Charges

Conduct—Rules and Regulations

Any Student or student organization found to have committed or to have attempted to

commit the following is subject to the disciplinary sanctions outlined in Article IV, D:

1. Academic dishonesty and impropriety:

A. Plagiarism includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling or distribution of term papers or other academic materials.

B. Cheating includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the university faculty or staff; (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus, assignment, or class discussion; (5) or otherwise engaging in behavior that gives the Student an unfair academic advantage including, but not limited to, fabrication of data or sources, resubmitting work already submitted for another academic requirement without prior authorization, or other similar behavior.

C. Facilitating, procuring, or encouraging another person to engage in plagiarism or cheating.

2. Disruption or obstruction of university activities, on or off campus, including, but not limited to, teaching, research, administration, disciplinary proceedings, and its public service functions , or authorized non-university activities where those nonuniversity activities occur on university premises.

3. Intentional or reckless physical harm to another person.

4. Written, verbal, physical, or other conduct that intentionally or recklessly places another person in reasonable fear of:

A. Bodily harm to that person;

B. Bodily harm to a third party; or

C. Damage to property.

5. Violation of the University Policy on Preventing and Addressing Sexual Misconduct 04.82.02 which may be found on the university’s policies and procedures webpage at http://policies.temple.edu. Sexual misconduct includes sexual assault, domestic violence, dating violence, stalking, and sexual exploitation.

A. Sexual assault includes any of the following:

(a) Any intentional, unconsented touching, or threat or attempt thereof, of: (i) an intimate bodily part of another person, such as a sexual organ, buttocks or breast; (ii) any bodily part of another person with a sexual organ; or (iii) any part of another person's body with the intent of accomplishing a sexual act; or (b) Disrobing of another person without the other’s consent or purposeful exposure of one's genitals to another without the other's consent; or (c) Forcing, or attempting to force, another person to engage in sexual activity of any kind without their consent.

Consent in sexual activity is defined in Pennsylvania in accordance with its plain and common meaning. Consent means words or actions that show a knowing and voluntary agreement to engage in mutually agreed sexual activity. Consent must be ongoing through sexual activity and can be revoked at any time. Assent (an affirmative statement or action) shall not constitute consent if it is given by a person who is unable to make a reasonable judgment concerning the nature or harmfulness of the activity because of their intoxication, unconsciousness, youth, mental deficiency or incapacity, or if the assent is the product of threat or coercion. Consent to prior sexual activities does not constitute consent to future acts.

B. Domestic Violence includes but is not limited to violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or who has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim, by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the Commonwealth of Pennsylvania, or as “domestic violence” is otherwise defined under the laws of the Commonwealth of Pennsylvania.

C. Dating Violence means violence committed by a person—

(a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(b) where the existence of such a relationship shall be determined based on the victim’s statement and with a consideration of the following factors:

(i) The length of the relationship.

(ii) The type of relationship.

(iii) The frequency of interaction between the persons involved in the relationship.

Dating violence includes, but it not limited to, sexual or physical abuse or the threat of such abuse.

D. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer severe emotional distress; or as “stalking” is otherwise defined by the law of the Commonwealth of Pennsylvania. One engages in an impermissible course of conduct if one engages in two or more acts that include, but are not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates about a person in a way prohibited as described above, or interferes with a person’s property.

E. Sexual Exploitation includes, but is not limited to: non-consensual visual or audio recording of sexual activity; non-consensual display or distribution of photos, images or information of an individual’s sexual activity or intimate body parts; non-consensual voyeurism; prostituting another person; or knowingly transmitting sexually transmitted infections (STI) or sexually transmitted diseases (STD) without disclosing that one is infected with an STI or STD.

Temple University seeks to encourage and sustain an academic environment that both respects individual freedom and promotes the health, safety and welfare of all members of its community. Because Temple University places a high priority on student health and safety, those who report Sexual Misconduct or participate as a complainant, victim, or a witness in Sexual Misconduct investigations, or who seek medical assistance for themselves or another, will not be subject to disciplinary sanctions for their consumption of alcohol and/or other substances.

6. Violation of the University Policy on Sexual Harassment 04.82.01 which may be found on the university’s policies and procedures webpage at http://policies.temple.edu. Sexual harassment, as defined in the applicable policy, includes any unwelcome conduct of a sexual nature, including sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual or gender-based nature.

7. Conduct that causes severe or pervasive distress by (a) repeated communications that the Student knows or should know are unwanted or (b) where the Student acts with the intent to harass

8. Intentional or reckless damage to or destruction of University property or private property.

9. Theft of University property or private property.

10. Provision of false or misleading information, verbally or in writing, to the university or -university personnel. This includes, but is not limited to:

A. Forgery, fraud (including payroll fraud), bribery, alteration, or misuse of University documents, records;

B. Providing false or misleading information during a disciplinary proceeding or investigation related to potential policy violations; or

C. Representing oneself as another member of the university community.

11. Use of another person’s identity, password, identification number, university identification card or any other form of identification.

12. Hazing or any act that endangers the mental or physical health or safety of a person, embarrasses, frightens, or degrades a person or that destroys or removes public or private property, for the purpose of initiation, admission into, or affiliation with, or as a condition for continued membership, in a group, organization or team. The express or implied consent of the victim will not be a defense. Except for the victim, apathy or acquiescence in the presence of hazing by any Student is not a neutral act; it is a violation of this rule.

13. Failure to comply with directions of university officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.

14. Unauthorized possession, duplication or use of keys or swipe cards that are used for electronic access to any university premises, or unauthorized entry to or use of university premises.

15. Violation of any university policy, rule, or regulation published in hard copy or available electronically on the university website.

16. Violation of any federal, state or local law.

17. Unlawful use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by university regulations), or public intoxication. Alcoholic beverages may not, in any circumstance, be used, possessed, manufactured, or distributed by any person under twenty-one (21) years of age. It is also a violation to possess and/or use false forms of identification to obtain alcoholic beverages. Students 21 years of age and older may be in violation of the University’s alcohol policy for, among other things, the public possession of an open container, public intoxication, and the distribution of alcohol to anyone under the age of 21. The university strongly encourages students to call Campus Safety Services for medical assistance for themselves or for other individuals who are dangerously under the influence of drugs or alcohol. No student seeking medical treatment for the effects of drug or alcohol use will be subject to university discipline for violations pertaining to drug or alcohol use that are outlined in the Student Code. Medical amnesty does not apply to disciplinary action relating to any other criminal activity including but not limited to assault, property damage, or the presence of or distribution of other substances. This medical amnesty will be granted to both the intoxicated student and to the student seeking medical assistance for the intoxicated student; however, the intoxicated student will be required to participate in the university’s Drug and Alcohol Education Program in order to receive medical amnesty.

18. The illegal or unauthorized use, possession, cultivation, distribution, manufacture or sale of any drug(s), including prescribed medication.

19. Intoxication due to the use or abuse of solvents, aerosols or propellants.

20. Administration of drugs or other intoxicants to another person, without their knowledge, causing them to become impaired.

21. Use, possession, sale or storage of articles and substances that endanger a person’s health and/or safety in or on university premises. This includes, but is not limited to, firearms (e.g. guns, pistols, rifles, stun guns, air rifles, pellet guns, etc.), fireworks, knives, weapons, ammunition, gunpowder, explosives, or other material containing flammable substances, as well as replicas of any such articles or substances. The university will confiscate any such articles. Any student found in possession of a firearm will receive an interim suspension from Temple University pending the outcome of the student conduct process.

Firearms and other dangerous weapons are strictly prohibited in or on university facilities. This prohibition applies to all persons, even those who possess a license to carry such weapons, except for authorized Campus Safety Services and other law enforcement personnel performing official functions.

22. Any lewd or indecent act, including public urination, which the Student knows or reasonably should know, is likely to be observed by others.

23. Disorderly conduct that causes a public inconvenience, disruption, or creates a risk thereof. Acts that may constitute disorderly conduct are limited to the following:

A. Engaging in fighting or threatening or violent behavior;

B. Making unreasonable or excessive noise; or

C. Creating a hazardous or physically offensive condition.

24. Abuse of the student conduct process, including, but not limited to:

A. The Student’s failure to comply with the notice to appear for any preliminary investigative meeting, Process Review meeting, or hearing as part of the student conduct process;

B. Attempting to discourage an individual’s participation in, or use of the student conduct process, including but not limited to, retaliation of any kind against any individual filing a complaint or participating in a disciplinary proceeding;

C. Attempting to influence the impartiality of a member of a Student Conduct Board prior to, during, and/or after a Student Conduct Board Hearing;

D. Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Board prior to, during, and/or after a Student Conduct Board Hearing;

E. Failure to comply with the sanction(s) imposed under the Student Conduct

Code;

F. Influencing or attempting to influence another person to commit an abuse of the student conduct process.

25. Operating an unregistered student organization, including fraternities/sororities and sport clubs, organizing or sponsoring any event or activity that promotes or gives the impression or appearance that the unregistered group is a viable organization. Students should contact the Student Activities Office or Campus Recreation to ensure that a student organization is in good standing