CODE OF STUDENT CONDUCT

Portions of the following materials are adapted from similar documents at The University of Maryland, The University of Tennessee, Knoxville, and other materials from sources provided by the Association for Student Judicial Affairs and its members. Definitions of cheating and plagiarism are adopted from "Student Rights and Responsibilities" (1970) the Student Handbook of the University of Kentucky, Lexington, Ky.

Introduction — The following policies and procedures have been developed to ensure the rights and privileges of all members of the University community, to communicate the expectations of the community to its members and to provide a basis for orderly conduct of the affairs of the University. Please refer to the Student Handbook for detailed explanation of these and other policies and procedures.

Rationale — The primary purpose for the imposition of discipline in the University setting is to protect the campus community. Consistent with that purpose, reasonable efforts will also be made to foster the personal and social development of those students who are held accountable for violations of University Regulations. The University student conduct system is not analogous to the criminal justice system. The purposes, the standards of proof, the procedures and many other aspects differ. A more appropriate analogy may be drawn to contract law and administrative law rather than to criminal law.

Interpretation of Regulations — Disciplinary standards at the University, as presented below, are described in writing in order to give students and other community members general notice of prohibited conduct. These regulations should be read broadly and are not designed or intended to define misconduct in exhaustive terms.

Authority of the University — The University reserves the right to take all necessary and appropriate steps to protect the safety and well-being of the campus community. Any act committed by a student, whether on or off the campus, that is determined by the University to be a threat to the safety or well-being of the community or which is disruptive to the primary purposes of the University may result in discipline. Student, for the purpose of this policy, is defined to mean a person enrolled for one or more hours of academic credit, or in a noncredit course or courses offered in the name of the University.

Violations of the Law and Standards of Conduct — There are occasions when behavior that violates the University Standards of Conduct also violates the civil law. In these cases, students should understand that they may be held accountable to both authorities. Disciplinary action for violation of the Standards of Conduct will normally proceed during the pendency of criminal proceedings and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.

Standards of Conduct — Francis Marion University prohibits the conduct listed below. Persons committing such acts are subject to expulsion from the University or to any lesser penalty listed in the Student Handbook, including suspension, disciplinary probation or other sanctions.

University Violations

1. Academic cheating or plagiarism; cheating is defined by its general usage. It includes, but is not limited to, wrongfully giving, taking or presenting any information or material by a student with the intent of aiding him/herself or any other person on any academic work that is considered in any way in the determination of the final grade. Plagiarism involves the use of the ideas or writings of another without acknowledgment of that use. For a more detailed description of these two forms of academic dishonesty, and how allegations of academic dishonesty are handled, refer to the FMU Student Handbook.
   
   
2. The illegal manufacture, possession, use, or distribution of drugs or the use of drugs for which the holder has no legal prescription, or other drug-related conduct which is a violation of South Carolina law. Such conduct is a University violation regardless of where it occurs (on- or off-campus);
   
   
3. The illegal manufacture, distribution, possession, or consumption, or being under the influence of alcoholic beverages on University property or during University activities. For purposes of this policy, a blood alcohol concentration of .08 or greater is conclusive evidence that a student is under the influence of alcohol, but a student's conduct, physical appearance, and other factors are also evidence;
   
   
4. Sexual Assault or Inappropriate Sexual Conduct;
   
   
5. Physical abuse of any person, or other conduct which threatens the health or safety of any person;
   
   
6. Failure to comply with the directions of a University official acting in performance of his/her duty. This includes, but is not limited to, failure to report to a University office or official, after notice to do so, failure to appear for a judicial hearing or comply with a disciplinary penalty, failure to pay promptly, after notice, all University bills, fines, accounts and other financial obligations; failure to produce positive student identification upon request;
   
   
7. Theft, wrongful appropriation, unauthorized possession, or damage to property of the University (including library materials) or of any organization affiliated with the University or of another member of the University community (i.e. faculty, staff, student, or campus visitor);
   
   
8. Furnishing false or incomplete information to a University official to include, but not be limited to, providing false, misleading or incomplete information during an investigation or hearing involving an alleged violation of University policy or local, state or federal law;
   
   
9. Forgery, alteration, destruction, damage, or misuse of University documents, records or identification (e.g. University ID cards, Library materials, etc.). University ID cards are the property of the University and are not transferable. Use by a person other than the authorized user is a violation of this policy; as is permitting or abetting such use.
   
   
10. Any act of arson, falsely reporting a fire or other emergency (such as the presence of an explosive or incendiary device), knowingly setting off a fire alarm or emergency call box when the student knows that no fire or emergency exists, tampering with or removing from their proper location fire extinguishers, hoses or any other fire emergency equipment except when done with an actual need for such equipment;
    
    
11. Possession, while on University-owned or -controlled property, or at University-sponsored or -supervised activities, of any weapons such as, but not limited to, rifles, shotguns, ammunition, handguns, and air guns, including explosives and incendiary devices, such as firecrackers or fireworks. Possession of pocketknives having no blade longer than two inches and possession of weapons or tools required by a student's job or studies at the location in question is not a violation.
    
    
12. Unauthorized use or entry into University facilities and/or unauthorized possession or use of keys to University facilities;
    
    
13. Obstruction or disruption of teaching, research, administration, disciplinary proceedings, or other University activities, including public service functions, or any authorized activities on University premises;
    
    
14. Disorderly conduct or lewd, indecent, or obscene conduct on University-owned or controlled property or at University -sponsored or -supervised functions;
    
    
15. Violation of properly constituted rules and regulations governing the use of motor vehicles on University-owned or -controlled property;
    
    
16. Violation, attempted violation, or the incitement of others to violate written University policies or regulations as herein stipulated or as promulgated and announced by University personnel;
    
    
17. Violation, or attempted violation, of local, state or federal law, whether on or off campus, when it appears that the student has acted in a way which adversely affects, or seriously interferes with the University's normal educational function, or which injures or endangers the welfare of any member of the University community;
    
    
18. Unauthorized use or misuse of the University’s computing facilities, to include, but not be limited to, violation of the University policy on acceptable computer use (see University Policy on Acceptable Computer Use located on the FMU website, www.fmarion.edu/~acadcompserv/policy2.htm);
    
    
19. Hazing, which is defined as: any intentional or reckless act, on or off University property, by one student, acting alone or with others, which is directed against any other student, that endangers the mental or physical health or safety of that student, or which induces or coerces a student to endanger his or her mental or physical health or safety, and includes treatment of a violent, abusive, shameful, insulting, or humiliating nature.
    
    
20. Harassment/Stalking, which includes but is not limited to, unwanted and repeated contact after notice, with another individual or group through personal contact, contact by electronic or other media, or other behaviors which are perceived as threatening or intended to intimidate or induce fear.
    
    
21. Other conduct which a reasonable person having sufficient intelligence to acquire post-secondary education would understand is injurious to the University or the University community. This standard shall not be interpreted to infringe upon a student's constitutional rights.

University Disciplinary Process — The disciplinary process for students is based upon the elements of constitutional due process and local, state and federal law which have been developed over the last several decades. University students do not give up their rights at the gates of the University. As a result, established procedures shall be carried out as fully as possible. Community members should be aware, however, that there are emergency situations in which these procedures may be omitted when necessary to protect public safety. Any person may refer a student or student group or organization suspected of violation of the Code. Persons making such referrals are required to provide information pertinent to the case and will normally be expected to appear before a judicial board or judicial official as a complainant.

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