Article 12: Proscribed Conduct

Applicable Laws, Rules and Regulations

All rules of the Board of Trustees of SUNY, and all the laws of the City of Buffalo, the Town of Amherst, the State of New York, and the United States of America apply on the campus and are considered part of the Student Rules and Regulations. The State of New York laws include, but are not limited to, the New York State Penal Law, the New York State Vehicle and Traffic Law, the New York State Education Law, and the Alcoholic Beverage Control Law.

All of the rules and regulations in these chapters shall be considered as supplementing and implementing the appropriate rules of the Board of Trustees and city, state, and federal laws, and shall apply to all students.

In addition, since students will be presumed to have done so, students should familiarize themselves with the following University Regulations: Academic and Departmental, University Library, University Motor Vehicle, Residence Halls, University Health and Safety, Student Union, Computing & Information Technology conditions of use statement, and other regulations established by University units in pursuit of their missions.

All non-academic regulations should be submitted annually to the Vice President for Student Affairs for review for consistency and subsequent approval. Conspicuous posting and/or dissemination to students affected by the regulations is the responsibility of the individual issuing department.

Any offenses arising out of any of the laws mentioned above shall be considered proper matters for adjudication before the appropriate university disciplinary body.

General Conduct Rules and Regulations

Any student found to have committed the following misconduct is subject to disciplinary sanctions:

1. DISHONESTY - Acts of dishonesty, including but not limited to the following:

A. Cheating, plagiarism, or other forms of academic dishonesty, as defined at the following locations: http://undergrad-catalog.buffalo.edu/policies/course/integrity.shtml for undergraduates and http://www.grad.buffalo.edu/policies/index.php for graduate students. For additional information please contact your specific professional school or department.
B Furnishing false information to any University official, faculty member, employee or office.
C. Forgery, alteration, or misuse of any University or Official document, record, or instrument of identification. (e.g., drivers licenses and passports).
D. Tampering with the election of any University recognized student organization.

2. DISRUPTION - Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other University activities, including its public-service functions on or off campus, or other authorized non-University activities, when the act occurs on University premises. The University reserves the right to determine where cases of disruption of public order should be referred.

3. PHYSICAL VIOLENCE - Physical violence or abuse (including acquaintance rape), verbal abuse, threats, intimidation, harassment, coercion and/or other conduct which threatens or endangers the health or safety of any person.

4. TRESPASS/UNAUTHORIZED ENTRY - A person knowingly enters or remains unlawfully in a building, office, residence hall room or any other properties of the university at any time without permission or authorization.

5. THEFT - A person is guilty of theft when he or she, knowing property not to be his or her own, takes such property for his or her own use, pleasure, or possession; and, theft of services.

6. RUSHING/PLEDGING/INITIATION/RECRUITMENT ACTIVITIES - Any such activities taking place in the Residence Halls must be approved before the date of the activity.

7. HAZING - Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.

8. KEYS/ACCESS CARDS - Unauthorized possession, duplication or use of keys to any University premises or unauthorized entry to or use of University premises.

9. DOORS-TAMPERING - Disablement of a locking mechanism or blocking open a door intended to be closed and locked.

10. RULES - Violation of published University policies, rules, or regulations.

11. LAWS - Violation of federal, state or local law shall be a violation of University Conduct Rules and Regulations. A finding of a violation under this rule does not require proof of a conviction in any non-campus legal proceeding.

12. SUBSTANCES - Use, possession or distribution of narcotic or other controlled substances and/or related paraphernalia except as expressly permitted by law.

13. ALCOHOL

A. Use or possession of alcoholic beverages except as expressly permitted by law, University regulations; and/or public intoxication.
B. Distribution of alcoholic beverages except as expressly permitted by law and University regulations and permission to serve alcohol must be obtained by application to the Alcohol Review Board, 252 Capen Hall.

14. IMPAIRED DRIVING - Operating a motor vehicle while under the influence of drugs or alcohol (See Section 9 of the Campus Parking and Traffic Regulations) including but not limited to:

A. operating a motor vehicle while his/her ability to do so is impaired by the improper or illegal use of drugs or the consumption of alcohol; or
B. operating a motor vehicle while in an intoxicated condition

15. SMOKING - Prohibited in all University owned and operated buildings, doorway areas, loading docks, stadiums and outdoor events, and in all vehicles owned and operated by the University. (See Residence Hall regulations also)

16. WEAPONS - Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on University premises. (See section 536.5 Supplemental Rules for the Maintenance of Public Order.)

17. DEMONSTRATIONS - Participation in a campus demonstration which disrupts the normal operations of the University and infringes on the rights of other members of the University community; leading or inciting others to disrupt schedules and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement.

18. TRAFFIC - Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University sponsored or supervised functions.

19. BICYCLING, SKATEBOARDING, ROLLERBLADING - Prohibited operation includes:

A. operation in any University building or facility
B. operation in a reckless or unsafe manner
C. storage of bicycles within any University building or facility (see Residence Hall regulations also)

20. DISORDERLY CONDUCT - Conduct which is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University.

21. COMPUTER ABUSE - Theft or other abuse of computer time, including but not limited to:

A. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
B. Unauthorized transfer of a file.
C. Use of another individual's identification and password.
D. Use of computing facilities to interfere with the work of another student, faculty member or University Official.
E. Use of computing facilities and E-mail to send obscene or abusive messages.
F. Use of computing facilities to interfere with normal operation of the University computing system.
G. Any and all computer violations caused by an individual using another student's identification or password are the responsibility of the person who actually commits the violation and the owner of the identification password. Students must take steps to insure that no other individual has access to their computers or University computer account.

22. INJURY TO LIBRARY PROPERTY - A person is guilty of injury to library property when he or she injures, defaces, or destroys any property belonging to, or deposited in, the University Libraries.

23. DETENTION OF LIBRARY PROPERTY - A person is guilty of detaining library property when he or she willfully detains University Libraries property for more than thirty days following written notice from the library.

24. UNIVERSITY GROUNDS - Use of University space and grounds by an organization or person without reservation of the space or proper authorization.

25. JUDICIAL SYSTEM - Abuse of the Judicial System, including but not limited to:

A. Failure to obey the summons of a judicial body or University official.
B. Falsification, distortion, or misrepresentation of information before a judicial body.
C. Disruption or interference with the orderly conduct of a judicial proceeding.
D. Institution of a judicial proceeding knowingly without cause.
E. Attempting to discourage an individual's proper participation in, or use of, the judicial system.
F. Attempting to influence the impartiality of a member of a judicial body prior to, and/or during the course of, the judicial proceeding.
G. Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during, and/or after a judicial proceeding.
H. Failure to comply with the sanction(s) imposed under the Student Code.
I. Influencing or attempting to influence another person to commit an abuse of the judicial system.

26. ANIMALS - Animals are not permitted in any university building at any time, except laboratory animals or animals trained to assist the disabled (refer to Residence Hall rules and regulations for pet information).

27. AMPLIFICATION - Use of amplification/audiovisual equipment in any of the reservation facilities must receive advance approval from the Reservations Office and, if granted, must not interfere with any public, office, library, classroom, or other University function. Requests for reduction in volume by Reservations staff and/or designee must be complied with upon notification.

28. ATTEMPT - A person is guilty of an attempt to violate the Student Rules and Regulations, or to commit a crime, when he or she, with intent to violate or commit same, engages in conduct which tends to affect the violation of such student rule or regulation or the commission of such crime.

29. COMPLICITY - A person is guilty of complicity when he or she aids, helps or otherwise assists another in violating any rule applicable to the University.

30. ASSAULT - A person is guilty of assault when he or she slaps, kicks, shoves or otherwise strikes another person.

31. HARASSMENT - A person is guilty of harassment when he or she

A. threatens or intimidates a person creating a rational fear within that person; or
B. engages in a course of conduct or repeatedly commits acts directed at another person which would seriously annoy a rational person; or
C. creates a condition which endangers or threatens the health, safety or welfare of another person
D. physically restrains or detains any other person, or removes any person from any place where he or she is authorized to remain

32. SEXUAL HARASSMENT - A person is guilty of sexual harassment when his or her behavior is contrary to University policy as described below (based on Equal Employment Opportunity Commission and Office of Civil Rights regulations). Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

A. Submission to or enduring such conduct when rejected is made either explicitly or implicitly a term or condition of instruction, employment, or participation in other University activity; or
B. Submission to, or rejection of, such conduct by an individual used as the basis for making academic or personnel decisions affecting an individual; or
C. Such conduct has the purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, hostile, or offensive University environment.

33. SELF-DEFENSE SPRAY - Considered physical assault when circumstances do not justify the use of such a device. Other forms of misuse include dispensing for the purpose of disruption of University operations or events.

34. STALKING - Repeated coercive acts or offenses which taken singly may be non-threatening, but collectively instill a fear of physical injury or harm. Such a pattern may involve, but is not limited to, the following: phone calls, physical and/or verbal confrontations, breaking and entering (cars, apartments, lockers, etc.), vandalizing, the purpose of which is to attempt to manipulate or control another person.

35. ARSON - A person is liable if, by any act, he or she commits arson by causing a fire or explosion on any University building or property.

36. CONVERSION - A person is guilty of conversion when he or she, after having lawfully obtained possession of the property of another, wrongfully transfers, detains, substantially changes, damages, destroys, or misuses the property without the permission of the owner.

37. MISREPRESENTATION - A person is guilty of misrepresentation when he or she knowingly perverts the truth for personal gain or favor.

38. POSSESSION - A person is guilty of possession when he or she knowingly obtains property, (including abandoned property), without the explicit authorization of the rightful owner.

39. DESTRUCTION OF PROPERTY - A person is guilty of destruction of property when he or she:

A. destroys, defaces, materially alters or otherwise damages property not his or her own; or
B. creates a condition which endangers or threatens property not his or her own.

40. FALSE REPORTING - A person is guilty of falsely reporting an incident when he or she conveys information known to be false or without basis to any University Official, faculty member, or employee.

41. FIRE - Fire alarms and fire fighting equipment, including but not limited to fire extinguishers, fire hoses, heat and smoke detectors, and sprinkler systems, are for the protection of building occupants. Any tampering with or misuse of this equipment is prohibited and may be punishable in the University court and in the appropriate Civil and/or Criminal Courts. Any time a fire alarm is activated, all people are required to follow the evacuation procedures for their particular building. Occupants must comply with the requests of Housing staff, University Police personnel, or emergency personnel. Any violations will be referred to the appropriate university and/or civil judiciary.

42. REASONABLE REQUEST OF A UNIVERSITY OFFICIAL - A person is guilty of failure to comply when he or she, knowing or having reason to know that the requesting person is a University official, fails to comply with a reasonable request. For the purpose of this section, a University official shall include, but not be limited to, an individual instructing a class, a librarian or designee in a library, a University Police Officer, and any Resident Advisor, Residence Hall Director or student employee, and members of the University staff carrying out their duties and responsibilities.

43. GAMBLING - No student shall gamble for money or other valuables on University property or in any University facility.

44. MISUSE OF UNIVERSITY SUPPLIES OR DOCUMENTS - A person is guilty of misuse of University supplies and documents when he or she forges, alters, uses without authority, receives without authority, or possesses without authority any University supplies or documents. (University supplies and documents include, but are not limited to, the following: supplies, equipment, keys, records, files, documents, all forms of computer data, and other materials.)

45. FALSIFYING UNIVERSITY APPLICATION CREDENTIALS - Students found to have knowingly falsified application information may be subject to suspension, dismissal, or other administrative penalties.

46. FALSIFYING GRADE CHANGES - In addition to any sanctions which may be imposed by an academic dean, other penalties may be assessed as a result of a Student-Wide Judiciary hearing or plea agreement.

47. FALSIFYING GRADES - A person is guilty of falsifying grades when he or she:

A. submits a falsified universal grade change form to the university; or
B. submits false grade information of any sort to a University office or department, employer, academic institution, etc.
C. alters any academic coursework and or examinations so as to unjustly affect the grade awarded to that assignment.

48. ALTERING A STUDENT'S REGISTRATION OR STUDENT DATA - Any student who, for purposes of fraud or misrepresentation, falsifies, forges, defaces, alters, or mutilates in any manner any official University document or representation thereof.

49. LEAVING THE SCENE - attempting to flee or unlawfully leaving the area of an accident, crime, or University violation (and/or areas of potential accidents, crimes, or violations). This includes fleeing an area to avoid being questioned, apprehended and/or detained by University Officials, faculty members, or employees and/or law enforcement officers.

50. DISCRIMINATION - Based on race, gender, age, sexual orientation, religion, disability or veteran status.

Related Sites

None at this time