UNIVERSITY STUDENT CONDUCT CODE

All students are encouraged to read the West Virginia University Board of Governors, Policy 31, University Student Conduct Code for West Virginia University Including Potomac State College, included in Appendix 1 of the Student Handbook available online at www.potomacstatecollege.edu.   

The West Virginia University Student Conduct Code shall apply to conduct that occurs

on University premises, at University sponsored activities, and to off-campus conduct that adversely affects the University Community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for 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 Conduct Code shall apply to a studentýs conduct, while a student as defined in this Code, even if the student withdraws from school while a disciplinary matter is pending. The WVU Vice President of Student Affairs or his/her designee shall decide whether the Student Code shall be applied to conduct occurring off campus, on a case by case basis.

Any student found to have committed or have attempted to commit the following misconduct is subject to the disciplinary sanctions outline in Article IV of the WVU Board of Governors, Policy 31: 
 

1. Acts of dishonesty, including but not limited to the following:

a. Plagiarism: Plagiarism is defined in terms of proscribed acts. Students are expected to understand that such practices constitute academic dishonesty regardless of motive. Those who deny deceitful intent, claim not to have known that the act constituted plagiarism, or maintain that what they did was inadvertent are nevertheless subject to penalties when plagiarism has been confirmed. Plagiarism includes, but is not limited to, the following:

i. Submitting as one's own work the product of someone else's research, writing, artistic conception, invention, or design; that is, submitting as one's own work any report, notebook, speech, outline, theme, thesis, dissertation, commercially prepared paper, musical piece or other written, visual, oral or electronic/computerized material that has been copied in whole or in part from the work of others, whether such source   is published or unpublished;

ii. Incorporating in one's submission, without appropriate acknowledgment and attribution, portions of the works of others; that is, failing to use the conventional marks and symbols to acknowledge the use of verbatim and near-verbatim passages of someone else's work or failing to name the source of words, pictures, graphs, etc., other than one's own, that are incorporated into any work submitted as one's own.

b. Cheating and dishonest practices in connection with examinations, papers, and projects including, but not limited to:

i. Obtaining help from another student during examinations;

ii. Knowingly giving help to another student during examinations, taking an examination or doing academic work for another student, or providing one's own work for another student to copy and submit as his/her own;

iii. The unauthorized use of notes, books, or other sources of information during examinations;

iv. Obtaining without authorization an examination or any part thereof.

c. Forgery, misrepresentation, or fraud:

i. Forging or altering, or causing to be altered, the record of any grade in a grade book or other educational record;

ii. Use of university documents or instruments of identification with intent to defraud;

iii. Presenting false data or intentionally misrepresenting one's records for admission, registration, or withdrawal from the university or from a university course;

iv. Knowingly presenting false data or intentionally misrepresenting one's records for personal gain;

v. Knowingly furnishing the results of research projects or experiments for the inclusion in another's work without proper citation;

vi. Knowingly furnishing false statements in any university academic proceeding.

2. Disruption or obstruction of, or leading or inciting others to disrupt or obstruct, teaching, research, administration, disciplinary proceedings, other University activities, including its public-service functions on or off campus, or other authorized non-University activities when the act occurs on University premises.

3. Physical abuse, verbal abuse, threats, intimidation, coercion and/or other conduct which threatens or endangers the health or safety of any person. Engaging in harassment or repeated unwanted contact, rising to the level of illegal harassment, including, but not limited to, stalking.

4. Attempted or actual theft of and/or damage to property of the University or property of a member of the University community or other personal or public property.

5. Hazing, which means to recklessly or intentionally cause any action or situation which endangers the mental or physical health or safety of another person or causes another person to destroy or remove public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a team, a group or student organization. The express or implied consent of the victim will not

be a defense. Knowingly witnessing or acquiescing in the presence of hazing are not neutral acts; they are violations of this rule.

6. Sexual Offenses, including, but not limited to:

a. Sexual intercourse with, and/or sexual intrusion against, a person capable of giving consent, without such personýs consent, or a person incapable of giving consent;

      b. Sexual assault or abuse, statutory or acquaintance rape, sexual harassment.

7. Failure to comply with directions of University officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.

8. Unauthorized possession, duplication or use of keys to any University premises or unauthorized entry to or use of University premises.

9. Violation of any published University policies, rules or regulations in hard copy or available electronically on the University website.

10. Violation of any federal, state, or local law.

11. Use, possession, or distribution of narcotic or other controlled substances except as expressly permitted by law.

12. Use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by University regulations), or public intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age.

13. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on University premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.

14. Improper obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University-sponsored or supervised functions.

15. Conduct which is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University.

16. Theft or other abuse of computer time, including but not limited to:

            a. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.

            b. Unauthorized transfer of a file.

            c. Unauthorized use of another individualýs identification and password.

            d. Use of computing facilities to improperly interfere with the work of another student, faculty member, or University official.

            e. Use of computing facilities to send obscene or abusive messages.

            f. Use of computing facilities to improperly interfere with normal operation of the University computing system.

            g. Use of computing facilities and resources in violation of copyright laws.

            h. Any violation of the University Computer Use Policy.

17. Abuse of the University Student Code of Conduct and hearing procedures, including but not limited to:

            a. Failure to obey the notice from a Student Conduct Board or University official to appear for a meeting or hearing for violations of the University Code of Student Conduct.

            b. Falsification, distortion, or misrepresentation of information before a Student Conduct Board.

            c. Disruption or interference with the orderly conduct of a judicial proceeding.

            d. Institution of a student conduct code proceeding in bad faith.

            e. Attempting to discourage an individualýs proper participation in, or use of, the judicial and other proceedings associated with the University Student Code of Conduct.

            f. Attempting to influence the impartiality of a member of a Student Conduct Board prior to, and/or during the course of, the judicial proceeding.

            g. Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Board prior to, during, and/or after a judicial proceeding.

            h. Failure to comply with the sanction(s) imposed under the student code.

            i. Influencing or attempting to influence another person to commit an abuse of the judicial system.

18. Actions which cause or attempts to cause a fire or explosion, falsely reporting a fire, explosion or an explosive device, tampering with fire safety equipment or intentionally failing to evacuate university buildings during a fire alarm.

Violation of Law and West Virginia University Discipline

            1. When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Vice President of Student Affairs or his/her designee.

2. If the alleged offense is also the subject of a proceeding before a Student Conduct Board under the Student Code, however, the University may advise off-campus authorities of the existence of the Student Code and of how such matters will be handled internally within the University community.

3. The University will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and with the conditions imposed by the criminal courts for the rehabilitation of student violators.

            4. Individual students and faculty members, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

Note: In certain circumstances, the Vice President of Student Affairs or his/her designee may impose a University or residence hall suspension prior to the hearing before a Student Conduct Board. An interim suspension may be imposed to ensure the safety and well-being of members of the University community or preservation of University property; to ensure the studentýs own physical or emotional safety and well-being; or, if the student poses a definite threat of disruption of or interference with the normal operations of the University. During the interim suspension, students shall be denied access to the residence halls and/or to campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Vice President of Student Affairs or his/her designee may determine to be appropriate.  The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Board Hearing, if required.