Article III: Proscribed Conduct
The UH West Oʻahu Student Code of Conduct shall apply to conduct that occurs on UH West Oʻahu’s premises, at UH West Oʻahu sponsored activities, and to off-campus conduct that adversely affects the UH West Oʻahu 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 the 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 of Conduct 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 SCO shall decide whether the Student Code of Conduct shall be applied to conduct occurring off campus (including but not limited to the use of social media and other electronic forums), on a case by case basis, in his or her sole discretion.
The Student Code of Conduct applies at all UH West Oʻahu 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 Oʻahu coursework. This Student Code of Conduct also applies to all current UH West Oʻahu students regardless of the geographical location of their courses, for example, online or other UH campuses (If UH West Oʻahu is designated as their home campus).
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:
- UH West Oʻahu disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the status of any civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code of Conduct 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 Oʻahu code violation were dismissed, reduced, or resolved in favor of or against the Respondent/Defendant.
- When a student is charged by federal, state, or local authorities with a violation of law, the UH West Oʻahu 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 of Conduct, UH West Oʻahu may advise off-campus authorities of the existence of the Student Code of Conduct and of how such matters are typically handled within the UH West Oʻahu community. UH West Oʻahu 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). UH West Oʻahu will comply with the Family Educational Rights and Privacy Act (FERPA). Individual students and other members of the UH West Oʻahu community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
D. Amnesty
- It is the policy of the University of Hawai’i System to provide amnesty for students under certain conditions as outlined below.
- Amnesty for Good Faith Reporting of Misconduct UH West O’ahu recognizes that a student who has been drinking and/or using drugs and is then either a victim of violence, including but not limited to domestic violence, dating violence, stalking, and sexual assault, or observes a violation of UH West O’ahu Student Code of Conduct, may be hesitant to report the incident due to fear of being punished for their own conduct. UH West O’ahu strongly encourages students to report all incidents of misconduct. A student, including a student bystander, acting in good faith to report any incident of misconduct to UH West O’ahu officials or to police will not be subject to the Student Code of Conduct for their own violations occurring at or near the time of the incident being reported.
- Medical Amnesty: Students who seek emergency medical attention for themselves, or for someone else, related to consumption of drugs or alcohol will not be charged with violations of the Student Code of Conduct related to that consumption, provided that the student subsequently completes an evaluation and any recommended treatment, as determined by the relevant Student Code of Conduct authority. Failure to complete this evaluation and any recommended treatment may result in charges being filed under the Student Code of Conduct.
- Exceptions to Amnesty:
- a. Amnesty does not apply to students who are in violation of UH West O’ahu’s alcohol and drug policies, and who come into contact with law enforcement, faculty, administrative staff, residence hall staff, or other UH West O’ahu employees when such contact is initiated by law enforcement, faculty, administrative staff, residence hall staff, or other UH West O’ahu employees.
- b. Amnesty is not intended to shield or protect students that repeatedly violate the Student Code of Conduct or that endanger the health and safety of others. In cases where egregious or repeated violations of the Student Code of Conduct occur, UH West O’ahu reserves the right to take judicial action on a case-by-case basis regardless of the manner in which the incident was reported.
Prohibited Conduct (Article III(B)(1-21)
- Acts of dishonesty, including but not limited to the following:
- Cheating (as defined in Article I (D)), plagiarism (as defined in Article I(T)), academic negligence (as defined in Article I(A)) and any other forms of academic dishonesty.
- Misrepresentation of facts or furnishing false information to any UH West Oʻahu official, faculty member, staff or office. This provision can include but not limited to grades, documents, records, or instrument of identification.
- Forgery, alteration, or misuse of any UH West Oʻahu document, record, or instrument of identification.
- Financial Aid fraud or corresponding behaviors that would allow a student to receive a monetary benefit for which they are not eligible.
3. Abuse that is physical or psychological in nature. This includes actual physical abuse (as defined in Article I(S)) or assaults (as defined in Article I(B)), threats of physical harm or threatening behavior that would cause fear in a reasonable person, intimidation (as defined in Article I(Q)), harassment (as defined in Article I(M)), coercion (as defined in Article I(E)), bullying/cyberbullying (as defined in Article I(C) and I(G)), hazing (as defined in Article I(N)) 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.).
Retaliation (as defined in Article I(Y)) against any person submitting a report of any alleged violation of this Student Code of Conduct or against any person cooperating in the fact-finding (including participating with the investigation as a witness, etc.) of any alleged violation of this Student Code of Conduct. For these purposes, “retaliation” includes, but is not limited to, physical abuse, intimidation, threats, harassment, other adverse action threatened or taken against any such Complainant or third party, and dissuades a reasonable person from making or supporting a complaint under this policy. University of Hawaiʻi prohibits and will not tolerate retaliation as defined in the UH System Executive Policy EP 7.205 III(H).
A retaliation complaint, allegation, or report will be reviewed as a separate offense under this policy; that is, a student can be found responsible for retaliation even if not found to be responsible for the underlying reported Student Code of Conduct violation.
5. Any discrimination 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, veteran’s status (as defined in the UH System Policy E 1.202), sex discrimination (as defined in Article I (Z)), and/or gender-based harassment (as defined in Article I (L)), will follow the current UH System Executive Policy, E 1.202. and/or A 9.920. (University of Hawai’i Executive Policy EP 1.202, III.)
7. Theft of and/or damage to property of UH West Oʻahu or property of a member of the UH West Oʻahu community or other personal or public property, on or off campus, and/or knowingly maintaining possession of stolen property.
9. Unauthorized possession, duplication, the use of keys, or security mechanism to any UH West Oʻahu premises or unauthorized entry to or use of UH West Oʻahu premises, including trespassing, propping, or unauthorized use of doors for entry into or exit from a UH West Oʻahu building.
11. Use, possession, manufacturing, distribution/sale, or being under the influence of marijuana, methamphetamine, opioids, heroin, narcotics, or other controlled substances (except as expressly permitted by state and federal law) while on any UH West Oʻahu premises or at any UH West Oʻahu sponsored event or ancillary site. Possession of drug paraphernalia is also prohibited on UH West Oʻahu premises.
13. Possession of firearms (except as permitted by law), tasers, stun guns, explosives, weapons (see Article I(NN)), or dangerous chemicals on UH West Oʻahu premises, and/or use of any such item in a manner that harms, threatens or causes fear to others within the UH West Oʻahu community.
15. Obstruction of the free flow of pedestrian or vehicular traffic on UH West Oʻahu premises or at UH West Oʻahu – sponsored or supervised functions.
17. Violation of local, state, federal or campus fire policies including, but not limited to:
- Intentionally or recklessly causing or attempting to cause a fire which damages or is intended to damage UH West Oʻahu property or personal property of a member of the UH West Oʻahu community or which causes or is intended to cause injury.
- Failure to evacuate a UH West Oʻahu- controlled building during a fire alarm.
- Improper or reckless use of UH West Oʻahu fire safety equipment. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on UH West Oʻahu property.
19. Abuse of the Student Code of Conduct process, including but not limited to:
- Falsification, distortion, or misrepresentation of information under review by a SCO.
- Disruption or interference with the orderly conduct of a SCO meeting.
- Attempting to discourage an individual’s proper participation in, or use of, the Student Code of Conduct process.
- Attempting to influence the impartiality of a SCO prior to, and/or during the course of, the SCO meeting.
- Harassment (verbal or physical) and/or intimidation of a SCO prior to, during, and/or after a SCO meeting.
- Influencing or attempting to influence another person to commit an abuse of the Student Code of Conduct process.
21. Failure to engage in responsible social conduct that reflects credit upon the UH West Oʻahu community and failing to model good citizenship.
2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other UH West Oʻahu activities, including its public service functions on or off campus, or of other authorized non-UH West Oʻahu activities when the conduct occurs on UH West Oʻahu premises. This includes creating noise or other disturbances on campus or in student life areas sufficient to disrupt the normal functioning of campus activities including classroom instructions.
4. Any sexual Harassment (University Executive Policy Interim Policy on Title IX Sexual Harassment EP 1.204, III.A.1.a–f & III.A.2 (Dated 8/14/20), which includes the following:
- Sexual Harassment (as defined in Article I (BB)).
- Sexual Assault (as defined in Article I (AA)).
- Dating Violence (as defined in Article I(H)).
- Domestic Violence (as defined in Article I(I)).
- Stalking (as defined in Article I(DD)).
- Retaliation is prohibited by UH West O’ahu and will not tolerate retaliation. Retaliation includes intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by law or University of Hawai’i Executive Policy Interim Policy on Title IX Sexual Harassment EP 1.204, or because the individual has made a report or complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Interim Policy on Title IX Sexual Harassment EP 1.204 and its accompanying procedure. (University Executive Policy Interim Policy on Ttile IX Sexual Harassment EP 1.204, III.A.2 (Dated 8/14/20).)
For charges based on Article III(B)(4)(a-f), UH West O’ahu will follow the current UH Executive Policy, Interim Policy on Title IX on Sexual Harassment EP 1.204.
6. Creation of health and/or safety hazards, e.g., dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs.
8. Failure to comply with the directions of UH West Oʻahu officials or campus security officers acting in the 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 SCO, Appellate Officer, or Decision Maker in any student disciplinary related process by UH West Oʻahu.
10. Violation of any UH West Oʻahu policy, rule, contract, or regulation published in hard copy, included in a course syllabus or available electronically on the UH West Oʻahu website.
12. Use, possession, manufacturing, distribution/sale, 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 Oʻahu premises or at any UH West Oʻahu sponsored event or ancillary site. Alcoholic beverages may not, in any circumstances, be used, possessed, or distributed to any person under twenty-one (21) years of age.
14. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of UH West Oʻahu and/or infringes on the rights of other members of the UH West Oʻahu community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
16. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on UH West Oʻahu or at functions sponsored by, or participated in by UH West Oʻahu 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 Oʻahu premises or UH West Oʻahu events where there is a reasonable expectation of privacy (i.e. restrooms, locker rooms, gym, etc.) without their prior knowledge, or without their consent when such a recording is likely to cause injury or distress.
18. Theft or other abuse of computer facilities and resources, including but not limited to:
- Unauthorized entry into a file, to use, read, change the contents of, or for any other purpose.
- Unauthorized transfer of a file.
- Use of another individual’s identification and/or password.
- Use of any computing facility or resources to interfere with the work of another student, faculty member or UH West Oʻahu Official.
- Use of any computing facility or resources to send obscene or abusive messages.
- Online harassment of members of the UH West Oʻahu community.
- Use of any computing facility or resources to interfere with normal operation of the UH West Oʻahu computing system.
- Use of any computing facility or resources in violation of copyright laws.
- Any violation of the UH System’s Use and Management of Information Technology Resources Policy. (University of Hawaii Executive Policy EP 2.210)
20. Smoking or use of tobacco on campus property. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. “Smoking” also includes the use of an electronic smoking device. “Use of tobacco” means the personal use of any tobacco product, including the use of smokeless tobacco, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means. (Hawaii Public Act 160 of 2018. Note: As of November 15, 2018, no guidance has been provided to campuses on the suggested implementation and enforcement of the law on campus properties. Therefore, students who are caught smoking tobacco or using an electronic smoking device on any UH West Oʻahu property will only be given a verbal warning only; reports will not be formally recorded by the SCO.)