Article II: University Code of Conduct

The health and safety of every student at Iona University is of utmost importance. Iona recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs, may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Iona strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to University officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Iona’s officials or law enforcement will not be subject to Iona’s college code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

More generally, Iona University considers amnesty to victims of all types who may be hesitant to report an incident to University officials because they fear that they themselves may be responsible for minor policy violations, such as underage drinking, at the time of the incident.

To encourage all students to offer help and assistance to others, Iona University considers a policy of amnesty for minor violations when students offer help to others in need. At the discretion of the Vice Provost or designee, amnesty may also be extended on a case- by-case basis to the person receiving assistance.

Students who are engaged in minor violations but who choose to bring related serious violations by others to the attention of the University may also be offered amnesty for their minor violations, at the discretion of the Vice Provost or designee.

Abuse of amnesty requests can result in a decision by the Vice Provost or designee not to extend amnesty to the same person repeatedly.

Section B: University Code of Conduct

The following activities constitute violations of the University Code of Conduct. Violations are addressed by sanctions which are imposed consistent with the policies and procedures established by the University and set forth in this Student Conduct Process.

Acts of academic dishonesty as outlined in University documents including but not limited to the course catalog and course syllabi.

Alcohol

Use, possession, being in the presence of, manufacturing, or distribution of alcoholic beverages or paraphernalia except as expressly permitted by law and Iona University Alcohol and Other Drug policy.

Possession and/or Consumption of Alcohol

For alcohol violations wherein the individual is found in possession of and/or has consumed alcohol while being under the legal drinking age of twenty-one (21). This will be treated as a serious offense of the Code of Conduct. The use and possession of alcoholic beverages in the residence halls by persons other than those of legal drinking age as defined by the laws of New York State will not be condoned.

Intoxication and/or Requiring Medical Assistance

For alcohol violations wherein the individual is deemed intoxicated, and/or in need of medical assistance for alcohol intoxication on campus, no matter being of legal drinking age of twenty-one (21) or under the legal drinking age, by a representative of Iona University or a Public Safety Official.

Within the Presence of Alcohol

For alcohol violations wherein the individual is present and in the presence of alcohol and under the legal drinking age of twenty-one (21).

Enabling/Providing Alcohol to Minors

For alcohol violations wherein the individual is found to be enabling or providing alcohol to underage individuals.

Animals, with the exception of animals that provide assistance (e.g. approved emotional support animals), and pets as outlined in University policies and procedures, are not permitted on campus except as permitted by law.

Engaging in conduct that is deemed to show bias against any individuals, groups, or entities based on perceived identity.

Bullying and cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression, slanderous, false or malicious statement(s) about a person or defamation of character.

• Complicity with or failure of any student to appropriately address known or obvious violations of the Code of Student Conduct or law;
• Complicity with or failure of any organized group to appropriately address known or obvious violations of the Code of Student Conduct or law by its members.

Engaging in or inciting others to engage in conduct which interferes with or disrupts any University function, or which prevents or limits the free expression of ideas by others, or which physically obstructs or threatens to obstruct or restrain other persons on University premises.

Engaging in conduct on or off campus that constitutes a violation or crime pursuant to the civil or criminal law of the municipality, state or federal government. This includes, but is not limited to, interfering with the New Rochelle police or other law enforcement agencies in the performance of their duties.

Unauthorized entry into and use or occupation of University premises or facilities.

All members of the Iona community are required to have the University Identification Card in their possession while on campus. All students must have University ID appropriately displayed and visible while on campus. Misuse or transfer of the University Identification Card is prohibited.

Attempts to commit acts prohibited by the University Code of Conduct or encouraging others to commit acts prohibited by the University Code of Conduct may be addressed to the same extent as completed violations. A student may be found complicit if he or she is aware of a violation of the University Code of Conduct and has the ability to report the violation, but fails to do so or fails to remove oneself from reasonable proximity of the violation.

Intentional, reckless and/or unauthorized damage to or destruction of University property or the personal property of another. This includes damaging University property or the property of a member of the Iona community, a campus visitor while on Iona premises, or the property of a local resident.

Engaging in behavior that is destructive, dangerous, harmful, obstructive or disorderly. This includes conduct that is deemed unreasonable in the time, place or manner in which it occurs, or taking reckless action that results in harm to any person.

Substantial disruption of University operations including obstruction of teaching, research, administration, other University activities, and/or other authorized non-University activities which occur on campus.

The unauthorized sale, purchase, production, possession, distribution or use of illegal, or controlled, or prohibited substances. This includes, but is not limited to, suspicion of being under the influence of illegal drugs, prohibited substances, and possession of drug-related paraphernalia on Iona premises. Prohibited is the inappropriate use, or misuse, of legally obtained over the counter medications or other substances including but not limited to synthetic cannabinoids, salvia, spice, bath salts, K2. Students are expected to abide by all federal and state laws regarding illegal or controlled substances and must be familiar with the University policy on a Drug-Free Community that is contained in the Student Handbook.

Failure to comply with the reasonable directives of University officials or law enforcement officers during the performance of their duties and/or failure to identify oneself to these persons when requested to do so.

Knowingly furnishing false or misleading information in any form to a member of the Iona community.

Violation of local, state, federal or campus fire policies including, but not limited to:

• Intentionally or recklessly causing a fire which damages University or personal property or which causes injury
• Failure to evacuate a University-controlled building during a fire alarm
• Students may not place any items in a room within 18 inches of the ceiling in order to ensure the proper operation of the fire sprinkler system
• Improper use of University fire safety equipment
• Tampering with, disabling, misusing, or improperly engaging a fire alarm or fire detection/control equipment including but not limited to extinguishers, smoke/heat sensors, emergency phones, fire doors, fire escapes and/or exit signs while on University property

Such action may result in severe disciplinary action, a local fine in addition to University sanctions.

Knowingly furnishing or possessing false, falsified or forged materials, documents, accounts, records, identification or financial instruments. Forgery, alteration or misuse of Iona University documents, records or identification.

Failure to promptly meet financial responsibilities to the institution, including, but not limited to; knowingly passing a worthless check or money order in payment to the institution or to an official of the institution acting in an official capacity.

Participating in any form of gambling on University premises.

Failure to abide by the Office of Residential Life and Iona University Guest Policy.

Any behavior (verbal, written, virtual, or physical) that abuses, assails, intimidates, demeans, victimizes, or has the effect of creating a hostile environment for any person. This includes, but is not limited to, threatening by any means of transmission the use of force to harm or injure any person.

Intentionally or recklessly causing physical harm or endangering the health or safety of any person. Any attempt or threat to physically strike another, to inflict harm on any person, or any other conduct which threatens or endangers the health or safety of any person or group, any act which unreasonably interferes with impedes or harasses other students in the pursuit of their education or way of life or that of actions that inflict physical harm or physical abuse, assault of any University community member or visitor.

Any action that may endanger the mental or physical health or safety of a student for purposes including, but not limited to, affiliation with any student organization. Individuals who witness hazing while not actively participating may still be held accountable for their actions or inactions. Hazing includes, but is not limited to:

• behavior could be seen by a reasonable person as pressuring or coercing the student into violating state or federal law
• any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, alcohol, liquor, drug, or other substance, or any other forced physical activity that could adversely affect the physical health or safety of the student
• any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student

Iona will not accept as a defense of a Hazing allegation when the accused student or student organization claims that (1) any or all participants consented to the documented conduct; (2) the conduct was not part of an official organizational event or otherwise sanctioned or approved by the student organization; or (3) the documented conduct or activity was not an explicit condition of membership to or affiliation with a student organization.

Creation of health and/or safety hazards (including but not limited to failure to abide by directives outlining the health, safety, and wellbeing of the community, taking part in dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs, etc.)

For the health and comfort of all students and residents, students are expected to maintain acceptable standards of personal hygiene and cleanliness of their belongings and environment. While every effort will be made to respect personal differences, failure to maintain hygiene standards may result in dismissal from the residence halls and/or University.

Any behavior that is not consistent with the Mission or expectations of the University.

Violence or abuse by a person in an intimate relationship with another.

Unauthorized possession, duplication, or use of keys or ID access cards to University facilities.

Engaging in behavior that may adversely affect the security of the Iona community, the integrity of the educational or developmental process or the good name of Iona University.

Motor vehicle guidelines and University parking regulations and are intended to foster the safe and orderly movement of vehicular and pedestrian traffic, reduce the potential for accidents, injuries and property damage and to enforce Traffic Regulations, Campus Safety, and University policies.

There is a 24-hour courtesy policy in effect at all times on campus, in the residence halls, and in the greater local community.

Residence Hall quiet hours are 8p.m. – 10 a.m., Sunday – Thursday, and 10 p.m. – 10 a.m., Friday and Saturday. Sound carries very easily throughout the residence halls. Voices, stereos, televisions, speakers, and excessive noise can often be heard in other rooms or on a floor above or below. This is especially the case when students utilize a system with high-level bass. It is important to remember that other residents have the right to sleep or study without being disturbed. Noise should not be heard outside of your room. Roommates must be courteous of each other’s study and sleep needs. Please be aware of the volume of sound and be considerate and cooperative with your neighbors and the staff.

Using information and communication technologies as means of intimidation, harassment or unwarranted interruption. This includes, but is not limited to, email, social media, the Internet, phone or tablet applications, cellular phones and video recorders. The procurement and/or transmission of videos or photographs of another individual without his or her expressed permission are prohibited.

All Iona University resident freshmen and sophomores are prohibited from bringing motor vehicles to the Iona community. This prohibition includes parking vehicles on city streets and in the surrounding community. Requests for waivers to this policy will only be granted under special circumstances. The Director of Campus Safety and Security will make final determination for a policy waiver in conjunction with the Vice Provost for Student Life. All resident juniors and seniors may have a vehicle on campus and their vehicles are required to park ON CAMPUS ONLY. These vehicles must display a resident parking permit issued and affixed by Campus Safety and Security and vehicles may not be parked on any city streets within the surrounding New Rochelle community of the college at any time. Resident permits are not interchangeable with other vehicles and void if removed from the vehicle. First time violators will be fined a $250.00 administrative hearing fee and shall be put on disciplinary probation. Second time violators will be suspended from the Residential Life Program for the relevant semester. In the case of second time offenders, no portion of their room and board fees will be refunded. Any further violation shall result in a permanent ban from the Residential Life Program with no portion of the room and board fees being refunded.

Failure to abide by other policies and regulations established by the University.

The following items are prohibited in all residence hall rooms: waterbeds, constructed lofts, and University furniture from common area lounges. Any furniture, equipment, materials or signs obtained from the University or community are in violation of Residential Life policy. In addition, unauthorized use or theft of a Personal Security Code for computers, calling cards, phones or bankcards, etc. are in violation.

The following items are prohibited in all residence halls: electric blankets, air conditioning units, space heaters, sun and heat lamps, halogen lamps, lamps with paper shades or covers, heating coils, candles, incense, charcoal grills, open-flame devices, hot plates, dart boards, lava lamps, plug extenders, and extension cords (only power strips with surge protection are permitted). The following items are prohibited in Loftus, Rice, Conese, Hales, and East Residence Halls: microwaves, oil popcorn poppers, toaster ovens, George Foreman Grills, toasters, hot pots, Keurig machines, and coffeepots. Skateboards, bikes and scooters may not be ridden inside any of the residence halls. All kitchen items which are allowed must be kept in the kitchen area of the suite. In Hales Hall, Conese Hall, North Avenue, and the Apartments at Eastchester Residence Halls, the following items are allowed, provided they remain on counter space in the common area: Keurig machines, coffeepots, toasters, and toaster ovens. In the individual residential life houses on Hubert Place, President Street and Halcyon Terrace, coffee makers are permitted only in the kitchen counter top area and hot plates are not permitted.

Includes deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.

Failing to abide by the policies and regulations established by the Office of Residential Life.

Includes, but is not limited to, sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, and/or sexual exploitation (See the Iona University Sexual Misconduct Policy for further information).

Failing to comply with the smoking guidelines of the University.

In compliance with the New York Clean Indoor Air Act, smoking is not permitted in any part of the residence halls including common areas, stairwells, and individual rooms. This includes, but is not limited to, the use of smoking devices such as cigarettes, cigars, pipes, hookahs, electronic cigarettes, or vaporizers in any University owned or leased facility. Smoking is permitted only in designated locations on campus, and at least 20 feet outside the entrance of each residence hall and campus building.

Stalking is a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear;

Means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress.

For purpose of this definition:

• “Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
• “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
• “Reasonable person” means a person under similar circumstances and with similar identities to the victim.

Theft of University property and/or theft from a member of the Iona community. Knowingly possessing or disposing of the lost or mislaid property of a member of the Iona community or of the University itself without returning such property to its rightful owner.

• Threat. Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
• Intimidation. Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another.

Unauthorized use (including misuse) of University or organizational names and images.

The following activities are prohibited:

• Throwing or suspending anything from windows, balconies, fire escapes or roofs;
• Entering restricted areas, including rooftops, offices and storage/ maintenance rooms, balconies;
• Climbing out of or into windows, onto ledges, balconies, fire escapes or onto walls of buildings;
• Removing University furniture or property from its designated area (i.e., floor or common area lounges), including window screens;
• Vandalism, misuse, misappropriation, abuse, theft or damage to any individual’s or University property;
• Unauthorized possession, duplication or use of keys;
• Changing or adding locks to doors, windows or furniture; and
• Any situation that is in violation of the health, fire, safety, maintenance codes or of another individual’s or the University’s rights and property, or of the mission of Iona University.

Residents are not permitted to change rooms (including bedrooms within a suite) without authorization from a member of the Residential Life Professional Staff.

Any conduct that is a violation or crime according to the criminal laws of the state of New York or the United States of America is a violation of Iona University policy.

Possession, use, or distribution of explosives (including fireworks and ammunition), guns (including air, BB, paintball, facsimile weapons and pellet guns), or other weapons or dangerous objects such as arrows, axes, machetes, nun chucks, throwing stars, or knives other than eating or cooking utensils capable of being used as weapons, including the storage of any item that falls within the category of a weapon in a vehicle parked on University property

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