IV. Disorderly Conduct/Unacceptable Behavior
This University has always created an environment for raising challenging questions and the discussion of significant issues. There is perhaps none more significant than the challenge and issue of free speech. Our residence and dining halls exist to complement the educational mission of an institution of higher learning. Our expectations and standards of acceptable behavior are reflective of our purpose. Violating these provisions can lead to immediate removal from the residence halls:
A. Disruptive Behavior.
Any behavior or action, physical or verbal, in which the mode of expression is lewd, obscene, indecent and plainly offensive irrespective of its content or viewpoint. Verbal abuse, intimidation, coercion or bullying which is sufficiently severe, persistent pervasive so as to interfere with or limit a student's ability to participate or benefit from the educational services, activities, activities or opportunities offered by the institution, including, but not limited to, that which constitutes discrimination or harassment relating to race, gender, sexual orientation, religion, disability, or any other protected class.
B. Threatening Behavior.
Threatening behavior, whether written, verbal or physical to others or self.
C. Sexual Harassment.
Any form of sexual harassment or coercion, any non consensual sexual contact, including date or acquaintance rape.
D. Physical Violence.
Any use of force or physical violence.
Trespassing, entering or remaining in any room or location without the resident's or staff's permission.
Any behaviors or actions, which demonstrate an inability to abide by the requirements for group living.
The two (2) exceptions to speech (expression which may be restricted) are: Violent and Obscene Speech which are not Constitutionally protected.
1. Posting of Signs. Signs may be prohibited based upon written or graphic expressions which are an incitement to imminent lawlessness. The University will give careful consideration to the actual circumstances surrounding such expression, and posting of a sign will be prohibited only if the sign is an incitement to immediate violence or illegal acts.
2. Obscene Postings. Posting of signs may be prohibited based upon obscenity. In determining what constitutes obscene material, a three-part test applies:
a. The average person, applying contemporary community standards, would find that the work, taken as a whole, is designed to appeal to the prurient interest; and
b. The work depicts or describes in a patently offensive way, sexual conduct specifically defined by the applicable state law; and
c. The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
3. In all instances the Residence Hall Conduct System will be followed.