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Student Code of Conduct Violation Attorneys in Flagstaff, Arizona
The Law Offices of Gonzales & Poirier have represented many students facing a Student Code of Conduct Violation. For some, these charges can be devastating. Our firm has seen students suspended or expelled. Nevertheless, we have had great success in helping students facing violations. The Arizona Board of Regents has promulgated this Student Code of Conduct in order to meet its responsibilities under Arizona law. The Student Code of Conduct sets forth the standards of conduct expected of students who choose to join the university community. Enforcement of this Student Code of Conduct is subject to applicable law, including constitutional protections for speech, association and the press.
Student Code of Conduct Violations Information
Student Code of Conduct actions are administrative and not criminal in nature. The very conduct may or may not violate our criminal laws. However, 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, they may still be charged with violating the Student Code of Conduct.
Sanctions may be imposed for acts of misconduct that occur on university property or at any university-sponsored activity. As further prescribed in these rules, off-campus conduct may also be subject to discipline.
PROHIBITED CONDUCT GENERALLY INCLUDES:
- Academic Dishonesty
All forms of student academic dishonesty, including but not limited to cheating, fabrication, facilitating academic dishonesty, and plagiarism.
- Endangering & Threatening
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.
- Violation of Disciplinary Sanction
Violating the terms of any disciplinary sanction imposed for an earlier violation of the Student Code of Conduct or other Board or university rules.
- Violation of University Rules
Violation of, or attempt to violate, other rules that may be adopted by the Board or by the university.
- Identity Fraud
Impersonation of another, using another person’s identity, or furnishing materially false information, including manufacturing or possession of false identification.
- Filing a False Report
Initiating, causing, or contributing to any false report, warning, or threat of fire, explosion, or other emergency.
- Failure to Comply
Failure to comply with the directions of university officials or agents, including law enforcement or security officers, acting in the good faith performance of their duties. This section is not intended to prohibit the lawful assertion of an individual’s Fifth Amendment right against self-incrimination.
- Forgery of Documentarion
Forgery, falsification, fabrication, unauthorized alteration, or misuse of campus documents, records, or identification, including, but not limited to, electronic software and records. Unauthorized presence in or unauthorized use of university property, resources, or facilities.
- Unauthorized Access to University Files
Unauthorized access to, disclosure of, or use of any university document, record, or identification, including but not limited to, electronic software, data, and records.
- Disruptive Behavior
Interfering with or disrupting university or university-sponsored activities, including but not limited to classroom related activities, studying, teaching, research, intellectual or creative endeavor, administration, service or the provision of communication, computing or emergency services.
Misrepresenting oneself or an organization as an agent of a university.
- Possession of Stolen Property
Possession of property the student knows or has reason to believe may be stolen or misappropriated.
- Misuse of University Property
Misuse, theft, misappropriation, destruction, damage, or unauthorized use, access, or reproduction of property, data, records, equipment or services belonging to the university or belonging to another person or entity.
- Alcohol Consumption
Violation of the Board or university rules or applicable laws governing alcohol, including consumption, distribution, unauthorized sale, or possession of alcoholic beverages.
- Illegal Drug Possession
Unauthorized use, sale, possession, or distribution of any controlled substance or illegal drug or possession of drug paraphernalia that would violate the law.
- Illegal Gambling
Gambling as prohibited by applicable law, university policy, or associated with any university event.
- Student Hazing
Engaging in, supporting, promoting, or sponsoring hazing or violating the Board or university rules governing hazing.
- Off-Campus Conduct
Off-campus conduct that a reasonable person would believe may present a risk or danger to the health, safety, or security of the Board or university community or to the safety or security of the Board or university property.
- Harassing Peers
Engaging in repeated or significant behavior toward another individual, whether in person, in writing, or through electronic means, after having been asked to stop, or doing so to such a degree that a reasonable person, subject to such contact, would regard the contact as unwanted.
Engaging in discriminatory activities, including harassment and retaliation, as prohibited by applicable law or university policy.
- University Disciplinary Process Interference
Interfering with any university disciplinary process, including but not limited to tampering with physical evidence or inducing a witness to provide false information or to withhold information.
- Firearm Possession
Use, possession, display, or storage of any weapon, dangerous instrument, explosive material or device, fireworks, bomb-making materials, or dangerous chemical on university property, at a university sponsored activity, or in violation of law or university policy, is not permitted unless one of the following exceptions apply.
Subject to A.R.S. §12-781 and other applicable law, a person may lawfully transport or lawfully store a firearm that is both:
1. in the person’s locked and privately owned motor vehicle or in a locked compartment on the person’s privately owned motorcycle2. not visible from the outside of the motor vehicle or motorcycle, although the board or a university may require that vehicles transporting or storing firearms be parked in alternative parking as described in A.R.S. §12-781.
Furthermore, use, possession, display, or storage is specifically authorized by an Arizona or federal statute governing law enforcement officers or in writing by university officials with the authority to grant such permission. Universities may permit students to possess certain potentially dangerous instruments, and limited quantities of chemicals or other dangerous materials if they are used for academic and other legitimate purposes, if the presence of these items does not present an undue risk to the campus or community, and if the proposed use, possession, display or storage of these items has been expressly approved in writing by an authorized university representative.
- Sexual Misconduct
Sexual misconduct is unwarranted behavior of a sexual nature, which may include sexual harassment and/or sexual assault.
- Nonconsensual Photography & Filming
Photographing, videotaping, filming, digitally recording, or by any other means secretly viewing, with or without a device, another person without that person’s consent in any location where the person has a reasonable expectation of privacy, or in a manner that violates a reasonable expectation of privacy. This section does not apply to lawful security or surveillance filming or recording that is authorized by law enforcement or authorized university officials.
- State & Federal Laws
Commission of any offense prohibited by state or federal law or local ordinance.
- Concealing Act of Misconduct
Any attempt to commit or conceal an act of misconduct prohibited by these rules is subject to sanctions to the same extent as completed acts.
There are various sanctions that the Dean of Students may impose, including expulsion, suspension, degree revocation, probation, warnings, administrative holds, restricting access to University, sanctions and other restrictions. A student who has been suspended or expelled from one university will be ineligible for admission, enrollment, re-enrollment or re-admission.
In determining the sanctions, our law firm helps you present mitigating factors to support the least severe sanction.