This section provides information on the specific actions and behaviors which are prohibited by the Student Code of Conduct.

2.1. Standards Related to Academic Integrity

One of the College’s Core Themes is Instructional Excellence, and in order to achieve instructional excellence, academic integrity must be upheld. Academic Integrity is the “commitment to five fundamental values: honesty, trust, fairness, respect, and responsibility. … these five values, plus the courage to act on them even in the face of adversity, are truly foundational to the academy” (The Fundamental Values of Academic Integrity, 2013).

2.1.1. Academic Honesty - Representing one’s own learning, ideas, and work with integrity. The following actions represent violate the College’s expectations of Academic Honesty and constitute Academic Dishonesty. Academic Dishonesty includes, but is not limited to: Submitting the work of another person or entity as your own. Intentionally using or attempting to use any unauthorized assistance, including, but not limited to, materials, notes, study aids, devices, or communication of any kind during an academic exercise, including, but not limited to, quizzes, tests, or examinations. Use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments. The acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff. Engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class instruction. Submitting work which has been submitted, in whole or in part, in a previous or concurrent class without instructor approval. Preparing or providing work with the knowledge or intention that it may be represented as the work of another. Sharing or disseminating tests, notes, slides, presentations, recordings, or any other material which is the intellectual property of an instructor or of the College without prior approval, when prohibited. This does not prohibit a Student from sharing their own papers, notes, or other written works in accordance with Article Falsifying, misrepresenting, or fraudulently presenting academic work. Using the work of another without giving proper credit and citation of source material using an approved style. Attempting to obtain a grade or other academic credit through improper means or otherwise subverting the educational process by any means whatsoever. Soliciting, assisting, concealing, or attempting any act of academic dishonesty.

2.1.2. Maintenance of the Learning Environment – The College is committed to educational excellence and recognizes that to achieve that excellence, learning must occur in a safe environment which limits disturbances and is civil in all aspects of interaction. Behavior that has a negative impact on the learning environment is prohibited and includes, but is not limited to: Disruption, obstruction, or behavior which interferes with teaching and/or learning processes including: Communication or noise that is inappropriate in form or timing.  Examples include, but are not limited to; offensive comments, acting in a hostile or aggressive manner, questioning the authority and/or credentials of the instructor, off topic comments or posts on discussion boards,  listening to music, talking out of turn, or talking over others. Behavior that distracts others in the learning environment may include persistently arriving late or leaving early, use of technology that is inappropriate or distracting, or intentionally distracting others. Behavior that interferes with the ability of others to participate in the learning environment or incites other to do so. Incivility - Behavior that is disrespectful and causes members of the community to believe they are unable to express their views, when such expression would otherwise be appropriate given the context of the learning environment. Failure to comply, within a learning context, includes, but is not limited to, Failure to comply with the directions of an instructor or other authorized leader of a learning experience who is performing their duties. Failure to comply with any published reasonable guidelines, policies, procedures, or regulations for the learning environment. Repeated Violations – An alleged third, or more, violation of any part of Article 2.1. of the Student Code of Conduct may be addressed as an independent violation by the Academic Integrity Committee.

2.2. Offenses Relating to Sexual Harassment

2.2.1. Sexual Assault – Any nonconsensual sexual act classified as a forcible or nonforcible offense under the uniform crime reporting system of the Federal Bureau of Investigation, including when the victim lacks capacity to consent.

2.2.2. Dating Violence – Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and/or the frequency of interaction between the persons involved in the relationship.

2.2.3. Domestic Violence – Felony or misdemeanor crimes or allegations of crimes of violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, a person similarly situated to a spouse of the victim under the domestic or family violence laws of Idaho, or any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. 

2.2.4. Stalking – engaging in a course of conduct (repeated acts of nonconsensual contact involving the victim or a family or household member of the victim) directed to a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.  

2.2.5. Forcible Fondling – Intentional or attempted contact with the private body parts of another person without consent.

2.2.6. Indecent Exposure – Intentional display of a person’s genital area, buttocks, or other area as specified by local, state, tribal, or federal law, with the intent or foreseeable consequence of causing or forcing another person to observe said area against said person’s will.

2.2.7. Other Acts of Sexual Misconduct – Any other act of a sexual nature which disrupts or negatively impacts the educational mission of the College, including but not limited to public displays of pornography; possession, creation, or distribution of child pornography; the exchange of money, goods or services in exchange for any sexual activity; sexual exploitation; causing another person to witness or observe any sexual act without clear, voluntary consent; videotaping, photographing or otherwise recording sex acts without the clear, voluntary consent of all individuals involved; or sexual activity between persons who are related to each other within the degrees wherein marriage is prohibited by law.

2.2.8. Retaliation – Any act of reprisal, including intimidation, threats, coercion, or discrimination, related to the reporting of, or participation in, any complaint or adjudication of alleged sexual harassment.

2.3. Offenses Related to Persons

2.3.1. Acts of Violence Physical Assault or Abuse – Any action which serves to cause physical harm to another person or which may reasonably be expected to cause physical harm to another person or which causes reasonable fear that physical harm will be done to another person. Violent Disruption or Incitement – Any violent action taken with the intent of disrupting any College function, action, or operation or any behavior which serves to direct, encourage, support, or otherwise motivate others to take violent action, regardless of the outcome. This policy shall not be construed to restrict the legal exercise of protected free speech.

2.3.2. Threats - Any statement or action which clearly communicates, or which a reasonable person would interpret as, a threat of, or intent to commit, an act of violence regardless of the method of communication.

2.3.3. Hazing – Any action required of, suggested to, or imposed upon current or potential members of a group which produces, or is reasonably likely to produce, bodily harm, humiliation, ridicule, substantial interference of academic efforts, significant impairment, or endangerment of physical, mental, or emotional well-being, regardless of the consent of the participants.

2.3.4. Harassment Unreasonable Conduct – Intentional conduct which both does cause a person distress or fear and would cause a reasonable person distress or fear. No threat or overt act of violence is required for conduct to be unreasonable. Bullying – Any intentional, repeated, and aggressive act, whether physical, verbal, or otherwise communicated with the intent to cause another person physical, mental, or emotional harm or which is intended to coerce an individual to act or refrain from acting. Harassment via Technology – Use of electronic or other technology, without a valid purpose, to intentionally intimidate, embarrass, ridicule, or humiliate another person. This includes the creation or distribution of video, audio, or photographic files without the consent of all parties recorded or photographed which could foreseeably intimidate, embarrass, ridicule or humiliate and does cause another person to be intimidated, embarrassed, ridiculed, or humiliated.

2.3.5. Reckless Disregard – Any act taken without due concern for the risk it presents to others.

2.4. Offenses Related to Property

2.4.1. Willful or Malicious Damage or Destruction of Property – Any intentional or reckless action which results in the damage or destruction of property owned by another person, entity, or the College.

2.4.2. Arson – Any intentional or negligent action which causes or is likely to cause a fire in any building, area, or open space not specifically designed or intended for that purpose, regardless of the extent or lack of damage to buildings, grounds, or property.

2.4.3. Reckless Conduct Presenting a Danger to Property – Any intentional act which presents a significant risk of damage to property.

2.4.4. Trespassing – Entry into any location, space, building, or room where entry is prohibited, either by posted sign, locked door, written or oral directive, or other clear restriction.

2.4.5. Unauthorized Entry – Entry into any building, room, location, or space where a person does not have a reasonable expectation of access or right of entry or where the conditions of authorized entry, such as payment or presentation of proper identification, have not been met.

2.4.6. Misuse of Emergency Reporting Systems – Activating any emergency response system, including emergency call boxes, fire alarm pull stations, the 911 reporting system, or any other system designed for use in reporting an emergency, when no emergency exists.

2.4.7. Theft Stealing – Taking property which belongs to another person or entity without authorization, payment, or other explicit permission. Fraud – Attempting to defraud by means of deception, bad checks, forged or stolen credit or ID cards, possession or use of counterfeit currency, or other means. Identity Theft – Using the identity of another person or entity, including the use of state identification, with the intent of misrepresenting oneself as another for any reason.

2.4.8. Vandalism – The intentional defacement of public or private property, including posted signs, notices, and approved flyers.

2.5. Offenses Related to Health, Welfare, or Safety

2.5.1. Weapons Explosives – Possessing, carrying, or using any device which is intended or designed to explode or any device which a reasonable person would believe, either through appearance, markings, or otherwise, to be a device intended or designed to explode without a valid educational purpose. Firearms – Possessing, wearing, carrying, transporting, or using firearms on College premises, except for authorized law enforcement officers, authorized campus security officers, and persons licensed to carry an enhanced concealed weapon permit under the provisions of Idaho Code § 18-3302K.  No person shall carry a concealed firearm when intoxicated or under the influence of drugs or alcohol. Objects Perceived as Firearms – Possessing, carrying, or using an airsoft, BB, paintball, pellet, or water gun, or any other object which a reasonable person may believe to be a firearm, due either to appearance, situation, markings, or other means, on College premises. Knives – Possessing, carrying, or using any knife with a blade longer than 2.5 inches anywhere on College premises without a valid educational purpose, or the use of a knife in any manner alleged to be inconsistent with applicable laws, including the concealed carry of a knife without a permit, regardless of location. Other Dangerous or Deadly Weapons – Possessing, carrying, or using ammunition, arrows, batons, blow-darts, blow-dart guns or tubes, bows, brass knuckles, nunchuks, sling shots, swords, or other dangerous or deadly weapons on College premises or the use of any other dangerous or deadly weapons in any manner alleged to be inconsistent with applicable laws, regardless of location.  A dangerous or deadly weapon means a weapon, device instrument, material, substance, or biological agent that is used for, or is readily capable of, causing death or serious bodily injury. Any Object Intended for Use as a Weapon – Possessing, carrying, or using any object intended for use as, or used as, a weapon, regardless of the original purpose of the object. Misuse of Personal Safety Devices – Students are permitted to carry pepper spray, stun guns, and other legal personal safety devices not otherwise prohibited; however students choosing to carry such devices are responsible for ensuring that they are properly secured and maintained and only used in cases of emergency.

2.5.2. Threats to the Safety of Others Bomb Threats – Communicating the existence of an explosive device, placed in any location, to any individual or entity, by any method, whether or not the communication is accurate, for any purpose other than a legitimate concern for the safety of persons or property. Tampering with Safety Equipment – Tampering with, disabling, or damaging alarms, cameras, defibrillators, electronic surveillance equipment, extinguishers, fire sensors, first aid kits, pull stations, sprinklers, smoke detectors, or other safety equipment. Tampering with Entries or Exits – Tampering with doors, door alarms, door locks, door handles, elevators, push bars, windows, window alarms, window locks, window screens, or other devices designed to provide entry, exit, or security for any College building. Failure to Evacuate – Failing to evacuate any building after an alarm has been activated or notice has otherwise been given of a fire, fire drill, false alarm, or other order to evacuate.

2.5.3. Controlled Substances Manufacture or Production – The manufacture or production of any controlled substance, regardless of intended use. Sale or Distribution – The sale or distribution of any controlled substance, with or without the exchange of money, goods, or services, including possessing a controlled substance with the intent to sell or distribute.  Intent may be established by the presence of paraphernalia commonly associated with distribution, by the manner in which the substances are packaged, or by the volume of the substance possessed. Driving Under the Influence– Operating any vehicle while under the influence of any controlled substance, including alcohol, except as prescribed and directed by a medical professional. Use or Possession – The use or possession of any controlled substance without legal authorization. Misuse of Medication – Knowingly misusing legally prescribed medications or using non-prescription medications in a manner other than their directed use. Possession of Paraphernalia – The possession of any item primarily intended for, designed for, or which can be demonstrably linked to, the manufacture, sale, distribution, use, or possession of a controlled substance. Such items include, but are not limited to, bongs, bowls, grinders, pipes, scales, and vaporizers.

2.5.4. Alcohol Sale – The sale of alcohol either directly or indirectly without a license. Providing Alcohol to a Minor – Purchasing, serving, supplying, or otherwise providing alcohol to a person under the legal age permitted by the State of Idaho. Underage Possession or Consumption – Possessing, carrying, consuming, or being under the influence of alcohol while under the legal age permitted by the State of Idaho. Public Intoxication – Any action taken under the influence of alcohol which requires intervention by members of the College community, law enforcement, medical staff, or other persons to ensure the health, safety, or physical well-being of the student in question, another individual, or property or to prevent disruption of normal operation of the College or another entity. Public Consumption – Consuming alcohol or possessing or carrying an open container containing alcohol in any public space, including anywhere on College premises, except as specifically authorized.

2.5.5. Disorderly Conduct – Acting in an unreasonable manner which has the potential to disturb or alarm another person or to provoke a breach of the peace.

2.5.6. Smoking – Use of a pipe, cigar, cigarette, chewing tobacco, or other smoking device, including e-cigarettes, vaporizers, and other inhalation-based nicotine delivery devices on any College premises, unless inside a private vehicle which is at least 50 feet from any building located on College premises, or other any other action which violates the CWI Smoke-Free Campus Policy.

2.6. Offenses Related to the Operation of the College

2.6.1. Misuse of Resources – Use or misappropriation of College space, facilities, funds, supplies, equipment, labor, material, or other resources without authorization.

2.6.2. False Information – Knowingly providing false information to a College official.

2.6.3. Failure to Comply – Failing to comply with the directions of any College or public official who has identified themselves while acting in the performance of their duties or failing to comply with any sign, requirement, notice, or directive that has been posted by an agent of the College.

2.6.4. Misuse of College Documents – Forgery, alteration, or other misuse of College documents or records.

2.6.5. Misuse of ID Cards – Loaning, borrowing, altering, or replicating College, state, or federal ID cards or failing to present or surrender a College ID card upon the request of a College or public official.

2.6.6. Business Activities – Attempting, directly or indirectly, to sell any item or thing of value, or engaging in any other business activity on campus without written authorization. Registered student clubs must receive authorization from Student Engagement prior to engaging in business activities.

2.6.7. Solicitation – Requesting, directly or indirectly, money, physical or intellectual property, or any other thing of value, without written authorization.

2.6.8. Responsibility for Guests – All students are responsible for the behavior of any individuals they may invite or otherwise bring to campus, including assuring compliance with all College policies and procedures.  This includes the expectation that students will supervise, or otherwise provide for the supervision of, any minor children whom they bring to campus for any reason, unless that minor child is a Student. Guests, including the children of enrolled students, are not permitted to attend class with a student without prior authorization.

2.6.9. Operating an Unregistered Club or Organization – Operating an unregistered student organization which represents itself, either through name, action, or other means as being affiliated with the College or which utilizes services or resources reserved for clubs and organizations without authorization.

2.7. Offenses Related to Information Technology

2.7.1. Unauthorized Access of Resources – Unauthorized access or attempted access of any electronic resource to alter, duplicate, read, transfer, or otherwise use the contents for any purpose.

2.7.2. Interfering with Access or Operations – Any technological attempt to interfere with the work of any member of the College community or any attempt to interfere with the normal operations of the College’s technological infrastructure.

2.7.3. Malicious Software or Hardware – Knowingly or intentionally installing, allowing to be installed, or attempting to install a computer virus, any other malicious hardware or software, or hardware intended to monitor usage, subvert one or more security measures, or degrade the efficiency of computing systems.

2.7.4. Technology Use Agreements – Violations of any provision of a College hardware or software use agreement.

2.7.5. Other Information Technology Policies – Violation of any other computer or network use policies not listed above.

2.8. Acts Against the Administration of the Code

2.8.1. Failing to Comply with Interim Actions – Failure to comply with the requirements imposed in conjunction with an interim action as described in Article 3.

2.8.2. False Complaints – Initiating a complaint or charge with knowledge that no such violation has actually occurred or without evidence to reasonably suggest the commission of a violation of this Code. A determination that no violation has occurred, alone, is not sufficient to conclude that a student made a false complaint.

2.8.3. Discouraging a Complaint – Discouraging or attempting to discourage any person from filing a complaint alleging a violation of this Code.

2.8.4. Influencing a Witness – Any intentional act which attempts to discourage, interfere with, or otherwise alter or inhibit the testimony of any person identified as a witness in any adjudication.

2.8.5. Influencing a Code Officer – Any intentional act which attempts to intimidate or influence an administrative hearing officer, limited hearing officer, appeals officer, or other person charged with administering any portion of this Code.

2.8.6. Retaliation – An act taken against an individual, including threats, intimidation, coercion, or discrimination, due to their participation in the procedures set forth in this Code.

2.8.7. False Statement – Knowingly providing information for use in any adjudication which is known or believed to be false, with the intent to deceive.

2.8.8. Noncompliance – Failing to comply with a sanction or any provision, limitation, or other restriction issued in conjunction with a completed or ongoing adjudication.

2.9. Other Acts of Misconduct

2.9.1. Aiding and Abetting – Persons assisting in any violation of this Code may be subject to adjudication.

2.9.2. Knowingly Present – Any person who is knowingly present for the commission of a violation and does not take steps or to remove him or herself from the location of the violation, or to report the violation, may be subject to adjudication.

2.9.3. Alleged Violation of Local, State, Tribal, or Federal Laws – Any act not specifically addressed by this Code but which may violate local, state, tribal, or federal law is subject to adjudication under this Code regardless of whether it is investigated by civil or criminal authorities or the subject of any legal proceeding.

2.9.4. Violations of College Policy – Violations of any other approved and posted College Policy.

2.10. Offenses Related to Student Organizations

While the freedom of students to associate is guaranteed, the College has the right to regulate organizations which are affiliated or otherwise associated with The College of Western Idaho. 

2.10.1. Misuse of Resources – Use or misappropriation of College space, facilities, funds, supplies, equipment, labor, material, or other resources which are not available to the general public or which have not been reserved or otherwise authorized.

2.10.2. Organizational Hazing - Any action required of, suggested to, or imposed upon current or potential members of a group which produces, or is reasonably likely to produce, bodily harm, humiliation, ridicule, substantial interference of academic efforts, significant impairment, or endangerment of physical, mental or emotional well-being, regardless of the consent of the participants.

2.10.3. Responsibility for Guests and Events – Failing to properly control the activities and behaviors of guests, speakers, vendors, and other entities who are invited by the organization to facilitate or otherwise execute an event, including failing to assure guest compliance with all College policies or procedures, or failing to properly plan an event to ensure the safe and orderly execution of the event.

2.10.4. Violations of the Club Handbook – The policies set forth in the Club Handbook apply to all Registered Student Clubs, events planned by those organizations, and members or other students acting on behalf of those organizations.