Prohibited Conduct

Any student or organization found to have committed one or more of the following acts of prohibited conduct will be subject to sanctions. The standard of proof in determining whether a student or organization has violated the Code is the preponderance of the evidence[1].

 

1)     Falsification, forgery, unauthorized alteration or misuse of university documents, records, keys, locking mechanisms, security measures, or student identification.

2)     Disruption, obstruction or material interference with the process of instruction, research, or administration or any other service or activity provided or sponsored by the university.

3)     Lying, furnishing false information, withholding of information or misrepresentation to any university office or faculty, staff or administrator, whether oral, written or electronic.

4)     Damage, destruction, theft, or misuse of property belonging to the university, or a member or guest of the university.

5)     Unauthorized entry, use, or abuse of university owned or controlled property, facilities, equipment or resources (e.g. telephone equipment, computer access lines, mail services, telecommunication resources, etc.).

6)     Physical or verbal abuse, threats, intimidation, harassment, or other conduct that threatens or endangers any person or causes reasonable apprehension of such harm. This includes the use of e-mail, social media, or other technological means of communication.

7)     Aiding, and abetting another in a violation of the Code.

8)     Lewd or indecent conduct.

9)     Sexual Misconduct (For complete policy and procedures see: Sexual Misconduct Policy for Students and Sexual Misconduct - Resolution Procedures for Students).

        a.  Sexual or Gender-Based Harassment - Any unwelcome sexual advance, request for sexual favors, or other unwelcome verbal, physical, or other conduct of a sexual or gender-based nature when the condition outlined in i. or ii. below is present.

                                          i.    Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, evaluation of academic work, or participation in programs or activities or is used as the basis for decisions affecting the individual; or

                                         ii.    Such conduct has the purpose or effect of creating a hostile environment. A “hostile environment” exists when the conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the university’s employment, academic or social environment. In evaluating whether a hostile environment exists, the university will consider the totality of known circumstances.

          1.       The effect will be evaluated based on the perspective of a reasonable person (objective perspective) with similar identities and circumstances in the position of a claimant (subjective perspective).
          2.       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 sexual or gender-based harassment may create a hostile environment.   

        b.  Sexual or Gender-Based Stalking (including Cyber-Stalking) – A course of conduct (more than one behavior) targeted at an individual by an individual or group using various forms of contact to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion that would cause a reasonable person with similar identities and circumstances to feel harassed or afraid, or cause fear for or by a third party.

        c.  Interpersonal Violence (including Dating and Domestic Partner Violence) – Harm or threat of harm by a current or former partner or spouse, or a person who is or has been in a social relationship of a romantic or intimate nature. The harm or threat of harm can involve physical, sexual, psychological, economic, emotional, or other aspects.

        d.  Sexual Exploitation – Taking non-consensual or abusive sexual advantage of another person for one’s own or another’s advantage or benefit.

                                          i.    Non-Consensual Sexual Contact (or attempt) – Any intentional sexual contact that occurs without consent or capacity to give consent or by use of force. Sexual contact includes contact with or touching of a person’s intimate parts (including genitalia, groin, breast, or buttocks, or clothing covering any of those areas), or using force to cause a person to touch their own or another person’s intimate parts.

        e.  Non-Consensual Sexual Intercourse (or attempt) – Penetration of the vagina or anus with any object or body part, or oral copulation (mouth to genital contact or genital to mouth contact) without consent or capacity to give consent or by use of force.

        f.  Retaliation – Any adverse action taken against a person making a complaint of sexual misconduct, cooperating in an investigation or hearing of alleged sexual misconduct, or against any individual perceived to be involved in reporting, in an investigation, or hearing of sexual misconduct. Retaliation includes but is not limited to, confirmed or implied behaviors or actions (including electronic or on-line activity) which intimidate, threaten, or harass, or result in other adverse actions threatened or taken. An individual reporting sexual misconduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not substantiated based on the available evidence. Retaliation does not include good faith actions lawfully pursued in response to a report of prohibited conduct.

10)  Harassment - Behavior that is so severe, persistent, or pervasive that it interferes with or limits a person’s ability to participate in or benefit from the university’s educational or employment opportunities, programs or activities; includes harassment on the basis of sex, race, color, cultural background, national origin, religion, political creed, marital status, veteran status, actual or perceived sexual orientation, gender identity, gender expression, pregnancy, disability, or age.

        a)  Bullying (including cyber-bullying), a form of harassment, is abusive treatment (may be verbal, physical, written, or otherwise), the use of force or coercion to affect others, particularly when patterned and involving an imbalance of power (real or perceived); or

        b)  Stalking (including cyber-stalking), a form of harassment, refers to repeated harassing or threatening behavior by an individual using various forms of contact to pursue, harass, or to make unwelcomed contact with another person in an unsolicited fashion. Any unwanted contact between two people that directly or indirectly communicates a threat or places the recipient of the contact or a third party, such as a roommate or friend, in fear, can be considered stalking.

11)  Possession, use, or threatened use of firearms, ammunition, explosives, or use of any object as a weapon on university property or at university-sponsored activities (see: Firearms/Weapons Policy)

12)  Illegally possessing, using, distributing, manufacturing or selling drugs or controlled substances including but not limited to used drug paraphernalia or prescription drugs; being present or remaining in an area where illegal drugs or controlled substances are being consumed or used. Marijuana in all forms, including edibles and extracts, whether for recreational or medicinal uses remains prohibited within all university owned or controlled facilities, property, and programs.

13)  Violation of the university Alcohol Policy.

14)  Disruptive behavior (including disorderliness resulting from intoxication), unreasonable noise or behavior which results in material inconvenience, annoyance or alarm. Disruptive behavior includes 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 or permission in each instance, when such a recording is likely to cause injury, distress, or damage to reputation. The storing, sharing, or distributing of such unauthorized records by any means is also prohibited. Faculty members have the right to control the classroom environment and to permit or deny permission to do electronic video or audio recording at their discretion.

15)  Hazing (see: Hazing – Policy and Procedures for Students) Any conduct that subjects another person to humiliation, degradation, abuse, intimidation, harassment, or endangerment of mental or physical health or safety as a condition of association with a group, regardless of the person’s willingness to participate. Acts of hazing by groups, individuals, or alumni are prohibited. Apathy or acquiescence in the presence of hazing is not a neutral act but a violation of the hazing policy.

16)  Violation of Fire Safety Policies or Procedures – misuse or tampering of fire safety equipment or engaging in behavior which constitutes a fire safety hazard.

17)  Students have a continuing duty to report any arrest, plea of guilty or "no contest," or conviction of any crime or traffic violation (except parking citations). The report must be made to the Director of Campus Safety within five business days after the arrest, plea of guilty or "no contest," or conviction occurs. Information regarding any such incident will be evaluated by the university's Behavior Review Team and may result in action through the conduct process. Disclosure is required whether the crime occurred in or outside of Oregon. Failure to report this information may constitute grounds for immediate dismissal from the university.

18)  Failure to comply with directions of university officials acting in performance of their duties, or failure to identify oneself to these persons when requested to do so.

19)  Failure to comply with the terms of any agreement or sanction imposed in accordance with the Code of Student Conduct.

20)  Failure to abide by any published university policy or procedure, applicable local, state, or federal laws including, but not limited to: Housing policies, contracts, and leases; Computer Lab polices; Information Technology Policies,  Parking Regulations; Academic Policies, etc.).



[1] Preponderance of Evidence – Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.