Definitions of Conduct Violations
Alcohol use or possession – Including but not limited to public intoxication, use, possession, manufacturing or distribution of alcoholic beverages except as expressly permitted by law and University regulations.
Credit card misuse – The unauthorized use of another’s credit card, debit card, charge card, secured card, smart card or any other instrument of credit.
Dishonesty – Including but not limited to the following:
Furnishing false information to any University official, faculty member, or office.
- Forgery, alteration, or misuse of any University document, record, account, computer account, or instrument of identification.
- Tampering with an election conducted by any Western Michigan University Registered Student Organization.
- Acting as an agent of the University without authorization.
Disruptive behavior – Behavior by any student, in class or out of class, which for any reason materially disrupts the class work of others, involves substantial disorder, invades the rights of others, or otherwise disrupts the regular and essential operation of the University. This includes, but is not limited to the following:
Drug possession or use
- Disruption, or interference which impedes, impairs or obstructs teaching, research, administration, conduct proceedings, other University missions, processes, or functions including public-service functions or other authorized University or non-University activities when the conduct occurs on University premises.
- Participation in a campus demonstration which disrupts the normal operation of the University and/or infringes on the rights of other members of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; or intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus or other University property.
- Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University-sponsored or supervised functions.
- Conduct which is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in, by the University or members of the academic community. Disorderly conduct includes but is not limited to: any unauthorized use of electronic or other devices to make an audio or video/digital record of any person without her/his knowledge, or without her/his effective consent when such a recording is likely to cause injury or distress. This includes but is not limited to, surreptitiously taking pictures of another person in an athletic facility, locker room, or restroom.
- Instances where a student engages, or threatens to engage, in behavior which poses an immediate danger of causing physical harm to others; or
- Instances which cause significant property damage, or would directly and substantially impede the lawful activities of others; or
- Instances where a student’s behavior disturbs normal University operations, consumes an inordinate amount of University staff time and/or resources, or may interfere with the educational process and/or the orderly operation of the University.
– Use, possession, exchange, manufacturing, or distribution of marijuana, heroin, narcotics, other controlled substances and/or paraphernalia, except as expressly permitted by law.
The Michigan Medical Marijuana Act of 2008 (MMMA) notwithstanding, WMU is subject to the Federal Drug-Free workplace Act of 1988 and the Federal Drug-Free Schools and Communities Act amendment of 1989, both of which prohibit controlled substances on campus, including marijuana. The use or possession of medical marijuana is not permitted within the residence halls or apartments.
Entry or use – Entry into or use of University premises or property, or remaining in any area on University premises which is unauthorized.
Failure to comply – Failure to comply with direction of University officials or law enforcement officers acting in performance of their duties.
Fire or safety equipment misuse – Tampering with or misuse of fire or any other safety equipment, or disregarding, circumventing, or disabling any security or safety device or system.
Hazing – Any act which endangers the mental or physical health or safety of a person, embarrasses, frightens, or degrades a person or which destroys or removes public/private property, for the purpose of initiation, admission into, or affiliation with, or as a condition for continued membership, in a group, organization/team. The expressed or implied consent of the alleged person against whom the actions have been taken will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.
Identification misuse – The use of another person’s identity, password, identification number, University identification card or any other identification card; or assisting another to misuse any identity, password, identification number, University identification card or any other identification card.
Conduct system abuse – Including but not limited to:
- Failure to set up and/or attend an appointment when directed to do so by a University official.
- Falsification, distortion, or misrepresentation of information before a conduct body.
- Disruption or interference with the orderly conduct of a conduct proceeding.
- Initiation of a conduct proceeding when one knows or reasonably should have known that the proceeding was without cause.
- Attempting to discourage an individual’s proper participation in, or use of, the conduct system.
- Attempting to influence the impartiality of a member of a conduct body prior to, and/or during the course of, the conduct proceeding.
- Harassment (verbal or physical) and/or intimidation of a member of a conduct body, complainant, or corroborator, prior to, during, and/or after a conduct proceeding.
- Failure to comply with the sanction(s) imposed under the Student Code. A student who fails to complete any sanctions imposed upon her/him by the deadline imposed by the conduct body, is not eligible to register for classes, receive financial aid, receive a diploma, or obtain any transcripts (official or unofficial) until she/he complies with the terms of the original sanctions and any additional sanctions imposed due to the failure to complete the original sanctions in a timely manner.
- Influencing or attempting to influence another person to commit an abuse of the conduct system.
Obscene or harassing communication – including but not limited to: Making obscene or harassing telephone calls, sending obscene or harassing letters, email, or using any medium to communicate in an obscene or harassing manner.
Physical or verbal abuse – Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct which threatens or endangers the health, well-being, or safety of any person.
- Stalking – A course of physical or verbal conduct directed at another individual that could be reasonably regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party. A course of conduct consists of at least two acts. The feared harm or injury may be physical, emotional, or psychological, or related to the personal safety, property, education, or employment of that individual. Stalking includes 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.
- Intimate partner/relationship violence – Abuse by a person who is or has been in a social relationship of a romantic or intimate nature with another.
- Bullying / Cyber-bullying – Defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment). This includes but is not limited to: creating web pages with a negative focus; posting insults or lewd photos on social networking sites; and/or spreading rumors with malicious intent.
Sexual misconduct – Any form of sexual activity or sexual contact, including sexual harassment (see Appendix C for additional resources), which is unwanted, that occurs as a result of intimidation, threat of force, use of force, or other coercive behavior or occurs without consent.
- Consent means positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.
- Consent consists of an affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity. The following are essential elements of effective consent:
- Informed and reciprocal: All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting and a willingness to do the same thing, at the same time, in the same way.
- Freely and actively given: Consent cannot be obtained through the use of force, coercion, threats, intimidation or pressuring, or by taking advantage of the incapacitation of another individual.
- Mutually understandable: Communication regarding consent consists of mutually understandable words and/or actions that indicate an unambiguous willingness to engage in sexual activity. In the absence of clear communication or outward demonstration, there is no consent. Consent may not be inferred from silence, passivity, lack of resistance or lack of active response. An individual who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. Relying solely upon non-verbal communication can lead to a false conclusion as to whether consent was sought or given.
- Not indefinite: Consent may be withdrawn by any party at any time. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity. Withdrawal of consent can be an expressed “no” or can be based on an outward demonstration that conveys that an individual is hesitant, confused, uncertain or is no longer a mutual participant. Once consent is withdrawn, the sexual activity must cease immediately and all parties must obtain mutually expressed or clearly stated consent before continuing further sexual activity.
- Not unlimited: Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one person constitute consent to activity with any other person. Each participant in a sexual encounter must consent to each form of sexual contact with each participant.
- Even in the context of a current or previous intimate relationship, each party must consent to each instance of sexual contact each time. The consent must be based on mutually understandable communication that clearly indicates a willingness to engage in sexual activity. The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts.
- In the state of Michigan, consent cannot be given by minors under the age of 16. Under no circumstances may an adult over the age of 21 engage in sexual activity with a minor under the age of 16.
Telecommunication process/procedure misuse – The unauthorized use of another person’s cell phone, phone card, telephone credit card, or the unauthorized acceptance of collect telephone calls.
Unauthorized use/destruction/defacing of property – Attempted or actual removal of, use of, and/or damage to property of the University or property of another or the removal of other personal or public property without proper authorization. Leaving or placing unauthorized materials on University property or defacing University property is also prohibited.
Unauthorized use or other abuse of University computing resources – including but not limited to the following:
- Any attempt to breach or the actual breach of network or computer security.
- Unauthorized entry into a file, to use, read, delete, or change the contents, or for any other purpose.
- Unauthorized copying or distribution of copyrighted computer software or other materials.
- Unauthorized transfer of a file.
- Use, or attempted use, of another person’s identification and/or password or assisting another to misuse any identification or password.
- Use of computing facilities to interfere with the work of another student, faculty member, University official, or any other member of the University community.
- Use of computing facilities to send obscene or abusive messages.
- Use of computing facilities to send unauthorized mass emailing or chain mail.
- Use of computing facilities to interfere with normal operation of any University computing system network.
- Use of computing facilities/resources to violate any campus policy or rule to violate any local, state or federal law. (see http://www.wmich.edu/oit/) for a complete description of all computing policies.)
Unauthorized key possession or use – Unauthorized possession, duplication, or use of keys, key cards, or other access or security devices.
Unauthorized posting – Placing of notices, posters, signs, handbills, etc. anywhere on University premises and/or through university resources without proper authorization.
Violation of the law – Violation of federal, state, or local law on University premises or at University sponsored or supervised activities or that which is in the jurisdiction of the University.
Violation of University policy – Violation of any University policy, rule or regulation published in hard copy or available electronically via the University website; and/or any attempt to commit prohibited activities defined herein; and/or enticing or inciting others to commit prohibited activities defined herein, and/or conspiring to perform any prohibited activities defined herein; and/or any other conduct which adversely affects the student’s suitability as a member of the University community.
Weapon possession or use
– The possession, use or storage of firearms, explosives, other lethal and non-lethal weapons, dangerous chemicals or compounds is prohibited on University owned or controlled premises and at University sponsored events without authorization from the appropriate University official. Using or possessing a weapon, even with proper authorization, in a manner that harms, threatens or causes fear in others, or is otherwise in violation of the Weapons on Campus Policy contained in the Registered Student Organization Handbook, is also prohibited. Weapons may include but are not limited to pellet guns, BB guns, paint ball guns, nun chucks, throwing stars, bows and arrows, knives, firecrackers and ammunition.