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properties and activities. The board is authorized to enact ordinances

for the governance of the universities and the maintenance of public

order upon all property under its jurisdiction. The board has

promulgated this Student Code of Conduct in order to meet its

responsibilities under Arizona law. Enforcement of this Student Code

of Conduct is subject to applicable law, including constitutional

protections for speech, association and the press.

2. The presidents are authorized to enforce the Student Code of

Conduct. University presidents are also authorized to limit the

conduct would not also constitute a criminal offense, and even if a

prosecutor has determined not to prosecute as a criminal matter or the

student has been found not guilty in a criminal proceeding.

4. For purposes of interpreting words and phrases not otherwise defined

in the Student Code of Conduct, every day and common usages and

understanding shall apply, and external sources may be consulted for

guidance.

5. Students may be accountable to both civil and criminal authorities and

off-campus conduct may also be subject to educational interventions

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1. The aim of education is the intellectual, personal, social, and ethical

development of the individual. The educational process is ideally

conducted in an environment that encourages reasoned discourse,

intellectual honesty, openness to constructive change, and respect for

the rights of all individuals. Self -discipline and a respect for the rights

of others in the university community are necessary for the fulfillment

of such goals. The Student Code of Conduct is designed to promote

this environment at each of the state universities.

2. The Student Code of Conduct sets forth the standards of conduct

1. The adoption of the Student Code of Conduct does not prohibit any

university or the board from adopting or maintaining additional rules to

govern the conduct of students. Allegations of misconduct brought

under the Student Code of Conduct may be combined with allegations

arising under other university or board rules.

2. Each university may adopt policies and procedures for reviewing

allegations of academic dishonesty.

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evaluation

c. Rules governing student housing

d. Rules governing the maintenance of public order

e. Rules governing the conduct of student athletes

f. Rules governing the use of university communication and

computing resources, and

D. Student Organizations

1. Student organizations may be charged with violations of the Student

Code of Conduct to the same extent as students.

2. Student organizations, as well as their members and other students,

may also be held collectively and/or individually responsible for

violations including but not limited to misconduct that occurs: (a) on

university property; (b) on premises used or controlled by the

received consent or encouragement from the organization's officers or

leaders or if those officers or leaders knew or should have known that

such violations were being or would be committed.

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E. Definitions

1. "Advisor" means an individual selected by the student to advise

him/her. The advisor may be a faculty or staff member, student,

attorney, or other representative of the student.

2. "Board" means the Arizona Board of Regents.

3. "Complainant" means any individual who initiates the referral

Consent may not be inferred from: 1) silence, passivity or lack of

resistance, 2) a current or previous dating or sexual relationship, 3)

acceptance or provision of gifts, meals, drinks, or other items or 4)

previous consent to sexual activity.

Consent may be withdrawn during sexual activity. Consent to one

form of consensual sexual activity does not imply consent to any other

form of sexual activity.

Consent may not be obtained through physical force, violence, duress,

obtain consent and does not excuse conduct that violates this Student

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5. "Controlled substance" means a drug or substance whose use,

possession, or distribution is controlled under state or federal law.

6. "Day" means university business day, not including Saturday, Sunday,

any officially recognized university employee holiday, or any day the

university is closed.

7. “Dangerous Instrument” means anything that under the circumstances

in which it is used, attempted to be used or threatened to be used is

readily capable of causing death or serious physical injury.

10. “Educational Response or Intervention”: The dean of students may

require a student to complete an educational program at the student’s

expense, write a paper or letter of apology, engage in community

service, or assign other educational responses to address the

student’s conduct.

11. "Endanger" means to bring into danger or peril.

12. “Explosive" refers to dynamite, nitroglycerin, black powder, or other

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16. "Hazing" means either (a) any intentional, knowing or reckless act

committed by a student, whether individually, or in concert with other

persons, against another person, in connection with an initiation into,

an affiliation with, or the maintenance of membership in any

organization that is affiliated with a university that contributes to a

substantial risk of potential physical injury, mental harm or

degradation, or causes physical injury, mental harm or personal

degradation; or (b) any act otherwise defined as hazing under

applicable law. Hazing includes, but is not limited to, paddling in any

form, physical or psychological shocks, late work sessions that

or embarrassment.

17. "Illegal drug" means any drug whose manufacturing, use, possession,

or distribution is prohibited or restricted by state or federal law.

18. “Personal Safety Devices:” each university will maintain and publish a

list of permitted personal safety devices to include personal alarms,

chemical repellents and other devices designed to protect personal

safety from physical attacks by other people. Each university will also

publish the process by which an individual may seek to have a device

February 2020

intimidating, hostile, or offensive environment; or

c. Other unwanted or non-consensual sexual conduct including

but not limited to indecent exposure, sexual exploitation or

voyeurism, or non-consensual photographing or audio-

recording or video-recording of another in a state of full or

partial undress or while engaged in sexual activity, or publishing

or disseminating such materials.

21. “Smoking” means the burning of, inhaling from, exhaling the smoke

vape pens.

22. "Stalking" means engaging in a course of conduct that is directed

toward another person if that conduct would cause a reasonable

person to suffer substantial emotional distress or to fear for the

person's safety or the safety of that person's immediate family

member or close acquaintance, and that person in fact fears for

his/her safety or the safety of that person's immediate family member

or close acquaintance.

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26. “Title IX Coordinator” means the individual designated by each

University to oversee compliance with the nondiscrimination and anti-

harassment provisions of the Student Code of Conduct.

27. "University" means either the University of Arizona, Arizona State

University, Northern Arizona University, or any other university campus

or division governed by the board.

28. "University community" means all university students, employees, and

of “university property” for purposes of this policy to exclude certain

property owned by the university and leased to a third party. Any such

limitation will be in writing, such as a lease, other agreement or

university policy. If property is excluded from the definition of

“university property” pursuant to such limitation, it will be treated as off-

campus property under this policy.

30. "University-sponsored activity" means any activity on or off campus

authorized, supervised, or controlled by a university.

(loaded and unloaded, simulated and real), devices designed to expel

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F. Prohibited Conduct

1. All forms of student academic dishonesty, including but not limited to

cheating, fabrication, facilitating academic dishonesty, and plagiarism.

2. Endangering, threatening, or causing physical harm to any member of

the university community or to oneself, causing reasonable

apprehension of such harm or engaging in conduct or communications

that a reasonable person would interpret as a serious expression of

intent to harm.

the board or by the university.

5. Impersonation of another, using another person’s identity, or furnishing

materially false information, including manufacturing or possession of

false identification.

6. Initiating, causing, or contributing to any false report, warning, or threat

of fire, explosion, or other emergency.

7. Failure to comply with the directions of university officials or agents,

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the university or to any victims, or any other factors deemed

appropriate under the circumstances, including but not limited to the

individual’s participation in an approved counseling program.

2. Repeated violations of the Student Code of Conduct may result in the

imposition of progressively more severe sanctions, although any

sanction may be imposed as appropriate under the circumstances.

I. Enforcement

board policies and applicable laws and regulations

J. Miscellaneous provisions

1. The description of prohibited conduct shall be interpreted as broadly

as consistent with applicable law.

2. The presidents are authorized by the board to take other actions or to

adopt other rules to protect university property and the safety and well-

being of members of the university community and the public.