1.1 STUDENT RULES AND REGULATIONS.
(Amended 8/12/10)

University of Iowa students are responsible for knowing and abiding by the rules and regulations set forth in the current version of the Policies and Regulations Affecting Students available from the Office of the Dean of Students. Students should also be aware of the Board of Regents Uniform Rules of Personal Conduct in the Iowa Administrative Code [681]9.1(262).

The Operations Manual frequently references the Code of Student Life and the Student Judicial Procedure, and therefore both have been reproduced below.

1.1(1) Code of Student Life
a. Introduction. As expressed in the IOWA Challenge, University of Iowa students are called to excel academically, stretch to embrace diversity, engage in positive student life and leadership, choose a healthy lifestyle, and serve the community.

In order to maintain a safe campus where students can meet the IOWA Challenge, The University of Iowa has adopted the Code of Student Life. The Code of Student Life sets forth standards of student behavior and conduct necessary for the maintenance of a campus where ideas are freely exchanged, University property and processes are safeguarded, and conflicts are peacefully resolved. Each University of Iowa student has an obligation to know and adhere to the Code of Student Life, and each University of Iowa student shall be conclusively presumed to have knowledge of the contents of the Code of Student Life from the date of the student's initial registration at the University.

Pursuant to the Iowa Administrative Code, the President is the Chief Administrative Officer for The University of Iowa. The President has nominated, and the Board of Regents has appointed, a Vice President for Student Life with overall responsibility for student-related matters, including but not limited to student conduct and discipline. The Vice President for Student Life has, in turn, delegated considerable authority for the establishment of rules and handling of violations to the Dean of Students. The Dean of Students has also granted some discretion for establishing rules and handling certain rule violations to the professional staff of University Housing and Dining.

In accordance with the authority granted to the Dean of Students, the following student conduct rules are set forth.

b. Definitions. The following definitions shall apply to the Code of Student Life:

1. The term "campus" means property owned, leased, used, or controlled by The University of Iowa, and also includes streets, sidewalks, and pathways adjacent to or in the immediate vicinity of University property.

2. The term "student" means all persons:

(a) admitted to any academic program;

(b) registered or enrolled in courses at the University, either full-time or part-time, including (but not limited to) distance-learning courses);

(c) not currently enrolled for a particular term, but who have a continuing relationship with the University; or

(d) enrolled in a University-sponsored program, including (but not limited to) orientation, study abroad, or the 2 Plus 2 plan.

3. The term "University" means The University of Iowa, as well as any affiliated programs and campuses, including (but not limited to) University programs or campuses located outside of the state of Iowa.

4. The term "weapon" means serviceable firearms, ammunition, explosives, fireworks, or other dangerous articles, paintball markers and other devices that fire projectiles, and devices that resemble serviceable weapons such as a pellet gun or toy gun that a reasonable observer would believe to be a handgun.

c. Scope. The Code of Student Life covers acts of University students occurring on campus, as well as on property owned, leased, or controlled by a fraternity, sorority, or student organization. The Code of Student Life also covers conduct and behavior occurring off campus, including online behavior, which affects a clear and distinct interest of the University as determined by the Dean of Students. In exercising this jurisdictional discretion, the Dean will establish if the behavior negatively impacts the achievement of the University's academic goals, the safety and freedom of individuals, or the orderly operation of the University. Without attempting to be exhaustive, the following are examples of situations that could affect a clear and distinct interest of the University:
(1) conduct occurring at a University-sponsored activity or sporting event;

(2) conduct occurring while the accused or complainant was acting in an official capacity for the University;

(3) conduct which constitutes a violation of federal, state, or local law or ordinance;

(4) conduct which violates University rule or policy; and

(5) conduct which demonstrates a threat to campus safety and security.

Violations of this policy involving violent conduct, alcohol, or drugs occurring in Johnson County, Iowa, are presumed to affect a clear and distinct interest of the University.

The Code of Student Life applies whether or not the University is in session. The Code of Student Life is applicable to a student from the time of application for admission through the actual awarding of a degree, even though the conduct which violates the policy may not be discovered until after a degree is awarded. Withdrawal of an accused student while a disciplinary matter is pending shall not defeat jurisdiction under this section. In addition, conduct which violates the Code of Student Life and engaged in prior to admission or after withdrawal from the University may be taken into account in decisions on admission or readmission, and may also be grounds for filing disciplinary charges after admission or acceptance into a program.

In those cases where a complaint for misconduct in violation of the Code of Student Life is filed against an individual not currently registered as a student, the complaint may proceed to adjudication or the Dean of Students may elect to restrict the individual's registration and resolve the complaint later when the individual seeks to reenroll. In the event that an individual named in a complaint has satisfied the academic requirements for a graduate or undergraduate degree, the individual may not receive his or her degree until the complaint is resolved. Proceedings under the Code of Student Life may be initiated against students charged with a violation of a federal, state, or local law or ordinance. Proceedings under the Code of Student Life may be carried out prior to, simultaneously with or following civil or criminal proceedings. Decisions about the timing of University proceedings will be within the sole discretion of the Dean of Students.

d. Prohibited conduct. Any student found to have committed any of the following acts within the scope of this policy as it is defined in paragraph c above shall be subject to discipline by the University.

1. Dishonesty.
(a) Academic misconduct. Any dishonest or fraudulent conduct during an academic exercise, such as cheating, plagiarism, or forgery, or misrepresentation regarding the circumstances of a student's non-attendance, late assignment, or previous work or educational experience, or aiding or abetting another person to do the same. "Dishonest" conduct includes, but is not limited, to attempts by students to cheat or misrepresent, or aid or abet another person to do the same, whether or not the attempts are successful. Academic exercises covered by this rule include classroom assignments (such as examinations, papers, or research) and out-of-classroom activities (projects, practicum, internship and/or externship assignments off campus, or University employment, for example) that are related to an academic program at or through the University. A "classroom" can be a lecture hall, discussion room, laboratory, or clinic, for example. The acquisition of honors, awards, or degrees, or academic record notations, course enrollments, credits, or grades, or certifications (including language proficiency or professional licensure or other endorsement) by any dishonest means is strictly prohibited. Resolution of academic misconduct complaints will be handled within the college or department concerned, with provision for review (see Policies and Regulations Affecting Students, Part II-C Academic Misconduct).

(b) Collusion. The aiding, abetting, assisting, or attempting to aid or assist another student to commit a violation of any rule(s) in the Code of Student Life.

(c) Use of fabricated or falsified information. The furnishing of false information to any University employee, faculty member, or office, as well as the forgery, alteration, or misuse of any University document, record, or identification.

(d) Bribery. Offering or causing to be offered any bribe or favor to any University employee or faculty member in an attempt to influence a decision or action.

2. Interference with University operations.
(a) Failure to comply with University directive. A failure to comply with directions of any member of the University faculty or staff acting in the performance of the faculty or staff member's duties, or a failure of the student to identify himself or herself to a University faculty or staff member when requested to do so.

(b) Disruption of University activities. Disruption or obstruction of teaching, research, operation, administration, access to facilities, pedestrian or vehicular traffic, emergency services, investigations, disciplinary proceedings, or other University activities on or off campus. This rule also prohibits the disruption of authorized non-University activities on campus. Inciting others to participate in the disruption of University activities also violates this section.

(c) Demonstrations inside University property. Protests or demonstrations within the interior of any property owned, leased, or controlled by the University, except as specifically authorized by the University and subject to reasonable conditions imposed to protect the rights and safety of other persons and to prevent damage to property.

(d) Disruption in a classroom or other instructional setting. Willful failure to comply with a reasonable directive of the classroom instructor or other intentional conduct that has the effect of disrupting University classroom instruction or interfering with the instructor's ability to manage the classroom. When disruptive activity occurs, a University instructor has the authority to determine classroom seating patterns or require that a student exit the classroom, laboratory, or other area used for instruction immediately for the remainder of the period. Instructors who impose a one-day suspension are asked to report the incident to appropriate departmental, collegiate, and Student Life personnel.

(e) Disruption of safety. Tampering with or improper activation of a fire alarm; false reporting of an emergency or terroristic threat in any form; issuing a threat of a bomb or use a chemical or biological agent.

(f) Trespassing. Unauthorized entry into or occupation of any University room, building, or area of the campus, including such entry or occupation at any unauthorized time, or any unauthorized or improper use of any University property, equipment, or facilities. Unauthorized possession, use, or duplication of University keys, cards, codes, or other methods of access also violates this rule.

(g) Abuse of the student conduct system. Disruption or interference with the orderly conduct of a proceeding governed by the Student Judicial Procedure (see IV-1.1(2) below); falsification, distortion, or misrepresentation to a University investigator, official, or hearing officer as part of the Student Judicial Procedure; and failure to comply with interim or final sanction(s) imposed pursuant to a complaint and hearing governed by the Student Judicial Procedure.

(h) Violative conduct. Any conduct or action in which the University can demonstrate a clear and distinct interest as an academic institution and which seriously threatens (1) any educational process or other legitimate function of the University, or (2) the health or safety of any member of the academic community.

3. Violations of law or policy.
(a) Violation of University policy. Violation of any University policy, rule, or regulation published in hard copy or available electronically on the University website. A violation of a rule, policy, or regulation of a department, residence hall, office, facility, or of a rule, policy, or regulation of the Board of Regents, State of Iowa, also violates this section.

(b) Misuse of information technology (IT) resources. Violations of the University's Acceptable Use of Information Technology Resources policy( see II-19); disruption of access of other students, faculty, or staff members to University computer and IT resources; obtaining or using a password or account assigned to another person without permission from that person; use of University computer and IT resources to interfere with the rights of others, including damaging programs or equipment belonging to another, sending harassing or threatening material, accessing confidential information without proper authorization, or duplicating copyrighted software unlawfully; or downloading from the internet and/or uploading to the internet a copyrighted music file or video file using University computer equipment, University IT, or the University network without express permission from the copyright holder. Attempts to commit any of the acts proscribed in this section violate this rule. Assisting another person to commit acts that violate this rule constitutes an independent violation of this section.

(c) Use or possession of weapons. Use or possession of weapons on campus or on property owned, leased, or controlled by a fraternity, sorority, or student organization.

(d) Illegal use or possession of alcohol. Consumption, possession, distribution, or sale of alcoholic beverages in violation of the law.

(e) Impermissible use or possession of alcohol. Consumption, possession, distribution, or sale of alcoholic beverages in violation of any University policy, including but not limited to rules relating to alcohol possession in residence halls or University buildings.

(f) Illegal use or possession of drugs. Consumption, possession, distribution, or sale of drugs, narcotics, or other controlled substances in violation of law.

(g) Impermissible use or possession of drugs. Consumption, possession, distribution, or sale of drugs, narcotics, or other controlled substances in violation of any University policy, including but not limited to rules relating to drug possession in residence halls or University buildings.

(h) Criminal conduct. A violation of any federal, state, or local law or ordinance.

4. Harm to persons or property.
(a) Theft/vandalism. Theft or attempted theft; burglary; unlawful possession of stolen property; attempted or actual unauthorized use of a credit card, debit card, student identification card, cell phone, personal identification number, University Bill account information, or personal check; willful destruction, damage, defacement, or mutilation of property which doesn't belong to the student; misuse or misappropriation of University property.

(b) Arson/fire violations. Intentional setting of fires in any University building or on the campus without proper authority; unauthorized tampering with or activation of fire prevention equipment in any University building or on the campus.

(c) Assault/harassment. Assaulting, threatening, stalking, physically abusing, unduly harassing, or otherwise endangering the health or safety of any person. Personal conduct perceived as threatening or harassing is considered a violation of the Code of Student Life under a "reasonable person" standard even if the student did not intend to discomfort the party who felt threatened or harassed.

(d) Hazing. Any intentional or unintentional reckless action or situation, with or without consent, that endangers a student or creates risk of injury, mental or physical discomfort, harassment, embarrassment, and/or ridicule for the purpose of initiation into, affiliation with, or as a condition for continued membership in any student organization, fraternity, sorority, or team recognized by the University of Iowa Student Government or by any other University sponsor or department. Hazing may occur on or off campus. Acts of hazing include, but are not limited to: compulsory alcohol or drug consumption; physical brutality; psychological cruelty; public humiliation; morally degrading activities; forced confinement; creation of excessive fatigue; required removal or destruction of public or private property; or any other activity that endangers the physical, mental, psychological, or academic well-being and/or safety of an individual.

(e) Unauthorized audio/video. Any actual or attempted unauthorized use of electronic or other devices to make an audio or video record of any person without prior knowledge or consent, when such a recording is likely to cause injury or distress to the subject of the audio or video record. Unauthorized photographs or video of a person in a locker room, restroom, or bedroom are examples of conduct which violates this rule.

e. Construction and amendment. These regulations shall be construed so as not to abridge any student's rights under the Constitution of the United States or the Constitution of the State of Iowa.

The code may be amended at any time by authority of the President of the University. Amendments are effective upon approval of the President and publication on the Dean of Students website, provided that students have been notified of the amendment by mass electronic mailing, which will be conclusively presumed as adequate notice to all students. A full and complete text of the Code of Student Life and other general University rules and regulations of personal conduct currently in effect, including all amendments, shall be on file in the Office of the Dean of Students at all times and shall be available for inspection by students.

1.1(2) Student Judicial Procedure

(Editor's note: The Student Judicial Procedure contains twelve subsections. Subsections 1, 2, 5, and 9 are printed below (paragraphs a-d). For subsections 3 (Investigation), 4 (Charge Procedure), 6 (Hearing), 7 (Appeal by Accused), 8 (Appeal by Charging Party), 10 (Interim Sanctions), 11 (Records), and 12 (Concurrent Criminal Charges), refer to Part II-B of Policies and Regulations Affecting Students, which is available in the Office of the Dean of Students. The Student Judicial Procedure is amended from time to time.)

a. Introduction. These procedures are designed to cover complaints against students based on alleged violations of the Code of Student Life and the policy on Sexual Misconduct Involving Students, Including Sexual Assault and Sexual Harassment (see IV-2) and Consensual Relationships Involving Students . Alleged violations of section 1 (academic misconduct) are handled under the procedures described in Policies and Regulations Affecting Students, Part II-C Academic Misconduct. Alleged violations of sections 2-17 are ordinarily resolved by the Dean of Students, who may assign responsibility to a designated department head or assistant. Procedures used to resolve residence hall misconduct complaints are described below in section H, Residence Hall Judicial System. Complaints of abuse of service privileges, such as overdue library books, parking violations, intramural sports infractions, and misuse of placement offices and computer services, are resolved within the particular department that provides the service in question. Persons with questions as to which University procedures apply to a particular situation may contact the Office of the Dean of Students or the University Ombudsperson for more information.

b. Complaint Procedure. Any person may bring a complaint against a student under these procedures based on an alleged violation of the Code of Student Life (see extent of jurisdiction in introduction). All such complaints shall be made to the Office of the Dean of Students. The Dean of Students shall designate a person to investigate and review the complaint and determine whether formal charges should be brought against the accused student (refer to subsection 3). The investigation may be delayed in the event that concurrent criminal charges are pending against the accused student (refer to 12). Depending upon the outcome of the investigation, complaints may be resolved in one of three ways: (1) informal agreement between the accused student and the investigator; (2) formal charges brought against the accused student at an administrative hearing; or (3) dismissal of complaint.

c. Rights at and Before Hearing. The student charged is granted by the Student Judicial Procedure the following rights at a hearing: (1) to present his or her side of the story; (2) to present witnesses and evidence on his or her behalf; (3) to cross-examine witnesses presenting evidence against the student as long as the questions are relevant, material, and not unduly repetitive; and (4) to be represented by an adviser at the student's expense (if any expense is entailed). Prior to the hearing, the student has a right to examine his or her disciplinary file in the Office of the Dean of Students. The student also has a right to know, upon request, which written documents or other physical evidence in the disciplinary file the University representative plans to present at the hearing. To examine the disciplinary file or learn what documents will be presented at the hearing, the student must make the request at least 2 University business days before the hearing is scheduled to take place.

The complainant has the following privileges at a formal hearing: (1) to testify on the issues raised by the complaint; (2) to be accompanied by a person who may advise him or her of the hearing process; (3) to remain in the hearing room following his or her testimony until all evidence has been presented; and (4) to be informed of the outcome of the hearing as permitted under federal laws governing confidential student record information.

d. Sanctions. The Vice President has the authority to impose any one or a combination of the following disciplinary sanctions if the student is found guilty by a hearing officer. The sanctions imposed will be those specified by the Vice President in the Notice of Hearing. The following are to serve as guidelines rather than as a definitive list of sanctions.

1. Disciplinary Warning: This is a strong, written warning that if there is a repetition of the same action or any other action in violation of the Rules and Regulations of the Code of Student Life, the student can expect additional disciplinary action. A record of the disciplinary action is kept on file.

2. Disciplinary Probation: When on disciplinary probation a student is not considered to be in good standing with respect to the non-academic disciplinary system and any further violations may lead to suspension or expulsion from the University.

3. Restitution: A student may be assessed reasonable expenses related to the misconduct. This may include, but is not limited to, the repair/replacement cost for any damage he or she causes to property or medical or counseling expenses incurred by the victim.

4. Educational Sanction: A student may be required to provide a specific service or participate in a specific program, receive specific instruction, or complete a research assignment. The student is responsible for related expenses, including expenses for education, counseling, or treatment, if any expense is entailed.

5. Exclusion from University Facilities or Activities: A student may be prohibited from attending a class, undertaking University employment, entering a building, participating in an extra-curricular activity sponsored by the University, representing the University in an official capacity, or using other services provided by the University. Such exclusion may be for a definite or indefinite period of time.

6. Disciplinary Suspension: A student may be involuntarily separated from the University for a stated period of time after which readmission is possible. A student with one or more violations may be suspended from the University for an indefinite period of time. A student suspended indefinitely may petition to the Dean of Students for reinstatement.

7. Expulsion: When a student has a record of serious violations, he or she may be dismissed from the University permanently.

8. Residence Halls Suspension: A student may be involuntarily separated from the residence halls indefinitely or for a stated period of time after which readmission is possible. Unless specifically permitted to do so by the Dean of Students, a student suspended from the residence halls is ineligible to use residence hall services, including board plans, and may not enter the residence halls.

When a student fails to respect the general conditions conducive to learning in violation of the Code of Student Life, the University's response will be corrective rather than punitive in order to ensure that the student may learn to exercise his or her freedom responsibly. In furtherance of the University's educational mission, corrective action requires that the offending student be held accountable and receive a second opportunity to demonstrate good character after a single minor violation. In those egregious cases where the demonstrated misbehavior is subversive to the learning process and cannot be tolerated, an individual may be separated from the University.

Taking responsibility for one's misconduct goes beyond acknowledging the wrongful conduct and entails the formal ratification of disciplinary measures that anticipate the possibility of additional misconduct. In assigning sanctions consistent with the Code's educational purpose, the principle of progressive discipline is paramount. Thus, increasingly harsh sanctions will be applied for additional violations regardless of whether the misconduct is similar in nature. Furthermore, counseling sanctions (e.g., drug education and community service) are not intended to serve as a substitute for status sanctions (i.e., warning, probation, and suspension).

For example, a student found guilty of a second offense after being placed on one-semester probation for the first violation can expect suspension or at least an extension of the probation, in addition to any counseling sanction.

Ordinarily, students found guilty of aggravated assault, threats with a weapon, sexual abuse, or selling illegal drugs are suspended or expelled from the University even if there are no prior sanctions on the student's record. Students guilty of offenses warranting probation may also forfeit their residential privileges. The following violations ordinarily result in a residence hall suspension regardless of the student's prior record: possession of illegal drugs, possession of a beer keg, false fire alarm, possession of a gun or other dangerous weapon, or an open flame violation. This list of offenses is not intended to be complete; other conduct not listed above may also warrant suspension from the University or from the residence halls.
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1.3 PHOTOGRAPHS FOR PUBLICATION.
Photographs, film, or video tapes for publication for commercial purposes may only be made of University programs, events, or activities in University buildings upon the invitation of or approval of the immediate supervisor of the program, event, or activity. If a decision to grant or deny invitation or approval is challenged, an appeal may be made to the vice president within whose responsibility the program, event, or activity is assigned.
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(IAC [ 681]12.7(4).)