The following conduct is prohibited by this Code. These violations are included in each section below and need not be cited separately. Lack of familiarity with University policy is not a defense to a violation of this Code. Unless specifically noted, intent is not a required element to establish a policy violation. Additionally, intoxication or impairment caused by use or consumption of alcohol, drugs, or other substances is not a defense to a violation of this Code.
The following conduct violations or any attempt to violate the Code will be used in charging all Students or Student Organizations.
a. Any conduct prohibited by FIU Regulation 105.
b. Assisting: Any affirmative act which aids, attempts, promotes, conceals, or facilitates any act prohibited by this Code.
c. Attempt: Attempt or intent to commit any violation outlined in the Code.
d. Alcohol
Students who choose to drink will be held fully responsible for their behavior while under the influence of alcohol. Loss of control due to intoxication does not excuse or justify a violation of the state law, University Policy, or the rights of others.
i. Possession, use and/or consumption of alcohol when under the legal drinking age as provided by Florida Law.
ii. Dispensing, selling or supplying alcoholic beverages to an individual who is under the legal drinking age as provided by Florida Law.
iii. Any violations of FIU Policy governing alcohol usage. See, FIU-Regulation 2505 Alcoholic Beverages.
iv. Use and/or possession of beer kegs and party balls or other common sources of alcohol.
v. Possession of open containers of alcohol or consumption of alcoholic beverages in public areas, such as balconies, courtyards or hallways.
vi. Public intoxication (e.g., appearing in a state of intoxication) and/or excessive drinking.
vii. Use and/or possession of devices designed for the rapid or excessive consumption of alcohol, including, but not limited to, funnels, ice luges, and beer bongs.
viii. Hosting or sponsoring a gathering where underage individuals are drinking alcohol.
ix. Unlawful manufacture, trade, and/or intent to sell alcohol.
x. Reporting to classes, work, or related assignments “under the influence” of alcohol.
xi. Violating any other University Policy while under the influence of alcohol.
e. Animals
The University allows individuals to bring animals on University Premises in accordance with federal laws. A service animal is permitted on campus grounds and within University buildings, including the University housing assignment provided to an individual with a disability. An emotional support animal is permitted on campus to accompany an individual into his or her University assigned residence in accordance with the U.S. Department of Housing and Urban Development.
i. Failing to obtain approval from Housing and the Disability Resource Center (DRC) for the Student’s emotional support animal (as defined by federal law) in a residence hall.
ii. Having an approved emotional support animal beyond authorized areas (i.e., within the residence halls and immediate access to outdoor areas).
iii. Failing to register the Student’s service animal (as defined by federal law) with the DRC if the Student resides on campus.
iv. Failing to properly control the service animal and/or emotional support animal such that the animal is disruptive, is not housebroken, or poses a safety or health concern.
v. Bringing pet dogs, cats, or other animals (except non-dangerous fish) to campus or being in possession of stray animals.
f. Bribery
Knowingly making an offer, gift, receipt, or solicitation of money, materials, goods, services or anything of value for the Student or others for the purpose of procuring or providing an advantage to which they are not otherwise legally entitled.
g. Computer Misuse
i. Unauthorized access, entry or use of a computer, computer system, network, software, password, account or data.
ii. Unauthorized alteration or degradation of computer equipment, software, network, data or system performance.
iii. Unauthorized copying or distribution of computer software or data.
iv. Unauthorized use, taking, or theft of University computer resources for commercial purposes or personal financial or other gain. This includes, but is not limited to, advertising a product or service on personal web pages, fund-raising or advertising on behalf of unsanctioned non-University organizations, publicizing of unsanctioned non-University activities, resale of University resources to any non-University individuals or organizations, and the unauthorized use of the University’s name or logos. Use of the University’s network for any of these purposes, even if the user is using their own personal computer, constitutes an offense.
v. Allowing another person to use one’s FIU username and password.
vi. Any other violation of the University computer use and web page policies. The complete policies are available at https://security.fiu.edu/policies. The website also contains the civil and criminal penalties for distributing, without authority, copyrighted materials (including unauthorized peer-to-peer file sharing) and the penalties for violating federal copyright law.
vii. Unauthorized distribution or downloading of copyrighted materials, including but not limited to, unauthorized peer-to-peer file sharing. This is a violation whether the user is using their own personal computer or the University’s information technology system for the unauthorized distributions.
h. Disruptive Conduct
i. Behavior that substantially and materially disrupts, disturbs, impairs, interferes with or obstructs the orderly conduct, processes and functions of the University or the rights of other Members of the University community.
ii. Behavior that substantially and materially disrupts, disturbs, impairs, interferes with or obstructs the orderly conduct, processes, and functions of the classroom, or laboratory and/or immediate surrounding areas. This includes interfering with the academic mission of the University or individual classroom or interfering with a faculty member or instructor’s role to carry out the normal academic or educational functions of their classroom laboratory and/or immediate surrounding areas.
iii. Behavior that substantially and materially disrupts, disturbs, impairs, interferes with or obstructs the Student Conduct process, including, but not limited to, harassment and/or intimidation of any member of the Student Conduct Committee, Witness or University personnel before, during or after a proceeding, or attempting to coerce or influence any person(s) in order to discourage their participation in any Student Conduct proceeding.
iv. Any behavior that substantially and materially disturbs the peace.
i. Drugs
Students who choose to use illegal drugs or use prescription drugs without a prescription will be held fully responsible for their behavior while under the influence. Loss of control due to being under the influence does not excuse or justify a violation of the state law, University Policy, or the rights of others.
i. Possession, use, the manufacture, creation and/or the cultivation of illegal drugs or prescription drugs without a prescription. Inhalable or ingestible substances (e.g., nitrous oxide, glue, paint) that will alter a Student’s mental state.
ii. Distribute, dispense, deliver, trade, sell and/or attempt to sell drugs or prescription drugs.
iii. In possession and/or use of drug paraphernalia (including, but not limited, to bongs, pipes, “hookahs,” spoofs, rolling papers, blunts, small plastic baggies).
iv. Misuse and/or abuse of prescription drugs.
j. Endangerment
i. Occurs when one intentionally or recklessly (a) causes bodily harm to another person; (b) attempts to cause bodily harm to another person; or (c) puts another in fear of imminent bodily harm. No Student may knowingly or recklessly touch any other person without that person’s consent. Punching, slapping, scratching, or otherwise striking any person with any part of one’s body or with any object constitutes physical violence.
ii. Engage in any action(s) that endangers the health, safety or welfare of others.
k. Failure to Comply
i. Failure to comply with a request or directive of a University Official or non-University law enforcement official in the performance of their duty.
ii. Failure to comply with the final decision and sanctions rendered by a Student Conduct hearing or appellate body.
iii. Failure to comply when a University Official requests to identify oneself and/or produce FIU identification.
l. Falsification/Fraudulent Activity/False Testimony
i. Withholding relevant information from any Hearing Body, University Officials, non-University law enforcement officers, faculty and/or staff.
ii. Providing false or misleading information (whether oral or written) to any Hearing Body, University Officials, non-University law enforcement officers, faculty and/or staff. A good-faith report of prohibited conduct does not constitute a Code violation.
iii. Misuse, reproduction, alteration or forgery of any identification, documents, keys or property.
iv. Permitting another person to use one's identification information.
v. Misuse or possession of false identification information.
vi. Purporting to act on behalf of another person, group or the University without authorization or prior consent.
vii. Providing a worthless check, money order or using a fraudulent credit card or a credit card without authorization.
viii. Any other acts of falsification/fraud/false testimony or misrepresentation.
m. Fire and Safety
i. Inappropriate activation of any emergency warning equipment or the false reporting of any emergency.
ii. Removing, damaging, interfering and/or tampering with fire safety or other emergency warning equipment, including smoke detectors, sprinklers and/or fire alarms. Items may not be hung from or block sprinklers or smoke detectors.
iii. Failure to evacuate University Premises or On-Campus Housing facility/unit when a fire alarm is activated.
iv. Engaging in action(s) which cause or attempts to cause the release of chemicals or substances that can cause harm to another person’s health or would start a fire or explosion.
n. Gambling
i. Soliciting, placing or accepting a bet on any high school, intercollegiate or professional athletic contest on University Premises, On-Campus Housing, or at a University or Student Organization-sponsored activity or event.
ii. Soliciting, facilitating or participating in any illegal gambling, bookmaking or illegal betting whether through a bookmaker, a parlay card, a pool or any other method of organized gambling on University Premises, On-Campus Housing, or at a University or Student Organization-sponsored activity or event.
o. Harassement
Severe or pervasive interactions aimed towards another or entity which is by objective measure threatening, abusive, or severely annoying and that is beyond the scope of free speech and which is not covered by FIU Regulation 105.
p. Hazing
i. Any group or individual action or activity that inflicts or intends to inflict physical or mental harm or otherwise endanger or discomfort which may demean, disgrace and/or degrade any person, regardless of location, intent or consent of participant(s). Taking into consideration the aforementioned description, hazing includes, but is not limited to:
1. Interference with a Student’s academic performance;
2. Forced consumption of any food, alcohol, controlled substances, drugs or any other substance;
3. Forced physical activity (e.g., calisthenics, line-ups, walking or marching in formation);
4. Deprivation of food, water or sleep;
5. Not permitting individuals to speak for extended periods of time and/or forced exclusion from social contact;
6. Engaging in activities which involve compelling an individual or group of individuals to remain at a certain location or transporting anyone anywhere within or outside the University (e.g., road trips, kidnaps, drops);
7. Physical or mental abuse of any nature, including physical discomfort;
8. Sexual misconduct of any nature;
9. Theft, defacement or destruction of private or public property;
10. Compelling the performance of personal chores or errands;
11. Verbal abuse or degradation, including yelling or demands;
12. Assigning or endorsing pranks (e.g., stealing, harassing other organizations);
13. Conducting activities designed to deceive or convince a member that they will not be initiated or that they will be hurt;
14. Compelling scavenger hunts, treasure hunts, quests, road trips, big brother/little brother hunts, big sister/little sister hunts;
15. Any action or threatened action that would subject the individual to embarrassment, humiliation or mental distress, including the use of demeaning names; or
16. Any other acts or attempted acts which would constitute hazing pursuant to Section 1006.63 of the Florida Statutes.
ii. The following shall not constitute a defense to Hazing:
1. The consent of the victim was obtained;
2. The conduct or activities that resulted in death or injury to the victim was not part of any official organizational event or otherwise sanctioned or approved by a Student Organization or group; or
3. The conduct of activity that resulted in death or injury to the victim was not done as a condition or membership into a Student Organization or group.
q. Motorcycles, Bicycles, Pocket Bikes, Rollerblades, or Skateboards
Failure to comply with FIU Regulation 115 Skateboards, Skates, Scooters, Ripstiks, Hoverboards and other similar devices and high-risk activities on University Premises or in On-Campus Housing.
r. Obstruction
Taking action, individually or working with others, which the Respondent knew or should have known would impede an investigation by the University into possible violations of the Code committed by a Student and/or Student Organization, including failing to participate in a University investigation or proceeding if not the Respondent.
s. On-Campus Housing Violations
Violation(s) of any HRL policies published in hard copy or available electronically via the HRL website (https://studentaffairs.fiu.edu/campus- services/housing-and-residential-life/explore-housing/housing- policies/index.php).
t. Personal Abuse
i. Verbal or written abuse, threats, intimidation, and/or Coercion that objectively endangers the health, safety or well-being of others and which is not covered by
FIU Regulation 105. Using fighting words or statements which reasonably endanger the health and safety of any person that are not protected speech may result in University action. Conduct directed at any person, including a Member of the University community, which is intended to, or would reasonably, cause fear, distress, injury or intimidation to a person, or would place a reasonable person in fear of injury or death.
ii. Conduct that is based on race, color, religion, ethnicity, national origin, disability, age, marital status, genetic information, veteran status or any group/class protected by federal or Florida law sufficiently severe, pervasive or persistent (when viewed both from a reasonable person in similar circumstances and the person in question) that a person would be adversely affected to a degree that interferes with or limits their ability to participate in or benefit from the services, activities or opportunities offered by the University.
iii. Interference with the freedom of another person or group to move about in a lawful manner.
u.
Promotions/Postingi. Solicitation of commercial speech on campus, including On-Campus Housing facilities, without prior approval from the appropriate University Officials. This includes, but is not limited to, the distribution of any forms of promotional/informational commercial speech material on University Premises or On-Campus Housing or objects (e.g., motor vehicles).
ii. Posting of flyers, posters, banners, cards or any promotional/informational material on University Premises or On-Campus Housing, including, but not limited to, the exterior and interior of On-Campus Housing facilities, buildings, trees, walls, sidewalks, vehicles, windows, stairwells, stairs, display cases, vending machines, doors, classrooms, departmental and unauthorized bulletin boards, railings, elevators, bathrooms, art and/or sculptures without prior approval from the appropriate University Officials.
v.
Retaliationi. Acts or words taken against an individual because of the individual’s participation in a protected activity that would discourage a reasonable person from engaging in protected activity. Protected activity includes an individual’s good faith
- Participation in the reporting, investigation, and/or resolution of an alleged violation of this Code; and/or
- Opposition to policies, practices and/or actions that the individual reasonably believes are in violation of the Code. Retaliation may include intimidation, threats, coercion, physical harm and/or adverse employment or educational actions. Retaliation may be found even when an underlying report made in good faith was not substantiated. Retaliation may be committed by the Respondent, the Reporting Party, or any other individual or group of individuals.
w. Smoking and Use of Tobacco-Related Products
i. Failure to comply with FIU Regulation 113 Smoke and Tobacco-Free Campus by smoking in or on any University Premises or On-Campus Housing. Smoking means possession of a lighted cigarette, cigar, pipe, water pipe or hookah, or the use of an electronic cigarette, cigar, pipe, vape or any other device intended to simulate smoked tobacco.
ii. Use of smokeless tobacco, snuff, chewing tobacco, smokeless pouches and any other form of loose-leaf or smokeless tobacco.
x. Social Host Responsibility: Allowing, permitting, or providing an opportunity for a guest to violate University Policy.
y. Stalking
Engaging in a course of conduct directed at a specific person, not covered under FIU Policy 105, that would cause a reasonable person to (a) fear for the person’s safety or the safety of others; or (b) suffer substantial emotional distress. For the purposes of this conduct violation, course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property.
z. Student Organization Policies
i. Members of the Student Organization acting together to violate University Policy.
ii. More than one Student working together to impede an investigation by the University into possible violations of the Code committed by a Student Organization.
iii. Acting to protect from official action one or more alleged individual offenders who are members, former members or guests of the Student Organization.
iv. Leaders of the Student Organization who fail to report and/or take reasonable action against guests and/or members responsible for alleged violations.
v. Violation(s) of any Campus Life/Fraternity and Sorority Life/Sports Club Policies published in hard copy or available electronically via the appropriate website. See https://studentaffairs.fiu.edu/get-involved/campus-life/index.php, https://studentaffairs.fiu.edu/get-involved/sorority-and-fraternity-life/index.php, or https://studentaffairs.fiu.edu/health-and-fitness/recreation/index.php.
aa. Theft and Theft-Related Conduct
i. Taking, or use of, the property or services of another person or of the University without prior written consent or authorization of the person or of the appropriate authority.
ii. Possession and/or sale of property or services of another person or of the University without prior written consent or authorization.
bb. Trespassing/Unauthorized Use
Unauthorized presence in or unauthorized use of University Premises or On-Campus Housing, facility or restricted area.
cc. Vandalism/Damage/Littering
i. Damage, destruction or defacing property of another person, group, or the University.
ii. Dispersing litter in any form on University grounds or facilities, including, but not limited to, cigarette butts, flyers, cans, and bottles.
dd. Weapons, Firearms, Explosives
i. Possession, storage or use of firearms, except as provided in below, explosives, ammunition or other weapons or dangerous articles or substances, including, but not limited to tasers, switchblade knives and non-lethal weapons such as fireworks, paintball guns, air guns, BB guns, any dangerous chemical or biological agents, corrosive agents, compressed gas, sling shots, brass knuckles, Chinese stars, or any other item used as a weapon.
- In accordance with Florida Statutes section 790.115, possession of firearms on University Premises or On-Campus Housing (except as provided by Florida Statutes section 790.25(5)).
- Possession of a concealed weapon or firearm on University Premises or On-Campus Housing even if the Student possesses a concealed weapon license.
ii. Notwithstanding the foregoing, weapons, including non-functioning antique display weapons, may be used for classroom instructional purposes or other University sanctioned activities (e.g., firearms under the direct supervision of ROTC, a diver's knife for a scuba divers' class) but only with prior approval by the appropriate University Official.
iii. Threat of the use of a weapon or weapons that could, or would, cause distress or injury to a member or members of the University community or damage to University Premises or On-Campus Housing.
ee. Other Violations
i. Aids or abets another in any violation of federal law, state law, local ordinance, and/or Policy not already listed above.
ii. Violations of federal and/or state laws, local ordinance, and/or Policy not already listed above.