E. University Policies (applies to ALL students)

18. Aiding or Abetting: Attempting, aiding, abetting, or being an accessory to an act is prohibited by the University shall be considered the same as a completed violation. Students who anticipate or observe a violation of the Code of Student Conduct are expected to remove themselves from association or participation and bystanders are encouraged to report the violation. (Level A, B, C, or D)

19. Alcohol: Students are expected to comply with all University policy, state and local laws.

NOTE:   As Christians, we view the care of our bodies as part of our total context for life. God in His Word, gives life and sustains it (Genesis 1:27). He affirms the proper and good care of our bodies as His temple (I Corinthians 6:19-20). As such, He forbids misuse, overuse, and abuse of substances that are harmful for our bodies (2 Corinthians 7:1). Further, God invites and commands us to care for each other, assisting our neighbor in avoiding the abuse of any drug or substance that harms the body and the mind (John 13:34-35). Therefore, Concordia University is a drug-free and dry campus.

Please refer to the Resource List at the end of this document to read state alcohol laws.

a. Use, possession, manufacturing, distribution of alcoholic beverages, and possession of alcohol containers on University premises is prohibited.

NOTE 1: The University will also consider ALL individuals found in a location where an alcoholic beverage is present to be in possession of an alcoholic beverage. This would include locations off campus (e.g., underage students drinking in a bar or at a house party).

NOTE 2: The University reserves the right to, as a condition of enrollment 1) require an offender to enter a University drug or alcohol program, 2) require an offender to get a drug or alcohol assessment and, if deemed appropriate, complete an approved rehabilitation program, and/or 3) ask participants of co-curricular activities to submit to drug testing, which may be at the student’s own expense (failure to comply with this request will result in the participant being barred from further participation in that activity).

NOTE 3: Alcohol includes beverages of low-alcohol content (e.g., “near” beer, cooking sherry/wine).

NOTE 4: Any person who is encountered by Campus Safety and is suspected of having consumed alcohol will be subject to a Preliminary Breath Test (PBT) for the purpose of determining if alcohol has been used by the student. Any student who refuses to provide a PBT breath sample will be considered in violation of this alcohol policy.

NOTE 5:  Drinking paraphernalia that contributes to over and mass consumption including beer pong tables, beer bongs, or shot glasses.

b. Possession or consumption of alcohol by anyone under the age of 21 is prohibited.

c. Providing alcohol or access to alcohol to anyone under the age of 21 is prohibited. Students hosting (e.g. name is on lease or rental agreement) off-campus events will be considered in violation of providing alcohol and/or access to alcohol if persons under the legal drinking age are present.

d. Violating any provision of the Code of Student Conduct while under the influence of alcohol constitutes a violation of this policy.

e. Common containers (e.g., kegs) are prohibited on campus.

f. Operating a motor vehicle under the influence of drugs or alcohol (DUI/OWI) on campus or off campus is prohibited.

NOTE: Underage students who possess alcohol and/or drugs and/or drink while operating a motor vehicle will be considered driving under the influence.

g. Amnesty: In certain circumstances, students may qualify for amnesty. See the Medical Amnesty Policy as outlined in Article III.

20. Animals/Pets:  Pets are not allowed in the resident halls with the exception of fish. The capacity of the fish tank cannot exceed 15 gallons. Animals are prohibited from the campus and at University-sanctioned events off campus. All service animals or emotional-support animals must be approved by the University, per its CU Policy and Guidelines for Emotional-Support Animals.

NOTE: The University is committed to compliance with state and federal laws as the laws relate to individuals with disabilities. See the University’s “Emotional-Support Animal Policy.”

21. Arrest Policy: Students who are arrested or taken into custody by any law enforcement agency are required to inform the Dean of Students or other appropriate university official (e.g., program director, coach) within 48 hours of their release. Students arrested may be subject to University disciplinary action when their conduct violates University standards. (Level B)

22. Bicycles: Bicycle riding, skateboarding, roller skating, rollerblading, scooter riding, Hoverboards (see note below), shoes with wheels (e.g., “heelies”), remote control toy cars, or other similar behavior within the hallways, rooms, or within the buildings of the University is prohibited. (Level A)

NOTE:  Possession or use of Hoverboards is prohibited on campus.

23. Computer/Technology Misuse: The theft or other abuse of computer time/resources is prohibited. This includes but is not limited to:  (Level B, C, D, E)

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

b. Unauthorized transfer of a file;

c. Unauthorized use of another individual’s identification or password;

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

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

f. Use of computing facilities to view pornographic material;

g. Use of computing facilities and resources to interfere with normal operation of the University computing system;

h. Use of computing facilities and resources in violation of copyright laws;

i. The reproduction (still picture, motion picture or video) without permission from the Marketing office or President/Vice President of the University of any University icon, facility, and/or landmark which is posted electronically in a public venue may be subject to disciplinary action as outlined in this section; and/or

j. Any violation of the University’s “Acceptable Use Policy.” (see here)

NOTE 1: This includes, and is not limited to, acts originating on University-owned computers in and out of student labs and privately owned computers in the resident hall rooms using University networking. All students are required to sign and follow an acceptable use policy annually.

NOTE 2: The University and its faculty and staff do not monitor online communities and e- communication. Further, the University does not forbid faculty, staff and students from joining and participating in online social communities as individuals not acting as agents of the University. However, any behavior that violates this Code which is brought to the attention of a University official will be treated as any other violation and will be referred through channels outlined in this Code.

24. Damage to Property: Damage to or destruction of property or actions that have the potential for such damage or destruction is prohibited. Conduct which threatens to damage, or creates hazardous conditions such as dropping, throwing, or causing objects or substances to fall from windows, doors, ledges, balconies or roofs is also prohibited. This includes, but is not limited to, unauthorized application of graffiti, paint, etc. to property or removal of window restrictors, security screens, etc. (Level A-D + cost of repairs)

25. Disruptive Activity: No person or organization may interfere with, disrupt normal activity and operations of, or promote the interference or disruption of students, faculty, administration, staff, or the educational mission of the University or its buildings, equipment or facilities. Any form of expression that materially interferes with such activities and operations or invades the rights of persons is prohibited. (Level A, B, C, or D)

a. Non-compliance with reasonable time, place, or manner restrictions on expression is considered a violation of this section. Such activity includes, but is not limited to, behavior in a classroom or instructional program that interferes with the instructor or presenter's ability to conduct the class or program, or the ability of others to profit from the class or program.

b. To remain in the vicinity of activity that is disrupting normal University functions when requested to leave by a University official is prohibited. Bystanders, if their presence incites or adds to the disruption, may be in violation of this policy as well.

c. No student shall engage in disrespectful or uncivil behavior directed toward a University official, regardless of whether the official is on duty or off, or CU students, including but not limited to verbal statements or written communication (including social media).

26. Dress: As Christians, we view the care of our bodies as part of our total context for life. God in His Word, gives life and sustains it (Genesis 1:27). He affirms the proper and good care of our bodies as His temple (1 Corinthians 6:19-20). Inappropriate dress such that the attire could be considered provocative or would make others uncomfortable is prohibited. Recognizable gender parts must be covered at all times in public areas. (Level A or B)

NOTE: Please remember that shoes must be worn in all academic, administrative, and campus food service locations.

27. Drugs: Students are expected to comply with all University policies as well as all federal, state and local laws.

NOTE:   As Christians, we view the care of our bodies as part of our total context for life. God in His Word, gives life and sustains it (Genesis 1:27). He affirms the proper and good care of our bodies as His temple (I Corinthians 6:19-20). As such, He forbids misuse, overuse, and abuse of substances that are harmful for our bodies (2 Corinthians 7:1). Further, God invites and commands us to care for each other, assisting our neighbor in avoiding the abuse of any drug or substance that harms the body and the mind (John 13:34-35). Therefore, Concordia University is a drug-free and dry campus.

a. The unauthorized possession, use, manufacture, sale, or distribution of any counterfeit, illegal, dangerous, "designer," or controlled drug or other substance is prohibited. This includes prescription medications. Violating any other provision of the Code of Student Conduct while under the influence of any illegal or illegally obtained drug is also a violation of this policy. The possession of drug paraphernalia is also prohibited. A diluted, late, missed, forged, or failed university required drug screen will constitute a violation of this policy.

b. Amnesty: In certain circumstances, students may qualify for amnesty. See the Medical Amnesty Policy. (see Article III for complete policy)

NOTE 1: The University will also consider ALL individuals found in a location where a drug is present to be in possession of a drug. This would include locations off campus (e.g., underage students drinking in a bar or at a house party). The University reserves the right to, as a condition of enrollment 1) require an offender to enter a University drug or alcohol program, 2) require an offender to get a drug or alcohol assessment from a licensed agency and, if deemed appropriate, complete an approved rehabilitation program, and/or 3) ask participants of co-curricular activities to submit to drug testing, which may be at the student’s own expense (failure to comply with this request will result in the participant being barred from further participation in that activity).

NOTE 2: Students who test positive to an athletic drug screen will be referred to the Dean of Student’s office for possible violations of the code of student conduct.

NOTE 3: Occasionally, local, state, and/or federal laws do not align. When that is the case, the University must establish a position that best allows its mission to be fulfilled in the University community. For example, the University does not recognize medical marijuana as an exception to its drug policy.

28. Failure to Comply: Students and student organizations are expected to comply with and respond appropriately to the reasonable requests of University (including but not limited to such things as new or temporary guidelines) as well as its officials in the performance of their duties. Students are expected to appear at conduct hearings to respond to allegations or testify as a witness. A failure to properly comply with or complete a sanction or obligation resulting from a conduct hearing or adjudication may also be considered failure to comply with an official request.  (Level A, B, C, or D)

29. Fire Alarms/Safety Equipment: No person shall make, or cause to be made, a false fire alarm or emergency report of any kind. No person shall tamper with, damage, disable or misuse fire safety equipment including, but not limited to, fire extinguishers, fire hoses, fire alarms and fire doors. Tampering with or disabling any fire safety equipment in a residence hall may result in a student’s immediate removal from University Housing and a fine. Students are required to evacuate any University building when a fire alarm is sounding and/or when instructed to do so in an emergency or drill by University staff. (Level A, B, C, D + municipal fee for MFD response)

NOTE 1: No lights or decorations may be hung across ceiling or on door.

30. Fraud/Lying: Lying or fraudulent behavior in, or with regard to, any transaction with the University, whether oral or written, is prohibited, including but not limited to misrepresenting the truth before a hearing of the University or knowingly making a false statement orally or in writing to any University official. (Level B, C, D + retraction when appropriate)

31. Gambling: The University prohibits gambling, as defined by state law. (Level A, B, C)

32. General Laws: Students or student organizations involved in alleged violations of any federal, state, or local laws may be subject to disciplinary action. These allegations will be adjudicated using the University standard of proof and procedure. Disciplinary action imposed by the University may precede and/or be in addition to any penalty imposed by an off-campus authority. (Level A, B, C, D, E)

33. Harassment (and Bias-related Incidents): Conduct that creates or attempts to create an intimidating, hostile, or offensive environment for another person is prohibited. Such conduct includes, but is not limited to, action(s) or statement(s) (including social media) that threaten, harm or intimidate a person, or any other form of unwanted contact. (Level A, B, C, or D)

NOTE: Bias-related incidents are behaviors that constitutes an expression of hostility against a person or property of another due to the targeted person’s race, religion, sexual orientation, ethnicity, national origin, gender, age, marital status, political affiliation, or disability. These acts or behaviors may not rise to the level of a crime, or a violation of state or federal law, but may contribute to creating an unsafe, negative, or unwelcome environment for the targeted person. Bias is a broad category of behaviors including discrimination, harassment, and other actions which demean or intimidate individuals or groups because of personal characteristics or beliefs or their expression.

34. Harm to Person(s): Actions which result in physical harm, have the potential for physically harming another person, which create conditions that pose a risk of physical harm to another, or which cause reasonable apprehension of physical harm are prohibited. Conduct that threatens to cause harm to persons, or creates hazardous conditions for persons, is also prohibited.

Harm to person(s) includes but is not limited to:

a. physical fights; physical altercations

b. pranks which injure or have the potential of injury to another person

c. health and safety (such as exposure to something harmful)

NOTE:  Fighting is considered a form of “Harm to Person(s).” The University expects that students will withdraw from situations that may result in fighting. Students always have the option of contacting a University official to assist with a situation. Therefore, the University will charge both/all students who participate in fighting. The burden of proof will fall upon the student to demonstrate that he/she took reasonable measures to withdraw from the situation.

35. Hazing: An act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy and/or complicity in the presence of hazing are not neutral acts; they are violations of this policy.

Hazing includes, but is not limited to:

a. All forms of physical activity deemed dangerous or harmful;

b. The application of foreign substances to the body;

c. Scavenger hunts involving illegal activities, kidnapping, or ditching a member of the community;

d. Depriving students of sleep;

e. Not providing decent and edible foods;

f. Depriving students' means of maintaining personal hygiene;

g. Forcing, coercing, pressuring, or requiring students to consume alcohol or foreign or unusual amounts of substances;

h. Nudity or forcing students to dress in a degrading manner; and/or

i. Psychological hazing: any act which is likely to compromise the dignity of a student; cause embarrassment or shame to a student; cause a student to be the object of ridicule or malicious amusement; or inflict psychological or emotional harm.

36. Host Responsibility: Students are accountable for any and all violations their guests may commit while visiting the University student. (Level A, B, C)

NOTE 1: Current students may not host persons banned from the campus or any facility (e.g., Fieldhouse, academic buildings, residence halls), including but not limited to individuals whose housing agreements have been cancelled or revoked for any reason. Resident students may not host banned persons in the residence halls.

NOTE 2: Hosting a relative or non-relative child without parental supervision is prohibited (i.e., baby-sitting). Exceptions to this policy may be granted by a University official tasked with the supervision of a given facility (e.g., Resident Director for a residence hall, Director of Athletics for the Fieldhouse, Coordinator for Student Activities for the Student Center).

37. Interference/Obstruction of the Conduct Process: Interfering in any manner with the student conduct process is prohibited. Examples of violating this policy include, but are not limited to: (Level C, D, or E)

a. Failing to participate in a hearing or investigation;

b. Colluding with or intimidating witnesses;

c. Intimidating any member of a student conduct panel or hearing board; and

d. Providing false information or intentionally omitting relevant information from an investigation or hearing.

38. Littering: Littering on University premises is prohibited, including but not limited to the improper disposal of personal garbage (e.g., placing trash in non-designated areas). (Level B + clean-up costs)

39. Misuse of Documents: Forgery, alteration, or misuse of any document, record, or officially- issued or legal identification is prohibited. (Level B, C, D, E)

40. Misuse of Student Identifications: Providing access to unauthorized persons, allowing another person to use your university issued student ID, failing to present a Student ID card when requested by a University official acting in the performance of his or her duties, or possessing or using a fraudulent ID card, may subject the owner and/or the holder to disciplinary action. (Level A, B, C, or D)

41. Misuse of Keys: No person may use or possess any University key without proper authorization. No student is allowed under any condition to have a University key duplicated. (Level A, B, C, D, or E)

42. Motor Vehicles: Operating a motor vehicle on University property in a manner that causes or might potentially cause physical harm to an individual or property is prohibited. Failure to register a vehicle with Campus Safety, parking a vehicle in unauthorized parking lots or in unauthorized areas (e.g., parking outside striped double parallel lines and in restricted parking areas), driving or parking a vehicle on the grass or in an unsafe manner anywhere on campus is prohibited. Driving on University-owned or controlled property without a valid driver’s license is prohibited. (Level A, B, or C)

NOTE: After multiple parking tickets within one year, the student may be subject to referral to the student conduct system. Habitual offenders may be subject to having their car towed at the owners’/students’ expense.

43. Posting: Publication and/or dissemination of materials on campus which have not been previously approved by Concordia University representatives are prohibited. (Level A)

44. Retaliation: Retaliation is defined as any adverse action taken against a person participating in a protected activity because of his/her participation in that protected activity. (see sanctioning grid)

NOTE 1: Retaliation against an individual for alleging harassment or discrimination, supporting a complainant, or for assisting in providing information relevant to a claim of harassment or discrimination is a serious violation of University policy and will be treated as an instance of harassment or discrimination.

NOTE 2: Acts of alleged retaliation should be reported immediately to the Title IX Coordinator, to the CSAO, Dean of Students and/or Campus Safety and will be promptly investigated. The University will take all appropriate actions to protect individuals who fear that they may be subjected to retaliation.

45. Searches: Failing to comply with a reasonable request to search is a violation of this policy, including events held on University premises or at off-campus University-sponsored functions. Students who are in possession of a bag, purse, backpack, or any other container where contraband, weapons, alcohol, or any other prohibited substance could be contained is subject to search by a University official. This includes, but is not limited to, vehicles parked on University premises, or at off-campus University sponsored events, when there is reason to believe the vehicle contains any prohibited item. (Level B, C, or D)

46. Sexual Behavior: Consensual sexual behavior outside of marriage is prohibited. Because sexual behavior can involve a wide range of behavior the Dean of Students (or the Dean's designee) is charged to evaluate each case individually. (Level A, B, C, D, or E)

NOTE 1: As Christians, we embrace the proper place of sexuality within God's plan, viewing sex as part of our total personality and part of the total context of life. As His good gift to humanity, God in His Word affirms sexual union only in the marriage relationship of one man and one woman where their sexual intimacy performs various functions, including the building of the relationship through physical and emotional communication and sharing. (Genesis 2:18-25; Matthew 19:4-6) This physical, sexual sharing is only one part of a total relationship in a lifelong process which also involves emotional, social, spiritual and intellectual aspects, getting to know one another as total persons, developing in all of these areas. (Ephesians 5:19-33) As each person grows and matures, there is always more to learn about him or her. Therefore, sharing one's self sexually (e.g., sexual intercourse) outside of marriage would be inappropriate and unhealthy. (Colossians 3:1-17)

Students are expected to comply with all University policies as well as all federal, state and local laws.

NOTE 2: Pornography. The viewing and/or possession of pornography (in any form) will also be considered a violation of this policy. The focus of pornography is purely sexual and thus does not promote individuals getting to know one another within the context of a healthy Christian relationship or promote individuals in developing their own Christian moral fiber.

NOTE 3: Sexual Misconduct. See Title IX iInformation:

https://www.cuw.edu/about/offices/title-ix-sexual-harassment-policies/index.html

47. Theft: Theft or attempted theft of any kind, including seizing, receiving, or concealing property with knowledge that it has been stolen, is prohibited. Sale, possession, or misappropriation of any property or services without the owner's permission is also prohibited. (Level B for assessed value of property up to $100; Level C for assessed value of property > $101 - $2499; Level D for assessed value of property $2500 and above)

48. Tobacco/Smoking:  Concordia promotes a healthy, Tobacco-Free Campus Community. Use of smoking/inhalant/vaping materials within all rooms and buildings and outside within 100 feet perimeter of any building except within designated and posted areas is prohibited, including but not limited to cigarettes, electronic cigarettes, cigars, pipes, hookahs, personal aromatherapy devices and smokeless/chewing tobacco. (Level A + clean-up costs as appropriate)

NOTE: Possession of electronic cigarettes/vape pens are prohibited in the residence halls.

49. Unauthorized Presence in or Use of University Facilities or Property: Unauthorized entry into, presence in, or use of University facilities, residence halls, equipment or property (includes parking lot, table space, and outside green space) that has not been reserved or accessed through appropriate University officials is prohibited. (Level A, B, C, D, or E)

         NOTE:  Recognized groups are through our Student Government Association and Student Life Office.

50. Unmanned Aircraft Systems (sUAS):  The use or operations of unmanned aircraft systems (sUAS) on campus is prohibited. This includes un-crewed aerial devices and drones. Students seeking exceptions for use of such devices for recreational or university-related purposes may apply to Student Life for limited approval. Any use of these devices must comply with local, state, and federal regulations and requires the prior filing and approval of an operating plan.

NOTE:  Approval forms can be found in the Forms Repository under the Resource Tab in the Portal, the Student Life office, or the Campus Safety office.

51. Weapons/Explosives: The unauthorized possession or use of firearms, ammunition, or weapons of any other kind (including but not limited to five-inch blade knives, slingshots, metal knuckles, straight razors, paintball guns, BB guns, air pistols, Tasers, stun guns, batons, brass knuckles, folding knives with lock blades) is prohibited. Look-alike weapons are also prohibited. The ignition or detonation of anything which could cause damage to persons or property or disruption by smoke, explosion, noxious odors, stain, corrosion or similar means is prohibited. Possession of anything in the nature of fireworks, explosives or chemical explosives is prohibited on any property owned or operated by the University or off-campus University-sponsored events without prior University authorization. (see Violence sanctioning grid)

NOTE 1: Food preparation knives and safety (disposable) razors for the purpose of shaving, are exempt from this policy. 

NOTE 2:  Any student who violates this section of the Student Conduct Code shall be notified of the violation and will be referred to the Office of Student Conduct. CU may also refer the matter to the local police for prosecution. Any weapon on campus in violation of this Policy may be confiscated by Campus Safety and turned over to the local police.

NOTE 3:  Any student with a reasonable basis for believing another person is in possession of a firearm, ammunition or weapon of any kind in violation of this Policy is required to report the suspected act immediately. Reports should be made to the Police Department (9 + 911 from a campus phone), or Campus Safety CUW: (262-243-4344); CUAA (734-995-7371). Students may be asked to provide a written statement regarding the weapon incident to Campus Safety within 24 hours of the incident. Any student who makes such a report in good faith will not be subjected to retaliation of any kind; however, failure to report such activity may result in a referral to the Office of Student Conduct. A student may choose to remain anonymous by using the Campus Safety Tip Line Call CUW: (262-243-2200); CUAA (734-995-7371) when making the initial report to Campus Safety.