codeviolations

STUDENT CODE OF CONDUCT

Violations of the Rights of Others

 

Physical Abuse:

Physical abuse or injury to oneself or others.  These acts include, but are not limited to, assault, battery, personal abuse, and non-consensual sexual acts.  Acts of physical abuse and violence may result in suspension, expulsion, or residence hall removal.

Harassment/Intimidation:

Harassment, threats, intimidation, coercion, or use of physical force, or the threat of physical force, in a manner which causes another person to be reasonably apprehensive or endangers the health or safety of another person.  No student shall engage in conduct that limits or restricts the freedom of a person to move about in a lawful manner without consent.  No student will participate in conduct or nuisance actions that may prevent or distract other students from their University studies or legitimate pursuit of their personal affairs.  No student shall use a telephone, computer, or other electronic media to carry out any harassing offenses.

Instigation:

Requesting, encouraging, initiating, or assisting another person to commit any act  which would violate this Code, or University, local, state, or federal laws, regulations,  or ordinances.

Discrimination Based Violations:

The commission of any offense that is motivated by the race, gender, color, religion, national origin, cultural background, disability, or sexual orientation of another individual or group of individuals.

 

Violations of Health, Welfare and Safety

Alcoholic Beverages:

The use, consumption, possession, sale, manufacture, distribution or abuse of alcoholic beverages on University property, even for those of legal drinking age.  Students present in the immediate environs where alcoholic beverages are used or found are also in violation of this section.  Students who violate Pennsylvania State liquor laws off campus will also be in violation of this section.  Violations of this section include providing  alcohol to minors and selling or distributing alcohol without a liquor license. The presumption of possession is highest when alcohol and/or empty alcohol containers are found in a student's residence or vehicle, even if the residence or vehicle is shared with others.

Illegal Drugs/Controlled Substances:

The use, consumption, possession, sale, manufacture, distribution or abuse of illegal drugs or controlled substances or drug paraphernalia, including the sale of prescription drugs.  Students present in the immediate environs where such materials are used or found, are presumed to be in possession and will be charged with possession of those materials, (but may rebut the presumption by clear evidence).  The presumption of possession is highest when drugs are found in a student's residence or vehicle, even if the residence or vehicle is shared with others.  Incidents of drug use may result in suspension or expulsion from the University.  Violation of this section includes altering or attempting to alter prescriptions, and/or obtaining or attempting to obtain prescription drugs that have been prescribed for another individual.  Any look-alike substance used for smoking or otherwise ingesting into the body that resembles or appears to be an illegal substance is also prohibited. 

Emergency Procedures:

Failure to evacuate University buildings during all fire alarms and emergency evacuations of any kind according to established procedures. Tampering with emergency and/or safety equipment, falsely reporting a fire, activating emergency warning equipment, or communicating false information regarding the existence of explosives on University property.  Students will be in violation of this section for failure to obey all reasonable directives from authorized University personnel during a fire drill or other emergency procedures.

Disorderly Conduct:

Acts against public order and decency including, but not limited to, criminal mischief, trespassing, fighting, unreasonable noise, public intoxication resulting from the use of alcohol or controlled substances, lewd or indecent conduct, a breach of the peace, or aiding, abetting, and/or procuring another to do the same, and all other acts of disruption or disturbance.

                                                                                                                                                   

Weapons:

Possession, transportation, improper storage, use, or manufacture of firearms, fire crackers, guns, knives, explosives, weapons, or any item which is intended to be used as a weapon or has been modified or adapted so that it can be used as a weapon.

Violations of Law:

Violations of local, state, or federal laws or regulations.  If an adjudication by a court of guilt or violation of law occurs, it will be deemed evidence of a violation of this section.  However, the standards and procedures (including, but not limited to, determination of guilt beyond a reasonable doubt) of the courts or other agencies are not adopted, and violations will be determined in accordance with the University's rules and standards.  The University is not necessarily bound by criminal law interpretation and will adjudicate cases according to its own rules and interpretation.

Hazing:

Act 175 of 1986 prohibits fraternities, sororities, and other student organizations from hazing applicants for membership and from hazing persons who are already members to maintain their memberships in organizations.  The University also prohibits such activities and violations, which will be adjudicated under this Act and the University's procedures.  Any organization found to have engaged in hazing may have its official recognition permanently revoked.  Any student who participates in hazing may be fined, suspended or expelled from the University.  Hazing is also a crime, and any student who participates in hazing may also be arrested and criminally prosecuted.  Conviction may result in a jail term in addition to any other applicable penalty under the Pennsylvania Crimes Code.  Persons who may be found in violation of hazing can include those who implement or initiate the hazing, anyone in a leadership role in the chapter, any new member who willfully participates in hazing activities during new member education, and/or any other victims agreeing to the hazing.

The following provides a definition and description of hazing:

An organization and its members are engaged in hazing if it engages, for purpose of initiation or continuing membership, in an action which recklessly or intentionally endangers the physical or mental health of a student.  This means any potentially dangerous forced physical activity; any activity which could cause a student to suffer extreme mental stress; as well as any other form of forced activity potentially harmful to the mental health or dignity of a student.

Hazing activities include, but are not limited to, the following activities: whipping, beating, and/or branding; forced calisthenics; exposure to the elements; forced consumption of food, liquor, legal or illegal drugs, or any other substance; sleep deprivation; scavenger hunts; forced exclusion from social contact; conduct which could result in extreme embarrassment; nudity; coerced sexual activity; confinement; physical restraints or mental harassment.

An organization and its student members are also engaged in hazing if pledge, initiation or continuing membership activities cause the willful destruction or removal  of public or private property.

Act 175 provides that no student can be considered to have consented to being hazed.  Any activity falling within the definition of hazing activities is considered to be a forced activity, subjecting the organization and its members to the full range of penalties.

In addition, any violations of FIPG (Fraternity Insurance Purchasing Group)  regulations on hazing, or guidelines of the University's Greek letter intake process,  will be considered to be a violation of this Code of Conduct.  A copy of these regulations can be obtained at the Student Activities Office.

Violations of the Operation of the University

Theft:

Knowingly, and without consent or authorization, engaging in the removal, use, misappropriation, sale, and/or the possession, dominion, or control of the property of  the University or another person.  This includes theft of telephone access codes, computer software, and theft of services.  Students are also in violation of this section  by obtaining property of the University or another person by misrepresentation or fraudulent means, or entering or using the facilities of the University or another individual without consent or authorization.

Electronic Media:

The theft, misuse, or possession of any electronic media belonging to the University or another individual.  This includes, but is not limited to, using one's own electronic equipment to harass, threaten, or intimidate another person.  Violation of this section will include the unauthorized use of University computer equipment for the purpose of performing any illegal operations, including accessing secure information or attempting to alter or interrupt the operation of University computer systems in any manner.

Vandalism:

The intentional or negligent abuse, damage, or destruction of property owned or in the possession of the University or another person.  This includes any acts causing or risking damage or loss of property.

Misuse of Safety Equipment:

The abuse, removal, or damage of fire safety equipment or any other safety-related equipment.

Misuse of University Owned Property and Equipment:

Any misuse of University property or equipment including, but not limited to, removing screens from windows, removing furniture or other property from its designated area, or using recreational equipment in other than designated areas.

                                                                                                                                               

Smoking:

Smoking is prohibited anywhere on campus under the 2008 Pennsylvania Clean Indoor Air Act and a directive of the Pennsylvania State System of Higher Education. 

Misuse of Identification/Records:

The forgery, alteration, misuse, or unauthorized possession of documents, records, or instruments of identification.  This includes falsification of information or records submitted to a University official or office.

                                                                                                                                                    

Dishonesty:

Dishonesty, such as cheating, plagiarism, or knowingly furnishing false information, or making false reports to the University or Borough officials.  Please review the University's Statement of Academic Integrity on page 3 of this Code.

Disruption of Educational Mission:

The obstruction or disruption of teaching, research, administration, disciplinary procedures or other University activities.  The disruption or prevention of the peaceful and orderly conduct of classes, lectures, and other University functions is prohibited.  Students have the right to assemble within the confines of University Policy C005,"Rights of Students and Other Persons to Assemble for the Purpose of  Demonstrating Their Concerns."  A copy of Policy C005 can be viewed at http://www.edinboro.edu/cwis/admin/finance/restrict/policy/C005.html.

Failure to Comply:

Failure to comply with the directions of University or Borough officials acting in the performance  of their duties, or refusal or failure to respond promptly to a request to report to an administrative office.  This includes failure to pay, in a timely fashion, any fee, fine, charge, or assessment imposed by the University.  This also includes failure to present University identification upon request by an authorized University official who has offered proper identification as to his/her status.

Disregard of Sanction/Requirement:

Violation or disregard of any sanction or condition established or imposed by previous disciplinary action, or violation of any lawful restriction pertaining to access to University-owned premises.

Violation of University Policy or Law by an Acknowledged Guest:

Violation of any University policy by a guest who is not a student of the University.  Students will be held accountable for the behavior of their guests at all times.

Multiple/Repeated Residence Hall Community Standards Violations:

Multiple or repeated violations of the Residence Hall Community Standards constitute violation of the Student Code of Conduct.

Failure to Report Off Campus Infractions:

Students involved in off campus violations must report the violation to the Office of Student Judicial Affairs within seven (7) business days of the arrest/citation and report the outcome of this incident within seven days of a formal adjudication by the criminal courts system.  Failure to do so constitutes a violation of the Student Code of Conduct.

                                                                                                                                                   

Other Acts or Omissions:

Any other act or omission which an ordinary, intelligent, and reasonable University student should know is likely to lead to the imposition of discipline.  If the University meets its burden of establishing such an act or omission, discipline may, if necessary to protect the University or its mission, be issued without regard to whether the particular accused student actually knew discipline was likely or intended any harm or misbehavior.