Section II: Student Conduct Regulations & Policies
Official policies of the University
These regulations and policies are in effect for any student conduct taking place on campus property, at campus-sponsored events (on or off campus property), at events where the student represents the University (is engaged in field work, conference attendance, or athletic team events under the auspices of the University) and is involved in incidents that have a direct negative impact on the University as a community of scholars.
The faculty members of the Office of Student Conduct administrate the University's student conduct program and the disciplinary process, according to University of Nevada, Reno, Student Code of Conduct ("Code").
The "Student Code of Conduct " is published annually. The Board of Regents for the Nevada System of Higher Education have given authority to each NSHE campus to establish their individual student codes of conduct, regulations and procedures.
The faculty in the Office of Student Conduct collaborate with the Residential Life faculty in responding to every reported incident involving alleged student misconduct that occurs on university property, at a university-sponsored function, or in the University neighborhood, by:
- Reviewing the referral to determine whether the evidence from the incident supports the assertion that student misconduct occurred.
- Determining whether informal or formal disciplinary action is advised for successful resolution of the student misconduct. (In almost all cases, informal disciplinary action is recommended and pursued.)
- Contacting the student by letter in a timely manner to notify the student that student disciplinary action is being initiated.
- Informing the student of the type of disciplinary action that is being pursued - whether it is: informal investigation, a conference, informal resolution, or a formal hearing.
- Investigating the incident to determine the severity of the misconduct, the person(s) responsible for it, and the appropriate resolution, including university disciplinary sanctioning as the consequence.
- Providing a written record of the action taken to resolve the charge(s) of misconduct for each student and for every incident, to be provided to the student involved and maintained as a record in the Office of Student Conduct.
- Providing support, consultation, and the appropriate referral(s) for services to all persons (faculty, staff, and students) who are victims of student misconduct that is also a crime.
- Providing support for all national, professional, and university standards of privacy of student records for all cases of student disciplinary action; including the university record of such action. This practice is in keeping with the standards established by federal law (FERPA) and guidelines for a student's right to privacy for educational records.
To seek services for referring, addressing, and resolving student misconduct, contact the Office of Student Conduct.
The University of Nevada, Reno has established regulations and policies for student conduct that support the core educational mission of the University of Nevada Reno, students and student groups and/or organizations. The following conduct violates our university community standards and subjects a student, or a student group/organization to sanctions under the Student Code of Conduct. The following conduct is prohibited:
A. University of Nevada, Reno, Conduct Rules and Regulations.
The following behavior is prohibited:
1. Acts of dishonesty, including but not limited to the following:
a. Cheating, plagiarism, fraudulently obtaining grades, falsifying research data or results, assisting others in these same acts, or other forms of academic dishonesty.
b. Furnishing false information to any University official, faculty member, or office.
c. Forgery, alteration, misuse, theft, or using without permission, any University document, or record.
2. Disorderly, lewd or indecent conduct, including the disruption, obstruction, or unauthorized interruption of teaching, research, convocations, recruiting interviews, social events, meetings, business and administration, disciplinary proceedings, or other University activities; including public service functions and outreach activities on or off campus, or other activities when the conduct occurs on University premises.
3. Failure of the student to present proper credentials, student identification card, driver's license, or parking registration, to university officials upon their request.
4. Physical abuse and/or conduct that threatens or endangers the health or safety of any member or guest of the university community.
5. Verbal abuse, intimidation, coercion or bullying which is sufficiently severe, persistent or pervasive so as to interfere with or limit a student's ability to participate in or benefit from the educational services, activities or opportunities offered by the university.
6. Interference by force, threat or duress with the lawful freedom of movement of persons or vehicles on university premises.
7. Resisting or obstructing university or other public officials in the performance of their duties.
8. Failure to comply with the directions of University officials acting in accordance with their duties and/or failure to identify oneself to these persons when requested to do so.
9. False reporting of any emergency situation, including but not limited to, misuse of campus emergency notification equipment. Unauthorized tampering with, and/or accessing of, safety, security, or fire protection equipment or devices. Setting off a fire alarm for reasons other than actual fire or emergency; involvement in setting or causing any unauthorized fire in or on university property.
10. The unauthorized possession, loan or distribution of keys, pass cards or University I.D. cards. Unauthorized or unlawful entry or access to university facilities, including buildings and grounds. The reproduction, manufacture or duplication of any key, pass card, University I.D. card or unlocking device for use on university facilities or locks without proper authorization.
11. Abuse, unauthorized use, or theft of University computer facilities and resources, including but not limited to: (a) unauthorized entry into or transfer of, a file to use, read, or change the contents or for any other purpose; and/or a violation of copyright laws; (b) use of another individual's identification and/or password; (c) interfering with the work of another student, faculty member or University official, or with the normal operation of the University computing system; or, (d) violating the University's Standards of Conduct for the Use of University Computers.
12. Violation of university policies and regulations governing residence in University owned or controlled property, and access to and use of all University facilities, including responsibility for the conduct of guests.
13. Making an accusation that is intentionally false or is made with reckless disregard for the truth against any member of the University community by filing a complaint or charges under this Code or with the Title IX/Equal Employment Opportunity/Affirmative Action Office.
14. Willful incitement of individuals to commit any of the acts herein prohibited.
15. Use, possession, or distribution of alcoholic beverages without authorization (except as expressly permitted by University regulations, such as the "Alcoholic Beverage Policy"), or public intoxication. Alcoholic beverages may not, in any circumstances, be used by, possessed by, or provided to, a person less than twenty-one years of age.
16. Use, possession, manufacturing or distribution of marijuana including for medical purposes, heroin, narcotics, or other controlled substances; use or possession of any illegal and/or unauthorized drugs, prescription drugs, and drug paraphernalia including for medical purposes; being under the influence of illegal drugs; except as expressly permitted by law. The conduct prohibited by this section of the student code includes use, possession, or cultivation of marijuana and drug paraphernalia, including for medical purposes, on any NSHE or NSHE foundation owned or leased property, or at any NSHE sponsored or authorized activity.
17. Any other conduct that violates applicable stated prohibitions, policies, procedures, rules, or regulations of the University of Nevada Reno, or Board of Regents.
18. Any act or actions, committed by a student and/or student group that is contrary to federal, state, or local law shall fall within the authority and jurisdiction of the Code.
19. Contempt of student disciplinary proceedings including impairing or interrupting any proceeding or providing false information to University officials and student hearing board members during the course of the conduct resolution process. Failure to comply with the terms of any sanction imposed in accordance with the Student Code of Conduct.
20. The use of, or threat to use, force or violence against any member or guest of the University community, except when lawfully permissible.
21. Knowing possession on any premises of the University of any firearms, explosives, dangerous chemicals or other instruments of destruction, or other dangerous weapons as defined by the laws of the State of Nevada, without the written authorization of the president or the president's authorized agent.
22. Continued occupation of buildings, structures, grounds or premises belonging to or occupied by, the University after having been ordered to leave by the president or the president's designee.
23. Forgery, alteration, falsification or destruction of University documents or furnishing false information in documents submitted to the University.
24. The use of threats or violence against a faculty member or the faculty member's family in order to secure preferential treatment for grades, loans, employment, or other service or privilege accorded by the University.
25. Any act of unlawful discrimination based on race, creed, color, gender (including pregnancy related conditions), age, sexual orientation, disability, whether actual or perceived by others, military status or military obligations, religion or national origin, gender identity, or genetic information, or any act of employment or educational retaliation against any person who has made a complaint about such discrimination.
26. Acts of unwelcome verbal or physical conduct that is sexual in nature and is sufficiently severe, persistent or pervasive so as to interfere with or limit a student's ability to participate in or benefit from the educational services, activities or opportunities offered by the institution.
27. Acts of sexual harassment. Sexual harassment, defined as unwelcome sexual advances, requests for sexual favors, and other visual, verbal or physical conduct of a sexual or gender bias nature constitute sexual harassment when:
a. Educational Environment: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic status ("quid pro quo"); or (2) Conduct that is sufficiently severe, persistent or pervasive so as to interfere with or limit a student's ability to participate in or benefit from the services, activities or opportunities offered by the institution ("hostile environment").
b. Workplace Environment: (1) Submission to or rejection of the conduct is used as a basis for academic or employment decisions or evaluations, or permission to participate in an activity ("quid pro quo"); or (2) Conduct that is sufficiently severe, persistent or pervasive so as to create a work environment that a reasonable person would consider intimidating, hostile or abusive, and which may or may not interfere with the employee's job performance ("hostile environment").
Sexual harassment may take many forms-subtle and indirect, or blatant and overt. Sexual harassment includes sexual violence, sexual assault, dating violence, domestic violence, stalking and coercion or similar acts in violation of state or federal law. For example:
a. It may occur between individuals of the opposite sex or of the same sex.
b. It may occur between students, between peers and/or co-workers, or between individuals in an unequal power relationship (such as by a supervisor with regard to a supervised employee or an instructor regarding a current student).
c. It may be aimed at coercing an individual to participate in an unwanted sexual relationship or it may have the effect of causing an individual to change behavior or work performance.
d. It may consist of repeated actions or may even arise from a single incident if sufficiently severe.
e. It may also rise to the level of a criminal offense, such as battery or sexual violence.
28. Acts of Sexual Violence. Sexual violence is a physical act perpetrated against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol or other factors which demonstrate a lack of consent or inability to give consent. An individual also may be unable to give consent due to an intellectual or other disability. Sexual violence includes, but is not limited to, rape, sexual assault, sexual battery, and sexual coercion.
Sexual coercion is:
a. The use of violence or threats of violence against a person or the person's family or property;
b. Depriving or hindering a person in the use of any tool, implement or clothing; or
c. Attempting to intimidate a person by threats or force,
d. When committed with the intent to compel a person to do or abstain from doing an act that the person has the right to do or abstain from doing.
In the context of sexual misconduct, coercion is the use of pressure to compel another individual to initiate or continue sexual activity against an individual's will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person's words or conduct are sufficient to constitute coercion if they wrongfully impair another individual's freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to "out" someone based on sexual orientation, gender identity, or gender expression and threatening to harm oneself if the other party does not engage in the sexual activity.
Consent is defined as:
a. An affirmative, clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity, Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the acting is under the influence of drugs and/or alcohol.
b. The existence of a dating relationship or past sexual relations between the participants does not constitute consent to any other sexual act.
c. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity or gender expression.
d. Affirmative consent must be ongoing throughout the sexual activity and may be withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop.
e. Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary); inability to communicate due to a mental or physical condition; the lack of consciousness or being asleep; being involuntarily restrained; if any of the parties are under the age of 16; or if any individual otherwise cannot consent.
f. Consent cannot be given when it is the result of coercion, intimidation, force or threat of harm.
29. Dating Violence: Dating Violence is an act committed by a person who is or has been in a "dating relationship" with the victim:
a. The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. "Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
b. For the purpose of this definition:
1. Dating violence includes, but is not limited to, mental sexual or physical abuse or the threat of such abuse.
2. Dating violence does not include acts covered under the definition of domestic violence.
For the purpose of complying with the requirement of this section and 34 CFR 668.41, any incident meeting this definition is considered a crime for the purpose of Clery Act reporting.
30. Domestic Violence: Domestic Violence is an act that includes but is not limited to violence which occurs when a person commits one of the following acts against or upon the person's spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person's minor child or any other person who has been appointed the custodian or legal guardian for the person's minor child:
a. A battery.
b. An assault.
c. Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person ha the right to perform.
d. A Sexual assault.
e. A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but not limited to: stalking, arson, trespassing, larceny, destruction of private property, carrying a concealed weapon without a permit, or injuring or killing an animal.
f. A false imprisonment.
g. Unlawful entry of the other person's residence, or forcible entry against the other person's will if there is a reasonably foreseeable risk of harm to the other person from the entry.
31. Stalking: Stalking is defined to be when a person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harasses or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member. Stalking includes but is not limited to:
a. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
1. Fear for the person's safety or the safety of others; or
2. Suffer substantial emotional distress.
b. 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.
32. Any acts of hazing.
a. Hazing is defined as any method of initiation into or affiliation with the university, a student organization, a sports team, an academic association, or other group directly or indirectly engaged in that intentionally or recklessly endangers that individual physically and/or mentally regardless of whether or not the recipient is a willing participant. Hazing is most often seen as an initiation rite into a student organization or group, but may occur in other situations.
b. Hazing activities may include, but are not limited to:
1. Any physical activity, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of food, liquid, drugs or other substance or any other brutal treatment or other forced physical activity that is likely to adversely affect the physical health of the person;
2. Any mentally embarrassing, harassing, or ridiculing behaviors to create psychological shocks, to include but not limited to such activities as: Engaging in public stunts and buffoonery, morale degradation or humiliating games and activities;
3. Any situation which subjects the individual to extreme stress, such as sleep deprivation, forced exclusion from social contact, required participation in public stunts, or forced conduct which produces pain, physical discomfort, or adversely affects the mental health or dignity of an individual; and
4. Any expectations or commands that force individuals to engage in an illegal act and/or willful destruction or removal of public or private property.
B. Violation of Law and University of Nevada, Reno, Discipline
When a student is charged by federal, state, or local authorities with a violation of the law, the University will not request or agree to special consideration for that individual because of his or her status as a student. Action by the university may go forward regardless of other possible or pending administrative, civil or criminal proceedings arising out of the same or other incidents. The person filing the complaint may choose to file charges against the student in both arenas: internally, through the university student conduct system, or externally, through the criminal justice or civil system.
The University may advise off-campus authorities of the existence of the Student Code and of the process for resolution of a potential violation of the Student Code on campus. The University will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus. Individual students remain free to interact with governmental representatives as they deem appropriate. Decisions on the University student conduct case resolution, including sanctions imposed, shall not be subject to change because criminal charges arising out of the same allegations giving rise to the complaint of violation of University rules were dismissed, reduced or resolved in favor or against the student defendant in other judicial or administrative proceedings.