Prohibited Conduct

1. Abuse of Campus Access: Students shall not abuse their access to Campus by engaging in any of the following:

a. Unauthorized entry to, or use of, University facilities, property, or resources; or

b. Misuse of University or personal property to create a safety hazard, or unauthorized use of safety equipment.

2. Abuse of computer facilities: Abuse of computer facilities and resources is prohibited, namely:

a. Unauthorized access or transfer of an electronic file or files;

b. Unauthorized use of another individual’s identification or password;

c. Use of computing facilities and resources to materially interfere with the work of another Student, faculty member, or University Official;

d. Sending a large volume of unsolicited emails and other data with the intent to severely impair the functionality of the University’s computer network;

e. Repeated use of the University network to send unsolicited emails with the primary purpose of proposing a commercial transaction; or

f. Use of computing facilities and resources to knowingly share copyrighted materials in violation of state or federal law;

g. Any violation of the University’s policy on using technology resources.

3. Abuse of Student Conduct System: Failure to participate in the proceedings in good faith, including misrepresentations to a Student Conduct Administrator; interference with an orderly Hearing or other proceeding; attempting to discourage another individual from participating in the Student conduct system; attempting to influence the impartiality of a Hearing Officer or panelist prior to, and/or during the course of, a proceeding; influencing or attempting another person to abuse the Student conduct system; and failure to comply with sanctions imposed under the Code.

4. Alcohol Use: Consumption, possession, distribution, manufacture, sale, and serving alcoholic beverages on University premises or at University-sponsored activities is prohibited, regardless of age, unless permitted by a University policy.

5. Public Intoxication: Appearing in a public place manifestly under the influence of alcohol or a controlled substance to the degree that the person is likely to endanger themselves or another person or property.

6. Antisemitic behavior: Antisemitic behavior, including harassment and discrimination by students against Jewish people that is motivated by antisemitic intent. Harassment or discrimination that is motivated by or includes antisemitic intent by a student is prohibited and shall be treated in the same manner as any other form of discrimination prohibited by state law, federal law, or campus policies.

7. Deception: Deception is deliberately deceiving any University official, faculty member, or administrative officer by knowingly providing false information in connection with the discharge of the person’s duties. Deception includes filing false reports or giving false information in connection with a misconduct proceeding. However, a determination regarding responsibility alone is not sufficient to conclude that any Party has made a materially false statement in bad faith.

8. Discrimination: Discrimination is taking an adverse action against any member of the Campus Community or visitor, or in connection with any University-Sponsored Activity, through behavior of a biased or prejudicial nature related to an individual’s legally protected status or characteristic (such as race, color, national origin, sex, marital or parental status, religion, disability, age, genetic information, or veteran status). Discrimination occurs when the adverse action results in an individual suffering less favorable treatment than others because of a protected status or characteristic.

9. Discriminatory Harassment: Discriminatory harassment on the basis of a legally protected status or characteristic (such as race, color, national origin, sex, marital or parental status, religion, disability, age, genetic information, or veteran status) is prohibited. Sex-based harassment (including sexual assault) is a particular type of discrimination that is covered by the University’s separate Title IX grievance procedures. Discriminatory harassment includes unwelcome conduct based on an individual’s legally protected status or characteristic that is sufficiently severe and/or pervasive that, based on the totality of the circumstances and evaluated subjectively and objectively-denies or limits a person’s ability to participate in or benefit from the University’s education program or activity (i.e., creates a hostile environment).

10. Disorderly Conduct: Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on campus or at a University-Sponsored Activity. Disorderly conduct includes any violation of Ark. Code Ann. § 5-71-207. Fighting words─intimidating speech directed at a specific individual in a face-to-face confrontation that is likely to provoke a violent reaction not protected speech and may be disciplined as disorderly conduct.;

11. Disruption of University Operations: Disrupting the normal operations of the University, or inciting others to do so, is prohibited. Students shall not intentionally disrupt any of the following activities:

a. Teaching or research;

b. Administrative functions;

c. Disciplinary proceedings;

d. Other University-Sponsored Activities (on or off Campus); or

e. Other authorized or permissible activities that take place on Campus.

12. Drug Use: The act or intent to illegally use, possess, sell, distribute, cultivate, or manufacture any state or federally controlled substance or paraphernalia. Inhaling or ingesting any substance that will alter a Student’s mental state is also prohibited, unless done pursuant to a valid prescription. The possession and/or use of marijuana (even for medicinal purposes) on campus is prohibited.⁷

13. Misuse of Prescription Medication: Use or possession of prescription medication other than for the person prescribed, and/or use other than the prescribed purpose.

14. Endangering Health, Safety, or Privacy: Intentionally endangering the health, safety, or privacy of others is prohibited, including:

a. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals;

b. Unnecessarily placing oneself or others in danger of physical harm; or

c. Physical assault of another person.

15. Failure to Comply: Students shall comply with lawful directions from University Officials or law enforcement officers acting in the good faith performance of their duties and shall identify themselves to these persons when requested to do so.

16. False Reports: Deliberately giving a false report of a crime or emergency to a University Official, including a campus law-enforcement officer.

17. Fire Safety Violation: Misuse or unauthorized use of fire extinguishers, safety equipment, warning devices (including fire alarms, fire equipment, fire chairs, or escape mechanisms and elevators).⁸

18. Forgery: Forgery is the false making or material alteration of a University document, record, or form of identification.

19. Gambling: Gambling for money or other things of value on campus or at a University-Sponsored Activity except as permitted by law.

20. Hazing: Students may not engage in hazing or encourage, aid, or assist any person in hazing.⁹ In addition, Students shall not knowingly acquiesce in the commission of hazing or fail to report promptly his or her reasonable knowledge or any reasonable information within his or her knowledge of the presence and practice of hazing to an appropriate University Official. Hazing means:¹⁰

a. A willful act on or off the property of the University by one Student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others when the conduct is directed against any other Student and done for the purpose of intimidating the Student attacked by threatening him or her with social or other ostracism or of submitting such Student to ignominy, shame, or disgrace among his or her fellow Students, and acts calculated to produce such results;

b. The playing of abusive or truculent tricks on or off the property of the University by one Student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others, upon another Student to frighten or scare him or her;

c. A willful act on or off the property of the University by one Student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others which is directed against any other Student done for the purpose of humbling the pride, stifling the ambition, or impairing the courage of the Student attacked or to discourage him or her from remaining in that school, college, university, or other educational institution, or reasonably to cause him or her to leave the institution rather than submit to such acts; or

d. A willful act on or off the property of the University by one Student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim; or to do or seriously offer, threaten, or attempt to do physical violence to any Student of any such educational institution; or any assault upon any such Student made for the purpose of committing any of the acts, or producing any of the results, to such Student as defined in this section.

e. The term “hazing”

i. Does not include customary athletic events or similar contests or competitions; and

ii. Is limited to those actions taken and situations created in connection with initiation into or affiliation with an organization, extracurricular activity, or sports program.

21. Intimidation: Intimidation is physical conduct threatening specific individual(s) with the intent to place those individuals in fear of bodily harm or death (as construed by a reasonable person), and in which the person engaging in the communication must have, at least, acted recklessly when he or she conveyed the threat to another.

22. Obstruction: Impeding the free flow of pedestrian or vehicular traffic on University premises or at University-Sponsored Activities.

23. Stalking (other than stalking as a form of sex-based harassment covered under Title IX): Stalking is (1) a course of conduct committed with an intent to kill, injure, harass, or intimidate another person that (2) places that person in reasonable fear of death of, or serious bodily injury to (3) that person, an immediate family member, a spouse, or an intimate partner of that person or (4) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person listed above.

24. Theft, vandalism, and destruction: Theft, attempted theft, unauthorized possession of University property, vandalism, and destruction of property owned by the University or any other person or group are prohibited.

25. Tobacco Use: The use of any tobacco product on campus is prohibited.¹¹ The tobacco-free environment includes all University property.¹² Electronic cigarettes are also prohibited.

26. True Threats: A true threat is (1) a serious expression of intent to commit an act of unlawful violence against a particular individual or identifiable group, if (2) the individual or group would reasonably fear the threatened violence, and (3) in which the person engaging in the communication must have, at least, acted recklessly when he or she conveyed the threat to another.

27. Weapons: Possessing, using, or storing firearms, explosives (including fireworks), weapons, or dangerous chemicals on University property or in the course of any University-Sponsored Activity is prohibited. This prohibition extends to stun guns, tasers, brass knuckles, and pocketknives longer than four inches. Exceptions include:

a. Weapons possessed by a licensed law enforcement officer and directly related to their current professional position;

b. Weapons, replicas, or related items for educational or ceremonial purposes, approved in advance of the event by the Chancellor or Dean of Students;

c. Weapons possessed or used for purposes of authorized firearms competitions sponsored or hosted by the University;

d. Firearms locked inside a vehicle;¹³ and

e. Weapons possessed lawfully under Ark. Code Ann. § 5-73-322 regarding the carrying of concealed handguns on university campuses.

28. Violation of Law: A violation of any Arkansas state and/or federal criminal law is prohibited.

29. Misconduct Abroad: Any Student who undertakes study or represents the University in any foreign country remains subject to this Code. The University retains discretion as it considers appropriate to apply disciplinary action under the Code if a Student violates any law, rule, or regulation in that country or any institution where that Student undertakes study.

30. Retaliation: The University prohibits retaliation as defined in Section 2. Prohibited retaliation includes (but is not limited to):

a. Initiating a disciplinary process against a person for a violation that does not involve sex discrimination but arises out of the same facts and circumstances as a Complaint or information reported about possible sex discrimination, for the purpose of interfering with the exercise of any right or privilege secured by Title IX; or

b. Peer retaliation, which is retaliation by a Student against another Student.

31. Incorporation of Other Rules: This Code incorporates all other rules regarding Student conduct contained in University policies. A violation of the rule constitutes a violation of this Code.

^{7 Ark. Const., amend. 98, § 6(a)(2)(B)}

^{8 Ark. Code Ann. §§ 5-38-301 to § 5-38-302}

^{9 Ark. Code Ann. § 6-5-202}

^{10 Ark. Code Ann. § 6-5-201}

^{11 Ark. Code Ann. §§ 6-60-701 to 6-60-705}

^{12 Ark. Code Ann. § 25-17-301}

^{13 Ark. Code Ann. § 5-73-119(e)(12)(A)}