Prohibited Conduct



Scope: Who is covered by this Policy?

Undergraduate Students, Graduate Students and Student Organizations

Policy

Miami University considers the following conduct unacceptable. This list is intended to clarify behavior that is not permitted. Additionally, Miami University encourages students to live by the Code of Love and Honor and to go above and beyond simply avoiding the prohibited conduct listed below.

Abuse of Technology

  1. Violation of the Responsible Use of Computing Resources Policy.
  2. Any unauthorized use of electronic or other devices to make an audio or video record of any person while on University premises without his or her prior knowledge, or without his or her effective consent when such a recording is reasonably likely to cause injury. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, classroom, or restroom.

Alcohol Violations

  1. Use or possession of alcohol except as expressly permitted by law or University policies, rules, or regulations. This includes, but is not limited to, the underage possession or consumption of alcohol as well as public intoxication. 

  2. Furnishing alcohol to any person under 21.

  3. Permitting any person under 21 to consume alcohol in one’s residence.

The University may notify by email or regular U.S. mail the parents of students under the age of 21 who have been found responsible for violating the Code of Student Conduct regarding the use or possession of alcohol or drugs.

Complicity

Conspiracy to commit, solicitation of another to commit, aiding or abetting the commission of, or attempting to commit any violation of this Code.

This includes, but is not limited to, being present in a residence hall room or with a group of persons where the prohibited use of alcohol or drugs is occurring

A student who after having a hearing for any violation of this Code is found not responsible may be found responsible for a violation of the section of the policy “Complicity” policy.

Damage and/or Theft of Property

  1. Intentional or negligent conduct that results in damage (including tampering or defacing) of property of the University or of any other person or entity.
  2. Taking the property or services of the University or of any other person or entity without consent.

Discrimination/Harassment

Discrimination or harassment in University education programs on the basis of age, color, disability, gender identity or expression, genetic information, military status, national origin (ancestry), pregnancy, race, religion, sex/gender, status as a parent or foster parent, sexual orientation or protected veteran status (See the “Policy Prohibiting Harassment and Discrimination”).

Note: Reports of Sexual Harassment are addressed under the section of this policy titled “Sexual Harassment.”

Dishonesty

  1. Misuse or falsification of university or related documents by actions such as forgery, alteration, or improper transfer (including a student ID card).
  2. Submission of information to a University faculty or staff member known by the student to be false, such as knowingly making a false accusation of misconduct or knowingly reporting a false emergency.

If the student has been found responsible for a previous act of academic dishonesty or for previously violating the Dishonesty section of the Code of Student Conduct, the minimum sanction will be suspension for a minimum of either fall or spring semester and may also include summer or winter term (Note that a student may not be suspended solely for either summer and/or winter term).

Disorderly Conduct

  1. Conduct that is disorderly, indecent or that breaches the peace.
  2. Disorderly or disruptive conduct that unreasonably interferes with university activities or with the legitimate activities of another.

Drug Violations

  1. Unlawful possession and/or consumption of any controlled substance or drug except as expressly permitted by law; lawful possession or consumption of medical marijuana is prohibited on campus.
  2. Possession of drug related paraphernalia except as expressly permitted by law.
  3. The abuse, misuse, sale, or distribution of prescription or over the counter medication.
  4. The use, offer for sale, sale, distribution, possession, or manufacture of chemicals, products, or materials for the purpose of use as an intoxicant except as expressly permitted by law.

The University may notify by email or regular U.S. mail the parents of students under the age of 21 who have been found responsible for violating the Code of Student Conduct regarding the use or possession of alcohol or drugs.

Endangering Health or Safety

Taking or threatening action that endangers the safety, physical or mental health, or life of any person, or creates a reasonable fear of such action.

Failure to Comply

Failure to comply with the directions of law enforcement, emergency personnel, or authorized University officials, including failure to identify oneself when requested or violation of a no contact order or directive issued by Miami University.

Hazing

Doing, requiring or encouraging any act, whether or not the act is voluntarily agreed upon, in conjunction with initiation or continued membership or participation in any student organization, athletic team, or other student group or activity, that causes or creates a substantial risk of causing mental or physical harm or humiliation. Failure to intervene, prevent or report any act of hazing may also constitute a violation.

Note: Because of Miami University’s commitment to maintaining an environment free from hazing, mandatory minimum penalties will be imposed upon a finding of violation of this policy.

Interfering with a University Function

Actions that interfere with, obstruct, or disrupt University functions. 
  1. University functions, on or off campus, include but are not limited to teaching, research, administration, disciplinary proceedings, University programs or activities, public safety, and public service functions.
  2. This prohibition also extends to non-university functions when held on University premises. (See the "Right of Expression of Students" policy guaranteeing the right of expression of students).

Possessing/Providing False Identification

  1. Possession, use, and/or attempted use of false identification.
  2. Manufacture, distribution, or sale of false identification.

Retaliation

Any adverse action taken by a student or student organization against a person who has filed a report, served as a witness, assisted, or participated in any investigation or in any University proceeding.

This protection against retaliation extends to any person who opposes acts of sexual harassment or discrimination, sexual misconduct, domestic violence, dating violence, or stalking, or who testifies, assists, or participates in any manner in an investigation, proceeding, or hearing relative to harassment or discrimination.

Sexual Misconduct Prohibited by Title IX and University Policy

A. Title IX Sexual Misconduct Violations

To constitute a Title IX sexual misconduct violation, the misconduct must have occurred:

  1. Within the geographical territory of the United States of America; and
  2. While the complaint was participating in or attempting to participate in an educational program or activity of the University, including locations, events or circumstances in which the University exercised substantial control over both the respondent and the context in which the misconduct occurred and includes any building owned or controlled by a recognized student organization ( e.g. fraternity house).

B. Sexual harassment

Conduct on the basis of sex, including gender, gender identity or expression, or sexual orientation, that meets one of the following:

  1. An employee of Miami University conditioning the provision of an aid, benefit, or service of Miami University on an individual’s participation in unwelcome sexual conduct;
  2. Unwelcome conduct that a reasonable person would determine to be so severe and pervasive and objectively offensive that it effectively denies a person equal access to the University’s education programs or activities; or
  3. Cyber-Harassment- the use of the internet, email, or other electronic communications to harass a person on the basis of their sex, including communication a threat of harm.

C. Sexual Assault

Any sexual act directed against another person without their consent, including instances where the person is incapable of giving consent. 

  1. Non-consensual sexual intercourse, any sexual penetration however slight, with any body part or object by any person upon any person without consent (commonly referred to as rape.) Non-consensual sexual intercourse includes rape, incest and statutory rape.
  2. Non-consensual sexual contact, any intentional sexual touching, with any body part or object by any person upon any person without consent including forcible fondling. Non-consensual sexual contact includes the touching of any body part for sexual gratification, without consent or where the person is incapable of giving consent because of age or temporary or permanent mental incapacity.

D. Dating violence

An act of violence committed by a person who is or has been in a social relationship of an intimate or romantic nature with the victim. The existence of such a relationship shall be determined based on consideration of the following factors:

  1. Length of relationship.
  2. Type of relationship.
  3. Frequency of interaction between the persons involved in the relationship.

E. Domestic violence

An act of violence committed by a current or former spouse or intimate partner of the victim or a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner or person similarly situated, or by a parent with whom the victim shares a child in common.

F. Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. Stalking includes repeatedly following, harassing, threatening or intimidating another by telephone, mail, electronic communication, social media or any other action, device or method that purposely or knowingly causes substantial emotional distress or reasonable fear of bodily injury or death. For the purpose of this definition:

  1. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly or through third parties, by any action, method, device or means follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property.
  2. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
  3. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.

Sexual Misconduct Prohibited by University Policy

A. Non-Title IX Sexual Misconduct

Non-Title IX sexual misconduct need Not have occurred:  

  • Within the geographical territory of the United States of America; or
  • While the complaint was participating in or attempting to participate in an educational program or activity of the University, including locations, events or circumstances in which the University exercised substantial control over both the respondent and the context in which the misconduct occurred and includes any building owned or controlled by a recognized student organization ( e.g. fraternity house).

B. Sexual Harassment

Unwelcome conduct on the basis of sex, including gender, gender identity or expression, or sexual orientation, that is sufficiently severe or pervasive to adversely impact a term or condition of a person’s ability to participate in the University’s educational programs or activities.  Sexual harassment includes conduct that unreasonably interferes with a person’s work performance or creates an intimidating, hostile or offensive working, learning or living environment

C. Sexual Assault

Any sexual conduct directed against someone without that person’s consent. This includes non-consensual sexual intercourse or other sexual contact//touching.

D. Sexual exploitation

Taking non-consensual, unjust or abusive sexual advantage of another person.  Examples include ono-consensual recording of sexual activity, going beyond the bounds of consent (e.g., allowing another to surreptitiously watch otherwise consensual sexual activity).

E. Indecent exposure

The exposure of the private or intimate parts of the body in a lewd manner in public or in private when the respondent may be readily observed.

F. Dating Violence, Domestic Violence, and Stalking

As defined in Sexual Misconduct Prohibited by Title IX and University Policy, D-F

Definition of Consent

Consent is when a person agrees or gives permission to another person to engage in certain sexual acts.

  • Consent is a knowing, and voluntary verbal or non-verbal, agreement between both parties to participate in each and every sexual act.
  • Consent to one sexual act does not imply consent to other or all sexual acts.
  • Conduct will be considered “non-consensual” if no clear consent, verbal or non-verbal, is given. The absence of “no” does not mean “yes.”
  • A person has the right to change one’s mind at any time. In other words, consent can be withdrawn at any point, as long as the person clearly informs the other party of the withdrawal.
  • Taking drugs or consuming alcohol does not relieve the obligation to obtain consent.
  • A person is not required to physically or otherwise resist an aggressor.

Effective Consent

  • Effective consent can be given by words or actions so long as the words or actions create a mutual understanding between both parties regarding the conditions of the sexual activity. Ask: “Do both of us understand and agree regarding the who, what, where, when, why, and how this sexual activity will take place?”
  • When a person affirmatively demonstrates that:
  • (1) they do not want to have sex,
  • (2) they want to stop any sort of sexual act or
  • (3) they do not want to go any further, the other party must stop completely. Continued pressure after that point can be coercive.

Consent in Relationships

  • Current or past sexual relationships or current or past dating relationships are not sufficient grounds to constitute consent.
  • Regardless of past experiences with other partners or a current partner, consent must be obtained.
  • Consent can never be assumed, even in the context of a relationship. A person has the right to say “no” and has the right to change their mind at any time.
  • A person cannot legally give consent (no matter what they might say) when:
    • The person is substantially impaired due to alcohol or drugs, incapacitated or unconscious.
    • The person’s ability to resist or consent is substantially impaired because of a physical or mental condition.
    • The person was coerced due to force, threat of force or deception or when the person was beaten, threatened, isolated or intimidated.

Copies of the Sexual Misconduct Protocol for Students are available in the Office of Community Standards, Women’s Center, Dean of Students Office, the Miami University Police Department, the Oxford Police Department, and the Sexual Assault Prevention Program Office. For additional information see Appendix A.

A respondent who, after having a hearing, is found not responsible for Sexual Misconduct Prohibited by Title IX may be found responsible for Sexual Misconduct Prohibited by University Policy or Endangering Health or Safety.

Trespass or Unauthorized Use of Facilities

  1. Unauthorized entry or attempted entry, forcible or not, into any facility.
  2. Unauthorized use of University property for personal gain.
  3. Use of University property for any activity prohibited by federal, state, or local law or this Code.

Unauthorized Use of University Keys or Access Cards

The unauthorized use, distribution, duplication, or possession of any access device including keys or access cards issued for any University building, laboratory, facility, or room.

Violation of Law

Conduct that would constitute a violation of federal, state, or local law.

Violation of Regulations for On-Campus Living

Conduct that would constitute a violation of Miami University’s Regulations for On-Campus Living.

Violation of Sanctions

  1. Violation of any terms of disciplinary restrictions, probation, or suspension. 
  2. Failure to satisfactorily complete sanctions.
  3. Violation of a mediated resolution agreement. 

Violation of University Policy

Conduct that would constitute a violation of any University policy and/or procedure.

Weapons

  1. Storage, possession, or use of a dangerous weapon, device, or substance including, but not limited to: firearms, explosive devices, dangerous chemicals, knives, fireworks, compressed air guns, pellet guns, stun or zip guns, Tasers, BB guns, and paintball guns, unless authorized by the Miami University Police Department, even if otherwise permitted by law. The possession of pepper spray for personal protection is permitted. Misuse of pepper spray in a manner that causes or threatens serious harm to the safety or security of others.
  2. As required by Ohio Revised Code Section 2923.1210, this section does not prohibit a student who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition when both of the following conditions are met:
    1. Each firearm and all of the ammunition remains inside the person’s privately owned motor vehicle while the person is physically present inside the motor vehicle, or each firearm and all of the ammunition is locked within the trunk, glove box, or other enclosed compartment or container within or on the person’s privately owned motor vehicle;
    2. The vehicle is in a location where it is otherwise permitted to be.

Related Form(s)

Not Applicable.


Additional Resources and Procedures

Websites

The Miami Bulletin-General Edition


FAQ

Not Applicable.


Policy Administration

Next Review Date

7/1/2023

Responsible Officer

Director, Office of Community Standards

Legal Authority

Ohio Revised Code 3345.21

Compliance Policy

Yes

Revision History

 Amended July 2018; Amended July 2019; Amended August 2020

Reference ID

Student Handbook 2.1

Reviewing Bodies

  • Student Life Council
  • Administrative