Student Code of Conduct

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University of Hawai'i - West O'ahu

Student Code of Conduct

 

ARTICLE III: PROSCRIBED CONDUCT

A. Jurisdiction

The UH West O'ahu Student Code shall apply to conduct that occurs on UH West O'ahu’s premises, at UH West O'ahu sponsored activities, and to off-campus conduct that adversely affects the UH West O'ahu community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct and the conduct of his/her guests, from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end. Additionally, students are responsible for conduct that occurs during the academic year as well as during periods between terms of actual enrollment (even if their conduct is not discovered until after a degree is awarded).

The Student Code shall apply to a student’s conduct even if the student withdraws from classes at UH West O'ahu after a report was submitted or while a disciplinary matter is pending. The DoC shall decide whether the Student Code shall be applied to conduct occurring off campus, on a case by case basis, in his or her sole discretion.

The Student Code applies at all UH West O'ahu locations, and may also apply to any other ancillary educational locations, including, but not limited to: practicum, lab or internship sites, when applicable and/or related to UH West O'ahu coursework.  This code also applies to all current UH West O'ahu students regardless of the geographical location of their courses, for example, online.

B. Prohibited Conduct

Any student found to have committed (or to have attempted to commit) any of the following misconduct is subject to the disciplinary sanctions outlined in Article IV:

1. Acts of dishonesty, including but not limited to the following:

a. Cheating (as defined in Article I (D)), plagiarism (as defined in Article I(P)), academic negligence (as defined in Article I(A)) and any other forms of academic dishonesty.

b. Misrepresentation of facts or furnishing false information to any UH West O'ahu official, faculty member, staff or office.

c. Forgery, alteration, or misuse of any UH West O'ahu document, record, or instrument of identification.

d. Financial Aid fraud or corresponding behaviors that would allow a student to receive a monetary benefit for which they are not eligible.

2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other UH West O'ahu activities, including its public service functions on or off campus, or of other authorized non-UH West O'ahu activities when the conduct occurs on UH West O'ahu premises.

3. Abuse that is physical or psychological in nature. This includes actual physical abuse (as defined in Article I(O)) or assaults, threats of physical harm or threatening behavior that would cause fear in a reasonable person, intimidation, harassment (as defined in Article I(K)), coercion, bullying (as defined in Article I(C)), hazing and/or any other conduct which threatens or endangers the health or safety of any person (including, but not limited to, messages sent via text messages, emails, on social media networks, or any electronic format including phone, etc.).

This provision also includes, but is not limited to: unlawful discrimination or related harassment on the basis of race, sex, age, religion, color, national origin, ancestry, handicap, marital status, arrest and court record, sexual orientation and veteran's status.[30]

Retaliation against any person submitting a complaint of any alleged violation of this Code or against any person cooperating in the fact-finding (including testifying as a witness) of any alleged violation of this Code. For these purposes, "retaliation" includes, but is not limited to, physical abuse, intimidation, threats, harassment, and other adverse action threatened or taken against any such Reporter or third party.

4. Any sexual misconduct, which includes the following:

a. Sexual Exploitation (as defined in Article I (T))

b. Sexual Harassment (as defined in Article I (U))

c. Sexual Assault (as defined in Article I (S))

d. Retaliation against any person filing a complaint or report alleging sexual misconduct or against any person cooperating in the fact-finding of (including providing information as a witness) any allegation of sexual misconduct. For these purposes, "retaliation" includes, but is not limited to, intimidation, threats, harassment, and other adverse action threatened or taken against any such Reporter or third party.

  • For charges based on Article III(B)(4)(a-d), UH West O'ahu will follow the current UH Interim Executive Policy, EP 1.204.

5. Theft of and/or damage to property of UH West O'ahu or property of a member of the UH West O'ahu community or other personal or public property, on or off campus.

6. Failure to comply with the directions of UH West O'ahu officials or campus security officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so. This provision also includes a failure to complete required sanctions upon a finding of responsibility by a Student Conduct Officer, Appellate Officer or Decision Maker in any student disciplinary related process by UH West O’ahu.

7. Unauthorized possession, duplication, or the use of keys to any UH West O'ahu premises or unauthorized entry to or use of UH West O'ahu premises.

8. Violation of any UH West O'ahu policy, rule, or regulation published in hard copy, included in a course syllabus or available electronically on the UH West O'ahu website.

9. Use, possession, manufacturing, distribution, or being under the influence of marijuana, heroin, narcotics, or other controlled substances (except as expressly permitted by state and federal law) while on any UH West O'ahu premises or at any UH West O'ahu sponsored event or ancillary site. Possession of drug paraphernalia is also prohibited on UH West O'ahu premises.

10. Use, possession, manufacturing, distribution, or being under the influence of alcoholic beverages (except as expressly permitted by UH System Policies, state or federal law), or public intoxication while on any UH West O'ahu premises or at any UH West O'ahu sponsored event or ancillary site. Alcoholic beverages may not, in any circumstance, be used, possessed, or distributed to any person under twenty-one (21) years of age.

11. Possession of firearms (except as permitted by law), tasers, stun guns, explosives, weapons (see Article I(EE)), or dangerous chemicals on UH West O'ahu premises, and/or use of any such item in a manner that harms, threatens or causes fear to others within the UH West O'ahu community.

12. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of UH West O'ahu and/or infringes on the rights of other members of the UH West O'ahu community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.

13. Obstruction of the free flow of pedestrian or vehicular traffic on UH West O'ahu premises or at UH West O'ahu-sponsored or supervised functions.

14. Conduct that is disorderly; breach of peace; or aiding, abetting, or procuring another person to breach the peace on UH West O'ahu or at functions sponsored by, or participated in by UH West O'ahu or members of the academic community. Disorderly Conduct includes but is not limited to: the use of any device to capture audio, video or digital record or photograph of any person while on UH West O'ahu premises or UH West O'ahu events where there is a reasonable expectation of privacy (i.e. restrooms, locker rooms, etc.).

15. Theft or other abuse of computer facilities and resources, including but not limited to:

a. Unauthorized entry into a file, to use, read, change the contents of, or for any other purpose.

b. Unauthorized transfer of a file.

c. Use of another individual’s identification and/or password.

d. Use of any computing facility or resources to interfere with the work of another student, faculty member or UH West O'ahu Official.

e. Use of any computing facility or resources to send obscene or abusive messages.

f. Use of any computing facility or resources to interfere with normal operation of the UH West O'ahu computing system.

g. Use of any computing facility or resources in violation of copyright laws.

h. Any violation of the UH System’s Use and Management of Information Technology Resources Policy.[31]

16. Abuse of the Student Code process, including but not limited to:

a. Falsification, distortion, or misrepresentation of information under review by a Student Conduct Officer.

b. Disruption or interference with the orderly conduct of a Student Conduct Officer meeting.

c. Attempting to discourage an individual’s proper participation in, or use of, the Student Code process.

d. Attempting to influence the impartiality of a Student Conduct Officer prior to, and/or during the course of, the Student Conduct Officer meeting.

e. Harassment (verbal or physical) and/or intimidation of a Student Conduct Officer prior to, during, and/or after a Student Conduct Officer meeting.

g. Influencing or attempting to influence another person to commit an abuse of the Student Code process.

17. Students are required to engage in responsible social conduct that reflects credit upon the UH West O'ahu community and to model good citizenship.

C. Violation of Law and UH West O'ahu Discipline

1. UH West O'ahu disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the VCSA (or his or her designee). Determinations made or sanctions imposed under this Student Code of Conduct shall not be subject to change because criminal charges arising from the same factual circumstances as the alleged UH West Oahu code violation were dismissed, reduced, or resolved in favor of or against the Student/Defendant.

2. When a student is charged by federal, state, or local authorities with a violation of law, the UH West O'ahu will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Student Code, UH West O'ahu may advise off-campus authorities of the existence of the Student Code and of how such matters are typically handled within the UH West O'ahu community. UH West O'ahu will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the UH West O'ahu community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.