Article III: Proscribed Conduct

Any student found to have violated the Student Code is subject to the disciplinary sanctions outlined in Article VI. Intoxication or drug use is never an excuse or a mitigating circumstance for conduct which violates the Student Code. The College’s proceedings are not bound by determinations made by civil or criminal proceedings.

Pomona students are bound by the Student Code even when they are at the off-campus residences of members of the Claremont Colleges community and anytime they engage in conduct which constitutes grave misconduct or flagrant disregard for the college community.

Violations of the Student Code include:

1. Forgery, alteration or misuse of any college document, form, record, time sheet or instrument of identification.
2. Physical abuse, battery, assault, coercion or other conduct which endangers the health, well being or safety of any member of the campus community, visitor, or parent to the campus.
3. Speech Code: The Pomona College student body believes that free speech is critical to Pomona’s mission as an educational institution, and therefore, the norm is that speech and other forms of expression are protected. However, in the following cases, speech and other forms of expression are unprotected and a violation of the Student Code:
   • Speech that constitutes harassment, as defined by the College’s Non-Discrimination Policy.
   • Speech that constitutes fighting words. To constitute fighting words, the speech must meet all of the following three criteria. First, the speech must be addressed at a specific individual or particular group of individuals. Second, the speech must be abusive rather than a communication of ideas. Third, when considered objectively, the speech must be likely to provoke a violent reaction.
   • Speech that incites imminent lawless action. To constitute incitement of imminent lawless action, the speech must meet all of the following three criteria. First, the speech must ad­vocate for, or attempt to cause, lawless action in the near future. Lawless action includes, but is not limited to, violence or the destruction of property. Second, when considered objectively, the speech, in context, must be likely to produce such lawless action. Third, the speaker must intend to cause such lawless action.
   • Speech that constitutes a true threat. To constitute a true threat, the speech must communicate a serious intent to harm a specific person or a particular group of persons. While the speaker does not necessarily have to intend to carry out the threat, the threat must be serious enough to cause an individual to fear for their physical safety in order to qualify as a true threat.
     
     If a Dean of the College believes the speech meets any of the requirements of the subpoints as stated above, then they may request to have a conversation with any of the involved parties to further understand the details of the event. It is not a violation of the Student Code to refuse to meet with a Dean if a Dean requests to meet in regards to potential speech code violations. If, during these conversations, the Dean determines that the speech does violate all of the requirements of one or more of the subpoints as stated above, the College may choose to pursue judicial action.
     
     In addition, the College may reasonably regulate the time, place and manner of expression to ensure that it does not disrupt the ordinary activities of the College.
4.  Attempted or actual theft or wrongful appropriation of or damage to property of the colleges or property of a member of the college community. Possession of stolen property on the colleges’ premises or at a college sponsored activity is prohibited.
5. Hazing.
6. Failure to comply with directions of college officials (including RA’s), officials of the other Claremont Colleges, the Claremont University Consortium, Campus Safety officers, or law enforcement officers acting in performance of their duties or failure to identify oneself to these persons when requested to do so. Furnishing false information to any of these officials (including RA’s) or law enforcement persons is also prohibited.
7. Unauthorized possession, duplication or use of keys to any college premise or unauthorized entry to college premises. Unauthorized use of college property, equipment or facilities, or the property, equipment or facilities of the College contract services or those of other Claremont Colleges or the Claremont University Consortium.
8. Violation of any published College policies, rules or regulations including, but not limited to the College’s alcohol and drug policies, residence hall regulations, and sexual assault and misconduct policies that do not prescribe their own procedures for addressing violations.
9. Violation of federal, state or local law on College premises or at College sponsored or supervised activities.
10. Use, possession, sale or distribution of narcotics, marijuana, unauthorized prescription drugs, designer drugs or other controlled substances or drug paraphernalia.
11. Use, possession, sale or distribution of alcoholic beverages except as permitted by the law and by College regulations.
12. Possession of firearms, including BB guns and air rifles, ammunition, explosives, or bladed weapons, including those used for ceremonial or decorative purposes, other weapons or dangerous chemicals; unauthorized use or possession of fireworks on college premises or at college sponsored or supervised activities.
13. Conduct which interferes with or prevents the normal operations of Pomona College, the Claremont Colleges or the Claremont University Consortium or improperly infringes on the rights of other members of the college community.
14. Theft or other abuse of the college’s computer time, including but not limited to:
    • Unauthorized entry into a file, or to use, read or alter the contents, or for any other purpose.
    • Unauthorized transfer of a file.
    • Unauthorized use of another individual’s identification or password.
    • Adopting an identity other than your own.
    • Use of computing facilities to interfere with the work of another student, faculty member or college official.
    • Use of the colleges’ computing facilities to send obscene, threatening or abusive messages.
    • Use of computing facilities to interfere with normal operation of the colleges’ computing systems.
15. Abuse of the judicial system, including but not limited to:
    • Failure to obey the summons of a judicial body or college official.
    • Falsification, distortion or misrepresentation of information before a judicial body.
    • Disruption, non-cooperation or interference with the orderly conduct of a judicial proceeding.
    • Attempting to influence the impartiality of a member of a judicial body prior to and/or during the course of the judicial proceeding.
    • Harassment, abuse, and/or intimidation of a member of a judicial body prior to, during and/or after a judicial proceeding.
    • Failure to comply with the sanction(s) imposed under the Student Code.
    • Influencing or attempting to influence another person to commit an abuse of the judicial system.
    • Reporting, divulging or using the statement of a victim, complainant, respondent or witness outside of a Pomona College judicial hearing. All statements, written or oral, of respondents, victims, complainants or witnesses made in or prepared for Pomona College judicial hearings are strictly confidential.
16. Stalking or threatening another person.
17. Observing another person without their consent while they are in the bath or shower or engaged in acts of a distinctly private nature; peeking in the door or window of a residence hall or residence hall room without invitation or legitimate business with the occupant.
18. Other conduct or actions in which the College can demonstrate a clear and distinct interest which threatens the:
    • educational process.
    • health, safety or well-being of any member of the college community.
    • integrity of the college’s physical facilities.
19. Actions of guests and/or visitors who violate the Student Code. Students are held accountable for the conduct of guests and/or visitors. Overnight visitors must be registered with the Office of Campus Life. Guest passes for on-campus activities may be obtained at Housing & Residence Life and at the Smith Campus Center.
20. Prohibited actions on behalf of an organization which has had its charter suspended or revoked.
21. Irresponsible or negligent conduct that results in theft, damage, or threat to a member of the Pomona College community’s property or safety. Students are expected to take appropriate care with shared spaces by, for example, making an effort to close and lock entrances to residence hall rooms.