Article III: Proscribed Conduct

A. Jurisdiction of the University Student Code of Conduct

The University Student Code of Conduct shall apply to conduct that occurs on University premises, at University sponsored activities and to off-campus conduct that adversely affects the University community, the mission of the University and/or the pursuit of University goals. Each student shall be responsible for their conduct from the time of application for admission through the actual awarding of a degree, including periods immediately before classes begin or immediately after classes end, as well as during the academic year and during periods between terms of actual enrollment. This includes conduct which occurred while a student was enrolled but discovered after a degree was awarded. The Student Code of Conduct shall apply to a student even if the student withdraws from the University while a disciplinary matter is pending. The Vice President of Student Affairs or designee shall decide when the Student Code of Conduct may be applied to incidents of misconduct occurring off campus, on a case by case basis.

B. Conduct - Policies

  1. Acts of dishonesty, including but not limited to:

        a. Furnishing false information to any University official, faculty member or office.
        b. Forgery, alteration or misuse of any University or government issued document, record or instrument of identification.                                                                                                                             c. Misrepresentation; including but not limited to misrepresentation of any University material, program or individual.

  2. Disruption, tampering, misuse, or obstruction of teaching, research, administration, and other University activities including student organization elections, public service functions, or of other authorized non-University activities and services.
  3. Inappropriate treatment of others, including but not limited to:

        a. Causing physical harm to others
        b. Verbal abuse
        c. Behavior that is threatening
        d. Behavior that is intimidating
        e. Harassment
        f.  Behavior that is coercive
        g. Behavior that endangers the health or safety of any person

  4. Theft, Damage, Vandalism, or Littering, including but not limited to:

        a. Theft, defined as attempted or actual theft of property of the University or property of a member of the University community or other personal or public property, on or off campus.
        b. Damage, defined as attempted or actual damage to property of the University or property of a member of the University community or other personal or public property, on or off campus.            c. Vandalism, defined as attempted or actual disfiguring or defacing of University property or a property of a member of the University community or other personal or public property, on or off campus.                                                                                                                                                                 d. Littering, defined as leaving garbage or other unwanted items on University property or other public spaces.

  5. Hazing is defined as an act which endangers the health or safety of a student, or causes or creates a substantial risk of causing mental or physical harm, including coercing another to consume alcohol or a drug of abuse as defined in section 3719.011 of the Revised Code, or and act which destroys or removes public or private property, for the purpose of initiation, admission, affiliation, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are a violation of this policy. Also refer to Ohio Senate Bill 126.
  6. Failure to comply with directions of University officials or law enforcement officers acting in performance of their duties, including but not limited to:                                                                               a. Failure to identify oneself to these persons when requested to do so.                                                b. Noncompliance with a No Contact Directive, Persona non Grata or other University Directive.
  7. Unauthorized Access:                                                                                                                                               a. Unauthorized possession, duplication or use of keys, student identification cards or other means of access, to any University premises.                                                                                                 b. Unauthorized entry or attempted entry to or use of University premises.                                           c. Contributing to or participating in the unauthorized entry of individual(s) into a student room or building facility.
  8. Violation of any University policy, rule or regulation.
  9. Violation of any federal, state or local law.
  10. Drugs, narcotics or other controlled substances except as expressly permitted by federal, state and local laws or University policies (medical marijuana is not permitted on University property as it is prohibited by law):

        a. Use of drugs, narcotics or others controlled substances
        b. Possession of drugs, narcotics or other controlled substances
        c. Use of any substance with the intention of causing illness or injury
        d. Manufacturing of drugs, narcotics or other controlled substances
        e. Distribution of drugs, narcotics or other controlled substances
        f.  Possession or use of drug paraphernalia; items that a reasonable person would believe are used in conjunction with drugs, narcotics or other controlled substances.

  11. Alcohol Policy

        a. Use of alcohol by an individual under the legal drinking age
        b. Possession of alcohol by an individual under the legal drinking age
        c. Distribution of alcohol to any individual under the legal drinking age
        d. Public intoxication by any individual
        e. Use or possession of alcohol in a public space
        f.  Use of alcohol leading to illness or injury
        g. Use or possession of bulk quantity or common sources of alcohol including but not limited to kegs, large open containers, or a large number of individual servings likely for use as a common source.
        h. Participating in drinking games or other high-risk behavior including funneling
        i.  Use or possession of alcohol in any buildings or floors designated as First Year Experience living spaces except resident rooms where all assigned residents of the room are of legal drinking age.
        j   Violation of other University alcohol policy.
        k. Use or possession of alcohol by any individual in substance-free University housing .

  12.  CWRU Tobacco-Free policy – CWRU prohibits the use of tobacco products at all times on campus property. "Tobacco” refers to any product containing tobacco in any form. Tobacco products include, but are not limited to, cigarettes (clove, bidis, kreteks, e-cigarettes); cigars and cigarillos; pipes; all forms of smokeless tobacco; any other smoking devices that use tobacco, such as hookahs; and any other existing or future smoking, tobacco or tobacco-related products. “CWRU Property” refers to all interior space owned, rented or leased by CWRU and all outside property or grounds owned or leased by CWRU, including parking areas and private vehicles while they are on CWRU property and CWRU vehicles.
  13. Guest Responsibility - Students are responsible for the behavior of their guests when on University property or at any event sponsored by or affiliated with the University. Students may be held accountable for violation of any policy by guests. Students who do not make reasonable efforts to inform guests of policies and control guest behavior will be more likely to be responsible for a violation. The University may take action with guests including but not limited to enacting a ban from campus or filing criminal charges. The definition of guests includes but is not limited to, any person, including other students, that a student allows into their room, residence hall or to campus, and/or any person that would be considered the guest of a student by a reasonable person. With approval of all roommates/suitemates, overnight guests may be accommodated in residence facilities for a maximum of three (3) consecutive nights.
  14. Weapons Policy - Possession or use of any item considered a weapon, or part of a weapon, on University premises is strictly prohibited. Having any such item mailed, delivered or otherwise sent to any University premises is also considered a violation. This includes but is not limited to:

        a. Firearms of any kind
        b. Knives/Swords/Other sharp weapons
        c. Explosives/Ammunition
        d. Dangerous Chemicals
        e. Kitchen utensils not used for their intended purpose
        f.  Blunt weapons
        g. Tasers, Mace, Pepper Spray
        h. Simulated Weapons (e.g. airsoft or BB guns)
        i.  Athletic Equipment not used for intended purpose

    Ohio SB 199 Guidance

  15. Participating in a demonstration, riot or activity that unreasonably disrupts the normal operations of the University and/or infringes on the rights of other members of the University community; leading or inciting others to significantly disrupt scheduled or normal activities.
  16. Gambling - Any kind of betting, gaming or competition where money or other items of value are at stake. This may exclude some raffles, philanthropy events or other events approved by the appropriate university office.
  17. Conduct that is:

        a. Disorderly
        b. Lewd
        c. Indecent
        d. Breach of peace
        e. Violation of residence hall quiet hours or courtesy hours. Quiet hours are in effect: Sunday - Thursday: 11:00pm - 10:00am, Friday - Saturday: Midnight - 10:00am. Courtest hours are in effect 24 hours every day.
        f.  Aiding, abetting, or procuring another person to breach the peace.
        g. Solicitation of materials, services, or commercial activities of any type in residence facilities without written permission or registration from the appropriate office.
        h. Making an audio, video, photographic or other record of any person while on university premises or at any event sponsored by or affiliated with the university without prior knowledge or effective consent when such a recording may cause harm, injury or distress.
        i.  Creating/distributing pornographic material on university premises or at any event sponsored by or affiliated with the university or that uses university property or resources.
        j.  Hall Sports - participating in unapproved physical recreational activities inside a residence hall.                                                                                                                                                                        k. Violation of any University Service Animal, Assistance Animal, Pet Policy or other policy related to companion or support animals.                                                                                                   l. Endangering, cruelty, neglect or harm to a companion, service or assistance animal.

  18. Violation of the university fire safety policy including, but not limited to:
        a. Setting a fire/Arson
        b. Sounding a false alarm
        c. Falsely reporting fire, bomb threats, serious injury, or any other emergency
        d. Intentionally or negligently activating a fire alarm when no fire is present
        e. Tampering with a fire alarm pull station or fire suppression system
        f. Using a fire extinguisher in a non-emergency situation
        g. Not evacuating the building during a fire alarm
        h, Tampering with a smoke/particle detector; sprinkler heads, or other fire safety equipment
        i.  The blocking of any inside or outside exit, fire doors, corridors, hallways or tampering with self-closing mechanisms.
        j. Use or possession of any CWRU Office of Environmental Health & Safety, Fire Safety Prohibited Items.
  19. Technology - Theft or other abuse of computer facilities and resources including but not limited to:                                                                                                                                                                       a. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.               b. Unauthorized transfer of a file.
        c. Use of another individual's identification and/or password.
        d. Use of computing facilities or technology resources that disrupts or interferes with the work of another student, faculty member or University official.
        e. Use of computing facilities and resources to send obscene or abusive messages.
        f.  Use of computing facilities and resources that interfere with normal operation of the University computing system.
        g. Use of computing facilities and resources in violation of copyright laws.
        h. Any violation of the University's Acceptable Use of Information Technology Policy (AUP) or any other University technology policy.
  20. Abuse of conduct system, including but not limited to:

        a. Failure to obey a notice from a conduct board or University official to appear for a meeting or hearing as part of any student conduct system.
        b. Falsification, distortion, or misrepresentation of information before any student conduct board.
        c. Disruption or interference with the orderly conduct of any University disciplinary process.
        d. Participating in a student conduct code meeting, hearing or other disciplinary process in a way that is dishonest.
        e. Attempting to discourage an individual's proper participation in, or use of the student conduct system.
        f.  Attempting to influence the impartiality of a member of a hearing board prior to, and/or during the course of, the hearing board process.
        g. Retaliation, harassment, or intimidation of any individual related to their participation in any University disciplinary process.
        h. Failure to comply with the sanction(s) imposed under the student code.
        i.  Influencing or attempting to influence another person to commit an abuse of the Code of Conduct or processes associated with it.

C. Violation of Federal, State and/or Local Law and University Discipline

  1. University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and the Code of Conduct (that is, if both possible violations result from the same factual situation or incident) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this student code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Vice President of Student Affairs or a designee. Determinations made or sanctions imposed under this student code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of the criminal law defendant.
  2. When a student is charged by federal, state or local authorities with a violation of law, the University will not request or agree to special consideration for the individual because of their status as a student. If the alleged offense is also being processed under the Student Code of Conduct, the University may advise off-campus authorities of the existence of the student code and of how such matters are typically handled within the University community. The University will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that conditions do not conflict with campus rules or sanctions). Individual students and other members of the university community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

Last Updated: August 18, 2023