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Student Conduct Program – Code of Conduct – Section 3

Boise State University
Student Code of Conduct

Section 3

A.  Conduct Body
The term “Conduct Body” means any person or persons authorized by the Vice President for Student Affairs or her/his designee to determine whether a student has violated the Student Code of Conduct and to determine appropriate sanctions for the violation.  This can be a single individual, such as a Hearing Officer (individual faculty or staff member), a group of people, such as a Conduct Board or Appellate Board, and/or, in instances of academic dishonesty, a faculty member.

B.  Consent
The term “consent” means freely given agreement to engage in a course of conduct.  Consent for sexual activity must be given free of force, threat, intimidation, or coercion.  Neither silence nor a prior relationship is sufficient to indicate consent.  Someone who is incapacitated in any way cannot give consent.  Consent will not be considered given by someone who is asleep, incapacitated by alcohol or illegal or prescription drugs, unconscious, harassed, coerced, threatened, or otherwise forced into sexual activity. Additionally, consent for sexual activity cannot be given by someone under 16 years of age and Idaho law additionally limits the ability of someone 16 or 17 to consent.  For more information, see Idaho Code sections 18-1506, 1508, 6101 and 6108. 

C.  Faculty Member
The term “faculty member” means any person who regularly conducts classroom activities for the University.

D.  Hostile Environment
A “hostile environment” is created if conduct is sufficiently serious that it interferes with or limits a person’s ability to participate or benefit from Boise State’s programs and services.  The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the harassment is physical.  A single or isolated incident of sex or gender-based harassment or discrimination may create a hostile environment if the incident is sufficiently severe.

E.  Member of the University Community
The term “member of the University community” includes any person who is:

  1. A student;
  2. A faculty or staff member;
  3. A University official;
  4. Identified to conduct business for the University; or  
  5. Guests, to include but not limited to, volunteers, event attendees, participants in university sponsored co-curricular or auxiliary programs. 

A person’s status in a particular situation will be determined by the Vice President for Student Affairs or her/his designee.

F.   Policy
The term “policy” is defined as the written regulations of the University as outlined in, but not limited to the:

  1. University Undergraduate and Graduate Catalogs;
  2. University Housing & Residence Life policies;
  3. University Policy Manual; and
  4. Policies, procedures and regulations of the State Board of Education.

G.  Protected Characteristics
The term “protected characteristics” means personal characteristics or factors that cannot be targeted for discrimination or harassment.  For purposes of the Student Code of Conduct the following characteristics are considered protected and individuals cannot be discriminated against or harassed based on these characteristics: race, color, religion, sex, gender, age, sexual orientation, pregnancy, national origin, physical or mental disability, veteran status, genetic information, or any other status protected under applicable federal, state, or local law.

H.  Quorum
The term “quorum” means one more than fifty percent of the voting membership of a conduct body.  A conduct body consisting of a single individual always consists of a quorum. A conduct panel is comprised of 5 members, with a minimum to meet quorum being 3 (to always include at least one student and one faculty member). 

I.    Student
The term “student” includes all persons taking courses at the University, either full-time or part-time, degree seeking or non-degree seeking, as well as persons who have been admitted but are not yet taking classes.  Persons who withdraw after allegedly violating the standards of conduct, who are not enrolled for a particular term but who have continuing relationships with the University (including suspended students), or who have been notified of their acceptance for admission are also considered students.

J.   Student Conduct Administrator
The term “Student Conduct Administrator” means the University official authorized by the Vice President for Student Affairs to:

  1. Advise Respondents and Complainants on student conduct processes and procedures;
  2. Serve as a hearing officer as designated by the Vice President for Student Affairs;
  3. Serve as the advisor to the student conduct process;
  4. Maintain official conduct records;
  5. Monitor sanction compliance; and
  6. Coordinate the training and development of student conduct bodies.

K.  Student Organization
The term “student organization” means any group of individuals who have complied with the formal requirements for University recognition.   These groups may include, but are not limited to, athletic teams or clubs, and sororities or fraternities. 

L.  University
The term “University” means Boise State University.

M. University Official
The term “University official” includes:

  1. Any person employed by the University performing assigned administrative or professional responsibilities including but not limited to entities such as Parking and Transportation and Resident Assistants acting as University employees;
  2. Any student who is an assigned or appointed formal member of a University Conduct Body.

N.  University Premises
The term “University premises” includes all land, buildings, facilities, and other property in the possession of (or owned, used, leased, or controlled) by the University including, but not limited to, items such as adjacent streets and sidewalks, vehicles, and computers, web sites and university owned and/or operated computer networks, including wireless internet access.