B. Student Standards of Conduct

B. STUDENT STANDARDS OF CONDUCT

Students share the responsibility for maintaining an environment in which the rights of each member of the academic community are respected. All students and their guests shall be responsible for conducting themselves in a manner that helps to enhance an environment of learning in which the rights, dignity, worth, and freedom of each member of the academic community are respected. When asked to report to any University office in conjunction with a disciplinary matter, a student is expected to appear at the time specified or to arrange another appointment. Any student found responsible for a violation outlined in the Code of Student Life is subject to disciplinary sanctions, and may expect more significant sanctions relative to the severity of the offense and/or if found responsible on multiple occasions.

Notwithstanding actions taken by state or federal authorities, or private litigants, the VCSA or designee may initiate disciplinary proceedings as outlined below against a student or student organization that is suspected of violating or attempting to violate this Code or other applicable University rules or governing laws, including the following:

1. Physical abuse, including, but not limited to, inflicting or threatening bodily harm upon any person, or acting in a manner which creates a risk of bodily harm to any person.

2. Domestic and/or Dating Violence includes violence against a spouse, former spouse, or an individual who has had a dating or engagement relationship.

  • I. Dating Violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
    • 1. The length of the relationship
    • 2. The type of the relationship.
    • 3. The frequency of interactions between the persons involved in the relationship.
  • II. Domestic Violence includes violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. Immediate Family Member means:
    • a. a spouse, parent, brother, sister, or child of that person, or an individual to whom that person stands in loco parentis; or
    • b. any other person living in the household of that person and related to that person by blood or marriage

“Violence” means an assault and/or battery in which an individual attempts to cause or intentionally, knowingly or recklessly causes bodily injury, or intentionally, knowingly or recklessly placing another in fear of imminent bodily injury.

3. Harassment or threats by means other than the use or threatened use of physical force. Harassment is defined as any unwelcome conduct physical, verbal, graphic, written, or electronic or otherwise with the purpose to harass, annoy, or alarm another person, without good cause; and/or engages in conduct or repeatedly commits an act that alarms or seriously annoys another person and that serves no legitimate purpose; or places a person under surveillance for no purpose other than to harass, alarm, or annoy; and/or communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written communication, in a manner likely to harass, annoy, or cause alarm.

4. Coercion: compelling or inducing another person to engage in conduct or refrain from engaging in conduct, including, but not limited to, threats or instillation of fear.

5. Conduct that interferes with the operations of the University. Such conduct includes but is not limited to disruption or obstruction of teaching, research, administration, or other University activities.

6. Conduct that endangers the health or safety of any person.

7. Discrimination against any member of the University community or visitor, or in connection with any University activity, through offensive behavior of a biased or prejudicial nature related to an individual’s personal characteristics, such as but not limited to race, color, national origin, sex, religion, disability, age or sexual orientation. Such conduct includes, but is not limited to, conduct that violates the University’s policies prohibiting discrimination. (See Appendix A)

8. Sexual Harassment: Unwelcome comments or conduct based on gender that creates an intimidating or offensive working, learning, or living environment and that represents substantial interference with the rights or opportunities of the victim. Such conduct includes, but is not limited to:

  • a. Conduct that violates the University’s policies prohibiting sexual harassment, such as unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or written communication of a sexual nature.
  • b. The use of phone, email, social media, or any other method to relay messages or materials of a sexual nature that are unwanted by the recipient.
  • c. Is sufficiently severe, persistent or pervasive that it, unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the university’s educational program and/or activities
  • d. Based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.
  • e. (See Appendix C)

9. Sexual Misconduct: Any sexual activity or attempt to engage in sexual activity, that does not involve the knowing consent of each individual expressed verbally or otherwise, or any prohibited activity as defined in university policies on sexual assault. Such conduct includes, but is not limited to, any sexual act in which a person is threatened, coerced, or forced to engage in against her or his will, or any sexual act engaged in while a partner is temporarily or permanently incapacitated, such as:

  • a. Any form of sexual penetration when the victim does not or is unable to provide knowing consent.
  • b. Any touching or fondling of the sex organs or body parts for the purpose of sexual gratification when the victim is unable to or does not give knowing consent.
  • c. Any trespass, force, restraint, domicile invasion, or coercion made with actual or threatened sexual intent.
  • d. Indecent exposure.
  • e. (See Appendix B)

10. Stalking, defined as repeated and unwanted attention, harassment, contact, or other conduct directed at a specific person that would cause a reasonable person to feel fear.

11. Disorderly conduct including, but not limited to the following: engages in fighting or in violent, threatening behavior, makes unreasonable or excessive noise, uses abusive or obscene language or makes obscene gestures, disturbs or disrupts any assembly, classroom or meeting of persons, obstructs vehicular or pedestrian traffic, or creates a hazardous or physically offensive condition.

12. Damage, defacement or destruction of property.

13. Attempted or actual theft or unauthorized use of any property or services.

14. Possession of firearms or other weapons, or use or attempted use of any item as a weapon. (See Appendix H)

15. Possession, use, or distribution of an alcoholic beverage in violation of law or University policy, including, but not limited to, supplying alcoholic beverages to those who are not of legal age to consume or possess alcohol. (See Appendix D).

16. Public intoxication or appearing in a public place manifestly under the influence of alcohol or a controlled substance to the degree that the person is likely to endanger himself or herself or another person or property.

17. Use or possession of a controlled substance, narcotic, drug paraphernalia, or counterfeit controlled substance, as defined under state or federal law.

18. Use or possession of prescriptions medication other than for the person prescribed, and/or for use other than the prescribed purpose.

19. Sale, manufacture, delivery, or transfer (actual or intended) of a controlled substance, narcotic, or counterfeit controlled substance, as defined under state or federal law.

20. Violation of safety systems, including, but not limited to the below listed behaviors as well as any behavior prohibited by

  • a. Unauthorized use, abuse, or interference with fire protection equipment or safety equipment which could result in death, injury or substantial property damage.
  • b. Intentional setting off of false fire alarms.
  • c. Bomb threats or similar threats involving dangerous devices or substances.
  • d. Behavior which constitutes a significant fire hazard.
  • e. Unauthorized possession or use of any material or substance which constitutes a significant health hazard.
  • f. Intentional tampering with or damage to university facility doors, locks, or other entrances and/or exits.

21. Possession or use of any explosive device or material, including but not limited to, firecrackers, cherry bombs, bottle rockets and dynamite, without express authorization by an authorized University official.

22. Possession or use of any dangerous or prohibited chemical without express authorization by an authorized University official.

23. Hazing, including, but not limited to, actions designed or with the effect of producing mental or physical discomfort, embarrassment, harassment, or ridicule or interfering with academic achievement. Such activities may include but are not limited to the following:

  • a. excessive or involuntary use of alcohol
  • b. paddling or physical abuse in any form
  • c. creation of excessive fatigue
  • d. kidnapping
  • e. degrading or humiliating games and activities.

24. Forgery, alteration, destruction, misuse, or possession of University documents, including but not limited to University identification cards or records, without authorization. Violations include, but are not limited to, forgery of applications for financial aid, admission, course changes or course credit, copying, misuse or alteration of parking permits, or alteration or misuse of transcripts, or student identification cards.

25. Possession, duplication or use of keys to any University premises without authorization; entry or use of University premises without permission.

26. Gambling for money or other items of value on University premises; including but not limited to, card playing or other games of chance or skill for money or other items of value.

27. Organization or participation in activities which are in violation of University policy related to demonstrations and/or assemblies. (See Appendix E).

28. Violation of the University’s Code of Computing Practices, including but not limited to, the misuse of a University computer or a University computer network. (See Appendix F).

29. Instigation of a disturbance in violation of University policy and/or any local sound ordinance.

30. Misuse of University telephones, telephone services or equipment, including but not limited to the use of University phones, telephone services or equipment without consent of those responsible for their control or misuse of a personal phone or communications device on University premises or in connection with a University activity.

31. Harboring or bringing a pet on University premises in violation of University policy. (See Appendix G).

32. Smoking or use of tobacco products or electronic cigarettes on University property or in a University vehicle in violation of state law or university policy. (See Appendix I).

33. Failure to comply with sanctions imposed under the Code of Student Life.

34. Using electronic or other devices to make an audio or video record of any person, without the person's prior knowledge or consent, where there is a reasonable expectation of privacy and such a recording is likely to cause injury, distress, or damage to reputation, including, but not limited to, in such locations as showers, locker rooms or restrooms.

35. Abuse of the University disciplinary system, including but not limited to:

  • a. Knowing falsification or misrepresentation of information presented to any disciplinary authority.
  • b. Interference with the conduct process through coercion, intimidation, threats or bribery.
  • c. Failure to promptly obey any mandate of any university disciplinary authority, including but not limited to a notice to appear for a disciplinary hearing or to appear as a witness in a disciplinary proceeding without proper excuse or justification.
  • d. Failure to obey notice from an authorized University official to appear for a meeting or hearing as a part of the student conduct system.
  • e. Initiation of a complaint with prior knowledge that information submitted is false.
  • f. Influencing or attempting to influence another person to commit an abuse of the student conduct system.

36. Any violation of University of Arkansas Housing policies and procedures. (See Section III).

37. Any violation of any Arkansas state and/or federal criminal law.

38. Failing to comply with orders or directives of University officials, University hearing bodies, University Police or any other law enforcement officers acting in the performance of their duties.

39. Furnishing false or misleading information to a member of the faculty, staff, student, or law enforcement official acting in an official capacity.

40. Conduct which encourages or enables illegal activity and/or a violation of the Code of Student Life by failing to confront the behavior or by implicitly condoning the behavior by his/her presence during the activity.

41. Tampering with the election of any University-recognized student organization.

42. Possession, use, attempted use, manufacture, or alteration of a genuine (not belonging to the possessor) or fraudulent personal identification document.

43. Sexual solicitation, prostitution, and/or the promotion of prostitution as defined by state or federal law.

44. Violation of any published University policies, rules, or regulations. It is the responsibility of the student to be familiar with all university policies that relate to appropriate behavior on campus.

If a violation of this Code is defined with reference to a particular law, regulation or policy, the definition shall include any amendments, as well as any successor or replacement law, regulation or policy. A violation of this Code shall not include constitutionally protected activity.