Code of Conduct

• presenting as their own the ideas or works of others without proper citation of sources;
• utilizing devices not authorized by the faculty member;
• using sources (including but not limited to text, images, computer code, and audio/video files) not authorized by the faculty member;
• providing assistance without the faculty member’s permission to another student, or receiving assistance not authorized by the faculty member from anyone (with or without their knowledge);
• submitting work done for academic credit in previous classes, without the knowledge and advance permission of the current faculty member;
• acting as a substitute or utilizing a substitute;
• deceiving faculty members or other representatives of the university to affect a grade or to gain admission to a program or course;
• fabricating or misrepresenting data;
• possessing, buying, selling, obtaining, or using a copy of any material intended to be used as an instrument of assessment in advance of its administration;
• altering grade records of their own or another student’s work;
• offering a monetary payment or other remuneration in exchange for a grade; or
• violating the ethical guidelines or professional standards of a given program.

Examples include, but are not limited to:

• forgery, falsification, or alteration of records or deliberate misrepresentation of facts on university forms and documents;
• misrepresenting the truth during a university investigation or student conduct proceeding and/or making false statements to any university official, faculty member, or office;
• misuse or unauthorized use of university identification cards, keys, funds, property, equipment, supplies or other resources; such as:
  • possession of fake or altered identification;
  • unauthorized duplication of any university key or key card;
  • lending keys or key cards to individuals not authorized to possess them;
  • misusing university computer resources by intentionally making, receiving, accessing, altering, using, providing or in any way tampering with messages, files, electronic storage devices, programs, passwords or other computer users without their permission (as further defined in Board of Regents’ Policy 02.07); or
  • use or possession of copyrighted material, including, without limitation, software, graphics, text, photographs, sound, video and musical recordings without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.
• falsely representing oneself as an agent of the university, incurring debts or entering into contracts on behalf of the university; or
• unauthorized entry into, presence on, or use of property which has not been reserved or accessed through appropriate university officials.

Examples include, but are not limited to:

• damage or destruction to property owned or controlled by the university; or
• damage or destruction of property not owned or controlled by the university if:
  • the action occurred during an event sponsored or authorized by the university;
  • the student was a representative of the university, such as an athlete, student government representative or club member, and the action occurred while traveling to or from an event sponsored or authorized by the university; or
  • the property not owned or controlled by the university was located on university property.

Examples include, but are not limited to:

• theft or unauthorized possession or removal of university property;
• theft or unauthorized use of university services or unauthorized presence at university activities without appropriate payment for admission; or
• theft of property or services not owned or controlled by the university if:
  • the action occurred during an event sponsored or authorized by the university;
  • the student was a representative of the university, such as an athlete, student government representative or club member and the action occurred while traveling to or from an event sponsored or authorized by the university; or
  • the property not owned or controlled by the university was located on university property.

Harassment is defined as behavior that is severe, pervasive or persistent to a degree that a reasonable person similarly situated would be prevented from fully accessing educational benefits, university services, or others. Harassment is also defined as behavior that limits the ability of university employees to conduct business. This behavior includes, but is not limited to, verbal abuse, threats, intimidation, and coercion (that is not speech or conduct otherwise protected by the First Amendment). In addition, harassment may be conducted in a variety of mediums, including, but not limited to, physical, verbal, graphic, written, or electronic.

Examples include, but are not limited to:

• threats, defined as written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property;
• intimidation, defined as implied threats or acts that cause reasonable fear of harm in another;
• bullying, defined as repeated, unreasonable actions directed towards an individual (or a group) resulting in intimidating, degrading, humiliating, or undermining behavior that creates a risk to the health or safety of individuals;
• cyberbullying, defined as repeated, unreasonable actions using electronic communications that are directed towards an individual (or a group) resulting in intimidating, degrading, humiliating, or undermining behavior that es a risk to the health or safety of individuals; or
• stalking, defined as repetitive and/or menacing pursuit, following, or interference with the peace and/or safety of an individual(s).

Discrimination is defined as being adversely treated or affected, either intentionally or unintentionally, in a manner that unlawfully differentiates or makes distinctions on the basis of the individual’s legally protected status. Illegal discrimination against any individual because of race, color, religion, national origin, age, sex, sexual orientation, veteran status, physical or mental disability, marital status, pregnancy, or parenthood is prohibited (as further defined Regents’ Policy P01.02.020 and P04.02.020 and University Regulation R04.02.020).

Hazing is defined as an act(s) considered by a reasonable person to cause physical or psychological harm or social ostracism to any person within the university community, when related to the admission, pledging, recruiting, joining, or continuing participation, in any group-affiliated activity. It is not a defense that the person, group, or organization against whom the physical abuse was directed consented or acquiesced to the physical abuse.

Endangerment, assault, or infliction of physical harm is defined as conduct which threatens the health and safety of another person, or conduct which threatens or causes physical harm to another person, or threatening or causing physical harm to another person.

Examples include, but are not limited to:

• physical abuse, defined as threatening or causing injury or physical pain to another person, or threatening or causing physical contact with another person when the person knows or should reasonably have known that the other person(s) will regard the contact as offensive or provocative;
• relationship violence, defined as violence or abuse by a person on another person with whom they are engaged in an intimate relationship. An intimate relationship is defined as a relationship related to marriage, cohabitation, dating or within a family and can occur in opposite-sex and same-sex relationships, regardless of whether it is a current or past relationship. Examples of relationship violence include but are not limited to:
  • domestic violence: a pattern of coercive, controlling behavior in which one intimate partner uses physical violence, coercion, threats, intimidation and emotional, sexual, psychological, digital or economic abuse to control and change the behavior of the other partner; or
  • dating violence: behavior(s) used to exert power and control over a dating partner. Examples of power and control may come in the form of emotional, verbal, financial, physical, sexual or digital abuse.
• dangerous behaviors, defined as actions that pose a risk of physical harm to another, which cause reasonable apprehension of physical harm, and/or create hazardous conditions; or
• acts that jeopardize the safety or security of the university, the university community, or any university facilities, buildings, or premises, including but not limited to:
  • starting a fire or creating a fire hazard on university property without university authorization;
  • tampering with, damaging, disabling or misusing fire safety equipment including fire extinguishers, fire sprinklers, fire hoses, fire alarms, and fire doors;
  • misuse of medical equipment such as automated external defibrillators; or
  • disabling safety equipment such as security cameras, door locks, key card readers, and alarms.

Sexual Misconduct Terminology:

• Consent: Consent is clear, knowing and voluntary, and can be withdrawn at any time. Consent is active, not passive and cannot be given while an individual is incapacitated. Past consent does not imply future consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent cannot be given by individuals who are not of age to give legal consent. Silence, or an absence of resistance, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.
• Incapacitation: Incapacitation is when individuals are in a state or condition in which they are unable to make sound decisions. This can be due to sleep, age, unconsciousness, alcohol, drug use or mental and/or other disability. For example, someone who is not of legal age or ability or someone who is unable to articulate what, how, when, where, and/or with whom they desire a sexual act to take place is incapacitated.
• Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce unwilling consent. Force invalidates consent.
• Coercion: Coercion is unreasonable pressure for any sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion invalidates consent.
• Sexual Contact: Sexual contact includes intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch themselves with or on any of these body parts; or any other intentional bodily contact of a sexual nature.
• Sexual Intercourse: Sexual intercourse includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Examples include, but are not limited to:

• sexual harassment, defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature where:
  • submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or education;
  • submission to or rejection of such conduct by an individual is used as the basis for retaliation, or for other employment or academic decisions affecting that individual; or
  • such conduct has the purpose or necessary effect of unreasonably interfering with an individual’s work or creating a hostile, intimidating, or offensive working, living or learning environment; and
    • such conduct is known by the offender to be unwelcome, harmful or offensive; or
    • a person of average sensibilities would clearly understand the behavior or conduct is unwelcome, harmful, or offensive.
• non-consensual sexual contact, defined as any intentional sexual touching, however slight, with any object, by one person upon another person, that is without consent;
• non-consensual sexual intercourse, defined as any sexual intercourse however slight, with any object, by one person upon another person, that is without consent and/or by force;
• sexual exploitation, defined as occurring when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited (and that behavior does not otherwise constitute one of the other gender-based or sexual misconduct offenses), including but not limited to:
  • invasion of sexual privacy, such as prostituting another person, non-consensual video or audio-taping of sexual activity, going beyond the boundaries of consent (such as secretly letting others watch consensual sex), engaging in voyeurism;
  • knowingly transmitting an STI or HIV to another student
  • exposing one’s genitals for the purposes of sexual gratification;
  • inducing another to expose their genitals; or
  • sexually-based stalking and/or bullying.
• other misconduct offenses, such as threats, intimidation, bullying, cyber-bullying, stalking, discrimination, or relationship violence, when the offenses are sex- or gender-based.

Examples include, but are not limited to:

• obstructing or disrupting teaching, research, administration, disciplinary proceedings, or other activities authorized by the university;
  • behavior in a classroom, e-Learning environment or instructional program that unreasonably interferes with the instructor or presenter’s ability to conduct the class or program, or the ability of others to benefit from the class or program;
  • any behavior in class or out of class, which for any reason, unreasonably interferes with the class work of others, involves disorder, or otherwise disrupts the regular and essential operation of the university;
  • non-compliance with reasonable time, place, or manner restrictions on expression; or
  • leading or inciting others to disrupt scheduled and/or normal activities on university premises.
• interfering with the freedom of movement of any member or guest of the university to enter, use or leave any university facility, service or activity; or
• disorderly conduct, including but not limited to, lewd or indecent behavior or conduct that disturbs the peace.

Examples include, but are not limited to:

• noncompliance with accepted animal research procedures, regulations or guidelines set forth by institutional, local, state or federal policies; or
• taunting or physically harassing wildlife or otherwise creating an unsafe or hazardous environment involving wildlife on property owned or controlled by the university.

Examples include, but are not limited to: unauthorized use, possession, or sale of these items in violation of law, Regents’ Policy, University Regulation, or MAU rules and procedures. See Regents’ Policy and University Regulation on Possession of Weapons, currently 02.09.020.

Examples include, but are not limited to:

• failure to comply with the directions of law enforcement officers or university officials acting in the performance of their duties;
• failure to identify oneself to university officials when requested; or
• failure to comply with disciplinary sanctions imposed by the university.

Examples include, but are not limited to:

• use, possession, manufacture, or distribution of alcoholic beverages in violation of local, state or federal law, Regents’ Policy, University Regulation, or MAU rules and procedures.; or
• engaging in any other category of prohibited conduct while under the influence of alcohol may constitute a violation of this category.

Examples include, but are not limited to:

• use, possession, manufacture, distribution, or being under the influence of illegal drugs or other controlled substances in violation of local, state or federal law, Regents’ Policy, University Regulation or MAU rules and procedures;
• abuse or misuse of prescription or over-the-counter medications, other chemical substances or other intoxicants;
• engaging in any other category of prohibited conduct while under the influence of legal drugs or other intoxicants may constitute a violation of this category; or
• use, possession, manufacture, distribution, or being under the influence of designer drugs.

Any violation of Regents’ Policy, university regulations or other university policies, procedures, or rules published in hard copy or online or that are otherwise communicated to students verbally or in writing is considered a violation of this category of the Student Code of Conduct.

Examples of such policies, procedures, rules or regulations include, but are not limited to, those described in:

• student handbooks;
• residence life handbooks;
• dining hall policies;
• housing agreements;
• course syllabi; or
• classroom rules.