Student Conduct Code
Article II: Prescribed Conduct
A. Standard of Proof
In all cases of disciplinary adjudication, the university decides responsibility using “a preponderance of evidence” indicating that it is “more likely than not” that an incident did or did not occur. If a student is found responsible for any of the following violations, they will be subject to disciplinary action through the University Judicial System. The sanctions imposed will depend on the severity of the violation(s) and/or the student’s previous disciplinary record. If the alleged violation is judged to be severe enough by the Vice President for University Advancement, the university reserves the right to impose interim suspension before a conduct hearing has occurred. The use of interim suspension is used when there is a threat to the health and safety of the accused student and/or other members of the university community (see Interim Suspension).
Rules and Regulations
Prohibited Misconduct includes engaging in behavior that interferes with the safety and well being of any members of the university or that interferes with the mission, purpose, functions and processes of the university will be subject to disciplinary action. The following examples of misconduct are inclusive but not limiting.
THE FOLLOWING VIOLATIONS ARE PROHIBITED BY THE UNIVERSITY AND PLACE THE OFFENDING STUDENT IN PERIL OF SUSPENSION TO INCLUDE, BUT NOT LIMITED TO:
1. Alcohol-possession or misuse or distribution of alcoholic beverages or intoxicating liquors by students on university property or as a part of any university activity is prohibited or providing alcoholic beverages to any student under the age of 21. Any student who violates this standard of conduct shall be subject to disciplinary sanctions. Sanctions may include suspension and or referral for prosecution.
2. Assault with a deadly weapon-defined as the intentional infliction of injury to another with the use of a weapon or dangerous object intentionally used as a weapon
3. Computer Security Violations: Accessing without authorization a file to use, read or change contents; unauthorized transfer of a file; use of computing facilities to interfere with the work of another student, faculty/staff member or university official; use of computing facilities to send obscene or abusive messages; cyber bullying, hacking, intentional introduction or spreading of a computer virus to the university computing system; use of computing facilities to view any pornographic material over the internet;unauthorized use of another individual’s computer account; misuse of one’s own computer account; or any violation of the policies for using computing and network resources provided by Lincoln University.
4. Criminal Violation: violation of any state, federal or local law while on university property or at any university sponsored or controlled activity.
5. Disciplinary Sanction Violation: Violating the terms of probation, failure to comply with university imposed sanctions, or failure to present self for adjudication of charge or failure to comply with sanctions imposed under the Student Conduct Code, housing or university policies.
6. Disorderly Conduct defined as the intentional creation of a disturbance on university property or at university sponsored events including but not limited to fighting, committing a nuisance, excessively loud, lewd, indecent, obscene or inappropriate conduct for an institution of higher learning on university owned or controlled property, at a university sponsored or supervised event or in the community, including loud music or other noise.
7. Drugs / Illegal Substances: the illegal use, of or possession, manufacture, sale or delivery, or being in the presence of any drug that is prohibited by law; possessing drug paraphernalia or other paraphernalia used to facilitate illegal use; or attempting to manufacture or sell counterfeit drugs. This includes but is not limited to marijuana, heroin, mescaline, opium, cocaine, amphetamines, methaqualone, and Phenobarbital codeine.
8. Failure to comply: Intentionally delaying, obstructing, or resisting a person who identifies themselves as a member of the faculty, administrator, university employee, campus police, or other law enforcement officer, fire person in the performance of duty. Failure or refusal to comply with verbal or written request/directions from a university official. Areas of compliance include but are not limited to:
A. Campus Email: Each student is required to have a Lincoln University email account which is considered the central communication point through which he or she may always be reached. It is the student’s responsibility to check his/her email daily and respond to notices.
B. Identification Card: All students are required to have a Lincoln University identification card and to carry it with them at all times while on university property. Each student should be prepared to identify him/herself and surrender his/her student I.D. upon request of a University official, including but not limited to Lincoln University Police Department, faculty and staff members, and resident advisors.
C. Emergency/Drill Evacuation: Students must evacuate a building or residence hall during a fire alarm.
9. False or withheld information: Knowingly providing false information or withholding information from a university police officer; university official or disciplinary committee, including falsely reporting a fire, bomb threat or other emergency.
10. Felonies: the commission of an act that is classified under Missouri General Statues as a felony
11. Fighting/Battery/Assault defined as the use of physical force against another person that places the person in danger or in apprehension of bodily harm
12. Forgery is thealteration, falsification, destruction, misuse, unauthorized use or reproduction of a university document, record or identification; unauthorized use of Lincoln University stationery, seal, business cards or logo; misrepresenting oneself as a university official.
13. Fraudulent Business Transaction is defined as forgery or failure of a registered student organization to adhere to agreed upon responsibilities. This violation includes illegal sale of textbooks.
14. Gambling: Knowledge or being in the presence of or directly involved in any form of betting that involves the exchange of currency or anything of value.
15. Hazing is Prohibited Conduct:
1. No student shall knowingly engage in hazing either as a perpetrator or a recipient.
2. No student shall encourage, aid or assist any other student(s) in the commission of any act of hazing.
3. Any violation of (1) and (2) above shall be deemed “hazing” within the meaning of university policy
Hazing is defined as the willful act occurring on or off campus directed against a student or a prospective member of a registered student organization, athletic, military or band program. Acts of hazing shall include the following:
A. Any activity by one student acting alone or acting with others that recklessly endangers the physical health or safety of the student or prospective member including physical brutality; whipping; beating; branding; exposure to elements; forced consumption of food, alcoholic beverages, drug or other substances, or forced smoking or chewing of tobacco products;
B. Any activity which recklessly endangers the mental health of the student or prospective member, including sleep deprivation, physical confinement or other extreme stress-inducing activity;
C. Any activity that requires the student or prospective member to perform a duty or task that involves a violation of the criminal laws of Missouri;
D. Any activity by one student acting alone or acting with others that is directed against any other student for the purpose of humiliating or impairing the self-confidence of the student attacked; and
E. Any willful act by one student acting alone or with others attempting to commit any of the above acts.
16. Obstruction or Disruption defined as interruption or prevention of teaching, research, administrative disciplinary proceedings, meetings, interviews, ceremonies, athletic event, emergency responses, other university activities (including public service events) or other authorized activities on or off university property. Disruptive and destructive behavior in the dining facility such as fighting, throwing food, damaging property, vandalism, abusive language, breaking in line, leaving trays on the tables and floors.
17. Policy Violations: Failure to adhere to any university policy, rule or regulation.
18. Sexual Assault: molestation or sexual battery-defined as forcing another individual to engage in a sexual act without consent or the capacity of consent. This includes stalking, intimidation false imprisonment and domestic abuse.
19. Sexual Exploitation including but not limited to, prostituting another student, non-consensual video or audio taping of sexual activity, going beyond the boundaries of consent, engaging in voyeurism, knowingly transmitting an STD or HIV to another student or plotting to engage others in sex acts without their knowledge or consent.
20. Spamming defined as sending unauthorized mass mailings through university computers or any violation of the university computer usage policies
21. Solicitationof and by students and student organizations for money, goods or services without authorization from the Vice President for University Advancement. Solicitation by non-students must also be approved by the Vice President for University Advancement
22. Tampering: Tampering with witnesses, evidence, the university judicial officer and/or any other aspect of the adjudication process. The removal from its proper location, any fire extinguisher, hose, or other fire or emergency equipment, except when done with a reasonable belief of real need for such equipment.
23. Theft/ Stealing or attempted stealing; larceny, shoplifting, embezzlement and unauthorized possession; misuse or wrongful appropriation; or sale of property belonging to the university, an organization affiliated with the university or a member of the university community (student, faculty, staff and/or campus visitor), removal of equipment, utensils, or trays from the dining facility and or flagrant violations of rules established by food service personnel.
24. Threats of violence directed toward an individual or a group
25. Trespassing defined as the unlawful or unwarranted entrance to any university building, property nor facility
26. Unauthorized Entry/ Useof university buildings, facilities and equipment, including unauthorized possession, duplication or use of university keys.
27. Vandalismdefined as the malicious and deliberate defacement or destruction of someone else’s property. Participation individually or in groups on or off university property which causes damage to public or private property. Vandalism includes misuse of, vandalism to, or tampering with, fire equipment, including fire extinguishers, alarms, hoses and smoke detectors.
28. Verbal Abuse/Threatening Behavior defined as using words that threaten to endanger the health or safety of any person (including oneself) on or off university property, or at a university sponsored or supervised activity. Examples include verbal threats, cyber bullying (Facebook threats), intimidation, harassment, coercion, sexual misconduct, and stalking.
29. Weapons: possessingor caring whether openly or concealed, any gun, rifle, pistol, dynamite cartridge, power explosive, bowie knife, dirk, dagger, leaded cane, switchblade knife, blackjack, metallic knuckles BB guns, and air guns; dangerous chemicals, incendiary devices or other explosive substances including fireworks; sling shots; martial arts devices; or other objects classified or used as weapons with potential danger or harm.