Definition of Behavioral Misconduct

Misconduct or prohibited behavior includes, but is not limited to:

1. Alcoholic Beverages
   1. Use, possession, sale, delivery, manufacture or distribution of alcoholic beverages, except as expressly permitted by College policy and federal, state, and local law.
   2. Being under the influence of alcohol and intoxication as defined by federal, state, and or local law.
   3. Inability to exercise care for one's safety, or the safety of others, due in whole or in part to alcohol consumption. Examples include use resulting in a need for medical attention, inability to function without assistance, unconsciousness, incoherent or disoriented behavior, and loss of control of bodily functions.
   4. Violating any policy while under the influence of alcohol.
   5. Storage of alcohol in any amount or use of alcohol containers for decoration.
2. Narcotics or Drugs
   1. Use, possession, sale, delivery, manufacture or distribution of any narcotic, drug, medicine prescribed t someone else, chemical compound or other controlled substance, except as expressly permitted by federal, state, and local law.
   2. Possession of drug-related paraphernalia, except as expressly authorized by federal state and or local law.
   3. Being under the influence of narcotics, drugs, or medication(s) prescribed to someone else, chemical compounds and other controlled substance, except as permitted by federal, state and local law.
   4. Violation of any other policy while under the influence of a controlled substance.
   5. The inability to exercise care for one's safety or the safety of others, due to whole or in part to being under the influence of a controlled substance.
3. Firearms, Weapons, and Explosives
   1. Use or possession of any item (s) considered a legal weapon, including, but not limited to, handguns, firearms, ammunition, fireworks, pellet guns, paintball guns, B.B. guns, knives, explosive and/ or noxious materials deemed potentially harmful to another on College premises are forbidden, except as expressly permitted by federal, state, or local law enforcement.
   2. Flammable Materials/Arson Use or possession of flammable materials, including incendiary devices, or other dangerous materials or substances used to ignite, spread or intensity flames for fire.
   3. Attempting to ignite or the action of igniting College facilities, or personal property either by intent or through reckless behavior which results in damage to College or student property.
   4. Use or possession of flammable materials, including incendiary devices, or other dangerous materials or substances used to ignite, spread or intensity flames for fire.
   5. Attempting to ignite or the action of igniting College facilities, or personal property either by intent or through reckless behavior which results in damage to College or student property.
4. Flammable Materials/Arson
   1. Use or possession of flammable materials, including incendiary devices, or other dangerous materials or substances used to ignite, spread or intensity flames for fire.
   2. Attempting to ignite or the action of igniting College facilities, or personal property either by intent or through reckless behavior which results in damage to College or student property.
5. Theft, Damage or Unauthorized Use
   1. Attempted or actual theft of property or services of the College, other College students, other members of the College community or campus visitors.
   2. Possession of property known to be stolen or belonging to another person without the owner’s permission,
   3. Attempted or actual damage to property owned or leased by the College, by College students, members of the college community or campus visitors.
   4. Attempted or actual unauthorized use of a credit card, debit card, student identification card, cell phone, personal identification number, test number, account information or personal check.
   5. Alteration, forgery or misrepresentation of any form of identification.
   6. Possession or use of any form of false identification.
6. Actions against Members of the College Community
   1. Conduct that threatens or endangers the health or safety of self or others, including, but not limited to, acts such as physical abuse, verbal abuse, threats, intimidation, harassment, stalking, sexual harassment, sexual assault, rape, and coercion.
   2. Intentional or reckless conduct endangers the health or safety of self or others.
   3. Disrespectful behavior toward a student, staff member, or faculty member (as defined by a reasonable person.)
   4. Behavior that disrupts the normal operation of the College, including its students, faculty, and or staff. Disruptive behavior can include but is not limited to, any behavior that disturbs, interferes with, disrupts or prevents any normal operations and functions of the College. As the primary function of the College is education, “normal operations” would include, but are not limited to, teaching, classroom activities, and a student’s right to pursue educational opportunities.
   5. Sexual misconduct that involves:
      • Deliberate touching of another’s sexual parts without consent.
      • Deliberate sexual invasion of another without consent.
      • Deliberate constraint or incapacitation of another, without that person’s knowledge or consent, so as to put another at substantially increased risk of sexual injury.
      • Unwelcomed sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that interferes with, or creates an intimidating, hostile, or demeaning environment for an individual’s academic pursuits, (II) College employment, (III) participation in activities sponsored by the College, organizations or groups related to the College, or (IV) opportunities to benefit from other aspects of College life.
      • Excessive pressure, threats or any form of conduct, coercive tactics or unwanted mental coercion techniques used to retain or recruit a student for membership in an organization.
      • Passive or covert behavior may also be regarded as quite disruptive. Examples of passive, yet disruptive behaviors are those students whose poor personal hygiene so seriously offends the sensibilities of roommates/classmates and instructors that the classroom becomes an academic/residential environment that is no longer tenable.
7. Failure to register as a sex offender with the Campus Police Department.
8. Gambling, Wagering, Gaming or Bookmaking as defined by federal, state, and/or local laws is prohibited on College premises or while using College equipment or other services.
9. Hazing

   Hazing is any intentional, knowing or reckless act directed against a student by one person acting alone or by more than one person occurring on or off the premises that endangers the mental and/or physical health or safety of a student for the purpose of pledging or associating with, being initiated into, affiliating with, holding office in, seeking and/or maintaining membership in any organization whose membership consists of students.

   Note: Consent or acquiescence by a student subjected to hazing is not considered a reasonable defense in a disciplinary proceeding.

   Hazing includes but is not limited to:

   1. Any physical brutalities, such as whipping, beating using a harmful substance on the body or similar activity.
   2. Any physical activity, such as sleep deprivation, exposure to the elements, and confinement in a small space, or calisthenics that subjects the student to an unreasonable risk of harm or that adversely affects the mental and or physical health or safety of a student.
   3. Any activity involving consumption of food, liquid, alcoholic beverage, liquor, drug or other substance which subjects a student to an unreasonable risk of harm or which adversely affects the mental or physical health or safety of a student.
   4. Any activity that intimidates or threatens a student with ostracism, that subjects a student to extreme mental stress, shame or humiliation that adversely affects the mental health or dignity of a student or that discourages a student from entering or remaining registered at this educational institution or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described above.
   5. Any activity in which a person engages in hazing; solicits, encourages, directs aids or attempts to aid another in engaging in hazing: intentionally, knowingly or recklessly permits hazing to occur; has firsthand knowledge of the planning of a specific hazing incident which has occurred and knowingly fails to report the incident in writing to Student Services.
   6. Any activity in which hazing is either condoned or encouraged or any action by an officer or combination of members, pledges, associates or alumni of the organization of committing or assisting in the commission of hazing.

    

   Note: See Texas Education Code, Sections 37.151-37.155; Section 51.936 (http://www.capitol.state.tx.us/statutes/ed.toc.htm)

10. Fire Safety, False Alarms or Terroristic Threats
    1. The intentional sounding of a false fire alarm, falsely reporting an emergency or terroristic threat in any form, issuing a bomb threat, constructing mock explosive devices, destruction or activation of fire sprinklers, filing false police reports, improperly possessing, tampering with or destroying fire equipment or emergency signs on College premises.
    2. Failure to evacuate the building immediately upon the sound of an alarm or follow specific evacuation and safety procedures.
    3. Exceeding designated fire code capacity of a room/facility.
11. Financial Irresponsibility
    1. Failure to meet financial obligations owed to the College or components owned or operated by the College including, but not limited to, the writing of checks from accounts with insufficient funds.
12. Unauthorized Entry, Possession or Use
    1. Unauthorized entry into or use of College premises or equipment.
    2. Unauthorized possession, use, duplication, production or manufacture of any key or unlocking device. College Identification Card or access code for use on College premises or equipment.
    3. Unauthorized use of the College name, logos, registered marks, and or symbols of the College.
    4. Unauthorized use of the College’s name to advertise or promote events or activities in a manner which suggests sponsorship or recognition by the College.
13. College Parking Services
    1. Violation of College traffic and parking regulations.
    2. Obstruction of the free flow of vehicular and or pedestrian traffic on College premises.
14. Failure to Comply
    1. Failure to comply with the reasonable directives or requests of a College official acting in the performance of his duties.
    2. Failure to present student identification or request or identify oneself to any College official acting in the performance of his duties.
15. Abuse, Misuse or Theft of College Computer Data, Programs, Time, Computer or Network Equipment
    1. Unauthorized use of computing and or networking resources including, but not limited to private information and passwords.
    2. Use of computing and or networking resources for unlawful or nonacademic purposes including but not limited to illegal access.
    3. Unauthorized accessing, copying or installing programs, records, copy-write data material or software belonging to the College or another user without permission.
    4. Attempted or actual breach of the security of another users account and or computing system depriving another user of access to College computing or networking resources, compromising the privacy of another user or disrupting the intended use of computing or network resources.
    5. Attempted or actual use of the College’s computing and or networking resources for personal or financial gain.
    6. Attempted or actual transport of College programs, records or data to another person or computer without written authorization.
    7. Attempted or actual destruction, disruption or modification of programs, records or data belonging to the College or another user.
    8. Attempted or the actual use of the computing or networking facilities to interfere with the normal operation of the College’s computing or networking systems; or through such actions causing a waste of such resources (i.e. people capacity, and computer)
    9. Intentional “spamming” of students, faculty or staff (defined as the sending of unsolicited and unwanted e-mails to parties with whom you have no existing business, professional or personal acquaintance).
    10. Allowing another person, either through one's personal computer account or by other means to accomplish any of the above.
16. Providing False Information or Misuse of Record
    1. Knowingly furnishing false information to the College, or to a College official in the performance of his/her duties, either verbally or through forgery, alteration or misuse of any document, record or instrument of identification.
17. Skateboards, Rollerblades, Scooters, Bicycles or Similar Devises
    1. Use of skateboards, rollerblades, rollerblades, scooters, bicycles or other similar devices in College buildings or on College premises in such a manner as to constitute a safety hazard or cause damage to College or personal property.
18. Violation of Published College Policies, Rules or Regulations
    1. Violation of any published College policies, rules or regulations that govern student or student organization behavior, including, but not limited to, violations of College Operating Policies and Procedures.
19. Violation of Federal, State, or Local Law
    1. Misconduct which constitutes a violation of any provisions of federal, state or local laws.
20. Abuse of the Discipline System
    1. Failure of a student to respond to a notification to appear before the judicial officer during any stage of a disciplinary proceeding.
    2. Failure to comply with or respond to a notice issued as part of a disciplinary procedure or failure to appear will not prevent the Judicial Officer from proceeding with disciplinary action.
    3. Falsification, distortion or misrepresentation of information in disciplinary proceedings.
    4. Disruption or interference with the orderly conduct of a disciplinary proceeding.
    5. Filing an allegation known to be without merit or cause.
    6. Discouraging or attempting to discourage an individual’s proper participation in or use of the disciplinary system.
    7. Influencing or attempting to influence the impartiality of a member of a disciplinary body before or during the disciplinary proceeding.
    8. Harm, a threat of harm or intimidation either verbally, physically or written, of a member of a disciplinary body prior to, during or after disciplinary proceedings.
    9. Harm, a threat of harm or intimidation either verbally, physically or written, of a member of a disciplinary body before, during or after disciplinary proceedings.
    10. Retaliation against any person or group who files grievances or provides evidence, testimony or allegations in accordance with the Student Handbook.
    11. Failure to comply with the sanctions, conditions or restrictions imposed under the Code of Student Conduct or the Student Handbook by the Judicial Officer.
21. Fire Safety
    1. Failure to evacuate the building immediately upon the sound of an alarm or to follow specific evacuation and safety procedures.
    2. Misusing or tampering with fire safety equipment. Examples include removal of doors, door closures, exit signs, smoke detectors or fire extinguishers.
    3. Exceeding designated fire code capacity of a residential room.
22. Guests
    1. Failure to take immediate and appropriate action to prevent or to stop a violation by a guest.
    2. Persons who have been evicted/trespassed from the residences/campus for any reason returning as guests following eviction/ trespassing.
    3. The presence of a guest after visitation hours in the residential facility.
23. Noise
    1. Unreasonable noise in and around residential facilities that disrupts or potentially disrupts residents or neighboring community members.
       • During Quiet Hours, unreasonable noise is noise that can be heard outside of a room/common area or noise that could travel into another room/common area.
       • During Courtesy Hours, unreasonable noise is noise that can be heard outside of a room/common area.
    2. Use of amplified sound, subwoofers or musical instruments that violate Quiet or Courtesy Hours.
    3. Noise from a vehicle that distrusts residents, classrooms, College functions or neighboring community members.
24. Possession of a Pet on campus
    1. Other than a service animal, pets are not allowed on campus. Fines, as well as other disciplinary sanctions, will result in a violation of a pet on campus. The fine for being in possession of a pet on campus is $250.00, and the pet is to be removed immediately.

    NOTE: Please contact the Special population's Director located in the Student Services office for Requesting an Exception to the Residential Pet policy for a Service Animal if you need a service animal as an accommodation for disability.

25. Trespassing
    1. Entering any private room, locked building, or common area without following security procedures or obtaining appropriate permission.
       NOTE: This includes, but is not limited to, entering a roommate’s bedroom without resident’s permission.
       *This policy does not apply to Hall staff in the performance of official duties.
    2. Entering the College Campus, residential facilities, parking lots, sporting fields, gymnasium, etc. after being trespassed from the specific area.