Student Code of Conduct

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University of Hawai'i - West O'ahu

Student Code of Conduct

 

ARTICLE I: DEFINITIONS

A. “Academic negligence” means unknowingly or unintentionally claiming credit for the work or effort of another person, or unknowingly or unintentionally gaining (or causing another to gain) an unfair academic advantage.

B. "Assault” means intentionally, knowingly, or recklessly causing bodily injury to another person. In this context, “bodily injury” means physical pain, illness, or any impairment of physical condition.[1]

C. “Bullying” means any written, verbal, graphic, or physical act that a student or group of students exhibit toward other particular student(s) and the behavior causes mental or physical harm to the other student(s); and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student(s).[2]  

D. “Cheating” is an act of academic dishonesty and includes, but is not limited to:

  1. use of any unauthorized assistance in taking quizzes, tests, or examinations;
  2. use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments;
  3. the acquisition, without permission, of tests or other academic material belonging to a member of the UH West O'ahu faculty, staff or student; and
  4. engaging in any academic behavior specifically prohibited by a faculty member in the course syllabus or class discussion.[3]

E. “Coercion” means intentionally compelling or inducing another person to engage in conduct from which another has a legal right to abstain, or to abstain from conduct in which another has a legal right to engage, by threatening by words or conduct to take some negative action that may impact the other person. In this context, some examples of “negative action” include, but are not limited to: causing bodily injury (defined above), causing property damage, physical confinement or restraint, or revealing information that is sought to be concealed.[4]

F. “Consent” is an affirmative, conscious, and voluntary agreement to engage in agreed upon forms of sexual contact. A person cannot give Consent if the person is under the age of consent[5] for sexual contact, the person is developmentally or intellectually disabled, or the person is mentally incapacitated or physically helpless. Lack of protest or resistance cannot be interpreted as Consent. Silence cannot be interpreted as Consent. Consent must be ongoing throughout any sexual contact and can be revoked at any time. The existence of a dating relationship, domestic partnership or marriage between the persons involved, or the existence of past sexual relations between the persons involved, is never by itself an indicator of Consent.[6]

G. “Dating violence” is physical, sexual, emotional, financial, or psychological abuse or threats of abuse against another person who is or has been in a social relationship of a romantic or intimate nature with the alleged abuser; and where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.[7]

H. “Domestic violence” is physical, sexual, emotional, financial, or psychological abuse or threats of abuse against another person who is a family or household member. For purposes of this definition, the term “household member” means a cohabitant who is or was a spouse or intimate partner.[8]

I. “Faculty member” means any person hired by UH West O'ahu to conduct classroom or teaching activities or who is otherwise considered by UH West O'ahu to be a member of its faculty.[9]

J. "Force" means physical contact, violence, threat, intimidation, or coercion.

K. “Harassment” means conduct that is so severe, pervasive, and objectively offensive that it unreasonably interferes with a person’s UH West O'ahu employment, academic performance or participation in UH West O'ahu programs or activities and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive. The conduct does not have to be threatening and may include deliberate and persistent communication that unreasonably disturbs the recipient.[10]

L. “Hazing” means an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for the continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is not a neutral act; both are violations of this rule.[11]

M. “Incapacitation” (or “incapacitated”) is a mental or physical state in which a person lacks the ability to understand the consequences of their actions and, therefore, cannot make a rational, reasonable decision.

An individual who is incapacitated is unable to give consent to sexual contact. States of incapacitation include sleep, unconsciousness, intermittent consciousness, or any other state where the individual is unaware that sexual contact is occurring. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact.

Alcohol or drug use is one of the prime causes of incapacitation. Because the impact of alcohol or other drugs varies from person to person, evaluating whether an individual is incapacitated (and is therefore unable to give consent in cases involving sex or gender based discrimination) requires an assessment of whether the consumption of alcohol or other drugs has rendered the individual physically helpless or substantially incapable of:

  1. Making decisions about the potential consequences of sexual contact;
  2. Apprising the nature of one’s own conduct;
  3. Communicating Consent to sexual contact; or
  4. Communicating unwillingness to engage in sexual contact.

An individual’s intoxication is never an excuse for or a defense to committing sexual or gender-based harassment, sexual assault, sexual exploitation, or sexual violence.[12]

N. “Member of the UH West O'ahu community” means any person who is a UH West O'ahu student, UH West O'ahu faculty member, UH West O'ahu official or any other person employed by (or directly connected to) UH West O'ahu. A person’s status in a particular situation shall  be determined by the VCSA (or his or her designee). [13]

O. “Physical abuse” means the nonaccidental infliction of physical or bodily injury, pain, or impairment, including but not limited to hitting, slapping, causing burns or bruises, poisoning, or improper physical restraint; or causing physical injuries that are not justifiably explained or where the history given for an injury is at variance with the degree or type of injury. [14]

P. “Plagiarism” is an act of academic dishonesty and includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.[15]

Q. “Policy” means the written regulations of UH West O'ahu as found in, but not limited to, its Policies and Bylaws of the Board of Regents, its Administrative Procedures, the Student Code of Conduct, the UH West O'ahu web page and computer use policy, and school catalogs.[16]

R. “Reporter” means any person who submits a charge alleging that a student violated this Student Code of Conduct. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been a victim will have the same rights under this Student Code of Conduct as are provided to the Reporter, even if another member of the UH West O'ahu community submitted the report.[17]

S. “Respondent” means a UH West O'ahu student who is currently taking courses at UH West O'ahu, either full or part time, pursuing undergraduate or graduate studies, against whom a complaint has been filed alleging a violation of the Student Code. A Respondent who withdraws from UH West O'ahu  (after a complaint or report is filed alleging he or she committed any form of sexual misconduct), but who has a reasonable or continuing relationship with UH West O'ahu, or has been notified of  their acceptance for admission, will be considered a Respondent, even if they are not currently enrolled or have not yet begun attending classes, for the purposes of this process.[18]

T. “Sexual Assault” is the act of committing unwanted physical contact of a sexual nature, whether by an acquaintance or by a stranger. Such contact is unwanted when it occurs:

  1. Without the Consent of at least one of the individuals; or
  2. When at least one of the individuals is incapacitated or otherwise incapable of giving Consent.[19]

For purposes of this section, “Sexual Contact” is defined as intentional touching or penetration of another person’s clothed or unclothed body, including, but not limited to, the mouth, neck, buttocks, anus, genitalia, or breast, by another with any part of the body or any object in a sexual manner. Sexual contact also includes causing another person to touch their own or another body in the manner described above.[20]

U. "Sexual Exploitation" is violating the sexual privacy of another, or taking unjust or abusive sexual advantage of another, without Consent (as defined above), and when such behavior does not otherwise constitute Sexual Assault.[21]

V. "Sexual Harassment" means unwelcome conduct (either directly or indirectly when others are aware of it) that is severe or pervasive, and has either the purpose or effect of:

  1. unreasonably interfering with an employee’s work performance or a student(s) academic performance or environment, or
  2. creating an intimidating, hostile, or offensive work or educational environment.[22]

W. "Sexual Intercourse" means penetration (anal, oral or vaginal) by a penis, tongue, finger, or an inanimate object.

X. “Stalking” is two or more acts of unwanted and harassing behavior, directed at a specific person that is sufficiently serious to cause physical, emotional, or psychological fear or to create a hostile, intimidating or abusive environment. The conduct must be both objectively and subjectively perceived as hostile, intimidating or abusive. That is, the reporting party must view the conduct as hostile, intimidating or abusive, and a reasonable person with the same fundamental characteristics as the reporting party (e.g., actual or perceived sex, age, race, gender, sexual orientation, gender identity, or gender expression) must also view the conduct as hostile, intimidating or abusive if they were in similar circumstances. Stalking may include (but is not limited to) situations occurring in person or through mail, electronic mail, text messaging, instant messaging, telephone, facsimile, social media websites (Facebook, Twitter, Tumblr, Instagram, Snapchat etc.), or other internet communications; for several days or for many years.[23]

Y. “Student” refers to a person who is currently either 1.) registered (i.e., taking courses at UH West O'ahu, either full or part time, pursuing undergraduate or graduate studies, or who has declared UH West O'ahu as their home campus), OR 2.) unregistered (i.e., not currently enrolled in any courses, but maintains a “reasonable relationship” with UH West O'ahu (e.g., admitted, but not enrolled; taking a semester break; returning student, etc.), regardless of where an alleged violation of the Student Code of Conduct may have occurred (e.g. on another UH campus, externship site, online, etc.).[24]

Z. “Student Code” means UH West O'ahu’s Student Code of Conduct.

AA. “Student Conduct Officer” means a person authorized by the Vice Chancellor of Student Affairs (or his or her designee) to consider whether “more likely than not” a student has violated the Student Code and to determine sanctions when appropriate, or to determine if the case should be disposed of administratively.[25]

BB. “UH West O'ahu” means University of Hawai'i - West O'ahu.

CC. “UH West O'ahu official” means any person employed by UH West O'ahu, performing their assigned administrative or professional responsibilities.[26]

DD. “UH West O'ahu premises” means all land, buildings, facilities, and other property in the possession of, owned, used, or controlled by UH West O'ahu (including adjacent streets and sidewalks).[27] UH West O'ahu vehicles are covered by this policy at all times regardless of whether they are on UH West O'ahu premises or not.

EE. “Under the influence” means that a person has ingested an intoxicant which has impaired the person's normal mental functioning or ability to care for the person and guard against casualty.[28] Examples of individuals “under the influence” include, but are not limited to: slurred speech, lack of coordination, and the smell of alcohol or marijuana on the student that is coupled with unusual behavior of the student in general.

FF. “Weapon” includes, but is not limited to: a pistol or other firearm, dagger, dirk, razor, stiletto, or knife (regardless of length or size), or any other dangerous or deadly weapon or instrument[29].

 

[1] This definition combines language from Hawaii Revised Statutes (HRS) 707-700 and 707-710.

[2] Hawaii Department of Education’s Policy 8-19-2.

[3] University of Hawaii Executive Policy EP 7.208, II.C.

[4] This definition comes from HRS 707-764, crime of extortion (formerly criminal coercion) because of its similarities.  However, the definition as written in this Code is not identical to that in  the HRS.  It has been modified specifically for this administrative procedure.

[5]  In Hawaii, the age of consent is sixteen (16) generally, or the age of consent is between fourteen (14) and    fifteen (15) when either the other person is less than (5) years older or when the other person is legally married to the person between the ages of fourteen (14) and fifteen (15). See Haw. Rev. Stat. § 707-732

[6] University of Hawaii Interim Executive Policy EP 1.204, II.C.2.

[7] University of Hawaii Interim Executive Policy EP 1.204, II.B.7.

[8] University of Hawaii Interim Executive Policy EP 1.204, II.B.6.

[9] University of Hawaii Executive Policy EP 7.208, II.E.

[10] This definition was developed from Davis v. Monroe County Bd. of Ed., 526 U.S. 629, 651 (1999).

[11] University of Hawaii Executive Policy EP 7.208, II.F.

[12] University of Hawaii Interim Executive Policy EP 1.204, II.C.3.

[13] University of Hawaii Executive Policy EP 7.208, II.O.

[14] Hawaii Revised Statutes 346-222. This definition comes from the statute governing the Department of Human Services, Adult Protective Services.

[15] University of Hawaii Executive Policy EP 7.208, (G).

[16] University of Hawaii Executive Policy EP 7.208, (H).

[17] University of Hawaii Executive Policy EP 7.208, II.D. This is the same definition EP 7.208,II.D uses for “Complainant.” As used in this Policy, “Reporter” includes both a “Complainant” as that term is used in EP 7.208 and a “Reporting Party” as that term is used in EP 1.204.  Furthermore, for the purposes of EP 1.204, a “reporter” may also be considered a “victim” in sexual misconduct cases.

[18] University of Hawaii Executive Policy EP 7.208, II.A.

[19] University of Hawaii Interim Executive Policy EP 1.204, II.B.5.

[20] University of Hawaii Interim Executive Policy EP 1.204, II.C.1.

[21] University of Hawaii Interim Executive Policy EP 1.204, II.B.4.

[22] This definition is a condensed version from University of Hawaii Interim Executive Policy EP 1.204, II.G.

[23] University of Hawaii Interim Executive Policy EP 1.204, II.B.8.

[24] This definition is modified from University of Hawaii Executive Policy EP 7.208, II.K.

[25] This definition is a synthesis of University of Hawaii Executive Policy EP 7.208, (B) and (M).

[26] University of Hawaii Executive Policy EP 7.208, II.P.

[27] University of Hawaii Executive Policy EP 7.208, II.Q.

[28] This definition is based on Hawaii Revised Statutes, 291E-61(1).

[29] HRS §134-9; University of Hawaii Executive Policy EP 9.210, III.F.