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Student Conduct Code
 

ACADEMIC INTEGRITY

Every student is responsible for knowing and observing the University's policy on academic integrity which is found in the Administrative Policies section. Questions regarding matters of academic integrity or the academic appeals process should be discussed with a faculty member or administrator.  As outlined in the policy, "Honesty within our academic community is not simply a matter of rules and procedures; it is an opportunity to put personal responsibility and integrity into action. When students accept the implicit bonds of trust within an academic community, they liberate themselves to pursue their academic goals in an atmosphere of mutual confidence and respect."

ACTS OF INTOLERANCE

Acts of intolerance are prohibited. Acts of intolerance are defined as behaviors that can be motivated by prejudice toward a person or group or because by intent and/or outcome can cause harm, threaten and/or be personally directed against or target an individual or group based on perceived or actual characteristics such as race, national origin, color, creed, religion, sex, age, disability, veteran status, sexual orientation, gender identity, or any other category protected by applicable state or federal law.  An act of intolerance can include either overt or covert actions, including verbal attacks and/or physical assaults on students and/or their property (including residence hall doors), as well as jokes, posters or comments.

ALCOHOL

Philosophical Statement on Alcohol at Furman University

Furman University is committed to providing a campus environment free of abuse of alcohol and the illegal use of alcohol and other drugs. This policy on alcohol possession and consumption seeks to neutralize the reality that too many college students, both legally and underage, drink to excess. Such alcohol abuse can lead to violence, sexual assaults, accidents, vandalism, false fire alarms and other inappropriate and dangerous behavior. In a Carnegie Foundation survey, college presidents cited student alcohol abuse as the foremost campus problem, the cause of rising legal liabilities and associated expenses, and the precipitant for numerous tragic deaths. Furman's alcohol policy, therefore, grows out of the university's commitment to maintain a campus environment that supports the educational program and promotes the general welfare of the university community.

  1. The possession and/or consumption of alcoholic beverages are prohibited in all campus locations except as listed below.
    • Consumption of alcoholic beverages by students 21 and over will be permitted for University approved catered or special group events at the following facilities:
      • Cherrydale Alumni House
      • Timmons Arena
      • Furman University Golf Course
      • Younts Conference Center
      • Cliffs Cottage
      • The Vinings (see additional policies below)
  2. Alcohol containers may be deemed as evidence of consumption and are prohibited. This includes, but is not limited to, alcohol bottles, alcohol cans, beer bongs and funnels. Residents are not permitted to have alcohol containers in their rooms for decorative purposes.
  3. All local, state and federal laws will be enforced and could result in an arrest as well as on campus student conduct action.

The Vinings
  1. The responsible consumption or possession of alcoholic beverages by students 21 years old or older is only allowed within the Vinings apartment units. 
  2. Vinings residents will be held responsible for any consumption or possession of alcohol by underage persons in their apartments, which is prohibited.
  3. Furman University students are responsible for the behavior of their guests.
  4. The use of common containers of alcoholic beverages such as kegs, pony kegs, party pigs, punch bowls, or party balls, the use of pure grain alcohol, the use of any devices (i.e. funnels and beer bongs) designed for the rapid consumption of alcohol, and drinking games are prohibited.
  5. All Vinings residents and their guests are subject to additional regulations and policies in their lease agreement. 
  6. All local, state and federal laws will be enforced and could result in an arrest as well as on campus student conduct action.

Disciplinary Sanctions

  1. The University will impose student conduct sanctions on students who violate the above standards of conduct. The minimum sanction for violations of the alcohol policy shall be a $100 assessment and alcohol education.  A letter will be sent home to parents or guardians of students under the age of 21.
  2. Sanctions for violations of the alcohol policy at the Vinings may also include the loss of the privilege to live in the Vinings and the reassignment to housing on the main campus.  A reassignment to North Village is not guaranteed.

Behavioral Intervention (Amnesty Policy)

In response to the abuse of alcohol and other drugs, the University strives to maintain a balance between student support and accountability. While it believes strongly in addressing student health concerns directly and confronting dangerous behaviors, the University also encourages students to seek help in situations where a student's health is endangered. The University's first priority in these cases is to encourage student safety, and believes it is important for students to receive both immediate attention in dangerous situations as well as follow-up support to encourage more healthy behaviors.

  1. Students who receive medical attention as a result of dangerous behaviors, such as but not limited to alcohol and/or other drug abuse, will be granted amnesty from the University's student conduct process, required to meet with a Behavioral Intervention Committee (BIC) member, and given an opportunity to comply with education-related recommendations. These incidents must have been reported to University officials, such as Student Life, Housing and Residence Life, Public Safety, Counseling Center, or Health Services.
  2. Students who obtain medical attention for their peer(s) as a result of dangerous behaviors will also be granted amnesty from the University's student conduct process, may be required to meet with a Behavioral Intervention Committee (BIC) member, and given an opportunity to comply with education-related recommendations.
  3. At the BIC meeting, the BIC member will have a conversation intended to support student development through educational means and will recommend a specific course of action for that student to avoid being charged with disorderly conduct.
  4. The course of action may include notifying parents, attending an alcohol education program, or any other recommendation deemed appropriate by the BIC member. Should the student follow through appropriately, such a meeting will not be a part of their student conduct record, rather a "for information only" (FIO) record. Students who fail or refuse to follow through with these recommendations may be charged with failure to comply and be adjudicated through the University's student conduct process.
  5. Students found responsible for violating policies for which they were previously granted amnesty will be adjudicated for those violations. In addition, the FIO record will then become part of the student conduct record.
  6. This amnesty policy only applies to University policies and will not negate any criminal charges.

ASSAULT

Pushing, striking, or physically assaulting any member of the faculty, staff, student body, or guests of faculty, staff or student body is strictly prohibited.

DAMAGE TO PROPERTY

  1. Malicious or unwarranted damage or destruction of property belonging to the University, a member of the University community, or a guest of the University is prohibited. This is to include equipment rented, leased or placed on the campus at the request of the institution. Actions which may lead to future damage or problems, such as unnecessary wetting of carpet or flooring, are also considered violations of the policy.
  2. Chalking is permitted on exterior walkways but is not permitted on bricked areas, walls, slate surfaces, or covered surfaces. Chalking in unapproved areas is subject to an assessment.

DISORDERLY ASSEMBLY

  1. No students shall assemble on campus for the purpose of creating a riot or destructive or disorderly diversion. This section should not be construed so as to deny any students the right of peaceful assembly.
  2. No student or group of students shall obstruct the free movement of other students about the campus, interfere with the use of University facilities, prevent the normal operation of the University or the educational process.
  3. Refer to the Peaceful Assembly policy for guidelines.

DISORDERLY CONDUCT

Behavior which unnecessarily disturbs the academic pursuits or infringes upon the privacy, rights, privileges, health or safety of other persons or their properties is prohibited. Examples include, but are not limited to, the following violations:

  1. Entering or attempting to enter any athletic contest, dance, social or other such public event without the credentials for admission (i.e., ticket, identification card or invitation) or violating the reasonable qualifications for attendance as established by the sponsors.
  2. Failing to present proper credentials to properly identified University faculty and staff upon their request while these persons are in the performance of their duties.
  3. Public display or distribution of any material containing language that includes, but is not limited to, profanity, obscenity or any other offensive communication not in keeping with community standards is prohibited.
  4. Storage and/or use of swimming pools, trampolines, slip and slides, or other high-risk recreational equipment is prohibited.
  5. Golfing shall be prohibited on the main campus and within all University housing and is limited to the golf course. Students who practice on the main campus after being warned by Public Safety will be charged.

DRUG FREE CAMPUS

  1. The possession, use (without a legal prescription) and/or distribution of controlled and illegal substances, encompassing on campus and including off-campus events and activities sponsored by the University or student organizations, is strictly prohibited. The possession or use of prescription drugs without a valid medical prescription and use of substances for purposes or in manners not as directed is prohibited.
  2. Students may not use or possess drug paraphernalia, including but not limited to hookahs and other smoking devices.
  3. Students may not be in the presence of or aid and abet the possession, sale or use of controlled or illegal substances.
  4. Misbehaving or causing disruption as a result of drug use on or in University property, or at functions sponsored by the University or by a recognized University organization is prohibited.

  5. Sanctions for any violation of the above policy may include not less than disciplinary probation with possible expulsion; and/or fine, community service hours, substance abuse educational program, and parent/guardian notification letter. All individuals involved in any drug-related violation are subject to criminal action, as the University may report these individuals to the legal authorities. Students convicted of any offense involving the possession or sale of a controlled substance may also be deemed ineligible to receive Financial Aid.

FAILURE TO COMPLY

  1. Students are expected to comply with the directives of University officials, including student staff.
  2. Lying to or misleading University officials is prohibited.
  3. Students shall provide correct information to and shall cooperate with properly identified University officials, including Housing and Residence Life student staff members, when such officials are performing their duties.
  4. When directed to do so, students shall appear before University officials or student conduct bodies within three days of written notification.
  5. No student shall interfere with the proper procedures of the student conduct system either by false testimony or otherwise obstructing the system's function.
  6. No student shall disregard the terms of a student conduct sanction by failing to submit a fine, complete work/service hours, or uphold any other requirements or deadlines related to student conduct sanctions. A hold will be placed on a student's account until the sanctions are completed. A student who violates the terms of a student conduct sanction will have his/her case adjudicated by the Vice President for Student Life or their designee and may be subject to suspension.

FALSIFICATION OF RECORDS

  1. Each student is expected to complete honestly the University record.
  2. No student shall alter, counterfeit, forge or cause to be altered, counterfeited or forged any official record, form, or document.
  3. The possession of any "fake" or false identification is prohibited.

FINANCIAL RESPONSIBILITY TO THE UNIVERSITY

  1. Students are required to meet all financial obligations to the University by the required deadlines.
  2. Use of Association of Furman Students monies by individuals and student groups must follow guidelines established by AFS and approved by the Vice President for Student Life or their designee.

FIRE SAFETY

  1. No student shall set or cause to be set any unauthorized fire in or on University property. A student who ignites any type of fire within campus housing will be subject to a fine, expulsion from campus housing and/or an investigation by local arson officials.
  2. No student shall intentionally cause a false fire alarm. The minimum sanction for intentionally setting, or causing to be set, a fire in or on University property or making, or causing to be made, a false fire alarm shall be a $500 assessment and suspension from the University. In addition, if the offense is determined to be in violation of a federal, state or local law, the student could be subject to civil or criminal prosecution.
  3. Students may be held responsible for inadvertently causing a false fire alarm.
  4. No student shall tamper with fire safety equipment (e.g., fire extinguishers, hoses, sprinkler systems, etc.). A student who tampers in any way with any type of fire safety equipment will be assessed a minimum of $100. This includes tampering with or damaging smoke detectors within campus housing or hallways. Should a smoke detector within a housing assignment malfunction, the problem should be immediately reported to Public Safety at 864.294.2111. No flags or other coverings may be placed under or over electric lights, heat-actuating fire detection devices, smoke detectors, or fire extinguishers in campus housing. Covering or hanging anything on or near sprinkler heads is prohibited.
  5. All persons must vacate campus housing when an alarm sounds. Regular unannounced fire drills are required by state fire regulations and all persons in campus housing must participate in the drills when they occur. When a smoke alarm sounds in an individual room, the resident should notify Public Safety immediately (even in the case of false or accidental alarms). Public Safety can then reset the system and/or arrange for any repairs to be made. Failure to vacate a residence hall room or apartment in the event of a fire alarm or drill will result in a $100 assessment. Subsequent offenses will result in a doubling of the previous assessment.
  6. No student shall possess or use fireworks on University property. Fireworks are defined as any substance prepared for the purpose of producing a visible or audible effect by combustion, explosion or detonation.

GAMBLING

Illegal gambling is prohibited. All students are expected to abide by the state gambling and lottery laws as found in the South Carolina Code of Laws, specifically Title 16, Chapter 19 of this code, and any federal laws that may be applicable.

Such prohibited activities include, but are not limited to the following:

    1. Betting on, wagering on or selling pools on any athletic event.
    2. Possessing on one's person or premises any card, book or other device for registering bets.
    3. Knowingly permitting use of premises, telephone or other electronic communications devices for illegal gambling.
    4. Knowingly receiving or delivering a letter, package or parcel related to illegal gambling.
    5. Offering or accepting a bribe to influence the outcome of an athletic event.
    6. Involvement in bookmaking or wagering pools with respect to sporting events.

HARASSMENT

Furman University believes that all employees and students have the right to work and study in an environment free from all forms of adverse discrimination, including any form of harassment.  Furman University will not tolerate any conduct (verbal or physical) that constitutes harassment by any administrator, faculty member, staff member or student. Conduct that constitutes sexual harassment is covered in the Sexual Harassment policy. Any other form of harassment is covered by this policy.

Harassment is defined as unwelcome behavior which verbally or in a threatening manner torments, badgers, heckles or persecutes an individual where:

  1. Submission to such conduct is made either explicitly or implicitly a condition of an individual's employment or education.
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual.
  3. Such conduct has the purpose or effect of substantially interfering with an individual's professional or academic performance or of creating an intimidating, hostile or demeaning employment or educational environment. Harassment does not refer to behavior acceptable to both parties or to the normal exchange of ideas within the academic environment, nor is it intended to discourage the introduction of unpopular or controversial relevant ideas in the classroom (Furman University Policies and Procedures Manual, File 122.1, Professional Ethics and Responsibilities and 137.8, Individual Rights and Responsibilities). All persons who commit acts of harassment will be subject to discipline up to and including expulsion for students and discharge for faculty/staff.  Anyone who submits a good faith complaint, either informally or formally, will be protected from retaliation. Each complaint will be investigated and the resulting action will be determined on a case-by-case basis. If the investigation determines that the complainant willfully made a false accusation, he/she will be subject to appropriate student conduct action consistent with current University policies and procedures.
  • Students who believe they have been harassed should:

Refer to the procedures listed in the Administrative Policies section of The Helmsman.  Student complaints involving faculty and staff behavior will be handled using procedures modeled on the Faculty Grievance Procedures (Furman University Policies and Procedures Manual, File 153.1) or the Employee Grievance and Appeals (Furman University Policies and Procedures Manual, File 833.1), as appropriate. These procedures are delineated in The Helmsman and in supporting documents available from the Affirmative Action Officer/Assistant Vice President of Human Resources. Any future changes in Files 153.1 and 833.1 shall be incorporated into the pertinent statements in the harassment policy presented in The Helmsman. No changes in The Helmsman policy shall be established which contravene those grievance procedures. Student complainants will be exempt from the time limitations imposed on reporting initial complaints as outlined in these grievance policies.

  • Faculty/staff members who believe they have been harassed by students should:
    1. Tell (or write) the person that the behavior is considered offensive and ask the person to stop the behavior; or, if reluctant to speak (or write) directly to the person, consult with the Affirmative Action Officer or Assistant Vice President of Human Resources, the Chaplains, the immediate supervisor/department chair of the accused person or the Vice President for Student Life for advice or action. The faculty member or administrator will assist the complainant by recommending a method of communicating with the person involved or by referring the complainant to the Affirmative Action Officer or the Vice President for Student Life. All information will be kept as confidential as possible.
    2. If the behavior in question does not cease, the faculty or staff member must report the matter to the Affirmative Action Officer or Assistant Vice President of Human Resources and the Vice President for Student Life for action.
    3. If the harassment cannot be stopped through informal discussion, the complainant should initiate a formal grievance by providing a written statement of the behavior. This will require that the complainant be identified to the accused person and that a formal investigation take place. Student conduct action for a formal grievance will follow the Student Conduct Code on due process as outlined in the Administrative Policies section of the current Helmsman.
  • Faculty/staff members who believe they have been harassed (excluding students, see 3. above) should:
    1. Tell (or write) the person that the behavior is considered offensive and ask the person to stop the behavior; or, if reluctant to speak (or write) directly to the person, consult with the Affirmative Action Officer or Assistant Vice President of Human Resources, the Chaplains, the immediate supervisor/department chair of the accused person or the Executive Vice President and Provost for advice or action. The faculty member or administrator will assist the complainant by recommending a method of communicating with the person involved or by referring the complainant to the Affirmative Action Officer or the Executive Vice President and Provost. All information will be kept as confidential as possible.
    2. If the behavior in question does not cease, the faculty or staff member must report the matter to the Affirmative Action Officer or Assistant Vice President of Human Resources and, if desired, to the immediate supervisor/department chair of the accused person or the Executive Vice President and Provost for action.
    3. If the harassment cannot be stopped through informal discussion, the complainant should initiate a formal grievance by providing a written statement of the behavior. This will require that the complainant be identified to the accused person and that a formal investigation take place. Employees will follow the steps in the Employee Grievance  and Appeals Policy (Furman University Policies and Procedures Manual, File 833.1) or faculty grievance procedures (Furman University Policies and Procedures Manual, File 153.1).

Documentation of all faculty/staff complaints (informal and formal) will be kept in a confidential file by the Affirmative Action Officer. Documentation will include complaint received, investigation/follow-up steps taken, and indication that reasonable action was taken in response to a complaint, without wrongly accusing an innocent employee. Before any of the documentation on file regarding complaints is used to make any decision, the faculty or staff member involved will have a chance to respond through the faculty or employee grievance procedures (Furman University Policies and Procedures Manual, File 153.1 or File 833.1). If not used as part of formal procedures, informal complaints must be purged from the file after twelve (12) months.

INFORMATION TECHNOLOGY

Furman University provides information technology resources to support educational and administrative activities. Standards of conduct for students using University information resources must conform to the standards of conduct outlined in the Helmsman. Students are expected to comply with all University computing policies found on the Computing Information Services policies web page at http://cis.furman.edu/policies/Pages/default.aspx.

Activities that are expressly prohibited as inappropriate use of information technology resources at Furman include: 

  • Activities involving unprofessional, harassing, discriminatory, illegal and/or unethical behavior;
  • Electronic messaging used for commercial gain or personal profit;
  • Forgery of messages;
  • Hacking or otherwise breaking into someone's files or stealing their password;
  • Downloading of copyrighted materials without proper consent;
  • Providing unauthorized access to copyrighted materials;
  • Origination or forwarding of chain letters  defined as a letter sent to several persons with a request that each send copies to several persons with the same, or similar request; and
  • Any activity that significantly prevents or inhibits the conduct of university academic or administrative work.     

Persons violating University policies concerning the appropriate use of Furman University resources will be disciplined by the normal and appropriate university oversight body.  Penalties may include but are not limited to verbal or written warning, disciplinary probation, temporary access denial, permanent access revocation, disciplinary suspension or dismissal.

JOINT RESPONSIBILITY FOR INFRACTIONS

A student who is present where a University violation occurs but who is not directly involved in the violation may be held responsible for the violation if the student had prior knowledge of the violation and/or takes no preventive action to see that the violation ceases and/or fails to inform University officials.

MOTOR VEHICLES, GOLF CARTS, AND MOPEDS

Motor Vehicles

  • Students must register automobiles and obey all campus traffic regulations. Motorcycles or mopeds may not be stored on porches or inside buildings, nor may they block public access to buildings or walkways.

Golf Carts

  • Students cannot have golf carts on campus unless they are needed for medical or handicap purposes. To obtain permission to use a golf cart on campus, students must meet with the Director of Public Safety and present documentation for the medical reason or handicap need. The availability of additional services will be discussed at that meeting.

Mopeds

  • Mopeds are considered motor vehicles and must be registered as a motor vehicle. If it is the only vehicle registered the owner must pay the full vehicle registration fee. If it is the second vehicle registered for that driver, the second vehicle registration fee would apply. 
    • Mopeds must be operated on campus streets and drivers must obey all campus traffic regulations and travel with the flow of motor vehicles. 
    • Mopeds may not be operated on sidewalks. They can be walked with engine off by the driver on a sidewalk. 
    • Mopeds must be parked at least five feet from any building, porch and building structure and may be parked in motor vehicle spaces, by bike racks that are located five feet from a building or on a mulched area that is located five feet from a building. Parking mopeds inside campus housing or on porches/balconies, landings, and walkways is prohibited. 
    • Mopeds may also be parked in designed motorcycle spaces. Currently there are two designated spaces. One is in front of the Physical Activities Center and the other is in the Dining Hall employee lot. Curb markings and/or posted signs note the appropriate locations.
    • Storing mopeds/scooters or gas cans inside campus housing or on porches/balconies, landings, and walkways is prohibited. Mopeds/scooters and gas cans found stored inside campus housing are subject to immediate confiscation and storage at the owner's cost, as well as a maximum assessment of $500.

OFF-CAMPUS CONDUCT

Furman University students are required to abide by the laws of local, state and national governments and are subject to student conduct action by the University for violation of any of the laws. Alleged violation of any federal, state, or local law may be adjudicated as a University violation and may subject a student to University student conduct action as well as appropriate criminal or civil action.

Conduct and/or activity by members of the student body living in, or hosting functions at, off-campus locations which have the effect of unreasonably interfering with the rights of neighbors is prohibited. This standard of conduct recognizes and affirms a responsibility to respect the rights of others appropriate to the setting in which one lives. It also recognizes the duty and responsibility of Furman students to control the nature and size of activities carried out in the community consistent with the standards of the University.  Additionally, the University reserves the right to establish policies and procedures regarding eligibility to live off campus.  Non-compliance with University policies or procedures subjects a student to University student conduct proceedings, which may result in suspension.

SEXUAL HARASSMENT

Furman University believes that all employees and students have the right to a work and study environment free from all forms of adverse discrimination, including sexual harassment.  Furman University will not tolerate any conduct (verbal or physical) that constitutes sexual harassment by any administrator, faculty member, staff member or student.  Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other behavior of a sexual nature where: (1) submission to such conduct is made either explicitly or implicitly a condition of an individual's employment or education; (2) submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or of creating an intimidating, hostile, or demeaning employment or educational environment. Sexual harassment does not refer to behavior acceptable to both parties. All persons who commit acts of impermissible sexual harassment will be subject to discipline up to and including expulsion for students and discharge for faculty/staff. Anyone who submits a good faith complaint, either informally or formally, will be protected from retaliation or discipline. Anyone who willfully makes accusations that are proven to be false will be subject to student conduct procedures as outlined in The Helmsman.

Students who believe they have been harassed should:

    1. Tell the person that the behavior is considered offensive and ask the person to stop the behavior; or, if reluctant to speak (or write) directly to the person, consult with any member of the Student Life professional staff, the Chaplains, the University Affirmative Action Officer/Assistant Vice President of Human Resources or any faculty member for advice or action. The faculty member or administrator will assist the student by advising on a method of communicating with the person involved or by referring the student to the Vice President for Student Life who will act as mediator. All information will be kept as confidential as possible.
    2. If the offensive behavior does not cease, the student should report the matter (directly or through an administrator, a faculty member or staff member) to the Vice President for Student Life. If a faculty or staff member is involved, the case should be referred to the Affirmative Action Officer/Assistant Vice President of Human Resources or the Executive Vice President and Provost. (See Furman University Policies and Procedures Manual, Section 095.1, numbers 1 through 3.)
    3. If the sexual harassment by another student cannot be stopped through information discussed with the Vice President for Student Life, the offended student should initiate a formal grievance for student conduct action. A written statement of the alleged behavior will be submitted to the Vice President for Student Life for adjudication under the Student Conduct Code. This statement will require that the offended person be identified to the accused person and that a formal investigation take place.

The formal grievance procedure is outlined in the Administrative Policies. After being presented with the charges, the accused has the following choices: pleading responsible and having the Vice President for Student Life or designee assess a sanction; pleading responsible and having a Discipline Committee panel set the sanction; or pleading not responsible and having a Discipline Committee panel decide and assign subsequent sanctions if found responsible. Charges may be brought and pursued through a written statement.  Victims have the right to appear at a hearing. Charges will be submitted to the Vice President for Student Life or designee.

The victim and the accused will be assured the procedural rights outlined in the Student Conduct Procedures.  The range of sanctions for violation of the Student Conduct Code on sexual harassment are also outlined in the Student Conduct Procedures.  Documentation of all complaints (formal and informal) by students will be kept in a confidential file by the Vice President for Student Life.  Documentation will include:  complaint received, investigation/follow-up steps taken and indication that reasonable action was taken in response to the complaint. If not used as part of formal procedures, informal complaints must be purged from the file after 12 months.

SEXUAL MISCONDUCT

Furman University expects all members of its community to act in respectful and responsible ways towards each other. Acts of sexual misconduct constitute grievous violations of University policy. Rape and sexual assault are crimes of violence which are subject to prosecution. It is the responsibility of each individual in the University community to become educated about such acts and their consequences.  The presumptive sanction for nonconsensual sexual intercourse and non-consensual sexual contact may be suspension or expulsion. The presumptive sanctions for sexual exploitation, stalking, and cyberstalking may range from warning to expulsion.  The University vigorously addresses instances of sexual misconduct and endeavors to preserve a victim's confidentiality.  Refer to the Sexual Harassment and Rape Prevention (SHARP) site for more information on resources, victim support, and reporting sexual misconduct.

Forms of Sexual Misconduct

  • Non-Consensual Sexual Intercourse:  Any sexual intercourse (anal, oral or vaginal), however slight, with any body part or any object, by a man or a woman upon a man or a woman, without effective consent. This act is commonly referred to as rape.
  • Non-Consensual Sexual Contact:  Any sexual touching (including disrobing or exposure), however slight, with any body part or any object, by a man or a woman upon a man or a woman, without effective consent. These acts are commonly referred to as sexual assault.
  • Sexual Exploitation:  When a student takes non-consensual, unjust or abusive sexual advantage of another, for his/her own advantage or benefit; or to benefit or advantage anyone other than the one being exploited; and that behavior does not otherwise constitute rape, sexual assault, or sexual harassment. Sexual exploitation encompasses a wide range of behaviors which include but are not limited to the examples below:

    • Inducing incapacitation with the intent to rape or sexually assault another student;
    • Non-consensual video or audiotaping of sexual activity;
    • Allowing others to observe a personal act of consensual sex without knowledge or consent of the partner;
    • Engaging in Peeping Tommery (voyeurism);
    • Knowingly transmitting an STD or HIV to another student;
    • Prostituting another student (i.e. personally gaining money, privilege, or power from the sexual activities of another student)

  • Indecent Exposure and/or Illicit Sexual Activity:  Indecent exposure and illicit sexual activity are prohibited.
  • Stalking:  Occurs when a person willfully on more than one occasion follows or is in the presence of another person without legal purpose and with the intent to cause death or bodily injury or with the intent to cause emotional distress by placing that person in reasonable fear of death or bodily injury.  If committed with the intent to cause reasonable fear of death or bodily injury, the following examples may constitute stalking:

    • Unwanted and/or threatening mail, phone calls, email, etc.
    • Persistent physical approaches and/or requests for dates, meetings, etc.
    • Following a person or coincidentally showing up at places a person frequents
    • Waiting outside a person's residence, school, or place of employment
    • Vandalism/destruction of a person's personal property
    • Breaking into a person's car or residence

  • Cyberstalking:  Occurs when a person uses electronic mail or electronic communication to convey any words or language threatening to inflict bodily harm to any person, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person; to communicate to another repeatedly, for the purpose of abusing, annoying, threatening, terrifying, harassing, or embarrassing any person; to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to abuse, annoy, threaten, terrify, harass, or embarrass.  If committed with the intent and for the purpose of abusing, annoying, threatening, terrifying, harassing or embarrassing, the following examples MAY constitute cyberstalking:

    • Unwanted/unsolicited e-mail
    • Unwanted/unsolicited talk request in chat rooms
    • Disturbing messages on on-line bulletin boards
    • Unsolicited communications about a person, their family, friends, acquaintances, and co-workers
    • Identity theft (using someone's social security number to obtain credit cards fraudulently in their name)
    • Sending/posting disturbing messages with another user name

Terminology

  • Intercourse includes: vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue or finger; and oral copulation (mouth to genital contact or genital to mouth contact).
  • Sexual touching includes any contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts.
  • Effective consent is informed, freely and actively given, mutually understandable words or actions, which indicate a willingness to participate in mutually agreed upon sexually activity.
    • In the absence of mutually understandable words or actions (a meeting of the minds on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator; this is, the person who wants to engage in the specific sexual activity, to make sure that they have consent from their partner(s).
    • Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested a mutually understandable agreement between them to do the same act, in the same way, at the same time, with each other.
    • Consent which is obtained through the use of fraud or force, whether that force is physical force, threats, intimidation, or coercion, is ineffective consent.
    • Consent may never be given by: minors to legal adults; mentally disabled persons; or physically incapacitated persons.
      • One who is physically incapacitated as a result of alcohol or other drug consumption (voluntary or involuntary), or who is unconscious, unaware, or otherwise physically helpless, is incapable of giving consent.
      • One may not engage in sexual activity with another who one knows or should reasonably have known is physically incapacitated.
      • Incapacitation means being in a state where a person lacks the capacity to appreciate the fact that the situation is sexual, or cannot appreciate (rationally and reasonably) the nature and/or extent of that situation or its potential consequences.
  • Electronic communication is any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature, transmitted in whole or part by a wire radio, computer, electromagnetic, photoelectric, or photo-optical system.
  • Electronic mail is the transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person.

Explanations

  • An "intent to rape" is not required under this policy.  Unlike murder, for which there must be an intent to kill, rape is not an intent-based concept. The requisite intent for rape is demonstrated by engaging in the act of intercourse intentionally.
  • Silence, previous sexual relationships, and/or current relationship with the respondent (or anyone else) may not, in themselves, be taken to imply consent. Consent cannot be implied by attire, or inferred from the buying of dinner or the spending of money on a date.
  • Consent to one type of sexual act may not, in itself, be taken to imply consent to another type of sexual act.
  • Consent has an expiration date. Consent lasts for a reasonable time, depending on the circumstances.
  • Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly; upon clear communication, all sexual activity must cease.
  • Intentional use of alcohol/drugs by the respondent is not an excuse for the initiator to violate the sexual misconduct policy.
  • A student who deliberately drugs or supplies another with alcohol for the purpose of rendering that person incapacitated or sexually submissive/passive commits a violation of the sexual misconduct policy.
  • Attempts to commit sexual assault or rape are also prohibited under this policy, as is aiding the commission of sexual misconduct as an accomplice.

Amnesty

The University considers the reporting and adjudication of sexual misconduct cases on campus to be of paramount importance. The University does not condone underage drinking.  However, the University will extend amnesty from sanctioning in the case of illegal alcohol use to victims and to those reporting incidents and/or assisting the victims of sexual misconduct.  Amnesty means that, depending on the nature of the victim's or the reporting student's violation, it will still be dealt with by the University, through education or counseling, if possible (refer to the Amnesty Policy).

University Protocol

  • Any student charged with sexual misconduct on or off campus can be prosecuted under criminal statutes and disciplined under the Student Conduct Code.  Even if the criminal justice authorities choose not to prosecute, the University reserves the right to pursue student conduct action.
  • Student conduct action will follow current University policy.  After being presented with the charges, the accused has the following choices:
    • pleading responsible and having the Vice President for Student Life or their designee assess a penalty;
    • pleading responsible and having the specially trained panel of the Discipline Committee set the penalty; or
    • pleading not responsible and having the panel of the Discipline Committee decide on non-responsibility and subsequent penalty, if found responsible.
  • A specially trained panel (consisting of three faculty members and three students) of the current Discipline Committee will be established to hear sexual misconduct cases. A faculty member will serve as chair of the committee. Charges may be brought and pursued through a written statement and personal appearance of victim during hearing or through a written statement only. The victim and the accused will be assured the following procedural rights:
    • to have a person of their choice accompany them throughout the student conduct hearing with the exception that the University reserves the right to prohibit attorneys and/or parents/legal guardians from attending student conduct hearings;
    • to remain present during the entire proceeding;
    • to not have non-pertinent prior sexual history admitted in a campus hearing; and
    • to be informed immediately of the outcome of the hearing as permitted by the Student Right-to-Know and Campus Security Act of 1990.

    • All other procedures will follow the current Discipline Committee policies and procedures as outlined in the constitution of the Discipline Committee. The range of penalties for violation of the Student Conduct Code on sexual misconduct shall be those listed in the sanctions section of The Helmsman.  During the sanctioning phase, a student's prior conduct record will be taken into consideration.

  • The University will hold all reported acts of sexual misconduct in the highest confidence. The names of victims will not be released to any other party without the written consent of the victim. The names of accused students will only be released as permitted by the Family Educational Rights and Privacy Act of 1974.

SMOKING

The Surgeon General of the United States has determined that cigarette smoking is the leading preventable cause of illness and premature death in the nation. Moreover, research indicates that nonsmokers who are regularly exposed to passive (secondhand) tobacco smoke are also at increased risk of illness. For these reasons, the Surgeon General has urged employers to implement health promotion programs with special emphasis on smoking cessation. In addition, local ordinances have been passed with the intention of restricting the use of lighted smoking materials in public places. As an institution committed to providing a safe and healthful environment, Furman University adopts this smoking policy and smoking cessation program.  It is the policy of Furman University to provide a safe learning and working environment for students and employees. It is recognized that smoke from cigarettes, pipes and/or cigars is hazardous to health. Therefore, it is the goal of Furman to offer a smoke free environment to the greatest extent possible. To achieve this goal, Furman will provide access to smoking cessation programs for employees and students who currently smoke and will limit smoking as set forth below.

  • Smoking is prohibited in all indoor locations including but not limited to:
    • general office space, including private offices
    • computer rooms, classrooms, laboratories, lecture rooms, conference rooms, and library
    • storage rooms, supply rooms, copy rooms, and mailroom
    • common areas, including elevators, stairwells, hallways, lobbies, reception areas, employee lounges, cafeterias, breezeways between buildings, break rooms, and restrooms
    • garages, maintenance shops and mechanical rooms
    • hazardous areas containing or in close proximity to flammable liquids, gases and vapors
    • stadium offices, concession stands, press box, gym, physical activities center
    • theaters, except for smoking required in plays (or scenes) for the actors/actresses on stage
    • exhibit halls, auditoriums
    • interior areas of campus housing buildings
  • Smoking is permitted outdoors, with the following exceptions:
    • within 25 feet of any building entrance or operable window
    • within the boundaries of all outdoor stadiums (football, soccer) during games
    • on building roofs or within 25 feet of air intake louvers.
  • Housing and Residence Life policy prohibits smoking in all interior areas of campus housing. Smoking is only allowed on porches and balconies of campus housing buildings.  Smoking is only allowed on porches and balconies of campus housing buildings.  Any student has the right to respectfully approach a peer whose smoking is disruptive. Anyone approached about smoking should make an effort to find another viable location to smoke.  Violations of the smoking policy will result in a $100 assessment.  Hookahs and other smoking devices are prohibited.
  • Smoking is prohibited in University motor pool vehicles that are available for checkout. Smoking is permitted in University vehicles assigned to employees provided tobacco products are disposed of in a receptacle designated for that purpose and provided that smokers accommodate the requests of other passengers in the vehicle.

This policy applies to all students, faculty, and employees of the University whether fulltime, part-time, or temporary and to all visitors, alumni and any other person on campus for any purpose. In an effort to promote the health and safety of students and employees, the university will offer smoking cessation programs. Programs will be announced through newsletters, posters, mailings, etc. It is the responsibility of all administrators, faculty, staff, and students to enforce the university's smoking policy. Anyone smoking in a nonsmoking area should be directed to a smoking-permitted area. Disputes over the interpretation of the policy or complaints about individuals violating the policy and/or guidelines, should be brought to the attention of a supervisor using the normal channels for making complaints. Supervisors should follow existing policies and procedures to deal with complaints received for infractions of this policy.

SOLICITATION

  1. Solicitation, defined as approaching someone with a request or plea, is not allowed on campus without prior written approval. No individuals or groups will be given permission to solicit on a door-to-door basis. After the appropriate permissions are obtained, the designated building facilitator will assist Furman groups who wish to set up tables in high-traffic areas.  
  2. Solicitation is not allowed in campus housing without prior written approval from the Associate Director of Residence Life. No individuals or groups will be given permission to solicit on a door-to-door basis. This includes outside organizations as well as Furman organizations. The Associate Director will assist Furman groups who wish to set up tables in high-traffic areas within or near the residence halls.

STALKING

Engaging in conduct that may cause a person to fear for his/her safety due to a pattern of behavior that is unwanted and/or an emotional/mental disruption of his/her daily life is prohibited. Such acts may include, but are not limited to, following another person, vandalism/destruction of personal property, telephone calls, e-mail messages, meeting at classes or places of residence, and written notes or letters. The repeated use of electronic mail and/or electronic communication with the intent and for the purpose of cyberstalking (i.e. abusing, annoying, threatening, terrifying, harassing or embarrassing any students or students) is prohibited.

STUDENT PARTICIPATION IN OFF CAMPUS PUBLIC AFFAIRS

  1. No student will be denied the constitutional right to peaceful protest under the law.
  2. When a student exercises the right as a private citizen or member of an organized group to participate in a protest or demonstration off the campus, the student must assume full responsibility for the consequences of the action. The University will not be held accountable should the student be injured or arrested.
  3. When participating in any kind of demonstration off the campus, the student is acting as a private citizen, not as a representative of Furman University, and the university is not a participant in the action. The student should be careful not to identify Furman University or student of Furman with the demonstration.
  4. When a Furman student behaves off the campus in a way that reflects discredit upon the university, that student may be accountable to student conduct action.

THEFT

  1. No student shall take, attempt to take or keep in his/her possession or place in his/her room, items of University property, items rented, leased or placed on the campus at the request of the institution or items belonging to students, faculty, staff, guests of the University, student groups or off-campus community members without proper authorization.
  2. No student shall sell a textbook not his/her own without the permission of the owner. Violation of this regulation will be regarded as prima facie evidence of theft.
  3. Removal of University-owned furniture from common areas will be considered theft and dealt with as such.

UNAUTHORIZED ENTRY OR USE OF UNIVERSITY FACILITIES OR EQUIPMENT

  1. No student shall make unauthorized entry into any University building, office, room or other facility.
  2. No student shall make unauthorized use of any University facility or equipment. Upon appropriate notice by University officials, authorization for the use of University facilities or equipment may be withdrawn or otherwise restricted.
  3. No student shall enter a community bathroom designated for the opposite sex.

UNIVERSITY DOCUMENTS

  1. Lending, selling or otherwise transferring a student identification card or any University document is prohibited.
  2. The use of a student identification card by anyone other than its original holder is prohibited.
  3. No student shall obtain under false pretenses any additional student identification card and/or University document.

WEAPONS

Students are prohibited from possessing, displaying, or using weapons on University property, such as, but not limited to: firearms of any type, knives, machetes, sling shots, pellet or BB guns, paintball guns, potato guns. Ammunition and/or any other weapons paraphernalia is also prohibited on University property. To avoid any misunderstanding with law officials, toy guns are also prohibited. Weapons will be confiscated and disciplinary action will be taken. Students may also be arrested.
 
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