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 govern the conduct 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.
Student conduct proceedings will be enacted when any of the following may occur:
5.1 Respect for SELF
The unauthorized use, possession, manufacture, sale or distribution of any illegal (classified by Federal Guidelines), dangerous, designer, prescription medications or controlled substance. Even students with valid documentation under California’s medical marijuana law may not use, possess, distribute or store marijuana on University premises. The possession of paraphernalia (including but not limited to vaporizers, water pipes, bongs, grinders, stash boxes) is also prohibited and the University reserves the right to confiscate, retain, and dispose of/destroy any and all drug related items regardless of value or ownership. Refer to the University's Alcohol and Drug Policy for more information.
The unauthorized use, possession, manufacture or distribution of alcoholic beverages (except as expressly permitted by University regulations, refer to the University’s Alcohol and Drug Policy). Public intoxication (regardless of age) is prohibited. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under the age of twenty-one (21).
5.1.3 Harm to Self
Conduct or behavior that endangers the physical or psychological well-being of the student; actions which result in or have the potential for resulting in physical harm, which create conditions that pose a risk of physical harm, or which cause reasonable apprehension of physical harm or that evidences an inability to function safely and independently within the University community.
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: 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 charged with a violation of the Code.
5.2 Respect for OTHERS
5.2.1 Harm to Persons
Abusive conduct is strictly prohibited. Abusive conduct includes any intentional conduct that inflicts or attempts to inflict bodily harm or severe emotional harm upon any person, any reckless action that could result in bodily harm, and any action that would reasonably cause another to be fearful that their health or safety is in immediate danger.
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.
5.2.3 Failure to Comply
Failure to comply with the directions of any University administrator, faculty or staff member (including Resident Advisors and desk clerks) or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
5.2.4 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.
5.2.5 Disorderly Conduct
Behavior by any individual or group that is lewd, indecent or creates a breach of peace. This includes but is not limited to public urination, unwanted physical contact, interference with University officials, staff or law enforcement acting in performance of their duties, excessive or prolonged noise.
5.2.6 Offensive Conduct
Obscene, vulgar or disrespectful behavior that demonstrates a lack of respect for others.
5.2.7 Sexual Misconduct
Any behavior that violates the University's Sexual Misconduct Policy
Verbal, physical, or psychological conduct, occurring in person or through electronic means, whether it be a single incident or series of incidents that is so severe or pervasive and objectively offensive, that substantially disrupts or interferes with the orderly operation of the University or the rights of any student or other member of the University community and which a reasonable person should know, under the circumstances, that the behavior will have the effect of harming any student or group of students.
5.2.9 Unauthorized Recording
Any unauthorized use of electronic or other device to make an audio or video record of any person while on University premises without that person's effective knowledge and consent. This includes but is not limited to surreptitiously taking pictures of another person and video streaming.
5.2.10 Aiding or Abetting
Aiding, abetting, or procuring another person to violate any provision of the Student Conduct Code.
Any adverse action taken by or on behalf of a person or group against another person in response to:
- someone reporting an incident or safety concern to the University,
- participating in the student conduct process, or
- equitable resolution procedures
5.3 Respect for COMMUNITY
5.3.1 Fraudulent Behavior
Furnishing false or fraudulent information to the University, any University administrator, faculty member, staff member or office in or with regard to any transaction with the University, whether oral or written, including but not limited to misrepresenting the truth during a conduct related meetin or investigation, or knowingly making a false statement, whether oral or written, to any University administrator, faculty or staff member which essentially interferes with University processes or procedures.
5.3.2 Misuse of Documents
Forgery, alteration, or misuse of any University documents, records, permits, communication equipment, or identification cards and government issued documents.
5.3.3 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.
5.3.4 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.
5.3.5 University Policies and Procedures
Failure to abide by any published University standard, policy or procedure.
Conduct in which a student is detained, cited, arrested, or otherwise charged with violations of local, state or federal laws.
5.3.7 Weapons and Dangerous Items
Possession of firearms, explosives, dangerous chemicals, or other dangerous items or instruments on University premises or use of any such item. This includes but is not limited to BB guns, airsoft guns, paintball guns, knives, slingshots, metal knuckles, Mace.
5.3.8 Unauthorized Use of Facilities
Unauthorized entry into, use or defacement of University facilities, including residence halls, academic buildings and grounds, including roofs, ledges, balconies; 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.
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.
5.3.10 Computer Misuse
Any violation of the University’s Technology Resources Appropriate Use Policy
5.3.11 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.
5.3.12 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.
5.3.13 Abuse of Student Conduct System
Behavior that interferes with the student conduct process including but not limited to:
a. Failure to obey the notice from a student conduct resolution officer/board or University administrator or staff member to appear for a conduct conference as part of the Student Conduct System.
b. Falsification, distortion, or misrepresentation of information before a student conduct resolution officer/board.
c. Disruption or interference with the orderly function of a student conduct proceeding.
d. Institution of an incident report or complaint in bad faith.
e. Attempting to discourage an individual’s proper participating in, or use of, the student conduct system.
f. Attempting to influence the impartiality of a student conduct officer/board prior to, and/or during the course of, the student conduct proceeding.
g. Harassment (verbal or physical) and/or intimidation of a student conduct officer/board prior to, during, and/or after a student conduct proceeding.
h. Failure to comply with the sanction(s) imposed under the Student Conduct Code.
5.3.14 Smoke & Tobacco Free
Any violation of the University's Smoke & Tobacco-Free Policy
5.3.15 Community and Public Health
Any behavior that violates the University's Community and Public Health Policy.