IV. Non-Academic Student Code of Conduct

The university is a community of scholars and learners, and, therefore, all participants are expected to conduct themselves in a manner that: 1) facilitates the institution’s pursuit of its educational objectives; 2) exhibits a regard for the rights of other members of the academic community; and 3) contributes to the maintenance of a healthy learning environment. Through appropriate due process procedures, conduct action will be taken in response to behavior that violates these principles. The Office of Student Engagement supports the academic mission of the university by protecting the rights of all members of the university community and by promoting civility, integrity, responsibility, openness, mutual respect and justice by enforcing community standards.

As used in this policy, “non-academic misconduct” includes, but is not limited to student behavior on campus or behavior while a student is participating in a university sponsored activity off campus. Incidents of student misconduct are subject to the university’s non-academic conduct process. UAB students who commit an offense off-campus, while involved in non-university sponsored activities may also be subject to the non-academic conduct process, notwithstanding the fact that such conduct may be subject to legal process, as well.

It is the responsibility of each student to become familiar with these regulations. Anyone may file a formal complaint against a student or student organization alleging a violation(s) of the Non-Academic Student Code of Conduct or related university regulation or policy. Non-Academic misconduct may include, but is not limited to the following:


    1. Disruption or obstruction of, or interference with any university activity, including the teaching, research, administrative, or other public service functions, on or off campus, or other authorized non-university activities, when the act occurs on university premises.
    2. Failure to comply with reasonable directions by university officials or law enforcement officers, or failure to provide identification to any properly identified UAB administrator, faculty or staff person while that person is in the performance of his or her duties. This includes failure to fulfill any sanction(s) assigned as a result of a non-academic conduct hearing.
    3. Threatening or causing physical harm, verbal abuse, intimidation, coercion, retaliation, bullying or other conduct which threatens or endangers the health and safety of any member of the student body, faculty, staff, group or visitor to the university.
    4. Intimate partner abuse is any act of violence or threatened act of violence against a person with whom the individual is or has been involved in a sexual or dating relationship. This includes threats, assault, property damage, and violence or threat of violence to one’s self or to the family members of the sexual or romantic partner when used as a method of coercion, control, punishment, intimidation or revenge.
    5. Harassment. Violations include, but are not limited to:
      1. Any act, display, or communication that would cause a reasonable person to fear for his or her personal safety. This includes, but is not limited to, physical coercion and/or restraint.
      2. Any act, display or communication that causes substantial injury and/or distress on the part of the person or persons to whom it is specifically directed that results in the individual being deprived of educational activities or opportunities.
      3. Any attempt to willfully and repeatedly make contact with a person over his/her stated objections, when such contact serves no legitimate purpose.
    6. Stalking, defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the university community; or the safety of any of the immediate family of members of the university community.
    7. Sexual misconduct offenses include, but are not limited to: sexual harassment, non-consensual sexual contact (or attempts to commit same), non-consensual sexual intercourse (or attempts to commit same) and sexual exploitation.
A.    Sexual harassment is unwelcome, sex or gender-based verbal or physical conduct that is, sufficiently severe, persistent or pervasive that it, has the effect of unreasonably interfering with, denying or limiting someone’s ability to participate in or benefit from the university’s education program and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

B.     Non-consensual sexual contact is any intentional sexual touching, however slight, with any object, by a person upon a person that is without consent and/or by force. Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

C.     Non-consensual sexual intercourse is any sexual intercourse, however slight, with any object, by a person upon a person that is without consent and/or by force. Intercourse includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

D.    Sexual exploitation occurs when a student takes a non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to: invasion of sexual privacy; prostituting another student; non-consensual video or audio taping of sexual activity; going beyond the boundaries of consent; engaging in voyeurism; knowingly transmitting an STI or HIV to another student; exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals; sexually based stalking and/or bullying may also be forms of sexual exploitation.

See UAB Equal Opportunity and Discriminatory Harassment Policy.
See
Sexual Assault Guide.
See
Sexual Harassment Guide.

    1. Conduct that is disorderly, lewd, indecent, or a breach of peace.
    2. Illegal use, possession, sale, attempted sale, cultivation, manufacture, distribution or dispensing of any state or federally controlled drug or substance, or drug paraphernalia.
      (See
      UAB-wide policy)
    3. Public intoxication and/or the illegal consumption, possession, sale, attempted sale, manufacture, distribution or dispensing of alcoholic beverages.
      (See
      UAB-wide policy)
      (See also
      Medical Amnesty Policy)
    4. The attempted or actual theft of and/or damage, misuse, or malicious destruction to property belonging to the university, visitors to the university or to any member of the university community. This includes knowingly possessing stolen property.
    5. Possessing, using, carrying or storing firearms, ammunition, explosives, fireworks, weapons of any kind, or dangerous chemicals 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 pain, or to incapacitate.
      (See
      UAB-wide policy)
    6. Gambling, including unlawful games of chance for money or anything of value and the sale, or other disposition of a ticket, order, or any interest in a scheme of chance by any name.
    7. Unauthorized attempted or completed entry into or use of any university building, facility, room, vehicle, equipment, or area without reservations through the appropriate university authorities.
    8. Forgery, alteration, fabrication or misuse of university forms, documents, records, keys, or instruments of identification. This includes withholding material information from 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 non-academic conduct action.
    9. The operation on campus of student organizations not properly recognized and registered.
    10. Behavior during a non-academic conduct hearing involving contemptuous, disrespectful or disorderly behavior, or the giving of false testimony or other evidences at any hearing.
    11. Failure to appear for a university non-academic conduct proceeding to respond to allegations of a conduct code violation or to appear as a witness when reasonably notified to do so. This includes non-academic conduct hearings and investigations.
    12. Knowingly violating the terms of an official conduct sanction.
    13. Failure to follow established rules and regulations.
    14. Hazing or any action taken or situation created that endangers the mental or physical health or safety of any person within the university community, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition of continued membership in a group or organization.
    15. Intentionally and substantially interfering with the freedom of expression of others on university premises or at university sponsored activities.
    16. The unauthorized use of UAB property and resources for personal gain.
    17. Violation of the UAB Information Technology Computer Policy. Failure to comply with laws, license agreements and contracts governing network, software and hardware use; abuse of communal resources, failure to protect your password or use of your account, and breach of computer security, harmful access or, invasion of privacy.
      (See
      IT Policies)
    18. Unauthorized electronic or digital recording.
    19. Unauthorized use, alteration or in any way tampering with fire equipment, safety devices or safety equipment.
    20. 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.
    21. Complicity. Presence during any violation of university policy in such a way as to condone, support, or encourage that violation. (NOTE: Students who anticipate or observe a violation of university policy are expected to remove themselves from the situation and are encouraged to report the violation.)
    22. Other behaviors which are inappropriate in an educational environment.