1.11: Code of Student Conduct and Responsibility

CODE OF STUDENT CONDUCT AND RESPONSIBILITY

Every college and university in the United States develops its own standards and expectations for student conduct. Policies generally outline behaviors that are deemed unacceptable, both inside and outside of the academic classroom. It is typically the office of the Dean of Students or Dean of Student Life who maintains and enforces the student code of conduct.

Following is the text of Portland State University’s Code of Student Conduct and Responsibility. It is incumbent upon each student to be familiar with the code and also with the process that has been established for conduct code violations.

Following are sections of the Code of Student Conduct with which you may already be familiar, as these standards apply to all IELP and PSU students. Some of these standards were presented and discussed in your American Culture and Life (ACAL) class, the required course that students take in their first term in the IELP. Although you will not study this document in your PSU academic classes, your professors do expect you to adhere to the information below. Section V is presented in its entirety and Article 9: Academic Misconduct, is highlighted to emphasize that academic honesty and integrity are fundamental to a university’s ability to ensure that the education students receive, and that the degree that they earn is a record of their personal and individual achievement. The work that you submit throughout your time at PSU must be your own.

Source: https://www.pdx.edu/dos/psu-student-code-conduct, February 9, 2018, © Portland State University 2018

POLICY PREAMBLE

I. GENERAL POLICY

(1) Portland State University seeks excellence in instruction, research, and public service. The University recognizes the intrinsic value of individual differences and diversity. The University supports the right of all people to live and learn in a safe and respectful environment that promotes the free and vigorous expression of ideas. Policies and procedures are designed to protect these freedoms and the fundamental rights of others. Students are expected to conduct themselves in a manner consistent with these principles.

(2) A Student, Recognized Student Organization, or group of Students whose conduct is determined incongruent with the standards of the University as described in this Code of Student Conduct and Responsibility (“Code”) is subject to disciplinary action. The procedures for that action are generally educational in nature and are intended to lead to the preservation of community, self-evaluation, and accountability.

(3) The procedures of this Code consider each case individually and without prejudice. Investigations in to matters shall be done in a prompt, fair, and impartial manner.

(4) In addition to the regulations in this Code, all Students must follow the academic and professional standards of all applicable academic units, departments, schools, and colleges.

(5) This Code becomes effective on May 1, 2015 and supersedes all other previous student conduct codes.

V. CONDUCT PROSCRIBED BY PORTLAND STATE UNIVERSITY

The following constitutes conduct as proscribed by the university for which a Student or Recognized Student Organization or group is subject to disciplinary action:

(1) Obstruction or disruption of teaching, classroom, research, administration, disciplinary procedures or other authorized University activities.

(2) Obstruction or disruption interfering with freedom of movement.

(3) Possession or use of explosives, dangerous chemicals, or other weapons or reasonable facsimiles or instrumentalities on University-owned or -controlled property, unless expressly authorized by law, Board or PSU rules or policies.

(4) Physical abuse or detention of any person or conduct which intentionally or negligently causes harm or is intended to threaten imminent danger to the health of any person.

(5) Malicious damage, misuse or theft of University property, or the property of any other person where such property is located on University-owned or -controlled property, or, regardless of location, is in the care, custody or control of the University.

(6) Unauthorized entry to or use of University facilities, including buildings and grounds.

(7) Illegal use, possession or distribution of drugs.

(8) Inciting others to engage in any of the conduct or to perform any of the acts prohibited in this Code.

(9) Academic Misconduct. Academic Misconduct is defined as, actual or attempted, fraud, deceit, or unauthorized use of materials prohibited or inappropriate in the context of the academic assignment. Unless otherwise specified by the faculty member, all submissions, whether in draft or final form, must either be the Student’s own work, or must clearly acknowledge the source(s). Academic Misconduct includes, but is not limited to: (a) cheating, (b) fraud, (c) plagiarism, such as word for word copying, using borrowed words or phrases from original text into new patterns without attribution, or paraphrasing another writer’s ideas; (d) the buying or selling of all or any portion of course assignments and research papers; (e) performing academic assignments (including tests and examinations) in another person’s stead; (f) unauthorized disclosure or receipt of academic information; (g) falsification of research data (h) unauthorized collaboration; (i) using the same paper or data for several assignments or courses without proper documentation; (j) unauthorized alteration of student records; and (k) academic sabotage, including destroying or obstructing another student’s work.

(10) Furnishing false or misleading information to the University, including but not limited to knowingly failing to provide requested or required information to the University or misrepresenting a person's identity to a Course Instructor or other University Official.

(11) Forgery, alteration or unauthorized use of University documents, records, identification or resources.

(12) Behavior that constitutes an existing or potential threat to the health or safety of others.

(13) Stalking. Stalking is repeatedly contacting another person without a legitimate purpose when: (a) the contacting person knows or should know that the contact is unwanted by the other person; and (b) it is reasonable for the other person in that situation to have been alarmed or coerced by the contact. As used in this subsection, "contacting" includes but is not limited to coming into the visual or physical presence of the other person; following another person; or sending written, electronic or telephonic communication of any form to the other person, personally or through a third party.

(14) Harassment. Harassment is a course of conduct directed at a specific individual or individuals that causes or is intended to cause emotional or physical distress and serves no legitimate purpose. This includes but is not limited to harassment based on protected class that violates the University’s “Prohibited Discrimination and Harassment Policy.”

(15) Sexual Exploitation. Sexual Exploitation occurs when a Student takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit or to benefit another person. Examples of sexual exploitation include, but are not limited to: invasion of sexual privacy, engaging in voyeurism, exposing one’s genitals in non-consensual circumstances, prostituting another person, or inducing incapacitation with the intent to commit other acts of sexual misconduct.

(16) Non-Consensual Sexual Contact. Non-Consensual Sexual Contact is any intentional sexual touching, by a person upon another person that is without consent and/or by force. This type of contact includes but is not limited to breasts, buttocks, groin, or genitals, or touching with any of these body parts, or making another touch another person or themselves with any of these body parts.

(17) Non-Consensual Sexual Intercourse. Non-Consensual Sexual Intercourse is unwanted sexual intercourse of any kind or attempt to engage in such conduct. Sexual intercourse includes vaginal, oral or anal sex. Intercourse includes penetration by a penis, object, tongue, finger, or oral copulation no matter how slight. Sexual intercourse is "unwanted" if no Effective Consent is given or if the Respondent knew or should have known that the person was incapable of giving Effective Consent. The use of drugs or alcohol will not serve as an excuse for failing to obtain consent for sex acts.

(18) Domestic Violence. Any act of violence committed by a current or former spouse or intimate partner of the harmed individual, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the harmed individual as a spouse or intimate partner, by a person similarly situated to a spouse of the harmed individual under applicable federal or state domestic or family violence laws, or by any other person against an individual who is protected from that person’s acts under applicable domestic or family violence laws.

(19) Dating Violence. The term “dating violence” means any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the harmed individual. The existence of such a relationship shall be determined based on a consideration of the following: (i) The length of relationship (ii) The type of relationship (iii) The frequency of interaction between the persons involved in the relationship

(20) Tampering with the election of any Student, Recognized Student Organization or group.

(21) Hazing. Hazing is conduct which subjects a person to bodily danger, or physical, mental, or emotional harm, or to the likelihood of bodily danger or physical, mental, or emotional harm, or requiring, authorizing or permitting that the person be subjected to such conduct or act, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a student group or organization. The real or alleged participation in, consent to, or acquiescence in such conduct by a person subjected to hazing does not relieve an individual or group from responsibility for violating the Code.

(22) Violation of the University Alcohol and Other Drugs Policy or possession or consumption of alcohol beverages by persons under 21 years of age, or furnishing of alcoholic beverages to persons under 21 years, on University Premises or at any University Sponsored Activity.

(23) Smoking or use of tobacco in university buildings and other unauthorized areas. This includes but is not limited to e-cigarettes, cloves, bidis, vaping pens and other related equipment.

(24) Public indecency, includes but is not limited to behavior such as exposing the intimate parts while in a public place or a place visible from a public place not otherwise in accordance with the law.

(25) Failure to comply with a University Official’s requests. Students and Recognized Student Organizations and groups are expected to comply with and respond appropriately to requests of University Officials made in the performance of their duties.

(26) Engaging in conduct that is contrary to any federal or state law or city or local ordinance when such violation interferes with, or is detrimental to, the mission of the University or interferes with other students’ legitimate educational activities and interests. Use of University property or University Premises to facilitate conduct that is contrary to any federal or state law or city or local ordinance shall automatically be deemed to be detrimental to the mission of the University. University disciplinary proceedings may be instituted against a Respondent charged with conduct that potentially violates both the law and this Code without regard to the pendency of civil or criminal litigation or criminal arrest and prosecution. Determinations made or sanctions imposed under this Code are not subject to change merely because criminal charges arising out of the same facts are dismissed, reduced, or resolved in favor of or against an individual.

(27) Violation of any University rule or policy, including but not limited to: Standards of Residence, PSU Housing Handbook, University Housing Office contracts, University Key Policy, and the University Computer and Acceptable Use Policy, and the Prohibited Discrimination and Harassment Policy.

(28) Conviction of a felony or misdemeanor under circumstances where it is reasonable to conclude that the presence of the person at the University would constitute a danger to health, personal safety, or property.

(29) Recording (Audio or Visual) Without Authorization or Consent. Using electronic or other means to photograph or record the likeness of another without expressed consent or University authorization.

(30) A violation of any sanctions imposed as a result of previous disciplinary proceedings under the Code.

(31) Retaliation or Abuse of the University conduct program as outlined in this Code, including but not limited to: (a) Threat of or actual menacing, intimidation, or other adverse actions toward another individual(s) for making a report or otherwise attempting to deter participation in the conduct process (b) falsification, distortion or misrepresentation of information before any conduct body; (b) knowingly initiating any conduct proceedings without cause; (c) attempting to discourage an individual's participation in, or use of, any conduct system.

Source: https://www.pdx.edu/dos/psu-student-code-conduct, February 9, 2018, © Portland State University 2018.