Respect for the Protection and Rights of Others

The purpose of this section is to communicate the value the university places on respect for the protection and rights of others.

5.1 Physical Abuse

Physical abuse, including use of physical force, violence, intoxicants or other substances to restrict the freedom of action or movement of another person or to endanger the health or safety of another person, is prohibited.

5.2 Verbal and/or Physical Behavior

Verbal and/or physical behavior that involves an expressed or implied threat to interfere or that has the purpose or reasonably foreseeable effect of interfering with an individual's personal safety, safety of property, academic efforts, employment or participation in university sponsored activities, and causes the person to have a reasonable apprehension that such harm is about to occur is prohibited. Such behavior may include any form of electronic communications.

5.3 Assault

Assault, an unlawful physical touching by one person upon another in which neither the offender displays a weapon, nor the victim suffers obvious or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness, is prohibited.

5.4 Aggravated Assault

Aggravated assault, an unlawful touching by one person upon another wherein the offender uses a form of weapon or displays it in a threatening manner, or the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness, is prohibited.

5.5 "Fighting Words"

The face-to-face use of "fighting words" is prohibited. Fighting words are personally abusive epithets that, when addressed to any person, are, as a matter of public knowledge, inherently likely to provoke immediate violent reaction whether or not the reaction occurs. Terms/words include but are not limited to recognized derogatory references to race, ethnicity, religion, sex, gender, sexual orientation, disability or other personal characteristics.

5.6 Intimidation

Intimidating or threatening others is prohibited.

5.7 Unauthorized Surveillance

Making unauthorized video or photographic images of a person in a location in which that person has a reasonable expectation of privacy including, but not limited to, shower/locker rooms, residence hall rooms, and men's or women's restrooms, is prohibited. Also prohibited are storing, sharing and/or other distribution of such unauthorized images by any means.

5.8 Discrimination/Harassment/Intimidation

5.8.1 Discrimination

NDSU is fully committed to equal opportunity in employment decisions, educational programs and activities, in compliance with all applicable federal and state laws and including appropriate affirmative action efforts, for all individuals without regard to race, color, national origin, religion, sex, disability, age, Vietnam Era Veterans status, sexual orientation, marital status or public assistance status, or participation in lawful activity off the employer's premises during non-business hours that is not in direct conflict with the essential business-related interests of the employer (see NDSU Policy 100 www.ndsu.edu/policy/100.htm). Direct inquiries to the Executive Director and Chief Diversity Officer, 202 Old Main, (701), 231-7708.

5.8.2 Sexual Harassment

North Dakota State University Policy Manual, Section 16 www.ndsu.edu/policy/162.htm)

As part of its commitment to equal opportunity, NDSU prohibits sexual harassment of its employees and students, including student-to-student and other peer sexual harassment.

This policy is in compliance with federal regulations implementing Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. Sexual harassment is defined as:

"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1.) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic achievement

2. )Submission to or rejection of such conduct by an individual are used as the basis for employment decisions or academic decisions affecting such individual, or

3.) Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive environment."

Please note that sexual harassment in electronic forms also is prohibited under NDSU Policy 710 - Computer Facilities, www.ndsu.edu/policy/710.htm.

Individuals concerned about violations of this policy should request assistance from the university's executive director and chief diversity officer, university's general counsel, Counseling Center, Disability Services Office, associate director of student rights and responsibilities, or an appropriate administrator. When administrators or supervisors become aware of occurrences of sexual harassment in their areas, they are responsible for stopping the behavior or reporting it to the executive director and chief diversity officer. In addition, the university's equal opportunity grievance procedure shall be available for any person who wants to file a complaint alleging a violation of this policy.

See related policy, "Consensual Relationships," (www.ndsu.edu/policy/1621.htm) Section 162.1 of the NDSU Policy Manual. A copy of this policy may be requested from the Dean of Student Life Office, Memorial Union 250.

5.8.3 Harassment

NDSU is committed to providing a climate that fosters respect for students, staff and faculty as well as others who participate in programs and activities at the university. As part of that commitment, NDSU prohibits harassment based on gender, race, color, religion, national origin, age, disability, sexual orientation, or protected activity (such as reporting alleged harassment or providing information related to a grievance). This policy is in compliance with federal civil rights laws and agency regulations and guidance implementing these laws.

Harassment (based on an individual's membership in one or more of the groups identified above) is defined, for purposes of this policy, as unwelcome verbal or physical behavior which has the intent or effect of unreasonably interfering with the individual's employment or academic endeavors or creating a hostile, intimidating or offensive environment. Harassment may include (but is not limited to) jokes, derogatory comments, pictures, and/or direct physical advances.

Note that harassment in electronic forms also is prohibited under NDSU Policy 710, Computer Facilities (www.ndsu.edu/policy/710.htm).

5.8.4 Other Prohibited Acts

Any harassing, discriminating and/or intentional acts or any series of these actions that interfere with individuals' academic efforts, employment, personal safety or participation in university sponsored co-curricular activities are prohibited.

5.9 Disorderly Conduct

Disorderly conduct is behavior that intentionally causes or recklessly creates a risk of public inconvenience, annoyance or alarm without proper authority. These behaviors are prohibited and include, but are not limited to, fighting, engaging in violent behavior, making unreasonable noise, obstructing vehicular or pedestrian traffic, disturbing a lawful assembly, and streaking.

5.10 Lewd or Obscene Behavior

Lewd or obscene behavior that flagrantly flaunts community standards with respect to sexuality is prohibited. Lewd behavior is conduct that is wanton, lustful or lacking of morals with respect to sexual relations.

5.11 Endangerment of Individuals or the Safety of Individuals

5.11.1

Initiating or circulating a report or warning concerning an impending bombing, a fire, or other emergency or catastrophe knowing that the report is false, or knowingly transmitting such a false report to an official or an official agency are prohibited.

5.11.2

Willful failure to comply with orders issued by any emergency personnel during a tornado, fire, fire drill, bomb threat, or any other real or perceived emergency condition is prohibited.

5.11.3

Tampering with any fire protection sign or device or any other emergency equipment (including, but not limited to, fire extinguishers, fire hoses, smoke/heat detectors, sprinkler systems and other alarm systems), for reasons other than an actual emergency, except when done with the reasonable belief that such an emergency exists, is prohibited.

5.11.4

Tampering with elevator controls, elevator shaft access, and/or other elevator equipment by such acts including, but not limited to, jumping, elevator surfing, falsely sounding alarms and stopping between floors is prohibited.

5.11.5

Willful failure to follow safety standards is prohibited.

5.11.6

Creating a risk of bodily harm or falsely creating the impression of risk of bodily harm to any NDSU faculty, staff, students or guests are prohibited.

5.11.7 Sporting Activity Restrictions

Due to safety and facility concerns, riding skateboards or scooters and using in-line skates, roller skates and bicycles are prohibited inside all university facilities. Use of water guns, water balloons and throwing of flying discs (Frisbeesª), balls, or other objects also are prohibited indoors, except when authorized.

Use of projectile launchers is prohibited on campus without express advance permission by an appropriate university official. Launchers may include those intended for water balloons, potatoes, pumpkins and other items projected at great velocities. For guidance, contact the director of University Police and Safety Office.

5.12 Firearms/Explosives/Other Weapons

Unauthorized possession, display or use of weapons on university owned or controlled property, including in personal vehicles, are prohibited, unless permission for possession and/or use has been granted by an appropriate university official.

5.12.1

Firearms and weapons include, but are not limited to, airsoft guns, BB guns, dart guns, handguns, paint ball guns, pellet guns, rifles, shotguns, stun gun or similar device designed to deliver an electric shock, daggers, knives, sabers, swords, and bows and arrows.

5.12.2

Explosives include, but are not limited to, bombs, explosives, fireworks and other incendiary devices. Incendiary devices are defined as any flammable liquid enclosed in a readily breakable container that can be equipped with an igniter of any type.

5.12.3

Other weapons include, but are not limited to, martial arts implements, dangerous chemicals or fuels. Any objects may be considered weapons when used to inflict or threaten infliction of bodily injury or property damage.

5.12.4 Projectiles

Throwing, casting, or encouraging, aiding, or assisting others in throwing, or casting of any object into, upon, or against any building, structure, motor vehicle, or at any person are prohibited.

This policy shall not prohibit persons or student organizations from possessing, storing or using weapons at approved locations for the purpose of meeting requirements of educational programs and/or a student group recognized by the university. For authorization, contact the director of the NDSU University Police and Safety Office, Auxiliary Enterprise Building.

5.13 Hazing

Hazing is a broad term encompassing any action or activity that inflicts or intends to cause physical or mental harm or anxieties that may demean, degrade or disgrace any person, regardless of location, intent or consent of participants. Hazing also can be defined as any action or situation, on or off campus premises, that intentionally or unintentionally endanger a student for admission into or affiliation with a student organization or group. Such activities and situations include, but are not limited to, paddling in any form; creating excessive fatigue; forced consumption of any substance; forced road trips; morally degrading, demeaning, unsanitary, humiliating games or stunts; and harassment, ridicule or other activities prohibited by law or university policy.

5.13.1

Hazing in any form is prohibited by NDSU and state law. It is the responsibility of the organization and its leadership in conjunction with the (inter)national organization, where appropriate, to protect its new members, associate members, members or other persons associated with the organization from any hazing ceremony, activity or practice conducted, condoned, or encouraged by the current members of the organization, alumni or other associates.

5.13.2

The university or prospective group members may file a complaint of hazing against all parties as individuals and/or against the group or organization. Individuals and/or groups also may be subject to criminal and/or civil liability outside the jurisdiction of the university.

5.14 Sexual Misconduct/Sexual Acts

A goal of NDSU is to create a campus community free from interpersonal abuse, including sexual assault. NDSU commits its resources to the following twofold process:
a) To provide crisis intervention and a judicial/disciplinary response for persons and alleged offenders, and
b) To educate and promote discussion on interpersonal abuse and violence.

5.14.1 Sexual Assault and Sexual Misconduct Policy

a) Sexual assault or sexual misconduct, in any form, is prohibited.
b) The abuse of alcohol or other substances does not relieve individuals of their responsibilities to themselves or others. The university encourages individuals to report sexual offenses even though they may have voluntarily been under the influence of alcohol and/or other substances at the time.

For the purpose of this policy, the following definitions apply:

1) Sexual assault is any sexual behavior between two or more people to which one person does not or cannot consent. This includes sexual acts or contacts with others that can involve:

a) Compelling a person to submit to sexual acts or contacts by force or threat of force,
b) Using intoxicants to substantially impair the person's power to give consent,
c) Engaging in such acts when the person suffers from a mental state that renders him or her incapable of understanding the nature of the contact. This includes, but is not limited to, situations when an individual is intoxicated, "high," scared, physically or psychologically pressured or forced, passed out, intimidated, coerced, mentally or physically impaired, beaten, threatened, isolated or confined,
d) When the person is under 15 years of age, or
e) When one person is between the ages of 15 and 17, and the other party is 18 or older.

2) Sexual misconduct occurs when a sexual act is committed without intent to harm another and when, by failing to correctly assess the circumstances, a person believes unreasonably that consent was given without having met his/her responsibility to gain effective consent. Situations involving physical force, violence, threat or intimidation fall under the definition of sexual assault, not sexual misconduct, and will be treated as such under these procedures.

3) Sexual act includes, but is not limited to:

a) Sexual intercourse,
b) Sodomy,
c) Sexual penetration with an inanimate object,
d) Touching of a person's intimate parts (genitalia, groin, breast, or buttocks, or clothing covering them), or
e) Compelling a person to touch his or her own or another person's intimate parts without consent.

4) Consent means words or actions that show a voluntary agreement to engage in mutually agreed upon sexual activity. Consent is an affirmative decision given by clear actions or words. It is important not to make assumptions. If confusion or ambiguity on the issue of consent arises anytime during the sexual interaction, it is essential that each participant stops and clarifies, verbally, willingness to continue. Consent may not be inferred from silence, passivity or lack of active resistance alone. Furthermore, a current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity.

5.14.2 Non-contact Sexual Offenses

Non-contact sexual offenses include, but are not limited to, peeping and indecent exposure, and are prohibited.

5.15 Stalking

No person may intentionally stalk another person. As used in this code, "stalk" means to engage in an intentional course of behavior directed at a specific person that frightens, intimidates or harasses that person, and that serves no legitimate purpose. The course of behavior, involving two or more acts, may be directed toward that person or a member of that person's immediate family. "Immediate family" means a spouse, parent, child or sibling. The term also includes any other individual who regularly resides in the household or who within the prior six months resided in the household.

Stalking generally causes a reasonable person to experience fear, intimidation, harassment, or to be the object of unwanted attention. Stalking behaviors may include, but are not limited to:

a) Approaching, following, loitering, pursuing or restraining behaviors;
b) Repeated unwanted electronic communications such as e-mail, telephone calls and text messages;
c) Sending unwanted gifts;
d) Trespassing; and
e) Vandalism.

5.15.1 Stalking Defenses

In any proceeding under this section, it is not a defense that no actual notice was given that the person did not want to be contacted or followed; nor is it a defense that there was no intention to frighten, intimidate or harass the person. An attempt to contact or follow a person after being given actual notice that the person does not want to be contacted or followed is evidence of intention to stalk the person.

5.15.2 Stalking Exceptions

a) Excluded are constitutionally protected behaviors. If a person claims to have been engaged in a constitutionally protected activity, the hearing officer or body shall determine the validity of the claim and, if found valid, shall exclude evidence of the activity.
b) In any proceeding under this code, it is a defense that a licensed private investigator or a peace officer licensed under law was acting within his/her scope of employment.

5.16 On-Campus Housing Safety and Security Efforts

Due to the nature of on-campus living, environmental safety and security standards have been established. All students will be held accountable for their behaviors in residence halls and university apartments. Off-campus students will be referred to the associate director of student rights and responsibilities for action. All students and their guests need to cooperate with efforts to establish a secure campus by complying with policies and cooperating with residence hall staff.

5.16.1 Keys/Access

5.16.1.1 Keys/Access Cards

Students are not permitted to duplicate keys/access cards issued by residence life. Students also are not allowed to loan keys/access cards to other individuals. Students are expected to be responsible for their keys/access cards and security of their rooms and apartments. Students who repeatedly find themselves locked out of their rooms or apartments are subject to sanctions under this code.

5.16.1.2 Escorting of Guests

Entrance doors for the residence hall and university apartment buildings are locked 24 hours a day. Guests must meet their resident-host at an entrance door to gain entry into the building. Non-residents must be escorted by a resident at all times when in the residence halls. Students are not allowed to prop open doors or allow unauthorized persons into on-campus housing facilities.

5.16.2 Guests and Visitation

Residents are responsible for knowing the identity of their guests and are responsible for guest behaviors. Residents are held liable for loss or damages to property caused by their guests.

5.16.3 Overnight Residence Hall Guests

Guests of the same sex are permitted to stay overnight in the residence halls with approval from residence life staff. Residents must register their overnight guests before 2 a.m. Guests may not stay more than three consecutive nights. Overnight guests of the opposite sex are not permitted.

5.16.4 Quiet Hours/Noise

Residents and guests must respect quiet hours in each of the on-campus housing facilities. Specific quiet hours are posted in each hall and apartment building. Courtesy hours are in effect 24 hours a day to allow students to pursue their academic studies and promote a comfortable living environment.

5.16.5 Candles and Incense

Candles and incense are not allowed in on-campus housing facilities. Open flames also are prohibited.