Any student found to have committed or to have attempted to commit the following offenses is subject to the disciplinary sanctions outlined in sections VI and Section VII (Student Academic Ethics Policy).
5.1 Offenses Against Persons:
5.1.1 Harassment – Conduct towards another person or identifiable group of persons that has the purpose or effect of (a) creating an intimidating or hostile educational environment, work environment, or environment for participation in a University activity; (b) unreasonably interfering with a person’s educational environment, living environment, work environment, or environment for participation in a University activity; or unreasonably affecting a person’s educational or work opportunities or participation in a University activity.See also Sexual Harassment Policy, Appendix J and Anti-Harassment Policy, Appendix C.
5.1.2 Hazing - Any mental or physical action, requirement, request of, or obligation placed upon any person (including but not limited to a pledge, associate member, affiliate, prospective member, guest, initiate or team member) which could be harmful to the health, welfare or academic progress of the person, or which is personally degrading to the individual involved, or which has an adverse effect on the academic progress of the person, or which violates any federal, state, or local laws, or University policy. Individual acceptance of or acquiescence to any activity covered by the foregoing definition in no way validates or excuses the activity. See also University Anti-Hazing Policy, Appendix D.
5.1.3 Harm, Threat or Endangerment - Conduct that causes physical harm to any person is prohibited, as is any reckless or unauthorized conduct that threatens, endangers, or reasonably could threaten or endanger the health or safety of any person. Conduct covered under this rule also includes but is not limited to intimidation, coercion, or impairment of any person's freedom of movement as well as verbal or written threats of any action described above.
5.1.4 Privacy Violation-- Use of audio, video, or photographic devices to make an image or recording of an individual without that person's prior knowledge, or without that person’s effective consent, when such image or recording is likely to cause injury or distress as determined by a reasonable person. This includes but is not limited to, surreptitiously taking pictures of another person in a private area such as a residence hall room, a public or private restroom, or a dressing/locker room.
5.1.5 Sexual Misconduct –Sexual intercourse or sexual touching, however slight, by one person upon another without effective consent or when it involves compelling a person to submit to such conduct by force, threat of force, use of intoxicants to impair a victim’s ability to give consent, or otherwise taking advantage of any impairment which might render a person incapable of making a reasonable or rational decision about sexual activity. As defined by the State of Indiana, sexual misconduct also includes any sexual act when the person is not of legal age. This offense also includes behaviors prohibited in the Sexual Misconduct Policy, Appendix K.
5.1.6 Stalking - Stalking is a knowing or
intentional course of conduct that (1) would cause a reasonable person to feel
frightened, harassed, intimidated, threatened, or alarmed and (2) that causes
the person who is the subject or target of
the stalking to feel frightened, harassed, intimidated, threatened, or alarmed.
Such actions could be either implicit or explicit threats against a specific
person; an acquaintance, friend, family member, or pet of that person; or that
person’s property. Stalking includes the concept of cyber-stalking, a particular form of
stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other
similar devices or forms of
contact are used to pursue,
harass, or to make unwelcome contact
with another person in
an unsolicited fashion.
5.2 Offenses Related To The Operation Of The University
5.2.1 Academic Misconduct - Acts--which include but are not limited to cheating, plagiarism, falsely claiming to have completed work, cooperating with another person in academic misconduct, knowingly destroying or altering another student's work, or attempting to commit an act of academic misconduct--that violate the Student Academic Ethics Policy, Section VII. See also Student Academic Ethics Policy, section VII.
5.2.2 Aiding and Abetting - Knowingly, recklessly, or willfully encouraging or assisting others to commit acts prohibited by this code.
5.2.3 Computer Misuse - Any behavior violating policies governing the use of the University’s computer system and related equipment/technology. See also Information Technology Users’ Privileges and Responsibilities Policy, Appendix E.
5.2.4 Disorderly Conduct - Conduct that is disruptive of campus life or University activities, or that is a matter of public indecency, or a breach of the peace.
5.2.5 Failure to Comply - Failing to comply with verbal or written instructions of University officials acting in the performance of their duties and made within the scope of their authority, or failing to identify oneself upon request of a University official.
5.2.6 False Information - Intentionally submitting false information, verbally or in writing, to a University official or office.
5.2.7 Fraudulent Use - Forgery, alteration, taking possession of, or the unauthorized use of University documents, records, keys, or identification without the consent or authorization of appropriate University officials.
5.2.8 Interference with a Reprimand - Obstructing or interfering with the reprimand, discipline or apprehension of another person who is involved in a violation of this Code or any other University rule or regulation.
5.2.9 Obstruction or Disruption - Obstructing or disrupting the teaching and/or learning process in any campus classroom, building, or meeting area, or any University-sponsored activity, pedestrian or vehicular traffic, classes, lectures or meetings, obstructing or restricting another person’s freedom of movement, or inciting, aiding, or encouraging other persons to do so. See also Regulations for Use of Property for Expressive Activity, Appendix N and Responding to Disruption in the Academic Setting, Appendix Q.
5.2.10 Residence Hall Policies - Violating residence hall rules and regulations, or the housing contract. See also Residence Life Policies.
5.2.11 Solicitation - Engaging in solicitation of any type on University property without appropriate authorization. See also Regulations for Use of Property for Expressive Activity, Appendix N and Policy Concerning Campus Use:
Regulations for Use of Property for Distribution, Solicitation, Fund
Raising, Sales, and Commercial Activity, Appendix S.
5.2.12 Violation of the Law - Committing or attempting to commit any act that would be a violation of local, state or federal law on or off University property, when such behavior is judged by the Office of Student Rights and Community Standards to be detrimental to the University’s educational process or objectives.
5.2.13 Other Policy Violations - Violating any other published University policies not specifically a part of this Code.
5.3 Violations That Compromise The Health/Safety/Welfare Of Others
5.3.1 Alcohol -Using, possessing or distributing alcoholic beverages except as expressly permitted by law and University policies. See also Alcohol Policy, Appendix A.
5.3.2 Arson - Setting or attempting to set fires, or acting in a manner that disregards fire safety rules and results in a fire.
5.3.3 Drugs - Using, abusing, possessing, selling, distributing, manufacturing, or transferring narcotics, illegal drugs as defined by federal, state, or local laws, or any controlled substance, (including marijuana, inhalants, and abuse of over-the-counter drugs and prescription drugs), except as expressly permitted by law. Possession of drug paraphernalia which can be demonstrated to be linked to illegal drug activity is also a violation of this policy. See also Drug Policy, Appendix B.
5.3.4 False Reporting - Falsely reporting an emergency.
5.3.5 Gambling - Engaging in gambling, wagering, or other games of chance in violation of the law.
5.3.6 Smoking and Tobacco Use - Smoking and the use of any other tobacco products (e.g. smokeless tobacco, electric cigarettes) are prohibited on Ball State campus. For the complete policy, including exceptions for the use in closed, personal vehicles and tailgating on home football weekends. See also Smoking Policy, Appendix L.
5.3.7 Tampering with Fire Equipment - Unauthorized use, activation or alteration of fire fighting equipment, fire safety or other emergency equipment.
5.3.8 Weapons - Transferring, using, possessing, or manufacturing explosives, fireworks, firearms, dangerous chemicals, or any other weapons (deemed capable of causing bodily injury or property damage), on University property. See also Weapons Policy, Appendix O.
5.4 Offenses Against Property
5.4.1 Misuse of Property – Trespass, occupancy of, unauthorized entry into, possession of, receipt of, or use of the property of another person, of the University, or of University services, facilities, or resources including, but not limited to, the University’s name, seal, or insignia.
5.4.2 Theft - Attempted or actual theft, unauthorized use, or possession of public property, University property, or personal property.
5.4.3 Vandalism - Attempted or actual vandalism, damage to, or destruction of public property, University property, or personal property.
5.5 Offenses Involving The Judicial Process
5.5.1 Improper Influence - Influencing or attempting to influence the decision of a member of a
judicial body or a designated judicial officer, or attempting to discourage that person’s participation in a judicial proceeding.
5.5.2 Intimidation of Participants - Intimidating, coercing, influencing, or attempting to intimidate, coerce, or influence a witness, complainant, or other persons participating in the judicial process.
5.5.3 Providing False Testimony - Providing false testimony or false information in the judicial process or knowingly making unfounded accusations against another individual.
5.5.4 Sanction Non-compliance - Failing to complete or to comply with a disciplinary sanction.
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