VI. Prohibited Conduct
The conduct listed in this section is in violation of Community Rights and Responsibilities. Such conduct is expressly prohibited. This list is not exhaustive, but is intended to place students on notice of the types of conduct that may result in disciplinary action. The provisions of Community Rights and Responsibilities shall apply both to conduct which occurs on campus or at University sponsored events and to conduct occurring off campus if such off campus conduct is deemed adverse to the interests of the University community. Prohibited conduct includes not only completed actions but also attempted violations of Community Rights and Responsibilities. Prohibited conduct may result in referral to the judicial system. Student groups and organizations recognized administratively or by student government(s) and/or their officers may be charged with, and held responsible for violations of these conduct codes. Sanctions against the student organization and its officers may include revocation of recognition of the group, loss of permission to use University facilities and the University name, as well as other appropriate sanctions pursuant to Section VIII of this code. It is a violation of University policy for students to affiliate with organizations that have had their University recognition suspended or permanently revoked by the University. The definition of affiliation includes joining, rushing, pledging or being involved in any activity that would normally be associated with being a member of such organization.
- Fire Safety
- a. Causing or creating a fire.
- b. Tampering with safety measures or devices, including but not limited to, alarm systems, fire extinguishers, exit signs, emergency phone systems, smoke or heat detectors, fire hoses, security systems, locked exterior doors, etc.
- c. Failing to conform to safety regulations, including but not limited to, falsely reporting an incident, failure to evacuate facilities in a timely fashion in emergency situations or in response to fire alarms, inappropriate use of the fire alarm system.
- Weapons and Dangerous Objects
Possessing or using any air gun, firearm, rifle, shotgun, other weapons, explosives, fireworks or dangerous chemicals (except as authorized for use in class, or in connection with University-sponsored research or other approved activities).
Permission to store a rifle, shotgun or firearm may be requested through the University Police Department and is subject to written approval. All weapons for which permission has been granted for storage on-campus must be stored at the University Police Department (UPD) and may be signed out by the owners through a log maintained by UPD. You may NOT bring any weapon onto campus without prior written approval to do so.
NOTE: Possession of any rifle, shotgun or firearm in or upon any building or grounds of the University is also a crime under New York state law without written authorization from the President. Any person doing so without authorization is subject to arrest and incarceration in addition to any penalty that may be assessed through the University Conflict Resolution process.
- Threatening or Abusive Behavior
Intentionally or recklessly causing physical harm to any person or intentionally or recklessly causing reasonable apprehension of such harm. This conduct includes but is not limited to: a) inflicting bodily harm upon a person by using a self-defense spray in circumstances that do not justify the use of such a device; b) in response to verbal provocation; c) when retreat or withdrawal is a viable option; or d) in circumstances where such actions are punitive or retaliatory.
Conduct that is so pervasive or severe that it effectively denies the individual reasonable access to University resources or opportunities. See Appendix B for further information.
- Intimate Partner Abuse
Also referred to as: relationship violence, domestic violence, or dating violence. It is a pattern of coercive behaviors that serve to exercise control and power in an intimate relationship. The coercive and abusive behaviors can be physical, sexual, psychological, verbal and/or emotional in nature. Intimate partner abuse can occur in relationships of the same or different genders; between current or former intimate partners who have dated, lived together, or been married.
A course of conduct (pattern or repeated) by a stranger or acquaintance directed at a specific person that directly or indirectly distresses, intimidates or threatens and places a reasonable person in fear.
An extension of the physical form of stalking (defined in Prohibited Conduct #6) where electronic media such as the internet, pagers, cell phones, or other similar devices are used to pursue, intimidate or threaten and place a reasonable person in fear.
- Sexual Harassment
Unwelcome verbal or physical conduct of a sexual nature that is sufficiently severe or pervasive to effectively alter or deny the individual reasonable access to University resources or that such conduct creates an intimidating, hostile or sexually offensive environment for learning, working or living on campus. See Appendix B for further information.
- Rape, Sexual Assault and Sexual Exploitation
Sexual Assault I — By a stranger or acquaintance, sexual intercourse or any sexual penetration, however slight, of another person’s oral, anal, or genital opening with any object (an object includes but is not limited to parts of a person’s body) where active consent was not established. Where the victim purported to give consent, but the accused used force, threat, intimidation, or the victim’s mental or physical helplessness, the charge of Sexual Assault I also applies. Mental or physical helplessness would include, but not be limited to, sleep, as well as the inability to consent due to excessive alcohol or drug use or consumption.
Sexual Assault II — By a stranger or acquaintance, touching a person’s intimate parts (defined as genitalia, groin, breast, or buttocks), whether directly or through clothing, where active consent was not established. Sexual Assault II also includes forcing an unwilling person to touch another’s intimate parts. Where the victim purported to give consent, but the accused used force, threat, intimidation, or the victim’s mental or physical helplessness, the charge of Sexual Assault II also applies. Mental or physical helplessness would include, but not be limited to, sleep, as well as the inability to consent due to excessive alcohol or drug use or consumption.
Sexual Exploitation — Nonconsensual, abusive sexual behavior that does not otherwise constitute Sexual Assault I, Sexual Assault II or Sexual Harassment. Examples include but are not limited to: intentional, nonconsensual tampering with or removal of condoms or other methods of birth control and STI prevention prior to or during sexual contact in a manner that significantly increases the likelihood of STI contraction and/or pregnancy by the non-consenting party; nonconsensual video or audio taping of sexual activity; allowing others to watch consensual or nonconsensual sexual activity without the consent of a sexual partner; observing others engaged in dressing/undressing or in sexual acts without their knowledge or consent; trafficking people to be sold for sex; and inducing incapacitation with the intent to sexually assault another person.
The University’s Sexual Assault Prevention statement and Statement of Principles and Rights are set forth in Appendix J.
Hazing is defined as any reckless or intentional conduct in connection with the initiation into or affiliation with any organization which degrades, humiliates or endangers the mental or physical health of any person, regardless of the person’s willingness to participate, or which damages, destroys or removes any public or private property. See Appendix F for examples and additional detail.
- Academic Dishonesty
Conduct including, but not limited to, plagiarism, cheating, multiple submission, forgery, sabotage, unauthorized collaboration, falsification, bribery or use of purchased research service reports without appropriate notation; and theft, damage or misuse of library or computer resources. Attempts to commit such acts shall also constitute academic dishonesty. Students assume full responsibility for honesty in academic exercises.
The University standards of academic integrity are set forth in Appendix C. **
**Students should be warned that if found guilty of academic dishonesty they may be subject to two types of sanctions. If the instructor is convinced that the student has been dishonest, he or she may administer an academic penalty. The student who disagrees with the judgment or penalty may appeal through established academic appeal procedures. Consult the appropriate department chair, school dean, or academic bulletins for details. At the same time the student may be subject to the proceedings and penalties of the student judicial system outlined in Community Rights and Responsibilities.
- Forgery, Fraud, Dishonesty
Altering or misusing documents, records, stored data or instrument of identification, or furnishing false information to any University official or faculty member.
- Property Damage
- a. Removing, destroying or damaging University property, or property under University administration or supervision.
- b. Destroying or damaging the property of others.
Stealing property and/or services; knowingly possessing stolen property.
- Unauthorized Entry or Use
Entering or using University facilities or property, or property belonging to individuals or University-recognized groups or corporate entities, without proper authorization, or permitting others to do so by willful tampering with locks or security devices.
Consistent with the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226), possessing, using, or distributing a controlled substance or dangerous drug, or any drug unlawful to possess, e.g. marijuana, except as expressly permitted by law. No student shall introduce to the campus or possess drug paraphernalia including, but not limited to: bongs, water pipes, or hypodermic needles that are not specifically required for the administration of prescribed medications. Use of legal medication outside the parameters of the medical authorization is prohibited and prescription drugs on campus must have an authentic medical prescription. Resources for students with illegal drug related dependency are listed in Appendix E.
Use, possession, or distribution of alcoholic beverages except as expressly permitted by the law and University regulations or public intoxication. The entire policy governing the use of alcoholic beverages on campus is available in Appendix E.
- Obstruction or Disruption
Obstructing or disrupting University activities, including but not limited to, teaching, research, administration, disciplinary procedures, or other authorized activities including public service functions. It can include participation in campus demonstrations which disrupt the normal operations of the University and infringes on the rights of other members of the University community by leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus.
- Organization and Event Registration
Failing to comply with policies or regulations governing the registration of student organizations, events on campus, and use of University facilities. Policies are available at www.albany.edu/involvement/leaders/tools.html and can be discussed in person at the Office of Student Involvement and Leadership, CC 130, (518) 442-5566 or email firstname.lastname@example.org.
Failing to comply with the directions of an authorized University official, faculty or staff member acting in the performance of his or her duties, or any other person responsible for a facility or registered function acting in accordance with those responsibilities. It is the responsibility of the University official or person acting on behalf of the University to identify him or herself and to state the reasons for the direction that is given. Compliance with this regulation does not supersede the right not to incriminate oneself.
- Parking and Motor Vehicle Violations
Violating University policies and regulations governing the possession or use of motor vehicles on campus. The Office of Parking & Mass Transit publishes these regulations at http://www.albany.edu/pmts/. Violations of this policy include but are not limited to: a) purchasing a parking decal for a car that is registered in Department of Motor Vehicles to a resident freshman, a parent of a resident freshman or anyone else who lives at the same address as the resident freshman; b) purchasing a decal for the vehicle of another student or the vehicle of a family member of another student unless they have the same permanent address; c) altering any parking decal, temporary parking hang tag or any other documents relating to obtaining parking privileges in any manner; d) or using verbal or physical abuse, or threats of violence against any Parking and Mass Transit staff member”. The Office of Parking & Mass Transit has the ability to fine or withdraw the right to use a vehicle on campus in addition to or in lieu of sanctions imposed through the campus judicial process.
Smoking is prohibited in all indoor University buildings, including campus residence halls. Smoking is prohibited out of doors in the following areas: within 30 feet of exterior ventilation intakes; within 10 feet of building entrances and open windows; and in all exterior stairwells.
- Residence Hall Regulations
Failure to abide by Residence Hall Regulations as defined in the terms and conditions of the Residence Hall License. Complete text of the Residence Hall license is available at http://www.albany.edu/housing/docs/10-11License.pdf.
- Disruptive Conduct
Acting to impair, interfere with or obstruct the orderly conduct, processes and functions of the University or surrounding community. This behavior includes, but is not limited to, excessive noise, abusive or obscene language in a public place, obstructing vehicular or pedestrian traffic and boisterous or threatening conduct which is unreasonable in the area, time or manner in which it occurs.
- Responsible Use of Electronic Communication
The policy that outlines responsible use of University Information Technology policies is available at http://www.albany.edu/its/policies_responsible_use_of_IT.htm. Violations of this policy are subject to referral to The Office of Conflict Resolution and Civic Responsibility.
- Hate or Bias-Related Crime
Intentionally selecting a person against whom a criminal offense is committed or intended to be committed because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation, regardless of whether the belief or perception is correct. (See Appendix I for further information).
Gambling, including, but not limited to, contests of chance, illegal lottery and policy for money or something of value; promoting or advancing gambling; gambling using University computing/network facilities; possessing gambling devices or gambling records is prohibited.
- Abuse of the Judicial System
Abusing the judicial system, including but not limited to:
- a. Failure to obey the summons of a judicial body or University official.
- b. Falsification, distortion, or misrepresentation of information before a judicial body.
- c. Disruption or interference with the orderly conduct of a judicial proceeding.
- d. Knowingly instituting a judicial referral without cause.
- e. Attempting to discourage an individual’s proper participation in, or use of, the judicial system.
- f. Attempting to influence the impartiality of a member of a judicial body prior to, and/or during, and/or after a judicial proceeding.
- g. Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, and/or during, and/or after a judicial proceeding.
- h. Failure to comply with the sanction(s) imposed under the Student Conduct Code.
- i. Influencing or attempting to influence another person to commit an abuse of the judicial system.
- Rules for the Maintenance of Public Order
These rules are promulgated by the SUNY Board of Trustees and are binding of all persons on the campus. Regulations are detailed in Appendix A.
Retaliation is an intentional act taken against an individual who initiates any sexual misconduct complaint, including stalking or intimate partner violence, pursues legal recourse for such a complaint, or participates in any manner in the investigation of such a report. Any act of retaliation is prohibited and is subject to judicial referral. Information on how to report retaliation is found in Appendix J.