Student Conduct Code - Section 5. Prohibited Conduct

All members of the USF community have a responsibility to protect and maintain an academic climate in which the fundamental freedom to learn can be enjoyed by all and where the rights and well-being of all members of the community are protected. To this end, the following basic policies and procedures have been developed to establish behavioral expectations of all students as members of the University community. 

Attempting, abetting, or being an accessory to any behavior prohibited by the Student Conduct Code is considered a violation of the Code.

USF prohibits retaliation of any kind against any individual who submits a complaint of misconduct or against any person cooperating in the investigation of any such allegation. Retaliation is defined as any adverse action taken against a person participating in a University investigation process because of that participation in the investigation. Retaliation against an individual for alleging any violation of University policy or the Student Conduct Code, for supporting a complainant, or for assisting in providing information relevant to a claim of any alleged misconduct is a serious violation of University policy and will be treated and responded to as such and may result in suspension or expulsion.

Any student found to have committed or to have attempted to commit the following misconduct is subject to the outcomes outlined in Section 8: Outcomes. The following conduct is prohibited under the Student Conduct Code:

 

5.1 Respect for SELF

COMPLICITY

Complicity is defined as being present while a violation is occurring, actively encouraging a violation to occur, or failing to report an alleged conduct violation. Students are expected to make decisions that align with the Code, those decisions include but are not limited to: 1) leaving the situation immediately; 2) encouraging individuals to cease the behavior; 3) leaving the situation immediately and reporting the alleged violation; or 4) staying and being alleged with a violation of the Code.

HARM TO SELF

Conduct that causes physical self-harm, endangers the health or safety of self, or that demonstrates an inability to function safely and independently within the University community.

ALCOHOL

The University believes in personal responsibility and responsible decision-making in all facets of one’s life. In recognition that alcohol misuse can have adverse health consequences and prevent students from reaching their full potential academically, please refer to the University’s Alcohol and Drug Policy for further information.

MARIJUANA

The University believes in personal responsibility and responsible decision-making in all facets of one’s life. In recognition that marijuana misuse can have adverse health consequences and prevent students from reaching their full potential academically, please refer to the University’s Alcohol and Drug Policy for further information. Students who qualify under Proposition 215 to use marijuana for medical purposes are not permitted to possess, store, provide, or use the marijuana on University-owned or controlled property 

DRUGS

The University believes in personal responsibility and responsible decision-making in all facets of one’s life. In recognition that drug misuse can have adverse health consequences and prevent students from reaching their full potential academically, please refer to the University’s Alcohol and Drug Policy for further information.

 

5.2 Respect for OTHERS

HARM TO PERSONS

Conduct that causes physical harm or endangers the safety or emotional health of any person.

THREATS

Written, spoken, or physical conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.

HAZING

Conduct which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to another person in the course of the other person's pre-initiation into, initiation into, affiliation with, holding office in, or maintaining membership in any organization. Please refer to the University’s Hazing Policy for more information.

FAILURE TO COMPLY

Failure to comply with any reasonable directive of University faculty, staff, Department of Public Safety officers, or law enforcement officers during the performance of their duties. This includes, but is not limited to, failures to adhere to no-contact directives, identify oneself upon request, remove oneself from premises, cease and desist, etc.

DISRUPTIVE CONDUCT

Behavior by any individual or group that interferes with the orderly functioning of the University, an individual’s pursuit of an education on University premises, online or during an authorized University class, field trip, seminar or other University-related activity.

OFFENSIVE CONDUCT 

Conduct that may contribute to:

  • disturbance of the public peace;
  • offensive public behavior (such as public urination or defecation or indecent or public exposure of intimate body parts as prohibited by law. even when it does not rise to the level of sexual or discriminatory misconduct

HARASSMENT

Harassment is conduct (physical, verbal, graphic, written, digital or electronic) that is sufficiently severe, pervasive or persistent so as to threaten an individual or limit the ability of an individual to work, study or participate in the activities of the University whether it be a single incident or a series of incidents.

UNAUTHORIZED RECORDING

Making, sharing, or otherwise distributing any audio, video, photographic, or digital recording or image, which was taken without a person’s prior knowledge or consent when the person being recorded would have a reasonable expectation of privacy, or where the recording is reasonably likely to cause injury or distress.

RETALIATION

Any adverse action taken by or on behalf of a person or group against another person in response to: another person who is, or who is perceived to be engaged in an investigation, someone reporting an incident or safety concern to the University, or by participating in an investigation or administrative process.

 

5.3 Respect for COMMUNITY

FRAUDULENT BEHAVIOR

Knowingly providing, creating, or possessing false, falsified, or forged information (including but not limited to documents, records, permits, etc.), or failing to disclose relevant information to any University administrator, faculty or staff member. This includes but is not limited to knowingly making a false statement, whether oral or written.

FRAUDULENT IDENTIFICATION

Fraudulent Identification: Possession, forgery, alteration, or misuse of the USF OneCard, or any government issued identification card, drivers license or document.

THEFT OR MISAPPROPRIATION

Attempted or actual theft of any kind including but not limited to seizing, receiving, or concealing property with knowledge that it has been stolen. Sale, possession, or misappropriation of any property or services without the owner’s permission.

DAMAGE TO PROPERTY

Damage, destruction, or misuse of University property or the property of any other person, group or business including but not limited to graffiti, paint, other unauthorized markings.

UNIVERSITY POLICIES AND PROCEDURES

Failure to abide by any published University standard, policy, procedure, agreements, or rules not explicitly outlined in the Fogcutter Student Handbook

LAWS

Unlawful Behavior. Engaging in conduct that is prohibited by local, state or federal laws.

WEAPONS AND DANGEROUS ITEMS

Possession, use, or threatened use of firearms, explosives, dangerous chemicals, or other dangerous items or instruments on University premises. This includes but is not limited to counterfeit, replica, or blank-firing firearms or realistic-looking toy firearms; BB guns; airsoft guns; paintball guns; switchblades; swords; slingshots; metal knuckles; or similar instruments.

Students may possess multi-tool knives (Swiss, Leatherman, etc.) or knives with a blade no longer than 2.5 inches with only one sharp edge. Switchblade knives and other knives defined by Penal Code section 653k are not allowed.  Students who live in residence halls may possess kitchen knives; which must be stored out of sight when not in use.

Self-Defense Items: Students may possess pepper spray for self-defense purposes only.  However, pursuant to California Penal Code sections 22810(e)(1) and 22810(e)(2), the pepper spray must be less than 2.5 ounces and must also display a clear warning label. Use of pepper spray for any purpose other than immediate self-defense is unlawful. 

Stun guns and tasers are prohibited.

UNAUTHORIZED ACCESS OR USE

Unauthorized entry into or use of University property or virtual space, including but not limited to residence halls, academic buildings and grounds; such as roofs, ledges, balconies etc. Unauthorized erection or use on University property of any structures including but not limited to tents, huts, gazebos, shelters, platforms and public address systems. Unauthorized use of a fire or emergency exit or presence in an emergence stairwell is strictly forbidden.

DEFENESTRATION

Launching, dropping, throwing or dumping any object or substance from within or on a University structure or property. This includes but is not limited to pouring water or any other liquid out of a residence hall window.

COMPUTER MISUSE

Any violation of the University’s Technology Resources Appropriate Use Policy

FIRE HAZARD

Possession or use of candles, incense, torches and other open flame items or behavior that leads to the creation of a fire or creates a fire hazard on University premises.

MISUSE OF FIRE SAFETY EQUIPMENT

Tampering with, damaging, disabling or misusing of any fire safety equipment including but not limited to fire extinguishers, fire hoses, fire alarms, fire doors. Students must not tamper with or disable fire safety equipment in their rooms or units including but not limited to covering smoke detectors. Students are required to evacuate any University building when a fire alarm is sounding or when instructed to do so in an emergency or drill by University staff members including Resident Advisors.

ABUSE OF STUDENT CONDUCT SYSTEM

Behavior that interferes with the student conduct process including but not limited to:

  • Failure to obey the notice from a resolution staff member/board or University administrator or staff member to appear for a conduct conference as part of the Student Conduct System.
  • Falsification, distortion, or misrepresentation of information before a resolution staff member/board.
  • Disruption or interference with the orderly function of a student conduct proceeding.
  • Institution of an incident report or complaint in bad faith.
  • Attempting to discourage an individual’s proper participation in, or use of, the student conduct system.
  • Attempting to influence the impartiality of a student conduct staff member/board prior to, and/or during the course of, the student conduct proceeding.
  • Harassment (verbal or physical) and/or intimidation of a resolution staff member/board prior to, during, and/or after a student conduct proceeding.
  • Failure to comply with the outcome(s) imposed under the Student Conduct Code.

SMOKE & TOBACCO FREE

Any violation of the University's Smoke & Tobacco-Free Policy

COMMUNITY AND PUBLIC HEALTH

Any behavior that violates the University's Community and Public Health Policy.

Community Relations

Any behavior that violates the University’s Community Relations Policy. Students are expected to demonstrate respect for all members of the local community regardless of their place of residence.