Hobart and William Smith Colleges

Prohibited Conduct

I) INTRODUCTION

One of the goals of Hobart and William Smith is to provide an environment in which all members are treated and treat others respectfully. Disrespectful behavior will not be tolerated in the HWS community. Hobart and William Smith do not allow any member of the community to engage in behavior that endangers the safety or well-being of others or themselves. Disciplinary proceedings may occur as a result of a student’s behavior anywhere off campus. Behavior that reflects negatively on the reputation of Hobart and William Smith and its students is, in and of itself, grounds for possible disciplinary action.

II) RULES & REGULATIONS

A) Abuse of the Conduct System, including, but not limited to, the following:

• Failure to comply with the directive to appear before a hearing panel or administrative review officer.
• Falsification, distortion, or misrepresentation of information before a hearing panel or administrative hearing officer.
• Disruption or interference with the orderly conduct of a conduct proceeding.
• Knowingly instituting a complaint that another member of Hobart and William Smith community has violated the Community Standards or other Colleges’ policies without cause.
• Influencing or attempting to influence another person to commit an abuse of the conduct system.
• Attempting to prevent an individual’s proper participation in, or use of the conduct system.
• Attempting to influence the impartiality of a member of a hearing panel or of an administrative review officer prior to, and/or during the course of, the conduct proceeding.
• Inappropriate behavior or conduct and/or intimidation of any person involved in a conduct proceeding prior to, during, and/or after that conduct proceeding.
• Failure to comply with a sanction imposed under the Community Standards.

B) Academic or Administrative Disruption: Behavior or conduct resulting in obstruction or prevention of teaching, research, administration, disciplinary proceedings, student organization, other Colleges’ activities or events, including its community service functions on or off campus, or other authorized non-Colleges activities, when the act occurs on Hobart and William Smith premises.

C) Acts of Dishonesty: Actual or attempted acts of dishonesty including but not limited to the following:

• Academic misconduct as defined in Academic Policies;
• Furnishing false information to any Colleges’ official, faculty member, course instructor or office;
• Forgery, alteration, or misuse of any Colleges’ document, record, or instrument of identification;
• Aiding or abetting the conduct in (1), (2), and/or (3);

D) Animals On-Campus: Since many people are allergic to animals and student residences do not provide adequate space or security for the humane care of animals, no animals other than aquarium fish are allowed in residences. Every animal on Hobart and William Smith property must be leashed at all times. Pets may not be tied to trees, bike racks, signposts, or other physical components of Hobart and William Smith. This includes pets who are visiting campus. Unauthorized animals are not permitted inside any residence hall for any length of time. If an unauthorized animal is found in residence, the residents of the room will be fined $150 per day (in addition to restitution for any damage or cleaning charges) until a notification of relocation is received and confirmed. Notwithstanding the foregoing, Hobart and William Smith Policy for Student Use of Animals on Campus may permit Service Animals and approved Assistance Animals to be present on campus in accordance with that policy. The full policy can be found on the Disability Services website.

E) Bullying: Any intentional electronic, written, verbal, or physical act or a series of acts of physical, social, or emotional domination that cause physical or emotional harm to another student, group of students, faculty members, or staff members. Bullying conduct may not only cause a negative effect on individuals targeted, but also others who observe the conduct. Bullying conduct is severe, persistent, or pervasive and has the effect of doing any of the following: (i) substantially interfering with a community member’s education, employment, or full enjoyment of Hobart and William Smith; (ii) creating a threatening or intimidating environment; or (iii) substantially disrupting the orderly operation of Hobart and William Smith.

F) Damage to Property/Vandalism: All members of the community must respect the physical plant of Hobart and William Smith. Destructive behavior, whether or not intentional, including destruction, defacement, removal, and unauthorized use of Colleges-owned property is prohibited. Persons who create safety hazards shall pay any fines imposed on Hobart and William Smith as a result of that hazard.

G) Disorderly or Disruptive Conduct:

• Behavior or conduct which includes any actions that are obscene, disruptive, or which unreasonably disturb others, including abusive language to students, faculty, staff, and other employees. Hobart and William Smith do not allow any member of the community to engage in behavior that endangers the safety or well-being of others or themselves. This includes behavior or conduct resulting in obstruction or prevention of teaching, research, administration, disciplinary proceedings, student organization, other Colleges’ activities or events, including its functions on or off campus, or other authorized non-Colleges’ activities, when the act occurs on Colleges’ premises.
• Any behavior or conduct which is disorderly or disruptive

H) Electronic Resources: Attempted or actual theft or other abuse of computer resources and systems pursuant to the Acceptable Use Policy for Hobart and William Smith College Computer Facilities. This includes illegal downloading of music, movies, etc.

I) Failure to Comply: Failure to comply with the reasonable direction of a member of Hobart and William Smith community or emergency or service personnel who are acting in performance of official duties, failure to complete a conduct sanction, failure to comply with other published policies, failure to identify oneself to these persons when requested to do so, and/or the failure to comply with published health emergency directives.

J) Federal, State, and/or local law/ordinance violation: Any violation of federal, state and/or local laws/ordinances regardless of whether such violation occurred on or off the College premises.

K) Gambling: Engaging in illegal gambling activities is prohibited.

L) Guest Behavior: Students shall be responsible for the behavior and conduct of any guests. Any violations of the Community Standards by a guest may result in a complaint against the hosting student.

M) Harassment: Any threat of use of violence, intimidation, either verbal or physical, against others, is strictly prohibited.

N) Hazing: Behavior or conduct, including, but not limited to hazing, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. Consent of the student or participant is not a defense against the inappropriate behavior or conduct. Additional information about the HWS Hazing Policy can be found in the Anti-Hazing section of this document.

O) Interpersonal Violence/Physical Assault: Physical abuse and/or other conduct which threatens or endangers the health, well-being or safety of any person.

P) Intimidation: Any verbal, written, or electronic threats of violence or other threatening behavior directed toward another person or group that reasonably leads the person(s) in the group to fear for her/his physical well-being. Anyone who attempts to use bullying or intimidation to retaliate against someone who reports an incident, brings a complaint, or participates in an investigation in an attempt to influence the conduct process will be subject to disciplinary action.

When bullying or acts of intimidation occur in the context of intimate-partner violence or when the behavior is perpetrated on the basis of sex or gender, the conduct will be resolved under the Title IX, Discrimination, and Harassment Policy.

Q) Off-Campus Disruption: Disciplinary proceedings may occur as a result of a student’s behavior anywhere off campus. Behavior that reflects negatively on the reputation of Hobart and William Smith and its students is, in and of itself, grounds for possible disciplinary action.

R) Policy Violations: Violation of published Colleges’ policies, rules, regulations, notices or statements, including, but not limited to, those contained in or pertaining to the Notice of Nondiscrimination, Information Technologies Policies, Health and Safety, COVID-19 specific policies, Housing and Dining Contract, Parking and Traffic Policies and Regulations, and the College Catalogue.

S) Reckless Endangerment: Behavior or conduct which places any person or persons at risk for injury or death regardless of whether such injury or death actually occurs.

T) Sexual Misconduct: As stated in the Title IX, Discrimination, and Harassment Policy, Hobart and William Smith Colleges are committed to fostering a non-discriminatory and harassment-free educational, living, and working environment for all members of the HWS community, including students, faculty, staff, volunteers, and visitors, through clear and effective policies, a coordinated education and prevention program and prompt and equitable procedures for resolution of complaints.

The full and comprehensive Title IX, Discrimination, and Harassment Policy, inclusive of institutional policies and procedures, can be found at the Office of Title IX Programs and Compliance, the Campus Life Office, the Student Engagement Office, Campus Safety Office, the Deans Offices, and several other locations on-campus. An electronic version can be found on the HWS Student Life website.

U) Smoking Policy: Smoking is prohibited in all Colleges’ owned or operated buildings, intercollegiate events (both indoor and outdoor), and, based on New York State’s Clean Indoor Air Act, in all indoor spaces, where no person shall smoke or carry a lighted cigar, cigarette (including electronic cigarettes and smoking devices), pipe, or any other form of smoking object. Students smoking indoors which results in a full fire alarm will be charged an automatic $500 fine.

V) Stalking: Hobart and William Smith prohibit any and all behavior that may be considered to be stalking. Stalking occurs when a person engages in a course of conduct directed at a specific person under circumstances that would cause a reasonable person to fear for the person’s safety or safety of others or to suffer substantial emotional distress. Course of conduct means two or more acts, including but not limited to, acts in which an individual directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about another individual or interferes with another individual’s property. Substantial emotional distress means significant mental suffering or anguish. Reasonable person means a reasonable person under similar circumstances and with similarities to the victim.

Such behaviors include, but are not limited to: phone calls, text, and voice messages; following to residence hall, class, work, or other daily activities; sending letters, emails, or gifts; contacting via any social media; making false online profiles; taking pictures of a person; and befriending person’s friends. When stalking occurs in the context of intimate-partner violence or when the behavior is perpetuated on the basis of sex or gender, the conduct will be resolved under the Title IX, Discrimination, and Harassment Policy.

W) Tampering with or falsely activating fire safety devices, as described in Residential Policies.

X) Theft: Attempted or actual theft of, or unauthorized possession or use of, property of Hobart and William Smith, property of a member of Hobart and William Smith community or other personal or public property.

Y) Unauthorized Entry: Unauthorized entry to or use of Colleges’ property.

Z) Unauthorized Possession of Keys/Cards: Unauthorized possession of, duplication of or use of keys, lock combinations, or identification cards to any Colleges’ premises.

AA) Weapons: Possession of firearms and/or weapons (including air guns, bb guns, paintball guns, pistols, ammunition, knives, slingshots, etc.), replica firearms, ammunition, explosives, or other weapons, or unauthorized use of dangerous chemicals or substances on premises of HWS. Weapons are not allowed in college residences, Greek housing, or on campus at any time. Possession of such weapons violates the New York State penal codes pertaining to colleges. The expression “firearm” will be broadly interpreted at the discretion of the Vice President for Campus Life or their designee.