24. Student Conduct Code (Revised: 2002)
Conduct standards at the university are set forth in writing in order to give students general notice of prohibited conduct. These rules should be read broadly and are not designed to define prohibited conduct in exhaustive terms.
24.1 Definitions. When used in this code:
24.1.1 the term "university or "institution" means Texas A&M University at Galveston.
24.1.2 the term "student" means any person admitted to the university, pursuing undergraduate, graduate, or professional studies, whether full-time or part-time, and who is either currently enrolled or was enrolled the previous semester and registered for a future semester.
24.1.3 the term "university official" means any administrator, instructor, staff member (including, but not limited to, graduate assistants, graduate/assistant/hall director, resident advisors and commanding officer) and other authorized individuals of the university.
24.1.4 the term "university premises" means buildings or grounds owned, leased, operated, controlled or supervised by the university. .
24.1.5 the term "university-affiliated activity" means any activity on or off campus that is initiated, aided, authorized or supervised by the university.
24.2 Violations of the "Basic Rules" and/or University Student Rules may result in disciplinary sanctions as defined in Section 27 of this publication. Any disciplinary sanction imposed by the university may precede and shall be in addition to any penalty that might be imposed by any off-campus authority.
24.3 The following are examples of types of prohibited conduct. This list is not designed to be all-inclusive or exhaustive.
24.3.1 Physical abuse. Attempting or causing injury to an individual. Causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
24.3.2 Sexual Misconduct
220.127.116.11 Sexual assault/rape. Sexual assault is the oral, anal, or vaginal penetration by a sexual organ of another or anal/vaginal penetration by any means against the victim's will or without his/her consent. An individual who is mentally incapacitated, unconscious, or unaware that the sexual assault is occurring is considered unable to give consent. The type of force employed may involve physical force, coercion, intentional impairment of an individual's ability to appraise the situation through the administering of any substance, or threat of harm to the victim. (see Appendix XII)
18.104.22.168 Sexual abuse. Attempting or making sexual contact, including but not limited to inappropriate touching or fondling against a person's will or in circumstances where a person is physically, mentally or legally unable to give consent.
24.3.3 Hazing. Any act which endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Previously relied upon "traditions", whether Corps, fraternity/sorority or other group-related terms, will not suffice as a justifiable reason for participation in such acts, regardless of the intent of such acts, or consent or cooperation of the recipient. Such behavior includes but is not limited to:
Misuse of authority by virtue of one's class rank or leadership position.
Striking another student by hand or with any instrument.
Any form of physical bondage of a student.
Taking of a student to an outlying area and dropping him/her off.
Forcing a student into a violation of the law or a university rule such as indecent exposure, trespassing, violation of visitation, etc.
Any form of "quadding."
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 university officials is also a violation under this section. (see Appendix VI, Hazing.)
24.3.4 Harassment. Conduct (physical, verbal, graphic, written or electronic) that is sufficiently severe, pervasive or persistent so as to threaten an individual or limit the ability of an individual to work, study or participate in the activities of the university.
22.214.171.124 Sexual Harassment
(see Texas A&M University Policy on Sexual Harassment, Sec. 47)
126.96.36.199 Racial and Ethnic Harassment
(see Racial and Ethnic Harassment, Sec. 31)
Any repeated conduct directed specifically at another person that causes that person (or a member of that person's family or household) to fear his/her safety. Such conduct includes following another person and acts that threaten or intimidate another person through fear of bodily injury or death of self or members of that person's family or household or an offense being committed against that person's property.
Harassment of complainant or other person alleging misconduct, including but not limited to intimidation and threats.
24.3.5 Breaching campus safety or security, to include but not limited to:
Unauthorized access to university facilities; intentionally damaging door locks; unauthorized possession of university keys or access cards; duplicating university keys or access cards; or propping open of exterior residence hall doors.
Tampering with fire safety equipment such as extinguishers, smoke detectors, alarm pull stations or emergency exits.
Placement of equipment or vehicles (including bicycles) so as to obstruct the means of access to/from university buildings.
24.3.6 Unauthorized use, possession or storage of any weapon, fireworks or explosive on university premises or at any university-sponsored activity. The term weapon may be defined as any object or substance designed to inflict a wound, cause injury or incapacitate. Weapons may include, but are not limited to, all firearms, pellet guns, slingshots, martial arts devices, spear guns, switchblade knives and clubs.
24.3.7 Illegal drugs and controlled substances. Manufacturing, possessing, having under control, selling, transmitting, using or being party thereto any dangerous drug, controlled substance or drug paraphernalia on university premises or at university-sponsored activities. (see Appendix VII, Texas A&M University at Galveston Drug Rules.)
24.3.8 Alcohol. Drinking or having in possession any alcoholic beverage on campus or at any university sponsored or approved activity where alcohol consumption has not been approved for such activity; and possession and/or consumption by a minor; and public intoxication; and driving while intoxicated. Being present when alcohol is found or being consumed on campus or at an approved activity will be defined as possession and consumption. (see Appendix VIII, Texas A&M University at Galveston Alcohol Rule.)
24.3.9 Theft of public or private property or of services on university property or at university-sponsored activities. This includes knowingly possessing such stolen property.
24.3.10 Destroying, damaging or littering of any property of the university, of another institution or of another person on university premises or at university-sponsored activities, including rigging residence hall door locks so that they do not automatically lock.
24.3.11 Conduct that is disorderly, lewd, indecent or a breach of peace on university premises or at university-sponsored activities.
24.3.12 Disruptive activity. Participation in promoting disruptive activity that would interfere with teaching, research, disciplinary proceedings or other university activities. Such activity may Include, but is not limited to:
Classroom behavior that seriously interferes with either (a) the instructor's ability to conduct the class or (b) the ability of other students to profit from the instructional program. (see Texas A&M University at Galveston Rule on Classroom Behavior, Section 21.)
Activity or conduct which violates the Texas A&M University Rule on Freedom of Expression (see Appendix XI).
24.3.13 Misuse of computing resources. Failure to comply with laws, 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 your password or use of you account. Breach of computer security, harmful access or invasion of privacy. (see Appendix V, Individual Responsibility for Use of Computing Resources.)
24.3.14 Furnishing false information. Forgery, unauthorized alteration or misuse of any document, record or instrument of identification. Also includes withholding material information from the university, misrepresenting the truth before a hearing of the university and making false statements to any university official. The submission of false information at the time of admission or readmission is grounds for rejection of the application, withdrawal of any offer of acceptance, cancellation of enrollment, dismissal or other appropriate disciplinary action.
24.3.15 Failure to comply with the proper and lawful directions of a university official; failure to present identification upon the request of a university official.
24.3.16 Intentionally initiating or causing to be initiated any false report, warning, threat of fire, explosion or other emergency concerning the university and university-sponsored activities.
24.3.17 Action or conduct that hinders, obstructs or otherwise interferes with the implementation of this Discipline Code.
24.3.18 Failure to appear for a university disciplinary proceeding to respond to allegations or to testify as a witness when reasonably notified to do so.
24.3.19 Knowingly violating the terms of any disciplinary sanction imposed in accordance with University Student Rules.
24.3.20 Violation of published university rules. Such rules include residence hall contracts and rules relating to entry and use of university facilities, university motor vehicle rules, rules relating to the use of student identification cards, entry and use of university facilities and dining hall conduct.
24.3.21 Violation of NCAA Regulations.
24.3.22 Violation of any law of the United States, law of the State of Texas or municipal ordinance.
24.3.23 Attempting, aiding, abetting, conspiring, hiring or being an accessory to any act prohibited by this code shall be considered to the same extent as completed violations.
24.3.24 Unauthorized access to or misuse of the campus telephone system to include accessing and/or changing the initial campus greeting, using obscene or otherwise unacceptable language in a student's personal greeting, as well as unauthorized changing of another individual's personal greeting. A student is authorized to access their personal greeting and personal mailbox only.
24.3.25 Unauthorized possession of any key, including pass keys to university residence halls or other university buildings, rooms or locked areas.
24.3.26 Unauthorized swimming, wading or diving in the water adjacent to the Mitchell and Offats Bayou Campuses and any of the university's vessels. The water bounding the Texas A&M University at Galveston campuses is off limits to all personnel for swimming, wading and diving except when authorized and supervised as part of a sanctioned training or recreational activity.
24.4 Bias-Related Violations - Violations of Section 24.3 of this Student Conduct Code that are motivated by prejudice toward a person or group because of factors such as race, religion, ethnicity, disability, national origin, age, gender or sexual orientation may be assessed an enhanced sanction as prescribed in Section 27 of this publication.
24.5 Off-Campus Conduct - When a student violates Section 24.3 of this Student Conduct Code by an offense committed off the campus and which is not associated with a university-connected activity, the disciplinary authority of the university will not be used merely to duplicate the penalty involved for such an act under applicable ordinances and laws. The university will take disciplinary action against a student for such an off-campus offense only when the nature of the offense is such that in the judgment of the Associate Vice President for Student Affairs, the continued presence of the student on campus is likely to interfere with the educational process and the orderly operation of the university.
If the Associate Vice President for Student Affairs determines that the offense affects the university as stated above, he or she or the Superintendent if the student is a cadet on the cruise, shall convene a prompt administrative hearing to consider whether the offense is of such nature as set out above, whether or not the student committed the offense, and take appropriate action. The action of the university hearing shall be made independent of any off-campus authority.