinking games; or
   6. A violation of any University policy or procedure concerning the use of alcohol or enacted to monitor or control the use of alcohol.

3. Use of Alcohol Off-Campus

   The University accepts no responsibility for the possession, use, consumption, manufacture, sale, or distribution of alcoholic beverages by students off-campus, including at events or functions sponsored in whole or in part by one or more student organizations or individuals. A student hosting or attending an off-campus function should be aware of the applicable laws regarding alcohol and should be aware that the University may also impose sanctions upon the student for such behavior.

4. Use of Alcohol On-Campus

As described above, the possession, use, consumption, manufacture, sale, or distribution of alcoholic beverages is prohibited except when and where explicitly permitted by this Alcohol Policy.

1. Student Organizations

   No student organization that hosts, organizes, conducts, or participates in an on-campus function or event sponsored or sanctioned by the University shall serve alcohol or permit the possession, use, consumption, manufacture, sale, or distribution of alcohol except as provided here.

   1. No alcoholic beverages shall be distributed, served, or sold at a function or event on-campus without the explicit, prior approval of the Director of the Student Centers or his or her designee.
   2. Outside functions or events involving the use of alcohol are not permitted on campus.

2. Alcohol in Residence Halls

A resident over the age of 21 may possess or consume alcoholic beverages in his or her own room. No student under the age of 21 may possess or consume alcohol anywhere, including the student’s room. The possession or consumption of alcohol by a student over the age of 21 is subject to the following limitations and conditions, and any violation of these conditions shall be a violation of this Code of Conduct.

1. Possession of an open container or consumption of alcoholic beverages in any area other than a resident’s room is prohibited.
2. A guest may only possess or consume alcohol if the guest is over the age of 21 and is visiting a resident’s room where at least one of the assigned student residents is also of legal drinking age and is present (i.e., if a double-occupancy room is occupied by two students under the age of 21, those students shall not permit the consumption, possession, or use of alcohol by anyone, including guests, in that room. However, if one of the roommates is over the age of 21, he or she must be present to allow the possession or consumption of alcohol by guests who are over 21).
3. The student’s (or a guest’s) possession, use, or consumption of alcohol shall not infringe upon the privacy, peace, or enjoyment of other students or guests in the residence hall.
4. A residence hall student has a duty to know if there is or has been illegal use or possession of alcohol in his or her room. Therefore, the responsibility to establish lack of knowledge shall be on the resident in cases where the resident claims no knowledge of such use.

3. Alcohol at the University Football Stadium

   The possession, use, consumption, manufacture, sale, or distribution of alcohol at the University football stadium is prohibited, except that alcohol may be possessed and consumed in the stadium parking areas only on the day of a home varsity football game and only by those of legal drinking age. Beer kegs and any alcohol-related games, activities or apparatus (such as a beer pong table, ice slides, beer funnels, etc.) are prohibited at all times, and alcoholic beverages are not permitted in the stadium. Individuals are not permitted to possess any open container containing spirits, wine, or beer, or consume any spirits, wine, or beer in stadium parking areas while the football game is in progress.

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3. Complicity           

   Statement of Policy

   A student shall not, through act or omission, assist another student, individual, or group in committing or attempting to commit a violation of this Code of Conduct. A student who has knowledge of another committing or attempting to commit a violation of the Code of Conduct is required to remove him or herself from the situation, and failure to do so when reasonable under the circumstances may be the basis for a violation of this policy.

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4. Disruptive Conduct
             
   1. Statement of Policy

      A student shall not impair, interfere with, or obstruct the orderly conduct, process, or function of the University or any of its students, faculty members, University officials, guests or the surrounding community. 

   2. Prohibited Activities

   Specific violations of this standard include, but are not limited to:

   1. Committing or threatening to commit any act of violence against self or other;
   2. Threatening the health, safety, or welfare of another;
   3. Acting recklessly or in a manner that endangers or could reasonably be expected to endanger the health, safety, or welfare of the student or anyone else;
   4. Interfering with the freedom of movement of another person;
   5. Invading the privacy of another person;
   6. Stalking (Purposely and repeatedly engaging in behavior directed at a specific person which reasonably causes that person alarm, distress, fear or a change of normal behavior);
   7. Interfering with the right of another to enter, use, or leave any University building, facility, property, service, resource, or activity; 
   8. Interfering with a faculty member or University official in the performance of his or her duty;
   9. Interfering with the freedoms of speech, religion, or association of another;
   10. Trespassing or the unauthorized entering or accessing of any University building, facility, property, service, resource, or activity;
   11. Instigating, participating in or otherwise encouraging others to engage in a fight, riot or other disruption;
   12. Making, exhibiting, or producing any inappropriate, loud, or disruptive noise or behavior;
   13. Exhibiting public nudity or lewd behavior; or
   14. Urinating in any area of University buildings, facilities, or property other than restrooms.

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5. Drugs

1. Statement of Policy

The University prohibits the illegal possession, use, consumption, manufacture, sale, or distribution of drugs and drug paraphernalia. Any violations of this drug policy may be subject to sanctions by the undergraduate or graduate Student Conduct System and may be reported to all appropriate law enforcement authorities. The claim that the use of marijuana was for medicinal purposes will not automatically be sufficient for dismissal of any pending charges nor for a determination that the student is not responsible for violating this policy. All University buildings, including residence halls, are designated as smoke-free for all substances.

Open Letter to All Students Regarding Drugs and Alcohol

2. Definitions

The term “Drugs” broadly includes, without limitation, any stimulant, intoxicant (other than alcohol), nervous system depressant, hallucinogen, or other chemical substance, compound, or combination when used to induce an altered state, including any otherwise lawfully available product used for any purpose other than its intended use.

The term “Drug Paraphernalia” broadly includes any material, product, instrument, or item used to create, manufacture, distribute, use, or otherwise manipulate any drug and includes, but is not limited to, hypodermic needles and syringes.

3. Prohibited Activities

Specific violations of this standard include, but are not limited to:

1. The possession, use, consumption, manufacture, sale, or distribution of any illegal drug or drug paraphernalia, prescription or prescription drug not prescribed to the student;
2. The delivery, transfer, or intent to deliver, transfer, or manufacture any drug or drug paraphernalia;
3. The misuse, sale, delivery, or transfer of a prescription or prescription drug;
4. The possession of a prescription or prescription drug not issued to the student;
5. Driving while impaired by any drug, whether it be legal or illegal; or
6. A violation of any applicable local, state or federal law relating to drugs or drug paraphernalia.

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6. Endangering the Safety of Others

1. Statement of Policy

A student shall not endanger the lives or safety of others.

2. Prohibited Activities

Specific violations of this standard include, but are not limited to:

1. Creating an unsafe condition or environment which could cause harm to others;

2. Setting or causing a fire;
3. Tampering with, misusing or damaging fire or safety equipment, such as alarms, heat sensors, smoke detectors, hoses, and fire extinguishers;
4. Failing to immediately exit any facility or building when a fire alarm has been sounded, or hindering or impairing the orderly evacuation of any University facility or building; or
5. Disobeying a command by any University official or faculty member in connection with a fire, alarm, or other safety or security matter.

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7. Failure to Comply

1. Statement of Policy

It is a violation to ignore, disobey, disregard, or otherwise violate any provision of this Code of Conduct or any applicable rule.

2. Prohibited Activities

Specific violations of this standard include, but are not limited to:

1. Failing to comply with the directive of any University official or faculty member, including any sanction imposed by the Office of Student Conduct upon a group or individual; 
2. Failing to comply with the terms of any policy, procedure or agreement, including the University’s Housing and Dining Agreements, University Student Centers policies or any other agreement between a student and a University official or department;
3. Failing to comply with any applicable federal, state, or local law; or
4. Failing to advise the University of an off-campus criminal charge(s) or conviction.

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8. False Information

1. Statement of Policy

A student shall not provide false or misleading information. 

2. Prohibited Activities

Specific violations of this standard include, but are not limited to:

1. Making a false or misleading oral or written statement to any University official or faculty member (including, but not limited to, application for admission, financial aid, residency classification or participation in any special programs sponsored by the University) when the student knew or should have known the statement was false;
2. Making a false or misleading oral or written statement at any point of the student conduct process;
3. Making a false or misleading oral or written statement that misrepresents the character, qualifications, or reputation of another;
4. Falsely reporting a safety hazard (including but not limited to, a fire, explosive or incendiary device) by any means including by activating an emergency phone on campus when no emergency actually exists;
5. Falsely reporting a crime or a violation of this Code of Conduct; or
6. Possessing or displaying any form of false identification or any identification not one’s own; or
7. Assuming or attempting to assume the identity of another person; or
8. Forgery.

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9. Guests

Statement of Policy

Students are responsible for the behavior of their guests and must ensure that guests comply with University regulations, including the standards in this Code of Conduct. Students in residence halls are responsible for abiding by the Rules for Hosting Visitors in the Residence Halls.

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10. Hazing

1. Hazing is any action taken toward, or circumstance directed at, one or more students, which action or circumstance exposes such student(s) to unpleasant, harassing, embarrassing, degrading or hazardous conditions, the endurance of which is intended to be a condition upon which the student(s) may become a member of, or participate with, any group, regardless of whether the group is recognized by the University or has been formally organized.  It is intended that the term “group” be interpreted in the broadest sense and could mean, for example, a particular section of a residence hall, students in a particular program or informal clubs or gatherings of students.  Specific violations of this policy include, but are not limited to:

1. Requiring the consumption of any food, liquor, drug, or other substance;
2. Requiring participation in physical activities, such as calisthenics, exercise, or other games or activities requiring physical exertion;
3. Exposing another to weather elements or other physically or emotionally uncomfortable situations;
4. Forcing fatigue from sleep deprivation, physical activities, or exercise;
5. Requiring anything that would be illegal under any applicable law, including laws of the State of Delaware or City of Newark, Delaware;
6. Requiring anything that can be reasonably expected to be morally offensive to another;
7. Committing or requiring any act that demeans another based on race, gender, ability, sexual orientation, religion, or age;
8. Committing any act of physical brutality against another, including, but not limited to, paddling, striking with fists, open hands or objects, and branding;
9. Kidnapping or transporting another with the intent of stranding him or her;
10. Committing verbal abuse;
11. Forcing or requiring conduct that can be reasonably expected to embarrass or adversely affect the dignity of another, including the performance of public stunts and activities such as scavenger hunts;
12. Intentionally creating work or labor for another;
13. Denying sufficient time for study or other academic activities; or
14. Committing or requiring another to commit any sexual act or engage in lewd behavior.

2. Students have a duty to avoid being hazed. Therefore, it shall be an offense under this section for a student to permit himself or herself to be hazed, subject only to the defense that the student could not reasonably have prevented the hazing.

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11. Misuse of University Materials, Services, or Property

1. Statement of Policy

A student shall not misuse any University material, service or property. 

2. Prohibited Activities

Specific violations of this standard include, but are not limited to:

1. Destroying, damaging, misusing, or defacing any University building, facility, or property, or any private property on-campus or being used for a University-sponsored event;
2. Destroying, damaging, misusing, reproducing, altering or defacing any student identification card, University-provided key or access card, residence hall key or access card, laboratory equipment, emergency phone, athletic equipment, or any material issued or owned by the University;
3. Impairing or otherwise hindering another’s use of a University material, service, or property;
4. Reading, duplicating, removing, photographing, forging, counterfeiting, or altering any University document or record without authorization;
5. Littering on or in any University property, facility, or building; or
6. Engaging in conduct that may result in damage or destruction of any University building, facility or property, including without limitation skateboarding or rollerblading on steps, railings, banisters or curbing.

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12. Off-Campus Conduct

    1. Statement of Policy

    Violations of local, state, or federal law are subject to University action. A student who has pleaded guilty to or otherwise accepted responsibility for a violation (e.g. Probation Before Judgment or no lo contendere) should be aware that the University may also sanction the student.

    2. Notification of Criminal Arrest

    1. A student is responsible for notifying the University of any off-campus arrest.
    2. When the Office of Student Conduct (for undergraduate students) or the Office of Graduate and Professional Education (for graduate students) is informed of the arrest of a student, the University will send a letter to the student requiring that he or she make an appointment for an interview with the Office of Student Conduct or Office of Graduate and Professional Education. During this interview, the facts involved in the student’s arrest, the student’s obligation to keep the University informed of the progress of the criminal charge(s), and the student’s obligation to advise the University of the final disposition of the criminal charge(s) will be discussed with the student.

    3. Withdrawal When Certain Criminal Charges are Pending

    The University may withdraw any student when certain charges are pending against that student, subject to the procedures set forth in the Student Conduct System section of this Guide.

    Specifically, withdrawal may be mandated where the crime involves an act of violence, the sale, manufacture or delivery of drugs or any other conduct that is egregiously offensive to the University’s mission.

    4. Emergency Suspension

    The University may remove any student where the continued presence of the student on-campus poses a threat to safety or the rights, welfare, or property of another, subject to the procedures set forth in the Student Conduct System section of this Guide.

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13. Residence Hall Regulations

Statement of Policy

A residence hall resident shall comply with all provisions of this Code of Conduct, and should refer to the Residence Hall Regulations, the Housing Agreements, and Residence Hall Student Rights and Responsibilities for additional rules and responsibilities that supplement the Code of Conduct. Residence hall residents are responsible for the behavior of their guests and for ensuring that guests comply with all University regulations.

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14. Responsible Computing and Use of University Computer Resources
1. Statement of Policy

All students must comply with local, state, and federal laws relating to copyright, security, and electronic media. Students must act responsibly and in accordance with relevant laws, contractual obligations, and the Policy for Responsible Computing.

All students must make certain that their computer is secured against viruses, worms, hacker attacks, and other intrusions. Further, students are responsible for all uses of their computer and will be held accountable for network traffic originating at their computer or traced back to their computer's IP number (Internet address).

All students are expected to access and use their UD e-mail and read e-mail in a timely manner. Faculty will send e-mail with important information about classes, and the administration, including the Office of Student Conduct, will send messages with timely, sometimes critical, announcements. These messages are sent to the “udel.edu” e-mail address assigned to each student. If students prefer to use a different e-mail service, they must still check their UD e-mail account or be sure to forward the “udel.edu” messages to the preferred account.

2. Prohibited Activities

A student shall not damage, destroy, misuse, or otherwise endanger the University’s computing and information resources. Specific violations of this standard include, but are not limited to: 

1. Using any University computer, facility, equipment, software, network, or other resource, including e-mail, for any activity other than that for which access or use was assigned or authorized;
2. Using any University computer, facility, equipment, software, network, or other resource, including e-mail, for commercial use;
3. Accessing any University computer, facility, equipment, software, network, or other resource, including e-mail, without authorization;
4. Using any University computer, facility, equipment, software, network, or other resource, including e-mail, to commit or attempt to commit any other violation of this Code of Conduct;
5. Disrupting, hindering, or damaging the service, use, or ability of others to access or use any University computer, facility, equipment, software, network, or other resource, including e-mail;
6. Damaging, destroying, misusing, or otherwise harming any University computer, facility, equipment, software, network, or other resource, including e-mail; or
7. Using any University computer, facility, equipment, software, network, or other resource, including e-mail, to commit or attempt to commit acts prohibited under applicable federal, state, or local laws.

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15. Sexual Assault
1. Statement of Policy

The University will not tolerate sexual assault. Sexual assault occurs when consent is not received, a person is physically forced, intimidated or coerced into a sexual act, or when a person is physically or mentally unable to give consent. Assault may be committed by an acquaintance or a stranger. Violations will be adjudicated by the University and may be reported to the appropriate law enforcement authorities.

Sexual Assault Amnesty

The Office of Student Conduct grants Amnesty to students who may have violated the Code of Conduct’s Alcohol Policy at the same time of the incident when he or she became a victim of sexual assault.  Therefore, no alcohol charges are applied to a student who reports that he or she was under the influence of alcohol at the time of a sexual assault.

2. Consent

Consent is an affirmative decision to willingly engage in mutually acceptable sexual activity given by clear words or actions. It is an informed decision made freely and actively by all involved parties. In order for a sexual encounter to be consensual, each participant must agree to engage in each act of sexual activity in the sexual encounter.

Relying solely on non-verbal communication can lead to miscommunication about one’s intent. It is important not to make assumptions. Confusion or ambiguity may arise at any time during a sexual interaction. Therefore, it is essential that each participant clarifies his or her willingness to continue at each progression of the sexual interaction.

Consent may not be inferred from silence, passivity or lack of active response alone. Furthermore, a current or previous dating or sexual relationship is not sufficient to constitute consent in every instance, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Being intoxicated does not diminish one’s responsibility to obtain consent.

Conduct will be considered “without consent” if no clear consent, verbal or non-verbal, is given. In some situations, an individual’s ability to freely consent is taken away by another person or circumstance. Examples include, but are not limited to, when an individual is incapacitated due to alcohol or other drugs, scared, physically forced, intimidated, coerced, mentally or physically impaired, passed out, beaten, threatened, isolated or confined.

The use of alcohol or drugs can limit a person’s ability to freely and clearly give consent. Alcohol and other drugs can lower inhibitions and create an atmosphere of confusion over whether or not consent has been freely and clearly given. The perspective of a reasonable person will be the basis for determining whether one should have known how the use of alcohol or drugs impacted another’s ability to give consent. Being intoxicated or impaired by drugs is never an excuse for sexual assault.

3. Prohibited Activities

Specific violations of this standard include, but are not limited to:

Any uninvited, unwelcome advance, request for sexual favor, or touching or kissing of a sexual nature, where such conduct placed the victim in a position where he or she reasonably felt unable to avoid the uninvited conduct. Conduct includes, but is not limited to, rape, sodomy or oral copulation, sexual assault, or battery.

Note: Contact the Office of Equity and Inclusion and Victim's Rights and Resources for more detailed information. Additional information may be found on the University's sexual assault resources page.

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16. Sexual and Other Discriminatory Harassment
1. Statement of Policy

The University is committed to promoting an academic and work environment that is free from all forms of harassment and discrimination whether that discrimination or harassment is because of race, color, national origin, sex, disability, religion, age, veteran status, gender identity or expression, sexual orientation or any other characteristic protected by law. This policy is designed to ensure a safe and nondiscriminatory environment that protects both the constitutional and civil rights of students, faculty and staff. Acts of discrimination and harassment undermine the University's mission by threatening the careers, educational experiences, and well-being of those associated with the University. This policy expresses the University’s opposition to discrimination and harassment and assists the University to comply with federal, state, and local legal mandates in relation to such misconduct.

This policy is intended to ensure that the University community remains free from harassment and discrimination against all members of the University community.  As such, students, faculty, staff and third-party vendors are permitted to file a complaint under this policy.  Relatedly, students, faculty and staff are permitted to file a complaint against a third-party vendor working for the University.  Following an investigation, if the third-party vendor is determined to have engaged in harassment or discrimination in violation of this policy remedial actions will be taken up to and including restricting the individual from being on the University campus and/or providing services to the University.

2. Prohibited Activities
   1. Sexual Harassment
      1. Sexual harassment includes unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a physical nature when:

         1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement;
         2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual; or
         3. such conduct has the purpose or effect of unlawfully interfering with an individual's work or academic performance or unlawfully creating an intimidating, hostile, or offensive working or academic environment.
      2. The following is a non-exhaustive list of actions that may constitute sexual harassment:

         1. A demand for sexual favors accompanied by implied threats about the person's employment or academic status, or implied promises of preferential treatment;
         2. Persistent, unwelcome flirtation, requests for dates, advances or propositions of a sexual nature;
         3. Unwanted touching such as patting, pinching, hugging or repeated brushing against an individual's body;
         4. Repeated degrading or insulting comments that demean an individual's sexuality or sex;
         5. Unwarranted displays of sexually suggestive objects or pictures; or
         6. Sexual assault.
   2. Other Discriminatory Harassment

      1. Other discriminatory harassment includes any verbal or physical conduct toward another that is based on the other's race, color, national origin, disability, religion, age, veteran status, gender identity or expression, or sexual orientation or any other characteristic protected by law, and that:

         1. unreasonably creates an intimidating, hostile, or offensive learning and/or working environment; or
         2. unreasonably interferes with an individual's work or academic performance.

      2. Discriminatory harassment goes beyond the mere expression of views or thoughts (spoken or written) that an individual may find offensive. The conduct must be sufficiently serious that it unreasonably limits an individual’s ability to participate in or benefit from the activities of the University.
3. Behavior of a sexual or discriminatory nature that does not necessarily rise to the level of sexual or other discriminatory harassment may nonetheless be unprofessional in the workplace, disruptive in the classroom, or violate other University policies and could warrant remedial actions and/or discipline.
4. The alleged conduct must be evaluated from the perspective of a reasonable person in the alleged victim's position taking into account all of the circumstances involved in a particular matter.
5. It is a violation of University policy to retaliate in any way against students or employees because they have raised allegations of sexual or other discriminatory harassment. Person(s) against whom the complaint is lodged also bear a responsibility to abstain from retaliatory behavior toward the complainant(s) and/or any individual participating in the investigation.

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17. Student Organizations

1. Standard of Conduct

Student organizations are expected to adhere to the same standards of conduct applicable to individual students. Specific violations of this standard include, but are not limited to:

1. Violating, or permitting its members or their guests to violate, or failing to prevent where such prevention was possible the violation of this Code of Conduct or any applicable city, state, or federal regulation;
2. Violating, or permitting its members or their guests to violate, or failing to prevent where such prevention was possible the violation of any contract or other agreement between the student organization and the University; or
3. Committing any act in violation of any policy, procedure or
   agreement, including the University's Housing and Dining Agreements, University Student Centers policies or any other agreement between a student organization and a University official and department, as well as rules promulgated by the appropriate University official and any other rules made applicable to student organizations.

2. Application of Policy

1. Each use of the term “Student” in this Code of Conduct shall refer to and include student organizations and their members.
 
2. Any violation of this Code of Conduct by one or more members of a student organization may constitute a violation by the organization itself. When those administering the Student Conduct System conclude that there is sufficient connection between the acts of individual students and an organization to which they belong, sanctions may be imposed on the organization as well as any offending member. Conversely, when an organization has been found responsible for a Code offense, those administering the Student Conduct System may impose sanctions on some or all members of that organization depending upon the degree of general participation in the offense.

3. Membership

1. Membership in a Registered Student Organization may not be restricted on the basis of race, color, national origin, sex, disability, religion, age, veteran status, gender identity or expression, sexual orientation or other charactaristic protected by law, except for any fraternity or sorority whose national organization requires it to be single-sex, and then only when such group demonstrates that it will not discriminate on any other basis.
 
2. A student may not frustrate the University’s suspension of a Student Organization by joining, becoming a member of, or in any way assisting or participating in a student organization that is currently on suspension from the University.

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18. Theft

1. Statement of Policy

   Theft is defined as taking or possessing the property of another without right or permission. Students shall respect the property of the University, its guests, and all members of the University community.

2. Prohibited Activities

Specific violations of this standard include, but are not limited to:

1. The unauthorized taking, misappropriation, possession, retention, or disposal of any property owned or maintained by the University, another student, a person attending a University sponsored event, or any other person; or

2. The unauthorized taking or use of any University owned or contracted service.

3. Possession of Lost or Misplaced Items

Any lost or misplaced item that is found should immediately be turned in to the proper University office. For instance, items found in the library should be taken to the library’s circulation desk. Inquiries concerning lost books, articles of clothing, or identification cards should be directed to the Lost and Found section of the Department of Public Safety.

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19. Weapons, Dangerous Instruments, and Explosive Chemicals or Devices on Campus

1. Statement of Policy

The possession, use or threat of use of any object that may reasonably be believed to cause physical injury to another person is prohibited.

2. Prohibited Activities

Specific violations of this policy include, but are not limited to, the possession, use or threat of use of any of the following items on campus:

1. Any firearm (including any weapon or instrument from which a shot, projectile, or other object may be discharged by force, whether operable or inoperable, loaded or unloaded);
2. Any toy gun which, based on color, design or appearance, would be considered by a reasonable person to be an actual firearm;
3. Any deadly weapon, defined as any instrument, item, or material readily capable of causing death or serious physical injury;
4. Any BB gun, pellet gun, air rifle, paint gun, sword (whether decorative or not), or other martial arts weapon;
   
5. Any knife (other than an ordinary pocketknife carried in a closed position, with a blade of three inches or less or cutlery of a reasonable size, when used in a kitchen or other food preparation area); or
6. Any explosive chemical or device including a substance or a combination of substances possessed or prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including fireworks and illegal or potentially dangerous chemicals.

Note: Possession of a license to possess or use any of the above items shall not constitute a defense of any violation of this section.

3. Interpretation

This policy does not prohibit any instrument or chemical expressly authorized for the pursuit of the academic mission of the University and used in an authorized manner consistent with that academic mission. Questions concerning authorized chemicals and prohibited instruments should be addressed to the Department of Public Safety or Occupational Health and Safety.

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