III. Misconduct
Every student and student group at the University shall be required to act lawfully and in such a way as not to adversely affect the educational processes of the University or the rights of members of the University community and others. Violation of this general standard of behavior shall be considered misconduct under this Code. By the procedures set forth in this Code, the following types of misconduct shall be subject to discipline.
Individuals who attempt to commit acts prohibited by the Code may be charged and sanctioned to the same extent as if they had committed prohibited acts.
Any Code violation found to be motivated by bias based on tenets of diversity, such as age, color, disability, gender expression, gender identity, national origin, race, religion, sexual orientation, sex, marital status, or status as a military Veteran, may result in enhanced sanctions above and beyond sanctions for similar actions not motivated by bias. DSU does not discriminate based on tenets of diversity.
Repeated violations of the Code are relevant when determining sanctions and a student’s ability to remain a member of the University community. Progressive sanctioning may be assigned, depending on the nature of the violation(s).
3.1 Violations of Law
DSU holds the right to address any conduct occurring on- or off-campus that may be construed as alleged or potential violations of local, state, or federal law.
3.2 Complicity in Prohibited Acts
Students are expected to avoid complicity with prohibited acts. To do so, students should: (a) Attempt to stop the behavior from occurring, except in cases where danger to self would occur; (b) Notify a staff member as the behavior is occurring; and/or (c) Remove self immediately from the violation occurring. Complicit students may be held accountable as if they committed the act themselves. Additionally, students are held accountable for the conduct of guests they host and may be sanctioned under the Code for guests’ behavior as if they committed the violation themselves.
3.3 Good Samaritan Responsibilities
Individuals who appropriately report or seek assistance for themselves or for others will not be subject to disciplinary sanctions for allegations related to the use or consumption of alcohol or other drugs, nor will the incident become a part of the student’s conduct record. However, because alcohol and drug misuse can negatively impact an individual’s physical and emotional well-being, individuals may be required to have an educational meeting with University personnel.
Please see the North Dakota Good Samaritan Act for more information.
3.4 Academic Misconduct
All forms of academic dishonesty, including but not limited to the following, will be handled through the Office of Academic Affairs: (a) Copying from another student’s test paper; (b) Using materials during a test not authorized by the person giving the test; (c) Collaborating during a test with any other person by giving or receiving information without authority; (d) Stealing, buying, or otherwise obtaining all or part of an unadministered test; (e) Selling or giving away all or part of an unadministered test; (f) Bribing any other person to obtain an unadministered test or information about an unadministered test; (g) Substituting for another student, or permitting any other person to substitute for oneself, to take a test; (h) Submitting as one’s own, in fulfillment of academic requirements, any theme, report, term paper, essay, or other written work; any speech or other oral presentation; any painting, drawing, sculpture, musical composition or performance, or other aesthetic work; any computer program; and/or any scientific experiment, laboratory work, project, protocol, or the results thereof, prepared totally or in part by another; (i) Selling, giving, or otherwise supplying to another student for use in fulfilling academic requirements any work described above; (j) Plagiarizing, defined as the use of any other person’s work (such work need not be copyrighted) and the unacknowledged use of Internet and web based materials or information; (k) Submitting in fulfillment of academic requirements, if contrary to course regulations, any work previously presented, submitted, or used in any course; (l) Falsifying records, laboratory results, or other data used in a course; (m) Cheating or deceit in any other manner; and/or (n) Fabricating, forging, altering, or misusing any University academic document or form.
Additionally, students cannot duplicate copyrighted textbooks or other course materials in their entirety; these actions are a violation of U.S. Copyright Law. Students are limited to “fair use” of such materials. Students found guilty of this action and especially through the use of departmental or faculty codes, will be further disciplined up to and including expulsion in accordance with University policy and procedure. Furthermore, students found guilty of this action are also subject to prosecution under state and federal laws.
3.5 False Information
Students may not furnish false information to the University with the intent to deceive.
3.6 Misuse of University Document
Students may not fabricate, forge, alter, or misuse any University document, record, or instrument of identification (such as a student I.D. card or a meal card). Additionally, students may not misuse financial aid information, including through fraud or abuse.
3.7 False Pretense
Students may not obtain any services or thing(s) of value from the University by false pretenses, nor obligate the University to any service or thing(s) of value without explicit approval of the appropriate University personnel.
3.8 Abuse of Property
Students may not vandalize, destruct, damage, deface, abuse, or misuse public or private property, whether intentionally or by negligence.
3.9 Taking of Property
Students may not steal, embezzle, or misappropriate the property of another, including the property of the University.
3.10 Littering
Students may not litter on University property or while representing the University off-campus.
3.11 Computer Mischief
Students may not manipulate, tamper with, or duplicate any University computer hardware, firmware, software programs, and/or associated documents.
3.12 Misuse of Proprietary Information
Without authorization, students may not use or have access to information, in whatever form, proprietary to the University.
3.13 Worthless Check
Students may not knowingly negotiate or deliver to the University a check or other negotiable instrument with the intent, knowledge, or expectation that there will not be sufficient funds on account with the depository to cover it.
3.14 Unauthorized Entry and/or Trespassing
Students may not, without authority, enter any University property or any University building or structure, or any part thereof, to which access has been restricted. Additionally, students may not enter or remain in vehicles, apartments, houses, fenced yards, roofs, and/or other building areas, including but not limited to areas posted with No Trespassing signs.
3.15 Entry After Warning
Students may not remain upon any University property or in any University building or structure, or any part thereof, after receiving an order by an authorized University official not to enter and/or remain.
3.16 Misuse of University Keys and/or Swipe Cards
Students may not, without authority, use, possess, duplicate, and/or distribute keys and/or swipe cards to any University building or structure, or any part thereof.
3.17 Disruption of University Activity
Students may not intentionally disrupt, obstruct, hinder, or interfere with University sanctioned and/or other lawful activity which takes place on University property or which is sponsored by a University recognized/related group. Faculty may ask a student to leave the classroom if behavior is disruptive or disrespectful. Failure to leave when asked is considered failure to comply with a University official and is subject to discipline under the Code of Conduct.
3.18 Physical Abuse or Violence
Students may not threaten to or undertake any crime involving violence of force or the threatened use of force with respect to a University person anywhere, or with respect to any non-University person on University property or at a University sanctioned activity.
3.19 Harassment
Students may not subject a person to physical contact, direct language, or gestures which are abusive or obscene toward a person, with the intent to harass, annoy, or alarm. Such behavior is not allowed against a University person anywhere, nor toward a non-University person on University property, nor at an activity which is sponsored by the University or by a University recognized/regulated group.
3.20 Disorderly Conduct
Students may not engage in conduct which is disorderly. Additionally, without University authority, students may not engage in behavior which breaches the peace; recklessly disregards others; or poses a risk of public inconvenience, annoyance, or alarm such as by fighting, engaging in violent behavior, making unreasonable noise, obstructing vehicular or pedestrian traffic, or disturbing a lawful assembly. Students may not display or use firearms, explosives, or other weapons on DSU property. Unauthorized and/or illegal possession of weapons is not allowed. Additionally, throwing objects against, into, or onto buildings, structures, person(s), and/or motor vehicles is not allowed.
Firearms and weapons include, but are not limited to: airsoft guns, "BB" guns, dart guns, handguns, paint-ball guns, pellet guns, rifles, shotguns, stun guns or similar devices, bows and arrows, daggers, knives, sabers, and/or swords.
Explosives include, but are not limited to: bombs, fireworks, and/or devices that use flammable liquid enclosed in such a way that such devices can be ignited.
Examples of other weapons not allowed include: dangerous chemicals and fuels, martial arts implements (unless required for academic coursework), and any device or instrument that may be used to inflict bodily harm or damage property.
Kitchen knives are allowed for use within cooking facilities located with residence halls. Items used within reasonable daily activities, such as pocketknives and box cutters, are allowed unless otherwise stipulated in syllabi, leases, or other accepted University documents.
3.21 Indecent Behavior
Students may not engage in lewd, indecent, or obscene behavior which flagrantly flaunts community standards.
3.22 Fire Mischief
Students may not tamper with fire safety equipment, such as fire extinguishers and fire alarm devices, nor set or cause unauthorized fire on University property, at an activity sponsored by the University, or by a University recognized/related group.
3.23 Smoking, Vaping, and Juuling
Smoking, vaping, and juuling are prohibited on all University property.
3.24 Dangerous Instrumentalities
Students may not possess, distribute, or use firearms, ammunition, explosives, fireworks, incendiary devices, or any other dangerous weapons or instruments on University property or at an activity sponsored by the University, or by a University recognized/related group, except as expressly authorized by the University.
State Board Policy 916.1-Weapons: Except as provided by law, firearms and dangerous weapons are prohibited from campus buildings owned or operated by the SBHE, including the eleven institutions.
3.25 Abuse of Controlled Substances
Possession, use, manufacturing, selling, giving away, or other distribution of controlled substances as defined by federal or North Dakota law, is prohibited, except possession or use upon prescription.
3.26 Alcohol Abuse
Commission of any of the following acts relating to possession of or use of alcoholic beverages is prohibited: (a) Possession or consumption of an alcoholic beverage anywhere on University property unless expressly allowed in writing and approved by the University President or designee; (b) Public intoxication; (c) Driving while under the influence of alcohol; and/or (d) Unlawful sale of alcoholic beverages, giving away, or otherwise distributing alcoholic beverages unlawfully.
3.27 Hazing
Participation in any form of hazing will not be tolerated. Hazing, within this Code, is defined as any action taken, requirement or coercive expectation imposed, or situation created by a student organization, its members, or persons associated with the organization, with respect to prospective, trial, or new members or “pledges,” which is hazardous, insulting, humiliating, or abusive; which could reasonably be expected to produce mental or physical discomfort, embarrassment, pain, or injury; or, which violates any law or University regulation.
3.28 Bribery
Students may not offer or agree to confer a thing of value on a University official or student official, with the intent of improperly influencing the action of such official; or, the acceptance of a bribe, which shall mean the solicitation of or agreement to accept a thing of value by a student official with the understanding that the action by such official shall be improperly influenced.
3.29 Animals
Except for disability-related service animals, as addressed by the Americans with Disabilities Act (1990) and its Amendments (2008), and therapy/comfort animals as addressed by the Fair Housing Act, privately owned animals are prohibited inside campus buildings. Animals on public property must be on a leash, under the control of the owner or designee always and may not be left unattended. Owners are responsible for health and safety issues that may arise concerning the presence of these animals on DSU property.
3.30 Sexual Misconduct
Sexual misconduct is the broad term used to describe all prohibited conduct of a sexual nature outlined in this code and the sexual harassment policy. Sexual Misconduct includes dating violence, domestic violence, sexual assault, sexual exploitation, and sexual harassment. Sexual misconduct also includes assault, stalking, and other acts prohibited by the Code when the behavior is based on an intimate relationship and/or actual or perceived gender, gender expression, sex, or sexual orientation.
Retaliation against a person who exercises their rights and responsibilities regarding sexual misconduct is strictly forbidden.
3.31 Sexual Assault
Sexual Assault includes rape, fondling, incest, statutory rape, or any of the sexual offenses listed in N.D.C.C. Ch. 12.1-20 or by the FBI’s Uniform Crime Reporting system.
Rape: Penetration, no matter how slight, of the vagina or anus of the complainant with any body part or object by the respondent, or oral penetration of the complainant by a sex organ of the respondent, without the consent of the complainant.
Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental incapacity.
Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.
Under NDCC Section 12.1-20-07, sexual assault is defined as sexual contact that is: (a) offensive to the victim; (b) perpetrated against an individual with a cognitive or development delays (also referred to as “mental disease or defect”); (c) perpetrated against an unknowingly intoxicated or drugged victim; (d) perpetrated against a victim in official custody by an offender with supervisory or disciplinary authority over the victim; (d) perpetrated against a victim in the custody of a hospital, prison, or other institution and the actor has supervisory authority over that person; (e) perpetrated against a victim that is between the ages of 15-17 and the offender is a parent or guardian; or (e) perpetrated against a victim who is between the ages of 15-17 and the offender is 18 years of age or older. Such behavior is prohibited for and by DSU students.
3.32 Sexual Harassment
Sexual Harassment is the conduct on the basis of sex, constituting one (or more of the following): (a) an employee of the institution conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in welcome sexual conduct; (b) unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity; or (c) sexual assault, dating violence, domestic violence, or stalking as defined.
3.33 Other Acts of Harassment
Harassment is a form of offensive treatment or behavior which, to a reasonable person, creates an intimidating, hostile, or abusive work or learning environment. It may be related to a tenet of diversity. It may also encompass other forms of hostile, intimidating, threatening, humiliating, or violent behavior, which may not necessarily equate to illegal discrimination, but are nonetheless prohibited. Harassment may take the form of verbal or physical behavior: (a) Which relates to an individual’s race, color, national origin, religion, gender, sexual orientation, age, veteran status, and/or disability, when such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working or learning environment; or, (b) Which is derogatory, abusive, disparaging, bullying, threatening, or disrespectful, even if unrelated to a legally protected status. Harassment may also be electronic in nature.
3.34 Stalking
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for their safety or the safety of others; or (b) suffer substantial emotional distress.
3.35 Domestic Violence
Domestic Violence is violence committed by the respondent, who is: (a) a current or former spouse or intimate partner of the complainant; (b) a person with whom the complainant shares a child in common; (c) cohabitating with or has cohabitated with the victim as a spouse or intimate partner; (d) similarly situated to a spouse of the complainant; or (e) any person against whose acts the complainant is protected by N.D.C.C. Ch. 14-07.1. Such behavior is prohibited for and by DSU students.
3.36 Dating Violence
Dating Violence is violence committed by the respondent: (a) who is or has been in a romantic or intimate relationship with the complainant; and (b) where the existence of such a relationship shall be determined by considering the length of the relationship, the type of relationship, and the frequency of interactions between the complainant and respondent. Such behavior is prohibited for and by DSU students.
3.37 Title IX Compliance
Title IX prohibits sex discrimination in education programs and activities. Title IX compliance is separate from the Code. However, students may be held accountable through the Code for misconduct which results in a Title IX investigation. Title IX policies and procedures at DSU are coordinated by the Title IX Coordinator.
More information about Title IX may be found on DSU’s Inclusion and Equity webpage.
Students are encouraged to report incidents or information related to sexual misconduct as soon as possible. Anyone who becomes aware of Title IX complaint or violation should complete and submit the Title IX Report Form
3.38 Violation of University Policy and/or Order
Students may not violate written University policies, rules, and regulations. Additionally, failure to comply with a lawful order or direction of a University official or employee acting in the performance of their authority is considered misconduct.
3.39 Injurious Conduct
Any conduct not specifically stated herein which adversely affects the educational processes of the University or the rights of the members of the University community or others is prohibited.