Chapter 8
S T U D E N T
C O N D U C T C O D E
approved
June 28, 2003
8.010. Purpose
8.020. Definitions
8.030. Administrative Authority
8.040. Jurisdiction
8.050. Proscribed Conduct
8.060. Relationship of Law Enforcement and University
Conduct System
8.070. University Conduct System
8.080. Sanctions
8.090. Interim Suspension
8.100. Appeals
8.110. Interpretation and Periodic Review
8.010. Purpose.
State statutes provide
that the governing boards of public colleges and universities "shall
possess full power and authority to adopt all needful rules and
regulations for the guidance and supervision of the conduct of all
students" and "to enforce obedience to the rules." Although the grant of
authority is broadly stated, it is well recognized that students are
citizens. They have legal rights, and they deserve to be treated with
dignity and respect. For that reason, it is important for the
University's standards of student conduct, and the procedures for the
enforcement of such standards, to be fair and reasonable and to be made
available to all members of the University community.
Truman State University
is a community of scholars. The University aspires to transmit
knowledge, to develop its students, and to promote the quality of a
mature and diverse society. By enrolling in the University, the student
neither loses the rights nor escapes the duties of a citizen but
conducts his or her life in the context of mutual regard for the rights,
property, and privileges of others. In seeking these goals, the
University recognizes the significance of students’ rights. Those rights
include freedom of expression, autonomy, procedural protection, and the
respect for personal integrity of all members of the community and their
property. By ensuring those individual rights, the University fosters an
environment conducive to the students’ success and well being. In
addition, efforts will be made to foster the personal and social
development of students. The Student Conduct Code fully respects
students’ rights.
Of course, students
have obligations as well as rights. As members of an academic community,
they must observe rules that benefit their community. Students must
practice personal integrity. By doing so, they respect the dignity,
rights, and property of all members of the University community. The
Student Conduct Code thus creates an expectation of behavior that the
University views as acceptable and appropriate. By fulfilling these
expectations, students can enjoy their own rights, while also respecting
others’ rights and furthering the University’s mission.
Student organizations
often enrich the campus and community by providing a source of
intellectual, personal, and social development for students through
their programs and activities. The University fulfills an important
mission by providing procedures and policies for the registration and
support of student organizations. Inherent in University
registration of student organizations is the obligation of each
organization to conduct activities in accordance with all University
rules, policies, and applicable laws. A fundamental aspect of an
organization is the right of the membership to elect officers who serve
to ensure, among their other duties, that the activities of the
organizations are conducted properly. It is the responsibility of the
officers of each student organization to ensure that the student
organization complies with the Student Conduct Code and to actively
oppose and prevent any organizational activity that would violate it. It
is also the obligation of the officers of any student organization to
advise and counsel individual members of their organization whose
conduct could lead to misconduct charges against the organization.
The University, as any
other, must have a system to deal with those instances when a member,
members, or student organization(s) fails to adhere to the expectations
of the community. This Student Conduct Code describes University
expectations of students and student organizations and the processes
available when a student or student organization has failed to adhere to
these expectations. The Code also strives to support the
educational environment by being proactive in nurturing appropriate
personal and organizational development.
The University conduct
process is not analogous to, is not equivalent to, and does not conform
to, and is not a substitute for criminal law processes. This process is
designed, in part, to determine responsibility, or lack thereof, for
violations of the Student Conduct Code only, not guilt or innocence. The
University conduct process shall be informal in nature so as to provide
substantial justice and it shall not be bound by legal jargon,
court-like proceedings, or legal definitions, which are the province of
criminal courts.
This policy has been
developed in accord with such philosophy and will be administered
accordingly.
. 8.020. Definitions.
Unless the context clearly requires
otherwise, the following terms shall be accorded the following meanings.
1.
The term "academic
dishonesty" includes, but is not limited to any one of the following
acts:
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:
Defined as representing 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; or (c) 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.
The term “accused”
means a student or student organization charged with violating one or
more provision(s) of the Student Conduct Code.
3.
The term "attempting to
commit an act" means when a student or student organization, with
the purpose of committing an act, takes any action that is a substantial
step toward the commission of the act.
4.
The term "calendar day"
means any recognized day of a year.
5.
The term "complainant"
means a member of the University community who files a written complaint
with the University alleging that a student or student organization has
violated the Student Conduct Code.
6.
The term "conduct hearing
board" means a committee appointed by the Dean of Student Affairs to
determine whether a student or student organization has violated the
Student Conduct Code and, if a violation is found, to recommend the
imposition of sanctions.
7.
The term "conduct officer"
means any person authorized by the Dean of Student Affairs to implement
the provisions of the Student Conduct Code and to provide assistance for
any person involved in its operation.
8.
The term "consent"
means voluntary, non-coerced and clear communication indicating a
willingness to engage in a particular act. Consent is defined in the
following manner: consent or lack of consent may be expressed or
implied. Acquiescence does not necessarily constitute consent,
further consent cannot be construed if: (a) It is given by a person who
is legally incompetent to authorize the conduct charged to constitute
the offense and such incompetence is manifest or known to the actor; or
(b) It is given by a person who by reason of youth, mental disease or
defect, or intoxication is manifestly unable or known to the actor to be
unable to make a reasonable judgment as to the nature or harmfulness of
the conduct charged to constitute the offense; or (c) It is induced by
force, duress or deception.
9.
The term "Dean of Student
Affairs" means the person designated by the President of the
University to be responsible for the administration of the Student
Conduct Code.
10.
The term "evidence"
means any witness testimony, documents, statements, or tangible material
presented at a hearing in support of either the University’s or the
accused’s case.
11.
The term "faculty member"
means any person hired by the University to conduct classroom
activities, to supervise other academic credit experiences, or other
learning/teaching activities.
12.
The term “gambling”
means playing or sponsoring an unlawful game of chance for money or for
anything of value on University premises or at a University or student
organization sponsored activity or event; unlawfully sell, barter, or
dispose of a ticket, order, or any interest in a scheme of chance on
University premises or at a University or student organization sponsored
activity or event; wage on a University team or organization in a
competition, with or without an intent to have a direct influence in the
success of the competition.
13.
The term “harassment”
means physical, verbal, or written conduct related to an individual’s
disability, ethnic background, 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.
14.
The term "hazing" is
any act on or off the campus of the University, determined by a
reasonable person, that endangers the mental or physical health or
comfort or safety of a student or prospective member, or results in the
destruction or removal of public or private property, or which causes
embarrassment, or 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 willingness to participate in the activity. Acts of hazing
shall include, but not be limited to:
14.1
Any activity which endangers
the physical health or safety of the student or prospective member,
including, but not limited to, physical brutality, whipping, beating,
branding, exposure to the elements, forced consumption of any food,
liquor, drug, or other substance, or forced smoking or chewing of
tobacco products; or
14.2
Any activity that endangers
the mental health of the student or prospective member, including but
not limited to sleep deprivation, physical confinement, or other extreme
stress inducing activity; or
14.3
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.
15.
The term "health" means
physical or mental well-being.
16.
The term "in violation"
means that the student or student organization has been found
responsible for a violation of the Student Conduct Code.
17.
The term "joint hearing"
means any hearing at which two or more students or student organizations
are charged with violating one or more provisions of the Student Conduct
Code.
18.
The terms "may" and “should”
are used in the permissive sense.
19.
The term "member of the
University community" includes any person who is a student,
administrator, faculty member, staff member, University official, or any
other person employed by the University. A person's status in a
particular situation shall be determined by the Dean of Student Affairs.
20.
The terms “must”, "shall",
and “will” are used in the imperative sense.
21.
The term "not in violation"
means that the student or student organization has not been found
responsible for a violation of the Student Conduct Code.
22.
The term "officer"
means a person in a student organization who holds an elected or
appointed leadership position in that organization.
23.
The term “paraphernalia”
includes any object that contains the residue of (a) alcohol or (b) an
illegal drug and (c) any object that is used in the consumption or
distribution of an illegal drug. Examples of “a” include, but are not
limited to a Examples of “a” include, but are not limited to a beer bong
and empty alcoholic containers. Examples of “b” include, but are
not limited to a marijuana pipe, bong, or blow tube. An example of
“c” is a scale used in measuring quantities of an illegal drug.
24.
The term "policy" or "policies"
means the written regulations of the University as approved by the Board
of Governors, the President of the University, or other University
officials, and as set forth in general publications such as, but not
limited to, the bylaws and policies of the Board of Governors,
general/graduate bulletins, student handbooks, residence life handbooks,
student organization recognition agreement, vehicle rules and
regulations, or in special announcements about specific issues which are
openly and fairly made available to students and student organizations.
25.
The term "preponderance of
evidence" means evidence that would lead a reasonable person to
conclude that it is more likely than not that the act in question did
occur or that the fact or proposition is true.
26.
The term "prior record"
means that the accused student or student organization engaged in acts
prior to the incident in question which violated the Student Conduct
Code. A prior record includes, but is not limited to, past action taken
for misconduct, any previous conduct hearing, documents sent to an
accused student or student organization concerning any act of
misconduct, and informal hearing records. A finding of "in violation" of
the Student Conduct Code will be considered a prior record even if an
appeal of the finding and/or sanction is pending. A prior record can
only be used in recommending or determining sanctions and shall not be
revealed during the hearing process.
27.
The term "sanctioned by an
officer" means a student organization and its officers may be held
collectively or individually responsible when violations of this Code by
those associated with the organization have received the tacit or overt
consent or encouragement of the organization or the organization’s
leaders, officers, or spokespersons.
28.
The term "sexual misconduct"
means the involvement by a person in any sexual act with another person
without the acknowledged and informed consent of the other person.
Failure of the other person to object to the sexual act does not qualify
as acknowledged and informed consent, particularly when the other person
is incapacitated by drugs, alcohol, mental deficiency, or other similar
disability. In particular, sexual misconduct includes the following acts
with another person which occur without the acknowledged and informed
consent of the other person:
28.1
"Sexual contact"
means any intentional touching of the genitals or anus of any person, or
the breast of any person, or any such intentional touching through the
clothing for the purpose of arousing or gratifying sexual desire of any
one person;
28.2
“Sexual act”
means (a) any penetration, however slight, involving the genitals of one
person and the genitals or anus of another person, whether or not
emission results; (b) any act involving the genital of one person and
the mouth, tongue, hand, or anus of another person; (c) or any of the
above acts induced by force, duress, or deception.
28.3
Specifically excluded from
this definition of sexual misconduct is the touching of another person
for legitimate medical or safety purposes due to an emergency situation,
which precludes consent, but for which consent could be reasonably
presumed.
28.4
The term "sexual
harassment" is defined in Chapter 15 of the Code of Policies of
the Board of Governors. Sexual harassment includes unwelcome sexual
advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature.
29.
The term "student" or "students"
include all persons taking or auditing classes at the University, both
full-time and part-time, pursuing undergraduate, graduate, or
professional studies; matriculated in any University program; and those
who attend post-secondary educational institutions other than Truman
State University and who reside in University residence halls. Persons
who are not officially enrolled for a particular term, but who have a
continuing relationship with the University, are considered “students.”
30.
The term "Student Conduct
Code" means the policy in this chapter of the Code of Policies of
the Board of Governors establishing rules for the conduct of students at
Truman State University.
31.
The term "student
organization" means (a) any number of persons who have applied for
recognition/registration as a student organization by the University or
(b) any number of persons who have complied with the formal requirements
for University recognition/registration as a student organization.
32.
The term "University"
means Truman State University.
33.
The term "University
conduct system" means the processes and entities created in this
chapter to implement the provisions of the Student Conduct Code.
34.
The term "University
official" means any person employed by the University performing
assigned administrative or professional responsibilities. This term
specifically includes residence hall Student Advisors.
35.
The term "University
premises" includes all land, buildings, facilities, and other
property owned, used, or controlled by the University.
Cross-reference: Sections 5.070 and 7.020 of
the Code of Policies of the Board of Governors.
8.030. Administrative Authority.
The authority to administer and implement
the Student Conduct Code shall be vested in the President of the
University. Unless the President of the University elects to be directly
involved in the administration of the Student Conduct Code, the
authority for such administration shall be delegated to the Dean of
Student Affairs, who shall implement the policy. The Dean of Student
Affairs shall develop policies for the administration of the student
conduct program and procedural rules for the conduct of hearings that
are consistent with state and federal laws and with the provisions of
the Student Conduct Code.
.
8.040. Jurisdiction.
8.040.1. Student
Jurisdiction. A student becomes responsible for reading and agreeing
to abide by the Student Conduct Code at the time of matriculation to the
University. A student is subject to the jurisdiction of the
University Conduct System if he/she allegedly violated a provision of
the Student Conduct Code:
1.
Which occurs on University
premises; or
2.
Which occurs at any location
during activities or events arranged or sponsored by the University or
by a student, student organization(s), or by an officer or a student
acting on behalf of, or at the request of an organization(s); or
3.
Which occurs at any location
if such conduct is so grievous that it could seriously and adversely
affect the reputation of the University, its community, and/or the
pursuit of the University's objectives.
8.040.2. Student
Organization Jurisdiction. A student organization, its
officers, and advisor(s) acknowledge on an annual basis through
completion and signing of the Student Organization Recognition Agreement
that they have read, reviewed, and agreed that the organization and its
members will abide by the Student Conduct Code and the rules for
proscribed student organization conduct. Student organization
officers are responsible for actively addressing member behavior that
violates the Student Conduct Code, both individually and behavior that
is considered an organizational violation. The “reasonable person”
standard will be utilized by the Conduct Officer in determining if the
behavior by the organization, its officers, members, and/or guests is
the responsibility of the student organization. A reasonable
person would conclude that it is more likely than not that the act in
question did occur and is the responsibility of the student
organization. A student organization is subject to the jurisdiction of
the University Conduct System if it allegedly violated a provision of
the Student Conduct Code:
1.
Which occurs on University
premises; or
2.
Which occurs at any location
during activities or events arranged or sponsored by the University or
by a student, student organization(s), or by an officer or a student
acting on behalf of, or at the request of an organization(s); or
3.
Which occurs at any location
if such conduct is so grievous that it could seriously and adversely
affect the reputation of the University, its community, and/or the
pursuit of the University's objectives, or
4.
If the organization(s) chooses
to protect one or more individual offenders who are members, alumni or
guests of the organization(s) or guests at the organization(s)’
activity; or
5.
The offense, by its nature or
after a review of facts and circumstances, is deemed an organizational
violation since the organization, its officers, and/or leadership failed
to exercise reasonable supervision of its member(s) or guest(s); or
6.
When, after hearing a case,
the conduct officer or conduct hearing board deems that the offense, by
its nature, was an organizational violation and not the actions of an
individual member.
.
8.050. Proscribed Conduct.
8.050.1. Proscribed
Student Conduct. The following acts are prohibited, and 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.
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:
Defined as representing 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.
Providing false and misleading information and/or falsification of
University records.
2.1
(a) Lying, (b) deceiving, or
(c) furnishing false and misleading information for the purpose of
causing another person or University official to act or refrain from
acting;
2.2
(a) Forgery, (b) alteration,
or (c) misuse of any document, record, material, file, or instrument of
identification;
2.3
Deliberately and purposefully
providing false or misleading verbal or written information about
another person that results in damage to the person’s reputation.
3.
Disruptive conduct.
3.1
Disruption or obstruction of
(a) teaching, (b) research, (c) administration, (d) free flow of
pedestrian or vehicular traffic on University premises.
3.2
Disruption or obstruction of
(a) teaching, (b) research, (c) administration, (d) free flow of
pedestrian or vehicular traffic at University recognized activities and
events.
3.3
Tampering with the election(s)
of any student organization(s) or group.
3.4
Creating a fire, safety, or
health hazard through the misuse, abuse, rendering inoperable, or
degrading the effectiveness of any University safety equipment, fire
fighting equipment, or fire alarms.
3.5
Activating a fire or emergency
alarm, extinguisher, or other safety device without good cause or
reasonable justification.
3.6
Providing a false report of an
explosive or incendiary device that constitutes a threat or bomb scare.
3.7
An act that deliberately
interferes with the academic freedom or the freedom of speech of any
member or guest of the University community.
3.8
Conduct that is (a)
disorderly, (b) lewd, or (c) indecent.
3.9
(a) Breach of peace or (b) an
act 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.
3.10
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.
3.11
Failure to identify oneself 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.
3.12
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.
4.
Personal Abuse.
4.1
Verbal or written abuse
of any person including coercion, lewd, indecent, or obscene expressions
of conduct.
4.2
Physical abuse
or threat of physical abuse to any person.
4.3
Harassment:
defined as behavior that (including written, telephone, or electronic
communication such as AOL, IM, ICQ, etc.) directed at a member of the
University community that would cause severe emotional distress,
intimidation, or coercion to a reasonable person in the victim’s
position, or would place a reasonable person in the victim’s position in
fear of bodily injury or death. This definition, however, shall
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.
4.4
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.
4.5
Other conduct that
threatens or endangers the health or safety of any person.
5.
Sexual misconduct
specifically includes, but is not limited to, the following acts with
another person which occur without the consent of the other person:
5.1
Forcible Sexual
Misconduct: The involvement in any sexual act with another
person, without the consent of the other person, in which there is (a)
force which overcomes reasonable resistance; or (b) the threat of force,
expressed or implied, or (c) the use of duress or deception.
5.2
Nonforcible Sexual
Misconduct: The involvement in any sexual act with another
person, without the consent of the other person, particularly when the
other person is incapacitated by drugs, alcohol, mental deficiency, or
other disability.
5.3
Nonconsensual Sexual
Contact: Any intentional and unwanted touching of the genitals,
anus, or breast of any person.
5.4
Sexual Related
Misconduct: Behavior that is sexually motivated, including but
not limited to indecent exposure and voyeurism.
5.5
Sexual Harassment:
Includes unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature. Student sexual
harassment occurs when the student’s conduct unreasonably interferes
with a (a) person’s work or educational performance or (b) creates an
intimidating, hostile, or offensive environment for working and
learning.
5.6
Sexual Verbal Abuse:
Using language that is sexual in nature and unwanted on the part of
another person. Examples include but are not limited to phone
calls or use of written and/or verbal communication that are
intimidating, threatening, or obscene in nature.
6.
Theft/property damage.
6.1
Attempted theft of (a)
University property or (b) property of another.
6.2
Actual theft of (a) University
property or (b) property of another.
6.3
Damage to (a) University
property or (b) property of another.
6.4
(a) Embezzling, (b)
defrauding, or (c) 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.
7.
Hazing as defined above in this chapter. The term "hazing" is any
act on or off the campus of the University, determined by a reasonable
person, that endangers the mental or physical health or comfort or
safety of a student or prospective member, or results in the destruction
or removal of public or private property, or which causes embarrassment,
or 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
willingness to participate in the activity. Acts of hazing shall
include, but not be limited to:
7.1
Any activity which endangers
the physical health or safety of the student or prospective member,
including, but not limited to, physical brutality, whipping, beating,
branding, exposure to the elements, forced consumption of any food,
liquor, drug, or other substance, or forced smoking or chewing of
tobacco products; or
7.2
Any activity that endangers
the mental health of the student or prospective member, including but
not limited to sleep deprivation, physical confinement, or other extreme
stress inducing activity; or
7.3
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.
8.
Unauthorized use of keys,
and/or entry.
8.1
Unauthorized (a) possession,
(b) duplication or (c) use of keys to any University premises.
8.2
Unauthorized (a) entry, (b)
attempted entry, or (c) use of University premises or (d) remaining in
private or restricted areas of University or community facilities is
prohibited.
9.
Narcotics, controlled substances, chemicals, and drug paraphernalia
violations.
9.1
(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.
9.2
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 as prohibited by law of the state
of Missouri.
10.
Alcohol violations.
10.1
Public intoxication on
University premises.
10.2
(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 regulations. Possession could mean in the presence of
alcohol.
10.3
Operating a vehicle on
University property, or on streets or roadways adjacent to or abutting
University property, under the influence of alcohol as prohibited by law
of the state of Missouri.
10.4
No student shall 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.
11.
Possession and/or use of a firearm and/or dangerous material.
11.1
Illegal or unauthorized
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.
11.2
Illegal or unauthorized
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.
12.
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.
12.1
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.
12.2
Unlawfully 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.
12.3
Wage on a University team or
organization in a competition, with or without an intent to have a
direct influence in the success of the competition (a) on University
premises or (b) at a University or student organization sponsored
activity or event.
13.
Instigation or participation in group disturbances during
demonstration(s), parade(s), or picketing.
13.1
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.
13.2
Leading or inciting others to
disrupt scheduled and/or normal activities on University premises.
14.
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:
14.1 Any use deemed
commercial or for-profit.
14.2 Any use that is
likely, intended, or by negligence causes unauthorized network (a)
disruption, (b) system failure, or (c) data corruption.
14.3 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.
14.4
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.
14.5 Intentionally
circumventing or building an unauthorized conduit through the University
firewall with intentions of bypassing University (a) network management
and/or (b) security devices.
14.6 Use of another
individual’s (a) identification; (b) network, email or other university
based account; and/or (c) related passwords.
14.7
Unauthorized transfer or entry
into a file, (a) to read, use, or change the contents; or (b) for any
other reason.
14.8
Use of computing facilities or
network resources to send (a) obscene, (b) harassing, (c) abusive, (d)
threatening messages, or (e) computer viruses or worms.
14.9
Any use that violates Truman
(a) policies, (b) procedures, and (c) contractual agreements.
14.10
Any use that violates (a)
local, (b) state or (c) federal laws.
15.
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.
16.
Other misconduct.
16.1
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. In instances where guests violate rules or codes,
the student host will be held responsible. Residents of a room or
apartment are responsible for all that occurs within that dwelling
including any guest misconduct. Whether a visitor is a student,
non-student, or non-identified guest the student host will be held
responsible for violations of the Student Conduct Code. Responsibility
under these rules may occur even if the host is not a participant in the
activity or has left the visitor(s) alone.
16.2
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 web site, etc.).
16.3
Misconduct at University
sponsored/related activities. Violation of University rules or
regulations of a host institution sponsored/related activity.
17.
Abuse of University conduct
procedures, including but not limited to:
17.1
Failure to obey the summons of
the University Conduct system or University official.
17.2
Falsification, distortion, or
misrepresentation of information to the University Conduct system.
17.3
Disruption or interference
with the orderly operation of the University Conduct system.
17.4
Initiation of a conduct
proceeding knowingly without cause.
17.5
Attempting to discourage an
individual's proper participation in, or use of, the University Conduct
system.
17.6
Attempting or committing an
act of retaliation against a person or student organization that has
reported a violation of the Student Conduct Code.
17.7
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;
17.8
Harassment, abuse, or
intimidation of a member of a conduct hearing board prior to, during, or
after participation in the University Conduct system.
17.9
Failure to comply with the
sanction or sanctions imposed under the Student Conduct Code.
17.10
Influencing or attempting to
influence another person to commit an abuse of the University Conduct
system.
18.
Commission of felony or misdemeanor. Commission of an act,
which is a felony or misdemeanor as provided in local, state, or federal
law shall also constitute a violation of this Code, and subject the
accused to disciplinary action, whether or not prosecuted by public
officials.
19.
Conduct that is (a) obscene based on contemporary community standards or
that is (b) detrimental to the University's image as a public
institution.
Acts of misconduct by a
student shall 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.
Cross-reference: Sections 5.070 and 7.020 of
the Code
8.050.2. Proscribed Student Organization
Conduct. The following acts are prohibited and any student
organization found to have committed, have attempted to commit, or to
have willfully aided or abetted any of the following acts of misconduct
is subject to the sanctions hereafter described in this chapter.
Sanctions for student organization misconduct may include revocation or
denial of recognition, registration, or charter, as well as other
appropriate sanctions, pursuant to 8.080 of this Code.
1.
Providing false and misleading information and/or falsification of
University records.
1.1
(a) Lying, (b) deceiving, or
(c) furnishing false and misleading information for the purpose of
causing another person or University official to act or refrain from
acting.
1.2
(a) Forgery, (b) alteration,
or (c) misuse of any document, record, material, file, or instrument of
identification.
1.3
(a) Causing, (b) condoning, or
(c) encouraging the alteration or creation of any official University
document, record, material, file, or instrument of identification to
include incorrect or misleading information is prohibited.
1.4
Deliberately and purposefully
providing false or misleading verbal or written information about
another person that results in damage to the person’s reputation.
2.
Disorderly Conduct. No student organization shall:
2.1 Act
in a manner that can reasonably be expected to disturb the academic
pursuits or infringe upon the privacy, rights, privileges, health or
safety of (a) students, (b) the University community, or (c) local
community.
2.2
Obstruct the (a) free movement of other students around the campus, (b)
interfere with the use of University facilities, or (c) prevent the
normal operation of University.
2.3
Condone or encourage such acts of physical assault, including sexual
assault.
2.4
Engage in obscene or indecent
conduct.
2.5
Fail to comply with the
administrative policies as enacted by the University.
2.6
Fail to comply with the
directions of (a) University officials or (b) authorized agents acting
in the performance of their duties.
2.7
Tamper with the election(s) of
any student organization(s).
3.
Compliance with the Directions or Requests of University Officials.
3.1
Student organization officers,
leaders, spokespersons shall comply with all directions or requests of
(a) University officials or (b) law enforcement officers, etc. in a
timely manner.
3.2
Student organization members shall comply with all directions or
requests of (a) University officials or (b) law enforcement officers,
etc. in a timely manner.
4.
Theft, Disregard for Property. No student organization shall (a)
take, (b) attempt to take, or (c) keep in its possession property or
services not belonging to their organization.
5.
Damage to Property. Malicious or unwarranted (a) damage or (b)
destruction of another’s property is prohibited.
6.
Hazing. The University does not condone hazing in any form and
defines hazing to include but not be limited to any act on or off the
campus of the University, determined by a reasonable person, that
endangers the mental or physical health or comfort or safety of a
student or prospective member, or results in the destruction or removal
of public or private property, or which causes embarrassment, or
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
willingness to participate in the activity. Acts of hazing shall
include, but not be limited to:
6.1
Any activity which endangers
the physical health or safety of the student or prospective member,
including, but not limited to, physical brutality, whipping, beating,
branding, exposure to the elements, forced consumption of any food,
liquor, drug, or other substance, or forced smoking or chewing of
tobacco products; or
6.2
Any activity that endangers
the mental health of the student or prospective member, including but
not limited to sleep deprivation, physical confinement, or other extreme
stress inducing activity; or
6.3
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.
7.
Unauthorized use of keys, and/or entry.
7.1
Unauthorized (a) possession, (b) duplication or (c) use of keys to any
University premises
7.2
Unauthorized (a) entry, (b) attempted entry, or (c) use of University
premises or (d) remaining in private or restricted areas of University
or community facilities is prohibited.
8.
Alcohol and Drug Related Misconduct. Missouri law prohibits
possession or consumption of alcoholic beverages by those under the
legal drinking age and prohibits making alcoholic beverages available to
persons under the legal drinking age.
8.1 No
organization shall furnish or cause to be or allow to be furnished any
alcoholic beverage to any person under the legal drinking age.
8.2
The sale of alcohol is
prohibited.
8.3
No organization shall furnish
or cause to be or allow to be furnished any alcoholic beverage to any
person in a state of noticeable intoxication.
8.4
The unlawful (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. Each organization shall take all necessary
steps to see that this regulation is not violated at functions it
sponsors as well as on any property it owns, operates, and/or rents.
8.5
Each student organization
shall take all necessary steps to see that no person under the legal
drinking age possesses any alcoholic beverages at (a) functions it
sponsors as well as within any (b) property or (c) transportation it
owns, operates, and/or rents.
8.6
When alcoholic beverages are
present at off-campus activities sponsored by a student organization,
(a) the organization must provide non-alcoholic beverages and an
adequate supply of food that is in plain view of those attending; and
(b) the organization must not permit, encourage, or sponsor
participation in any drinking games or themes that might encourage the
rapid/excessive consumption of alcohol.
9.
Gambling. Student organizations are prohibited from the
following:
9.1
Play or sponsor an unlawful game of chance for money or for anything of
value (e.g., raffle) on (a) University premises or at (b) any affair
sponsored by a student organization.
9.2
Unlawfully sell, barter, or dispose of a ticket, order, or any interest
in a scheme of chance by whatever name on (a) University premises or at
(b) any affair sponsored by a student organization.
9.3 Wage
on a University team or organization in a competition, with or without
an intent to have a direct influence in the success of the competition
(a) on University premises or (b) at a University or student
organization sponsored activity or event.
10.
Use of Facilities.
10.1
Registered student
organizations planning events in University facilities are responsible
for knowing any applicable policies.
10.2
Registered student
organizations planning events in University facilities are expected to
be in full compliance with any applicable policies.
10.3
Those individuals acting on
behalf of an organization that reserves facilities should check with the
University department or office responsible for the facility to
guarantee that all procedures have been followed.
11.
Fire Safety and Sanitation.
11.1
(a) Tampering with or (b)
damaging fire safety equipment is prohibited.
11.2
(a) Causing, (b) condoning, or
(c) encouraging the creation of any situation involving incendiary or
other chemicals or substances, explosives or fire that reasonably may
result in danger to another’s person or property is prohibited.
11.3
(a) Possession or (b) use of
illegal fireworks, incendiary devices, or dangerous explosives is
prohibited.
11.4
Failure to properly maintain a
student organization’s facilities, property (furnishings, equipment,
etc.), or surrounding real estate property so as to create a potential
danger to the health and safety of the occupants or members of the
University and surrounding community is prohibited.
12.
Outstanding Debt.
12.1
All student organizations are
responsible for ensuring that all bills are paid to both on and off
campus vendors in a timely manner.
12.2
Student organizations shall
not knowingly enter into purchase or rental agreements that are beyond
the resources of the organization’s ability to pay.
13.
Advertising.
13.1 Origination or
circulation of any advertising media that contains matter that violates
or is contrary to the policies of the University, Student Organization
Recognition Agreement, Center for Student Involvement, Department of
Residence Life, Student Recreation Center, Student Union, and/or
federal, state or local law is prohibited.
13.2 Origination or
circulation of any advertising media containing (a) false information,
(b) misleading information, (c) obscene language, (d) patently offensive
material, (e) the promotion of alcohol consumption, or (f) illegal
activities/behavior is prohibited.
14.
Social Events.
14.1 Crowd size that
exceeds such limits so as to infringe upon the rights and/or property of
others and/or endanger those in attendance is prohibited. Student
