VI. 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 policies may result in immediate removal from the residence halls:
A. DISRUPTIVE BEHAVIOR.
Any behavior or action, physical or verbal (including social media posts), in which the mode of expression, irrespective of its content or viewpoint, is lewd, obscene, or indecent, 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, or opportunities offered by the institution, including, but not limited to, that which constitutes discrimination or harassment relating to race, gender, gender identity or expression, sexual orientation, religion, disability, or any other protected class.
B. THREATENING BEHAVIOR.
Threatening behavior, whether written, verbal or physical to others or self may result in immediate removal.
C. SEXUAL HARASSMENT.
Any form of sexual harassment or coercion, any nonconsensual sexual contact, including date or acquaintance rape. Incidents of suspected sexual harassment or assault may incur further University action.
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.
F. COMMUNITY LIVING.
Any behaviors or actions, which demonstrate an inability to abide by the requirements for group living. This may include, but is not limited to, cleanliness, odors, or any other environmental issues or concerns.
G. RESTRICTIONS ON POSTING SIGNS.
Two (2) exceptions to protected speech (expression which may be restricted) are: violent and obscene speech which are not constitutionally protected.
G.1. Incitement to Violence. 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.
G.2. Obscenity. Posting of signs may be prohibited based upon obscenity. In determining what constitutes obscene material, a three-part test applies:
- 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
- The work depicts or describes in a patently offensive way, sexual conduct specifically defined by the applicable state law; and
- The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.