Prohibited Conduct

The following non-academic misconduct is subject to disciplinary action:

A. Physical Harm

Intentionally or recklessly causing physical harm to any person.

B. Harassment

The term “harassment” means conduct that, in the aggregate, is sufficiently pervasive, persistent, or severe that a reasonable person with the same characteristics of the victim of the conduct would be adversely affected to a degree that interferes with their ability to participate in or to realize the intended benefits of an institutional activity, employment, or resource. It may consist of written, electronic, verbal, and/or physical acts. It is also defined as using abusive language, including electronic communication, tending to incite an immediate breach of the peace to any person, persistent following or stalking of a person, or engaging in a course of conduct or repeatedly committing acts that cause mental or physical harm to another person.

“Stalking” means a course of conduct (including electronic stalking) directed at a specific person that is so pervasive, persistent, or severe that it would cause a reasonable person to fear for their or others’ safety, or to suffer substantial emotional distress. Electronic Stalking occurs when a person, without the consent of the owner or except as otherwise authorized by law, places any electronic tracking device on the property of another person, with or without the intent to surveil or for any other unlawful purpose. Alabama law prohibits electronic stalking pursuant to Alabama Code §13A-6-95 through § 13A-6-96, inclusive."

C. Discriminatory Harassment

The term “discriminatory harassment” refers to intentional behavior, including, but not limited to, written, electronic, verbal, or physical acts that denigrate or show hostility toward an individual on the basis of race, color, national origin, sex, pregnancy, sexual orientation, gender identity, gender expression, religion, age, genetic information, disability, protected veteran status, or any other applicable legally protected basis. Such behavior must be unwelcomed and sufficiently pervasive, persistent, or severe that a reasonable person with the same characteristics of the victim of the conduct, in the aggregate, would be adversely affected to a degree that interferes with their ability to participate in or to realize the intended benefits of an institutional activity, employment, or resource.

D. Violation of the Sexual Misconduct Policy

The term “sexual harassment” includes, but is not limited to, verbal or non-verbal conduct that a reasonable person would find intimidating, demeaning, hostile, or offensive with an inappropriate focus on sex, sexual history, individual gender-based characteristics, or sexual orientation; unwelcome verbal or physical advances; attempts to subject a person to unwanted sexual attention or to coerce a person into sexual relations; and/or retaliation for a refusal to comply with sexual demands. Said conduct must be unwelcome and must be so severe and pervasive that it has the purpose or effect of interfering with an individual’s educational experience or creating an intimidating, hostile, or offensive learning environment. Sexual harassment is a form of sex discrimination. See the USA Sexual Misconduct Policy in the Lowdown or the Title IX website.

E. Safety

Engaging in activities that threaten the safety of the campus community. Activities that “threaten the safety of the campus community” include, but are not limited to:

Intentionally or recklessly misusing or damaging fire or other safety equipment;
Unauthorized use or possession of fireworks or incendiary, dangerous, or noxious devices or materials that have not been authorized by University officials;
Illegal use, possession, discharge, or storage of any weapon that has not been authorized by University of South Alabama policy or state/federal law;
Intentionally initiating or causing any false report, warning, or threat of fire, explosion, or other emergency.

F. Disorderly Conduct

Disorderly conduct may include, but is not limited to:

Engaging in fighting or in violent tumultuous or threatening behavior.
Making unreasonable noise.
In a public place, using abusive or obscene language or making an obscene gesture.
Without lawful authority, disturbing any lawful assembly or meeting of persons.
Obstructing vehicular or pedestrian traffic or a transportation facility.
Congregating with another person in a public place and refusing to comply with a lawful order of the police to disperse.

G. Indecent Conduct

Intentional exposure of the genitals, buttocks, or female breasts or committing or attempting to engage in a sexual act in public.

H. Disrupting University Functions

Intentionally or recklessly interfering with normal University functions, University-sponsored activities, student organization sponsored activities or any function or activity on University premises.

I. Theft

Theft of property or services, or knowingly possessing stolen property or knowingly benefiting from the use of stolen services. Theft also includes the misuse of property or services or knowingly benefiting from the misuse of property and services.

J. Property Damage

Property damage may include, but is not limited to, vandalism, graffiti, or unauthorized alterations to university buildings such as classrooms, residence halls, and common areas, or damage to personal property, including, but not limited to, furniture, equipment, outdoor property, such as signs, benches, athletic fields, and landscaping, vehicles, golf carts, or personal transportation items, whether owned by the University or private individuals.

K. Computer Misuse

Intentional disruption of University computer systems, use of University computer systems to engage in illegal activity, unauthorized alteration, disclosure, or destruction of University computer systems or material, improper access to University computer files and systems, or violation of copyright or proprietary material restrictions connected with University computer systems, programs, or materials. The term “intentional” means a conscious objective to engage in the described conduct; intoxication is not a defense to a charge of intentional misconduct.

L. Forgery

Alteration, misrepresentation, or misuse of any document or instrument of identification.

M. Misrepresentation

Providing false or misleading information to the University.

N. Failure to Comply

Non-compliance with the directions of University officials, including faculty, staff, student employees, and campus police officers acting in the performance of their duties and failure to identify themselves to those persons when requested to do so. This includes but is not limited to, No-Contact Directives, Temporary Suspension, RSO Cease and Desist, etc.

O. Interfering with Expression/Operations

Intentionally and materially interfering with the freedom of expression of others. Intentionally or recklessly interfering with normal University functions, University sponsored activities, or any function or activity on University premises including, but not limited to studying, teaching, public speaking, research, University administration, or fire, police, or emergency services.

P. Unauthorized Presence

Presence on or use of University premises, facilities, or property, or that of another person, without permission.

Q. Controlled Substances

Unauthorized manufacture, distribution, possession, or use of any controlled substance, illegal drug, or drug paraphernalia, as defined by Alabama law, or any substance that mimics the effects of the previously mentioned.

R. Intoxication (under 21)

Appearing in a public or private place manifestly under the influence of a controlled or other intoxicating substance to the degree that there is danger to self, others, or property, or there is unreasonable annoyance to persons in the vicinity.

S. Intoxication (21 or over)

T. Violation of the University Alcohol Policy

Possession or use of alcoholic beverages by individuals without authorization; providing alcoholic beverages to individuals less than 21 years of age or unauthorized possession of alcoholic beverages for purposes of distribution.

U. Hazing

Hazing activities are prohibited by the University of South Alabama, Alabama Code Section 16-1-23, and the Stop Campus Hazing Act. Examples of activities falling within the definition of hazing include, but are not limited to, the following:

Striking member/new member/aspirant of an RSO or other student group (e.g., band, athletic team, etc.) by any method.
Physical activity or communications that cause excessive fatigue or fear.
Depriving member/new member/aspirant of an RSO or other student group (e.g., band, athletic team, etc.) of sleep (minimum six hours uninterrupted per night), decent meals, or the opportunity to maintain bodily cleanliness (uninterrupted and private).
Scavenger hunts, road trips, quests, treasure hunts, abandonment, or kidnapping. This restriction on road trips cannot be avoided by having the member/new member/aspirant meet at a certain location. Special permission for trips or travel events may be granted through the Office of Student Affairs.
Morally degrading or humiliating games or activities.
Requiring member/new member/aspirant to consume alcohol, drugs, or revolting substances such as, but not limited to, salt water, excessive amounts of water, raw eggs or meats, onion, or garlic.
Jeopardizing academic performance by depriving reasonable study time or prohibiting member/new member/aspirant from completing any requirement necessary to achieve academic success.
Requiring or encouraging member/new member/aspirant to participate in any activity that is illegal, immoral, contrary to the individual’s religious beliefs, indecent, or perverse, such as theft, vandalism, public profanity, lewd conduct, public nudity, or performance/imitation of sexual acts.
Any willful action taken or situation created whether on or off any University or other education premises, that recklessly or intentionally endangers the mental or physical health of any student.
Forcing member/new member/aspirant to wear blindfolds during any activity.
Depriving member/new member/aspirant of immediate access to any prescribed medicationsor failing to recognize dietary restrictions.
Confinement to small spaces, extreme darkness, or bright lighting.
Exposure to the elements, or wearing special attire/uniforms in extreme weather conditions not expected in the normal function of RSO operations.
Unauthorized or forced use of a member/new member/aspirant’s university resources or propert

V. Aiding or abetting in any violation of this Code.

W. Intentionally filing a false complaint under this Code.

X. Violating the terms of any disciplinary sanction imposed in accordance with this Code.

Y. Unlawful Violation

Violation of a federal, state, or local law or ordinance or benefitting from the same.

Z. University Violation

Violation of any approved University rules, regulations, or policies.