Student Code of Conduct

Clark University prohibits the use, sale, provision, and distribution of alcohol, except as permitted by law, on any college-owned property, at any college activity or activity offered by an organization recognized by the college, or during any college-sponsored event or travel. The following are also prohibited on any college-owned property, at any college activity or activity offered by an organization recognized by the college, or during any college-sponsored event or travel. This policy applies to any form of alcohol.

• Underage persons: A person under the legal drinking age may not possess, consume, be under the influence of, or be in the presence of alcohol.
• Drinking games: Any activity or game that promotes or encourages the consumption of large amounts of alcohol is prohibited, including, but not limited to, activities such as beer pong, quarters, and flip cup.
• Alcohol paraphernalia: The possession of materials used in drinking games or activities that promote or encourage the consumption of large amounts of alcohol is prohibited, including, but not limited to, beer pong tables, beer funnels, and beer bongs. Paraphernalia may be confiscated by the University.
• Underage possession: The possession of alcohol by a person under the legal drinking age.
• Underage consumption: The consumption of alcohol by a person under the legal drinking age.
• In the presence of: Students under the legal drinking age are not allowed to knowingly be present in a space where alcohol is being consumed.
• Open containers: Consumption and possession of open containers of alcohol are prohibited in common areas of residential buildings, inside academic and administrative facilities, and outdoors on University property unless alcohol is served legally and in accordance with guidelines as part of an approved University event.
• Public intoxication: Committing an offense in a public place while intoxicated to the degree that the person may endanger themselves or others.
• Communal sources of alcohol: Communal sources of alcohol — e.g., beer balls, kegs, punches, and Jell-O shots — are prohibited.
• Production of alcohol: Brewing or making alcohol is prohibited in all University buildings.
• Other dangerous conduct: Consuming an amount of alcohol that interferes with a person’s participation in the college community and poses a risk to the health or safety of students or others is prohibited.

Clark does not tolerate the distribution, manufacturing, possession, sale, or use of illegal drugs or drug-related paraphernalia (e.g., bongs, pipes, etc.), including the improper use of prescription drugs. A student determined to have recently used, been under the influence of, or been using illegal drugs may be found in violation of this code. Usage may be indicated by, for example, odor, fans, or towels under the door.

Infractions that involve the distribution of drugs may result in more severe sanctions. Clark retains the right to report all violations of this code to local, state, and federal authorities. Any student who is in the presence of illegal drugs will be held accountable for possession, depending on the nature and circumstances of the incident, unless it’s clear from the incident report and or information gathered during the hearing that the student was in no way aware of nor involved in a violation of the illegal drug policy.

Despite the adoption of marijuana legislation in Massachusetts, the possession, cultivation, and use of marijuana remains illegal under federal law, and permitting its use at Clark University would violate the Drug-Free Schools and Communities Act.

To discuss the possibility of accommodation, students should contact Student Accessibility Services, Residential Life and Housing, the Dean of Students Office, or the Dean of Graduate Studies to discuss the use or storage of marijuana and/or related paraphernalia on campus or on University-owned property.

In cases of intoxication, alcohol poisoning, or suspected overdose, the primary concern is the health and safety of the person(s) involved. Individuals are strongly encouraged to call for medical assistance (508-793-7575 or x7575 from an on-campus phone, 911 if off-campus) for themselves or a friend/acquaintance who is dangerously intoxicated or under the influence. No student seeking medical treatment for an alcohol or other drug-related overdose will be subject to the University’s conduct action for the sole violation of using or possessing alcohol or drugs. This policy shall extend to other students seeking help for the intoxicated student.

The medical amnesty policy does not preclude University or Worcester police from addressing severe violations of the law should they present themselves during the medical intervention/or hospital transport.

Students who are transported and treated for acute drug or alcohol intoxication will be expected to follow up with a university administrator as defined by the conduct process.

Clark University strives to create a community and atmosphere of mutual respect and wellness, as free from hazards as possible. Issues affecting the health, safety, and well-being of Clark University community members are essential wherever possible. Research findings have clearly shown smoking, and exposing nonsmokers to secondhand smoke, constitutes a significant health hazard. Clark University recognizes its obligation to promote a healthy learning and working environment for the students, employees, and visitors on campus. This shared responsibility will ensure a healthy environment for all of us.

As of August 18, 2020, smoking of any kind, including any electronic nicotine-delivery system or smoking device, is prohibited for the entire campus community in or in close proximity to all facilities, Clark-owned or -leased properties, and areas occupied or controlled by the University. This includes, but is not limited to, all common work areas, elevators, hallways, University-owned or -leased vehicles (including while parked on campus grounds), garages, restrooms, cafeterias or dining areas, lounges, conference and meeting rooms, all enclosed areas in the workplace, parking lots, quads, the green, grounds, rooftops, plazas, courtyards, entrance and exit ways, athletic fields, the Athletic and recreation complex, bus stops, and any other areas of the university campus. This policy applies to all faculty, staff, students, alumni, guests, visitors, vendors, and contractors. Common courtesy and consideration toward others should be exercised in implementing and enforcing this policy.

Abuse of property may include damaging, destroying, misappropriating, misusing, or improperly accessing (including unauthorized entry to) University buildings, grounds, equipment, computing resources, educational materials, or the personal belongings of others.

Clark has an Appropriate Use Policy (AUP) to protect shared computing and information resources for all of campus. Students agree to the University’s AUP when using any Clark computing resource, including the Clark network.

Physical assault or battery is any unwanted physical contact, or threat of communication, with harmful intent or result, by a Clark student against another individual. Physical assault includes, but is not limited to, attempting or committing an act that causes fear of injury; assault with a deadly weapon or with intent to murder, rape, or rob; physical harm against another person; insulting or provoking physical contact; or threatening to commit a crime of violence or to damage another person with harm, verbally or physically.

Clark University values diversity, inclusion, and an environment free from biased or discriminatory behavior. The University embraces diversity of all kinds. It is committed to providing a safe, respectful, and equitable educational and work environment free of harassment and intimidation for all members of the Clark community. Further, the University is committed to identifying and implementing anti-racist policies, procedures, and training with all members of the Clark community as part of its ongoing commitment to advance its commitment to equity and inclusion.

Bias incidents are any behavior(s) or communication(s) motivated by hatred or prejudice that demean, degrade, harm, or harass an individual or group based upon perceived or actual identification in a protected category as recognized by law or Clark University policy, including race, color, national or ethnic origin, ancestry, religion, sex, sexual orientation, gender identity, gender expression, age, genetics, physical or mental disability, and veteran or other protected status. Mistreatment could also be based on nonprotected categories, including, but not limited to, creed, marital status, political or social affiliation, or socioeconomic status. View Appendix A: Reporting a Bias Incident for more information.

Censoring the press or broadcast media, including but not limited to impeding the circulation of printed media, is prohibited.

Our community guidelines at Clark University are based on values and a dedication to promoting a learning environment free from harassment and intimidation. Each member of the Clark community plays a crucial role in upholding these values. We encourage all of you to avoid using slogans, clichés, or behaviors that contribute to feelings of uneasiness. When we encounter concerning remarks, we address them as an institution. We thoroughly investigate each incident. Furthermore, we promptly remove any language once it is brought to our attention. Students or student organizations found violating these shared community values will be held accountable through the conduct process.

Creating dangerous or unhealthy conditions (for yourself or others) threatens the community and is prohibited. Examples of such behavior include, but are not limited to:

• Exposing others to biohazards such as bodily fluids or wastes
• Drugging another person’s food or drink
• Possession or unauthorized use of flammable, corrosive, or poisonous chemicals on University premises
• Possession of firearms, explosives, or other weapons
• Tampering with any fire or safety equipment or fixtures
• Tampering with door locks, peepholes, or emergency doors (including propping doors open)
• Inappropriate use of windows (e.g., as an entrance or exit, or throwing things from or out of)
• Lending a Clark card or key to allow an unauthorized person(s) entry to a residence hall or house

Members of the community are expected to abide by established regulations. This includes the operating rules of academic or non-canon-academic offices, laboratories, and campus departments. Departmental policies are available in this document, on individual websites, and/or in specific offices.

Disorderly conduct is defined as violent, abusive, indecent, profane, or inappropriate harmful and/or damaging conduct or language. These behaviors are unreasonable at the time of their occurrence and interrupt teaching, research, administration, community living, hearing proceedings, and/or other activities. This includes but is not limited to disruptive behavior in all University physical and online spaces, including on and off campus.

Students may not disrupt the orderly processes of the University that involve teaching, research, administration, disciplinary proceedings, or other activities. Disruptive actions include, but are not limited to, unauthorized entry into or blocking/obstructing access to private offices, work areas, teaching areas, libraries, social facilities, or the ingress and egress of traffic on Clark and neighboring community sidewalks and roadways.

It is also a violation to deprive anyone exhibiting freedom of expression of the opportunity to speak or be heard, to physically obstruct their movement, or to otherwise interfere with academic freedom.

Disruption includes conduct that is disorderly, annoying, disruptive, lewd, overly aggressive, or obscene, or that causes alarm.

Doxing, defined as publicly sharing private or identifying information about an individual without their consent, is strictly prohibited. This includes the unauthorized sharing of private or sensitive information. This information can include, but is not limited to:

• Full name
• Home address
• Phone numbers
• Email addresses
• Social Security numbers
• Personal photographs
• Bank account details
• Workplace information
• Other personally identifiable information

Any student or student organization found to be engaging in doxing activities will face disciplinary action. Prohibited actions include:

• Sharing private information about an individual without their consent.
• Encouraging others to dox an individual.
• Using University resources (e.g., computers, networks) to facilitate doxing.

Students or student organizations found responsible for doxing will face disciplinary actions, which may include:

• Warning or reprimand
• Mandatory educational activities on privacy and digital citizenship
• Probation or suspension of the student organization’s activities
• Temporary or permanent suspension from the University
• Other sanctions deemed appropriate by the Office of Community Standards

The University communicates essential information and business to students’ @clarku.edu email addresses. Students are responsible for all information sent to this email address.

Clark students are responsible for their behavior outside the University’s confines. The University may invoke disciplinary action when notified of violations of federal, state, and local laws, whether violations occur on or off campus.

Off-campus students studying abroad or away from campus are expected to conduct themselves according to the policies and expectations outlined in the Student Code of Conduct and the Study Abroad “Statement of Responsibility and Release of Liability” contract. Students Students participating in an away or abroad program are expected to follow their host programs’ academic and behavioral expectations. If scheduled for disciplinary action by their host programs, University charges that illegalize academic integrity violations abroad and/or away will also be reviewed by the Office of Community Standards. Clark’s typical sanctions may apply.

Students should be advised that removal from a study abroad or away program, or the revocation of admission into a similar program under these conditions, may have financial implications for which they will be held responsible. Costs may include payments made by the student in preparation for their travel and nonrefundable deposits paid to or by the University and study abroad programs.

The forgery, alteration, or unauthorized possession or use of official documents, records, and identification instruments (i.e., Clark credentials) is prohibited. This includes acts of personal misrepresentation and knowingly furnishing false information to the University. In addition, the duplication of University keys is not allowed.

According to Massachusetts General Law, gambling is any unsanctioned game of chance where currency or property are exchanged. Gambling, including taking or placing bets or payoffs, is prohibited.

Harassment includes conduct with the intent or effect of unreasonably interfering with a person’s life in the Clark community. Examples of harassment may include, but are not limited to, intimidation, threats, stalking, slurs, derogatory graffiti, internet posting, email, text, or cellphone communication, or any conduct that endangers the health, safety, or well-being of an individual or group. This behavior violates the Student Code of Conduct and will be subject to conduct sanctions.

Clark University Harassment and Discrimination Prevention Policy

Clark University prohibits harassment and discrimination based on (but not limited to) age, race,  color, national origin, religion, gender, sexual orientation, marital status, disability, and veteran status. This policy extends to all programs and activities, including admission, education, employment, and athletics.

Acts constituting hate crimes, as defined by Massachusetts General Laws Chapter 22C, Section 32, include “any criminal act coupled with overt actions motivated by bigotry and bias including, but not limited to, a threatened, attempted or completed overt act motivated at least in part by racial, religious, ethnic, handicap, gender or sexual orientation prejudice, or which otherwise deprives another person of [their] constitutional rights by threats, intimidation or coercion, or which seek to interfere with or disrupt a person’s exercise of constitutional rights through harassment or intimidation.” For this protocol, all hate crimes are considered a form of bias incident.

Massachusetts General Laws Chapter 265, Section 39, Crimes Against the Person, states in relevant part that it is illegal to commit a crime against another person or their property with the intent to intimidate them because of their race, color, religion, national origin, sexual orientation, or disability.

Hazing is any conduct or method of initiation into any student organization, whether on public or private property, that endangers the physical or mental health of any student or participant. Such conduct includes, but is not limited to, whipping; beating; branding; forced calisthenics; exposure to weather; forced consumption of food, liquor, beverage, drug, or other substance; or any other treatment or forced activity that humiliates, abuses, degrades or endangers the health and safety of any of the involved participants, regardless of their willingness to participate.

Massachusetts General Laws Chapter 269, Section 18,  states that anyone with knowledge of a hazing incident is obligated to report that incident. Clark University complies with the MGL and National Collegiate Athletic Association (NCAA) regulations prohibiting hazing. Copies of

the Massachusetts law and NCAA restrictions on hazing are available in the Athletics Department, Dean of Students Office, Dean of Graduate Studies Office (Jonas Clark Hall, room 116), and the Office of Student Leadership and Programming.

Students and their guests (see responsibility of hosts policy) are required to carry proper identification at all times while on University property and are expected to comply with any requests made by University student staff and University officials to show identification.

To maintain a clean, safe, and environmentally responsible campus, Clark University prohibits illegally dumping waste materials on school grounds or in surrounding areas.

Illegal dumping refers to the unauthorized disposal of waste materials, including but not limited to household garbage, construction debris, hazardous substances, and electronic waste, in non-designated areas.

Any student who assists another person in the commission or attempted commission of a violation of the Student Code of Conduct or other University policy may be held jointly responsible. This includes hosting a nonstudent who commits an offense.

Students found to have a significant substance abuse issue may be required to follow up with appropriate support services and take a leave of absence from the University to address this health concern. According to the Student Code of Conduct, students who choose not to attend these follow-up sessions may be held responsible for “noncompliance with University Officials.”

Clark University prides itself on building a healthy community and a sense of belonging for all students, staff, and faculty. Therefore, any community member who spreads falsified information physically or electrotonically, such as on social media platforms, violates the student code of conduct and may be subject to sanctioning. These include but are not limited to sharing information on an ongoing investigation or closed investigation of a community member, bullying, and cyberbullying. A good faith reporting of information that later proves to be false would not be considered a violation of this policy if the student made the report to an appropriate staff member based on a legitimately held concern (as opposed to merely gossiping with other community members who lack the ability to investigate the concern or effectuate a remedy).

Mutual combat is defined as fighting in which both parties have contributed to the situation by verbal and/or physical action. It differs from assault as there is no clear aggressor.

Students are required to comply with reasonable directives or requests from University student staff or University officials acting in the performance of their duties. Noncompliance also includes all acts of dishonesty, including but not limited to personal misrepresentation and knowingly furnishing false information to the University.

Clark University has established guidelines for all its members to ensure everyone exercises their freedom. These guidelines outline the use and limitations of University facilities and resources for campus employee activities. Due to its tax status, Clark University is bound by regulations prohibiting it from engaging in or attempting to influence political campaigns or initiatives. The

University cannot endorse candidates, offer support for organizations, or establish action committees. However, exceptions are granted for lobbying activities permitted under the law by the authoritative Office of Government and Community Affairs and for programs that promote learning opportunities. Read Clark’s political activity guidelines.

Hosts must be able to always account for the whereabouts of their guests, and hosts assume responsibility for their guest’s actions and behaviors. Guests must abide by the rules, regulations, and standards of the campus community. Guests may be asked to leave campus at the discretion of a University official.

The University will not tolerate retaliation in any form against any persons for their participation or involvement in reporting, investigation, and/or resolution. The University will take appropriate steps to prevent and/or address retaliatory conduct immediately. Retaliation includes any acts or words that constitute intimidation, threats, or coercion because of that person’s:

• Report of a policy violation(s);
• Assistance in reporting of a policy violation(s);
• Participation in any proceeding under the policy; or
• Protest of policy conduct,

and that would also deter a reasonable person from reporting or assisting in reporting a violation of the policy, participating in any proceeding under the policy, or protesting of the policy.

Students are expected to respect property belonging to other people and the property of the University or its affiliates (e.g., Harvest Table). Students must never take possession of another person’s property without the owner’s express permission of this policy, including but not limited to theft of University property; larceny from a member of the University community or a campus visit; and intentionally, recklessly, or negligently causing damage to the property of the University or an individual. Students found responsible for theft will be expected to provide adequate restitution and will face appropriate conduct action.