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4.
Respect for the NDSU Community
Go to Code Index Code of Behavior (PDF)
The purpose of this section is to communicate the importance of conducting oneself in a manner that does not negatively affect the educational mission of the university or adversely affect the welfare of oneself or others. Respect for the NDSU community includes promoting an environment that is conducive to learning and nurturing a sense of shared community responsibility.
4.1 Violation of Law
The university reserves the right to address any behaviors occurring on or off campus that may be construed as potential or alleged violations of local, state or federal laws. Campus proceedings may ensue before, during or following the pendency of civil and/or criminal proceedings. Because the university uses a lower standard of proof in code proceedings than used in criminal courts, differing judgments may result. In upholding university conduct standards, university conclusions also may vary from those resulting in civil courts over the same fact patterns.
4.2 Complicity in Prohibited Acts
Complicity is knowingly, recklessly or willfully encouraging or assisting others to commit acts prohibited by this code and may be sanctioned to the same extent as if one had committed the prohibited act. Students are accountable for behavior of their guests and may be sanctioned under this provision as if they had committed the violations themselves.
When in the presence of a potential code violation, students are expected to do one or more of the following:
a) Personally confront and stop the violation, except in cases of violence;
b) Bring the violation to the awareness of a staff member; or
c) Leave the scene of the violation, if not responsible for the space in which the violation is occurring.
4.3 Alcohol / Drug Use
(see Section 155 of the NDSU Policy Manual: Alcohol and Other Drugs: Unlawful and Unauthorized Use by Students and Employees at www.ndsu.edu/policy/155.htm).
NDSU maintains an alcohol/drug free campus, subject to minor exceptions noted below. Section 155 applies to students, campus organizations and employees, regardless of the individual's age.
4.3.1 Alcohol on NDSU Property
Manufacture, sale, transfer, purchase, transportation, possession, use or consumption of an alcoholic beverage anywhere on NDSU property (including university vehicles, regardless of location), are all prohibited. Exceptions may include lawful possession of alcohol in family student residences, when permitted, on campus professional staff residences, fraternities and sororities (in certain circumstances), president's residence, and other special exceptions as granted in writing by the president. Special exceptions must be educational in nature and comply with requirements outlined in section 4.3.8 of this document.
4.3.2 Behaviors While Under the Influence of Alcohol or Other Drugs
Being under the influence of alcohol or other drugs is a violation of this code while a person is on university owned or controlled property, or at an NDSU sponsored or supervised function, and the person:
a) Endangers, or may endanger, the safety of others, property or themselves; or
b) Causes a disturbance.
4.3.3 Minors in Possession/Consumption/Under the Influence of Alcohol While on Campus
As a minor, being under the influence of, possessing, manufacturing, exchanging, distributing, purchasing, using, or selling alcohol on NDSU owned or controlled property, or at NDSU sponsored or supervised events are prohibited.
4.3.4 Driving While Under the Influence of Alcohol or Other Drugs
Driving while under the influence of alcohol or other drugs, regardless of location, is prohibited.
4.3.5 Possession of Alcohol and/or Alcohol Beverage Container
Possession or display of empty alcohol beverage containers, including but not limited to cans, bottles and kegs, on the NDSU campus, including those held by unauthorized individuals for the purpose of recycling is prohibited.
4.3.6 Alcohol at Student Organization Events
Recognized NDSU student organizations planning off campus events at which alcohol may be available (within the premises where the event takes place) must complete and file with the Student Activities Office, Memorial Union 120, an Event Risk Management Planning Notification Form, available in the Student Activities Office and online at http://mu.ndsu.edu/reservations/event_risk_management. Events involving alcohol must be closed events, intended only for organization membership and invited guests, and alcohol must be sold/served by a licensed third party vendor. Policies for event planning include:
4.3.6.1 Open Parties
Open parties, at which alcohol may be present, are prohibited by the university. Open parties are defined as events with unrestricted access by nonmembers of the organization without specific invitations.
4.3.6.2 Use of Student Organization or Public Funds
Student organization or public funds may not be used for purchase of alcoholic beverages.
4.3.6.3 Sale of Alcoholic Beverages
Sale of alcoholic beverages by students and student organizations is strictly forbidden. This includes any action that can be remotely construed as an alcohol sale such as charging admission to parties, passing the hat, selling empty cups, selling drink tickets, etc. Alcohol sales may be conducted only by licensed third party vendors and made available only in individual serving containers. Common sources of alcohol, such as kegs, are not permitted.
4.3.6.4 Activities and Promotions
No activities or promotions shall encourage excessive and/or rapid consumption of alcoholic beverages. This includes contests, drinking games, and discounts or special pricing of alcoholic beverages. Use of alcohol at any such events is expected to be lawful and responsible.
4.3.6.5 Alcoholic Beverages as Prizes
Alcoholic beverages (such as kegs or cases of beer) may not be used as awards or prizes in connection with events or activities.
4.3.7 Advertising Related to Alcohol
Alcohol promotional activities including advertising shall not be associated with otherwise existing campus events, programs, or campus organizational functions on or off campus. This includes, but is not limited to, such items as: cups, T-shirts, beverage can coolers and any other items carrying alcohol/beer advertising.
Advertising of establishments that sell alcohol may appear and must adhere to the following guidelines:
4.3.7.1
Advertising of establishments that sell alcohol shall not include brand names, logos, prices, visual images or verbal phrases that refer to consumption of alcoholic beverages. Advertising of establishments that sell alcohol shall not encourage any form of alcohol abuse or promote alcohol specials such as two for ones, happy hour drink specials, or any ads that encourage rapid and extensive consumption of alcohol.
4.3.7.2
Advertising of establishments that sell alcohol shall not portray drinking as a solution to personal or academic problems or as necessary to social, sexual or academic success.
4.3.7.3
Advertising of establishments that sell alcohol shall not associate consumption of alcoholic beverages with performance of tasks that require skilled reactions such as operation of motor vehicles or athletic performance.
4.3.7.4
Advertising of establishments that sell alcohol shall include a statement of low-risk such as "know when to say when" or "please use our products legally and in a responsible manner."
For additional policy details, consult Section 155, the Alcohol and Other Drugs Unlawful Use by Students, Faculty and Staff, the Event Risk Management guidelines and the Greek Life Initiatives and Action Plan (policies are available in the Student Activities Office, Memorial Union 120, and online at www.ndsu.edu).
4.3.8 Exceptions to Alcohol/Drug Use
Full or empty alcohol containers and/or drugs may be used in educational programs with educational purposes when officially requested by and conducted under the direction of university administrators with prior written approval from the president. Exceptions may be made as expressly permitted by law or as required for scientific research or teaching under the direction of faculty supervision. Programs that serve as fundraisers or at which admission is charged will not be eligible for exceptions to the alcohol policies.
4.3.9 Good Samaritan Responsibilities
A student host has a responsibility to ensure the well being of their guests wherever events occur. If a guest needs emergency medical attention, the host is required to call an ambulance or other appropriate emergency response personnel (ambulance, police, fire, etc.) to gain that assistance. If the host fails to carry out this responsibility, the host may be subject to severe university sanctions and may potentially be subject to additional civil and/or criminal liability.
If the host acts properly and seeks medical attention or police assistance, this will be noted and brought forth prior to the sanctioning phase of any hearing related to the event in which the medical emergency arose.
4.3.10 Drugs Other Than Alcohol
Drugs other than alcohol may include but are not limited to, marijuana, hashish, hash oil, cocaine, crack, Khat, LSD, inhalants, salvia divinorum, stimulants, depressants, hallucinogens, narcotics, designer drugs, anabolic steroids, and other substances that alter one's mental state.
4.3.10.1 Possession, Consumption, Under the Influence of Drugs Other than Alcohol
Possession, consumption and under the influence of drugs other than alcohol are prohibited except pursuant to a physician's or dentist's prescriptions.
4.3.10.2 Transport, Manufacture, Exchange, Distribution, Purchase, Use, Sale of Illegal Drugs
Transport, manufacture, exchange, distribution, purchase, use, sale of illegal drugs, or any other controlled substances are prohibited except pursuant to a physician's or dentist's prescriptions.
4.3.11 Possession of Drug Paraphernalia
Possession of drug paraphernalia for illegal drug use is prohibited.
4.3.12 Off Campus Alcohol and/or Other Drugs
Students may face campus charges for alcohol and/or drug-related behaviors occurring off campus. Such reports generally come to the university in the form of summons to court and/or police reports for loud party, noisy party/gathering, minor in possession/minor consuming/minor under the influence of alcohol, failure to disperse (from a loud party), consuming alcohol in public, driving under the influence of alcohol or other drugs, or other similar violations of law. Covered in this section are any other alcohol and/or other drug violations of law reported to NDSU by any law enforcement or other agencies.
4.3.13 Noisy (Loud) Parties/Public Disturbances
Students may face campus charges for participation in or hosting of noisy or loud parties or other public disturbances on or off campus. Loud parties consist of two or more individuals whose behaviors lead to noise complaints.
4.3.14 Smoking
Smoking is prohibited inside all facilities at NDSU. This includes all residence halls and university apartments. Smoking is permitted outdoors at least 50 feet from buildings, unless otherwise noted.
4.4 Animals
Animals are prohibited in campus buildings. Outdoors, animals must be on a leash, must be under control of the owners or their designees at all times, and should not be left unattended. Owners are responsible for any health or safety issues that may arise concerning the presence of these animals on university properties and at NDSU sponsored or supervised events. Questions may be directed to the Facilities Management Director, Thorson Maintenance Center.
4.4.1 Service Animals
Service animals that assist persons with disabilities are permissible. "Service Animal," as defined by the Americans with Disabilities Act, means a guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability. Service animals perform some of the functions and tasks an individual with a disability cannot perform for him/herself in activities of normal living.
Service animals must be on a leash, must be under control of the owners' or their designees at all times, and should not be left unattended. Owners are responsible for any health or safety issues that may arise concerning the presence of these animals on university properties and at NDSU sponsored or supervised events.
Students with a disability who regularly utilize a service animal are requested to register with the Disability Services Office, and, if necessary to establish that an animal meets the service animal definition above, to provide documentation of the disability within a reasonable period of time.
Service animals may not reside in university housing without expressed approval from Residence Life. Such requests will be processed as follows: A requesting individual should provide appropriate documentation to the Disability Services Office at least 60 days before housing is needed for the service animal. The Disability Services Office staff will review the documentation and arrange for conversations between the associate director of operations for residence life, person making the request, and a disability services staff person to facilitate the accommodation. See University Policy 100.2 for further information about service animals.
4.5 Bad Debts/Financial Responsibility
4.5.1 Payment
All students must pay in full any debts to NDSU, including but not limited to tuition/fees, room/apartment and meal plan charges, long distance telephone bills, and library fines. Any failure to meet these obligations may result in a denial of registration or graduation privileges, denial of occupancy and/or continued occupancy of any university residence life accommodation, or a refusal to forward an official transcript, unless the student has filed for bankruptcy or the debt has been discharged under federal bankruptcy laws.
For the complete text of the NDSU Collection Policy, please consult the Customer Account Services staff or www.ndsu.edu/policy/513.htm.
4.5.2 Financial Aid Misuse/Abuse
Misusing financial aid through fraud or abuse is prohibited.
4.5.3 Student Organization/Individual Debt
NDSU bears no responsibility for financial obligations of individual students or student organizations. Any debts incurred, either on or off campus, by students or student groups will be the responsibility of the organization and its leadership. In the event an organization dissolves and is no longer in existence, individuals holding leadership positions at the time the debt was incurred will maintain responsibility for settling outstanding debts.
4.5.4 Creditors
NDSU will normally take no action on behalf of creditors in the case of debts incurred by students, student organizations or other student groups. NDSU officials will not use the power of the state to act as a collection agency for private debts of students.
4.6 Copyright
4.6.1 Intellectual Property Infringement
Reproduction of any copyrighted materials without authorization is prohibited. When reproducing or distributing information, users are responsible for observation of copyright rights and other intellectual property rights of others and all state and federal laws, institutional and North Dakota University System (NDUS) policies. Generally, materials owned by others cannot be used without the owner's permission. Written consent from the copyright owner is normally necessary to reproduce or distribute copyrighted material. There are some exceptions such as fair use in teaching and in research.
Documentation of consent to use copyrighted materials must be kept on record and made available to institution officials upon request. NDUS assumes no obligation to monitor users for infringing activities, but will, when such activities are called to the appropriate official's attention, investigate to determine if there is likely infringement and take appropriate action.
4.6.2 Trademarks
Users also should be careful of unauthorized use of trademarks. Trademarks are words, names or symbols that serve as source identifiers of a company's or institution's products. Certain uses of such marks online, in Websites, or in domain names can constitute trademark infringement. Unauthorized use of an institution's name in these situations also can constitute trademark infringement (see NDSU Policy 700.1: Use of University Name: www.ndsu.edu/policy/7001.htm).
4.6.3 Sale of Class Lecture Notes/Materials
Students are prohibited from transferring their class lecture notes or instructor provided materials for commercial purposes unless approved by the course instructor. In addition to copyright issues raised by such practices, commercial sales or transfers may interfere with the educational purposes of the instruction and potentially inhibit free discussion of ideas so central to the academic purposes of instruction at NDSU. Note: This policy doesn't prevent note taking which is provided as part of an ADA accommodation.
4.7 Computer Related Inappropriate Behavior
(NDSU Policy Manual Section 158: Acceptable Use of Electronic Communications Devices: www.ndsu.edu/policy/158.htm and the State Board of Higher Education (SBHE) Policy Manual Section 1901.2, Computing Facilities: www.ndus.nodak.edu/policies/sbhe-policies/policy.asp?ref=2429)
If additional questions remain, contact the Information Technology Services Help Desk in IACC for additional guidance. http://its.ndsu.edu.
Following are common violations found in the two policies noted above. For a complete listing, please view both documents above.
4.7.1
Unauthorized use, sharing, lending or borrowing of an account are prohibited.
4.7.2
Using computer services or facilities for purposes other than those for which the account was issued is prohibited.
4.7.3
Using university network resources and services to play or store game programs, except when authorized in writing by the Information Technology Security Officer, is prohibited.
4.7.4
Using the university's computer systems for commercial purposes without written authorization of the Information Technology Security Officer is prohibited.
4.7.5
Copying, altering or destroying the files or output of another individual without the express permission of that individual are prohibited.
4.7.6
Altering system software or hardware configurations, or disrupting or interfering with the delivery or administration of computer resources are prohibited.
4.7.7
Misrepresenting oneself as another individual or entity in electronic communication is prohibited.
4.7.8 Downloading
a)Using the university's network system to download copyright protected media including, but not limited to, books, music, movies, television programs, games and software without proof of purchase or permission is prohibited.
b). The university establishes bandwidth limits for students, faculty and staff. When an individual exceeds that limit, cooperation with Information Technology Services (ITS) staff is mandatory to remedy excess use.
4.7.9 Sharing Without Written Permission
Using the university's network systems to share or distribute copyright protected media, including but not limited to books, music, movies, television programs, games and software without written permission is prohibited.
4.7.10
Abusing or misusing the computer facilities so as to cause damage, program disturbances or harassment to other persons is prohibited.
4.7.11
Entering obscene or offensive material into computers or sending obscene or offensive material through the Internet or any other electronic system are prohibited.
4.7.12
Any other violation of university or NDUS policies governing electronic communications as referenced above is prohibited.
4.8 Deception/Falsification/Misrepresentation
4.8.1
Withholding or providing false information for the purpose of gaining benefit for oneself or others is prohibited.
4.8.2
Falsely representing an entity and/or committing or using the resources of an entity without proper authorization are prohibited.
4.8.3 False Accusations
Knowingly, intentionally or recklessly making false accusations of inappropriate behavior against another individual; providing false information or falsified evidence with the intent of harming another person; or attempting to intimidate witnesses and/or altering or destroying evidence necessary to conflict resolution are prohibited.
4.8.4
Failing to keep NDSU notified of current local, permanent and e-mail addresses, or providing a false or fictitious address(es), are prohibited. Changes may be made at Bison Connection, Memorial Union, or via Campus Connection.
4.9 Disruption of University Business
4.9.1
Disruption or obstruction of teaching, research, administration, public service functions, meetings of university committees or boards, or of any other authorized university activity or organization on or off university premises (including but not limited to classes; social, cultural and athletic events; computing services; registration; residence life and dining services; governance meetings; and conflict resolution hearings), such that the function or service is materially or substantially disrupted or obstructed are prohibited.
4.9.2
Obstruction of ingress or egress to any university facility, or intentional obstruction that unreasonably interferes with freedom of movement, both pedestrian and vehicular, on campus are prohibited.
4.9.3
Unauthorized entry upon the performance area or spectator areas of any university event, including but not limited to athletic contests, exhibitions, musical or theatrical events, or any other events is prohibited.
4.10 Gambling
Illegal gambling at any time and in any form is prohibited. Internet gambling is illegal in North Dakota. Individuals may not gamble on university athletics. (Raffles or lotteries require a permit from the City of Fargo. Permit applications may be obtained from the City Auditor's Office. See Section 8.1.4.)
4.11 Failure to Comply
Failure to comply with the instructions or directions of university officials in the performance of their duties is prohibited. Such acts may include but are not limited to intentionally, knowingly or recklessly obstructing or delaying any university proceedings, failing to cooperate with an investigation, fleeing a police officer, and/or failing to comply with assigned university behavior sanctions. Verbal and/or physical abuse directed toward any university personnel will not be tolerated and shall constitute a violation of this code.
4.12 Identification
Failure to produce either a university identification card or a driver's license upon request by any university official, including, but not limited to, NDSU police officers, hall directors, and other residence life staff and Memorial Union staff in the performance of their duties is prohibited.
4.13 Bribery
Offering, giving, receiving or soliciting of anything of value to influence the official decision or action of a university employee or official, or a person in a position of trust or influence, are prohibited.
4.14 Misuse of Proprietary Information
Unauthorized use or misuse of proprietary information, in whatever form, are prohibited. "Proprietary" means property in which the university or its employees and/or students have a legal interest or responsibility to maintain confidentiality (see NDSU Policy 343, Confidential Proprietary Information).
4.15 Property Violations
4.15.1
Property violations are prohibited and include, but are not limited to, behaviors that would commonly constitute criminal violations such as burglary, robbery, theft, trespassing or vandalism.
4.15.2
Theft or removal of university property and/or furnishings including, but not limited to, furniture, artwork, plants, electronics, window screens, and signs from their designated locations is prohibited.
4.15.3 Theft of Services
Using university services to which one is not entitled constitutes theft of services and is prohibited. Examples include, but are not limited to, using campus laundry services intended only for campus residents, using parking services not purchased, using parking lots other than those assigned by campus personnel, or unauthorized use of university printing services.
4.16 Sales
Unauthorized sales or solicitations at any time in residence halls, university apartments, or in any other campus buildings are prohibited. For questions regarding sales in the Memorial Union, see the Memorial Union director, Room 246. For questions regarding sales in residence life facilities, see the associate director of residence life, West Bison Court 106. For questions concerning sales in any other areas, begin the inquiry at the Dean of Student Life Office, Memorial Union, Room 250.
4.17 Telephone and Related Equipment Abuse
4.17.1
Intentionally making telephone calls to or from the university for the purpose of abusing, threatening, annoying or harassing another person is prohibited.
4.17.2
Charging or causing to be charged, any long distance or other toll telephone calls to university telephone accounts and/or Bison Lines accounts without proper authorization is prohibited.
4.17.3
Damage or destruction to the university's telephone system and any of its telephone instruments or equipment is prohibited.
4.17.4
Using or abusing telephone equipment, lines or accounts belonging to the university or to university employees, students, and/or faculty without authorization, or for purposes other than those originally granted authorization, is prohibited.
4.18 Traffic Safety and Parking Enforcement
University traffic and parking regulations are approved by the University Senate upon recommendation of the Campus Space and Facilities Committee. Some of those regulations are listed here:
Traffic Regulations, as Governed by NDSU Police:
4.18.1
Improper operation of motor vehicles on campus including, but not limited to, driving on sidewalks, grass, etc., is prohibited.
4.18.2
Failure to cooperate with the lawful direction of traffic enforcement personnel in the performance of their duties is prohibited.
4.18.3
Failure to report an accident that occurs on the NDSU campus, or involves an NDSU official vehicle, in the manner and time limit required by law or by university regulations, is prohibited.
4.18.4
Failure of persons in motorized vehicles or on bicycles, skateboards, roller blades, and/or scooters to yield the right of way to pedestrians or abide by any traffic laws is prohibited.
Parking Regulations, as Governed by the Parking Enforcement Office: University traffic and parking regulations are approved by the University Senate upon recommendation of the Campus Space and Facilities Committee. The complete current rules are published in a separate pamphlet titled "NDSU Parking Regulations" which may be obtained from the NDSU Parking Office, Thorson Maintenance Center or online at http://facilities-mgmt.ndsu.nodak.edu/parking/07-08_Parking_Bro.pdf. Some of those regulations are listed here:
4.18.5
Falsifying registration information, reproducing, defacing, forging, altering, obscuring, transferring or retaining and using a found permit are prohibited. Reselling of permits is permitted only by the NDSU Parking Office and stolen parking permits may be processed under this code in place of or in addition to filing of criminal charges for theft of services. Upon completion of investigations by university police and the NDSU Parking Office, sanctions and/or fines may be administered.
4.18.6
Parking on the NDSU campus without the required permit as well as the common offenses of parking in designated "no parking" zones, over parking in time zones, parking in fire lanes, parking in handicapped spaces without permit(s), and parking in designated reserved spaces, etc., are prohibited. Campus streets are considered "no parking" zones unless otherwise designated as a time zone or a permit required zone. Parking personal vehicles in agricultural plot areas is prohibited.
4.18.7
Failure to park bicycles or motorcycles in designated parking areas or to use designated parking structures is prohibited. Unless specifically provided for that purpose, attaching bicycles or motorcycles to light poles, railings, fencing, trees, or other university exterior or interior structures is forbidden.
4.18.8
Bicycles or motorcycles may not be stored in any university building or structure unless specifically provided for by regulation. Any questions may be directed to the parking and transportation manager, Thorson Maintenance Center.
4.19 Unauthorized Entry/Use of Facilities
4.19.1
Unauthorized entry upon the property of the university or into a university facility or any portion thereof that has been reserved, restricted in use, or placed off limits; unauthorized presence in any university facility after closing hours; and unauthorized possession or use of a key/access card to any university facility are prohibited. Unauthorized activities shall include, but are not limited to, entry, use or occupancy to which students are not permitted by virtue of enrollment, employment, class schedule, and/or gender in facilities restricted by gender. University areas that are restricted include, but are not limited to, all building roofs, fire escapes, steam tunnels, elevator shafts, equipment and mechanical storage rooms, and construction sites. The use of fire escapes is strictly limited to emergency purposes.
4.19.2
Reproduction, duplication, manufacture or possession of any key or unlocking device for use on university facilities, locks, or other property on university premises without proper authorization are prohibited.
4.19.3
Use of any university facility, equipment or materials except for their authorized purposes including, but not limited to, the telephone, mail and computer systems is prohibited. No university facilities, equipment, materials or services may be used to commit any illegal act.
4.19.4
University computing clusters are provided for use of currently enrolled NDSU students and currently employed NDSU faculty and staff members. Use by all others is prohibited.
4.19.5
Procuring, altering, damaging, removing, manufacturing or using any university key card, lock, password or other security device without proper authorization are prohibited.
4.19.6
Refusal to vacate a university facility when directed to do so by an authorized official of the university is prohibited. |
