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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 Violations 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 that used in criminal courts, differing judgments may result.
4.2 Alcohol/Drug Use
(See Section 155 of the NDSU Policy Manual: Alcohol and Other Drugs: Unlawful and Unauthorized Use by Students and Employees). North Dakota State University maintains an alcohol/drug free campus, subject to minor exceptions noted below. Section 155 applies to students and employees, regardless of the individual's age.
4.2.1 Alcohol on NDSU Property The manufacture, sale, transfer, purchase, transportation, possession or consumption of an alcoholic beverage anywhere on NDSU property (including University vehicles, regardless of location), is prohibited. Exceptions may include the lawful possession of alcohol in family student residences, when permitted, on campus professional staff residences, fraternities and sororities (in certain circumstances), the President's residence, and other special exceptions as granted by the President or the President's designee. Special exceptions must be educational in nature and comply with requirements outlined in Section 4.2.8 of this document.
4.2.2 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 a 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.
4.2.3 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, is prohibited.
4.2.4 Driving Under the Influence of Alcohol or Other Drugs, regardless of location, is prohibited under this code.
4.2.5 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.
4.2.6 Alcohol at Student Organization Events Recognized NDSU student organizations planning off campus events at which alcohol may be available (within the premises at which the event takes place) must complete and file with the Student Activities Office, Memorial Union 360, an Event Risk Management Planning Notification Form. This form is available in the Student Activities Office and on line via the NDSU Memorial Union webpage at www.ndsu.edu/memorial_union/erma/index.php. 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:
4.2.6.1 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.
4.2.6.2 Student organization or public funds may not be used for the purchase of alcoholic beverages.
4.2.6.3 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 only be conducted by licensed third party vendors, and made available only in individual serving containers. Common sources of alcohol, such as kegs are not permitted.
4.2.6.4 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. The use of alcohol at any such events is expected to be lawful and responsible.
4.2.6.5 Alcoholic beverages (such as kegs or cases of beer) may not be used as awards or prizes in connection with events or activities.
4.2.7 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:
4.2.7.1 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 nor shall it promote alcohol specials such as two for one's, happy hour drink specials, or any ads that encourage rapid and extensive consumption of alcohol.
4.2.7.2 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.
4.2.7.3 Advertising of establishments that sell alcohol shall not associate consumption of alcoholic beverages with the performance of tasks that require skilled reactions such as the operation of motor vehicles or athletic performance.
4.2.7.4 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 360, and online at www.ndsu.edu/memorial_union/saoindex.php).
4.2.8 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 approval from the President or the President's designee. 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.
4.2.9 Drugs Other Than Alcohol may include, but are not limited to, marijuana, hashish, hash oil, cocaine, crack, LSD, inhalants, stimulants, depressants, hallucinogens, narcotics, designer drugs, anabolic steroids, and other substances that alter one's mental state.
4.2.9.1 Possession, consumption, under the influence of drugs other than alcohol is prohibited except pursuant to a physician's or dentist's prescriptions.
4.2.9.2 Transport, manufacture, exchange, distribution, purchase, sale of illegal drugs or any other controlled substances is prohibited except pursuant to a physician’s or dentist’s prescriptions.
4.2.10 Possession of Drug Paraphernalia for illegal drug use on NDSU owned or controlled property or at NDSU sponsored or supervised events is prohibited.
4.2.11 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 agencies.
4.2.12 Loud Parties/Public Disturbances Students may face campus charges for participation in or hosting of loud or noisy parties or other public disturbances on or off-campus. Loud parties consist of three or more individuals whose behaviors lead to noise complaints.
4.2.13 Smoking is prohibited inside all facilities at North Dakota State University. This includes residence halls, common areas, and student rooms. Smoking is permitted outdoors, unless otherwise noted.
4.3 Animals are prohibited in campus buildings. Service animals that assist persons with disabilities are permissible. The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. Questions may be directed to the Facilities Management Director, Thorson Maintenance Center.
Service animals should not be left unattended, must be on a leash, and must be under the control of the owners or their designees at all times. 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.
Please contact the Department of Residence Life to request permission to have service animals in the residence halls or campus apartments. For all other buildings, contact the Facilities Management Director.
4.4 Attempts to commit acts prohibited by the standards of this Code of Student Behavior may be sanctioned to the same extent as if one had committed the prohibited acts.
4.5 Complicity in Prohibited Acts Knowingly, recklessly, or willfully encouraging or assisting others to commit such acts are prohibited by this Code and may be sanctioned to the same extent as if one had committed the prohibited act. Students living in residence halls, University Apartments, or Greek houses and any event sponsors are accountable for the 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; c) leave the scene of the violation, if not responsible for the space in which the violation is occurring.
4.6 Bad Debts/Financial Responsibility
4.6.1 Payment All students must pay in full any debts to NDSU, including but not limited to tuition/fees, room and board 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 the federal bankruptcy laws.
For the complete text of the NDSU Collection Policy, please consult the Business Office staff.
4.6.2 Financial Aid Misuse/Abuse Misusing financial aid through fraud or abuse is prohibited.
4.6.3 Student Organization/Individual Debt NDSU bears no responsibility for the 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, the individuals holding leadership positions at the time the debt was incurred will maintain responsibility for settling outstanding debts.
4.6.4 Creditors NDSU will normally take no action on behalf of creditors in the case of debts incurred off campus 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 the private debts of students.
4.7 On-Campus Living Requirement for Students Under 19 Years of Age
All students under 19 years of age on the first day of the fall or spring semesters are required to live on campus. Exceptions may be granted for students who will be living with their immediate family or relatives. A " Request for an Exemption from the On-Campus Living Requirement" form should be submitted at least two weeks prior to the start of the semester to the Department of Residence Life.
Exceptions, according to the guidelines available in the Department of Residence Life or the Student Activities Office, Memorial Union, may also be granted for second-semester students wishing to live in a fraternity or sorority house.
4.8 Computer Related Inappropriate Behavior
(NDSU Policy Manual Section 158: Acceptable Use of Electronic Communications Devices: and the State Board of Higher Education (SBHE) Policy Manual Section 1901.2, Computing Facilities). If additional questions remain, contact the Information Technology Services Help Desk in IACC for additional guidance.
The following are common violations found in the two policies noted above. For a complete listing, please view both of the documents above.
4.8.1 Unauthorized use, sharing, lending or borrowing of an account is prohibited.
4.8.2 Using the computer services or facilities for purposes other than those for which the account was issued is prohibited.
4.8.3 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.
4.8.4 Using the University's computer systems for commercial purposes without written authorization of the Information Technology Security Officer is prohibited.
4.8.5 Copying, altering, or destroying the files or output of another individual without the express permission of that individual is prohibited.
4.8.6 Altering system software or hardware configurations, or disrupting or interfering with the delivery or administration of computer resources is prohibited.
4.8.7 Misrepresenting oneself as another individual or entity in electronic communication is prohibited.
4.8.8 Intellectual Property Infringement (Copyrighted Materials) When reproducing or distributing information, users are responsible for the 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. The 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.
Users should also be careful of the unauthorized use trademarks. Trademarks are words, names or symbols which 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 can also constitute trademark infringement. (See also 4.16.2)
4.8.9 Abusing or misusing the computer facilities so as to cause damage, program disturbances, or harassment to other persons is prohibited.
4.8.10 Entering obscene or offensive material into computers or sending obscene or offensive material through the Internet or any other electronic system is prohibited.
4.8.11 Any other violation of the campus or North Dakota University System policies governing electronic communications as referenced above is prohibited.
4.9 Deception/Falsification/Misrepresentation
4.9.1 Withholding or providing false information for the purpose of gaining benefit for oneself or others to any office, agency, or individual acting on behalf of the University is prohibited.
4.9.2 Representing a University entity falsely and/or committing or using the resources of any University entity without proper authorization is prohibited.
4.9.3 Dishonest behavior is prohibited and includes, but is not limited to, falsely accusing another individual of inappropriate behavior; possessing, manufacturing, using, or furnishing false identification; and forgery, alteration, misuse, or unauthorized destruction of any University document, record, or identification. Such documents include, but are not limited to, student identification cards, parking permits, transcripts, charge slips, receipts, grade reports, and the like.
4.9.4 False Accusations Knowingly, intentionally, or recklessly making false accusations of inappropriate behavior under this Code against another individual; providing false information or falsified evidence with the intent of harming another student; or attempting to intimidate witnesses and/or altering or destroying evidence necessary to conflict resolution pending with the University is prohibited.
4.9.5 Failing to keep the Office of Registration and Records (Room 110 Ceres Hall) notified of current local, permanent, and e-mail addresses, or providing a false or fictitious address(es), is prohibited.
4.10 Disruption of University Business
4.10.1 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 is prohibited.
4.10.2 Obstruction of ingress or egress to any University facility, or intentional obstruction which unreasonably interferes with freedom of movement, both pedestrian and vehicular, on campus is prohibited.
4.10.3 Unauthorized entry upon the performance area or the spectator areas of any University event, including but not limited to athletic contests, exhibitions, musical or theatrical events, or any other events is prohibited.
4.11 Gambling/Raffles
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 or the Student Activities Office in the Memorial Union.)
4.12 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 official will not be tolerated and shall constitute a violation of this Code.
4.13 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, Residence Life staff and Memorial Union staff in the performance of their duties is prohibited.
4.14 Bribery
The 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, is prohibited.
4.15 Failure to Appear
Willfully, knowingly, or recklessly failing to appear before a University official or the Code of Student Behavior Complaint Resolution Board when notified to appear shall constitute a violation of this code.
4.16 Misuse of Proprietary Information
4.16.1 Unauthorized use of information or misuse of information, in whatever form, proprietary to the University or a University official, employee, or student is prohibited. "Proprietary" means property in which the University or its employee(s) and/or student(s) have a legal interest.
4.16.2 Copyright infringement. Reproduction of any copyrighted materials without authorization is prohibited. See 4.8.8 for additional clarification.
4.17 Personal Inappropriate Behavior Not on University Property
4.17.1 General Information The University may discipline a student for acts of personal inappropriate behavior committed outside of University property:
a) if the acts occur during the course of or in conjunction with University activities that are
being conducted off the University campus; or,
b) the acts relate to the safety and security of the University community and its members, the
integrity of the educational process, or the interests of the University; or
c) the acts relate to previous conflicts between the student and University behavioral standards.
For example, the University routinely processes all police reports provided to the University when the subject of such reports involves the illegal or abusive use of alcohol and/or other drugs, loud/noisy party disturbances, violence, or other serious crimes. When law enforcement agencies report such activities to NDSU that involve students, the University may pursue charges under this Code against all NDSU students identified on such reports.
Other off-campus behaviors addressed may include, but are not limited to, the following: altering academic transcripts; assault; arson; battery; drug trafficking; forgery; fraud; harassment of student(s) as defined in this Code; hazing; rape; sexual assault; trafficking in term papers; unauthorized use of a computer off campus to obtain access to information on campus; possession or consumption of an alcoholic beverage by any student who has not reached 21 years of age; furnishing false identification or otherwise making a false representation about one's age for the purpose of buying, receiving, or otherwise obtaining alcoholic beverages; and selling, giving away, or otherwise distributing an alcoholic beverage to any student who has not reached 21 years of age.
4.17.2 Tri-College Policies NDSU students who are charged with a violation of institutional policy at Concordia College or Minnesota State University-Moorhead will be referred to NDSU and may be subject to action under this Code.
4.18 Property Violations
4.18.1 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.
4.18.2 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.
4.18.3 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 using University printing services.
4.19 Sales
Unauthorized sales or solicitations at any time in the residence halls, University apartments, or in any other campus buildings are prohibited. For questions regarding sales in the Memorial Union, please see the Memorial Union Director. For questions regarding sales in Residence Life facilities, please see the Associate Director of Residence Life. For questions concerning sales in any other areas, please begin the inquiry at the Dean of Student Life Office, Memorial Union
4.20 Telephone & Related Equipment Abuse
4.20.1 Intentionally making telephone call(s) to or from the University for the purpose of abusing, threatening, annoying, or harassing another person is prohibited.
4.20.2 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.
4.20.3 Damage or destruction to the University's telephone system and any of its telephone instruments or equipment is prohibited.
4.20.4 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.
4.21 Traffic Safety
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 entitled "NDSU Traffic Regulations" which may be obtained from NDSU Police, Thorson Maintenance Center. Some of those regulations are listed here:
4.21.1 Falsifying registration information, reproducing, defacing, forging, altering, obscuring, transferring or retaining and using a found permit is prohibited. Reselling of permits is permitted only by NDSU and stolen parking permits may be processed under this code in place of or in addition to the filing of criminal charges for theft of services.
4.21.2 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, etc., is prohibited. Curb parking is prohibited unless the space has been specifically designated as a time parking zone. Parking personal vehicles in agricultural plot areas is prohibited.
4.21.3 Improper operation of motor vehicles on campus, including but not limited to driving on sidewalks, grass, etc., is prohibited.
4.21.4 Failure to cooperate with the lawful direction of traffic enforcement personnel in the performance of their duties is prohibited.
4.21.5 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.
4.21.6 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.
4.21.7 Failure to park bicycles/motorcycles in designated parking areas or to use designated parking structures is prohibited. Unless specifically provided for that purpose, attaching bicycles/motorcycles to light poles, railings, fencing, trees, or other University exterior or interior structures is forbidden.
4.21.8 Bicycles/motorcycles may not be stored in any University building or structure unless specifically provided for by regulation. Any questions may be directed to the Facilities Management Director.
4.22 Unauthorized Entry/Use of Facilities
4.22.1 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; the unauthorized presence in any University facility after closing hours; and the unauthorized possession or use of a key/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.
4.22.2 The 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 is prohibited.
4.22.3 Use of any University facility, equipment, or materials except for their authorized purposes including but not limited to the telephone, the mail, and the computer systems is prohibited. No University facilities, equipment, materials, or services may be used to commit any illegal act.
4.22.4 University computing clusters are provided for the use of currently enrolled NDSU students and currently employed NDSU faculty and staff members. Use by all others is prohibited.
4.22.5 Procuring, altering, damaging, removing, manufacturing, or using any University key card, lock, password, or other security device without proper authorization is prohibited
4.22.6 Refusal to vacate a University facility when directed to do so by an authorized official of the University is prohibited.
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