University Housing 2011-2012 Student Handbook

 

The Student Code of Conduct

Your Rights and Responsibilities  
All students are required to abide by the provisions set forth by the Student Code of Conduct students.asu.edu/srr

Jurisdiction and Authority
Under Arizona law, the Arizona Board of Regents is responsible for the control and supervision of the state universities and their properties and activities. The Board is authorized to enact ordinances for the governance of the universities and the maintenance of public order upon all property under its jurisdiction. The Board has promulgated this Student Code of Conduct in order to meet its responsibilities under Arizona law.  The Presidents are authorized to enforce the Student Code of Conduct.

Violators may be accountable to both civil and criminal authorities and to the university for acts of misconduct that constitute violations of the Student Code of Conduct. At the discretion of university officials, disciplinary action at the university may proceed during the pendency of other proceedings. Sanctions may be imposed for acts of misconduct that occur on university property or at any university sponsored activity.  As further prescribed in these rules, off-campus conduct may also be subject to discipline. With respect to student organizations, and their members, university jurisdiction extends to premises used or controlled by the organizations.

Philosophy
The aim of education is the intellectual, personal, social, and ethical development of the individual. The educational process is ideally conducted in an environment that encourages reasoned discourse, intellectual honesty, openness to constructive change and respect for the rights of all individuals. Self-discipline and a respect for the rights of others in the university community are necessary for the fulfillment of such goals. The Student Code of Conduct is designed to promote this environment at each of the state universities.

The Student Code of Conduct sets forth the standards of conduct expected of students who choose to join the university community.  
Students who violate these standards will be subject to disciplinary sanctions in order to promote their own personal development, to protect the university community, and to maintain order and stability on campus.

Scope
The adoption of the Student Code of Conduct does not prohibit any university or the Board of Regents from adopting or maintaining additional rules to govern the conduct of students. Allegations of misconduct brought under the Student Code of Conduct may be combined with allegations arising under other university or Board rules.
The Student Code of Conduct applies to individual students and to student organizations.  
Students and student organizations are also subject to the following rules:

  • Rules adopted by each university to govern the control of vehicles and other modes of transportation on university property;
  • Rules relating to student classroom conduct, academic dishonesty, academic eligibility, performance and evaluation;
  • Rules governing student housing;
  • Rules governing the maintenance of public order;
  • Rules governing the conduct of student athletes;
  • Rules governing the use of university communication and computing resources; and
  • Such other rules as may be adopted by the Board or universities in furtherance of university and educational goals.

Student Organizations
Student organizations may be charged with violations of the Student Code of Conduct.
Student organizations, as well as their members, may be held collectively and/or individually responsible for violations if the misconduct occurs: (a) on university property; (b) on premises used or controlled by the organizations; or (c) at university-sponsored activities.

The officers or leaders of a student organization may be held collectively and/or individually responsible when such violations are committed by persons associated with the organization who have received consent or encouragement from the organization’s officers or leaders or if those officers or leaders knew that such violations were being or would be committed.

The officers or leaders of a student organization may be directed to take action designed to prevent or end such violations by the organization or by any persons associated with the organization.  Failure to comply with a directive may be considered a violation of the Student Code of Conduct, both by the officers or leaders of the organization and by the organization.

Definitions
Definitions provided elsewhere in this chapter are applicable to this Student Code of Conduct. Terms not expressly defined in the Student Code of Conduct will be interpreted in accordance with state and federal law. In the Student Code of Conduct, unless the context otherwise provides or requires:
“Board” means the Arizona Board of Regents.
“Controlled substance” means a drug or substance whose use, possession, or distribution is controlled under state or federal law.
“Dean of Students” means the administrative officer bearing this or similar title and includes his/her designee.
“Distribution” means sale, exchange, transfer, delivery, or gift.
“Endanger” means to bring into danger or peril.
“Fabrication” means falsification or invention of any information or citation.
“Gambling” means any illegal betting, including but not limited to: wagering on or selling pools on any athletic or other event; possessing on one’s person or premises (e.g., room, residence unit, car) or in a computer account or electronic format, any card, book or other device for registering bets; knowingly using or permitting the use of one’s premises or one’s telephone or other electronic communications device for illegal gambling; knowingly receiving or delivering a letter, package or parcel or electronic or telephonic communication related to illegal gambling; offering, soliciting or accepting a bribe to influence the outcome of an athletic event; and involvement in bookmaking or wagering pools with respect to sporting events.
“Hazing” means any activity undertaken or situation created, by any individual, group of individuals or organization, in which individuals are voluntarily or involuntarily subjected to activities that have the potential to harass, intimidate, impart pain, humiliate, invite ridicule or cause undue mental or physical fatigue or distress, or to cause mutilation, laceration, or bodily injury. Hazing includes, but is not limited to, paddling in any form, physical or psychological shocks, late work sessions that interfere with scholastic activities, advocating or promoting alcohol or substance abuse, tests of endurance, submission of members or prospective members to potentially dangerous or hazardous circumstances or activities which have a foreseeable potential for resulting in personal injury, or any activity which by its nature may have a potential to cause mental distress, panic, human degradation, or embarrassment.
“Illegal drug” means any drug whose use, possession or distribution is prohibited or restricted by state or federal law.
“Plagiarism” means representing the words or ideas of another as one’s own.
“President” means the president of the university or his/her designee.
“Stalking” means engaging in a course of conduct that is directed toward another person if that conduct would cause a reasonable person to fear for the person’s safety or the safety of that person’s immediate family member or close acquaintance, and that person in fact fears for their safety or the safety of that person’s immediate family member or close acquaintance.
“Student” means any person who is currently registered or enrolled in one or more classes at the university or in any university-sponsored program or who was enrolled the previous term or who is or was registered for a future term, including a faculty member or other employee so registered or enrolled.
“Student Organization” means an organization composed primarily of students that has been registered or has received recognition according to university policies and procedures or is affiliated with a university department.
“University” means either the University of Arizona, Arizona State University, Northern Arizona University, or any other university campus or division governed by the Arizona Board of Regents.
“University community” means all university students, employees, and guests.
“University property” means all resources, including but not limited to real and personal property, money, and intellectual property owned, operated, controlled or in the possession of the university or the Arizona Board of Regents.
“University-sponsored activity” means any activity on or off campus initiated, approved, or supervised by the university.
"Vice President for Student Affairs" means the administrative officer bearing such title, similar title, or his/her designee.
 “Weapon” refers to any object or substance designed to (or which could be reasonably expected to) inflict a wound, cause injury, incapacitate, or cause death, including, without limitation, all firearms (loaded and unloaded, simulated and real), devices designed to expel a projectile (such as bb guns, air guns, pellet guns, and potato guns), electronic control devices such as tasers or stun guns, swords, knives with blades of 5 inches or longer, martial arts weapons, bows and arrows, and chemicals such as mace, tear gas, or oleoresin capsicum, but excluding normally available over-the-counter self-defense chemical repellents, chemical repellents labeled “for police use only” or “for law enforcement use only” may not be possessed by the general public.

Prohibited Conduct  

  • All forms of student academic dishonesty, including but not limited to, cheating, fabrication, facilitating academic dishonesty, and plagiarism.
  • Endangering, threatening, or causing physical harm to any member of the university community or to oneself, causing reasonable apprehension of such harm or engaging in conduct or communications that a reasonable person would interpret as a serious expression of intent to harm.
  • Violating the terms of any disciplinary sanction imposed for an earlier violation of the Student Code of Conduct or other ABOR or university rules.
  • Violation of, or attempt to violate, other rules that may be adopted by ABOR or by the university.
  • Impersonation of another, using another person’s identity, or furnishing materially false information, including manufacturing or possession of false identification.
  • Initiating, causing, or contributing to any false report, warning, or threat of fire, explosion, or other emergency.
  • Failure to comply with the directions of university officials or agents, including law enforcement or security officers, acting in the good faith performance of their duties. This section is not intended to prohibit the lawful assertion of an individual’s Fifth Amendment right against self-incrimination.
  • Forgery, falsification, fabrication, unauthorized alteration, or misuse of campus documents, records, or identification, including, but not limited to, electronic software and records.
  • Unauthorized presence in or unauthorized use of university property, resources, or facilities.
  • Unauthorized access to, disclosure of, or use of any university document, record, or identification, including but not limited to, electronic software, data, and records.
  • Interfering with or disrupting university or university-sponsored activities, including but not limited to classroom related activities, studying, teaching, research, intellectual or creative endeavor, administration, service or the provision of communication, computing or emergency services.
  • Misrepresenting oneself or an organization as an agent of a university.
  • Possession of property the student knows or has reason to believe may be stolen or misappropriated.
  • Misuse, theft, misappropriation, destruction, damage, or unauthorized use, access, or reproduction of property, data, records, equipment or services belonging to the university or belonging to another person or entity.
  • Violation of ABOR or university rules or applicable laws governing alcohol, including consumption, distribution, unauthorized sale, or possession of alcoholic beverages.
  • Unauthorized use, sale, possession, or distribution of any controlled substance or illegal drug or possession of drug paraphernalia that would violate the law.
  • Off-campus conduct that a reasonable person would believe may present a risk or danger to the health, safety or security of ABOR or university community or to the safety or security of ABOR or university property.
  • Gambling as prohibited by applicable law, university policy, or associated with any university event.
  • Engaging in, supporting, promoting, or sponsoring hazing or violating ABOR or university rules governing hazing.
  • Engaging in harassment or repeated contact that a reasonable person would understand to be unwanted, including, but not limited to, stalking.
  • Engaging in discriminatory activities as prohibited by applicable law or university policy.
  • Interfering with any university disciplinary process, including but not limited to tampering with physical evidence or inducing a witness to provide false information or to withhold information.
  • Engaging in any illegal sexual offense, including but not limited to, sexual assault, public sexual indecency, or indecent exposure.
  • Use, possession, display, or storage of any weapon, dangerous instrument, explosive material or device, fireworks, bomb-making materials or dangerous chemical on university property, at a university sponsored activity or in violation of law or university policy, unless specifically authorized by an Arizona or federal statute governing law enforcement officers or in writing by university officials with the authority to grant such permission. Universities may permit students to possess certain potentially dangerous instruments, and limited quantities of chemicals or other dangerous materials if they are used for academic or other legitimate purposes, if the presence of these items does not present an undue risk to the campus or community, and if the proposed use, possession, display or storage of these items has been expressly approved in writing by an authorized university representative.
  • Photographing, videotaping, filming, digitally recording, or by any other means secretly viewing, with or without a device, another person without that person’s consent in any location where the person has a reasonable expectation of privacy, or in a manner that violates a reasonable expectation of privacy. This section does not apply to lawful security or surveillance filming or recording that is authorized by law enforcement or authorized university officials.
  • Commission of any offense prohibited by state or federal law.

Any attempt to commit or conceal an act of misconduct prohibited by these rules is subject to sanctions to the same extent as completed acts.

Sanctions
The Dean of Students may impose one or more of the following sanctions for any violation of the Student Code of Conduct:

  • Expulsion: Permanent separation of the student from the university. An indication of expulsion may appear on the student’s transcript. The expelled student will not participate in any university-sponsored activity and will be barred from university property.
  • Suspension: Temporary separation of the student from the university for a specified period of time or until specific conditions, if imposed, have been met. An indication of suspension may appear on the student’s transcript. Except where prior approval has been granted by the Dean of Students, a suspended student will not participate in any university-sponsored activity and will be barred from the university campus.
  • Degree Revocation: A university may revoke a degree, certificate or other academic recognition previously awarded by that university to a student. Notice of any degree revocation will appear on the student’s transcript. If the university previously communicated the award of a degree, certificate or other academic recognition to a third party, it may provide notice to that entity of the revocation.
  • Probation: Removal of the student from good disciplinary standing. Additional restrictions or conditions may also be imposed. Probation will last for a stated period of time and until specific conditions, if imposed, have been met. Any violation of these rules, the conditions of probation or other university rules committed during the probationary period will subject the student to further discipline, including suspension or expulsion.
  • Warning: A written statement advising the student that a violation of the Student Code of Conduct has been committed and that further misconduct may result in more severe disciplinary action.
  • Administrative hold: A status documented in the registrar’s official file which precludes the student from registering, from receiving transcripts, or from graduating until clearance has been received from the Dean of Students in accordance with university rules.
  • Restricted access to university property: A student’s access to the university property, including but not limited to research, communication and computing resources, may be restricted for a specified period of time or until certain conditions are met.
  • Organizational sanctions: Sanctions for organizational misconduct may include revocation of the use of university property or privileges for a definite period of time, revocation or denial of recognition or registration, or suspension of social or intramural activities or events, as well as other appropriate sanctions permitted under the Student Code of Conduct or other rules of the university.
  • Program/Support: A student may be required to complete an educational program.
  • Interim action: Suspension of a student for an interim period prior to resolution of the disciplinary proceeding.
  • Classroom conduct: Each university may adopt procedures regarding student conduct that takes place while participating in academic activities. These procedures may outline sanctions including, but not limited to, lower-level warnings, administrative drop from a particular class, or other sanctions as appropriate.
  • Other sanctions permissible under existing university rules.

A student who has been suspended or expelled from one university will be ineligible for re-enrollment or re-admission to any university except as follows:

  • A student who has been suspended at one university will not generally be eligible for admission or re-enrollment at another university until the student has met the conditions for reinstatement at the university which imposed the suspension. The conditions for reinstatement may be waived in whole or in part at the discretion of the Vice-President for Student Affairs at the admitting university.
  • Each university may adopt rules and procedures to consider a request for readmission from a student who has been previously expelled, which shall include criteria to be used in evaluating a request for readmission, and shall provide that a decision to readmit must be approved by the Vice-President for Student Affairs at the admitting university.

Determining What Sanction to Impose
Mitigating and aggravating factors may be considered. Factors to be considered in mitigation or aggravation may include the individual’s prior disciplinary record, the nature of the offense, the severity of any damage, injury or harm resulting from the violation, the payment of restitution to the university or to any victims, or any other factors deemed appropriate under the circumstances, including but not limited to the individual’s participation in an approved counseling program.
Repeated violations of the Student Code of Conduct may result in the imposition of progressively more severe sanctions, although any sanction may be imposed as appropriate under the circumstances.

Enforcement
Student sanctions shall be enforced through use of the student disciplinary procedures adopted by the Board (ABOR Policy 5-401 et seq.).
Sanctions for organizational misconduct shall be enforced through the use of the Student Disciplinary Procedures adopted by the Board (ABOR Policy 5-401 et seq.) or through other procedures established by each university.

Miscellaneous Provisions
The description of prohibited conduct shall be interpreted as broadly as consistent with applicable law.
The Presidents are authorized by the Board to take other actions or to adopt other rules to protect university property and the safety and well-being of members of the university community and the public.

The prior Student Code of Conduct no longer governs conduct by students, except that any pending action or proceeding shall not be affected by this Code and will be subject to the code provisions in effect at the time the action or proceeding was brought.
The Code of Conduct (5-301 through 5-307), remains in effect with regards to students to the extent it is not inconsistent with this policy. If both the Code of Conduct and the Student Code of Conduct address an issue regarding a student, the Student Code of Conduct will govern that issue.

Office of Student Life, Student Rights and Responsibilities
Student Services Building, Arizona State University
480-965-6547     students.asu.edu/srr

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