Social Policies - Prohibited Behaviors

SOCIAL POLICIES – PROHIBITED BEHAVIORS

The Code of Conduct supports the shared values and community expectations that promote the development of the individual and the community. Prohibited behaviors are outlined and defined in this section.

Alcohol Policy

Alcohol-related behavior prohibited by the university Code of Conduct includes:

Possession and/or Consumption of Alcoholic Beverages by Students Under 21 Years of Age: Possessing and/or consuming alcoholic beverages, on- or off-campus, by a student less than 21 years of age. (At this level there may not be visible signs of intoxication.)Note: Possession of empty beverage containers or packaging may be considered evidence of possession.
Being Under the Influence of Alcoholic Beverages: Exhibiting signs of intoxication and/or experiencing any loss of the normal use of mental and/or physical faculties. Examples include, but are not limited to: public intoxication, slurred speech, vomiting, stumbling or needing assistance walking, impaired motor coordination, aggression, or abusive behavior.
Extreme Intoxication: Exhibiting signs of significant and/or dangerous intoxication. Examples include, but are not limited to: blacked out, loss of consciousness or limited responsiveness, no withdrawal from painful stimuli, loss of bladder/bowel functions, excessive vomiting, or severe physical depression (slow or shallow breathing, pale or blue-tinged skin, or reduced heart rate).
Rapid Consumption of Alcohol or Actions that May Endanger the Well-being of Self or Others: Any form of rapid consumption of alcohol or participation in drinking games that may create a risk of danger to self, others or the university community. Examples include but are not limited to: bongs, shots, keg stands, beer pong, flip cup, and the like.
Public Possession and/or Consumption of Alcohol: Possessing or consuming alcoholic beverages on public or university property, except for events/locations formally approved. Note: Possession/consumption of alcoholic beverages is allowed by students who are 21 years of age or older only in their housing assignment (room, suite or apartment) and other locations formally approved by the university. Alcohol is not allowed in the common areas of residential buildings, in non-residential buildings, or outdoors except for events where alcohol use has been formally approved.
Provision and/or Distribution of Alcohol to Students Under 21 Years of Age: Purchasing, providing or distributing alcohol to any individual below the age of 21 years.
Sponsorship of an Activity Involving the Unauthorized use of Alcoholic Beverages by Individuals or Organizations: Sponsoring of any activity or event involving the use of alcoholic beverages without specific university approval to do so, said sponsorship being carried out by an individual or organizations. Sponsorship may include, but is not limited to, organizing, promoting, providing a location, acquiring resources, or otherwise endorsing an activity or event.
Possession of a Keg, Common Alcohol Beverage Container or Excessive Amounts of Alcohol on University-Owned Property or by a Student Organization on or off the Campus: Possessing a keg or any common container of alcohol, including buckets, pony kegs and other bulk containers. This includes kegs and multi-serving containers that are empty. Students may not have more than the equivalent of 12 drinks per number of legal age residents in campus housing. (Example: one drink is a 12-ounce beer, 4-ounce glass of wine or 2 ounces of liquor.) NOTE: As with all other alcohol violations, kegs and multi-serving containers that are confiscated will not be returned to the student and all claims to deposit refunds are forfeited.
Driving Under the Influence: Operating a motor vehicle during or following consumption of alcohol and/or other drugs that creates a risk of danger to self, others or the university community.
Drug Policy

Drug-related conduct prohibited by the university Code of Conduct includes:
Use or Possession of Controlled, Illegal or Prohibited Substances: Possessing or using of any controlled, prohibited, or illegal substances as stated in the Drug-Free Schools Act, including marijuana and medical marijuana... Examples include, but are not limited to: possession or use of illegal substances; possession or use of prescription drugs without a valid/current medical prescription; Substances such as JWH-018 (K2, “Spice”), salvia and pyrovalerone derivatives (found in substances marketed as “bath salts”) are not intended for human consumption and are prohibited for possession or use by any Elon student.
Misuse: Using over-the-counter drugs or medically prescribed drugs in a manner not consistent with the prescription or directions for their usage, or huffing/sniffing any substance not intended for such use
Manufacturing, Distribution or Sale of Prohibited, Controlled or Illegal Substances: Manufacturing, distributing, or selling of controlled or illegal substances or any substances prohibited by the Elon University Drug Policy (including sharing of prescription medication). This policy applies regardless of financial gain.
Possession of Drug Paraphernalia: Possessing and/or using drug paraphernalia. Examples include, but are not limited to roach clips, bongs, hookahs, blow tubes, papers, scales, grinders or any material or apparatus containing drug residue.
Driving Under the Influence: Operating a motor vehicle during or following consumption of alcohol and/or other drugs that creates a risk of danger to self, others or the university community.
Being in the Presence of Drug Use, Possession or Sale: Being in the presence of the use, possession, or sale of prohibited, controlled or illegal substances.

Affiliation

Elon University has established expectations, policies, and processes for recognized student organizations. When an organization or group has had its university recognition denied, suspended or withdrawn, students and student organizations are prohibited from affiliating with this group. Examples of affiliation include, but are not limited to: joining, accepting an offer of membership, or hosting social activities with the group.

Behavior that Endangers the Health & Safety of Self and/or Others

Engaging in behavior that creates a risk of danger to oneself, others or the university community. Examples include, but are not limited to: creating a disturbance that may lead to a dangerous situation; propping exterior doors to residence halls; not calling for medical assistance when a fellow student is at risk due to alcohol or drugs; throwing objects from windows or balconies; disclosure and/or use of residence hall or door access cards by an individual other than a resident of the community; intentionally obstructing egress or exit of a room or building, failure to evacuate a building during a fire alarm; camping or sleeping overnight outdoors or in any university location other than private residential rooms/apartments in campus housing; and being on the roof or unapproved balcony of any buildings.

Bias-Related Conduct

Conduct directed toward a person, or persons, that is intimidating or hostile in nature based on actual or perceived age, race, color, creed, religion, sex, national or ethnic origin, disability, sexual orientation, gender identity, or veteran’s status. Bias-related conduct may be in verbal, written, electronic, online, graphic, or physical form. The determination as to whether this policy has been violated takes into account the totality of the circumstances. This policy is not intended to undercut the free exchange of ideas even on sensitive topics, but rather to prohibit personal threats and hostile conduct motivated by bias. Behavior based on an individual’s or group’s gender, sex, sexual orientation, gender identity will be addressed under the university’s Sexual Harassment and Procedures.

Note: Please visit www.elon.edu/u/inclusive-excellence for more information on Diversity, Inclusion, and Global Engagement at Elon, the Inclusive Community Team, and bias reporting and response processes.

Complicity

Knowingly aiding, facilitating, promoting, or encouraging a Code of Conduct violation or crime by another person, or persons. Failing to report a crime as may be required by law.

Destruction or Defacing of Property

Destroying, damaging or defacing personal, public, or university property. Examples include, but are not limited to: defacing structures, bulletin boards, equipment and facilities; parking/driving on grass and sidewalks; grinding or rail sliding with skates or skateboards, and littering.

Discrimination

Conduct that causes an individual to suffer an adverse academic, employment, or educational opportunity on the basis of a person’s actual or perceived age, race, color, creed, sex, national or ethnic origin, disability, sexual orientation, gender identity, or veteran’s status

Disorderly Conduct

Creating a disturbance or engaging in objectively disruptive behavior. Examples include, but are not limited to: intentionally preventing others from listening or presenting their ideas in class; excessive noise; public urination, defecation, or exposure (without sexual misconduct); horseplay, practical jokes; hiding from university officials or resisting police/security officers; disrupting classes or university operations, or approved events; blocking access to any university facilities, including buildings, offices, classrooms, meeting rooms and event locations, walkways, or outdoor spaces; hall sports; and any other behavior that interrupts the normal functioning of university business. Offenses that occur in the classroom may result in temporary or permanent suspension from the class, pending the outcome of a hearing.

Failure to Comply with the Directive of a University Official

Disobeying an instruction of a university official. Examples include but are not limited to: failure to evacuate a building, campus, or area of campus when so ordered by a university official; refusing to present an ID upon request; failure to comply with a reasonable request of a faculty or staff person; or failure to complete prescribed sanctions as given by an administrative hearing officer or hearing board. University officials include, but are not limited to: Residence Life student staff, Student Life staff, lab supervisors, dining hall personnel, faculty, and Campus Safety and Police.

Fighting or Acts of Physical Aggression

An encounter or attempt of physical contact or aggression towards physical contact between two or more persons. Using physical aggression as a response to physical aggression that continues and/or escalates an altercation may also be addressed by this policy. Examples include but are not limited to: actual or attempted pushing, hitting, kicking, spitting, wrestling, and pulling hair.

Fire Safety

Violating local, state, federal or campus fire safety policies. Examples include, but are not limited to: improper use of University fire safety equipment; tampering with, covering or removing smoke detectors, fire alarms, fire extinguishers, exit signs or other life safety equipment, as well as the breaking of pull station or fire extinguisher covers unless the situation warrants such action and/or causing a false fire alarm to be pulled; failure to exit a building during a fire drill or fire alarm; repeated alarm activations; lighting or igniting any item inside of a university building (including candles, incense, tobacco products, etc.)

Fire Setting/Arson

Fire setting – intentionally or recklessly starting a fire without authorization; and/or
Arson – setting fires with the intention of destroying property.

Firearms and/or Weapons

Possessing or using, whether openly or concealed, any weapon or ammunition; possessing or using any object as a weapon or in a threatening manner; or using, attempting to use, or intending to use any object or substance to inflict a wound, cause injury, or incapacitate. Firearms are strictly prohibited (even if the student has a concealed handgun license) while on university-owned property or at university-related events. Examples of prohibited items include, but are not limited to: guns, rifles, pistols, bullets, components of firearms or ammunition, explosives, stun guns, BB guns, air soft guns, paint pellet guns, simulated/facsimile firearms or any item that resembles a firearm, bow and arrows, sling/slung shots, bowie knives, daggers, switch-blade knives, metallic knuckles, throwing stars, knives of more than six inches when opened and any other weapon of any kind.

Fireworks

Possessing and/or using fireworks (including but not limited to, anything that explodes or is projected into the air) on university-owned or leased property or at university or student sponsored events (unless properly permitted and approved)

Fraud/Lying

A statement, action, or representation that is false, misrepresents the truth, and/or is intended to deceive another. Examples include, but are not limited to: falsifying statements, records, forms, or computer applications; knowingly filing a false report or providing false information to any university official; circumventing electronic and digital copyright protection systems, manufacturing, altering or falsifying an official identification card or possession and/or use of another person’s ID or a fake identification card; or presenting another person’s Phoenix Card, name or ID number for identification, meals or purchases, or allowing another person to use one’s Phoenix Card for fraudulent purposes.

Gambling

A student/student group is gambling if the student/student group operates, plays, or bets at any game of chance in which any money, property, or other thing of value is bet. Poker nights and casino night games are permitted only if no admission is charged, no buy-in is required, and no real money is wagered. Raffles of any kind, including those sponsored by student groups, also are prohibited under this provision. A raffle is defined as a game in which the prize is won by random drawing of the name or number of one or more persons purchasing tickets.

Guest Behavior

Inviting or hosting a guest who engages in prohibited behavior. Students will be charged with violating this policy and all other policies their guest(s) violate, as if the student(s) violated the policies themselves.

Guests with repeat or serious violations of campus policies may be permanently trespassed from campus and may be subject to criminal prosecution.

Harassment

Unwelcome behavior (including verbal, written, visual, virtual or physical conduct) that is pervasive and/or persistent, that is objectively offensive or shows hostility against an individual/group/entity when such conduct has the purpose or effect of:

unreasonably interfering with an individual’s work or academic performance, and/or
creating an intimidating, hostile, humiliating, or offensive working, living or learning environment.

Behavior that occurs during a class setting (including virtual/remote or requirements outside of the classroom) may result in temporary or permanent suspension from a class, pending the outcome of a hearing.

Behavior based on an individual’s or group’s gender, sex, sexual orientation, gender identity will be addressed under the university’s Sexual Harassment Policy and Procedures.

Hazing

Expecting, encouraging, or endorsing any activity related to organization membership or ongoing affiliation that interferes with academic progress, humiliates, degrades, or risks harming that person emotionally or physically, regardless of the person’s willingness to participate. Examples include but are not limited to:

Subtle hazing – behaviors that are based on a power imbalance; may involve activities that ridicule, embarrass, humiliate, or interfere with academic progress or other educational experiences.
Harassment hazing – behaviors that cause emotional distress, mental anguish, or physical discomfort in order to feel like a part of the group; or confuses, frustrates, and causes undue stress for new members/rookies.
Violent hazing – behaviors that have the potential to cause physical and/or emotional or psychological harm.

Note: Hazing prevention information and resources are located at:

Host Responsibility

Students are responsible for ensuring the safety, well-being and conduct of their guests, whether invited or uninvited, and whether in university-owned or off-campus facilities. This includes hosting events or gatherings where alcohol is available for underage guests, guests drink to excess, or guests create a disruption to the community such as littering, public urination, damage to property, or obstructing roadways.

Note that for university-owned facilities, student hosts may be held responsible for damages to the community, students jumping from windows, etc. In addition, students are not allowed to host more guests than is reasonable for each type of “living unit” or which violates fire code, as articulated in Residence Life policies.

Misuse of University Brand or Property

Any unauthorized and/or inappropriate use of university brand, property, or resources. Examples include but are not limited to: unauthorized and/or inappropriate use of the university’s logo or brand, unauthorized use of university property; misuse or duplication of university keys, unauthorized use of university vehicles, and unauthorized use of university equipment/furniture.

Retaliation

Any adverse action or threat of adverse action taken against an individual for reporting behavior that may be prohibited by law or policy, or for participating in an investigation, or resolution process related to an allegation of misconduct. Retaliation must be sufficiently severe or pervasive to create a work or academic environment that a reasonable person would consider intimidating, hostile, or abusive and that adversely affects the targeted individual’s/ student group’s educational, work, or living environment.

Stalking

Engaging in a course of conduct directed at a specific individual that would cause a reasonable individual (under similar circumstances and with similar identities to the victim) to (a) fear for their safety or the safety of others or (b) suffer substantial emotional distress. For purposes of this definition, “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 an individual, or interferes with an individual’s property.

Behavior based on an individual’s or group’s gender, sex, sexual orientation, gender identity will be addressed under the university’s Sexual Harassment Policy and Procedures.

Stealing (Social Policy) and/or Possession of Stolen Property

Unauthorized taking of property from the possession of another person or the University or possessing property reported or known to be lost or stolen, regardless of the item’s place of origin. Examples include, but are not limited to: taking another’s personal property; unauthorized possession of parking decals; possession of traffic cones, signs, bricks, and/or other traffic materials; and unauthorized taking/consumption of food.

Note: See the Academic Prohibited Conduct section for the policy on Academic Stealing or Vandalism.

Swimming or Wading in Restricted Areas

Unauthorized swimming or wading in any body of water on the Elon campus, including lakes or fountains.

Threatening Behaviors

Any (direct, indirect, conditional or veiled) expression of intent to cause physical or mental harm. Any communication of a threat is presumed to constitute a statement of intent without regard to whether the student communicating the threat has the present or future ability to carry out the threat.

Unauthorized Entry or Access of University or Personal Property

Unauthorized entry or access to university or personal property, or misuse of access privileges to university facilities. Examples include, but are not limited to: occupancy of housing when university residential facilities are closed; occupying university classrooms, meeting rooms, offices, or other university facilities without authorization; and entering or opening a student’s private property without express consent.

Violation of the Law

Committing an act, attempting to commit an act, or assisting another in committing an act that violates state or federal law or local ordinances that is not otherwise a violation of the Code. A conviction in a civil or criminal court is not required in order for this charge to be pursued under the Code.

Note: University action does not preclude the possibility of civil or criminal charges being filed against an individual nor does the filing of civil or criminal charges preclude action by the university.

Violation of University Policies Governing Student Organizations

Student organizations and their members are responsible for abiding by all university, national, and departmental polices which may govern student organizations on and off campus. In addition to all Student Code of Conduct Policies, these may include (but are not limited to): policies published in the Student Organization Handbook, van and transportation policies, event/ risk management policies, demonstration guidelines, and departmental policies for organizations, fraternities, sororities, and club sports.

Violation of University Policies, Regulations, or Rules

Engaging in conduct prohibited by written university, department, or program policies, regulations, or rules.

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Social Policies and Processes