Westminster College Student Conduct

Violations

Misconduct

The following behavior by student(s) or student organization(s), whether on- or off-campus, is subject to disciplinary action:

1. Conduct which may also be a violation of local, state, or federal laws, whether on or off-campus (no criminal conviction is necessary for the conduct listed below to be subject to disciplinary action by the College);
2. Possession, distribution, use or sale of illegal drugs or drug paraphernalia;
3. Possession, furnishing, sale or use of alcohol to or by persons under 21 years of age;
4. Use of fireworks or any other explosive or combustible material;
5. Unauthorized taking or possessing of College property or services or the property or services of others;
6. Behavior that may, or in fact does, cause physical or emotional harm to another person or cause reasonable apprehension of such harm. Such behavior may be intentional (a conscious decision to engage in the conduct; intoxication is not a defense to a charge of intentional misconduct) and/or reckless conduct which could reasonably be expected to create substantial risk of harm to another person). Examples of behavior which constitute a violation of this regulation include, but are not limited to:
1. Actions, explicit or implied threats, or gestures, which place a person in reasonable fear of unwelcome physical contact or harm;
2. Attempts to cause or intentionally or recklessly causing bodily injury to another person;
3. Striking, shoving, kicking or otherwise subjecting another person to unwelcome physical contact or attempting or threatening to do so, with the intent to harass, annoy or alarm another person;
4. Communicating by voice or graphic means or making a telephone call, whether or not a conversation takes place, or via any other information resource, for the purpose or which has the effect of harassing and/or alarming another person;

5. Engaging in sexual contact or behavior with another person without the consent of that person and/or by compulsion through physical force or fear. Any other sexual conduct prohibited by the College’s Sexual Misconduct Policy;

   Consent is defined as verbal statements or non-verbal actions which a reasonable person would understand to mean a voluntary agreement to engage in sexual activity. Someone who is incapacitated cannot consent. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent.

   Incapacitation is any situation in which a person is incapable of giving consent due to the student’s age, state of consciousness, use of drugs or alcohol, or an intellectual or other disability.

   Communicating Consent
   Consent to sexual activity can be communicated in a variety of ways, but one should presume that consent has not been given in the absence of clear, positive agreement. While verbal consent is not an absolute requirement for consensual sexual activity, verbal communication prior to engaging in sex helps to clarify consent. Communicating verbally before engaging in sexual activity is imperative. Talking about your own and your partner’s sexual desires, needs, and limitations provide a basis for a positive experience. Consent must be clear and unambiguous for each participant at every stage of a sexual encounter. The absence of “no” should not be understood to mean there is consent.

   A prior relationship does not indicate consent to future activity.

   Note: A sexual assault victim violating the College’s alcohol or drug policy at the time of the assault will not face judicial action by the College for that infraction.

7. Bystanding – Complicity with or failure of any student to address known or obvious violations of the Code of Conduct or law;
8. Discrimination – Any act or failure to act that is based upon an individual or group’s actual or perceived status (race, color, religion, gender, national origin, age, disability, ancestry, genetic information, ethnic origin, marital and parental status, veteran status, citizenship status, sexual orientation, gender identity or expression, or because of any other protected status of an individual or that individual's associates or relatives) that is sufficiently severe that it limits or denies the ability to participate in or benefit from the College’s educational program or activities;
9. Hazing – Hazing is defined as any activity in which the organization, group, or athletic team expects prospective members to participate and which is created intentionally, on or off college premises, for the purpose of producing mental or physical discomfort, embarrassment, harassment or ridicule.
10. Intentional or reckless behavior which may, or in fact does, deface or cause damage to College property or the property of others. This would also include violations of the College’s Skateboard and Hoverboard policy;
11. Students shall not engage in acts of disorderly conduct. A student commits disorderly conduct if, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, they on Westminster College property: (1) is intoxicated as a result of the use of alcohol or controlled substances; (2) engages in fighting or threatening, or in violent or tumultuous behavior; (3) makes unreasonable noise; (4) uses obscene language, or makes an obscene gesture; or (5) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the student.
12. Intentional or reckless interference with normal College activities and functions (examples of such activities/ functions include but are not limited to studying, teaching, public speaking, research, administration of the College, or emergency (Public Safety, fire or police) operations;
13. Intentional interference with the freedom of expression of others;
14. Reckless driving which may, or in fact does, endanger individuals or damage property;
15. Tampering with fire alarms or safety equipment is prohibited. This includes, but is not limited to fire hydrants, fire hoses, extinguishers, and fire alarm pulls;
16. Initiation or circulation of a report or warning of an impending bombing, fire, or other crime, emergency, or catastrophe, knowing that the report is false;
17. Possession, storage, furnishing, sale or consumption of alcoholic beverages on campus. Additionally, items used specifically for the mass consumption of alcoholic beverages (e.g., beer bongs, kegs, party balls, etc.) whether empty or not, are not permitted on campus;
18. The use of organizational funds for the purchase of alcoholic beverages by officially recognized student organizations;
19. Pennsylvania law and/or Westminster College policy prohibit the possession, use or storage of weapons or dangerous materials of any type or description anywhere on Westminster College property. This includes, but is not limited to, firearms, compressed-air or gas-operated guns, pellet guns, BB guns, illegal knives, swords, explosive devices, fireworks, ammunition, or any other dangerous or offensive weapon as defined in the Pennsylvania Crimes Code, Section 908c. Additionally, the College prohibits the possession of any non-folding knife designed to be carried in a sheath, and any folding knife commonly referred to as a “pocket knife” unless it has a blade of less than three (3) inches in length;
20. Unauthorized use or transfer of College I.D. cards, meal tickets, or vehicle registration decals;
21. Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry to or use of College premises;
22. Violations of the Housing Requirements and housing regulations outlined in the Handbook for Students;
23. Violation of residence hall visitation hours;
24. Use of any tobacco products in any campus building or violation of the College’s Smoking and Tobacco Use Policy;
25. Knowingly making a false statement, either orally or in writing, to any College employee or agent on a College-related matter;
26. Intentionally obstructing or failing to comply with the request of a College official or employee in the lawful performance of their duties;
27. Violations of rules listed in Westminster College Regulations Governing Fraternities committed by individual students whether or not they are members of fraternities;
28. Failure to appear before a College Judicial Board or College official for a disciplinary hearing when charged with a violation of the Student Code of Conduct and when duly notified of the hearing;
29. Failure to abide by any disciplinary sanction imposed under the Student Code of Conduct (e.g., failure to honor a monetary fine, terms of probation, behavioral sanction, etc.);
30. The College reserves the right to take disciplinary action against a student who is knowingly and willingly in the presence of a violation of a part of the Student Code of Conduct;
31. The College reserves the right to take disciplinary action against students whose guest on campus violates the Student Code of Conduct;
32. Violations of rules listed in Policy for Responsible Use of Information Resources;
33. Failure to adhere to the COVID-19 related health & safety policies, including but not limited to mitigation strategies, safety protocols, and adjustments to student engagement activities.
34. Other items as amended by the President of the College and/or the College Board of Trustees.
35. Actions not committed on College property may also be subject to College disciplinary action, provided that the offense, in the sole judgment of the Vice President for Student Affairs, is related to the security of the College community or the integrity of the educational process (e.g., rape, arson, acts of violence, fraud, etc.).
36. College disciplinary procedures may proceed even though the same conduct is also the subject of a pending criminal charge.