Prohibited Conduct



Scope: Who is covered by this Policy?

Undergraduate Students, Graduate Students and Student Organizations

Policy

A student may be suspended or dismissed for a single violation. Multiple violations or additional violations of the Code of Student Conduct may result in more severe sanctions.

More than one sanction may be imposed for a single violation.* A single act may constitute a violation of more than one conduct regulation. Being under the influence of drugs or alcohol will not diminish nor excuse a violation of the Student Conduct Regulations.

The standard used to determine responsibility is a “preponderance” standard. The standard is met by the information that has the most convincing force; the greater weight of credible information. We consider all the information presented at the hearing (including any incident report, statements from the accused student(s) and the complainant, if applicable, and statements of witnesses or others with knowledge). A student is found responsible for violating the Code of Student Conduct if he or she accepts responsibility for the violation or the information demonstrates by a preponderance of the available information that the person is responsible. A presumption of responsibility should not be made as the result of allegations. A Student Conduct Hearing is an educational meeting—not a legal proceeding.

Interfering with a University Function (101)

Actions that interfere with, obstruct, or disrupt University functions are prohibited. University’s functions, on or off campus, are defined to include teaching, research, administration, disciplinary proceedings, University activities, public safety, and public service functions. This prohibition extends to non-university functions when held on University premises. (See the policy “Right of Expression of Students” guaranteeing the right of expression of students).

Dishonesty (102)*

Students are expected to act with honesty and integrity in all matters and at all times. Failing to act with honesty and integrity at any time or in any matter is prohibited. Dishonest conduct, including, but not limited to: knowingly reporting a false emergency; knowingly making false accusation of misconduct; misuse or falsification of university or related documents by actions such as forgery, alteration, or improper transfer; submission of information known by the submitter to be false is prohibited.

*If the student has been found responsible for a previous act of academic dishonesty or for previously violating the Dishonesty section of the Code of Student Conduct, the minimum sanction will be suspension for a minimum of either fall or spring semester and may also include summer or winter term (Note that a student may not be suspended solely for either summer and/or winter term).

Violations (103)

Title IX – Sexual Misconduct, Interpersonal Violence and Sexual Harassment (103A)See Appendix A. Title IX Violations-Definitions of the Code of Student Conduct.

Sexual Misconduct (103A)

Any sexual act directed against another person, without their consent, including instances where the person is incapable of giving consent is prohibited. Sexual Misconduct includes sexual assault, sexual exploitation and indecent exposure.

Interpersonal Violence (103A)

Stalking, dating violence and domestic violence are prohibited.

Sexual Harassment (103A)

Sexual Harassment is prohibited. Students are responsible for knowing and complying with the University’s Title IX Protocol-Sexual Misconduct Policy and Procedures for Students, which can be found in the Title IX Protocol policy.

Copies of the Title IX Protocol-Sexual Misconduct Policy and Procedures for Students are available in the Office of Community Standards, Women’s Center, Office of the Dean of Students, the Miami University Police, the Oxford Police Department, and the Sexual Assault Prevention Program Office.

Note: An accused student, who after having a hearing for a violation of “Sexual Misconduct”, or “Interpersonal Violence”, or “Sexual Harassment”, is found not responsible, may be found responsible and sanctioned for a violation of “Endangering Health or Safety”.

Endangering Health or Safety (103B)

Taking or threatening action that endangers the safety, physical or mental health, or life of any person, or creates a reasonable fear of such action.

Damage, Theft, Trespass, or Unauthorized Use of Property (104)

Intentional or reckless conduct that results in damage (including tampering or defacing), theft, trespass, or unauthorized use of property of the University or of any other person or entity is prohibited. The unauthorized use of University property for personal gain is also prohibited. Students may not use University property for any activity prohibited by federal, state, or local law or this Code.

Alcohol (105)

  1. Fermented alcoholic beverages (e.g. beer, wine, cider, mead or sake)
  2. Distilled Liquors (e.g. vodka, gin, rum, tequila, whiskey, scotch, brandy)

 Intoxication and Prohibited Use of Liquor (105A)

  1. Intoxication or exhibiting negative behavior associated with intoxication after consuming alcohol
  2. Underage possession or consumption of distilled liquor
  3. Furnishing distilled liquor to any person under 21 or permitting any person under 21 to consume distilled liquor in your residence (e.g., residence hall room or off-campus residence)

Prohibited Use of Fermented Alcohol/Open Container (105B)

  1. Underage possession or consumption of  fermented alcohol
  2. Furnishing  fermented alcohol to any person under 21 or permitting any person under 21 to consume fermented alcohol in your residence (e.g., residence hall room or off-campus residence)
  3. If age 21 or over, possession of alcohol in an unauthorized location

Because of Miami University’s commitment to the responsible consumption of alcohol, mandatory minimum penalties will be imposed upon a finding of a violation of this policy.

The University will notify by email or regular U.S. mail the parents of students under the age of 21 who have been found responsible for violating the Code of Student Conduct regarding the use or possession of alcohol or drugs.

A student who after having a hearing for a violation of “Intoxication and Prohibited Use of Liquor (105A) (1)”, is found not responsible, may be found responsible for a violation of “Intoxication and Prohibited Use of Liquor (105A) (2)” or “Prohibited Use of Fermented Alcohol/Open Container (105B) (1)”.  See policy “Sanctions” section “Penalties for Alcohol Violations” for penalties (see policy “Alcohol and University Property” for the Policy on Alcohol Use).

A student who after having a hearing for a violation of the section of this policy “Prohibited Use of Fermented Alcohol/Open Container (105B)”, is found not responsible may be found responsible for a violation of the section of this policy “Complicity (114)”.

Drug Use (106)

Prohibited Use of Drugs (106A)

The use, offer for sale, sale, distribution, possession, or manufacture of any controlled substance or drug except as expressly permitted by law is prohibited. The use, offer for sale, sale, distribution, possession, or manufacture of chemicals, products, or materials for the purpose of use as an intoxicant except as expressly permitted by law is also prohibited.

Possession of Drug Paraphernalia (106B)

Possession of drug paraphernalia is also prohibited. Drug paraphernalia includes any equipment, product, or material of any kind that is used in propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.

A student who after having a hearing for a violation of either part of “Drug Use” is found not responsible may be found responsible for a violation of “Complicity”.

Weapons (107)

Possession or use of a dangerous weapon, device or substance including. firearms, explosive devices, dangerous chemicals, knives, fireworks, compressed air guns, pellet guns, stun or zip guns, Tasers, BB guns, and paint ball guns unless authorized by the Miami University Police Department even if otherwise permitted by law, is prohibited. Use or misuse of weapons, devices, or substances in a manner that causes or threatens serious harm to the safety or security of others is also prohibited.

Discrimination/Harassment (108)

Discrimination or harassment in University education programs on the basis of age, disability, sex, race, color, religion, national origin, disability, age, sexual orientation, gender identity or expression, pregnancy, military status, or protected veteran status is particularly repugnant to the mission of Miami University and is prohibited. (See the “Policy Prohibiting Harassment and Discrimination”).

Note: Reports of Sexual Harassment are addressed under the section of this policy titled “Sexual Harassment”.

Hazing (109)

Coercing another, including the victim, to do any act of initiation into, or as a condition of participation in, a student organization, fraternity or sorority, or activity that causes or creates a substantial risk of causing physical or mental harm to any person is prohibited. (See Appendix D of the Code of Student Conduct for examples and discussion).

Note: Because of Miami University’s commitment to maintaining an environment free from hazing, mandatory minimum penalties will be imposed upon a finding of violation of this policy.

Violation of University Rules or Law (110)

Violation of other published university rules, policies, standards, guidelines, or violations of federal, state, or local law.

Failure to Comply (111)

Failure to comply with the directions of law enforcement, emergency personnel or authorized University officials, in the performance of their duties, including failure to identify oneself when requested.

Abuse of Technology (112)

Theft or other abuse of University computing resources is prohibited. Students are responsible for knowing and abiding by the regulations outlined in the Responsible Use of Computing Resources policy. Abuse of Technology also includes, but is not limited to, any unauthorized use of electronic or other devices to make an audio or video record of any person while on University premises without his or her prior knowledge, or without his or her effective consent when such a recording is reasonably likely to cause injury. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, classroom, or restroom.

Disorderly Conduct (113)

Conduct which is disorderly, lewd, or indecent or which breaches the peace is prohibited.  Disorderly or disruptive conduct which unreasonably interferes with university activities or with the legitimate activities of another is prohibited.

Complicity (114)

Conspiracy to commit, solicitation of another to commit, aiding or abetting the commission of, or attempting to commit any violation of this Code is Prohibited Conduct. This includes, but is not limited to, being present in a residence hall room or with a group of persons where the prohibited use of alcohol or drugs is occurring.

Retaliation (115)

Retaliation is strictly prohibited. Any retaliatory action or conduct by any person against a person who has filed a report, served as a witness, assisted, or participated in any investigation or in any University proceeding, is strictly prohibited. This protection against retaliation extends to any person who opposes acts of sexual harassment or discrimination, sexual misconduct, domestic violence, dating violence, or stalking, or who testifies, assists, or participates in any manner in an investigation, proceeding, or hearing relative to harassment or discrimination.

Violation of Sanctions (116)

Violation of any terms of disciplinary restrictions, probation, or suspension is prohibited. Failure to satisfactorily complete sanctions is a violation of University policy.

Violation of University Policy (117)

Students are expected to follow all University policies, procedures, and regulations. Failure to follow University policies, procedures, or regulations is prohibited. Such policies, procedures, and regulations include but are not limited to:

  1. Residence Hall Contracts and Guide to Residence Hall Living Rules and Regulations;
  2. Signs, Posters, and Banners; Solicitation and Political Canvassing Regulations (see the following two policies: “Signs, Posters, and Banners” and “Solicitation, Political Canvassing, Sales Projects, and Raffles”);
  3. Smoke- and Tobacco-Free Environment Policy;
  4. The Miami Bulletin-General Edition;
  5. Recreational Sports Rules and Regulations;
  6. Housing, Dining, Recreation, and Business Services Rules and Regulations.

Unauthorized Use of University Keys or Access Cards (118)

The unauthorized use, distribution, duplication, or possession of any access device including keys or access cards issued for any University building, laboratory, facility, or room is prohibited.


Related Form(s)

Not Applicable.


Additional Resources and Procedures

Websites

The Miami Bulletin-General Edition


FAQ

Not Applicable.


Policy Administration

Next Review Date

7/1/2023

Responsible Officer

Director, Office of Community Standards

Legal Authority

Ohio Revised Code 3345.21

Compliance Policy

Yes

Revision History

 Amended July 2018

Reference ID

Student Handbook 2.1

Reviewing Bodies

  • Student Life Council
  • Administrative