Prohibited Conduct
a) Those enrolled at Himilo University (taking classes), including those between academic terms.
b) Those who are not currently enrolled (or taking classes) but do have an ongoing relationship with the University.
c) Those who have been admitted to the University.
d) Organizations affiliated with the University.
a) Conduct Dangerous to Others. Any conduct, or attempted conduct, which constitutes a danger to any person’s health, safety, or personal wellbeing, including, but not limited to, the following: (1) Physical abuse, including, but not limited to actions causing bodily harm to another person, or reckless disregard for the health, safety and welfare of any person. Also, engaging in threatening/intimidating behavior which is so persistent, pervasive, or severe as to deny a person’s ability to participate in the University community;
(2) Verbal threats and/or attempts to intimidate, including, but not limited to statements meant to provoke conflict with another person or which cause a reasonable fear for a person’s safety.
b) Disorderly Conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs institutional functions, operations, classrooms, other groups or individuals (e.g. public urination/defecation, participation in a disruptive or coercive demonstration).
c) Obstruction of or Interference with Institutional Activities or Facilities. Any intentional interference with or obstruction of any institutional program, event, or facility including the following:
(1) Any unauthorized occupancy of facilities owned or controlled by an institution or blockage of access to or from such facilities;
(2) Interference with the right of any institution member or other authorized person to gain access to any activity, program, event or facilities sponsored or controlled by an institution;
(3) The use of force or violence (actual or threatened) to deny, impede, obstruct, impair, or interfere with the freedom of movement of any person, the performance of duties of any University employee, or the occupation of University property after being given due notice to depart;
(4) Participation in a disruptive or coercive demonstration. A demonstration is considered disruptive or coercive if it substantially impedes University operations, interferes with the rights of others, or takes place on premises or at times where students are not authorized to be;
(5) Obstruction of the free flow of pedestrian or vehicular traffic on University property or at University sponsored/supervised functions
d) Misuse of or Damage to University, or Private Property. Any act of misuse, harm, malicious or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to another including, but not limited to, any personal property, fire alarms, fire equipment, elevators, telephones, institution keys, library materials and/or safety devices.
e) Theft, Misappropriation, or Unauthorized Possession of Property. Any act of theft, misappropriation, or unauthorized possession of University or personal property.
f) Financial Irresponsibility. Failure to meet financial responsibilities to the University including, but not limited to, knowingly passing a worthless check or money order in payment to the University;
g) Unacceptable Conduct in Disciplinary Proceedings. Any conduct at any stage of a disciplinary proceeding or investigation that is contemptuous, disrespectful, threatening, or disorderly, including:
1 Failure to obey the directives of a disciplinary body or University official(s) in the performance of their duties; (2) Knowing falsification, distortion or misrepresentation of information before a disciplinary body;
(3) Deliberate disruption or interference with the orderly conduct of a disciplinary proceeding;
(4) Making false statements to any University disciplinary body;
(5) Attempting to influence the impartiality of a member of a disciplinary body prior to, or during the course of, a disciplinary proceeding;
(6) Harassment or intimidation of any participant in the University disciplinary process.
h) Academic Misconduct. Plagiarism, cheating, fabrication. For purposes of this section the following definitions apply:
A.Disruptive Behavior in the Classroom
a) In instances where the instructor wishes that a student be permanently removed from the classroom, the matter will be referred to the Director of the Office of Student Affairs who will investigate the matter to determine the appropriateness of such action.
b) If a student wishes to appeal being permanently removed from a class, they may do so by submitting a written letter of appeal to office of student Affairs.
III. Disciplinary Sanctions
a) Warning. A warning constitutes official written notice that a student has violated University rules governing conduct and that repetition of inappropriate conduct would be cause for more serious disciplinary action. A warning will remain in the student’s active disciplinary file for a period of one year from the issuance of the sanction and would be used as a basis for future sanctioning should further violation(s) of Code of Student Rights and Responsibilities occur.
b) Suspension. Suspension involves the separation of a student from the University for a specified period of time. Suspension may be accompanied by special conditions for readmission.
c) Expulsion. Expulsion entails a permanent separation from the institution. The imposition of this sanction is a permanent bar to the student’s admission. Any student receiving a sanction of expulsion shall be permanently trespassed from the campus (and all related University facilities/events).
IV. Victim’s Rights
a. Students who are victimized through violation of the University rules shall be provided with certain rights. Additionally, although the victim’s input shall be sought during the disciplinary process, the right and responsibility for disposition of any individual complaint is reserved by the University. If a victim withdraws a complaint or refuses to offer testimony during the course of a disciplinary proceeding, the University reserves the right to proceed with investigation and adjudication of the alleged misconduct. The rights referred to above are as follows:
i. The victim shall be given the opportunity to meet with a Hearing Officer to discuss the disciplinary process.
ii. The victim shall be given an opportunity to submit a written account of the alleged incident.
iii. The victim shall have the right to be accompanied at all stages of the discipline process by an advisor or counsel whose participation shall be limited to advising the victim.
iv. The victim shall be afforded an opportunity to testify as a witness during the disciplinary process.
v. The victim may decline to testify during the disciplinary process, with the knowledge that such action could result in dismissal of allegations of University rules violations for lack of evidence.
vi. The victim will be allowed, if he/she chooses, to submit a written impact statement.
V) Retention of Records
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