Students at the University of Massachusetts Dartmouth are expected to exercise self- discipline and maintain a high standard of honesty and moral conduct. All students are expected to act in a way that does not infringe upon the rights of others or upon the educational process. The University respects the laws and ordinances of the civil jurisdiction within which it lies and is not to be considered a sanctuary from state or federal law.
All students are responsible for knowing their rights and responsibilities described in this document. Students may not claim innocence of a violation of the Student Code of Conduct on the grounds of a lack of awareness.
A. The term “student” for the purposes of this document means an individual for whom the University maintains student records and who is currently enrolled in or registered in any course or academic program at the University regardless of credits; or who has completed a term and is eligible for reenrollment, including recess periods between academic terms; or who is on an approved leave or filing-fee status.
B. This document also applies to applicants who become students for offenses committed as part of the application process or former students for violations committed while a student.
Ultimate authority for student discipline is vested in the Board of Trustees of the University of Massachusetts. Disciplinary authority is delegated to the Chancellor of the University of Massachusetts Dartmouth, who in turn has delegated authority over student misconduct to the Associate Vice Chancellor for Student Affairs and authority for student academic dishonesty to the Provost. In accordance with Family Education Rights and Privacy Act (FERPA) regulations, the Office of Student Affairs is responsible for maintaining all student disciplinary records.
II. Unacceptable Conduct
Students found responsible for unacceptable conduct will be subject to the complete range of sanctions and penalties provided in the Student Conduct Policies and Procedures. Conduct, occurring on or off campus that violates this Code of Conduct or adversely impacts the University and/or the University community may be subject to discipline. The University has special concern for incidents in which students are subject to physical assault or harassment based on religion, gender, ethnicity, national origin, veteran status, or sexual orientation.
Below is a list of violations that includes, but is not limited to, the types of behaviors that are unacceptable by University standards. Any violation of residence halls rules and regulations, violation of civil law, conduct that is considered a crime by the criminal law of the Commonwealth of Massachusetts or of the United States of America and that takes place on University property, in the course of University activity, or that takes place off campus and has reasonably negative implications for the University will be adjudicated through the University conduct process.
Several examples of unacceptable conduct are defined below:
1) Acts of Violence
1.2 Harassment (including Sexual Harassment)
1.3 Sexual Conduct Without Consent
1.7 Endangering One’s Own Safety or the Safety of Others
1.8 Hate Crimes and Incidents
2) Alcohol & Other Drugs
2.1 Alcohol Policy – Possession/Use
2.2 Alcohol Policy – Quantities/Containers (kegs, punch bowls, etc.)
2.3 Alcohol Policy – Distribution/Serving Minors
2.4 Drug Policy – Possession/Use of Illicit Drugs
2.5 Drug Policy- Distribution of Illicit Drugs
3) Disorderly Conduct
3.1 Public Urination
3.2 Falsifying information submitted to any University officer or agency; offering a false statement in any University conduct proceeding
3.3 Forgery, alteration or misuse of a University identification card; failure to show an ID to an identified official or employee of the University upon proper request; falsely identifying oneself to a University official
3.4 Deliberate disobedience or resistance of an identified University official acting in the line of duty
3.5 Refusal to vacate a building, street, sidewalk, driveway or other facility of the University when directed to do so by an authorized officer of the University having just cause to order the evacuation; failure to evacuate for a fire alarm or re-entry prior to return signal
3.6 Individual or group activities that intentionally or recklessly cause serious disturbance or distress to others
3.7 Aiding or abetting any unacceptable conduct described herein this document
3.8 Gambling: under no circumstances are students permitted to gamble on University property
3.9 Altered Licenses: Anyone found in possession of an altered driver’s license, or anyone altering a valid driver’s license, or anyone altering a valid driver’s license of another person, shall be dealt with as follows: said license shall be forwarded to the Registry of Motor Vehicles, a hearing will be held; proof of the charges shall result in loss of license for 90 days. Under Massachusetts General Law any of the above mentioned offenses are felonies. Further disciplinary action will be taken against students in the university
3.10 Theft, accessory to theft, and/or possession of stolen property. Includes reselling stolen property
3.11 Violation of University purchasing procedures. Includes mishandling of funds, failure to follow fundraising procedures, misrepresentation of University involvement in purchases/contracts, etc.
3.12 Failure to complete judicial sanction
3.13 Violation of conduct restriction
3.15 Failure to comply with Host Policy
4) Safety Violations
4.1 Possession of firearms or other dangerous weapons on University property, except in the course of an authorized University activity
4.2 Intentional possession or use on University property of a dangerous article or substance as a potential weapon, or of any article or substance that could injure or discomfort any person
4.3 Possession and/or use of fireworks
4.4 Intentionally false reporting of a fire; intentionally false reporting of a bomb or other explosives having been placed in any University building or elsewhere on University property
4.5 Tampering with fire-fighting or fire alert equipment
4.6 Trespassing or unauthorized entry
4.7 Unauthorized occupation of all or part of any University building - Obstructing or coercing any persons, with the effect of hampering or preventing the discharge of any University function, limiting the freedom of anyone to go about in a lawful manner; or compelling or preventing specific activities related to the University
4.8 Intentional or reckless interference with any class, other University function, or campus activity by means of noise, projectiles, or other form of disturbance or disruption
4.9 Rioting, or aiding, abetting, encouraging, or participating in a riot or rioting, or inciting a riot, including food fights, when conduct occurs on University property or in the course of a University activity
4.10 Violation of Hazing Policy
4.11 Failure to Act
5.1 Using, or attempting to use, University property in a manner inconsistent with its designated purpose
5.2 Possession of/misuse of residence hall furniture, University property, etc.
5.3 Intentional or reckless damage to or destruction of University property or of property on University premises belonging to others
5.5 Destroying/removing advertisements
6) Academic Violations
6.1 Academic Dishonesty
6.3 Unauthorized removal or mutilation of library materials
6.4 Irresponsible, unethical or illegal use of university computer hardware, software, or facilities
7) Residential Violations
7.1 Guest Policy
7.2 Quiet Hours
7.3 Residential Rules and Regulations
Physical assault which includes, but is not limited to physical attack upon or physical interference with a person (including hitting, kicking, spitting, or biting), puts the person in fear for his or her physical safety, or causes the person to suffer actual physical injury.
A student shall not, through act or omission, assist another student, individual, or group in committing or attempting to commit a violation of this Student Code of Conduct. A student who has knowledge of another person committing or attempting to commit a violation of the Student Code of Conduct is required to remove him or herself from the situation. Failure to do so, when reasonable under the circumstances, may be the basis for a violation of this policy.
Failure to Act
When a student witnesses or has clear knowledge of an act that has the reasonable potential to cause harm or endanger, a student has the responsibility to report the violation to Public Safety, a staff person, or a member of the University faculty.
Harassment includes but is not limited to, actions that prevent the person from conducting his or her customary or usual affairs. Also included is conduct less than a physical attack or physical interference that is directed at a person and that unreasonably interferes with that person in the conduct of his or her customary or usual affairs, such as the posting of threatening letters directed to the person; the use of threatening language directed at another; intimidation (incl. witnesses documented in an incident or from a hearing); threatening telephone calls, e-mails, instant messages and text messages; or the vandalism of a person’s room or property.
Hate Crimes and Incidents
A hate incident is a violation of the Code of Student Conduct that is deemed to have been motivated by bigotry or bias against a member of a federally protected class of people. A hate crime is a criminal act coupled with overt actions motivated by bigotry and bias including, but not limited to a threatened, attempted or completed overt act motivated at least in part by racial, religious, ethnic, handicap, gender or sexual orientation prejudice, or which otherwise deprives another person of his or her constitutional rights by threats, intimidation or coercion, which seek to interfere with or disrupt a person’s exercise of constitutional rights through harassment or intimidation (Chapter 22c, Section 32 of the Massachusetts General Laws).
A host is an individual, or group of individuals, who receives or entertains guests at his or her residence or who plans University events on or off campus. Hosts are responsible for the actions of their guests at all times and will be charged with any violations committed by their guest(s). Hosts who sponsor gatherings that violate the University’s alcohol and other drug policy are subject to a conduct hearing under the host policy.
Sexual Conduct Without Consent
Engaging in sexual conduct with another person without the consent of that person which includes but is not limited to: any unwanted sexual contact including unwanted touching of the breasts, genitals or buttocks, forced vaginal intercourse (rape), forced oral sex, forced anal sex, and forced digital penetration or fingering. This conduct violates the UMD Code of Conduct. Also, situations in which persons cannot make free and informed decisions to engage in sexual behavior such as unconsciousness, being asleep or disabled by drugs/alcohol constitute sexual conduct without consent.
Sexual harassment is a form of general harassment and is defined as follows: unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature if the conduct is sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from the education program, or to create a hostile or abusive educational environment.