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Student Code of Conduct

While enrolled at the University, students are subject to delegated University authority. The Vice President for 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. University judicial action may be taken in those instances where a case or cases may be pending, in process or determined in the civil or criminal courts.

1. Conduct in the Classroom
   Classroom conduct is under the direction of the individual faculty member. The following information is provided in order for students to have a better understanding of appropriate classroom conduct.
   1. Freedom in Classrooms
      The classroom is the center for study and understanding of the subject matter for which the faculty member has professional responsibility and institutional accountability. Faculty members should encourage free discussion, inquiry and expression among their students in their quest for knowledge. The faculty members should hold the best scholarly standards for their disciplines. They should conduct themselves in keeping with the dignity of their profession and should adhere closely to their proper role as intellectual guides and counselors. They should foster honest academic conduct and evaluate their students fairly and accurately. They should respect the confidential nature of the relationship between instructor and student. They should avoid exploitation of students for private advantage and should acknowledge significant assistance from them. They should protect student rights as defined herein. Control of the order and direction of a class, as well as the scope and treatment of the subject matter, must therefore rest with the individual instructors. The rules properly reflect the obligation of each student to respect the rights of others in the maintenance of classroom order and in the observance of courtesy common to every intellectual discipline.
      1. Students have the right to be informed in reasonable detail at the beginning of each term of the nature of the course, the course expectations, the evaluative standards and the grading system that will be used.
      2. Students have the right to take reasoned exception to the data or views offered in the classroom and to reserve judgment about matters of opinion without fear of penalty.
      3. Students have the right of protection against improper disclosure of information concerning their professional relationships with faculty. (See the Family Education Rights and Privacy Act, a.k.a. Buckley Amendment, for further details.)
      4. Students have protection through orderly procedures against prejudiced or capricious academic evaluation. At the same time, they are responsible for maintaining standards of academic performance established for each course in which they are enrolled. (See Scholastic Appeals, page 11 of the Student Handbook.)
   2. Disruptive Behavior in Classrooms and Laboratories
      Control of the order and direction of a class or laboratory, as well as the scope and treatment of the subject matter, rests with the individual faculty member. 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 impose sanctions in cases of disruptive classroom behavior. Prior to taking such action, however, it is recommended that a faculty member follow these procedural steps:
      1. Inform the student that the behavior in question is disrupting the class and request that the student discontinue the behavior. In the case of aggressive disruptive behavior, the instructor should ask the student to leave the classroom immediately or initiate action to have the student removed by seeking assistance from ISU Public Safety or the department chair. In a case of aggressive disruptive behavior, the instructor should immediately notify the department chair and dean’s office having jurisdiction over the class, who in turn may contact the Office of Student Affairs and ISU Public Safety in order to determine the appropriate action to be taken. Such action, depending upon the nature and severity of the behavior, may warrant, but not be limited to, any sanction listed in paragraph c. below.
      2. If the disruptive behavior continues (whether in the same or a subsequent class period), the instructor should again direct the student to stop the behavior and ask to meet with the student outside of class (e.g. in the instructor’s office) to inform the student that the behavior is disruptive. At this point, the instructor should direct the student to review the section “Conduct in the Classroom” of the Student Code of Conduct in the Student Handbook and follow up with a letter to the student. The letter should describe the specific behavior that is disruptive, reference the warnings given to the student, and state what further actions may take place if the behavior were to continue. The instructor should also express the belief that this letter will constitute the final step for resolution of the particular situation. A good reason to carry out this step is to create the expectation that the student will resume appropriate classroom behavior. The letter will also serve as documentation that may become necessary if the disruptive behavior continues. A copy of the letter should be sent to the chair of the department for the class, Vice President for Student Affairs, and the chair of the student’s major department.
      3. If the disruptive behavior continues, the instructor’s options include: a) asking the student to leave the classroom, which may be followed up with a call to ISU Public Safety, if necessary, to have an officer escort the student from the room (notify the department chair that this was done); b) imposing a grade reduction; c) assigning an “F” in the course; d) withdrawing the student from the course and/or; e) sending a second letter to the chair of the student’s major department, which may lead to further sanctions, including dismissal from the program or the university. If the instructor chooses any of options b-e, it should be done in conjunction with her/his department chair, and the academic dean (or dean’s representative) should be notified. Sanctions assigned by a professor under this policy may not be avoided by withdrawing from or dropping the class. When sanctions require action by the Registrar, the Registrar shall be notified in writing by the department chair or dean involved in the case.
      4. Any student appeal of sanctions imposed due to disruptive behavior in the classroom is made to the dean (or dean’s representative) of the college having jurisdiction over the course. 1 7 The decision of the dean is final for that particular class; in the case of a graduate student, appeals follow the same steps as appeals of grades or dismissal. The graduate council’s decision is final. In neither case is the matter appealable through the scholastic appeals process.
         Students and faculty members should be aware that if the department chair or college dean (or dean’s representative) becomes involved, he or she will assess all relevant information and recognize the obligation of fairness to the instructor, the student, and the class.
   3. 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 faculty member. 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. Faculty members are responsible for deciding academic dishonesty cases 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 complete policy in the Idaho State University Faculty and Staff Handbook, Part 6, Sec. IX, page 6.9.1 for definitions of cheating and plagiarism on website http://www.isu.edu/references/fs.handbook/.)
2. 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 University community is subject to appropriate disciplinary action and sanction under this code. All guests must respect all policies of the University. Students are held responsible for all actions of their guests and will be held accountable for their behavior. The following sections list some specific acts that are offenses under this Student Code of Conduct, Rights, Responsibilities and Judicial Structure:
   1. Under the general heading of dishonesty, the following are specifically prohibited:
      1. Falsification of documents: This includes 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 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, or unauthorized transfer of computer programs or data. The purpose of the computer network is to enhance the mission of Idaho State University; legitimate use of a computer or computer network does not extend to whatever the user is capable of doing with it. Unauthorized appropriation of another’s work in the computer field is plagiarism.
      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 I.D. card of another student.
      6. Providing False Information: Knowingly providing false information, either verbally, in writing, electronically, or otherwise to an ISU official in matters pertaining to the University.
   2. Under the general heading of inappropriate behavior, the following are specifically prohibited:
      1. Physical Abuse, Intimidation, or Harassment: This includes threatened, attempted, or actual physical abuse, physical intimidation, or physical harassment of any person on University property or at Universitysponsored functions. Violations against persons affiliated with the University may occur in any location.
      2. Verbal or Written Abuse or Harassment: This includes verbal or written (including electronic) expressions that are intimidating, threatening, or coercive in content or tone. These expressions may be directed towards any other person(s) on University property or at University-sponsored events, or towards individuals affiliated with the University regardless of location.
      3. Sexual Misconduct: The University does not tolerate any form of sexual misconduct and encourages all members of the University community to report any and all incidents of sexual misconduct to one of the following:
         • ISU Public Safety (282-2515)
         • Student Affairs Office (282-2794)
         • EEO/Affirmative Action Office (282-3964)
         • Janet C. Anderson Gender Resource Center (282-2805)
         • Housing Department staff (282-2120)
         • Pocatello Police Department (234-6100)
         
         If you believe you have been involved in an incident of sexual misconduct, you have the right to pursue action through the University judicial system and/or the appropriate law enforcement authorities, and/or the courts. ISU further encourages anyone who has been involved in such an incident to pursue action through appropriate law enforcement authorities and/or the courts. The University wishes to encourage victims to report incidents of sexual misconduct and therefore reserves the right to waive disciplinary charges against victims for circumstances surrounding the incident. For example, a victim who had been an underage drinker would not typically face charges of violating alcohol policies.
         
         Sexual Misconduct is any sexual act which violates the laws of the State of Idaho; and/or includes, but is not limited to: acts of rape (stranger and acquaintance or date rape) and other forms of coerced sexual activity, including unwanted touching, fondling or other forms of sexual conduct. Any sexual activity which is entered into without consent of both or all persons involved is a violation of this policy. A person may not avoid responsibility for a sexual activity because of impairment due to the influence of alcohol or other drugs. A person is deemed incapable of giving consent when that person is a minor under the age of 18 years, is mentally disabled, mentally incapacitated, physically helpless, under the influence of alcohol or drugs to the point of being unable to make a rational decision, unconscious or asleep. The degree of impairment of a person’s ability to give or withhold consent may be introduced as pertinent information at any University disciplinary hearing. A person always retains the right to revoke consent at any time during a sexual act.
      4. Hazing: Hazing is a violation of State Statute 18-917 of the Idaho Code and is understood as an activity that 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, kidnapping or being abandoned and left to find their way home.
      5. Theft: This includes stealing, misappropriation or willful concealment of private, organization or University property (including University keys).
      6. Illegal Entry: This includes actual or attempted unauthorized entry into University facilities or buildings.
      7. 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, computer hardware, software and network, 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.)
      8. Intoxicants:
         1. Possession or consumption of alcohol is prohibited on University property except as permitted in specified living quarters of persons of legal age (e.g., student apartments, but not individual residence hall rooms), and other areas designated by the President with the approval of the State Board of Education.
         2. Distribution of alcohol to a minor is prohibited.
         3. Possession or consumption of alcohol by a minor is prohibited.
         4. Possession or consumption of alcohol in areas that are designated as “alcohol free” is prohibited.
         5. If a student violates the Student Code of Conduct while under the influence of alcohol, this policy will also apply.
         6. Sale of alcohol, unless authorized by the State Board of Education and with the appropriate licenses and permits, is prohibited.
      9. Illegal Drugs: It is illegal to manufacture or attempt to manufacture, possess, use, or distribute on University property any narcotic or other controlled substance or drug paraphernalia as defined by federal or state law.
      10. Gambling on University property is prohibited.
      11. Obstruction Obstruction or disruption of classroom teaching, research, computer hardware, software and network, administrative offices, disciplinary procedures, public service functions or other authorized University activities is prohibited. Also see The Idaho State University Faculty and Staff Handbook, Part 6, Sec. IX, page 6.9.6. on website http://www.isu.edu/references/fs.handbook/
      12. Unlawful Conduct (Defined in the Idaho Code 33-37 15 and 33-37 16)
          1. 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:
             1. lawful freedom of movement on the campus,
             2. lawful use of property, facilities or parts of any institution of higher education, or
             3. the right of lawful ingress and egress to the institution’s physical facilities.
          2. 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 institution, 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.
          3. 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.
          4. 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.
          5. 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.
      13. Indecent Conduct: This includes actions or expressions defined as lewd, indecent, or obscene on University property.
      14. Dangerous useuse, possession or sale of incendiary explosives, or chemicals, fireworks and firearms or other lethal weapons on University property.
      15. Aiding and abetting or acting as an accomplice in the commission of any of the foregoing offenses is prohibited.
      16. Being a repeat violator of the operational rules and/or procedures of any University department after being duly warned of those violations is prohibited.
      17. Failing to Obey: One is obligated to obey the lawful and reasonable order of a University official.
      18. Endangerment: This includes conduct that unreasonably endangers the health or safety of oneself or others on University property or at University-sponsored functions.
   3. Violation of Law and University Discipline: If a student is convicted of an 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.

At the time of publication, the Student Code was under revision; it remains subject to change.