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Appendix C

Conduct Regulations

The responsibility for student conduct is under the general purview of the University Faculty and for administrative purposes has been delegated to the Office of Student Affairs. The committee on Student Relations (standing Committee of the University Faculty) regularly interprets, reviews, recommends changes in student conduct policies, and invites student comments relating to these policies.

University Policies on Alcohol and Other Drugs Philosophy

The University of Arkansas recognizes its responsibility to provide a healthy environment within which students may learn and prepare themselves as socially skilled, fully functioning and productive individuals. Campus substance abuse threatens this university's mission as an institution of higher education and interferes with individual learning. The University strives to establish a campus environment that makes the abuse of alcohol and the use of illegal, non-prescribed or harmful drugs undesirable choices. The University of Arkansas considers illicit drug use as wrong, harmful, and illegal.

The University of Arkansas Alcohol and other Drug Policies are consistent with the educational and non-punitive philosophy that governs the Student Judicial System. The system emphasizes personal responsibility and is intended to facilitate individual student growth and development. The University, however, recognizes the seriousness of the substance abuse problem that can threaten the fabric of the university community. Therefore, the judicial system will administer sanctions appropriate to the severity of the problem and may include separation from the University.

The circumstances accompanying each individual case are considered when determining the consequences for an alcohol or other drug policy violation. Educational interventions are emphasized; however, when indicated, students may be required to engage in counseling or other therapeutic activities.

The Student Assistance Program (SAP) at the University Health Center is designed to help students prevent harmful involvement with alcohol and other drugs. Education and assessment services are offered to assist individuals in defining their level of involvement and to present them with alternatives. When treatment for a substance abuse problem is indicated, a range of counseling services is available at CAPS (Counseling and Psychological Services).

Students may be referred to the SAP by the Judicial Board for a residence hall or fraternity/sorority for violation of University policy. Referrals are also accepted on a voluntary basis and from peers, faculty, and staff who are concerned about a student's drinking and/or other drug-related behavior. SAP phone number: 575-6376. CAPS phone number: 575-2277.

University officials will do everything they can to assist a student in obtaining appropriate care for an alcohol and/or other drug abuse concern. The fact that a student voluntarily seeks assistance will be taken into consideration as part of any judicial proceedings.

Alcohol Policy

University of Arkansas Board Policy No. 860.1, February 22, 1974.

Possession and use of intoxicants in public areas of University facilities (including organized houses) and at official University functions held on campus is prohibited. Persons of legal age as prescribed by state law regarding alcoholic beverages may possess and consume these beverages in the privacy of assigned student rooms. Irresponsible behavior while under the influence of intoxicants is not condoned and may be subject to review and/or action by the appropriate judicial body.

Clarification to Alcohol Policy

To help reduce the incidence and prevalence of alcohol use that may adversely affect the quality of an individual's experiences at the University of Arkansas, abstinence is expected. No alcohol may be brought to any on-campus social event. All open containers must be emptied and/or disposed of prior to entering the public area of the facility. Kegs and other similar containers used for alcoholic beverages, including but not limited to party balls, trash cans, bathtubs, etc., are not permitted anywhere on campus.

Students of legal age who choose to drink, either on or off campus, are expected to handle alcohol in a low risk manner and behave responsibly. Violations of state law, city ordinance or University regulations may be considered grounds for legal and/or disciplinary action.

The use of alcohol will not, under any circumstance, be accepted as an excuse for irresponsible behavior. Any effort to induce or force a student to drink against his/her expressed desire will be treated as a serious offense. Furthermore, no person may provide any alcoholic beverages to any person less than 21 years of age.

Alcohol Policy Violation - Progressive Intervention

Students are responsible for their alcohol related behavior and should be aware of the natural and logical consequences associated with these behaviors. As students continue to engage in alcohol use/abuse behaviors that violate policy, the level of intervention will be increased accordingly. The course of progressive intervention begins with the initial policy violation and will continue to be administered throughout the time that a student is enrolled at the University.

Drug Use Policy

Possession, use, or manufacture of illicit drugs is strictly prohibited at the University of Arkansas. Students enrolled in the University of Arkansas are subject to disciplinary action for violation of federal or state law regarding the possession, purchase, manufacture, use, sale or distribution (by either sale or gift) of any quantity of an prescription drug or controlled substance/or for being under the influence of any prescription drug or controlled substance, except for the use of any over-the-counter medication or for the prescribed use of medication in accordance with the instructions of a licensed physician. Possession of paraphernalia associated with the use, possession or manufacture of a prescription drug or controlled substance is also prohibited.

NOTE: Controlled substances include but are not limited to: marijuana, cocaine, "crack," heroin, amphetamines, barbiturates, LSD, PCP, and "designer drugs" such as "ecstasy" and "ice."

Drug Policy Violations - Progressive Interventions

Progressive interventions will be administered throughout the time that a student is enrolled at the University.

First Infraction (Possession and/or Use)

Students who are found responsible for unauthorized possession and/or use of a prescription drug or controlled substance will be considered for disciplinary probation. First offenders will also be required to participate in a drug abuse education and/or treatment program.

Second Infraction (Possession and/or Use)

Students found responsible for these actions will be considered for separation from the University

First Infraction (Manufacture and/or sale of any prescription drug or controlled substance)

Students found responsible for these actions will be considered for separation from the University.

Student Organization Responsibilities for Both Alcohol and Other Drug Policies

A process of "progressive intervention" will be followed in the event that a student group or organization is cited for violation of the University alcohol and/or drug policy. This process will be administered for a period of four years beginning with the most recent policy violation.

First Infraction

1. Initial policy violations will result in cancellation and non-approval of all social functions for eight academic weeks. These eight weeks will be counted during the fall and spring semesters. (Generally, the summer months will not count toward this eight-week period.)

2. Appropriate documentation will be filed with the Judicial Affairs Office and sent to the president of the organization and the national organization. Consequences for further violations will be included.

3. The membership of the student group/organization at minimum will be referred to the Student Assistance Program (SAP) and required to attend the alcohol and other drug education series.

Second Infraction

1. Second policy violations will result in cancellation and non-approval of all social functions for 16 academic weeks. This 16 weeks will be counted during the fall and spring semesters. (Generally, the summer months will not count toward this 16-week period.)

2. The student group/organization may at minimum be placed on University disciplinary probation by the appropriate judicial board for a period of one year.

3. Documentation will be presented to the national organization, with a copy to the Dean of Students Office, citing the present disciplinary status with the University and the consequences for further violations.

Third Infraction

1. The student group/organization will be considered for suspension of its status (authorization) as a registered student organization of the University. Accordingly, the organization loses all privileges associated with that official status.

In all infractions, whether student or organizational in nature and depending upon the surrounding circumstances, additional disciplinary sanctions may be levied. It is the University's expectation that students who belong to organizations that have stricter policies than those of the University will adhere to those stricter policies.

Policy for Social Events
University of Arkansas Board Policy No. 865.1, May 11, 1957.

1. There shall be no use of alcoholic beverages at any all-University function. An all-University function is hereby defined as a function that any student may freely attend.

2. Alcoholic beverages shall not be used in any University-owned educational or recreational building.

3. Alcoholic beverages shall not be used at any undergraduate
student social function.

4. In any other situation not defined herein, the Student Senate disapproves of the use by students of alcoholic beverages in violation of state laws.

5. A social function is defined as any event given by or for an organization.

6. No student activities shall be conducted in such a manner as to interfere with classes, studies, or other University functions. Hazing that may result in injury or undue degradation of the individual is not permitted."

The following procedures have been established to emphasize the shared responsibility of the host organization and individuals attending social events. Social events are defined as any event outside the normal operations of the organization. These procedures are intended to reduce risks associated with social events and to assure compliance with University policies as well as state and local laws concerning the use of alcohol and other drugs.

Registration

Any social event that is to be held on the University property or in organized student housing by one or more student organizations must be registered. Student organizations other than living groups will register social events through the Office of Office for Student Involvement & Leadership. Living groups (Residence halls and Greek houses) will register events through Residence Life or the Office of Greek Affairs, respectively.

All social events must be registered at least one week prior to the date of the event.

Student organizations will have a designated faculty adviser or authorized sponsor present at the event. In addition, the registering office representative will meet with the organization leader(s) to plan procedures in accordance with these guidelines for the event.

Social events will not be permitted unless complete compliance with these procedures, University policies, and state and local laws can be assured to the best of the ability of the hosting group(s).

Invitation and Guest List

All social events will be restricted to invitation and guest list. Guests (other than members and the dates of the sponsoring group(s) must receive written invitation prior to the event. Invitations will be collected and disposed of at the approved entrance(s) and will include the name of the function, the sponsoring group(s), date, time, the University policy concerning the use of alcohol, and where appropriate the organization's official identification symbol. A guest list must be present at the entrance to allow for those guests who do not have their invitations.

Maximum Occupancy

The maximum number of individuals permitted to be in attendance at a particular event at any one time must be determined prior to the registering the event and in conjunction with the appropriate fire marshal and the University personnel registering the event. The host group(s) will be responsible for keeping an accurate count of the number of individuals in attendance at any one time.

Entrances and Exits

The number of permissible entrances for a registered social event will be determined at the time the event is registered and by the office registering the event. Likewise, the number of exits (along with the appropriate requirements for manning them) will be determined by the registering office at the time the event is registered and will be based on appropriate fire codes and safety requirements.

Outdoor Activity

Outdoor activities are permitted; however, the hosting group(s) is (are) reminded that alcoholic beverages are not permitted in any public area of the living units or on the University campus.

Marshals

Marshals should be identified individuals (example: t-shirts, armbands) and are responsible for the proper management of the social event. They are expected to be on duty for the duration of a social event. Marshals will refrain from consumption of alcohol and work with the faculty adviser or sponsor, and UAPD officers, when appropriate.

Some of the marshal's responsibilities include but are not limited to: controlling entrances and exits, verifying invitations, confronting individuals with alcohol in public areas, confronting other persons displaying inappropriate behavior, assuring that no alcohol enters or leaves the social function, and making decisions regarding the continuation of an event, if necessary.

A two-hour training program is conducted for marshals at the beginning of each semester by UAPD, and all potential marshals for a student organization's social events are required to attend. In addition, it is also required that the organization's four major officers and activities chairperson attend for these training programs.

University of Arkansas Police Officers

The registering office of the sponsoring group(s) will determine whether the organization will need University of Arkansas Police Department (UAPD) designated officers present at the event. The registering office representative will make the request to the UAPD for officers.

The sponsoring organization will be responsible for employing the officers at a time and one half rate. The number of officers employed will be determined by the registering office and the Director of the UAPD.

Structures

Due the potential liability, the only structures that the University will permit to be constructed are fences built to insure that only those individuals possessing an invitation enter the event. Materials must be evaluated by the City Fire Marshal for safety. Any structure must be approved a week before building is to start by the Greek Affairs Office. The building of structures may begin one week prior to the social event.

Clean-up

A clean-up committee must be identified prior to the activity. Clean up of the outside property, fences, and neighborhood must be completed immediately following the event. All materials must be removed within two days of the function.

Off-Campus Social Events

Any registered student organization(s) that sponsors a social event away from campus is (are) obligated to adhere to all local and state laws.

It is the responsibility of the sponsoring group(s) to institute measures to assure that minors do not consume alcoholic beverages at
off-campus social events. Groups are reminded that off-Office for
Student Involvement & Leadership do not lessen their responsibility or liability. If alcohol is available, food and non-alcoholic beverages must be provided.

Sanctions

If University policies, state and/or local laws are violated during or as a result of a social event, the sponsoring group(s) will be considered responsible and held accountable for the violations(s). The group must understand that other potential legal liabilities may also occur for the organization, individual students, officers, guests, and advisers.

Littering, infringing upon the rights of others, and abuse of public or private property are also examples of violations of this policy. Other possible violations of University policy will include but are not limited to the following:

1. Failure to register functions

2. Construction of unauthorized structures

3. The failure to use required entrances and exits properly

4. The consumption of alcohol by individuals who are under the legal age

5. The providing of alcohol to any person under 21 years of age

6. The consumption of alcohol outside the privacy of assigned student rooms

7. Allowing individuals without written invitations to enter the party

8. Failure to provide adequately trained and identified marshals to supervise the event

9. Failure to collect and account for invitations at the door

10. Exceeding the maximum number of guest at any given time

11. Failure to comply with the policies regarding Sound System and Sound Ordinances

12. Failure to adhere to clean-up plans

13. Failure of responsible members to attend all training sessions.

Possible penalties for violations of these regulations include:

1. Legal action, including citation or arrest.

2. University disciplinary action that will include loss, curtailment or elimination of student social functions and notification of national organization where applicable.

3. Student organizations may also lose their recognition as a campus organization.

Certification of Agreement to Comply

These policies must be posted in a conspicuous spot for all members of the group to read. Verifying signatures of executive officers and advisers of these policies will be required as part of the registration form.

NOTE: All groups should remember that these are minimum standards of care that should be exercised in all social events. Depending on the scope of activities, additional measures may be deemed necessary by the group/university to insure a safe and enjoyable activity.

Contempt

Conduct that may impede or obstruct the operation of the University's judicial system is prohibited and may result in disciplinary action. Conduct prohibited may include, but is not limited to, refusing to respond to an official request for information related to an alleged violation of University policy, failure to attend a hearing or pre-hearing conference as requested, disrupting an official judicial system proceeding, and/or failure to fulfill obligations associated with an official sanction of a judicial board or hearing officer.

Deception, Fraud, Misuse of Documents

Furnishing false information to the University with intent to deceive is explicitly prohibited, as is forgery, alteration, unauthorized possession, or misuse of University documents, records, and identification cards.

Firearms

Firearms, explosives, air guns, and other similar weapons not supervised by the ROTC Departments may not be kept or used on the campus or in University buildings, residence halls, or fraternity or sorority houses.

Hazing

Hazing is defined as any activities causing mental or physical stress and/or embarrassment that are required of an individual joining or belonging to any organization. In 1983 the Arkansas General Assembly passed Act 75, "An Act To Prohibit Hazing in Any School, College, University, Or Other Educational Institution in Arkansas; And For Other Purposes."

Arkansas Act 75 of 1983 states:

SECTION 1. No student of any school, college, university, or other educational institution in Arkansas shall engage in what is commonly known and recognized as hazing, or encourage, aid, or assist any other student in the commission of this offense.

SECTION 2. Hazing is defined as follows:

(1) Any willful act on or off any school, college, university, or other educational institution in Arkansas by one student alone or acting with others, directed against any other student done for the purpose of intimidating the student attacked by threatening such student with social or other ostracism, or of submitting such student to ignominy, shame, or disgrace among his fellow students, and acts calculated to produce such results; or

(2) The playing of abusive or truculent tricks on or off any school, college, university, or other educational institution in Arkansas by one student alone or acting with others, upon a student to frighten or scare him; or

(3) Any willful act on or off any school, college, university, or other educational institution in Arkansas by one student alone or acting with others, in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim, or to do or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution or any assault upon any such students made for the purpose of committing any of the acts, or producing any of the results, to such student as defined in this section.

(4) The term hazing as defined in this Section does not include customary athletic events or similar contests or competition, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.

SECTION 3. No person shall knowingly permit, encourage, aid, or assist any person in committing the offenses of hazing, or willfully acquiesce in the commission of such offense, or fail to report promptly his knowledge or any reasonable information within his knowledge of the presence and practice of hazing in this State to an appropriate administrative official of the school, college, university, or other educational institution in Arkansas. Any act of omission or commission shall be deemed hazing under the provisions of this Section.

SECTION 4. The offense of hazing is a Class B misdemeanor. A Class B misdemeanor is punishable by up to ninety (90) days in jail and may include a fine of up to $500.00.

SECTION 5. Upon conviction of any student of the offense of hazing, he shall, in addition to any punishment imposed by the court, be expelled from the school, college, university, or other educational institution he is attending.

SECTION 6. Nothing in this Act shall be construed as in any manner affecting or repealing any law of this State respecting any other criminal offense.

Gambling

Gambling is not permitted on campus, in the residence halls, fraternity or sorority houses, or at official functions of student organizations.

Prohibition of Pets

For the interest of promoting greater personal safety, a more healthful environment and increased maintenance efficiency in residence halls, Greek houses and academic buildings, pets are prohibited.

Exceptions to this policy are limited to guide dogs for the visually disabled; animals, fish, fowl or reptiles under the control of and used by academic departments for approved teaching and/or research purposes; and those animals, fish, fowl or reptiles used in approved art performances.

In addition, University Housing and the Arkansas Union have specific pet policies that are published and enforced.

Property and Rights

Destruction, damage, unauthorized possession, or misuse of University or private property (including keys, library materials, and laboratory supplies) as well as disregard of the rights of others is prohibited. Participation in (1) hazing, (2) acts that are degrading or injurious or that hold another against his or her will, and (3) the physical abuse of another person, are specifically prohibited.

Protest Activities and Demonstrations

Student protest activities or demonstrations are fully permitted, subject only to the provisions herein stated and to procedures respecting the use of University facilities and policies regarding outside speakers and performers, unless such activities or demonstrations (a) interfere with campus order and access, the normal functioning of the University, or the rights of other members of the University community; (b) result in injury to individuals on the campus, damage to individual or University property or unauthorized attempted or actual entry into University buildings; (c) interrupt the proceedings of a scheduled University or student-sponsored program, activity, or event (permission to participate in such events must be granted by the sponsoring organization prior to the program itself);or (d) present a clear and impending threat to the safety of individuals, to University property, or to the University community generally. Students who organize or participate in the prohibited activities described herein, or students who attempt to interfere with legitimate demonstrations and activities, are subject to appropriate disciplinary action.

Code of Computing Practice

Individuals who are granted computing accounts to use computing resources at the University of Arkansas are granted such access as a privilege. Each user is expected to use accounts/resources responsibly within the University approved educational, research, and/or administrative purposes for which they were granted. Activities beyond these stated purposes are strictly prohibited. Disciplinary action will be taken whenever any user is found to be in violation of the code. A complete copy of the Code of Computing Practice can be obtained from the Department of Computing Services, telephone 575-2905, or by visiting http://www.uark.edu/campus/compserv/npp/policies/code.html on the World Wide Web.