Article III – Proscribed Conduct

1. The College Student Code shall apply to conduct that occurs on College premises, at College sponsored activities, and to off-campus conduct that adversely affects the College Community and/or the pursuit of its objectives. Each student shall be responsible for their conduct during the academic year and during periods between terms of actual enrollment. This applies in cases where conduct occurs before classes begin, after classes end, and when the conduct is not discovered until after a degree is awarded. The Student Code shall apply to a student’s conduct if the student withdraws from school while a disciplinary matter is pending. Students who live off-campus are subject to all policies in the Student Code and violation of policy may lead to revocation of permission to live off-campus.

2. Conduct – Rules and Regulations

Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV:

A. Disruption or obstruction of teaching, research, administration, disciplinary proceeding, other College activities, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on College premises.

B. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, or conduct which threatens or endangers the health or safety, or emotional wellbeing of any person.

Physical abuse includes assault and fighting and all persons engaging in a fight are subject to disciplinary action regardless of who started the fight.

Harassment includes any written, verbal or physical acts (including electronically transmitted acts) that is reasonably perceived as creating a hostile work, learning or living environment; causes bodily harm; or unreasonably interferes with the learning or living environment. Particularly if questionable behavior is repeated and/or if it continues after the offending party is informed of the objectionable and/or inappropriate nature of the behavior. Harassment can be a single incident, or a series of repeated incidents.

C. Attempted or actual theft and/or damage to property of the College or property of a member of the College community or other personal or public property, on or off campus. This includes theft of services.

D. Failure to comply with expectations of the College, or the directions of College officials or law enforcement, including but not limited to:

1 Failure to comply with any College expectations to minimize the exposure of a contagious disease, e.g. COVID-19, including requirements for social distancing, use of masks/face coverings, and other guidelines issued to protect the health and safety of the campus and greater community.

2. Failure to comply with DPS officers or other college employees acting in performance of their duties.

3. Failure to comply with directives or requirements of College officials.

4. Failure to identify oneself when requested to do so by such officials or officers.

5.  Providing or possessing false identification or information to these persons when requested to do so.

E. Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry or use of College premises.

F. Tampering with life and safety equipment such as fire extinguishers, smoke detectors, pull stations, and sprinklers. Failure to evacuate a building during a fire alarm or drill is also a violation of this rule.

G. Violation of any College student policy, rule, or regulation published in hard copy or available electronically on the website. This includes, but is not limited to the following College policies: Alcohol and Drug Points System, Bias Conduct, Harassment, Anti-Hazing, Social Event, Parking, Dining, Library, Residential Life, and Computer Network Use. Sexual Misconduct is also a violation of College policy and is defined and adjudicated as outlined in the Sexual Misconduct and Relationship Violence Policy. Academic conduct is defined and adjudicated through a separate policy, the Gettysburg College Honor Code.

H. Violation of any federal, state or local law (including ordinances).

I. Use, possession, transmission, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by federal law. Conspiring, co-conspiring, or facilitating in drug selling, distribution, and manufacturing. Use or possession of drug paraphernalia is also prohibited.

J. Use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by College regulations). Alcoholic beverages may not, in any circumstances be used by, possessed by or distributed or sold to any person under twenty-one (21) years of age. Please refer to the College’s Alcohol and Drug Policy Points System for details.

K. Possession of firearms, explosives, or dangerous chemicals on College premises, including carrying or storing them in a personal vehicle on College premises, or use of any such item, even if legally possessed, is prohibited. A firearm is any weapon from which a projectile is fired by gunpowder. Possession of firearms and other weapons is inconsistent with the goals and mission of a learning community such as Gettysburg College. Students found in possession of a firearm are subject to an Interim Suspension during the investigation and pre-hearing process. For students who are found responsible at a hearing for possession of a firearm, the standard sanction is expulsion.

Other weapons or devices that are capable of inflicting a wound, injuring or incapacitating a person or persons are also prohibited. This includes, but is not limited to, archery equipment, fireworks, BB guns, airsoft guns, pellet guns, paintball guns, slingshots, martial arts devices, switchblade/open-assist knives, knives with blades exceeding 3 inches in length, swords, and clubs. For students found responsible for possession of a knife, pellet gun, or similar weapon, the standard sanction is suspension for the remainder of the current semester.

Martial arts and fencing devices are permitted if they are intended for use in College recognized martial arts or fencing teams, clubs or organizations. The College will continue to provide storage for period appropriate civil war long guns, bayonets and sabers. The College will not store any type of ammunition, powder or caps. For the purposes of storage, a Civil War era firearm is described as follows: any original or reproduction smoothbore or rifled barreled rifle model year 1863 or older that is fired by way of flint and pan or percussion cap, or any model year 1863 or older rifle that holds and fires one brass encased bullet at a time. Other Civil War era weapons that must be stored include bayonets and sabers. All items that are stored must belong to members of the Pennsylvania College Guard who are identified by the Director of the Civil War Era Studies. Black powder and percussion caps are not permitted to be stored on campus. The Director will provide a student list who belongs to the Pennsylvania College Guard to the Department of Public Safety on an annual basis.

L. Participating in an on-campus or off-campus demonstration, riot, or activity that disrupts the normal operations of the College and/or infringes on the rights of other members of the College community. Leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.

M. Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College sponsored or supervised functions.

N. Conduct that is disorderly or indecent. Conduct which is disorderly, disruptive, or interferes with the orderly operations of the College, including but not limited to, creating excessive noise or commotion, disrupting active or passive programs or activities, or demonstrating disorderly or inappropriate conduct in the classroom, lab, or other buildings of the College.

O. Harmful Conduct. Engaging in a course of conduct directed at a member of the college community which would cause a reasonable person in the victim’s position, severe emotional distress or which would place a reasonable person in the victim’s position in fear of bodily injury or death, provided that this provision shall not be interpreted to abridge the right of any member of the college community to freedom of expression. Harmful conduct also includes intentional conduct that inflicts, or attempts to inflict, harm upon any person, including, but not limited to, actual or threatened unwanted physical contact, or the knowing or reckless exposure of others to a contagious disease, e.g. COVID-19. Students are required to engage in responsible social conduct that reflects credit upon the College community and to model good citizenship in any community. Harmful bystander behaviors are also prohibited.

P. Failure to assure the proper conduct of a guest. All students are responsible for their guests, whether that guest is a student or a non-college person, and must ensure that their guests are not violating college policy.

Q. Theft or other abuse of computer facilities and resources, including but not limited to:

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

2.  Unauthorized transfer of a file.

3.  Use of another individual’s identification and/or password.

4.  Use of computing facilities and resources to interfere with the work of another student, faculty member or College official.

5.  Use of computing facilities and resources to send or intentionally receive obscene or abusive messages.

6.  Use of computing facilities and resources to interfere with normal operation of the College computing system.

7.  Use of computing facilities and resources in violation of copyright or other laws, rules and regulations.

8.  Any violation of the College Network Use Policy.

R. Abuse of the Student Conduct System, including but not limited to:

1. Failure to obey the notice from a Student Conduct Review Board or College official to appear for a meeting or hearing as part of the Student Conduct System.

2. Falsification, distortion, or misrepresentation of information before a Student Conduct Review Board or Student Conduct Administrator.

3. Disruption or interference with the orderly conduct of a Student Conduct Review Board proceeding.

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

5. Attempting to discourage an individual’s proper participation in, or use of, the student conduct system.

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

7. Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Review Board or Student Conduct Administrator prior to, during, and/or after a student conduct code proceeding.

8. Failure to comply with sanction(s) imposed under the Student Code.

9. Influencing or attempting to influence another person to commit an abuse of the student conduct code system.

S. Unauthorized fraternity or sorority membership. Students are not permitted to join a social fraternity or sorority if 1) the student is not eligible according to established College standards, or 2) if the organization is not recognized by the College. Reasons a student may not be eligible to join an organization include, but are not limited to: student GPA is below an established standard, student has more than 4 Alcohol and Drug Policy points, student is on conduct probation, or the student has been restricted from membership by a student conduct sanction. Unauthorized membership includes, but is not limited to, participation in recruitment, new member activities pledging, joining, or maintaining membership in a Greek organization that is not recognized by the College. It also includes living in a house or apartment run by or on behalf of an unrecognized organization. Violation of this policy may result in sanctions up to and including suspension from the College. Organizations will also be charged when an individual is charged with unauthorized fraternity or sorority membership.

T. Unauthorized Housing. Any lease or arrangement to live off-campus that the College does not have knowledge of and has not been approved by the Office of Residential & First-Year Programs is considered to be unauthorized housing. For any unauthorized housing arrangements discovered (e.g. signed leased, Boro citation, etc.), the student(s) will be fined, sanctioned, and may not be released from the responsibilities of their on-campus housing assignment. Additionally, the College will not intervene on behalf of the student with any third-party proprietor(s).

U. Unauthorized Recording.  Unauthorized Recording. It is a violation of Pennsylvania law to create an audio recording of another person without their consent if reasonable expectations of privacy exist. Gettysburg College prohibits all unauthorized recording in any context in which a person has a reasonable expectation of privacy. Normally, reasonable expectations of privacy exist in classrooms, meeting spaces, office spaces, residential facilities, recreational spaces, restrooms, and locker rooms. Unauthorized recording includes, but is not limited to, the use of an electronic or other device to create an audio recording, video recording, or photo to capture or stream a statement, picture, video, or digital image/information of any person while on College premises without the community member’s knowledge and/or effective consent.

The transmission or publication of an unauthorized recording is also prohibited. Transmission or publication via the internet, social media, electronic communication, in printed or hard copy, or via any other media is included within this prohibition. Authorized recordings made when reasonable expectations of privacy exist may not be transmitted, as defined above, without expressed permission from the other party or parties who were recorded.

Recording of programs held in non-private spaces on campus may be prohibited by the event sponsor. If the event sponsor or speaker does not wish the event to be recorded, the event sponsor must include a posting at the entrance to or an announcement prior to the start of the event informing attendees they are not permitted to record.

Amnesty from being charged with a violation of College policy may be provided to a community member or bystander who, in good faith, records another person or persons in an effort to protect the welfare of another individual and/or to prevent or document a crime or policy violation.

Classrooms have special considerations regarding recording. Faculty may authorize recordings by students for educational reasons, including academic accommodations approved by the Office of Academic Advising. Faculty members will be notified of such arrangements through the student’s IEAP. If recording has been approved, the professor is expected to notify the class that discussions are being recorded.  Transmission of such recordings and sharing such recordings with any other person is prohibited.  A student who is granted this accommodation must destroy the recordings once grades for the class have been finalized.

Approved by the Student Life Committee on March 20, 2017

3. Violation of Law & College Discipline

A. College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Director of Student Rights and Responsibilities. Determinations made or sanctions imposed under this Student Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal defendant. If a violation of law which also would be a violation of this Student Code is alleged, and the adjudication of College charges may substantially interfere with a student’s criminal defense, the student may withdraw from the College until such time the criminal process has been exhausted. A student choosing to withdraw from the College while facing College and criminal charges shall have a hearing on the alleged violation prior to readmission to the College. The College will conduct an investigation following the incident.

B. When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Student Code, the College may advise off-campus authorities of the existence of the Student Code and of how such matters are typically handled within the College community. The College will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the College community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.