Article III: Proscribed Conduct
A. Jurisdiction of the Luther Code of Conduct
1. The Luther Code of Conduct shall apply to conduct that occurs on Luther College premises, at Luther College sponsored programs and activities, and to off-campus conduct that adversely affects the Luther College Community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of initial visit as a prospective student through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment, even if his/her conduct is not discovered until after a degree is awarded. The Code of Conduct shall apply to a student’s conduct even if the student withdraws from school or is suspended while a disciplinary matter is pending. The Vice President and Dean for Student Life or designee shall decide whether the Code of Conduct shall be applied to conduct occurring off campus, on a case by case basis, at his/her sole discretion.
B. Conduct—Rules and Regulations
Students are required to engage in responsible social conduct that reflects credit upon the Luther College community and to model good citizenship in any community. Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV:
1. Violation of any federal, state or local law.
2. Violation of any Luther College policy, rule, or regulation published in hard copy or available electronically on the Luther College website.
3. Failure to comply with directions of Luther College officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
4. Acts of dishonesty, including but not limited to the following:
a. Cheating, plagiarism, or other forms of academic dishonesty (see the Luther Honor Code).
b. Furnishing false information to any Luther College official, faculty member, or office.
c. Forgery, alteration, or misuse of any Luther College document, record, or instrument of identification.
d. Use of college facilities and resources to produce, for unlawful purposes, documents such as identification cards and driver’s licenses.
e. Tampering with the election of any college-recognized student organization.
5. Violations of fire/life safety provisions, including but not limited to:
a. Arson or attempted arson.
b. Use, possession or manufacture of explosives, including but not limited to, dangerous chemicals and fireworks.
c. Intentionally or recklessly misusing or damaging fire/life safety equipment.
d. Initiating or causing to be initiated any false warning of emergency or life-threatening circumstances.
e. Constructing and lighting a bonfire on campus, unless prior permission is granted by the Student Life Office.
6. Any possession of firearms, ammunition, swords, switchblades and other dangerous knives, bows and arrows, slingshots, pellet guns, paintball guns and all other weapons on Luther College premises or use of any such item, even if legally possessed (see Residence Life Policies and Procedures).
7. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other Luther College activities, including its public service functions on or off campus, or of other authorized non-Luther College activities when the conduct occurs on Luther College premises.
8. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of Luther College and/or infringes on the rights of other members of the Luther College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
9. Obstruction of the free flow of pedestrian or vehicular traffic on Luther College premises or at Luther College sponsored or supervised functions.
10. Careless or prohibited conduct which, by its nature, creates an unnecessary risk of physical harm including, but not limited to:
a. Climbing or rappelling from walls or other physical structures.
b. Unauthorized entry into the campus steam tunnels, air handling ducts, plumbing, electrical, or other utilities conduit or systems.
c. Unauthorized access to rooftops, closed sections of buildings, or other restricted access areas.
d. Failure to obey posted traffic control signs when operating a motor vehicle on campus.
e. The use of rollerblades, skates, or skateboards indoors or in an unsafe manner outdoors.
f. Sledding or skiing in unsafe areas.
g. Camping on campus without permission from the Student Life Office.
h. Class and/or lab behavior which endangers self or others.
11. Attempted or actual theft of, damage to, and/or possession of stolen property of Luther College or property of a member of the Luther College community or other personal or public property, on or off campus.
12. Unauthorized possession, duplication or use of keys or other access device to any Luther College premises or unauthorized entry to or use of Luther College premises (see Residence Life Policies and Procedures).
13. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on Luther College premises or at functions sponsored by, or participated in by, Luther College or members of the Luther community. Disorderly conduct includes but is not limited to: Any unauthorized use of electronic or other devices to make an audio or video record of any person while on Luther College premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.
14. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person, including, but not limited to, the following forms:
a. Direct oral expression and/or physical gestures or actions.
b. Notes, letters, and other forms of written communication distributed via U.S. mail, campus mail, or other means.
c. Phone calls, phone messages, or other forms of electronic verbal communication.
d. Email, text messages, instant messaging, social networks, or other means of electronic communication.
15. Sexual assault, sexual abuse, or other non-consensual sexual contact or activity (see Student Sexual Misconduct Policies and Procedures).
16. Discriminatory and or harassing conduct, including but not limited to:
a. Unwelcome verbal or physical conduct of a sexual nature (see Student Sexual Misconduct Policies and Procedures).
b. Harassment on the basis of race, color, sex, sexual orientation, national origin, ancestry, religion, disability, age, or any other category protected by law (see Discriminatory and Harassing Conduct Policies and Procedures).
17. Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule (see Student/Campus Organizations Policies and Procedures).
18. Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law, including the use or possession of drug-related paraphernalia (see Alcohol and Other Drugs Policies and Procedures).
19. Use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by Luther College regulations), or public intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under twenty-one years of age. This policy applies to behavior on Luther College premises or at Luther College sponsored or supervised functions (see Alcohol and Other Drugs Policies and Procedures).
20. Smoking of cigarettes, cigars, and other forms of tobacco under the provisions of the Iowa Smokefree Air Act. This act prohibits smoking inside all buildings, outside all buildings, and on all college property including, but not limited to, sidewalks, parking lots and roads (and inside vehicles located on such grounds), athletic fields, and on any other college property. The possession of pipes, hookahs, and other smoking devices is also prohibited, as is the sale or distribution of tobacco products (see Alcohol and Other Drugs Policies and Procedures).
21. Theft or other abuse of computer facilities and resources, including but not limited to:
a. Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.
b. Unauthorized transfer or copy of a file or software.
c. Use of another individual’s identification and/or password.
d. Use of computing facilities and resources to interfere with the work of another student, faculty member or Luther College official.
e. Use of computing facilities and resources to send obscene or abusive messages.
f. Use of computing facilities and resources to access, download, store or distribute pornographic materials.
g. Use of computing facilities and resources to interfere with normal operation of the Luther College computing system.
h. Use of computing facilities and resources in violation of copyright laws.
i. Any violation of the Luther College Acceptable Use Policy.
22. Unauthorized or inappropriate use of the Luther College name or logos, or the names or likenesses of identifiable organizations or features of Luther College. These include but are not limited to, the names or logos of college athletic teams or organizations; recognized student organizations, residence halls and other campus buildings; and images and descriptions from college publications. Inappropriate use includes, but is not limited to:
a. Use of college names, logos and images for commercial purposes without permission.
b. Use of college names, logos and images by groups not recognized by Luther College.
c. Use of college names, logos and images in conjunction with activities not in accordance with Luther policies.
d. Use of college names, logos and images that do not conform to acceptable style guidelines established by the Publications Office.
23. Abuse of the student conduct system, including but not limited to:
a. Failure to obey the notice from a Student Conduct Board or Student Conduct Administrator to appear for a meeting or hearing as part of the student conduct system.
b. Falsification, distortion, or misrepresentation of information before a Student Conduct Board or Student Conduct Administrator.
c. Disruption or interference with the orderly conduct of a Student Conduct Board or Student Conduct Administrator proceeding.
d. Institution of a Code of Conduct proceeding in bad faith.
e. Attempting to discourage an individual’s proper participation in, or use of, the student conduct system.
f. Attempting to influence the impartiality of a member of a Student Conduct Board or Student Conduct Administrator prior to, and/or during the course of the Code of Conduct proceeding.
g. Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Board or Student Conduct Administrator prior to, during, and/or after a Code of Conduct proceeding.
h. Failure to comply with the sanction(s) imposed under the Code of Conduct.
i. Influencing or attempting to influence another person to commit an abuse of the Code of Conduct system.
C. Violation of Law and Luther College Discipline
1. Luther College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil litigation in court, criminal arrest and prosecution, or any other legal proceeding or investigation. Proceedings under this Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Vice President and Dean for Student Life or his/her designee. Determinations made or sanctions imposed under this Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of College rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
2. When a student is charged by federal, state, or local authorities with a violation of law, Luther College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Code of Conduct, Luther College may advise off-campus authorities of the existence of the Code of Conduct and of how such matters are typically handled within the Luther College community. Luther College will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the Luther College community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.