D. Respect (Social Policies)

Respecting the dignity of every person is essential for creating and sustaining a flourishing university community. It involves understanding and appreciating how decisions and actions impact others, treating all members of the community justly and equitably, and acting to discourage and challenge those whose actions may be harmful to and/or diminish the worth of others. Conduct that violates this value includes but is not limited to:

16 Bias-related Conduct

Conduct directed toward a person, or persons, that is intimidating or hostile in nature based on actual or perceived age, race, color, creed, religion, sex, national or ethnic origin, disability, sexual orientation, gender identity, or veteran’s status. Bias-related conduct may be in verbal, written, electronic, online, graphic, or physical form.

The determination as to whether this policy has been violated takes into account the totality of the circumstances. This policy is not intended to undercut the free exchange of ideas even on sensitive topics, but rather to prohibit personal threats and hostile conduct motivated by bias.

Sanctions

First Offense – normally, not less than educational and/or restorative program or project; disciplinary probation, with possible permanent separation from the university; possible loss of social and/or housing privileges.
Second Offense – normally, not less than educational and/or restorative program or project; suspension in abeyance, with possible permanent separation from the university; possible loss of social and/or housing privileges.

17 Bullying

Any on-going behavior directed at or about a student that is degrading, humiliating, malicious or defamatory. Behaviors may occur in person, in print, via electronic means or through social networking (cyber-bullying). Examples include, but are not limited to: ongoing pranks or ridicule directed against an individual, graffiti, posting insults against a student in a public setting or on any website.

Sanctions

First Offense – normally, not less than disciplinary probation with possible disciplinary suspension, educational and/or restorative program or project; counseling assessment, and compliance with recommendations
Second Offense – normally, not less than disciplinary suspension with possible permanent separation; educational program or project; counseling assessment and compliance with recommendations.

18 Discrimination

Conduct which is discriminatory and an individual suffers an adverse academic, employment, or educational opportunity on the basis of a person’s actual or perceived race, color, gender, national or ethnic origin, age, religion, creed, disability, veteran’s status, sexual orientation, gender identity or gender expression.

Sanctions

Individuals – normally, not less than disciplinary probation with possible permanent separation; educational and/or restorative program or project; and campus restitution hours.
Organizations – normally, not less than loss of campus housing and suspension of official university recognition for one academic year with possible permanent removal of official university recognition.

19 Fighting or Acts of Physical Aggression

An encounter with blows or other personal violations between two or more persons. This includes but is not limited to actual or attempted pushing, hitting, kicking, spitting, wrestling, pulling hair, etc.

Sanctions
First Offense – normally, not less than disciplinary probation with possible disciplinary suspension; $100 fine, 25 campus restitution hours, counseling assessment and compliance with recommendations, and a restorative and/or educational program.
Second Offense – normally, not less than disciplinary suspension with possible permanent separation; $200 fine, 50 campus restitution hours, and counseling assessment and compliance with recommendations.

20 Harassment

Conduct (including verbal, written, visual, or physical conduct) that denigrates or shows hostility against an individual/group/entity when such conduct has the purpose or effect of:

unreasonably interfering with an individual’s work or academic performance, or
creating an intimidating, hostile, humiliating, or offensive working, living or learning environment.

Offenses that occur in a classroom may result in temporary or permanent suspension from a class, pending the outcome of a hearing.

Sanctions

First Offense – normally, not less than disciplinary probation with possible permanent separation; 25 campus restitution hours, educational and/or restorative program or project, and counseling assessment with compliance with recommendations. Temporary or permanent suspension from a class may result when the offense occurs in a class or is class-related.
Second Offense – normally, not less than disciplinary suspension with possible permanent separation. Temporary or permanent suspension from a class may result when the offense occurs in a class or is class-related.

21 Hazing

Any activity expected of someone who is joining a group (or who is trying to maintain full status in a group) that humiliates, degrades, or risks harming that person emotionally or physically, regardless of the person’s willingness to participate. Examples include but are not limited to:

Subtle hazing – behaviors that are based on a power imbalance between current and new members; may involve activities that ridicule, embarrass or humiliate.
Harassment hazing – behaviors that cause emotional distress, mental anguish, or physical discomfort in order to feel like a part of the group; or confuses, frustrates, and causes undue stress for new members/rookies.
Violent hazing – behaviors that have the potential to cause physical and/or emotional or psychological harm.

Sanctions

Individuals – normally, not less than disciplinary probation with possible permanent separation; educational and/or restorative program or project, counseling assessment and compliance with recommendations, and campus restitution hours.
Organizations – normally, not less than disciplinary probation with possible suspension of official university recognition; educational/change program or project, and restorative program or project.

22 Retaliation

Any threatening or harassing behavior directed against another individual or entity who has, in good-faith, reported a potential violation of university policy or the law; or against an individual or entity involved in the student conduct or legal process (witnesses, student conduct advisors, etc.).

Sanctions
First Offense – normally, not less than suspension in abeyance with possible permanent separation; educational and/or restorative program or project, counseling assessment and compliance with recommendations, loss of university housing.
Second Offense – normally, not less than disciplinary suspension and possible permanent separation.

23.1 Sexual Misconduct: Domestic/Dating Abusive Behavior

Any abusive behavior that is used by one person to gain power and control over a current or former intimate partner. The unacceptable behavior can be physical (including but not limited to striking, shoving, kicking, punching, strangling, restraining, etc.), sexual (including but not limited to rape, sexual assault, etc.), emotional (including but not limited to isolation from friends and family, verbal abuse, etc.), and psychological (including but not limited to threats of harm to victim/survivor or self, a third party, pets, or property, humiliation and degradation, harassment, etc.). This policy applies to opposite or same sex partners and is considered a Title IX or sexual misconduct violation. (Evidence of reasonable self-defense may be considered for determining responsibility/sanctions.)

Second Offense – normally, not less than disciplinary suspension and possible permanent separation.

23.2 Sexual Misconduct: Indecent Exposure

Deliberate exposure of one’s intimate body parts; the display of sexual behavior.

Sanctions
First Offense – normally, not less than suspension in abeyance with possible permanent separation; 15 campus restitution hours, education and/or restorative program or project, counseling assessment and compliance with recommendations.
Second Offense – normally, not less than disciplinary suspension and possible permanent separation; counseling assessment and compliance with recommendations, and a restorative and/or educational program.

23.3 Sexual Misconduct: Non-Consensual Sexual Contact

Any attempted or actual sexual touching directed against another person by a student in the direct absence of effective, mutually understandable consent. The use of force, perceived force, or threats to coerce a person into performing sexual acts against their will, or any groping, touching, or fondling of another against their will or where the victim does not or is incapable of giving consent. Examples of sexual acts include but are not limited to contact with breasts, buttocks, groin, genitals, or mouth.

Sanctions
First Offense – normally, not less than suspension in abeyance with possible permanent separation; counseling assessment and compliance with recommendations, and a restorative and/or educational program.
Second Offense – normally, not less than disciplinary suspension and possible permanent separation; counseling assessment and compliance with recommendations, and a restorative and/or educational program.

23.4 Sexual Misconduct: Non-Consensual Sexual Intercourse

Any sexual penetration (anal, oral, or vaginal), however slight, with any body part or object by any person upon any other person without consent. The use of force, perceived force, or threats to coerce a person into acts involving penetration against their will, or not forcibly or against that person’s will where the victim is incapable of giving consent because of their temporary or permanent mental or physical incapacity.

Sanctions
First Offense – normally, not less than disciplinary suspension with possible permanent separation; counseling assessment and compliance with recommendations, and a restorative and/or educational program.
Second Offense – normally, not less than disciplinary suspension and possible permanent separation.

23.5 Sexual Misconduct: Sexual Exploitation

Taking sexual advantage of another person without effective consent. Examples include but are not limited to causing incapacitation of another person for a sexual purpose; causing the prostitution of another person; recording, photographing, or transmitting intimate or sexual utterances, sounds, or images of another person; allowing third parties to observe sexual activity; engaging in voyeurism, trespassing, spying, or eavesdropping for sexual arousal; distributing intimate or sexual information/images of another person; and/or knowingly exposing another person to a sexually transmitted infection.

23.6 Sexual Misconduct: Sexual Harassment

Sexual harassment is a particular type of harassment and is a form of prohibited sex discrimination. Sexual harassment generally may be described to include, but is not limited to, unwelcome sexual advances, requests for sexual favors, or other physical and expressive behavior of a sexual nature when:

Submission to or rejection of such conduct is made either explicitly or implicitly a term of or a condition of education, employment, or participating in university activities;
Submission to or rejection of such conduct by an individual is or could be used as the basis for evaluation in making academic or personal decisions affecting that individual; or
Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance, or creating an intimidating, hostile or offensive working, living or learning environment.

Sanctions
First Offense – normally, not less than disciplinary probation with possible permanent separation; counseling assessment and compliance with recommendations, and a restorative and/or educational program.
Second Offense – normally, not less than disciplinary suspension and possible permanent separation; counseling assessment and compliance with recommendations, and a restorative and/or educational program.

24 Stalking/Invasion of Privacy

Behavior directed against another person that violates reasonable expectations of personal privacy and/or privacy of personal information; behavior which the student knows or should know is unwelcome; or behavior which would cause a reasonable person to feel fear or anxiety. This includes actions or contact through a third party. Examples include but are not limited to: repeatedly contacting or following a person; use of electronic devices or software to obtain or attempt to obtain private data; entering or opening a student’s private property without express consent; use of another person’s password or ID to attempt to gain access to personal information. (When acts are based on sex or gender, this may also be considered a Title IX or sexual misconduct violation.)

Sanctions

First Offense – normally, not less than suspension in abeyance with possible permanent separation; counseling assessment with compliance with recommendations, educational and/or restorative program or project, and loss of incident-related privileges.
Second Offense – normally, not less than disciplinary suspension and possible permanent separation.

25 Threatening Behaviors

Any (direct, indirect, conditional or veiled) expression of intent to cause physical or mental harm. Any communication of a threat is presumed to constitute a statement of intent without regard to whether the student communicating the threat has the present or future ability to carry it out.

Sanctions

Up one level

Section 5: Code of conduct