Section 3: Prohibited Conduct

The behaviors listed in this section violate the University’s student code of conduct.  This list is not exhaustive, but is intended to describe general types of behavior that may result in disciplinary action. These codes apply both to student behavior which occurs on campus or at University sponsored events as well as those occurring off-campus.  Prohibited behavior includes not only completed actions, but also attempted violations of the student code of conduct.

A student who withdraws from the University shall not be exempt from disciplinary proceedings for behavioral infractions which took place prior to withdrawal. Campus disciplinary procedures shall be followed with the accused student receiving due notice of hearing. Any resulting sanction of suspension or dismissal will be notated on the undergraduate or graduate academic transcript, as well as the student’s conduct record.

1. Fire Safety

    1. Causing or creating a fire, regardless of intent (except as authorized for use in class, or in connection with University-sponsored research or other approved activities).

    2. 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.

    3. 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.

2. Weapons and Dangerous Objects

Possessing or using any object or substance designed to inflict a wound, cause injury, or incapacitate, including, but not limited to, all firearms, switchblade knives, knives with blades five or more inches in length, explosives, fireworks or dangerous chemicals (except as authorized for use in class, or in connection with University-sponsored research or other approved activities). The term firearms include pellet guns, air guns, rifles, shotguns, handguns, multiple firing weapons and any weapon capable of firing a shot.

Permission to store a rifle, shotgun or firearm may be requested through the University Police Department (UPD) and is subject to written approval by the University Police Department. All weapons for which permission has been granted for storage on campus must be stored at the University Police Department and may be signed out by the owners through a log maintained by the University Police Department.  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’s Student Conduct System.

3. Threatening or Abusive Behavior

Intentionally or recklessly causing physical harm to any person or reasonable fear of such harm. Students cannot justify such behavior as defensive if:
    1. The behavior is a physical response to verbal provocation;

    2. The student has the ability to leave the situation, but instead chooses to respond physically;

    3. In circumstances where such actions are punitive or retaliatory. 

4. Harassment

Conduct that is so pervasive or severe that it effectively denies the individual reasonable access to University resources or opportunities. (See the University's supplemental policy on Harassment/Sexual Harassment for further information).

5. 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. (See the University's supplemental policy on Intimate Partner Abuse & Stalking for further information.)

6. Stalking

A course of conduct 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. Stalking also includes incidents 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.(See the University's supplemental policy on Intimate Partner Abuse & Stalking for further information.)

7. Endangerment

Acting to create or contribute to dangerous or unsafe environments anywhere on or off-campus. Reckless or intentional acts which endanger, or put at risk, the welfare of oneself or others are prohibited.

8. 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 the University's supplemental policy on Harassment/Sexual Harassment for further information.)

9. 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 the University's supplemental policy on Sexual Assault Prevention.

10. Hazing

Hazing is 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. It can also include activities that damage, destroy or remove any public or private property. (See the University's supplemental policy on Hazing for further information.)

11. 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.
(Students should be warned that if found in-violation 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 Conduct System outlined in Community Rights and Responsibilities.
The University’s Standards of Academic Integrity are set forth here.

12. Forgery, Fraud, Dishonesty

Altering or misusing documents, records, stored data or instrument of identification, or furnishing false information to any University, local, state or federal official.

13. Property Damage

    1. Removing, destroying or damaging University property, or property under University administration or supervision.

    2. Destroying or damaging the property of others, on or off-campus.

14. Theft

Stealing property and/or services; possessing stolen property.

15. Unauthorized Entry or Use

Entering or using facilities or property on or off-campus, belonging to individuals, University-recognized groups and/or corporate entities without proper authorization.

16. Drugs

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. Drug paraphernalia including, but not limited to: bongs, water pipes, or hypodermic needles that are not specifically required for the administration of prescribed medications are not allowed on campus. 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 Section 3 of the University's supplemental policy on Alcohol & Drugs.

17. Alcohol

Consistent with New York State Law, individuals under the age of 21 years are prohibited from using, possessing, or distributing alcoholic beverages.  Individuals over the age of 21 may use and possess alcohol as permitted by the law and University regulations. Open containers and public intoxication are prohibited. Students who are irresponsible in their use of alcohol or who provide alcohol to minors will be subject to this code regardless of the student’s age. This applies to both on campus and off-campus behavior.
The entire policy governing the use of alcoholic beverages is available in University's supplemental policy on Alcohol & Drugs.

18. 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.

19. Student Group Violations

Students are expected to know and abide by the regulations governing their membership in a student organization (e.g. fraternities and sororities). Prohibited conduct by officers/members of student groups and organizations may result in referral to the Student Conduct System for individual students.
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.
Full policies are available at http://www.albany.edu/involvement/leadyourgroup.shtml  and can be discussed in person at the Office of Student Involvement and Leadership, CC 130, (518) 442-5566 or email involvement@albany.edu

20. Compliance

Failing to comply with the directions of an authorized local, state, federal or University official 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.

21. 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:
    1. 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;

    2. 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;

    3. Altering any parking decal, temporary parking hang tag or any other documents relating to obtaining parking privileges in any manner;

    4. Using verbal or physical abuse, or threats of violence against any Parking and Mass Transit staff member; and 

    5. Driving under the influence of alcohol or other drugs. 
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 Student Conduct System. 

22. Smoking

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.

23. 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/license.shtml.

24. Disruptive Conduct

Impairing, interfering with or obstructing 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.

25. Responsible Use of Electronic Communication

The policy that outlines responsible use of University Information Technology policies is available at http://www.albany.edu/its/its_policies.htm. Violations of this policy are subject to referral to The Office of Conflict Resolution and Civic Responsibility. 

26. 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 the University's supplemental policy on Hate or Bias-Related Crime for further information.

27. Gambling

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.

28. Abuse of the Student Conduct System

Abusing the Student Conduct System, including but not limited to:
    1. Failure to obey the summons of a Student Conduct Body or University official.

    2. Falsification, distortion, or misrepresentation of information before a Student Conduct Body.

    3. Disruption or interference with the orderly conduct of a student conduct proceeding.

    4. Knowingly instituting a student conduct referral without cause.

    5. Attempting to discourage an individual’s proper participation in, or use of, the Student Conduct System.

    6. Attempting to influence the impartiality of a member of a Student Conduct Body prior to, and/or during, and/or after a student conduct proceeding.

    7. Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Body prior to, and/or during, and/or after a proceeding.

    8. Failure to comply with the sanction(s) imposed under the student code of conduct.

    9. Influencing or attempting to influence another person to commit an abuse of the Student Conduct System.

29. Retaliation

    1. Engaging, directly or indirectly, in any action or attempting to harass, intimidate, retaliate against, or improperly influence any individual involved with the Student Conduct System.

    2. An intentional act taken against an individual who initiates any sexual misconduct complaint, including stalking of intimate partner violence, pursues legal recourse for such a complaint, or participants in any manner in the investigation of such a report. Any act of retaliation is prohibited and is subject to a student conduct referral. Information on how to report retaliation is found in the University's supplemental policy on Sexual Assault Prevention.