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Student Code of Conduct List of Prohibited Conduct

105. Hazing. Hazing, defined as any action taken or situation created, intentionally or unintentionally, whether on or off campus, to produce mental, physical, or psychological discomfort, embarrassment, harassment, or ridicule; or which threatens the safety of the student, or which 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. Such activities may include, but are not limited to the following: use of alcohol; paddling in any form; creation of excessivefatigue; quests, treasure hunts, scavenger hunts, road trips or any other such activities carried on outside or inside of the confines of the University; wearing of public apparel which is conspicuous and not normally in good taste or perceived humiliating or embarrassing; engaging in public stunts and buffoonery; morally degrading or humiliating games and activities; and any other activities which are not consistent with social club law, ritual or policy or the regulations and policies of McMurry University (see State of Texas hazing law).

106. Failure to Comply. Failure to comply with directions of University officials or law enforcement officer acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.

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107. Unauthorized Use of Facilities. Unauthorized possession, duplication or use of keys to any University premises or unauthorized entry to or use of University premises.

108. Bicycles, Roller Blades, Skateboards and Hover Boards. Riding bicycles, roller blades or skateboards in buildings or left in hallways, staircases, or lounges; unsafe or mischievous cycling, skateboarding or roller blading on campus.

109. Published Policies and/or Federal, State, or Local Laws. Conduct which could be interpreted as a violation of federal, state or local law on University premises or at University sponsored or supervised activities; or violation of published University policies, policies or regulations including, but not limited to, Residence Life policies; or actions not specifically covered that cause disruption of University life or bring embarrassment to the University.

110. Illegal Drugs and Substances. Use, possession, constructive possession, sale, manufacturing, delivery, or distribution of narcotics, drugs, synthetic drugs/substances, medicine prescribed to someone else, chemical compounds, or other controlled substances or drug-related paraphernalia (except as expressly permitted by law) on campus; use of narcotics, drugs, synthetic drugs/substances medicine prescribed to someone else, chemical compounds, or other controlled substances or drug-related paraphernalia (except as expressly permitted by law) before, during, or immediately after an official function of any University organization on or off campus.

111. Alcohol Use and Possession. Use, possession, constructive possession, sale, or distribution of alcoholic beverages on campus; consumption of alcoholic beverages before, during, or immediately after an official function of any University organization on or off campus; public intoxication; and/or possession of alcoholic containers, whether open or closed, full or empty. Alcohol paraphernalia including, but not limited to: shot glasses, funnels, and implements of drinking games.

Constructive possession occurs when a student is in close proximity to prohibited items and a hearing determines that it is reasonable the student(s) was aware of their presence, and those items could have belonged to them and/or were intended to be used/consumed by them. NOTE: Residential students have a responsibility to know what their guests bring into their campus residence and are responsible for prohibited items of which their guests are in possession. If a resident discovers prohibited items, such as alcohol or illegal drugs, belonging to his or her roommate(s) in their shared residence, he or she is expected to report this information to Campus Security or to the Resident Assistant responsible for his or her community.

Medical Amnesty Policy: McMurry University values student health and safety, and creates an environment where every member of the community is encouraged to care for one another. We encourage students to seek medical assistance if their life or one of their fellow students’ lives may be in danger due to alcohol consumption. To seek medical assistance, student should first call 911 and then Campus Security or the RA on Duty for their residence hall.

Students who seek the medical assistance for themselves or another person due to intoxication of alcohol will be given a measure of amnesty from the disciplinary actions typical of an alcohol violation. This amnesty only applies to the Student Code of Conduct and therefore does not protect a student from legal or police action taken by the City of Abilene, if they deem necessary. This policy does not grant amnesty for any other violations of the Student Code of Conduct, even if the policies were violated while the person in question was intoxicated.

In order to invoke amnesty, a student must contact 911, Campus Security, the RA on Duty, or another campus official prior to being discovered in possession of alcohol or publicly intoxicated. They must then meet with an assigned conduct officer and complete any and all educational or intervention measures the officer deems necessary, within the timeframe designated, which may include meeting with a counselor, addiction specialist, and/or follow-up appointments with the hearing officer.

While this policy only applies to individual students, if an organization has been found in violation of the University’s alcohol policy, then the organization’s willingness to seek medical attention for a guest may be viewed as a mitigating factor if or when sanctions are issued.

112. Firearms and Weapons. Possession or use of firearms, paint and/or air guns, fireworks, explosives, other weapons, or dangerous chemicals on University premises, including paint guns.

113. Disorderly and Obscene Conduct. Conduct which is disorderly, lewd, obscene, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in, the University; using a telephone in an annoying, obscene, mischievous or malicious manner; or the wearing of inappropriate or offensive clothing or apparel.

114. Fire Safety Equipment. Tampering with or vandalizing fire warning or fire safety equipment or any other safety devices or equipment.

115. Gambling. Gambling on any University property or any function sponsored by the University.

116. Solicitations. Unauthorized solicitation of merchandise of any sort and posting of unapproved posters and promotional materials on campus without permission from the Conference & Enrichment Services office in the Campus Center.

117. Misuse of Computers and Technology. Abuse of computers, technology, or computer time, including but not limited to: a. Unauthorized entry into a file to use, read, or change the contents, or for any other purpose including reading others email. b. Unauthorized transfer of a file. c. Unauthorized use of another individual’s identification and password. d. Unauthorized access into network files e. Use of computing facilities to interfere with the work of another student, faculty member or University official. f. Use of computing facilities to send, receive, or view obscene or abusive messages or information, including pornography. g. Use of computing facilities to interfere with normal operation of the University computing

system. h. Use of unauthorized wireless routers or mobile hot spots.

118. Abuse of the Judicial System. Abuse of the Judicial System, including but not limited to: a. Failure to obey the summons of a judicial body or University official. b. Falsification, distortion, or misrepresentation of information before a judicial body. c. Disruption or interference with the orderly conduct of a judicial proceeding. d. Institution of a judicial proceeding knowingly without cause. e. Attempting to discourage an individual’s proper participation in, or use of, the judicial system. f. Attempting to influence the impartiality of a member of a judicial body prior to, and/or during the course of, the judicial proceeding. g. Harassment (verbal or physical) and/or intimidation of a member of a judicial body and/or judicial system prior to, during, and/or after a judicial proceeding. h. Failure to comply with the sanction(s) imposed under the Student Code of Conduct or probation violation. i. Influencing or attempting to influence another person to commit an abuse of the judicial system.

119. Verbal Abuse. Verbal abuse such as threats, intimidation, harassment, coercion, epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments, and/or other verbal conduct which threatens or endangers the health or safety of any person.

120. Sexual Violence and/or Sexual Misconduct. Sexual violence refers to a broad range of physical sexual acts perpetrated without a person’s consent, including where a person is incapable of giving consent due to an intellectual or other disability or to the victim’s use of drugs or alcohol. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment when they occur on campus or when students experience the continuing effects of off-campus sexual harassment in the educational setting.

121. Stalking. Stalking is engaging in a pattern of threatening conduct that would cause a reasonable person to fear for his or her own safety; the safety of a family member; the safety of someone the person is dating; or the safety of property belonging to any of those persons. Stalking violates the university’s code of conduct and is a felony under Texas law. Stalking may also be a form of sexual harassment when it occurs on campus or when students experience its continuing effects in the educational setting.

122. Dating Violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

123. Tobacco. Conduct which can be interpreted or is a violation of the McMurry University Smoking and Tobacco Use Policy.

University Housing Policies and Regulations

The following regulations are intended as a statement of general principles and not as an all-inclusive list. RESIDENTS ARE EXPECTED TO USE COMMON SENSE, GOOD JUDGMENT, AND COURTESY IN GOVERNING THEIR ACTIONS. In addition to regulations stated herein, each residence hall may have its own set of specific policies that each resident is expected to learn, know, and follow.

Policy violations are referred to the Dean of Students & Campus Life, Director of Residence Life & Housing or other designated hearing officer for adjudication.

UNIVERSITY HOUSING POLICIES McMurry University Revised July 2014

201 Tampering/Unauthorized Access 208 Room Safety

202 Dangerous or Unsafe Items

203 Pets

204 Street Signs

205 Hazardous Materials 209 Inconsiderate Behavior

210 Hall and/or Room Damage

211 Unauthorized Room Change/Checkout

212 Decorations

206 Cooking

207 Guest Visitation 213 Fire Safety and Equipment

214 Noise

Contact the Resident Director or the Resident Assistant for additional clarification on any of these policies.

201. Tampering/Unauthorized Access. Tampering with facilities, doors, locks, bathroom equipment, and/or electrical, telephone, or cable outlet boxes or wiring and/or unauthorized access to balconies, roofs, and secured areas.

202. Dangerous or Unsafe Items. Dangerous or unsafe items in the room, such as: incense or candles (burned or unburned), halogen lamps, toasters, hotpots, grills, hot plates, fryers, ovens, other cooking devices or excessive extension cords. Coffee pots and popcorn poppers are permissible.

203. Pets. Pets (excluding small fish and aquariums, and trained animals for disabilities) are not permitted in the residence halls. Emotional Support Animals (ESAs) that have not been approved by the Office of Residence Life and Office of Disability Services will be considered “pets” for purposes of this policy if found within the residence halls and/or campus apartments.

204. Street Signs. Possession of street signs, highway markers, and other official markers in the residence hall. Possession of official markers is illegal in the Texas Penal Code as well as in many city ordinances.

205. Hazardous Materials. Use of the residence hall or room to store flammables and/or repair of or storage of motorcycles or engines.

206. Cooking. Cooking in the room. All halls have kitchens and microwaves available for use by residents.

207. Guest Visitation. Failure to register or escort guest in the hall; visitation during restricted hours; and/or inappropriate or inconsiderate behavior during visitation.

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