C. Personal Misconduct. Students are responsible for their behavior, and are expected to respect the rights and dignity of others both within and outside of the university community.
The university may discipline a student or student organization for acts of personal misconduct that occur on or off university property. For purposes of this Code, university property includes the grounds, academic and administration buildings, residence halls, athletic and recreational facilities, and university- serviced property, such as sororities and fraternities. The university also may discipline a student or student organization for acts of personal misconduct that occur off campus when they are associated with or affect university activities or undermine the security of the university community, the integrity of the educational process, or pose a threat to self or others. Personal misconduct includes:
- Acts of fraud, misrepresentation, or dishonesty, including the following:
- Forgery, alteration or misuse of documents, records, identification, or other materials;
- Knowingly furnishing false, forged, or inappropriately altered information to the university, any university official, or emergency response personnel;
- Intentionally misrepresenting yourself, including but not limited to: representing yourself as the university, any university official, your status at the university, or using the university’s brand without permission;
- Possession, use, manufacture, or distribution of identification cards or devices that are false or fraudulent or that misrepresent an individual’s identity, age, or other personal characteristics, including using another individual’s identification;
- Assuming another person’s identity or role through deception or without proper authorization, including communicating or acting under the guise, name, identification, e-mail address, signature, or other indications of another person or group without proper authorization or authority.
- Knowingly initiating, transmitting, filing, or circulating a false report, warning, or threat concerning an act of violence, a catastrophe, a fire, or other emergency; or transmitting such a report to an official or an official agency such as IU Police or local law enforcement.
- Unauthorized access to, release, or use of any information technology or other university equipment or facilities.
- Conduct that is obscene.
- Disorderly conduct, whether in person or virtual, that disrupts teaching, research, administration, or other university activity and/or disrupts the university community and its members.
- Actions that endanger, or aid in the endangerment of, one’s self or others, or the educational process.
- Failure to comply with the directions of authorized university officials in the performance of their duties, including, but not limited to: failure to identify oneself when requested to do so; failure to comply with the terms of a conduct outcome or process; or refusal to vacate a university facility when directed to do so.
- Unauthorized entry, trespass, use, or occupancy of facilities or property.
- Intentionally obstructing or blocking access to university facilities, property, or programs.
- Theft or the unauthorized taking, possession, or use of property or services.
- Damage to, destruction of, or tampering with property belonging to others.
- Arson, the unauthorized setting of fires, or the unauthorized use of or interference with fire equipment and emergency personnel.
- Unauthorized possession, use, manufacture, distribution, or sale of fireworks, incendiary devices, or other explosives.
- Possession, use, sale or distribution of any weapon or any item used as a weapon on university property or at university-affiliated events, as defined in university policy PS-03, Possession of Firearms and Weapons.
- Harassment, including the following:
- Sexual harassment as defined in UA-03, Discrimination, Harassment, and Sexual Misconduct;
- Discriminatory harassment on any basis protected by UA-01, Non-Discrimination/Equal Opportunity/ Affirmative Action, and UA-02, Americans with Disabilities Act;
- Harassment, not otherwise specified, defined as unwelcome or unwanted conduct that is persistent, severe, or pervasive, and impacts a student’s ability to access their education, or an individual’s personal safety, academic efforts, employment, or participation in university-sponsored programs or activities. This behavior includes, but is not limited to: direct or indirect written, verbal, physical, or electronic action or inaction.
- Engaging in or encouraging retaliation against, or any behavior or activity that threatens or intimidates, any potential participant in a conduct process or a process under UA-03, Discrimination, Harassment, and Sexual Misconduct.
- Bullying, defined as overt, unwanted and repeated acts or gestures, including verbal or written communications or images transmitted in any manner, physical acts, aggression, or any other behaviors, that are committed by a student or group of students toward an individual, that are likely to or that do harass, ridicule, humiliate, intimidate, or harm the targeted individual, and which:
- Places the targeted individual in reasonable fear of harm to the targeted individual’s person or property;
- Has a substantially detrimental effect on the targeted individual’s physical or mental health, employment, or academic performance; or
- Substantially interferes with a member of the university community’s ability to participate in or receive benefits, services, or opportunities from a university-sponsored program or activity.
- Stalking.
- Based on sex or gender as defined in UA-03, Discrimination, Harassment, and Sexual Misconduct.
- Not based on sex or gender, which is defined as a knowing or intentional course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person in similar circumstances to feel terrorized, frightened, intimidated, or threatened. The term does not include statutorily or constitutionally protected behavior. Course of conduct means two or more acts, including, but not limited to, acts in which the respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- Hazing. Hazing is defined as any conduct or threats of conduct that subject another individual, whether physically, mentally, emotionally, or psychologically, to anything that may endanger, abuse, degrade, or intimidate the individual, as a condition of association with a team, group or organization, regardless of the individual’s consent or lack of consent. This behavior includes, but is not limited to, direct or indirect written, verbal, physical or electronic actions or inactions. Both individual students and student organizations, including fraternities and sororities, may be disciplined for acts of hazing.
- Physical abuse of any individual, or acting with violence, including the following:
- The use of physical force or violence to restrict the freedom of action or movement of another individual or group, or to endanger the health or safety of another individual;
- Physical behavior that involves an express or implied threat to, or has the purpose or reasonably foreseeable effect of interfering with, an individual’s or group’s personal safety, academic efforts, employment, or participation in a university-sponsored program or activity, or that causes the individual to have a reasonable apprehension that such harm is about to occur;
- Any action toward any person, animal or property that harms or causes reasonable fear of harm, to such person, animal or property;
- Sexual assault as defined in UA-03, Discrimination, Harassment, and Sexual Misconduct;
- Physical abuse that constitutes dating or domestic violence as defined in UA-03, Discrimination, Harassment, and Sexual Misconduct.
- Verbal abuse of another individual, including:
- An express or implied threat to:
- Interfere with an individual or group’s safety, academic efforts, employment, or participation in university-sponsored program or activity, and that under the circumstances causes the individual to have a reasonable apprehension that such harm is about to occur; or
- Injure that individual or damage their property.
- Verbal abuse that constitutes dating or domestic violence as defined in UA-03, Discrimination, Harassment, and Sexual Misconduct.
- An express or implied threat to:
- Unauthorized possession, use, manufacture, or supplying of alcoholic beverages to others contrary to law or university policy, including but not limited to:
- Public intoxication;
- Possession or use of alcoholic beverages by an individual under the age of 21;
- Supplying alcoholic beverages to an individual under the age of 21;
- Operating a motor vehicle under the influence of alcohol;
- Student organization serving or allowing possessing of alcoholic beverages contrary to law or university policy at student organization functions or on organization-operated property or leased facilities, on or off campus. Individual students who plan, sponsor, or direct such functions also may be subject to discipline.
- Unauthorized possession, manufacture, sale, distribution, or use of illegal drugs or any controlled substance, including but not limited to:
- Possession or use of any illegal drug or unauthorized controlled substance;
- Being under the influence of illegal drugs or unauthorized controlled substances;
- Operating a motor vehicle under the influence of illegal drugs or unauthorized controlled substances;
- Sale, distribution or supply of illegal drugs or unauthorized controlled substances;
- Manufacture of illegal drugs or unauthorized controlled substances;
- Unauthorized possession of drug paraphernalia on campus property.
- A violation of any state, federal, or foreign law, based on the outcome of a criminal, civil, or administrative action, or foreign jurisdiction.
- Using university logos, property or resources, or implying university endorsement, to operate a business or to sell or solicit sales of goods, whether online or in physical form, except in the course of an authorized activity, pursuant to FIN-PURCH-12, Non-Solicitation on Campus and FIN-LT-01, Licensing and Trademark Policy.
- Engaging in conduct in violation of UA-03, Discrimination, Harassment and Sexual Misconduct Policy not otherwise covered in this section.
- Violation of other disseminated university regulations, policies, or rules, including but not limited to university information technology policies, residence hall policies, tobacco free campus policies, recreational sports facility policies, and temporary or emergency policies.