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Type: University Policy
Division: Student Affairs
Classification: ACADEMIC & STUDENT AFFAIRS

Contact Phone Number: 503-838-8930
Contact Email Address: judicial@wou.edu

TITLE
Specific Standards and Policies
POLICY NUMBER
ASA-04-086
RESPONSIBLE OFFICER UNIVERSITY CONTACT
Vice President for Student Affairs Office of Student Conduct
SUMMARY
APPLICABLE TO
Faculty, Staff and Students
DEFINITIONS
AUTHORITY
FULL STATEMENT OF AUTHORITY

POLICY STATEMENT

The following list of prohibited forms of conduct is not all inclusive since it is not possible to list all potential violations. The University requires that all Students behave in a manner congruent with established community standards and in a manner conducive to the development of the individual. Actions detrimental to the mission of the University and the legitimate activities of the academic community which constitute the University are in violation of this Code and may be subject to Adjudication.Adjudication may be initiated by the University and educational or punitive sanctions may be assigned to any Student or Recognized Student Organization found participating in, attempting to participate in, or assisting others in participating in any of the following prohibited forms of conduct: 

(1) Academic Misconduct. Acts of academic misconduct which includes but is not limited to: 

(a) Cheating — intentional use, or attempted use of artifice, deception, fraud, or misrepresentation in completing, submitting, or recording one's academic work; 

(b) Fabrication — unauthorized falsification or invention of any information or citation in any academic exercise; 

(c) Facilitating dishonesty — helping or attempting to help another person commit an act of academic misconduct. This includes Students who substitute for other persons in examinations, fake other person’s attendance, or allow another person to copy work or represent as the Student’s own papers, reports, or any other academic work the work of others; 

(d) Plagiarism — representing without giving credit the words, data, or ideas of another person as one's own work in any academic exercise. This includes submitting, in whole or in part, prewritten term papers of another or the research of another, including but not limited to the product of commercial vendors who sell or distribute such materials, and the appropriation or use of electronic data of another person or persons as one's own, or using such data without giving proper credit for it; 

(e) Any use or attempted use of electronic devices in gaining an illegal advantage in academic work in which the use of these devices is prohibited. Such devices include but are not limited to cell phones, smart phones, Personal Digital Assistants, electronic tablets, laptops, programmable calculators, USB flash drives or other removable memory devices, etc.; or 

(f) Engaging in any behavior specifically prohibited by a Faculty or Staff member in the course syllabus or class discussion. 

(2) Alcohol. 

(a) Possession, consumption, distribution, or sale of alcoholic beverages on University owned or controlled property with the exception of approved events that follow the President’s policy on use of alcohol at WOU functions. 

(b) Possession, consumption, sale, or distribution of alcoholic beverages during the official portion of a University Sponsored On- or Off-Campus Event as defined by the Faculty or Staff advisor. 

(3) Computer/Network Resources Misuse. Use of Campus computers or network resources that includes, but is not limited to: 

(a) Unauthorized access to programs; 

(b) Alteration of computer records or data; 

(c) Theft or other abuse of computer time or overloading computing resources; 

(d) Violation of copyright laws; 

(e) Using a computer account not issued directly to the Student; 

(f) Sending or posting threatening or harassing statements as described in 574-031-003-08; 

(g) Any violation of the Acceptable Use of Computing Resources Policy; or 

(h) Unauthorized transfer of a file. 

(4) Controlled Substances. 

(a) Possession, consumption, manufacture, distribution, or sale of illegal drugs or any other controlled substance on- or off- University owned or controlled property. 

(b) Possession, consumption, sale, or distribution of illegal drugs during the official portion of a University Sponsored On- or Off-Campus Event as defined by the Faculty or Staff advisor. 

(5) Disorderly Conduct. 

(a) Disorderly, lewd, indecent, or any other form of conduct which interferes with but is not limited to: 

(A) The academic program of the University; 

(B) The health and safety of self or others; 

(C) The security of University owned or controlled property; 

(D) The conduct of non-classroom activities (e.g. lectures, concerts, athletic events, and social functions); 

(E) The functions of the University; or 

(F) Any other University activity or University sponsored activity or event. 

(b) Unreasonable noise or conduct that results in unreasonable annoyance (i.e. yelling while walking through Campus or a community neighborhood at 2am). 

(c) Any unauthorized use of electronics or other devices to make an audio or video record of any person while on the Campus without the person’s prior knowledge or without the person’s effective consent when the recording is likely to cause injury or distress. 

(6) Failure to Comply. 

(a) Refusal to comply with a reasonable request of law enforcement or other authorities. 

(b) Refusal while on University owned or controlled property, or at University Sponsored On- or Off-Campus Events, to comply with reasonable requests or directions from authorized University officials, including public safety officers, residence hall staff, Faculty, Administration or Staff person. 

(7) Fire and Life Safety. 

(a) Tampering with fire safety equipment, generating a false alarm, or engaging in behavior that constitutes a fire or safety hazard. 

(b) Failure to evacuate a University building after a fire alarm has sounded or other notice to evacuate has been given by a person authorized to give such notice. 

(8) Harassment, Discrimination, Bullying or Stalking Behavior. Harassment, which includes but is not limited to: 

(a) Physical contact with or physical interference with a person which: 

(A) Is objectively offensive; 

(B) Causes pain; 

(C) Prevents or disrupts the person from any lawful chosen activity; 

(D) Puts the person in fear for safety; or 

(E) Causes damage to person or property. 

(b) Conduct without physical contact or physical interference with a person, including but not limited to harassing, bullying or threatening behavior, including verbal communication, which is intended to and has the effect of: 

(A) Substantially disrupting another person's lawful activity; 

(B) Causing another person to be subject to unwelcome or offensive physical contact; 

(C) Causing personal injury or property damage or risk of personal injury or property damage; 

(D) Causing another person to be subject to unwelcome and objectively unreasonable interference with mental and emotional health; 

(E) Putting the person in fear for safety; or 

(F) Harassing or bullying another person based on their actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion. 

(c) Repeatedly contacting another person when: 

(A) The contacting person knows or should know that the contact is unwanted by the contacted person; and 

(B) The contact causes the contacted person reasonable apprehension of imminent physical harm or the contacting person knows or should know that the contact causes the contacted person mental anguish or distress or substantial impairment of the contacted person's ability to perform the activities of daily life. As used in this context, "contacting" includes but is not limited to communicating with or remaining in the physical presence of the contacted person. 

(d) Stalking another person which includes but is not limited to: 

(A) Following or lying in wait for the Victim, the Victim’s relatives, friends or pets; 

(B) Repeated unwanted, intrusive and frightening contact from the perpetrator by phone, mail, electronically or otherwise; 

(C) Damaging the Victim’s property; 

(D) Making indirect or direct threats to harm the Victim, the Victim’s relatives, friends or pets; 

(E) Repeatedly sending the Victim unwanted gifts; 

(F) Harassment through the internet, known as “cyberstalking,” “online stalking,” or “internet stalking”; or 

(G) Securing and accumulating personal information about the Victim by accessing public records, using internet search devices, hiring private investigators, contacting friends, family, work, or neighbors, going through the Victim’s garbage, etc. 

It is a defense to any charge of harassment if the alleged harassing conduct is not objectively unreasonable. 

(9) Hazing. Hazing is defined as any initiation rite for the purpose of admission into, affiliation with, or as a condition for continued membership in a group or organization. The act of hazing, whether on- or off- Campus, involves any intentional action or situation that a reasonable person would foresee as causing mental or physical discomfort, embarrassment, or ridicule; or which destroys or removes public or private property. Activities and situations that may occur as part of hazing include, but are not limited to: 

(a) Physical abuse, pain, harm, or risk; 

(b) Mental anguish, fear or anxiety; 

(c) Required performance of activities (e.g., pranks, servitude, physical contests); 

(d) Compelled ingestion of any substance; 

(e) Any form of confinement or restraint; or 

(f) Other activities which violate federal, state or local laws. It is not a defense to a charge of hazing if the Victim(s) of the hazing acknowledges or implies consent, or acquiesces to the hazing. 

(10) Inciting or Provoking Others. 

(a) Inciting others to engage in any University prohibited forms of conduct. Inciting means the advocacy of proscribed conduct which calls upon the person or persons addressed for imminent actions, and is coupled with a reasonable apprehension of imminent danger to the functions and purposes of the University, including the safety of its Students, Faculty, Administration or Staff Person, and the protection of its property. 

(b) Specifically insulting another person in that person’s immediate presence with abusive words or gestures in a manner intended and likely to provoke a disorderly or violent response, whether or not it actually does. 

(11) Interference or Contempt of Adjudicative Proceedings. Includes but is not limited to: 

(a) Conduct that interrupts the due course of proceedings in the presence of any hearing body created under this Code; 

(b) Violating the confidentiality of Adjudication proceedings administered under this Code; 

(c) Knowingly giving false information at a hearing or knowingly giving false information in a statement to be used as evidence at a hearing, or knowingly giving false information to a Campus hearing officer; 

(d) Failure by a Witness to appear at a conduct hearing when requested to do so by a representative of the Campus Student Conduct Program; 

(e) Knowingly and falsely initiating the Adjudication process, for instance, by filing a false complaint or report; 

(f) Influencing or attempting to influence the impartiality of a member of a Campus Student Conduct hearing committee or a hearing officer or a Witness; 

(g) Harassment of a member of a Campus Student Conduct hearing committee or hearing officer prior to, during, or after an Adjudication; or 

(h) Failure to comply with the terms of any sanction imposed in accordance with the Code or mandated by the University Housing Student Conduct Board. 

(12) Misrepresentation of Matters of Fact. 

(a) Knowingly furnishing false information to an authorized University official who is making an inquiry to carry out official University business; 

(b) Representing oneself as another person, including a University official, with or without that person's permission to gain a benefit improperly; 

(c) Altering, forging, improperly possessing, creating, distributing, or lending to another person a University identification card or instrument of identification unless authorized by the University or an authorized University official; 

(d) Intentionally furnishing false academic information or concealing previous academic information in University application materials, assisting someone else in furnishing false information to the University, or using University documents for fraudulent purposes; 

(e) Providing forged, false or improper documents to the University; or 

(f) Recognized Student Organizations representing themselves or an individual in the group representing themselves as acting for or on behalf of the University in any commercial enterprise or in the solicitation or collection of funds for any purpose whatsoever without approval in advance by the appropriate University official or agency. This applies to all means of communication (e.g., verbal, written, electronic). 

(13) Obstruction, Disruption or Interference. 

(a) Obstruction or disruption of teaching, research, administration, Adjudication procedures, or other University activities, including the University's public service functions, other authorized activities, or University Sponsored On- or Off-Campus Events. 

(b) Disruption of Campus activities or the functions of the University. 

(c) Obstruction or disruption which interferes with the freedom of movement, either pedestrian or vehicular, on University owned or controlled property. 

(14) Publications and Media. Publication, posting, or distribution on University property, or at authorized University activities, of material that violates copyright laws, postal regulations, University policies or rules, or any other law or statute. 

(15) Sexual Misconduct. 

(a) Sexual Misconduct is non-consensual sexual contact of any kind, the attempt to have non-consensual sexual contact or the threat of such contact. Sexual contact shall be considered non-consensual if no clear consent is freely given. 

(A) Sexual contact includes but is not limited to touching of the genitalia, anus, buttocks, breast or mouth, as well as, any contact for the purpose of sexual gratification. 

(B) Sexual behavior includes but is not limited to any action, short of sexual contact, done for the purposes of sexual gratification, and may include but is not limited to voyeurism, exposing, masturbation, frottage, and audio/video recording. 

(C) Force includes but is not limited to physical force, violence, abuse, threat of force (direct or implied), intimidation, extortion, harassment, coercion, fraud, duress or pressure. 

(D) Sexual exploitation occurs when a person takes non-consensual, unjust or abusive advantage of another in a sexual or intimate context, for their own advantage or benefit, or to the benefit or advantage of anyone other than the one being exploited, and that behavior does not otherwise constitute non-consensual sexual misconduct. Sexual exploitation includes permitting or facilitating non-consensual viewing, taking of photographs, videotaping, or audio taping of sexual or intimate activity, knowingly infecting another person with HIV or any sexually transmitted infection, inducing incapacitation of another person with the intent to facilitate sexual misconduct against that person, or compelling prostitution. 

(b) Sexual Harassment, whether or not it be by direct physical attack as defined below. Sexual harassment includes, but is not limited to, sexual advances, requests or suggestions to engage in sexual conduct, and other physical and expressive behavior of a sexual nature when: 

(A) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education; 

(B) Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; or 

(C) Such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or creates an intimidating or hostile employment, educational, or living environment. 

(c) The following definitions will apply to sexual misconduct: 

(A) Non-consensual is the absence of shared sexual permission Shared sexual permission is clear, voluntary, non-coerced and clearly indicates a willingness to participate in sexual contact/behavior, whether through affirmative verbal response or non-verbal communication unmistakable in meaning and given by an adult (age 18 or older). Shared sexual permission to one form of sexual contact/behavior does not operate as permission to any other form of sexual contact/behavior or reoccurrence of the same form of sexual contact/behavior. 

(B) Incapacitation is a mental or physical condition that renders a person unable to grant consent. Incapacitation may be a state or condition resulting from the use of alcohol or other drugs, lack of sleep, sleep, and unconsciousness. Incapacitation may also be the result of a cognitive impairment, such as a developmental disability, brain injury, or mental illness. 

(16) Threatening or Abusive Behavior. 

(a) Detention of any person. 

(b) Conduct which threatens imminent bodily harm or endangers the physical or emotional health of any person or oneself. 

(c) Physical or emotional abuse of any person. 

(17) Vandalism/Theft/Unauthorized Use of Property. 

(a) Malicious damage, misuse, or theft of University property, or the property of any person where such property is located on University owned or controlled property, or, regardless of location, is in the care, custody or control of the University. 

(b) Theft of property or services, or knowingly possessing or using stolen property or services including, but not limited to, furniture, equipment, University publications or any other form of media, and any other University owned property or services. 

(c) Unauthorized entry to or use of University facilities, including buildings and grounds (including, but not limited to, non-residential Students gaining access to overnight accommodations in University Housing without permission; Students accessing the Health and Wellness Center without proper identification or payment, etc). 

(d) Failure by a person causing accidental damage to or removal of property to report to appropriate University Staff or the individual owner within a reasonable period of time following the accidental damage to or removal of University or personal property. 

(18) Violation of Policies, Standards and Laws. 

(a) Violation of published University policies, rules, or regulations. 

(b) Violation of residence hall rules and procedures as listed in official residence hall publications. 

(c) Violation of Oregon University System Higher Education policies. 

(d) Violation of federal, state, or local law. 

(e) Violation of motor vehicle rules and regulations, or other policies adopted by the University or the State Board of Higher Education pertaining to the use of motor vehicles. 

(19) Dangerous Weapons and Destructive Chemical or Incendiary Devices. Possession or use of fireworks, explosives, dangerous chemicals, or other weapons or dangerous instruments on University owned or controlled property.

REFERENCED OR RELATED POLICIES
RELEVANT DOCUMENTS AND LINKS
HISTORY
APPROVAL DATE:
EFFECTIVE DATE:
LAST UPDATED: 08/11/2016

HISTORICAL DETAIL NOTES:

This policy previously was an Oregon Administrative rule.



SOURCE:    Previously Referred to as: WOU OAR 574-031-0030
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misconduct, violations

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