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Student Conduct Program – Code of Conduct – Section 4


Boise State University

Student Code of Conduct

Section 4


Any student found to have committed, or attempted to commit, any of the following behaviors is subject to sanctions outlined in the Student Code of Conduct. The behavior includes, but is not limited to:

A.  Abuse of Computer Facilities and Resources
A violation may include, but is not limited to, the actual and/or attempted mistreatment, misuse, or disruption of any University computer facilities and resources, including but not limited to, those of offices, departments, colleges, and libraries.  Such behavior includes, but is not limited to, possessing passwords without proper authorization, spreading computer viruses, hacking into computer systems, downloading or sending unauthorized or illegal materials, and allowing unauthorized users to access university electronic resources.

B.  Abuse of Self or Others
A violation may include physical abuse, threats, intimidation, and/or other conduct which threatens or endangers the health or safety of any person, including one’s self.

C.  Abuse of Student Conduct Process 
A violation may include, but is not limited to:

  1. Failure to obey any notice from a university Conduct Board or university official to appear for a required meeting.
  2. Willful falsification, distortion, or misrepresentation of information during the student conduct process.
  3. Disruption or interference with a university conduct proceeding.
  4. Filing fraudulent charges or initiating a university conduct code proceeding in bad faith.
  5. Attempting to discourage an individual’s proper participation in, or use of, the student conduct system.
  6. Attempting to influence the impartiality of a member of the university conduct system prior to, and/or during the course of, any university student conduct proceeding.
  7. Harassment (verbal, physical, through use of technology) and/or intimidation of a member of a university Conduct Board or student conduct administrator prior to, during, and/or after any university conduct proceeding.
  8. Verbal, physical, or technological harassment, intimidation, and/or retaliation against a person for their exercise of rights under the Student Code of Conduct or participation in the student conduct process as a complainant, respondent, or witness.
  9. Failure to comply with any sanction(s) imposed pursuant to a student conduct proceeding.
  10. Influencing or attempting to influence another person to commit an abuse of the university conduct process.

D. Academic Dishonesty
A violation may include cheating, plagiarism, or other forms of academic dishonesty.  All assignments submitted by a student must represent her/his own work, ideas, concepts, and current understanding or must cite the original source.  Academic dishonesty includes assisting a student to cheat, plagiarize, or commit any act of academic dishonesty.  Attempts to violate academic integrity do not have to be successful to be considered academic dishonesty.  Academic dishonesty may include, but is not limited to:

  1. Stealing and/or possessing unauthorized material, including the unauthorized copying, downloading, appropriation, possession or use of the property of another, and the forgery or misuse of documents;
  2. Fabrication and falsification, including the unauthorized alteration or invention of any information or citation;
  3. Multiple submission, including the submission of substantial portions of the same assignment for credit more than once without the prior permission of all involved faculty members;
  4. Abuse of academic material, including destroying, stealing, or making inaccessible library or other academic resource material; and
  5. Complicity in academic dishonesty, including intentionally or knowingly helping or attempting to help another commit an act of academic dishonesty.
  6. Research misconduct, which includes but is not limited to, fabrication and falsification of data, and sabotage of another’s experiment.

E.  Act of Dishonesty
A violation may include, but is not limited to:

  1. Providing false information to any university official, faculty or staff member, or office;
  2. Providing false information on any university document;
  3. Forgery, alteration, or misuse of any instrument of identification whether issued by the university or by another state or federal agency, and any university document or record, or including, but not limited to, any academic transcript, academic record change forms, fee receipts, parking permits, and financial aid forms.

F.   Alcohol
A violation may include, but is not limited to, any unlawful use, possession, or distribution of alcoholic beverages and any use, possession and distribution in violation of Idaho State Law.

G.  Arson and Fire Safety
A violation may include, but is not limited to, any violation of local, state, federal, or campus fire policy, including:

  1. Intentionally or recklessly causing a fire which damages university property or personal property or which causes injury;
  2. Failure to evacuate a university-controlled building during a fire alarm, unless directed to stay in an area of evacuation assistance by a university official;
  3. Improper use of university fire safety equipment; or
  4. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on university premises.

H.  Bribery and/or Extortion
A violation may include, but is not limited to, bribery, attempted bribery, acceptance of a bribe, and/or failure to report a bribe.  Bribery includes, but is not limited to, offering money and/or some other form of payment including gifts to a member of the University community in order to influence any academic or administrative process or to influence any athletic or university event.  Extortion includes, but is not limited to, getting or attempting to get money and/or anything of value by violence, threats, and/or misuse of authority.

I.    Health and/or Safety Hazards
A violation includes creation of a health and safety hazard for any member of the university community or guest and campus visitors.  Examples of health and safety hazards include, but are not limited to:

  1. Participating in dangerous pranks;
  2. Hanging out of or climbing on windows, balconies, or roofs; or
  3. Any other conduct that creates and unreasonable risk of harm to a person or property.

J.   Destruction/Damage or Misuse of Property
A violation may include, but is not limited to, destruction, damage, or misuse of university or private property. 

K.  Discrimination
A violation occurs when an individual or group of individuals is treated adversely (for example, denied rights, benefits, equitable treatment, or access to facilities or groups open to all others) based on protected characteristics.

L.  Disorderly Conduct
A violation may include, but is not limited to:

  1. Conduct that a reasonable person would find offensive such as lewd, indecent, obscene, or profane actions;
  2. Disturbing the peace, disrupting, obstructing, or assisting or encouraging another person to do so, of any university activity, including but not limited to, teaching, research, administration, sports and recreation events, guest speakers and other presentations, and cultural events, and any behavior that causes a substantial negative effect to the living and learning environments on campus;
  3. Intentional or reckless obstruction that unreasonably interferes with freedom of movement for either pedestrians or vehicles on university premises; or 
  4. Disruptions that can be reasonably traced to a specific individual or location.

M. Official Orders
A violation may include, but is not limited to, failure to comply with directions of University officials or law enforcement officers acting in the performance of their duties and/or failure to accurately identify oneself to these persons when requested to do so. 

N.  Drugs
A violation may include, but is not limited to, the unlawful possession, manufacture, distribution, use, or sale of drugs or drug paraphernalia.  A violation may occur if the odor of a drug is present when more than one individual can reasonably trace it to a specific individual or location.

O.  Failure to Act to Protect Health and Safety
A violation may include complicity with or failure of any student or student organization to appropriately address a known or obvious violation of the Student Code of Conduct or state or federal law that poses a risk to the health and safety of any person. 

 P.   Fiscal Misconduct
A violation may include, but is not limited to:

  1. Falsification of Boise State University or student organization financial records;
  2. Any purchase and/or financial transaction made without appropriate organization membership and institutional approval, including, but not limited to, long-distance calls, copier use, signature of contracts, travel expenses, and rentals;
  3. Failure to relinquish student organization financial records to officers/advisors, and/or university/ASBSU officials;
  4. Failure to uphold the financial obligations and agreements entered into on the part of an individual or student organization;
  5. The writing of non-sufficient funds (NSF) checks to the University;
  6. Forgery; and
  7. Embezzlement.

Q.  Firearms/Weapons
A violation includes, but is not limited to the possession, wearing, carrying, transporting or use of any weapon on university owned or controlled premises, including vehicles parked on campus. There are exceptions to the general prohibition of weapons on campus, including the exception required under Idaho law enacted July 1, 2014 – the lawful carrying of concealed firearms by qualified retired law enforcement officers and enhanced concealed carry license holders. For more information, University Policy #12080 (Possession of Firearms/Weapons on University Owned or Controlled Premises) can be found online in the policy manual.

R.  Group Offenses
A violation may include, but is not limited to, actions by organizations, societies, clubs, and similarly organized groups, and the coordinated actions of three or more people, whether or not those people belong to a formally recognized group, that result in one or more violations of policy or law.  Repeated individual violations of the Student Code of Conduct may constitute a group offense if there is a nexus between the behavior and an activity or location in control of the group (for example, multiple alcohol or drug-related medical transports from or arrests made at a group-controlled property or as a consequence of a group-sponsored event over the course of a semester).

S.   Harassment
A violation may include conduct by any means that is severe, pervasive, or persistent so as to create an intimidating, hostile, or offensive environment that would cause a reasonable person substantial emotional distress and undermine his or her ability to work, study, learn or participate in regular life activities or in the activities of the university, and actually does cause the person substantial emotional distress and undermines his or her ability to work, study, learn or participate in regular life activities or in the activities of the university.  Harassing conduct may be verbal, written, visual, electronic or physical in nature, and include only one instance to be considered harassment.  Violations of this section include, but are not limited to:
1.   Verbal abuse or hostile behavior such as insulting, name calling, teasing, mocking, degrading or ridiculing another person or group, this may include comments distributed via or published on the internet;
2.   Conduct that is physically offensive, harmful, threatening or humiliating such as impending or blocking movement, leering or staring;
3.   Unwelcome or inappropriate physical contact such as kissing, hugging, pinching, patting, groping;
4.   Physical assault or stalking; or
5.   Unwelcome or inappropriate sexual advances, flirtations, propositions, requests for sexual favors, comments, questions, epithets or demands.

T.  Hazing
A violation may include, but is not limited to, any activity expected of someone joining a group or student organization (or maintaining full status in a group or student organization) or any pastime or amusement engaged in with respect to such group or organization, that causes or is likely to cause a risk of mental, emotional, and/or physical harm, regardless of a person’s willingness to participate.  Hazing activities may include, but are not limited to, abuse of alcohol during new member activities, striking another person whether by use of any object or one’s body, creation of excessive fatigue, physical and/or psychological shock, morally degrading or humiliating games, or other activities that create a risk of physical or mental harm.  Apathy or acquiescence in the presence of hazing is not a neutral act; it is a violation of the Student Code of Conduct. 

Hazing does not include practice, training, conditioning, and eligibility requirements for customary athletic events such as intramural or club sports and NCAA athletics, or similar contests or competitions; however, hazing activities occurring as a part of such athletic events or contests are prohibited. 

U.  Physical Assault
A violation may include, but is not limited to:

  1. Intentional and/or unwanted physical contact;
  2. Use of violence and/or fighting; and
  3. Attempt to harm another person.

V.  Relationship Abuse and Violence
A violation may include the use of physical, sexual, verbal, emotional, or technological abuse, or similar behaviors that a reasonable person would conclude is intended to control a partner, or harm, threaten, intimidate, or control another person in a relationship of a romantic or intimate nature, regardless of whether that relationship is continuing or has concluded or the number of interactions between the individuals involved.

W. Sexual Misconduct
Sexual misconduct can occur with any combination of genders, gender identities/expressions, and sexual orientations.  Individuals who wish to engage in any sexual activity must communicate their full intentions and consent actively.  Consent includes, but is not limited to, words, behavior or actions that a reasonable person would conclude indicates interest in engaging in any form of sexual activity with another person.  Furthermore, consent must be obtained by the person initiating activity at every stage of a sexual interaction. 

A person who knows or reasonably should have known that the other person was incapacitated may not engage in sexual contact or intercourse with that person.

A violation may include, but is not limited to:

  1. Sexual harassment: unwelcome, sex- or gender-based conduct that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies or limits a person’s ability to participate in or benefit from the University’s educational program or activities or employment, is based on power differentials (“quid pro quo”), or creates a hostile environment. Examples of sexual harassment include, but are not limited to:
    1. An attempt to coerce an unwilling person into a sexual relationship;
    2. A one-time instance or repeated instances that subject a person to unwelcome sexual attention, or unwanted comments, communications or jokes of a sexual nature or about their sexual experiences or orientation;
    3. Conduct that punishes a person for a refusal to comply with a sexual request;
    4. Conditioning a benefit on submitting to sexual advances;
    5. Threatened or actual sexual violence; and
    6. Bullying someone on the basis of sex or gender including for exhibiting what is perceived as a stereotypical characteristic for their sex or for failing to conform to stereotypical notions of masculinity and femininity, including repeated use of degrading words, gestures, or sounds to describe a person.
  2. Unwanted sexual contact (or attempts thereof): any intentional sexual contact, however slight, with any object (including body parts), by one person upon another, which is without consent.  Examples of sexual contact include, but are not limited to:
    1. Contact with the breasts, buttock, groin, or genitals, or touching of another with any of these body parts;
    2. Making another touch another person or themselves with or on the breasts, buttocks, groin, or genitals; and
    3. Bodily contact in a sexual manner, though not involving contact with breasts, buttocks, groin, genitals, mouth, or other orifice.
  3. Non-consensual sexual intercourse (or attempts thereof). Sexual activity is non-consensual when:  
    1. Any sexual intercourse, however slight, with any object, by a man or a woman upon a man or a woman, which is without consent and/or by force.  Sexual intercourse includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object or finger, and mouth to genital contact, no matter how slight the penetration or contact.
    2. When any person is unconscious, incapacitated, or physically unable to participate.  This definition includes incapacitation due to mental illness, defect, and alcohol or other drug consumption.
  4. Sexual exploitation:  non-consensual or abusive sexual behavior of another person. Examples of sexual exploitation include, but are not limited to:
    1. Invasion of sexual privacy;
    2. Prostituting of another student;
    3. Non-consensual recording in any form of a sexual activity;
    4. Duplication, distribution, or publication of a consensually made recording of a sexual activity without the consent of all parties involved in the recorded sexual act;
    5. Going beyond the boundaries of consent, including letting someone else watch a consensual sex act while hiding;
    6. For the purpose of arousing or gratifying the sexual desire of any person, knowingly viewing, photographing, or video or audio recording another person without that person’s knowledge and consent while the person being viewed, photographed, or recorded is in a place where there is a reasonable expectation of privacy;
    7. Knowingly transmitting a sexually transmitted infection to another member of the university community; and
    8. Exposing one’s genitals or inducing another to expose their genitals in non-consensual circumstances.

 X.  Stalking
Stalking is a course of conduct directed at a specific person that would cause a reasonable person to feel fear or substantial emotional distress.  For the purpose of this section, a pattern of behavior is defined as two or more incidents. Stalking behavior may include, but is not limited to:

  1. Non-consensual communication including, in-person communication, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on websites, written letters or notes, gifts, or any other communications that are undesired and/or place another person in fear;
  2. Following, pursuing, waiting, or showing up uninvited at a workplace, place of residence, classroom, or other locations frequented by the person being targeted by the behaviors;
  3. Surveillance and other types of observation, whether by physical proximity or electronic means;
  4. Trespassing;
  5. Vandalism;
  6. Non-consensual touching;
  7. Direct physical and/or verbal threats against a person being targeted or that person’s friends, family members, or animals;
  8. Gathering of information about a person from that person’s family, friends, co-workers, or classmates;
  9. Manipulating and controlling behaviors such as threats to harm oneself or threats to harm someone close to the target of the behaviors; and
  10. Defamation and slander of the person being targeted.

Y.  Theft
A violation may include, but is not limited to, taking or attempting to take another’s property—personal, public or institutional—without his/her express permission.  Includes the intentional and unauthorized taking of goods, services, and other valuables.

AA. Trespass 
Any person who has been given notice by a university official of the university’s decision to exclude him or her from all or a portion of the university premises is not licensed, invited, or otherwise privileged to enter or remain on the identified portion of the university premises unless given prior written permission by the university official who gave notice of exclusion.  A violation may include knowingly entering or remaining in or on university premises or any portion thereof after being notified of the exclusion. 

AB.     Unauthorized Entry
A violation may include, but is not limited to, any unauthorized entry—either physical or electronic, either actual or attempted—into any University facility, building, or computer system or network.   

AC.     Unauthorized Use of Recording Devices
A violation may include, but is not limited to, use of any device, electronic or not, to make a record of any person without that person’s prior knowledge or effective consent when such a recording is of a private conversation or of images made of a person at a time and place where that person would have a reasonable expectation privacy and such images are likely to cause injury or distress.

AD.     Violation of University Policy and/or Law
A violation may include, but is not limited to, violating any university policy and/or a violation of any local, state or federal law, when substantiated through the student conduct process.

Adapted from Futures Without Violence and Break the Cycle, A School Policy to Increase Student Safety.