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Part 6. Student Affairs
Section X. Student Code of Conduct, Rights, Responsibilities and Judicial Structure
B. Student Code of Conduct
While enrolled at the University, students are subject to delegated University authority. The Dean of Student Affairs shall designate the Judicial Officer. The Judicial Officer and Judicial Board are responsible for the discipline of students and may, through the disciplinary procedures specified herein, impose sanctions for violations of the Student Code of Conduct, Rights, Responsibilities and Judicial Structure, including those instances where a case or cases may be pending, in process or determined in the civil or criminal courts.
1. Academic Dishonesty
Dishonest conduct is unacceptable. In cases of academic dishonesty, such as cheating or plagiarism, students will be dismissed from class, given failing grades or otherwise disciplined by the instructor. Before students are allowed to repeat the course, they must submit a petition to, and obtain approval from, the Scholarship Requirements Committee or the designated official of the college having jurisdiction over the course. Instructors are responsible for the disposition of cases involving academic dishonesty which occur in their classes, except when a case involves additional violation of University policies. Such other violations may be resolved under the Student Code of Conduct, Rights, Responsibilities and Judicial Structure or other applicable procedures. (See The Idaho State University Faculty and Staff Handbook, Vol. 3, Part 6, Sec. IX-A, page 1 for definitions of cheating and plagiarism.)
2. Disruptive Behavior in the Classroom
The classroom is a center for study and understanding of the subject matter for which the instructor has professional responsibility and institutional accountability. Control of the order and direction of a class, as well as the scope and treatment of the subject matter, rests with the individual instructor, free from distraction or disruption by students or others who may be in disagreement. Disruption of the classroom is forbidden. Each student has the obligation to respect the rights of others in the maintenance of classroom order and in the observance of courtesy. The instructor has the right to remove a student from the course or give a reduced grade in cases of disruptive classroom behavior. In the event that a student is removed from a class for disruptive behavior, the student may appeal to the dean of the college having jurisdiction over the course. The decision of the dean is final. (See The Idaho State University Faculty and Staff Handbook, Part 6, Sec. IX-D, for further information and definitions.)
3. Student Conduct Violations
Students must keep in mind that the University desires a secure and productive atmosphere for learning. Therefore, any behavior which disrupts the exercise of that right by other members of the University community is subject to appropriate disciplinary action and sanction under this code. The following sections list some specific acts which are offenses under this Student Code of Conduct, Rights, Responsibilities and Judicial Structure:
a. Under the general heading of dishonesty, the following are specifically prohibited:
(1) Falsification of documents:
This includes forgery, unauthorized alteration, or knowingly furnishing incorrect information or misrepresenting facts on an application for entrance, financial aid forms, identification cards, parking passes, health examination forms, etc.
(2) Misuse of University documents as in (a.) above:
This includes knowingly misrepresenting or furnishing false information in matters pertaining to the University.
(3) Telephone Misuse:
This includes harassing and obscene phone calls, failing to give correct information on long distance calls, using illegal or unauthorized charge numbers or using unauthorized attachments or extensions to telephones.
(4) Computer Misuse:
This includes unauthorized academic access to or usage of University computers or off-campus networks, including but not limited to using unauthorized passwords; unauthorized alteration of another individual’s program(s) or file(s); use of computing facilities to interfere with the work of another student, faculty member or University official; use of computing facilities to send obscene or abusive messages; or unauthorized transfer of computer programs or data. Unauthorized appropriation of another’s work in the computer field is plagiarism. (See The Idaho State University Faculty and Staff Handbook, Part 4, Sec. VII-A, for further definition.)
(5) Refusal to give identification:
One is obligated, when asked by University officials, to identify oneself by name and address, and to state accurately what connection one has with the campus. A student shall not use the identification card of another student.
b. Under the general heading of inappropriate behavior, the following are specifically prohibited:
(1) Physical Abuse or Harassment: This includes threatened, attempted or actual physical abuse to or harassment of individuals affiliated with the University, whether on University property, at University-sponsored functions, or elsewhere.
(2) Harassment: This includes actions, such as verbal abuse, and those of a sexual nature, or involving sexual activities which are intimidating, harassing, coercive or abusive to another person or which invade the privacy of another person.
(3) Hazing: Hazing is a violation of State Statute 18-917 of the Idaho Code and is understood as an activity which endangers the mental or physical health or safety of a student. Hazing typically involves acts of initiation, admission, affiliation, or conditions for continued membership in a group or organization. Such activities may include requiring feats of endurance, consumption of alcohol, acts of perversion, or subjection of individuals to road trips, kidnaping or being abandoned and left to find their way home.
(4) Theft: This includes stealing, misappropriation or willful concealment of private, organizational or University property (including University keys).
(5) Illegal Entry: This includes actual or attempted unauthorized entry into University facilities or buildings.
(6) Destruction, Damage, or Misuse of University or Private Property: This includes but is not limited to all University property, whether that property be buildings, library materials, trees and shrubbery or University files and records; violation of University or student government rules for use of campus facilities; tampering with safety equipment, including but not limited to fire alarms, fire equipment or escape mechanisms and elevators. (The latter is a particularly serious violation of this Code).
(7) Intoxicants and Drugs:
(a) The illegal possession, consumption and/or selling of alcoholic beverages in University facilities and on University grounds is prohibited.
(b) Alcoholic beverages may not be possessed or consumed under any circumstance in areas open to and most commonly used by the general public. These areas include, but are not limited to, lounges, the Student Union Building, recreation rooms, conference rooms, campus buildings, athletic facilities and other public areas of University owned buildings or grounds.
(c) It is illegal to manufacture or attempt to manufacture, possess, use, or distribute on University property any narcotic or other controlled substance as defined by federal or state law. (See Substance Abuse Policy)
(8) Gambling on University property is prohibited.
(9) Obstruction or disruption of classroom teaching, research, administrative offices, disciplinary procedures, public service functions or other authorized University activities is prohibited. (Also see The Idaho State University Faculty/ Staff Handbook, Vol.3, Part 6, section X-B)
(10) Unlawful Conduct (Defined in the Idaho Code <33-37 15 and <33-37 16)
(a) Idaho Code <33-37 15: Interference with the conduct of institutions of higher learning — legislative intent:
The legislature, in recognition of unlawful campus disorders across the nation which are disruptive of the educational process and dangerous to the health and safety of persons and damaging to public and private property, establishes by this act criminal penalties for conduct declared in this act to be unlawful. However, this act shall not be construed as preventing institutions of higher education from establishing standards of conduct, scholastic and behavioral, reasonably relevant to their lawful missions, processes and functions, and to invoke appropriate discipline for violations of such standards.
(b) Idaho Code <33-37 16: Unlawful conduct-penalty:
i. No person shall, on the campus of any community college, junior college, college or University in this state, hereinafter referred to as “institution of higher education”, or at or in any building or facility owned, operated or controlled by the governing board of any such institution of higher education, willfully deny to students, school officials, employees and invitees:
(i) lawful freedom of movement on the campus,
(ii) lawful use of property, facilities or parts of any institution of higher education, or
(iii) the right of lawful ingress and egress to the institution’s physical facilities.
ii. No person shall, on the campus of any institution of higher education, or at or in any building or other facility owned, operated or controlled by the governing board of any such institution, willfully impede the staff or faculty of such institution in the lawful performance of their duties, or willfully impede a student of such institution in the lawful pursuit of his/her educational activities, through the use of restraint, abduction, coercion, or intimidation, or when force and violence are present or threatened.
iii. No person shall willfully refuse or fail to leave the property of, or any building or other facility owned, operated or controlled by the governing board of any such institution of higher education upon being requested to do so by the chief administrative officer, his/her designee charged with maintaining order on the campus and its facilities, or a dean of such college or University, if such person is committing, threatens to commit or incites others to commit, any act which would disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures or functions of the institution.
iv. Nothing in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between an institution of higher education and its employees.
v. Any person who violates any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500), or imprisonment in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment.
(11) Indecent Conduct: This includes actions or expressions on University property defined as lewd, indecent, or obscene.
(12) Dangerous use, possession or sale of incendiary explosives, or chemicals, fireworks and firearms or other lethal weapons on University property.
(13) Aiding, abetting or acting as an accomplice in the commission of any of the foregoing offenses is prohibited.
(14) Being a repeat violator of the operational rules and/or procedures of any University department after being duly warned of those violations is prohibited.
(15) Failing to obey: Students are obligated to obey the lawful and reasonable order of a University official.
c. Violation of Law and University Discipline
If a student is convicted of off-campus violation of federal, state, or local laws, but not with any other violation of this Code, disciplinary action may be taken and sanctions imposed for grave misconduct which demonstrates flagrant disregard for the University community. In such cases, no sanction may be imposed unless the student has been found guilty in a court of law or has declined to contest such charges, although not actually admitting guilt (e.g. “no contest”).
University disciplinary proceedings may be instituted against a student charged with violation of a law which is also a violation of the Code, for example if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under the Student Code of Conduct, Rights, Responsibilities and Judicial Structure may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.