Lawriter - OAC - 3335-23-04 Prohibited conduct.

3335-23-04 Prohibited conduct.

Any student found to have engaged, or attempted to engage, in the following conduct while within the university's jurisdiction, as set forth in rule 3335-23-02 of the Administrative Code, will be subject to disciplinary action by the university. For the purposes of this section, attempt shall be defined as conduct that, if successful, would constitute or result in the prohibited conduct.

(A) Academic misconduct.

Any activity that tends to compromise the academic integrity of the university, or subvert the educational process. Examples of academic misconduct include, but are not limited to:

(1) Violation of course rules as contained in the course syllabus or other information provided to the student;

(2) Knowingly providing or receiving information during examinations such as course examinations and candidacy examinations; or the possession and/or use of unauthorized materials during those examinations;

(3) Knowingly providing or using unauthorized assistance in the laboratory, on field work, in scholarship or on a course assignment;

(4) Submitting plagiarized work for an academic requirement. Plagiarism is the representation of another's work or ideas as one's own; it includes the unacknowledged word-for-word use and/or paraphrasing of another person's work, and/or the inappropriate unacknowledged use of another person's ideas;

(5) Submitting substantially the same work to satisfy requirements for one course or academic requirement that has been submitted in satisfaction of requirements for another course or academic requirement, without permission of the instructor of the course for which the work is being submitted or supervising authority for the academic requirement;

(6) Falsification, fabrication, or dishonesty in creating or reporting laboratory results, research results, and/or any other assignment;

(7) Serving as, or enlisting the assistance of a substitute for a student in any graded assignments;

(8) Alteration of grades or marks by the student in an effort to change the earned grade or credit;

(9) Alteration of academically-related university forms or records, or unauthorized use of those forms or records;

(10) Engaging in activities that unfairly place other students at a disadvantage, such as taking, hiding or altering resource material, or manipulating a grading system; and

(11) Violation of program regulations as established by departmental committees and made available to students.

(B) Endangering health or safety.

(1) Endangering behavior: Taking or threatening action that endangers the safety, physical or mental health, or life of any person, or creates a reasonable fear of such action.

(2) Stalking: Engaging in a pattern of unwanted conduct directed at another person that threatens or endangers the safety, physical or mental health, or life or property of that person, or creates a reasonable fear of such a threat or action. When stalking is sex- or gender-based, it falls under sexual misconduct.

(C) Sexual misconduct.

Sexual misconduct in any form is never acceptable. Students are responsible to know and adhere to the sexual misconduct, sexual harassment, and relationship violence policy which can be found at

(D) Destruction of property.

Actual or threatened damage to or destruction of university property or property of others, whether done intentionally or with reckless disregard.

(E) Dangerous weapons or devices.

Storage, or possession of dangerous weapons, devices, or substances including, but not limited to, firearms, ammunition or fireworks, unless authorized by an appropriate university official or permitted by a university policy, even if otherwise permitted by law. Use or misuse of weapons, devices, or substances in a manner that causes or threatens serious harm to the safety or security of others.

(F) Dishonest conduct.

Dishonest conduct, including, but not limited to, knowingly reporting a false emergency; knowingly making false accusation of misconduct; misuse or falsification of university documents by actions such as forgery, alteration, or improper transfer; submission of information known by the submitter to be false to a university official.

(G) Theft or unauthorized use of property.

Theft or attempted theft, or the unauthorized use or possession of university property, services, resources, or the property of others.

(H) Failure to comply with university or civil authority.

Failure to comply with legitimate directives of authorized university officials, law enforcement or emergency personnel, identified as such, in the performance of their duties, including failure to identify oneself when so requested; or violation of the terms of a disciplinary sanction.

(I) Drugs.

Use, production, distribution, sale, or possession of drugs in a manner prohibited under law or applicable university policy or facility policy. This includes, but is not limited to, the misuse of prescription drugs.

(J) Alcohol.

Use, production, distribution, sale, or possession of alcohol in a manner prohibited under law or applicable university policy or facility policy.

(K) Unauthorized presence.

Unauthorized entrance to or presence in or on university premises.

(L) Disorderly or disruptive conduct.

Disorderly or disruptive conduct that unreasonably interferes with university activities or with the legitimate activities of any member of the university community.

(M) Hazing.

Doing, requiring or encouraging any act, whether or not the act is voluntarily agreed upon, in conjunction with initiation or continued membership or participation in any group, that causes or creates a substantial risk of causing mental or physical harm or humiliation. Such acts may include, but are not limited to, use of alcohol, creation of excessive fatigue, and paddling, punching or kicking in any form.

(N) Student conduct system abuse.

Abuse of any university student conduct system, including but not limited to:

(1) Failure to obey the summons or directives of a student conduct body or university official;

(2) Falsification, distortion, or misrepresentation of information before a student conduct body;

(3) Disruption or interference with the orderly conduct of a student conduct proceeding;

(4) Knowingly instituting a student conduct proceeding without cause;

(5) Attempting to discourage an individual's proper participation in, or use of, a university student conduct system;

(6) Attempting to influence the impartiality of a member of a student conduct body prior to, and/or during the course of a student conduct proceeding;

(7) Harassment and/or intimidation of a member of a student conduct body prior to, during, and/or after a student conduct proceeding;

(8) Failure to comply with one or more sanctions imposed under the code of student conduct; and

(9) Influencing or attempting to influence another person to commit an abuse of a university student conduct system.

(O) Violation of university rules or federal, state, and local laws.

Violation of other published university rules, policies, standards, guidelines, or violations of federal, state, or local law. universityrules, policies, standards, or guidelines include, but are not limited to, those which prohibit the misuse of computing resources, rules for student groups or organizations, and residence hall rules and regulations.

(P) Riotous behavior.

(1) Participation in a disturbance with the purpose to commit or incite any action that presents a clear and present danger to others, causes physical harm to others, or damages property.

(2) Proscribed behavior in the context of a riot includes, but is not limited to:

(a) Knowingly engaging in conduct designed to incite another to engage in riotous behavior; and

(b) Actual or threatened damage to or destruction of university property or property of others, whether done intentionally or with reckless disregard; and

(c) Failing to comply with a directive to disperse by university officials, law enforcement or emergency personnel; and

(d) Intimidating, impeding, hindering or obstructing a university official, law enforcement or emergency personnel in the performance of their duties.

(3) This rule shall not be interpreted as proscribing peaceful demonstrations, peaceful picketing, a call for a peaceful boycott,

(Q) Recording without knowledge.

Using electronic or other means to make a video, audio, or photographic record of any person in a location where there is a reasonable expectation of privacy without the person's prior knowledge, when such a recording is likely to cause injury, distress, or damage to reputation. This includes, but is not limited to, taking video, audio, or photographic records in shower/locker rooms, residence hall rooms, and restrooms. The storing, sharing, and/or distributing of such unauthorized records by any means is also prohibited.

(R) Public urination or defecatio n.

Urination or defecation in a place such as a sidewalk, street, park, alley or yard, residence hall space, or on any other place or physical property that is not intended for use as a restroom.

Effective: 6/23/2016
Promulgated Under: 111.15
Statutory Authority: 3335
Rule Amplifies: 3335.08
Prior Effective Dates: 03/13/1978, 11/10/1979, 12/05/1981, 11/01/1982, 03/07/1987, 04/29/1989, 04/09/2001, 08/11/2003, 08/14/2006, 01/11/2008, 6/1/2012