Violations of the Code

Abuse of the Student Conduct Process

Interfering in any manner with the student conduct process is prohibited. Examples of violating this process include but are not limited to:

  1. Failing to participate in a hearing or investigation; or
  2. Colluding with or intimidating witnesses; or
  3. Providing false or incomplete information that may mislead an investigation/hearing; or
  4. Intentionally omitting relevant information from an investigation or hearing.

Alcohol

Use of alcohol, possession of alcohol, and manufacture or distribution of alcoholic beverages (except as expressly authorized by university regulations) is prohibited on university premises and at university-sponsored events. Students are expected to comply with all state and local laws as well as all Residential Living and Learning regulations regarding the presence of alcohol in the residence halls (see University Housing Policy). Prohibited behavior includes but is not limited to the following:

  1. The possession or consumption of alcohol by anyone under the age of 21;
  2. Providing alcohol or access to alcohol to anyone under the age of 21;
  3. Public intoxication or drunkenness;
  4. Possession of common containers (e.g. kegs, trashcan punch, etc.) on campus;
  5. Operating a motor vehicle or another form of transportation while intoxicated or under the influence of alcohol;
  6. Violating any provision of the Code while under the influence of alcohol.

Animal Cruelty

Prohibited conduct includes:

  1. Intentionally, knowingly or recklessly killing, torturing or causing serious bodily injury to an animal; or
  2. Failing to provide necessary food, water or care for an animal in an individual’s custody; or
  3. Abandoning an animal in an individual’s custody; or
  4. Transporting or confining an animal in a manner that may cause serious bodily injury to any animal without the owner’s consent; or
  5. Causing one animal to fight with another animal or overworking an animal in a manner that may cause serious bodily injury.

The animal cruelty policy does not prohibit:

  1. Killing or injuring an animal within the scope of a person’s employment or furthering the goals of legitimate educational curriculum as designed and approved by the university;
  2. Killing or injuring an animal when a person has a reasonable fear of bodily injury to self or others;
  3. Killing or injuring an animal when fishing or hunting.

Complicity

Complicity means aiding, encouraging, being an accessory to, or failing to report any act or attempted act of behavior in the Code is prohibited.

Damage to Fire Safety Equipment

Tampering, removal and/or damage to fire and safety equipment on university property (e.g., residence halls, Rayburn Student Center, Morris Recreation Center and all academic buildings, etc.) is prohibited. Tampering includes pulling fire alarms unnecessarily, discharging fire extinguishers unnecessarily, removing exit signs and interfering with smoke detectors and sprinklers (See also, Texas Penal Code 42.06).

Damage to Property

Intentionally, knowingly or recklessly causing damage to property or actions that may cause such damage is prohibited. Examples include:

  1. Removal of window restrictors or security screens;
  2. Dropping, throwing or causing objects or substances to fall from windows, doors, ledges, balconies or roofs;
  3. and/or unauthorized application of graffiti to property.

Disorderly Conduct/Disruptive Activity

Any interference or disruption of students, faculty, administration, staff, the educational mission or routine operations of the university is prohibited. To remain in the vicinity of activity that is disrupting normal university functions when requested to leave by a university official is prohibited. Bystanders, if their presence incites or adds to the disruption, as well as more active participants in the disruptive activity, may be in violation of this policy as well. Engaging in physical violence of any nature against any person is also prohibited. This includes fighting, assaulting, battering; using a knife, gun, or other weapon; or acting in a manner that threatens or endangers the physical health or safety of any person or causes reasonable apprehension of such harm.

Drugs

Drugs are any substance that, when taken into the human body, can impair the normal use of mental or physical faculties. The unauthorized possession, use, manufacture, sale or distribution of any counterfeit, illegal, dangerous, designer or controlled drug, or other substance, is prohibited. The unlawful possession of drug paraphernalia includes equipment, products or materials that are used or intended for use to impair normal mental or physical faculties, is strictly prohibited. Students are expected to comply with all federal and state laws regarding legal and illegal drugs. (See Health and Safety Code Chapter 481. Texas Controlled Substance Act, Texas Penal Code Chapter 49, and Texas Agric. Chapter 122.) Examples of prohibited activities include, but are not limited to:

  1. Use or transport of hemp; or
  2. Use, manufacture, sale or distribution of prescription medications; or
  3. Being under the influence of a substance (intoxication) and not having the normal use of mental or physical faculties.

Expressive Activity

Any action that unduly interferes with an individual’s or organization’s right to engage in expressive activities is prohibited. Expressive activity is not permitted in classrooms, campus offices or residence halls as they are deemed non-public forums. In accordance with the Texas Education Code Section 51.9315, freedom of expression is of critical importance to ensure free, robust and uninhibited debate and deliberation of our students, whether the students are on or off campus. The university officially recognizes freedom of speech as a fundamental right. Expressive Activity has been amended to comply with Executive Order GA-44. For the complete policy and a list of locations where expressive activity is permitted, see Expressive Activity on Campus 08.99.99.R1.

Failure to Comply

Students and student organizations are required to comply with reasonable and lawful requests of university officials in the performance of their duties. University officials include but are not limited to faculty, staff, residential advisors (RAs) and university police officers. Students are expected to appear at conduct hearings, to respond to allegations and to testify as witnesses upon reasonable notice. A failure to comply with or complete a sanction or obligation resulting from a conduct hearing or adjudication may constitute failure to comply.

False Information/Fraud/Misrepresentation

Intentionally or knowingly providing false or incomplete information to a university official is prohibited. This includes but is not limited to misrepresenting the truth in a hearing or making a false statement verbally or in writing.

Guest Misconduct

Students are accountable for violations their guests may commit while visiting them or the university community. Guest misconduct is strictly prohibited.

Harm to Person(s)

Actions that cause or may cause injury, create conditions that cause injury, or cause a reasonable apprehension of physical injury are prohibited.

Hazing

Hazing is any intentional, knowing or reckless act that occurs on or off the campus by one or more people, is directed against a student, and endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in or maintaining membership in an organization. The act is considered hazing and is prohibited, if it:

  1. Includes any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body or similar activity;
  2. Involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics or other similar activity that subjects the individual to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the individual;
  3. Involves consumption of a food, liquid, alcoholic beverage, liquor, drug or other substance, other than as described below, that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;
  4. Includes any activity that induces, causes or requires the student to perform a duty or task that involves a violation of the Penal Code; or
  5. Involves coercing the student to consume a drug or an alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated. (See also, Texas Education Code, Chapter 37, Subchapter F – Hazing).

Misuse of Computing Resources

Failure to comply with university regulations and policies (see CITE Support Center), license agreements and contracts governing network, software and hardware use; abuse of communal resources; use of computing resources for unauthorized commercial purposes or personal gain; failure to protect university-issued passwords or accounts; breaches of computer security; harmful access to, or invasion of privacy are prohibited. Misuse and/or other abuse of computer facilities and resources is also prohibited. This includes but is not limited to:

  1. Use of another individual’s identification and/or password;
  2. Use of computing facilities and resources to send obscene or threatening messages;
  3. Use of computing facilities and resources in violation of copyright laws.

Misuse of Documents

Unauthorized alteration, possession or misuse of university documents, records or identification cards all constitute misuse of documents and is prohibited. This includes faculty publications and laboratory materials related to the educational process.

Misuse of Keys/Access Cards

No person may give, use, or possess any university key, mobile credentials, or access card (including student ID) without proper authorization from faculty or staff who possess the authority to provide permission. No student can possess a duplicated university key or access card without prior permission from faculty or staff who possess the authority to provide that permission.

Recurring Misconduct

Recurring misconduct are incidents/behaviors that repeatedly violate university policies and are prohibited. Recurring misconduct also includes persistently irresponsible behavior and bring into question a student’s serious intent to pursue an education.

Smoke, Vapor and Tobacco

The university prohibits the use of all forms of tobacco, including vaping products, on university property, including athletic and farm facilities/fields. The university prohibits any advertising, sale or free sampling of tobacco and vaping products on university property.

Theft

Theft of any kind, including seizing, receiving or concealing property with knowledge that it has been stolen, is prohibited. Sale, possession or misappropriation of any property or services without the owner’s permission is also prohibited.

Unauthorized Presence in or Use of University Facilities

Unauthorized entry into, presence in or use of university facilities, equipment or property is prohibited.

Violation of Federal, State or Local Law

Conduct which could be interpreted as a violation of federal, state or local law while off campus, on university premises, or at university-sponsored or supervised activities is prohibited.

Violation of University Policies

Violation of any official university policy, rule or regulation is prohibited on or off campus. Such rules include but are not limited to Residential Living and Learning Community Standards, Athletics Student-Athlete Handbook, Morris Recreation Center Policies and Procedures, Fraternity and Sorority Life Policies and Procedures, and University Traffic and Parking Regulations.

Weapons

Weapons are not permitted on university premises, grounds or buildings on which an activity is sponsored by East Texas A&M, or passenger transportation vehicle, unless pursuant to written authorization of the university. This prohibition excludes a concealed handgun carried by a license holder in accordance with state and federal law and the East Texas A&M campus carry rule.

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