Non-Academic Policy Definitions

201  Fraudulent activity:

Furnishing false information to any university official, staff, faculty member, or office in oral, electronic, or written form to access university facilities, obtain services, or meet administrative requirements, i.e., providing fraudulent documents; attempting to use an ID Card that is not in his/her name; using a parking permit that is fake or has been altered.

202 Harassment (Non-Title IX or Non-Sex-based Misconduct)

202 a. Harassment – Verbal Abuse or Hostile Behavior

Conduct by any means with intent to harass, alarm, abuse, torment, intimidate, bully, or embarrass another and would cause a reasonable person substantial emotional distress and undermine his or her ability to work, study, learn or participate in regular life or university activities. Harassing conduct may be verbal, written, visual, electronic, or physical in nature, and include only one instance to be considered harassing. Jokes and other comments interpreted as threats are taken seriously and acted upon to the full extent of the university’s procedures. Verbal abuse or hostile behavior, including but not limited to name-calling, threats, intimidation, harassment, coercion, and/or other conduct that threatens, degrades, or endangers the health or safety of another person or group of persons. This may include comments distributed via or published on the internet and other forms of social media.

202 b. Harassment – Verbal Communication

Conduct by any means with intent to harass, alarm, abuse, torment, intimidate, bully, or embarrass another and would cause a reasonable person substantial emotional distress and undermine his or her ability to work, study, learn or participate in regular life or university activities. Harassing conduct may be verbal, written, visual, electronic, or physical in nature, and include only one instance to be considered harassing. Jokes and other comments interpreted as threats are taken seriously and acted upon to the full extent of the university’s procedures. Communication verbally, by telephone whether or not conversation occurs, in writing, or by electronic communication that makes a comment, request, suggestion, or proposal that is obscene.

202 c. Harassment – Conduct Intended to Harass, Alarm, Abuse, Torment, Intimidate, Bully, or Embarrass

Conduct by any means with intent to harass, alarm, abuse, torment, intimidate, bully or embarrass another and would cause a reasonable person substantial emotional distress and undermine his or her ability to work, study, learn or participate in regular life or university activities. Harassing conduct may be verbal, written, visual, electronic, or physical in nature, and include only one instance to be considered harassing. Jokes and other comments interpreted as threats are taken seriously and acted upon to the full extent of the university’s procedures. Communication verbally, by telephone whether or not conversation occurs, in writing or by electronic communication in a manner that threatens to inflict bodily injury on the person, or to commit a felony against the person, a member of his/her family, household, or property and is reasonably likely to cause alarm to the person receiving the threat.

202 d. Harassment – Nuisance or Repetitive Calls

Conduct by any means with intent to harass, alarm, abuse, torment, intimidate, bully, or embarrass another and would cause a reasonable person substantial emotional distress and undermine his or her ability to work, study, learn or participate in regular life or university activities. Harassing conduct may be verbal, written, visual, electronic, or physical in nature, and include only one instance to be considered harassing. Jokes and other comments interpreted as threats are taken seriously and acted upon to the full extent of the university’s procedures. Nuisance phone calls, including causing the phone to ring repeatedly or making repeated telephone communications anonymously or in a manner that is likely to annoy, alarm, abuse, torment, embarrass, or offend another.

202 e. Harassment – Repetitive Electronic Communication

Conduct by any means with intent to harass, alarm, abuse, torment, intimidate, bully, or embarrass another and would cause a reasonable person substantial emotional distress and undermine his or her ability to work, study, learn or participate in regular life or university activities. Harassing conduct may be verbal, written, visual, electronic, or physical in nature, and include only one instance to be considered harassing. Jokes and other comments interpreted as threats are taken seriously and acted upon to the full extent of the university’s procedures. Sending electronic communications in a manner that is reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.

202 f. Harassment – Stalking

Conduct by any means with intent to harass, alarm, abuse, torment, intimidate, bully, or embarrass another and would cause a reasonable person substantial emotional distress and undermine his or her ability to work, study, learn or participate in regular life or university activities. Harassing conduct may be verbal, written, visual, electronic, or physical in nature, and include only one instance to be considered harassing. Jokes and other comments interpreted as threats are taken seriously and acted upon to the full extent of the university’s procedures. Stalking: Following, placing under surveillance, or contacting without consent to harass or intimidate.

203 Sexual Harassment and Sex-based Misconduct

(see the Sexual Harassment and Sex-Based Misconduct link portion of the Student Handbook for additional information.)

204 Theft of Property or Services

204 a. Theft of Property or Services – Taking, Attempting to Take, or Keeping Items Not Legally Yours

Theft of property or services on university property or at university-sponsored activities. Taking, attempting to take, or keeping in his or her possession items not legally his or hers, including but not limited to University property, or items belonging to students, faculty, staff, student groups, university vendors, contractors, or visitors to the campus, without proper authorization.

204 b. Theft of Property or Services – Unauthorized or Fraudulent Activities

Theft of property or services on university property or at university-sponsored activities. Unauthorized or fraudulent activities that result in unauthorized charges to the university or another person’s billing account.

204 c. Theft of Property or Services – Possession or Resell of Stolen Property

Theft of property or services on university property or at university-sponsored activities. Knowingly possessing stolen property or reselling stolen property constitutes theft or being an accessory to theft, and is therefore a violation of this provision.

205 Violation(s) of University Hazing Policy

Engaging in hazing or voluntarily submitting to hazing. Hazing is any act directed against a student by another student or group of students if the intent or effect of these actions would be to intimidate or submit the student to indignity or humiliation, which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. (Refer to Hazing Policy)

206 Failure to Comply with Proper and Lawful Directions

Failure to comply with the proper and lawful directions of a university official (including resident advisors) in the performance of their duties and/or failure to identify oneself to these persons when requested to do so.

207 Tampering, Possession, or Use of University Equipment, Keys, or Property

Unauthorized tampering, possession, or use of university-owned or controlled equipment, including but not limited to university keys, university furnishings, and equipment.

208 Conduct Viewed as Possible Violations of Federal, State, or Local Law

Conduct that could be interpreted as a violation of federal, state, or local law while off campus, on university premises, or at university-sponsored or supervised activities.

209 Violation of Other Published University Policies

Violation of published university policies in hard copy or available electronically on the university website/portal, including but not limited to the student handbook, university catalog, residence hall policies, parking and traffic regulations, individual departmental policies, and student organization policies.

210 Manufacturing, Possessing, Selling, or Control of Illegal Drugs, Controlled Substances, or Drug Paraphernalia

Manufacturing, possessing, having under control, selling, transmitting, using, or being a party to illegal drugs, drug paraphernalia, and/or controlled substances on university premises or at any university-sponsored activity.

211 Drinking or Possessing Alcohol in Public Areas or Consumption or Possession by a Minor

Drinking or possessing any alcoholic beverage in public areas of campus, possession and/or consumption by a minor, and other violations of university, local, state, or federal rules of alcohol.

212 Possession of Illegal or Unauthorized Weapons or Illegal or Unauthorized Weapons in Prohibited Places

Illegal or unauthorized possession or use of firearms, bullets, fireworks, explosives, knives, other weapons, or dangerous chemicals on university premises, or any items that could be used as weapons or resemble weapons on the University campus as specified by federal, state, local law and/or TAMUK rules/procedures. (Refer to Weapons Policy)

213 Disorderly Conduct or Disruptive Activity

213 a. Disorderly Conduct or Disruptive Activity – Classroom Disruption

Classroom disruption: Prevention of the convening, continuation, or orderly conduct of any class, lab, or class activity. Engaging in conduct that interferes with or disrupts university teaching, research, or class activities such as but not limited to:

1.  
   1. Making loud and distracting noises.
   2. Repeatedly answering cell phones/text messaging or allowing pagers or phones to beep or play ring tones.
   3. Unauthorized use of any technology or electronics.
   4. Exhibiting erratic or irrational behavior.
   5. Persisting in speaking without being recognized.
   6. Repeatedly leaving and entering the classroom or test site without authorization.
   7. Persistence in ignoring instructions or failing to follow written class rules/lab procedures.
   8. Blocking an entryway.
   9. Using profane, intimidating, or abusive language.
   10. Repeatedly interrupting other’s speech.
   11. Making physical threats, verbal insults, or intimidating remarks to the faculty member, or other students and staff.

213 b. Disorderly Conduct or Disruptive Activity – Disruption of Business Activities

Disorderly conduct that disrupts or impairs the business operation of the university or that interferes with any university-owned or controlled property, including buildings and parking lots, is prohibited. Disorderly conduct on university premises is defined as using abusive, indecent, profane, or vulgar language; making offensive gestures or displays; abusing or threatening a person in an offensive manner; blocking the access or egress to and from buildings; disrupting the flow of traffic; and/or creating or causing unusually loud and disturbing noises.

213 c. Disorderly Conduct or Disruptive Activity – Obstruction or Restraining Passage of Others

Obstructing or restraining the passage of persons in an exit, entrance, or hallway of any building without the authorization of the administration of the university.

213 d. Disorderly Conduct or Disruptive Activity – Seizing Control of Buildings or Portions of Buildings

Seizing control of any building or portion of a building to interfere with any administrative, educational, research, or other authorized activity.

213 e. Disorderly Conduct or Disruptive Activity – Preventing or Attempting to Prevent an Authorized Assembly

Preventing or attempting to prevent by force or violence or threat of force or violence any lawful assembly authorized by the administration.

213 f. Disorderly Conduct or Disruptive Activity – Disrupting a Lawful Assembly

Disrupting by force or violence or the threat of force or violence a lawful assembly in progress.

213 g. Disorderly Conduct or Disruptive Activity – Obstructing or Restraining Passage of Any Person

Obstructing or restraining the passage of any person at an exit or entrance to said campus or property, or preventing or attempting to prevent by force or violence or by threats thereof the ingress or egress of any person to or from said property or campus without authorization of the administration.

214 Assault, Threat, and Abuse

214 a. Assault, Threat, and Abuse – Intentionally, Knowingly, or Recklessly Causing Bodily Injury

Intentionally, knowingly, or recklessly causing bodily injury to another; intentionally or knowingly threatening another with imminent bodily injury; or intentionally or knowingly causing physical contact with another when he/she knew or should have reasonably believed that the contact would be offensive or provocative. Jokes and other comments interpreted as threats are taken seriously and acted upon to the full extent of the university’s procedures.

214 b. Assault, Threat, and Abuse – Threat or Declaration to Inflict Pain

Threat: a declaration of an intention to inflict pain, injury, damage, or other hostile action.

214 c. Assault, Threat, and Abuse – Aggravated Assault Exhibition of a Weapon

Aggravated assault: The use or exhibition of a deadly weapon and/or causing serious bodily injury during an assault.

215 Damaging, Destroying, Defacing, Misusing or Littering of University or Vendor Property

Damaging, destroying, defacing, misusing, or littering any property of the university or university vendor, of another institution, or another person on university premises or at university-sponsored activities.

216 Unauthorized or Prohibited Use of Electronic Devices

Cellular phones, pagers, and other electronic devices shall not be used in a manner that disrupts the classroom, library, or any university-owned or university-operated facilities. This includes abuse of cellular devices with photographic capabilities. Utilizing these devices for photographing test questions or other forms of academic misconduct or illegal activity is prohibited, as is photographing individuals in secured areas such as, but not limited to, lavatories or locker rooms. Taking photographs of any individual against their will is strictly prohibited.

217 Breaching Campus Safety or Security

217 a. Breaching Campus Safety or Security – Forcible or Unauthorized Entry or Access

Breaching campus safety or security, forcible or unauthorized entry/access to any university or university-related building, structure, construction site, or facility gained by opening windows, tampering with door locks or locking mechanisms, or scaling walls, roofs, fences, or gates; or entering secured buildings after the end of normal business hours without authorization.

217 b. Breaching Campus Safety or Security – Tampering or Damaging Locks, Security Cameras, Card Readers

Tampering/damaging door locks, security cameras and/or card access readers, elevator controls and/or equipment, and other devices in place for building security.

217 c. Breaching Campus Safety or Security – Unauthorized Duplicating or Use of University Keys

Unauthorized duplicating and/or use of university keys; unauthorized propping of exterior university doors.

217 d. Breaching Campus Safety or Security – Placement of Equipment, Vehicles, or Bicycles as a Means to Obstruct

Placement of equipment or vehicles (including bicycles) to obstruct the means of access to/from university buildings thereby endangering life and safety.

217 e. Breaching Campus Safety or Security – Creating or Contributing to a Fire Emergency

Creating or contributing to a fire emergency, safety infraction, or other health hazard through unsafe actions and/or violation of fire/safety rules.

217 f. Breaching Campus Safety or Security – Failing to Comply with Fire Drill, Fire Alarm, or Emergency Evacuations

Failing to comply with fire drills, fire alarms, emergency evacuations, shelter-in-place or building lockdown instructions, and/or university emergency response procedures.

217 g. Breaching Campus Safety or Security – Initiating or Causing False Report or Unsafe Act

Initiating or causing to be initiated by false report or unsafe act, a warning, threat of fire, explosion, or other emergency on university premises or at university-sponsored activities resulting in injury, damage to property, or expenditure of emergency response resources.

217 h. Breaching Campus Safety or Security – Tampering with or Vandalizing Fire or Safety Equipment

Tampering with or vandalizing fire/safety equipment including but not limited to fire extinguishers, fire alarms, exit signs, sprinkler systems, card access readers, surveillance cameras, emergency notification equipment, or any other safety device.

217 i. Breaching Campus Safety or Security – Obstruction of Free Flow of Pedestrian or Vehicular Traffic

Obstruction of the free flow of pedestrian or vehicular traffic on university premises or at university-sponsored events.

218 Complicity/Shared Responsibility

218 a. Attempting or Assisting to Commit Acts Prohibited by the Student Code of Conduct

A student will not, through act or omission, assist another student, individual, or group in committing or attempting to violate the Student Code of Conduct. Attempting or assisting to commit any act prohibited in this code shall be considered a completed violation.

218 b. Complicity or Knowledge of Another Committing or Attempting to Commit an Act Prohibited by the Student Code of Conduct

A student who knows another committing or attempting to commit an infraction of the Student Code of Conduct is required to remove him or herself from the situation and report it. Failure to do so when reasonable under the circumstances may be the basis for a violation of this policy.

218 c. Shared Responsibility of Individuals Present During the Commission of or Attempted Commission of an Act Prohibited by the Student Code of Conduct

An individual present during an infraction of the code of conduct may have the charge reduced to shared responsibility, only if the student was reasonably unaware that a policy violation was taking place. Shared responsibility will be allowed only one time while the student attends TAMUK. The sanction for shared responsibility is a warning. Any subsequent sanction violation that would have been eligible for Shared Responsibility will be charged as a full violation of the code.

219 Gambling

Illegal gambling on university property or at any university-sponsored activity is prohibited.

220 Computer Security/Misuse of Information Technology Resources

Misuse of any computer, networking device, telephone, copier, printer, fax machine, or other university information technology resource, and other violations of the university’s Computer Use Policy. All students are granted permission to use the computing resources of TAMUK. The university has specific policies that govern the use of electronic network facilities such as local area networks, the Internet, and computer labs. Upon misuse of the computing facilities at TAMUK, the university reserves the right to deny future computing privileges to the individual on all university-owned computing resources. Misuse of university information technology resources will result in restitution charges for the service received, damage incurred, and any associated costs. In addition, students found to violate this section will be subject to other disciplinary action.

221 Abuse of the Disciplinary Process

221 a. Failure to Obey a Summons

Failure to obey the summons of a disciplinary body or university official to appear for a required meeting.

221 b. Falsification, Distortion or Misrepresentation of Information

Falsification, distortion, or misrepresentation of information before a disciplinary body or university official.

221 c. Disruption or Interference of a Disciplinary Proceeding

Disruption or interference with the orderly conduct of a disciplinary proceeding.

221 d. Failure to Comply with Sanctions

Failure to comply with the sanction(s) imposed under the Student Code of Conduct.

221 e. Failure to Comply with Interim Measures

Failure to comply with the terms of interim measures put in place pending completion of an investigation and final resolution of a complaint.

221 f. Instituting a Conduct Proceeding in Bad Faith

Instituting a code of conduct proceeding in bad faith.

221 g. Attempted Discouragement of Participation

Attempting to discourage an individual’s proper participation in or use of, the student conduct system.

221 h. Harassment or Intimidation of Hearing Personnel or Investigators

Harassment (verbal, physical, or through use of technology) and/or intimidation of a hearing officer/investigative authority or a member of a hearing board before, during, and/or after a student conduct proceeding.

221 i. Verbal, Physical, or Technological Harassment, Intimidation, and/or Retaliation Against a Person Participating in an Investigation and/or Adjudication

Verbal, physical, or technological harassment, intimidation, and/or retaliation against a person participating in investigation and/or adjudication proceedings as a complainant, respondent, witness, hearing officer, hearing board member, investigative authority, and other staff for exercising their rights under the student code of conduct or performance of their duties, before, during or after the matter is finalized. This includes retaliation by a person involved in the case or a third party acting on their behalf.

221 j. Influencing or Attempting to Influence Another to Abuse the Student Code of Conduct System

Influencing or attempting to influence another person to commit an abuse of the student code of conduct system.

222 Violation of University Guidelines on Bicycles, Roller Blades, Skateboards and Motorcycles

Riding bicycles, rollerblades, or skateboards in buildings or left in hallways, staircases, or lounges; unsafe or mischievous cycling, skateboarding, or rollerblading on campus is prohibited. Refer to the Policies & Procedures section in this handbook for additional information.

223 Trespassing

Knowingly entering or remaining in or on university premises or any portion thereof after being notified of the exclusion from all or a portion of the university premises.

224 Retaliation

Subjecting an individual or individuals to adverse action for participating in a complaint investigative, disciplinary process, or other protected activity.

225 Violation of Campus Dining Facility Rules/Meal Plan Use Guidelines

Violation of campus dining facility rules/meal plan use guidelines to include but not limited to the following:

1. Improper use or loaning of the ID/meal card;
2. Unauthorized removal of food items, beverages, dishes, utensils, etc. from the dining area;
3. Failure to wear shoes, shirts and other appropriate clothing in the dining area;
4. Failure to properly bus/dispose of dishes, eating utensils and leftover food to the appropriate area;
5. Conduct that is disorderly, disturbing the peace and/or disrupting the food service operations.