A. Jurisdiction of the University

1. Each student shall be responsible for their conduct from the time of admission 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 (and even if their conduct is not discovered until after a degree is awarded). The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from the University while a Community Standards matter is pending.

2. Student organizations, as well as their members, other students, and guests, may be held collectively and/or individually responsible for violations.

3. Generally, University jurisdiction shall be limited to conduct that occurs on or about University premises or in connection with University-sponsored, University-supervised or University-affiliated events, programs, and activities (including students involved with off-campus internships, study abroad programs, and recognized student organizations). However, the University may apply The Student Code of Conduct to students and student organizations, whose misconduct may have an adverse impact on the University, members of the University community, and/or the pursuit of University objectives regardless of where such conduct may occur.

   Should the Director of Community Standards reasonably determine that a particular alleged act of off-campus misconduct falls within the jurisdiction of the University, the case will be referred to the Community Standards process.

    

4. The Community Standards process may be instituted when alleged conduct potentially violates both criminal law and The Student Code of Conduct. Proceedings under The Student Code of Conduct may be carried out prior to or simultaneously with civil or criminal proceedings at the discretion of the Director of Community Standards. The University cooperates with law enforcement, or other agencies, in the enforcement of laws on campus regarding its students. This includes providing information requested by subpoena or as otherwise permitted or required by law.

    

   Determinations made or sanctions imposed under The Student Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
    

5. Academic integrity matters are managed through the Academic Integrity Policyas outlined in the Academic Catalog. If there is a jurisdictional issue between the Academic Integrity Policy and The Student Code of Conduct, the Director of Community Standards and the Dean of Undergraduate Studies will make the determination as to the applicable policy.

6. Sexual harassment, including sexual violence, and discrimination and discriminatory harassment are prohibited under the Equal Opportunity, Diversity, and Affirmative Action Plan and may be adjudicated under the Investigation and Resolution Procedures outlined in the EO Plan.

7. Matters involving potential violations of both the Equal Opportunity, Diversity and Affirmative Action Plan and The Student Code of Conduct may be co-investigated by both offices. Issues involving alleged discrimination, discriminatory harassment, sexual harassment, sexual misconduct, and retaliation that do not meet the definitions outlined in the Equal Opportunity, Diversity and Affirmative Action Plan may be addressed separately under The Student Code of Conduct.

8. Student Organizations.

   a. Student organizations may be held accountable under The Student Code of Conduct for the student organization’s misconduct and/or for the misconduct of any one or more of its leaders, members, guests, or other representatives.

b. The president of the student organization will serve as the representative unless the Director of Community Standards receives written notice of a different representative within three (3) days of the organization being sent notice of the conduct matter. The student organization representative will represent the student organization during the Community Standards process.

c.Student organizations are prohibited from conducting their own disciplinary proceedings prior to the resolution of alleged violations of The Student Code of Conduct.

d. Nothing in The Student Code of Conduct shall preclude holding students who are members of a student organization responsible for their individual violations of The Student Code of Conduct committed in the context of or in association with the student organization’s alleged violation of The Student Code of Conduct. Both the student organization and individual students may be found responsible for violations of The Student Code of Conduct in connection with the same behavior.

e.The student organization representative is required to notify their university Advisor of any alleged violations of The Student Code of Conduct and any sanctions imposed.

9. Parental Notification.

   a. As recommended by the Massachusetts Board of Higher Education and permitted under the Family Educational Rights and Privacy Act (FERPA), the University may notify parents/guardians when students under the age of 21 have been found responsible for violating the University’s alcohol or drug policies.

B. Conduct Rules and Regulations

Students and student organizations must adhere to and uphold The Student Code of Conduct and adhere to University policies, rules and procedures as well as federal, state, and local laws. The Director of Community Standards or designee shall make the final determination on what constitutes a potential violation of The Student Code of Conduct and shall establish the specific behavioral allegations(s) as appropriate.

Generally, the influence of drugs and/or alcohol on a student’s judgment or behavior will not be accepted as a mitigating factor with respect to the resolution of alleged misconduct.

If a student is involved in more than one incident, the Director of Community Standards, or designee, in their discretion, may determine whether an Administrative Conference and/or Investigation concerning each incident will be conducted either separately or jointly.

In cases where more than one student is involved in an incident, Administrative Conferences or other meetings related to an Investigation will be held separately. Requests for joint Administrative Conferences with multiple students will not be permitted.
 

Amnesty Procedure

Students may be hesitant to report sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation out of concern that they, or witnesses, might be alleged to have violated the University’s alcohol and/or drug policies. While the University does not condone such behavior, a priority is placed on the need to address sexual violence and misconduct. Accordingly, University officials may elect not to initiate the Community Standards process against a student who, in good faith, reports, witnesses, or possesses personal knowledge of sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking, or retaliation.

Similarly, the University recognizes that there may be alcohol or drug-related medical emergencies or other safety emergencies in which the potential for action under The Student Code of Conduct could act as a deterrent to students who want to seek assistance for themselves or others. When a student aids an intoxicated or impaired individual by contacting the Bridgewater State University Police or Residence Life and Housing staff, it is up to the discretion of the Director of Community Standards, or designee, to determine if any involved parties, student organizations will be subject to the Community Standards process. This does not preclude action regarding other violations of University standards such as causing or threatening physical harm, damage to property, harassment, hazing, or violations of the Title IX Sexual Harassment Policy.

Students who are transported to a local hospital, placed in protective custody, or evaluated as a result of the abuse of alcohol or other drugs will be contacted by a University official to meet to discuss the incident. Amnesty granted in accordance with The Student Code of Conduct does not prevent any independent action that may be taken by any law enforcement agency, including University police.
 

Prohibited Behaviors

The following list of behaviors is intended to represent the types of acts that constitute violations of The Student Code of Conduct. Although the list is extensive, it should not be regarded as all-inclusive. All community members are responsible for knowing and observing all University policies.

1.    Acts of dishonesty including, but not limited to: furnishing false information; forgery, alteration, or misuse of any document (including but not limited to: student admission materials), record, or instrument of identification; or misrepresenting oneself.
2.    Disruptive behavior which is defined as participating in or inciting others to participate in the disruption or obstruction of any University activity, including, but not limited to: teaching, research, events, administration, Community Standards proceedings, the living/learning environment, or other University activities, on or off-campus; or of other non-University activities.

3.    Harming behavior, which includes, but is not limited to: the true threat of or actual physical force or abuse, act of bias, or bullying.

Please Note: In determining whether an act constitutes bullying, the Office of Community Standards will consider the full context of any given incident, giving due consideration to the protection of the members of the University community, and the individual rights, freedom of speech, academic freedom, and advocacy required by law. Not every act that might be offensive to an individual or a group will necessarily be considered a violation of The Student Code of Conduct.

4.    This item was removed effective August 1, 2021. Incidents involving discrimination and discriminatory harassment will be addressed under the resolution procedures outlined in the Equal Opportunity, Diversity and Affirmative Action Plan.
5.    Sexual or Gender-Based Misconduct, which includes but is not limited to: nonconsensual conduct based on sex or gender that does not meet the definition of sexual harassment under the Title IX Sexual Harassment Policy, including off campus or international conduct. Consent, incapacitation, force, and coercion have the meanings ascribed to them under the Title IX Sexual Harassment Policy. All of the definitions included in this section apply regardless of sex or gender.

• a)    Sexual Harassment – The University prohibits conduct on the basis of sex that satisfies one or more of the following conditions:
   i.        An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; or
  ii.        Unwelcome conduct determined by a reasonable person to be so severe, pervasive, or objectively offensive that it effectively denies a person equal access to the
  University’s education program or activity.

Additionally, the behaviors as outlined in subsections (b) through (e) of this section constitute sexual harassment under The Student Code of Conduct.

b)    Sexual Assault – Attempts to commit any of the following acts are also prohibited.

i.    Rape - Rape is the penetration, no matter how slight, of the vagina, anus, or mouth with any body part of another person or by an object, without the consent of the victim (regardless of the role the victim has in the penetration). This includes attempts to commit the same. The act of oral sex or anal sex with another person, without that person’s consent also constitutes rape. or (2) the mouth of a person by a sex organ of another person, without that person’s consent. Sexual intercourse means penetration, no matter how slight, of a bodily orifice (vagina, anus, or mouth) by an object or by a body part, and/or non-consensual oral sex or anal sex.

ii.        Fondling -The intentional touching of another person on an area of the body generally recognized as private, of the touching of any part of another person’s body with the private part of one’s own body or object, no matter how slight, without the consent of the victim.
iii.        Non-consensual Sexual Touching – The intentional touching of another person’s body with the intent of sexual gratification, without the consent of the victim.
iv.    Statutory Rape – Statutory rape is sexual intercourse with a person who is under the statutory age of consent, which is 16 in Massachusetts. Attempts to commit statutory rape are also prohibited.
v.    Incest - Incest is sexual intercourse between persons who are related to each other and whose marriage would be prohibited by law. Attempts to commit incest are also prohibited.

c)    Dating Violence - Any act of violence or threatened violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) The type of relationship, and (iii) the frequency of interaction between the persons involved in the relationship. This includes, but is not limited to, sexual, emotional or physical abuse, or the threat of such abuse.

d)    Domestic Violence - Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by 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.

e)    Stalking - Engaging in a course of conduct directed (directly, indirectly, through a third party or other means) at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.
f)    Sexual Exploitation - Sexual exploitation is taking sexual advantage of another person for one’s own benefit or the benefit of anyone other than that person without that person’s consent, including but not limited to: recording images (e.g., video, photograph) or audio of another person’s sexual activity,
intimate body parts, or nakedness without that person’s consent; distributing through social media, text, email or other media images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure and objects to such disclosure; viewing child pornography; and viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable
expectation of privacy, without that person’s consent.

g)    Aiding in the Commission of Sexual Harassment or Sexual Exploitation – The aiding of assisting in the commission of an act(s) of sexual harassment or sexual exploitation is prohibited. Examples of aiding in the commission of sexual harassment or sexual exploitation include, but is not limited to:

•    Videotaping a person having sex with another person who is passed out drunk at a party.
•    Helping the person drug the victim’s drink.
•    Encouraging students to engage in sexual activity when one knows those students to be incapacitated.

h)    Failure to comply with Supportive Measures, Protective Measures, and Emergency Removals.