5.22 – SSCC Conduct Standards

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Details

Scope: NMSU System

Source: ARP Administrative Rules and Procedures Chapter 5 | Student Life and Conduct

Rule Administrator:

Last Updated: 08/13/2019

Related

Cross-Reference:

5.20 - SSCC Student Social Code of Conduct Overview
5.21 - SSCC Student Rights and Responsibilities
5.23 - SSCC Interim Measures
5.24 - SSCC Amnesty for Emergency Reporting
5.25 - SSCC Consequences for Violation
5.26 - SSCC Conduct Case Procedures



Revision History:

08/13/2019 Amendment approved by Chancellor
05/24/2019 Amendment updating and restructuring the Student Social Code of Conduct as ARP 5.20 – ARP 5.26
03/08/2019 Student Social Code of Conduct relocated from Student Handbook, pursuant to revised RPM 5.20 C. 1.
08/15/2015 Amended pursuant to Policy 3.101, Authorization of Student Social Code of Conduct (subsequently recompiled as RPM 5.20)

The prohibited conduct described below is inconsistent with the core values identified in Part 2 of ARP 5.20 – Overview of the Student Social Code of Conduct.  All prohibited conduct is subject to administrative action pursuant to the SSCC, including that carried out using telephone, text message, computer, email, social media or any other electronic or digital format.  Text messages and other information provided to the Dean of Students, as well as online postings such as blogs, web postings, chats, images, and social networking sites in the public sphere may be used as evidence in disciplinary proceedings.

  1. Abuse or Interference with Conduct Process: Interference with or failure to comply with NMSU processes, including this SSCC and the Student Academic Code of Conduct. Abuse of Conduct Process includes and is not limited to:
    1. falsification, distortion, or misrepresentation of information;
    2. refusal or failure to provide information for an investigation;
    3. destruction or concealment of information during an investigation;
    4. any behavior intended to discourage someone from reporting a potential violation of NMSU policy, cooperating in an investigation, participating in proceedings, or otherwise cooperating with officials relating to a violation of NMSU policy;
  2. Alcohol: Violations of law or NMSU policies, rules or procedures pertaining to alcohol, including but not limited to:
    1. consuming or possessing alcohol by an individual under the legal drinking age;
    2. being intoxicated in public;
    3. behaving in disorderly manner as a result of alcohol;
    4. providing alcohol to individuals below the legal drinking age; or
    5. allowing alcohol to be served to individuals below the legal drinking age.
  3. Animals: With the exception of service and emotional support animals, animals are not permitted on NMSU Property except in accordance with ARP 3.45 – Assistive, Service, and Companion Animals on NMSU Premises.
  4. Bullying/Cyberbullying: An act or omission (not based on discriminatory motives prohibited by RPM and ARP 3.25) committed with the intention of intimidation or causing emotional distress or other harm. Bullying is typically directed toward a person perceived to be vulnerable or less powerful, but may also be directed at a group of individuals.  Bullying is prohibited regardless of how it is carried out (e.g. verbally, physically, through third parties, or using social media or other electronic or technological means. (See ARP 3.25-Discrimination, Harassment and Sexual Misconduct on Campus and ARP 3.80- Prohibition of Bullying, Hazing and Hostile Misconduct (Non-Discriminatory)).
  5. Complicity: Involvement, through action or failure to act, in a situation that a reasonable person under the circumstances would anticipate harm or damage (e.g. scheming, planning, aiding, unacceptable bystander behavior).
  6. Discrimination: Adverse Treatment based on membership in a protected class as defined in ARP 3.25-Discrimination, Harassment and Sexual Misconduct on Campus (e.g. race, sex (pregnancy), sexual orientation, gender identity, religion, disability).
  7. Discriminatory Harassment: One form of illegal discrimination consisting of unwelcome verbal, physical or virtual conduct based on an individual’s protected status (See ARP 3.25-Discrimination, Harassment and Sexual Misconduct on Campus) that is severe or pervasive enough to create an academic or work environment that a reasonable person would consider intimidating, hostile or abusive.
  8. Disruptive Behavior: Any activity, individually or in concert with others, which causes or constitutes a disturbance, noise, riot or obstruction which substantially interferes with the free movement of persons about the campus or which interferes with the free, normal, and uninterrupted use of the campus for educational programs, business activities and related residential, food service and recreational activities.
  9. Drugs: Violations of local, state or federal laws or campus policies, rules or procedures pertaining to drugs including but not limited to:
    1. the use of substances defined by state or federal law as illegal drugs;
    2. selling or distributing illegal drugs regardless of age;
    3. hosting a party or event where illegal drugs are used; or
    4. abuse, misuse, sale, or distribution of prescription or over-the counter medication.
  10. Election Tampering: Tampering with an election on campus, including elections conducted by ASNMSU, NMSU recognized Student Organizations or other campus constituencies.
  11. Failure to Comply: Failure to comply with the reasonable and lawful directives of NMSU officials.
  12. Falsification: Knowingly furnishing or possessing false, falsified or forged materials, documents, accounts, records, identification, or financial instruments.
  13. Financial Misconduct: Any dishonest or illegal activity relating to the student’s financial responsibilities to NMSU, including, but not limited to: knowingly passing a worthless check, money order, or credit/debit card in payment to NMSU.
  14. Fire Safety: Violation of local, state, federal or campus fire policies including, but not limited to:
    1. intentionally or recklessly causing a fire which damages NMSU or personal property or which causes injury;
    2. failing to evacuate an NMSU controlled building during a fire alarm;
    3. improperly using NMSU fire safety equipment; or
    4. tampering with or improperly engaging a fire alarm or fire detection/control equipment.
  15. Gambling: Gambling as defined and prohibited by the applicable state law.
  16. Hazing: Conduct connected to membership in NMSU sanctioned organizations (e.g. club, collegiate or intramural team, order, unit or other group officially affiliated with NMSU) which creates an unreasonable risk of emotional or physical harm, causing actual emotional or physical harm, or interfering with an individual’s academic endeavors, progress or environment.
    Examples of such behavior include, but are not limited to:  misusing authority by virtue of one’s class rank or leadership position, striking another student by hand or with any instrument, depriving a person of sleep, requiring the consumption of liquids or solids, requiring standing for unreasonable amount of time, requiring a violation of NMSU policy or state or federal laws.
    It is not a defense that the person (or group) hazed consented to, or acquiesced to, the behavior in question. Having firsthand knowledge of the planning of such activities or firsthand knowledge that an incident of this type has occurred and failing to report it to appropriate NMSU officials (Dean of Student Life and/or University Police Department will also be considered to be a Hazing violation, as well as  “Complicity”.
  17. Health and Safety Hazard: Creation of a health or safety hazard including an unreasonable risk of harm to health or safety including: dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs or improperly gaining access to structures or facilities which are not open for student use.
  18. Ineligible Pledging or Association: Pledging or associating with a Student Organization without having met eligibility requirements established by NMSU.
  19. Misuse of NMSU Information and Communications Technology: Violation of NMSU policies, rules, procedures or other directives, including those governing the use of technological hardware or software, electronic, digital or other media, copyrighted material and protected data (e.g. ARP 11 – Acceptable Use of ICT Equipment and Resources).
  20. Personal Injury or Property Damage: Intentional, reckless or negligent harm to a person or damage to, or destruction of, NMSU property or the property of another.
  21. Public Exposure: Deliberately and publicly exposing one’s intimate body parts, including but not limited to public urination, defecation, and public sex acts.
  22. Retaliation: An adverse action threatened or taken against any individual because of that individual’s participation in the SSCC conduct process or any NMSU sanctioned complaint or investigation process. Examples of protected activity include filing a complaint, supporting or assisting someone who filed a complaint, cooperating with an investigator or providing testimony as a witness. Retaliation in any form is prohibited,  whether verbal or physical, including by email, text, social media or other  telephonic or electronic means, or carried out or communicated through a third party.
  23. Sexual Misconduct: A broad term that encompasses all forms of prohibited sex discrimination including sexual or gender based harassment; stalking; rape and intimate partner violence (dating violence, domestic violence, relationship violence). (See ARP 3.25-Discrimination, Harassment and Sexual Misconduct on Campus)
  24. Smoking and Tobacco Use (including E-Cigs) Restrictions: Smoking tobacco products and substitutes for such products (vapor/e-cigs): 1) inside any buildings owned or leased by NMSU, as well as within 25 feet of an entrance or exit to such a building, 2) in NMSU owned vehicles, and 3) during some organized outdoor events on NMSU property. (See ARP 16.63 – Smoking and Tobacco Use Restrictions)
  25. Taking of Property/Damaging Property:
    1. Intentional and/or unauthorized taking of NMSU property or the personal property of another, including goods, services and other valuables, or knowingly accepting possession of stolen property.
    2. Behavior that destroys, damages, or litters any property of NMSU property or the personal property of a NMSU community member, another institution, or another person.
  26. Threatening Behavior: Written or verbal conduct that causes a reasonable fear of imminent harm or injury to the health or safety of any person or of damage to any property.
  27. Trademark/Copyright (Logo) Infringement: Unauthorized use of NMSU names and logos, trademarks, or any violation of copyright law. (See ARP 11 Part 2 C.; ARP 15.80 – Use of NMSU Logo; University Communications)
  28. Unauthorized Access; Failure to Report Lost NMSU ID or Key:
    1. access to a building, structure or area not open to students and obtained without permission;
    2. unauthorized possession, duplication or use of means of access to any NMSU building; or
    3. failure to report a lost NMSU identification card or key.
  29. Violation of NMSU Policy: Violation of NMSU policies, rules or procedures except as otherwise provided in the SSCC (e.g. violation of Student Academic Code of Conduct, ARP 5.10-5.11).
  30. Violations of Law: Violation of local, state, or federal laws that creates a significant risk of harm to the safety and security and well-being of NMSU or any member of the NMSU Community.
  31. Weapons and Other Explosive Materials/Devices: Possession, use, or distribution of any object intended to be used as a weapon, including explosives (e.g. fireworks), guns (including ammunition, air, BB, paintball, facsimile weapons, and pellet guns), or other weapons or dangerous objects such as arrows, axes, machetes, nun chucks, throwing stars, or knives.