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Prohibited Conduct

A. Alcoholic Beverage Violation

The University is committed to cultivating an environment that is safe for all of its members by providing education and resources that promote healthy lifestyles and responsible decision-making. All community members are encouraged to learn the risks associated with consuming alcohol and other drugs while seeking to minimize the harm to self and others caused by the misuse and abuse of these substances. 

Students are expected to abide by federal and Oregon laws regarding the purchase, use, and distribution of alcohol and other drugs. The University must comply with local, state, and federal regulations regarding alcohol and other drugs and is required by the Drug Free Schools and Communities Act to address students’ alcohol and drug-related behavior. Impairment of a student’s judgment resulting from alcohol or other substance use shall not relieve a student of responsibility.

Alcoholic beverages may be possessed and consumed on campus by students and visitors of legal drinking age (21) and only in designated spaces. Designated spaces include residence hall rooms where the room occupant and their guest(s) are 21, and in non-residential spaces at registered events that have been approved by the Alcohol Review Committee.

Behavior that violates the University alcohol policy includes, but is not limited to:

  1. Use and/or possession of alcoholic beverages except as expressly permitted by law and University policy This includes, but is not limited to, the underage possession or consumption of alcohol.
  2. Selling, manufacturing, distributing, or furnishing of alcoholic beverages except as expressly permitted by Oregon law and University policy. This includes, but is not limited to providing alcohol to a person under the legal drinking age.
  3. Possession of common source containers. Unless explicitly approved in advance in writing by the Division of Student Affairs for a particular occasion, a Student or Student Organization or group cannot possess or use kegs, mini kegs, or other common source containers of alcoholic beverages, such as trash cans, tubs, or similar containers of alcohol, when such possession or use occurs on campus, in residence hall rooms, in the housing of any Willamette organization or group, or in connection with a University activity.
  4. Regardless of the age of those involved, facilitating, arranging, or participating in any extreme alcohol consumption game or activity that constitutes, facilitates, or encourages competitive, rapid, or excessive consumption of alcohol when such activity occurs on campus, in the housing of any Willamette University organization or group, or in connection with a University activity.
  5. Furnishing or causing to be furnished any alcoholic beverage to any person in a state of noticeable intoxication.
  6. Misconduct under the influence of alcohol including but not limited to operating a vehicle under the influence, disorderly conduct by intoxication, and public intoxication.
  7. Failure of a student organization to take all necessary steps to ensure that no person under the legal drinking age possesses alcoholic beverages at functions it sponsors or within any property or transportation it owns, operates, and/or rents.

B. Controlled Substance and/or Drug Violations

  1. Use and/or possession of cannabis is legal in Oregon for those over 21 years of age, however, any possession of cannibas or other drugs is prohibited per the Drug Free Schools and Communities Act. Therefore, use and/or possession of:
    1. cannibas or substances derived from cannibas is prohibited, except as expressly permitted by law
    2. other substances is prohibited except as expressly permitted by law
    3. drug related paraphernalia is prohibited except as expressly permitted by law
  2. The abuse, misuse, sale, or distribution of prescription or over the counter medication.
  3. Manufacture, distribution, sale and/or offer for sale of any controlled substance or drug, except as expressly permitted by law.
  4. Intentionally or recklessly inhaling or ingesting substances (e.g. nitrous oxide, glue, paint, etc.) that will alter a person’s state of mind.
  5. Misconduct under the influence of a controlled substance, including but not limited to operating a vehicle under the influence, disorderly conduct by intoxication, and public intoxication.

C. Dishonesty

Cheating, plagiarizing, or other forms of academic dishonesty are adjudicated within the policies of the respective academic programs: See CAS Plagiarism and Cheating Policy, AGSM Honor Code, Academic Honesty and Professional Behavior and College of Law Honor Code as stated in the College of Law Handbook and, at PNCA, contact the PNCA Academic Dean. Below are the forms of dishonesty that are adjudicated via the Conduct Review Process.

  1. Possession, use or furnishing false information to any University official or faculty member acting within the scope of their duties, including residence life staff, conduct officers, investigators, or hearing authorities.
  2. Forging, altering, or misusing any University documents, records, keys, security measures or instrument of identification.
  3. Withholding of information or misrepresentation to any University office or faculty, staff or administrator, whether oral, written or electronic.
  4. Manufacture, distribution, or sale of false identification.
  5. Unauthorized transferring, lending, borrowing or altering University identification.

D. Disruptive Conduct

  1. Conduct that substantially and materially disrupts or interferes with University operations including but not limited to teaching, research and/or administrative activities which occur on or off campus.
  2. Causing, inciting, or participating in any disturbance that presents a clear and present danger to others, causes physical harm to others, or damage and/or destruction of property, including but not limited to participating in or inciting a riot.
  3. Failure to comply with lawful orders of University officials or law enforcement officers acting within the scope of their job duties (including residence life staff, conduct officers, investigators or hearing authorities).
  4. Making or holding a recording, through any means over any medium, of any academic activity, including but not limited to a recording of a class, without express authorization from Faculty. Students registered with the Accessible Education Services who are provided reasonable accommodations that include allowing such Recordings must inform Faculty before making such Recordings.
  5. Misuse and/or tampering with any University safety equipment including but not limited to firefighting equipment, fire alarms, smoke detectors, blue light phones, etc.
  6. Disorderly conduct, which may include, but is not limited to, public urination, lewd gestures, or disturbing the peace
  7. Driving under the influence of alcohol, drugs, or other mind-altering substance. Operation of a motor vehicle while Impaired by drugs, alcohol, or other mind-altering substance or while having an unlawful blood or breath alcohol level.
  8. Performance art involving live sexual contact is prohibited.
  9. Performance art involving the capture, confinement, physical harm, drugging or endangerment of living animals is prohibited.

E. Harmful Behavior

*(For sex or gender-based harmful behavior see Section F for the Non-Title IX sexual or gender-based misconduct or the Title IX policy)

  1. Bullying/Hostile Environment (Non Sex or Gender-Based)*: Engaging in conduct (including any gesture, written, verbal or physical act, or any electronic communication (e.g., e-mails, text messages, and internet postings on websites or other social media)), that is directed at a person(s), and that has the effect of creating a hostile environment for that person(s). A hostile environment means unwelcome conduct (including written or electronic communication) that is so severe or pervasive, and objectively offensive that it substantially interferes with the ability of a person to work, learn, live or participate in, or benefit from the services, activities, or privileges provided by the University.
  2. Harm to Person or Property: Causing physical harm, intimidation, or threat of physical or emotional harm or threat to another person's safety or property, academic pursuits or participation in activities sponsored by the University or organizations or groups related to the University; or reckless but not accidental action that poses a reasonable risk of physical harm to others.
  3. Harm to Reputation: Oral or written publication of a false statement of fact that exposes the person about whom it is made to hatred, contempt, or ridicule; subjects that person to loss of the good will and confidence of others; or so harms that person’s reputation as to deter others from associating with that person.
    1. NOTE: This does not include the good faith documentation of a possible policy violation or good faith journalistic reporting in the absence of negligence or recklessness.
  4. Harm to Legitimate Expectation of Privacy:
    1. Unauthorized making of an explicit or objectively offensive recording (including but not limited to photographs, video, and/or audio) of another person.
    2. Unauthorized display, publication, transmission, or other dissemination (including via the Internet) of explicit or objectively offensive recordings (including but not limited to photographs, video, and/or audio) of another person. Consent to be recorded does not imply consent for such records to be displayed, published, transmitted, or otherwise disseminated.
    3. Unauthorized intrusion upon a person’s private property or communications.
    4. Unauthorized appropriation and/or use of someone’s identifying or personal data or documents.
  5. Stalking (Non Sex or Gender-Based)*: A course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or that would cause a reasonable person to suffer substantial emotional distress. A “course of conduct” is defined as: two or more acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means engages in the following behaviors: follows, monitors, observes, surveils, threatens, or communicates to or about a person; or interferes with a person's property. Examples include: sending unwanted emails, texts, letters, or gifts; asking someone or someone's acquaintances where they are or where they are going; repeatedly calling someone on the phone; using the internet to threaten someone; appearing at someone's class or workplace without a legitimate reason.

F. Non-Title IX Sexual or Gender-based Misconduct

This policy applies to complaints of sexual harassment and other sexual or gender-based misconduct that does not meet the scope or jurisdiction as outlined in the Department of Education’s Title IX Regulations, published May 19, 2020 which applies a narrow category of cases to Title IX.

If Title IX is applicable, charges and procedures under this section of the student code of conduct will be addressed through the Title IX policy and Procedures.

Relevant Definitions for Sexual and Gender-based Misconduct

Consent - The University defines consent as “an informed agreement between participants to willingly and actively participate in sexual activity established through continuous communication using mutually understandable words or actions that create clear permission.”

Consent as defined above may be also considered in light of the following:

  • It is the responsibility of all parties to obtain consent prior to sexual activity and to ensure consent is conveyed throughout the entirety of the experience.
  • The use of force or coercion, whether actual or inferred, immediate or future, physical harm, threat, or intimidation may invalidate consent.
  • Silence, or a lack of physical or other resistance on the part of a participant, does not itself constitute consent.
  • If any participant communicates a desire to end a sexual activity or withdraws consent, it should be stopped immediately.
  • The use of alcohol or other drugs by any participant does not change the need to obtain consent for sexual activity.
  • Incapacitation can be a result of a mental or physical condition or state (such as being asleep), a voluntary or involuntary consumption of alcohol, or other drugs.
  • Consent cannot be given by someone who is under the age of 18 years of age unless where allowed by law (Ore. Rev. Stat. § 163.345 (2018).
  • Consent cannot be given by someone who is known to be or should have known to be mentally or physically incapacitated.
  • Consent is required regardless of current or previous dating relationship or history of sexual contact between participants.

Coercion - the use of an unreasonable amount of pressure to gain sexual access. Coercion is more than an effort to persuade, entice, or attract another person to engage in sexual behavior. When a person makes a clear decision not to participate in a particular form of sexual contact or sexual intercourse, a decision to stop, or a decision not to go beyond a certain sexual interaction, continued pressure can be coercive. In evaluating whether coercion was used, the University may consider factors including:

  1. the frequency of the application of the pressure;
  2. the intensity of the pressure;
  3. the degree of isolation of the person being pressured; and
  4. the duration of the pressure.

Force - Force includes the use of (a) physical violence, (b) threats, (c) intimidation, or (d) coercion.

Incapacitation - occurs when an individual lacks the ability to knowingly choose to participate in sexual or other conduct. A person who is incapacitated cannot make a rational, reasonable decision because the person lacks the ability to understand their decision.

  • Incapacitation may be associated with a person lacking consciousness; being asleep; being involuntarily restrained; or having a disability or condition that impedes consent.
  • Under Oregon State law, a person under the age of 18 lacks the capacity to give consent.
  • Whether misconduct with an incapacitated person constitutes misconduct depends on whether the respondent knew or should have known of the complainant’s incapacitation, based on objectively and reasonably apparent indications when viewed from the perspective of a sober, reasonable person in the respondent’s position.
  • Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.

See the following for additional information on how drugs and alcohol can affect consent and which may be considered in analyzing incapacitation.

In evaluating whether a person is incapacitated due to the consumption of alcohol, drugs or intoxicants:

  1. Whether the individual understood the “who, what, when, where, why or how” of the sexual conduct; and
  2. How the individual was physically affected by the consumption of alcohol or drugs, which may include, but is not limited to, warning signs such as having slurred or incomprehensible speech, vomiting, unsteady gait, imbalance, bloodshot eyes, combativeness, emotional volatility, or notable change in personality.

How drugs and alcohol affect consent may be considered:

  • The use of alcohol or other drugs is never an excuse for committing misconduct and never diminishes anyone’s responsibility to obtain informed and freely given consent.
  • The use of alcohol or other drugs never makes someone at fault for experiencing gender-based misconduct.
  • The impact of alcohol and other drugs varies from person to person and there is no specific amount of alcohol or drugs consumed that leads to incapacitation.
  • Another effect of alcohol consumption can be memory impairment or forgetting entire or partial events (sometimes referred to as “blackout” or “brown-out”). A person may experience this symptom while appearing to be functioning “normally,” including communicating through actions or words that seem to express an interest in engaging in conduct.
  • Whether misconduct with a person who is incapacitated constitutes misconduct may depend on the presence or absence of the observable factors that would indicate to another reasonable, sober person that a person is incapacitated, as described above.
  • The use of alcohol or drugs can create an atmosphere of confusion and can lower inhibitions. All students should be aware of, and carefully consider, the potential consequences of the use of alcohol or drugs, and of the potential consequences of engaging in sexual activity when anyone involved in the activity may have been affected by alcohol or drugs.
  • Every individual is responsible for ensuring there is consent as defined above prior to engaging in conduct regardless of whether their judgment may be impaired by the use of alcohol or drugs.

Physical violence - means that a person is exerting control over another person through the use of physical force without consent. Examples of physical violence include hitting, punching, slapping, kicking, restraining, choking/strangulation, and brandishing or using any weapon.

Threats - words or actions that would compel a reasonable person in similar circumstances to engage in unwanted sexual activity. Examples include threats to harm a person physically, to reveal private information to harm a person’s reputation, or to cause a person academic or economic harm.

Intimidation - an implied threat that menaces or causes reasonable fear in another person. A person’s size, alone, does not constitute intimidation; however, a person’s size may be used in a way that constitutes intimidation (e.g., blocking access to an exit).

Unwelcome - subjective and determined by the complainant (except when the complainant is below the age of consent).

  1. Non-Title IX Sexual or Gender-Based Harassment

Scope: Although Title IX regulations require that the alleged conduct meet a certain threshold before it is considered Title IX sexual harassment, the University also prohibits unwelcome conduct of a sexual nature or based on sex (1) that may not rise to the level of Title IX sexual harassment (as defined in Title IX policy) (2) that did not occur in the University’s education program or activity, but may nevertheless cause or threaten to cause an unacceptable disruption at the University or interfere with an individual’s right to a non-discriminatory educational or work environment, or (3) occurs outside of the United States.

Definition: Non-Title IX Sexual or Gender-Based Harassment is unwelcome conduct of a sexual nature or unwelcome conduct based on sex or gender, including sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal, nonverbal, or physical conduct or communication of a sexual nature when:

a. Submission to or rejection of that conduct or communication is made a term or condition, either explicitly or implicitly, of an individual’s educational experience or employment; [i.e. quid pro quo];

b. Submission to or rejection of that conduct or communication is used as the basis for an educational program decision or employment decision affecting that individual; [i.e. quid pro quo]; or

c. Such conduct is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual’s education or by creating an intimidating, hostile, or offensive educational environment.

Severity, pervasiveness, and offensiveness are evaluated objectively based on the totality of the circumstances by a reasonable person in the same or similar circumstances.

In analyzing the conduct, the University may consider:

  • The fact that an individual may have accepted the conduct does not mean that they welcomed it or actively participated in the conduct.
  • That a person welcomes some conduct does not necessarily mean that person welcomes other conduct.
  • Similarly, that a person willingly participates in conduct on one occasion does not necessarily mean that the same conduct is welcome on a subsequent occasion.

Non-Title IX sexual or gender-based harassment does not include conduct covered under the definition of Title IX sexual harassment.

  1. Non-Title IX Sexual Assault - Any sexual act directed against another person without the consent of the person, including instances in which the person is incapable of giving consent:
    1. Nonconsensual Penetration: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person or object, without consent (as defined in this policy).
    2. Nonconsensual Sexual Contact: The touching of the private body parts of another person (buttocks, groin, breasts, mouth), for the purpose of sexual gratification, without consent (as defined in this policy).
  2. Dating and Relationship Violence - Violence committed by a person, who is in or has been in a social relationship of a romantic, sexual, or intimate nature with the complainant. The existence of such a relationship will be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
  3. Domestic Violence - Violence, on the basis of sex or gender, committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with the complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of Oregon, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence law of Oregon.
  4. Sex-Based Stalking - Engaging in a course of conduct on the basis of sex directed at a specific person, that would cause a reasonable person to fear for the person’s safety, or the safety of others, or suffer substantial emotional distress. This policy covers instances of stalking based on sex, including stalking that occurs online or through messaging platforms, commonly known as cyber-stalking, when it occurs in the school’s education program or activity.This incorporates the definition of “course of conduct” from above.
  5. Sexual Exploitation - Sexual exploitation occurs when a person takes sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, without that person’s consent. Examples of sexual exploitation include, but are not limited to:
    1. Prostituting another person;
    2. Non-consensual video- or audio‐recording or photographing of sexual activity, sexually explicit content, or intimate body parts, including sharing or posting such materials without the consent of those depicted;
    3. Engaging in voyeurism (e.g. viewing or permitting someone else to view/hear another’s sexual activity or intimate body parts, in a place where that person would have a reasonable expectation of privacy, without consent);
    4. Intentional removal or attempted removal of clothing covering an individual’s intimate body parts or exposing an individual’s undergarments, or that is otherwise sexual in nature, without consent;
    5. Intentional and repeated invasion of sexual privacy (e.g., walking into another person’s room or private space);
    6. Indecent exposure (such as exposing one’s genitals or breasts to others without consent);
    7. Ejaculating on another person without consent;
    8. Knowingly transmitting a sexually transmitted infection (“STI”) or Human Immunodeficiency Virus (“HIV”) without prior knowledge and consent of the person being exposed;
    9. Distributing or displaying pornography to another without that individual’s consent;
    10. Possession of child pornography.

Sexual exploitation does not include conduct covered under the definition of Title IX sexual harassment.

G. Discrimination

Conduct based upon an individual’s race, color, religion, sex, national origin, marital status, veteran status, actual or perceived sexual orientation, gender identity, gender expression, or status with regard to pregnancy, disability or age that excludes an individual from participation, denies the individual the benefits of, treats the individual differently, or otherwise adversely affects an individual’s education, living environment or participation in an education program or activity. Conduct based on sex or gender discrimination does not include conduct covered under the definition of Title IX sexual harassment.

H. Retaliation

Any adverse action taken against a person making a complaint under this Code, cooperating in an investigation or hearing of alleged misconduct, or against any individual perceived to be involved in reporting, in an investigation, or hearing of 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 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 misconduct.

I. Hazing

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 or membership with a group, or continuation of a tradition or ritual of a student club or organization, regardless of the person’s willingness to participate. Acts of hazing by groups, individuals, or alumni are prohibited. Examples of hazing include:

  1. Recklessly or intentionally endangering the mental, emotional, or physical health and/or safety of a student
  2. Brutality of a physical nature
  3. Coerced consumption
  4. Acts intended to cause mental stress
  5. Acts that causes, induces, pressures, coerces or requires a student to violate the law or the Student Code of Conduct
  6. Coerced activities
  7. Apathy or acquiescence in the presence of hazing
  8. Acts of sexual harassment or other sexual misconduct as defined by University Title IX policy or non-Title IX sexual or gender-based harassment policy.

J. Theft and Unauthorized Computer Use

  1. Taking without consent the property or services of the University, another person, business, or organization.
  2. Possessing property that can reasonably be determined to have been stolen from the University, another person, business, or organization.
  3. Theft or other abuse of computer facilities and resources, including but not limited to:
    1. unauthorized entry into a file to read, use, or change its contents, or for any other purpose.
    2. unauthorized transfer of a file.
    3. use of another individual’s identification and/or password.
    4. use of computing facilities and/or resources to interfere with the work of another student, faculty member, or staff member.
    5. use of computing facilities or resources to send obscene or abusive messages.
    6. use of computing facilities and/or resources to interfere with normal operation of the University computing system
    7. use of computing facilities and/or resources in violation of copyright laws.

K. Damage to Property

  1. Vandalism, destruction, or damage to public or private property.
  2. Reckless but not accidental action that poses a reasonable risk of damage or destruction of public or private property.

L. Use or Possession of Weapons and/or Dangerous Materials

  1. Possession, storage or use of weapons including but not limited to firearms, compressed-air guns, pellet guns, etc. on University owned or affiliated property except are expressly prohibited as stated in the University Firearm/Weapons Policy.
  2. Possession, storage or use of dangerous materials including but not limited to fireworks, explosives or chemicals which are corrosive or explosive on University owned or affiliated property except as expressly permitted by law.
  3. Any object used to intimidate, threaten, harm, and/or provide force can be considered a weapon under this provision.
  4. Use of a weapon to intimidate, threaten, or harm another person.
  5. Candles, potpourri, incense, smoking, or any other open flames are not permitted inside any residence on campus as per University candle/open flame policy.
  6. The use of any human or animal body parts or fluids with art or for any purpose.

M. Misuse of Keys, Facilities, or University Resources

  1. Unauthorized use, distribution, duplication, or possession of any key or other access device issued for any campus building, structure, room or facility.
  2. 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.).

N. Misuse of the University Conduct Processes

  1. Falsification, distortion, or misrepresentation of information during the conduct process or sexual harassment and other sexual misconduct process, including filing a false complaint against another person.
  2. Hindering or interfering with the conduct process by failing to abide by the notice from a University official to appear for a student conduct meeting or hearing.
  3. Intimidation or retaliation in response to an individual’s participation in, or use of, the conduct process.

O. Violation of Willamette University Residence Life and Housing Policies

Violation of any published housing and residence life policy, rule and/or regulation, including the housing contract.

P. Violation of University Policy

Violation of any University policies and/or procedure of Willamette University.

Q. Violation of Law

Conduct that would constitute a violation of any local, state, and/or federal law, including violation of the Salem Revised Code.

Willamette University

Division of Student Affairs

Address
University Center 3rd Floor
Willamette University
900 State Street
Salem Oregon 97301 U.S.A.
Phone
503-370-6447