8.05 / Student Code of Conduct

  1. Purpose

    The Code of Conduct outlines University behavior expectations for students, student groups, and student organizations. The Code of Conduct aligns with Wichita State University’s institutional values and helps the University meet its legal obligations.

  2. Philosophy

    Wichita State University is a living, learning, and working community dedicated to the personal and academic growth of its students and serves as an educational, cultural, and economic driver for Kansas and the greater public good. The University also endeavors to provide students with the necessary tools to engage in effective communication and to resolve conflicts in an appropriate manner.

    Freedom of inquiry and freedom of expression are valued as critical components in the generation and transfer of knowledge to advance the University’s mission. The Code of Conduct is designed for the promotion and protection of an environment that encourages reasoned discourse, integrity, intellectual honesty, openness to constructive change, and respect for the rights and responsibilities of all individuals.

    By choosing to become a member of the University community, students are expected to demonstrate respect for themselves and others and to conduct themselves in a manner that is consistent with the Kansas Board of Regents’ and Wichita State University rules and policies; federal, state, and local laws; and city ordinances. When choosing to become a part of the University community, the student must consider whether they will be able to adhere to the Code of Conduct. Being a member of the Wichita State University community is a privilege, and the student conduct process will determine if a student’s conduct warrants that they should no longer share in that privilege.

  3. Jurisdiction

    1. Application

      This policy applies to behavior that is committed:

      1. by a University student, student group, or student organization;
      2. by an applicant who becomes a student, for alleged violation(s) committed as part of the application process; or
      3. by an individual who has transferred, graduated, been academically disqualified, or expelled from the University, for alleged violation(s) committed prior to separation from the University.
    2. Location and Manner

      Behaviors subject to review under this policy include those which occur:

      1. On University property; or
      2. Off campus, if:
        1. in connection with a University or University-recognized program or activity;
        2. in connection with any academic assignment, internship, co-op, practicum, field experience or trip, clinical experience, student teaching, research, or other academic activity;
        3. in connection with any activity sponsored, conducted, or authorized by, or affiliated with, any student group or organization;
        4. involving a crime of violence (as defined by 18 U.S. Code § 16);
          1. an offense that has as an element of the use, attempted use, or threatened use of physical force against the person or property of another, or
          2. it is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
        5. involving the manufacture, sale, or distribution of illegal drugs or controlled substances; and/or
        6. in a manner that may pose an ongoing, obvious, and/or serious threat of harm to, or that may have the effect of creating a hostile living, learning, or working environment for, any member(s) of the University community or their property.

      The Student Code of Conduct may also be applied to behavior conducted online, via e-mail or through other electronic mediums. Wichita State University does not regularly search for this information, but may take action if such information is brought to the attention of University officials.

      Alleged violations of sexual misconduct, relationship violence, or stalking that occur in connection with an alleged violation of this policy will be resolved through the procedures prescribed in Section 8.16/Sexual Misconduct, Relationship Violence, and Stalking Policy for Students.

  4. Definitions

    For purposes of this policy, the following terms have the definitions provided below. Please note that some of these terms may have different meanings in other contexts.

  5. Prohibited Conduct

    As members of the University community all students, student groups, and student organizations are expected to display respect for the rights of themselves and others and to be accountable for their behavior choices.

    It is a violation of the Code of Conduct for any student, student group, or student organization to engage in behavior that aids, attempts, assists, promotes, condones, encourages, requires, conceals, or facilitates any act prohibited by this Code. Allowing, permitting, or providing an opportunity for a visitor to violate University policy is also prohibited. These violations are included in each section below and need not be cited separately. Lack of familiarity with University policy is not an excuse or a defense to a violation of the Code of Conduct. Unless specifically noted in the policy definition, intent is not a required element to establish a policy violation. Additionally, intoxication or impairment from alcohol, drugs, or other substances is not an excuse or defense to a violation of the Code of Conduct.

    Prohibited conduct that is committed involving a protected class (i.e. race, religion, age, sex, disability status, etc.) which includes, but is not limited to, forms of harm and endangerment, physical violence, or harassment will, depending on the circumstance, be investigated and resolved under 3.47/Discrimination Review Procedures for Students, Employees and Visitors or 8.16/Sexual Misconduct, Relationship Violence, and Stalking Policy for Students. There may be additional allegations of misconduct claimed at the same time that will be resolved by the Student Conduct process outlined in the Code of Conduct.

    Violations of the Code of Conduct may also result in further review and/or investigation under other policies at Wichita State University. Some examples of these policies include, but are not limited to, 3.06/Sexual Misconduct, Sexual Harassment, Relationship Violence and Stalking Policy for Employees and Visitors, 3.19/Prohibition of Retaliation, 3.47/Discrimination Review Procedures for Students, Employees and Visitors, and 8.16/Sexual Misconduct, Relationship Violence, and Stalking Policy for Students.

    The following list describes actions that detract from the effectiveness of the University community and are prohibited, but does not include constitutionally protected activity:

    1. Academic Integrity

      1. engaging in academic misconduct as described by Section 2.17/Student Academic Integrity
    2. Alcohol, Drugs, & Other Substances

      1. Underage Possession and/or Consumption of Alcohol – underage possession and/or consumption of alcohol
      2. Unauthorized Possession and/or Consumption of Alcohol – possession and/or consumption of alcohol except as expressly permitted by law and University policy
      3. Unauthorized and/or Unlawful Distribution, Sale, and/or Service of Alcohol – engaging in the distribution, sale, and/or service of alcohol, regardless of age, except as expressly permitted by law and University policy
      4. Possession of Common Source Container(s) – possessing common source alcoholic beverage container(s) including, but not limited to, kegs, mini-kegs, coolers, beer balls, trashcans, and tubs
      5. Social Host – permitting any individual or group to consume alcohol in a space owned, occupied, or controlled by the host, except as expressly permitted by law and University policy
      6. Excessive and/or Rapid Consumption – engaging in any behavior which encourages, facilitates, or constitutes excessive and/or rapid alcohol consumption including, but not limited to, keg stands, alcohol luges, beer bongs, and drinking games
      7. Manufacturing and/or Producing Alcohol – engaging in the manufacture or production of any alcoholic beverage including, but not limited to, cereal malt beverage (beer), wine, moonshine, and liquor except as expressly permitted by law and University policy
      8. Open Container – possession of an open alcohol container in a vehicle (e.g. automobile, motorcycle, bicycle, skateboard, scooter, Segway, hover board, tractor, etc.), in open spaces, or public except as expressly permitted by law and University policy
      9. Unauthorized Possession, Use, and/or Misuse of Drugs and/or Other Substances – unauthorized possession, use, and/or misuse of drugs and/or other substances which may alter a student’s mental state or impair a student’s behavior including, but not limited to, marijuana, cocaine, heroin, lysergic acid (LSD), MDMA, steroids, amphetamines, prescription medication, and/or over the counter medication
      10. Unauthorized Possession and/or Use of Drug Paraphernalia – engaging in the possession and/or use of drug paraphernalia (i.e. any equipment, product, or material that is for making, using, or concealing drugs and/or other substances) including, but not limited to, pipe(s), bong(s), grinder(s), rolling paper(s), or a scale
      11. Unauthorized Manufacture, Sale, and/or Distribution of Drugs and/or Other Substances – engaging in the unauthorized manufacture, sale, and/or distribution of drugs and/or other substances which may alter a student’s mental state or impair a student’s behavior including, but not limited to, marijuana, cocaine, heroin, lysergic acid (LSD), MDMA, steroids, amphetamines, prescription medication, and/or over the counter medication
      12. Driving While Impaired – control or operation of a vehicle (e.g. automobile, motorcycle, bicycle, skateboard, scooter, Segway, hover board, tractor, etc.) when impaired by alcohol, drugs, or another substance
      13. Public Intoxication – being impaired by alcohol or another substance to the point where one’s behavior adversely affects, or could affect, the regular operations of members of the University community
    3. Damage and/or Destruction of Property

      1. engaging in the intentional, reckless, and/or unauthorized defacement, damage, or destruction of University property or the property of another
    4. Disruptive Behavior

      1. Failure to Comply – failure to comply with the reasonable directive or request (including appearing for meetings or student conduct hearings) of a University official, law enforcement officer, emergency responder, or any protective order including, but not limited to, Protection from Abuse or Stalking Orders, No Contact Orders, No Trespass Notices, building or campus ban/restriction, or removal from campus housing facilities
      2. Interference with a University Process or Procedure – behavior that disrupts, disturbs, impairs, interferes with, or obstructs the orderly conduct, processes, and functions of the University or the rights of other members of the University community
      3. Academic Environment Disruption – behavior that disrupts, disturbs, impairs, or interferes with the orderly conduct, processes, and functions within a classroom, laboratory, or other academic environment. This includes interfering with the academic mission of the University, interfering with other students’ ability to benefit from the educational program, or interfering with a faculty member’s ability to carry out the normal educational functions of any academic environment.
      4. University Event Disruption – behavior that disrupts, disturbs, impairs, or interferes with the orderly conduct and processes involved in a University event. University events include, but are not limited to, meetings, concerts, speakers, film screenings, theatre or musical performances, Convocation, and Commencement.
      5. Disruptive Behavior– behavior that the person knows or should have known will disturb, alarm, anger, or provoke others or constitutes a breach of the peace, including, but not limited to, unauthorized or unlawful assembly, or engaging in public fighting
    5. Fire and General Safety

      1. Breaking the Plane – throwing, dropping, or releasing any object or substance out or off of a University building or vehicle without express authorization by a University official. This includes, but is not limited to, balconies, railings, roofs, or windows.
      2. Failure to Follow Emergency Procedures – failure to follow emergency procedures during an actual emergency or drill including, but not limited to, evacuating during a fire emergency or drill, failure to move to the designated shelter during a tornado emergency or drill, or failure to notify the University of a fire explosion, chemical spill, or other safety hazard
      3. Falsely Reporting an Emergency – making a false report regarding an emergency including, but not limited to, a bomb threat, a fire, or other emergency
      4. Fire, Explosion, or Other Safety Hazard – intentionally or recklessly causing a fire, explosion, or other safety hazard including, but not limited to, blocking emergency exits
      5. Fireworks, Hazardous Chemicals, or Explosives – unauthorized possession of or use of fireworks, hazardous chemicals, or explosives
      6. Interference with or Misuse of Emergency Equipment – tampering with, damaging, disabling, interfering with, or misusing emergency equipment including, but not limited to, fire alarms, fire doors, fire extinguishers, fire sprinklers, fire hoses, the Shocker Alert system, or an emergency call box
    6. Harm and Endangerment

      1. Physical Violence – engaging in behavior that intentionally or recklessly causes physical harm including, but not limited to, scratching, biting, pulling, throwing objects, pushing, shoving, punching, slapping, spitting, pinching, kicking, or holding another against their will.
      2. Threats ­engaging in behavior, written or verbal, that causes a reasonable expectation of injury to the health, safety, or well-being of any individual, student group, or student organization; or damage to property. This behavior includes implied threats or acts that cause another individual a reasonable fear of harm. Threats may occur via written, electronic, verbal, or any other form of communication.
      3. Harassment – engaging in behavior that is severe, pervasive, or persistent to a degree that it interferes with a reasonable person’s ability to work, learn, live, participate in, or benefit from the services, activities, or privileges provided by the University. Harassment may occur via written, electronic, verbal, or any other form of communication; or through physical presence; and includes, but is not limited to, bullying, cyberbullying, intimidation, or coercion.
      4. Endangerment – engaging in behavior that endangers the health, safety, or well-being of any individual, student group, or student organization by posing a risk of physical or emotional harm and/or creating hazardous conditions.
      5. Harm or Endangerment of Animals – engaging in behavior that threatens or endangers the health or safety of any animal except as permitted by law or University policy.
    7. Hazing

      Any act or action which has the potential to endanger the mental or physical health or safety of any individual as it relates to an individual’s initiation, admission into, or affiliation with any student group or organization. It is not necessary that a person’s initiation or continued membership is contingent upon participation in the activity, or that the activity was sanctioned or approved by the student group or organization, for a charge of hazing to be upheld. It shall not constitute an excuse or defense to the charge of hazing that the participants took part voluntarily, gave consent to the conduct, voluntarily assumed the risks or hardship of the activity, or that no injury was suffered or sustained. The actions of alumni, active, new, and/or prospective members of a student group or organization may be considered hazing. Hazing is not confined to the student group or organization with which the individual subjected to the hazing is associated. Allegations of hazing are considered under the reasonable person standard. Hazing includes:

      1. acts that endanger the physical health or safety of an individual including, but not limited to, whipping; beating; paddling; caning; forced calisthenics; forced consumption of alcohol, drugs, food, or any other substances; exposure to the elements; sleep deprivation; kidnapping; abandonment; forced or coerced poor hygiene; or mutilation or alteration of parts of the body;
      2. acts that endanger the mental health or safety of an individual including, but not limited to, personal servitude; forced or coerced exclusion from social contact; forced or coerced wearing of apparel which is conspicuous, out of character, and/or inappropriate; line-ups and berating; morally degrading behavior; or conduct that demeans, disgraces, degrades, humiliates, or embarrasses an individual;
      3. acts that interfere with an individual’s academic attendance or performance or other obligations including, but not limited to, religious or employment responsibilities; and/or
      4. acts that explicitly or implicitly encourage or require participation in activities that would constitute a violation of law or University policy.
    8. Keys/Unauthorized Entry

      1. Unauthorized Entry – engaging in the misuse of access privileges or unauthorized access or entry to any University property, building, structure, or facility of any individual or group.
      2. Unauthorized Keys – engaging in the unauthorized possession, duplication, or use of keys or access cards or codes for any property, building, structure, or facility of any individual or group.
    9. Misrepresentation

      1. Providing False or Misleading Information – providing false or misleading information to a University official or law enforcement officer, or purposefully omitting facts which are material to the purpose for which the information is provided.
      2. Falsification of Records/Documents – forging, altering, or misusing any record or document including, but not limited to, medical documentation, letters of recommendation, transcripts, contracts, financial aid forms, receipts, test results, admissions applications or other materials, transfer documents, or applications for residency classification.
      3. Misrepresenting Self, the University, or Another – misrepresenting oneself to a University official, law enforcement officer, potential employer, or other individual or entity; acting as a representative of the University, any group or organization, or any individual without prior authorization; or engaging in the unauthorized use or misuse of University, University-affiliate, group, or organization’s names or images. This includes, but is not limited to misuse of a Shocker Card, WSUID or other form of identification, or permitting another to use your identification for unauthorized purposes.
      4. Fraudulent Identification – manufacturing, distributing, delivering, selling, providing, purchasing, using, or possessing any form of fraudulent identification
    10. Misuse of Computers and/or Communication Technology

      1. Misuse of Computers or other Technology – engaging in unauthorized access, use, modification, destruction, disclosure, or taking of data, programs, or supporting documentation maintained by a Wichita State University or WSU-affiliate computer, computer system, account, computer network, phone, tablet, or causing an authorized user to be denied system, computer, account, or network access.
      2. Misuse of Communication Technology – using communication technology to interrupt the normal operations of any individual, group, organization, or the University, including, but not limited to persistent contact with a University employee or other entity via communication technology.
      3. Unacceptable Use – violation of Section 19.01/Acceptable Use and/or Section 19.05/University Information Technology Resources and Email or any other policy referenced therein.
      4. Violation of Copyright Lawengaging in unauthorized use or possession of copyrighted material including, but not limited to; downloading, distributing, or facilitating others to be able to access copyrighted music, films, software, or other materials; unauthorized use of copyrighted graphics, logos, or names; or any other violation of Copyright Law.
    11. Relationship Violence

      engaging in relationship violence as defined by: Section 8.16/Sexual Misconduct, Relationship Violence, and Stalking Policy for Students.

    12. Retaliation

      engaging in, or causing another to engage in, an adverse action or threat of an adverse action against a Complainant, Respondent, or any individual or group of individuals involved in the complaint, investigation, and/or resolution of an allegation of a violation of University policy; including any individual who attempts to intervene or prevent behavior prohibited by this policy. Retaliation can be committed by an individual or group of individuals, not just a Complainant or Respondent. Retaliation can take many forms including threats, intimidation, pressuring, continued harassment, violence, or other forms of harm to others. Any complaint regarding retaliation by a student, student group, organization, employee or visitor should be reported to the Office of Institutional Equity and Compliance.

    13. Sexual Misconduct

      Engaging in sexual misconduct as defined by Section 8.16/Sexual Misconduct, Relationship Violence, and Stalking Policy for Students. Any complaint regarding sexual misconduct should be reported to the Office of Institutional Equity and Compliance.

    14. Solicitation

      Engaging in unauthorized canvassing or solicitation including, but not limited to, sending advertisements or recruitment materials via Blackboard, listservs, or other forms of communication not intended for canvassing or solicitation; placing flyers under and/or on doors in University facilities or on vehicles.

    15. Stalking

      Engaging in Stalking as defined by Section 8.16/Sexual Misconduct, Relationship Violence, and Stalking Policy for Students.

    16. Theft

      engaging in the taking, misappropriation, or possession of University property or the property of another including anything of value, goods, services, funds, and/or other valuables or possession of property that can be reasonably determined to have been stolen.

    17. Tobacco Use and Smoking

      Engaging in the use of any tobacco product or device including, but not limited to, cigarettes, cigars, e-cigarettes, vaping, hookah, or chewing tobacco within University facilities or University vehicles as defined by Section 11.11/Tobacco Free Campus.

    18. Unauthorized and/or Unlawful Gambling

      Conducting, organizing, or participating in any gambling activity except as expressly permitted by law and University policy.

    19. Unpiloted Aerial Systems

      Engaging in the unauthorized use of any unpiloted aerial system on University premises or at University-related activities except as expressly permitted by law and University policy. Using an unpiloted aerial system in a manner that intentionally or recklessly violates another individual’s privacy is also prohibited. Unpiloted aerial systems include, but are not limited to, drones, model aircrafts, autonomous aerial vehicles, and remotely piloted aircrafts. Authorization for use of an unpiloted aerial system must be obtained from the University Police Department.

    20. Violation of Law or University Policy

      1. Violation of Law – behavior that would constitute a violation of any federal, state, and/or local law; city or county ordinance; or when in another state or country, the laws of that state or country.
      2. Violation of University Policy – behavior that would constitute a violation of any Wichita State University policy, rule, or regulation including, but not limited to, those found in the Housing and Residence Life Handbook, Parking Regulations, Graduate/Undergraduate Catalogs, Student Organization & Advisor Handbook, WSU Policies and Procedures Manual, ICAA Manual, Library Facilities Policy, Board of Regents policies, Traffic Regulations, and/or Intramural Sports Handbook.
    21. Weapons

      Engaging in the possession, use, sale, distribution, or display of any firearm, replica firearm, ammunition, weapon, replica weapon, or similar device unless expressly permitted by law and/or University policy. This includes the use of any object or material to cause or threaten physical harm. For a listing of prohibited weapons refer to Section 11.19/Prohibiting Weapons on University Property.

  6. Responsible Action Protocol

    The health and safety of members of the University community and their visitors is one of Wichita State University’s top priorities. The University recognizes that a student’s concern for potential disciplinary action related to use or possession of alcohol, drugs, and/or other substances may hinder their actions in response to a medical emergency. In order to alleviate those concerns and ensure that students and their visitors receive prompt medical attention, the University has adopted a Responsible Action Protocol.

    *More information on this policy can be found in section VII of the Student Conduct Procedures Manual.

  7. Process Outcomes & Consequences

    Students, student organizations, and student groups who are found to have violated Section 8.05/Student Code of Conduct will receive consequences appropriate to the current violation(s) and in consideration of any prior conduct history and/or mitigating or aggravating circumstances. For student groups and organizations, “prior conduct history” includes incidents occurring within the preceding five years. Consequences may be issued individually, or a combination of consequences may be issued. In the case of student groups and organizations, if a consequence issued by a national or other governing body exceeds that of the University, the University may concur with that consequence.

  8. Appeals

    Following written notification of the outcome of their cases, Respondents may submit one appeal request within the University’s process as outlined in the Student Conduct Procedures, Section IX. Appeals. The presumption is that the investigation and decision processes were appropriately conducted and the burden is on the individual requesting the appeal to prove that the appeal has merit. Appellate reviews are reviews of the record only.

  9. Authority

    1. The Director of the Student Conduct and Community Standards Office (Director) serves as the primary conduct administrator, as designated by the University President. In this capacity, the Director is responsible for the development and implementation of policies and procedures for the administration of the Student Code of Conduct.
    2. The Director shall determine the composition of the Student Conduct Hearing Board. Members are appointed for a one-year term with the possibility of reappointment. University governance bodies may recommend individuals for membership to the Director. All members must complete appropriate and thorough training prior to hearing cases.
  10. Interpretation and Revision

    1. Any question of implementation/application of the Code shall be referred to the Director or their designee for final determination.
    2. The Code shall be reviewed a minimum of every three (3) years under the direction of the Director.
    3. The Director is responsible for notifying the University community of substantial changes to the Code.
  11. Acknowledgements

    Portions of this policy and the associated procedures have been adapted from The National Center for Higher Education Risk Management Group (NCHERM) Model Developmental Code of Student Conduct and are used here with permission. Additionally, Student Conduct & Community Standards wishes to acknowledge the following institutions for their example, inspiration, and assistance in developing this policy:

Effective Date

October 3, 2017

Revised Date

August 23, 2018


Related

Student Conduct Procedures maintained by Office of Student Conduct and Community Standards

Chapter 8 | Table of Contents

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