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.

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 or visitor to the campus.
3. Verbal abuse, threats, intimidation, or harassment.
   
   An act which is speech alone shall not be considered to violate this paragraph unless it is a threat of violence; or (1) the speech, considered objectively, is abusive and insulting rather than a communication of ideas, (2) the speech is directed at an individual and actually used in an abusive manner in a situation that presents an actual danger that it will cause an immediate breach of the peace by inciting a violent reaction by the individual to whom the speech is addressed and, (3) the student intends the speech to be abusive and insulting rather than a communication of ideas.
    
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. Hazing is prohibited. Definition: an act or the creation of a situation that tends to endanger the mental or physical health or safety of a student; an act or the creation of a situation which tends to humiliate or degrade a student; or an act or creation of a situation which destroys or removes public or private property when these are part of initiation, admission into, affiliation with or continued membership in a group or organization. An act or a situation becomes hazing when an organization creates the dangerous, illegal, or humiliating situation and exposes students to it.
   
   (Effective January 1, 2007 the State of California amended the law governing hazing and included it not in the State Education Code but in the State Penal Code. The new law prescribes misdemeanor penalties for people or organizations who haze and felony penalties for hazing that results in death, bodily injury or psychological injury. The law allows the individual who is hazed to bring civil action against any person or organization involved in hazing.
   
   Hazing is defined as any method of initiation or pre-initiation into a student organizations or student body. Hazing that results in serious bodily injury, death or serious physical harm is a felony under the law. Hazing that does not result in serious bodily injury, death, or psychological harm is punishable by law with a fine of not less than $100 nor more than $5000, or imprisonment in the county jail for not more than one year, or both.)
    
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 expressly 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. Conduct which is disorderly or indecent.
15. Theft or other abuse of the college’s computer time, including but not limited to:
    1. Unauthorized entry into a file, or to use, read or alter the contents, or for any other purpose.
    2. Unauthorized transfer of a file.
    3. Unauthorized use of another individual’s identification or password.
    4. Adopting an identity other than your own.
    5. Use of computing facilities to interfere with the work of another student, faculty member or college official.
    6. Use of the colleges’ computing facilities to send obscene, threatening or abusive messages.
    7. Use of computing facilities to interfere with normal operation of the colleges’ computing systems.
16. Abuse of the judicial system, including but not limited to:
    1. Failure to obey the summons of a judicial body or college official.
    2. Falsification, distortion or misrepresentation of information before a judicial body.
    3. Disruption, non-cooperation or interference with the orderly conduct of a judicial proceeding.
    4. Attempting to influence the impartiality of a member of a judicial body prior to and/or during the course of the judicial proceeding.
    5. Harassment, abuse, and/or intimidation of a member of a judicial body prior to, during and/or after a judicial proceeding.
    6. Failure to comply with the sanction(s) imposed under the Student Code.
    7. Influencing or attempting to influence another person to commit an abuse of the judicial system.
    8. 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.
17. Sexual misconduct as defined in the Sexual Misconduct Policy in this handbook.
18. Willfully, repeatedly following, stalking, or threatening another person .
19. Observing another person without her or his consent while she or he is 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.
20. Other conduct or actions in which the College can demonstrate a clear and distinct interest which threatens the:
    1. the educational process.
    2. the health, safety or well-being of any member of the college community.
    3. the integrity of the college’s physical facilities.
21. Actions of guests that violate the Student Code. Students are held accountable for the conduct of guests while the guests are on the Pomona College campus. Overnight guests must be registered with the Office of Campus Life. Guest passes for on-campus activities may be obtained at residence hall desks, the Office of Campus Life and at the Campus Center.
22. Prohibited actions on behalf of an organization which has had its charter suspended or revoked.
23. 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.