Student and Recognized Organization Conduct

The student or organization will be notified of the:

• Alleged allegations/charges
• When the alleged incident occurred
• When and where the hearing/meeting with the conduct officer will occur

At the hearing/meeting, the conduct officer will:

• Share all the information they have regarding the incident
• Make sure you understand the charges
• Ask about your knowledge about or involvement in the incident
• Request to set up a follow-up meeting to discuss the outcome if an outcome is not reached during this meeting

At the follow-up meeting, the conduct officer will:

• Share the outcome of the case
• Provide a rationale for their decision
• Explain the request for an appeal process if applicable

Embry-Riddle adheres to the rights of all our students and organizations when addressing student/organization conduct procedures. As a part of the conduct process, students/organizations accused of violating the Standards of Conduct shall be entitled to a hearing by a Conduct Officer (CO).

The University Conduct process strives to ensure fair and impartial decisions. Embry-Riddle complies by adhering to the concept of fundamental fairness, in which students/organizations are provided the following rights throughout the

Conduct process:

• To be considered not responsible for any violation(s) until responsibility is established.
• To receive a Notice of Hearing.  A Notice of Hearing includes specific section(s) of the Standards of Conduct in which a violation(s) may have occurred, and time and place when the hearing will be held. Communication of notice will be done via ERAU e-mail.  In cases involving a student organization, an e-mail will be sent to the president or most senior officer of the organization as the representative for the organization. (Please note that an organization advisor or headquarters may be contacted at any time during this process.)
• To understand the specific Standard(s) of Conduct that the student/organization has allegedly violated.
• To be informed of all presented evidence.
• Select an advisor of their choosing to guide and accompany them throughout the conduct process.  The advisor may be a friend, mentor, family member, attorney or any other supporter a party chooses to advise them who is both eligible and available.  People who will be called as witnesses may not serve as advisors/supporters.
• • Advisors are subject to the same campus rules, whether they are attorneys or not and may not present on behalf of their advisee in a meeting or interview.
  • Advisors are expected to refrain from interference with the conduct process.  Any advisor who steps out of their role during any part of the conduct process will be warned once. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor will be asked to leave the meeting or interview or withdraw as the advisor.  When an advisor is removed from a meeting or interview, that meeting or interview will continue without the advisor present.  Subsequently, the CO will determine whether the advisor may participate in future meetings or interviews, if they may be replaced by a different advisor, or whether the party will forfeit the right to an advisor for the remainder of the process.
• To be informed of the outcome, including the decision of the violation(s) and sanction(s).
• To request an appeal of the decision or sanction(s) made by the CO(s). Please refer to the Student/Organization Conduct Appeals Process for more information. 

The request for review of an appeal will be considered by the Student Government Association (or Conduct Committee if the entire SGA Council needs to recue themselves) to determine whether grounds for an appeal exist. A student or organization will be granted an appeal based on any of the following grounds:

1. A sanction that falls outside the sanction range commonly assigned for the offense
2. A material deviation from written procedures that jeopardized the doctrine of fundamental fairness
3. A demonstrable bias by a Conduct Officer (CO)
4. New information, unavailable at the time of the hearing, that could impact the original judicial decision and/or sanction

Request Process: 

1. If the SGA grants an appeal in accordance with the established criterion above, they may return the complaint to the original CO(s) (excluding #3 above) or to a higher-level administrator for reconsideration in light of the basis for the appeal.
2. If the SGA determines that there is not a sufficient basis to warrant an appeal based on the criterion listed above, the requestor will be notified in writing via ERAU e-mail and the original decision will remain in effect and be considered the final decision.
3. Appeals are deferential to the original hearing decision, and are not intended as a rehearing.
4. All sanctions from the original decision will remain in place during the request for an appeals process unless otherwise determined by the Associate Dean of Students or their designee. 

Sanction 1-3 Appeals

Students/organizations appealing cases where a Sanction Level 1-3 was imposed will have their appeal adjudicated by a University administrator. A member of the Student Government Association will serve as facilitator for the administrative appeal. The Administrator may elect to convene the Student Appeals Board, operated by the Student Government Association for a recommendation. The Associate Dean of Students, or designee, will serve as the University administrator to hear the appeal.

Sanction 4-7 Appeals

Students/organizations appealing cases where a Sanction Level 4-7 is imposed have the option to adjudicate their appeal through a University administrator or the SAB (who makes a recommendation to a University administrator who is responsible for making the final decision.) The Associate Dean of Students, or designee, will serve as the University administrator to hear the appeal.

The decision of the Associate Dean of Students or designee on all conduct hearing appeals is the final decision of the University.

• The possession or consumption of alcohol by anyone under the age of 21; being under the influence of alcohol may be viewed as possession.
• Having knowledge of, or being in the presence when an alcohol violation occurs, may constitute equal responsibility and involvement in the incident.
• Purchasing for or providing alcohol to anyone under the age of 21.
• The possession of alcohol on University owned or operated property (excluding exempted locations such as residence hall rooms with approved alcohol permit or preapproved events) is prohibited.
• Showing physical or mental impairment following or resulting from alcohol use.
• The possession of or use of powdered/vapor alcohol or vaportini’s or similar devices on University owned or operated property is prohibited.
• The possession, use of items, or activities that encourage or facilitate mass consumption of alcohol (i.e. kegs, beer bong, drinking games).

• Any act of arson, falsely reporting a fire or other emergency, falsely setting off fire alarms, tampering with fire alarms or fire extinguishers, hoses or other emergency equipment, or removing equipment from its intended location, except when used for emergency purposes.
• Committing an act or attempting to commit an act that is a violation of the Criminal Code of the State of Arizona and/or federal or government jurisdiction.
• Security violations, including attempted violations, or misuse of computing facilities/ERAU infrastructure, software or hardware, including the unauthorized reproduction or use of copyrighted material, i.e., illegal file sharing and illegal downloading are prohibited. 
• Unauthorized entry to University operated or owned facilities or property is prohibited.
• Unauthorized possession, duplication, or use of keys or access cards to any University operated or owned facilities or property is strictly prohibited.
• Any student cited or charged for a misdemeanor or felony crime must notify the Dean of Students Office within 24 hours or first business day following the incident. Proof of final judgment, sentence or disposition related to the matter must be submitted within 24 hours of judgment or at the time of enrollment, whichever comes first.
• Any student who has a criminal case pending, or those which have already been adjudicated within the court system, as a sexual offender or sexual predator, must notify the Dean of Students Office of their status. Proof of final judgment, sentence or disposition related to the matter must be submitted within 24 hours of judgment or at the time of enrollment. 

• Obstruction or disruption of teaching, research, student conduct proceedings, administration, residence hall operations, or other University sponsored activities.
• Conduct that could be perceived as offensive, lewd, indecent, or obscene to a reasonable person.
• Participation of students or groups of students in activities which may cause injuries to persons.
• Participation of students or groups of students in activities which may interfere with orderly function, or normal flow of traffic.
• Pledging or associating with a student organization that is not recognized or supported by the University.
• Creating a nuisance or disturbance within a community on or off campus.  This includes, but is not limited to ‘social hosting’ guidelines found within your community.

• The sale, manufacture, distribution, possession and use of illegal drugs on or off campus is prohibited.  This includes but is not limited to: misuse of over-the-counter drugs; misuse or sharing of prescription drugs; possessing, using, being under the influence of, distributing, or manufacturing any form of illegal drug; possessing paraphernalia (i.e., rolling papers, pipes, bongs, etc.) for intended or implied use of any form of illegal drug. Possessing paraphernalia that contains or appears to contain illegal drug residue; purchasing or passing illegal drugs from one person to another and using mail services to purchase, pass, or distribute illegal drugs.  Illegal drugs include but are not limited to: recreational drugs, non-medical marijuana*, synthetic/novelty powders and any substance designed/used to alter a person’s state of mind (such as Spice, K-2, Salvia and Bath Salts), cocaine, methamphetamines, heroin, or materials to create an illegal drug.
• Drug paraphernalia or other paraphernalia used to facilitate illegal use of a legal substance, stimulants, hallucinogens, or other similar non-prescribed agents known to be harmful or habit forming drugs or chemicals (such as those used in huffing), and attempting to manufacture or sell counterfeit drugs.
• Medicinal Marijuana* is not permitted on campus or at University sponsored events.  This includes, but is not limited to, the possession of the substance in any form (edibles or other forms) as well as paraphernalia including pipes with or without residue, rolling papers, bongs, etc.
• • *Embry-Riddle does not permit the use or possession of medical marijuana or paraphernalia on campus (see Medical Marijuana Policy pg. 78)

• Violations of the terms of conduct sanctions.
• Failure to promptly pay, after receiving notice, all University bills, accounts and other University financial obligations.
• Failure or refusal to comply with any administrative directive, i.e. verbal or written request from a University official acting in an official capacity.
• To be present at or to have knowledge of any violation of the Standards of Conduct. 

• Adherence to FIPG policies- All chapters must adhere to all University and FIPG (Fraternity Information Programming Group) policies for events, gatherings, and meetings. FIPG defines hazing, alcohol and drugs, sexual abuse and harassment. For more information visit www.fipg.org.
  • A Chapter must not discriminate in membership selection, as well as other programs and activities, based on race, religion, color, disability, and/or sexual orientation. A Chapter must maintain single-sex membership, based upon the provisions of Section 86.14 of the regulations of Title IX of the U.S. Educational Act Amendments of 1972. Chapters must not violate University, state, county, or federal policy/law during Chapter/Business meetings or events.
• Academic Standards- A Chapter must contribute to the advancement of scholarship through the maintenance of a scholarship program for members. The fraternities and sororities will establish and maintain minimum grade point standards for officers and membership while maintaining a cumulative Chapter GPA of 2.6 or higher. Each semester, the chapter must attain at 2.6 or higher GPA. Should a Chapter not maintain a Chapter cumulative GPA of a 2.6 or higher or 2.6 or higher each semester, the Chapter will be placed under Academic Review. Academic Review includes three steps: Academic Support, Academic Probation, and Academic Suspension. Full details found in the Fraternity & Sorority Life Recognition Agreement.
• Fraternity & Sorority Recognition Agreement- Chapters must fulfill all requirements set forth in their Recognition Agreement. (See Appendix D, Agreement for Official Recognition or Fraternities and Sororities).

• Furnishing false information to the University or any University official with intent to deceive.
• Falsely reporting the presence or attempted use of an explosive or incendiary device with the intent to or effect of disrupting the operation of the University or a scheduled event that is sponsored by or contracted through the University.
• Forging, altering, falsifying, destroying, misusing, or unauthorized use of University documents, records, or identification, or using Embry-Riddle stationery, business cards, or logo, or identifying oneself in any other way as an agent of the University for personal, non-University business. An “Agent” is defined as a person who is authorized to act for or in place of another.
• Fraudulent business transactions, including forgery.
• Manufacturing, and or possessing false documents including but not limited to: identification cards, driver’s licenses and Embry-Riddle Identification cards.
• Unauthorized use of official University Wordmark, Eagle logo, Athletics Logo, monogram, seal, or any other identity symbol. 

• Violation of rules and regulations governing the use of moving vehicles (i.e., bikes, skateboards, motor vehicles) on University-owned or controlled property as defined on the Safety and Security Website under the parking and traffic regulations.
• Property damage or physical harm caused by the operator and/or registered owner of a moving vehicle. 

(Other misconduct offenses, when determined to be sex/gender-based will be handled in accordance with the Civil Rights Equity & Sex/Gender-Based Discrimination, Harassment, and Sexual Misconduct Resolution Process. Please see the Title IX Coordinator for more information).

This includes, but is not limited to, physical, verbal, visual, written, acts or electronic media.

• Verbal or physical abuse, including fighting, threats, harassment, coercion, and/or other conduct or action that threatens the health and safety of any person. Students who are thought to be a threat to themselves or other members of the University, or who are experiencing serious medical or psychological issues that cannot be sufficiently handled by Embry-Riddle personnel, are subject to Administrative Leave of Absence from the University.
• Discrimination - Discrimination is defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of a protected class as defined in the University Title IX Sexual Harassment & University Sexual Misconduct Policy. Please refer to the Title IX Sexual Harassment Policy and the University Sexual Misconduct Policy for more information.
• Hazing - Hazing is defined as acts likely to cause physical or psychological harm or social ostracism to any person within the university community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy); Such activities may include, but are not limited to:
• • Paddling
  • Forced indulgence of alcohol or food
  • Forced excessive exercise
  • Indecent stunts or dress
  • Deprivation of sleep, normal sleep patterns or adequate study time
  • Physical harassment such as pushing, shoving, tickling, yelling, etc.
  • Deprivation of normal amounts of food and water
  • Individual or group interrogations such as line-ups
  • Personal servitude
  • Assigning pranks
  • Forced or coerced trips i.e. “kidnaps”, displacement, and "pledge" dumps
  • Physical or psychological shocks
  • Quests
  • Wearing of public apparel which is conspicuous and not normally in good taste
  • Engaging in public stunts of buffoonery, morally degrading or humiliating games or activities
  • Other activities which are not consistent with academic achievement, University policy, or are in violation of local, State or Federal laws.
• Intimate Partner Violence - also sometimes known as dating violence, domestic violence, or relationship violence; In general, intimate partner violence includes physically, sexually, economically and/or psychologically abusive behavior that arises in the form of a direct violent act, or indirectly as acts that expressly or implicitly threatens violence. Intimate partner violence also occurs when one partner attempts to maintain power and control over the other through one or more forms of abuse, including sexual, physical, verbal, or emotional abuse.
• Stalking (including cyber/electronic stalking) – a course of conduct, directed at a specific person on the basis of actual or perceived membership in a protected class that is unwelcomed, AND would cause a reasonable person to feel fear.  Stalking is also repetitive and menacing, pursuit, following, harassing and/or interfering with the peace and/or safety of another.
• Bullying (including cyber bullying)/Intimidation - repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally that is not speech or conduct otherwise protected by the First Amendment.
• Retaliation – Retaliation is defined as attempts or acts to seek retribution including, but not limited to, any form of bullying, intimidation, reprisal, harassment, depriving participation in activities, or intent to prevent participation in University proceedings under this Policy. Retaliation may include continued abuse or violence, other harassment, and slander and libel. Retaliation against an individual for an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a serious violation of University policy.
• Instigation – Any intentional act or suggestion that encourages others to engage in or continue a behavior which threatens positive community within the University or residence hall.
• Audio/Video Recording – Any intentional recording (audio/video) of someone in a location where privacy is reasonably expected without that person’s consent.

• Student or a group of students who are aware of illegal activities, violations of the Standards of Conduct, other University policies, or state law and do nothing to prevent it, stop it or report it may be held responsible for the alleged violation. (Report a Concern)

• Vandalism or malicious destruction of private or public property.
• Damage or misuse of private or public property.
• Participation of students or groups of students in activities which cause damage to public or private property.

Unfavorable, unwelcomed treatment, or sexual contact without consent that is severe or pervasive by a man or a woman towards a man or a woman. Additional information pertaining to ERAU’s Sexual Assault, Sexual Harassment and Sexual Misconduct Policy can be found at click here. 

(Any violation of the Sex/Gender-based discrimination, harassment, and sexual misconduct will fall under Title IX and will be handled in accordance with the Civil Rights Equity & Sex/Gender-based Discrimination, Harassment, and Sexual Misconduct Resolution Process.  Please see the Title IX Coordinator for more information.)

• Non-Consensual Intercourse: Any sexual penetration or intercourse, however slight, with any object, by a person upon another person that is without consent and/or by force.
• Non-Consensual Sexual Contact: Any intentional sexual touching, however slight, with any object, by a person upon another person, this is without consent and/or by force*. This touching can include, but is not limited to, intentional contact with the breasts, buttock, groin, or genitals; touching another with any of these body parts; making another touch you or themselves with or on any of these body parts; or any other intentional bodily contact in a sexual manner.
  • * The use of force is not "worse" than the subjective experience of violation of someone who has sex without consent. However, the use of physical force constitutes a stand-alone non-sexual offense as well, as it is our expectation that those who use physical force (restrict, battery, etc.) would face not just the sexual misconduct charge, but charges under the code for the additional assaultive behavior. 
• Sexual exploitation: Sexual exploitation is an act or omission to act that involves taking non-consensual, unjust, humiliating, or abusive sexual advantage of another, either for his or her own advantage or to benefit or advantage anyone other than the Complainant. Examples of sexual exploitation include but are not limited to the following:
  • Creating a picture(s), movie(s), webcam, tape recording(s), graphic written narrative(s), or other means of memorializing sexual behavior or a state of undress of another person without the other’s knowledge and consent; Sharing items described in the paragraph above beyond the boundaries of consent where consent was given. For example, showing a picture to friends where consent to view it was given for oneself only;
  • Observing or facilitating observation by others of sexual behavior or a state of undress of another person without the knowledge and consent of that person;
  • “Peeping Tom” or voyeuristic behaviors;
  • Engaging in sexual behavior with knowledge of an illness or disease (HIV, STD, or STI) that could be transmitted by the behavior without full and appropriate disclosure to the partner(s) of all health and safety concerns;
  • Engaging in or attempting to engage others in “escort services” or “dating services” which include or encourage in any way sexual behavior in exchange for money or other benefit or reward;
  • Intentionally, knowingly, or surreptitiously providing drugs or alcohol to a person for the purpose of sexual exploitation; or
  • Exposing another person to pornographic material without the person’s advance knowledge or consent.
• Sexual harassment: Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other sex-based and/or gender-based physical, written, visual, or verbal conduct of a sexual nature where:
  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; or
  • Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or
  • Such conduct has the purpose or effect of:
    • Unreasonably interfering with an individual’s academic, social or professional performance; or
    • Creating an intimidating, hostile, or demeaning employment or educational environment.
• Consent: Consent is an explicitly communicated, reversible mutual agreement in which all parties are capable of making a decision. Consent is informed, voluntary, and actively given. Consent exists when all parties exchange mutually understandable affirmative words or behavior indicating their agreement to participate voluntarily in sexual activity.
  • Consent is active, not passive
  • Silence, in and of itself, cannot be interpreted as consent.
  • Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding willingness to engage in (and the conditions of) sexual activity.
  • Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
  • Previous relationships or prior consent cannot imply consent to future sexual acts.
  • Consent can be withdrawn once given, as long as that withdrawal is clearly communicated.
  • In order to give consent, one must be of legal age. 
• Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes free will or resistance or that produces consent (“Have sex with me or I’ll hit you.  Okay, don’t hit me, I’ll do what you want.”).
• Coercion: Coercion is unreasonable pressure for sexual activity.  Continued pressure beyond that point can be coercive.  When person “A” makes it clear they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure by person “B” is considered coercion.
  • NOTE: There is no requirement for a party to resist the sexual advance or request, but resistance is a clear demonstration of non-consent.  The presence of force is not demonstrated by the absence of resistance.  Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.
• Incapacitation:  An individual is incapacitated when s/he is not able to make rational, reasonable judgments and therefore is incapable of giving consent. Incapacitation is the inability, temporarily or permanently, to give consent, because the individual is mentally and/or physically impaired, from developmental disability, by alcohol or other drug consumption, either voluntarily or involuntarily, or the individual is unconscious, asleep, involuntarily physically restrained, or otherwise unaware that the sexual activity is occurring.

In addition, an individual is incapacitated if s/he demonstrates that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual activity. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements (such as walking without assistance), being unaware of circumstances or surroundings, or being unable to communicate for any reason.

An individual in a blackout state may or may not meet the definition of incapacitation. Such an individual may appear to act normally, but later may not have recall of the events in question. The extent to which a person in this state affirmatively gives words or actions indicating a willingness to engage in sexual activity and the other person is unaware – or reasonably could not have known – of the alcohol consumption or blackout, must be evaluated in determining whether consent could be considered as having been given.

• Recognition- Student organizations must meet all requirements to be a registered student organization as put forth on the Control Tower and in the Student Organization Handbook.
• Failure to Comply- Student organizations must comply with all verbal and written requests from University officials acting in an official capacity. This specifically includes the Department of Student Engagement and Campus Safety.
• Alcohol-Underage drinking is strictly prohibited.
  • Student Organizations must adhere to all University policies involving alcohol and alcohol events as well as any national organization standards linked to their professional affiliation (See Appendix A, University Guidelines for use of Alcoholic Beverages on Campus). 
  • Student organizations sponsoring events with alcohol off campus are responsible for abiding by state, University, and national organization alcohol policies and will be subject to the University conduct process.
• Non-Hazing Compliance- Embry-Riddle Aeronautical University prohibits any form of hazing. Hazing is defined as any action taken or situation created intentionally by an individual, club, or organization, whether on or off campus, to produce mental or physical discomfort, embarrassment, harassment or ridicule; and the act was committed in connection with an initiation into, an affiliation with or the maintenance of membership in an organization.
  • The willingness of an individual to participate in any such activity or the degree of affiliation within an organization notwithstanding, any and all such activities or similar in deed or purpose may be considered an act of hazing. Any suspicions of the above-mentioned activities or any other activities, which may be construed as hazing, should be reported to the Dean of Students Office or the Department of Student Engagement immediately.
• Weapons- Student organizations must seek approval in advance from the Department of Campus Safety to host an event on or off campus involving the use or display of paintball guns, soft pellet air soft guns and/or archery equipment.
• Activity Release and Travel Forms- Any organization that engages in activities that exposes a participant of that activity to a risk of physical harm and/or loss of or damage to your personal property must complete appropriate release forms. All forms are available on the Department of Student Engagement Control Tower page. (See Appendix B, Activity Waivers).
  • There are three types of Activity Release forms:
    • An Activity Release form for use by designated groups as part of an ongoing activity or meeting.
    • An Activity Release form for individuals or non-organization members participating in a specific activity that involves a risk of physical harm and/or loss of or damage to your personal property.
    • A Field Trip Information and Liability form for groups traveling outside of Prescott. This form must be on file with Department of Student Engagement prior to departure.
• Fundraising Policies- If you are intending on raising funds, asking for donations or doing a raffle, you must comply with all fundraising & raffle rules, laws, and policies:
  • Use a sound system of checks and balance so that all funds are secure. Cash boxes are available for check out at the Student Union Desk.
  • When asking for donations (monetary or in-kind), clearly list your organization name and how the donations will be used.
  • Any student organization conducting a Fundraiser involving the sale of food must read and comply with the Food Handling policy below.
  • All brochures, advertisements, or notices used in connection with a drawing by chance must disclose:
    • Any special rules associated with the drawing.
    • The date, hour, and place where the winner will be chosen.
    • That no purchase or contribution is necessary.
  • It is unlawful for any organization to promote, operate, design, engage in, or conduct any drawing in which the winner is predetermined by means of matching, instant win, or preselected sweepstakes or otherwise or in which the selection of the winner is in any way rigged.
  • Organization must promptly notify, at the address set forth on the entry blank, any person, whose entry is selected to win, of the fact that he or she won. It is unlawful for my organization to:
    • Sell raffle tickets without holding a raffle.
    • Decline to notify the winner of a raffle.
    • Withhold the winnings of the raffle if proper identification and information is presented by the winner.
    • Deny any individual the right to buy a raffle ticket based on race, color, creed, associations with other organizations, or by any other means (unless it is an internal raffle that is not advertised publicly).
• Food Handling Policies- All person(s) preparing food are expected to follow reasonable food safety practices when preparing food for their events. For questions about food safety, please contact. (See Appendix C, Safe Food Handling). The following food handling rules apply:
  • If any of the following food items (Milk, Eggs, Peanuts, Tree Nuts, Fish/Seafood, Shellfish, Soy, and Gluten) will be served or any of the food is prepared or packaged in a location that also used any of those items, allergy warning signs must be displayed as required by Federal law.
  • All persons handling food should completely wash their hands (rub using soap and water for at least 20 seconds before rinsing thoroughly) before handling any food. Always wash hands after using the restroom, especially during food preparation.
  • Make sure all equipment is clean and sanitary before using it.
  • Use thermometers to ensure adequate and proper cooking temperatures.
  • Do not sell or bake-sale food (perishable) more than 24 hours after it has been prepared.
• University Word mark & Logo Restrictions- Student Organizations may not use the official University wordmark, Eagle Logo, Athletics Logo, monogram, seal and/or other graphic identity symbol without permission from the responsible University office(s) noted herein.
  • Any use of a University wordmark or logo by an individual student organization must be approved by the University Communications Office and the Office of General Counsel.
• Use of Copyrighted and Licensed Material- It is the policy of Embry-Riddle Aeronautical University that movies/films, videos, TV shows etc. may not be shown in public settings without first obtaining the necessary license to do so. The Federal Copyright Act prohibits the showing of copyrighted material in public settings unless a public performance license has been obtained.
  • Movies/films, videos TV shows etc. that have been rented, borrowed, or purchased cannot be shown outside of the home/residence hall room without the appropriate license. This legal requirement applies regardless of whether an admission fee is charged, whether the institution or organization is profit or non-profit, or whether a state or federal agency is involved. Willful infringement is punishable by law.
  • The only exception to the above is the showing of movies/films, videos, TV shows etc. in narrowly defined, face-to-face teaching activities. The criteria for this is that it takes place in the classroom, the material is viewed by teacher and registered students only, the tape is listed on the syllabus as it must be directly related to the course.
  • The U.S. Copyright Act extends to architectural designs, software, graphic arts, motion pictures, and sound recordings.
    • Permission to show a movie can be purchased. If your organization is interested in showing a movie or using copyrighted material, please contact the Department of Student Engagement for instruction.

• Theft, wrongful appropriation (theft with intent to temporarily deprive the owner of possessions), unauthorized possession, or sale of stolen property.
• Any form of identity theft or unauthorized acquisition or use of another’s personal information, identification, or access credentials.

• The use of any tobacco or tobacco-like products, whether in the form of cigarettes, cigars, pipes, dipping/snuff, smokeless cigarettes (e-cigarettes/vape pens) or chewing tobacco is prohibited anywhere on/in University owned, operated, or leased property or vehicles, which includes but is not limited to the parking lots, buildings, residence halls, aircraft and personal vehicles, while on campus except in one of the designated locations on campus.

• Alcohol – only individuals who are 21 years of age or older are permitted to possess and/or consume alcoholic beverages and must follow these guidelines
  • Alcohol is only permitted in the residence halls designated where upper division and transfer students reside. All students who wish to consume/possess alcoholic beverages must obtain an alcohol permit from the Department of Housing and Residence Life (HRL) and post in plain view within their assigned living area.
  • Alcohol is not permitted in the common areas and/or around the residence halls.
  • Alcohol may not be consumed in the presence of any individual under the age of 21 who does not live in the suite/apartment.
  • Beer, wine, wine coolers, and malt beverages are the only types of alcohol permitted in the halls. The maximum amount of alcohol allowed by a permit-holding student at any given time is 12 (12oz) bottles of beer/wine cooler/malt beverages and/or two bottles of wine. Hard liquor and alcohol/energy combination drinks of any kind ae prohibited.
• Prohibited Items in Residence Halls
  • Halogen lamps/ultraviolet or sun lamps
  • Candles (with wicks)
  • Flammable liquids, flammable vapors, and other dangerous substances. Reasonable provisions will be made for aerosol hairsprays, deodorants, and such; however, these are potentially hazardous and should not be stored in the halls in large quantities.
  • Loft kits not provided by the University
  • Empty alcohol containers in rooms without alcohol permits
  • Portable heaters not provided by the University
  • Refrigerators over 4.0 ft3 not provided by the University
  • Air-conditioners not provided by the University
  • Dart boards
  • Satellite dishes
  • Motorcycles, mopeds or other similar vehicles and/or parts
  • Waterbeds, Jacuzzis, hot tubs or pools
  • Pornography in public/common areas
  • Pets EXCEPT fish
  • Weapons as defined under the Weapons and Other Dangerous Materials section found within the Standards of Conduct. Exceptions may be granted for storage of paintball guns, soft pellet air guns and archery equipment via a storage permit from the Department of Safety and Security. Weapons stored must be:
  • • Contained in a locked and secure case
    • Transport to and from their assigned residence hall room
    • Stored within their assigned space
    • Stored in their vehicle: paintball guns, soft pellet air guns (air soft) and archery equipment if they meet specified requirements.
  • Unsafe extension cords. Extension cords must be UL approved, three pronged, and not contain any cuts, tears, or splices. Extension cords and power strips must be plugged directly into a wall outlet, they cannot be plugged into one another (“daisy chaining”).
• Prohibited Behaviors in and around the Residence Halls
  • Playing amplified instruments
  • Chaining bikes or other personal items to anything other than bike racks
  • Storing personal items in common areas, including hallways and lounges. Any items in common areas may be considered abandoned
  • Adjusting University provided beds. All requests for bed adjustments need to be made in the first two weeks of the semester
  • Removing University provided furniture from the assigned space
  • Repairing or attempting to repair damages to University property. All repairs must be completed through HRL
  • Moving rooms without HRL authorization
  • Splicing/splitting or altering any cable or data port
  • Use of personal routers, wireless access points, switches, hubs, and 2.4 GHz phones
  • Climbing/scaling/rappelling off buildings, trees, lamp posts or rooftops
  • Using University resources such as the internet for commercial enterprises
  • Excessive noise during quiet/courtesy hours
  • Propping/forced entry of entrance doors
  • Using gas, propane, or charcoal grills inside
  • Reentering prior to approval or not evacuating the building during a fire alarm
  • Engaging in behavior that may cause damage to facilities or harm to persons
  • Failure to maintain a healthy living space (i.e., failing a Health & Safety Inspection)
  • Painting on windows to include auto paint and spray snow
  • Removing window screens for non-emergency situations
  • Not complying with a University Official (including RAs or other student employees)
  • Using materials that cause airborne contaminants or vapors (i.e. spray paint, certain glues, welding, soldering) inside of the residence halls. If you use these materials plan to do so outside, in a fume hood, or use other ventilation equipment and keep the project out of the halls until the fumes are no longer present.
  • Guests are permitted in the residence halls. Residents are responsible for the actions and behaviors of their guests at all times and must escort while they are on-campus. Guests under the age of 18 must be approved by HRL at least seventy-two hours prior to their visit. Overnight guests are allowed for two nights in a calendar month with the permission of roommate(s).

• Possession of weapons and/or ammunition, while on University-owned or controlled property or at an ERAU sponsored event, including, but not limited to firearms, BB guns, lead pellet air guns, slingshots, knives (knives with blades less than three inches in length [pocket knives] or multi-tools are the exception), cross-bows, or other objects classified or used as dangerous weapons with the potential for danger or harm are prohibited. Exceptions may be permitted for storage in residence halls. Exceptions must be approved in writing by Safety and Security and Housing and Residence Life Departments. Any prohibited dangerous weapons or simulated weapons brought onto University property or ERAU sponsored event are subject to confiscation and will be held until removed from campus. Individuals or student organizations may seek approval in advance from the Department of Campus Safety and Security to host an event on or off campus involving the use or display of actual weapons, simulated weapons, and/or archery equipment.
• Possession or use of a perceived or actual explosive or incendiary device/materials including but not limited to fireworks, chemical or combination of chemicals, compounds, and/or materials, manufactured for the purpose of rupturing or bursting (i.e. dry ice or “toilet cleaning chemical” bomb). Having knowledge of the above or being in the presence of a chemical violation may constitute equal responsibility and involvement under the Standards of Conduct.
• Possession or use of a perceived or actual explosive or incendiary device/materials including but not limited to fireworks, chemical or combination of chemicals, compounds, and/or materials, manufactured for the purpose of rupturing or bursting (i.e. dry ice or “toilet cleaning chemical” bomb).  
• Possession of hazardous materials in undesignated areas is strictly prohibited. These items include, but are not limited to, flammable substances, flammable solvents, paint thinner, vehicle fluids (gas, jet fuel, and oil), and more than a reasonable amount of spray paint. 
• Other pyrotechnic equipment including, but not limited to, fog, smoke, or fire machines may not be used in or around campus buildings.
• Having knowledge of the above Weapons and Other Dangerous Materials Policy or being in the presence of a chemical violation may constitute equal responsibility and involvement under the Standards of Conduct.

Customized educational sanctions based on the individual and the circumstances involved. These may include but are not limited to:

• Work assignments
• Service to the University
• Educational projects
• Community volunteer service
• Research reports
• Counseling evaluation
• Mediation
• Modules (fees apply) 

Unfavorable, unwelcomed treatment, or sexual contact without consent that is severe or pervasive by a man or a woman towards a man or a woman. Additional information pertaining to ERAU’s Sexual Assault, Sexual Harassment and Sexual Misconduct Policy can be found at click here. 

(Any violation of the Sex/Gender-based discrimination, harassment, and sexual misconduct will fall under Title IX and will be handled in accordance with the Civil Rights Equity & Sex/Gender-based Discrimination, Harassment, and Sexual Misconduct Resolution Process.  Please see the Title IX Coordinator for more information.)

• Non-Consensual Intercourse: Any sexual penetration or intercourse, however slight, with any object, by a person upon another person that is without consent and/or by force.
• Non-Consensual Sexual Contact: Any intentional sexual touching, however slight, with any object, by a person upon another person, this is without consent and/or by force*. This touching can include, but is not limited to, intentional contact with the breasts, buttock, groin, or genitals; touching another with any of these body parts; making another touch you or themselves with or on any of these body parts; or any other intentional bodily contact in a sexual manner.
  • * The use of force is not "worse" than the subjective experience of violation of someone who has sex without consent. However, the use of physical force constitutes a stand-alone non-sexual offense as well, as it is our expectation that those who use physical force (restrict, battery, etc.) would face not just the sexual misconduct charge, but charges under the code for the additional assaultive behavior. 
• Sexual exploitation: Sexual exploitation is an act or omission to act that involves taking non-consensual, unjust, humiliating, or abusive sexual advantage of another, either for his or her own advantage or to benefit or advantage anyone other than the Complainant. Examples of sexual exploitation include but are not limited to the following:
  • Creating a picture(s), movie(s), webcam, tape recording(s), graphic written narrative(s), or other means of memorializing sexual behavior or a state of undress of another person without the other’s knowledge and consent; Sharing items described in the paragraph above beyond the boundaries of consent where consent was given. For example, showing a picture to friends where consent to view it was given for oneself only;
  • Observing or facilitating observation by others of sexual behavior or a state of undress of another person without the knowledge and consent of that person;
  • “Peeping Tom” or voyeuristic behaviors;
  • Engaging in sexual behavior with knowledge of an illness or disease (HIV, STD, or STI) that could be transmitted by the behavior without full and appropriate disclosure to the partner(s) of all health and safety concerns;
  • Engaging in or attempting to engage others in “escort services” or “dating services” which include or encourage in any way sexual behavior in exchange for money or other benefit or reward;
  • Intentionally, knowingly, or surreptitiously providing drugs or alcohol to a person for the purpose of sexual exploitation; or
  • Exposing another person to pornographic material without the person’s advance knowledge or consent.
• Sexual harassment: Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other sex-based and/or gender-based physical, written, visual, or verbal conduct of a sexual nature where:
  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; or
  • Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or
  • Such conduct has the purpose or effect of:
    • Unreasonably interfering with an individual’s academic, social or professional performance; or
    • Creating an intimidating, hostile, or demeaning employment or educational environment.
• Consent: Consent is an explicitly communicated, reversible mutual agreement in which all parties are capable of making a decision. Consent is informed, voluntary, and actively given. Consent exists when all parties exchange mutually understandable affirmative words or behavior indicating their agreement to participate voluntarily in sexual activity.
  • Consent is active, not passive
  • Silence, in and of itself, cannot be interpreted as consent.
  • Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding willingness to engage in (and the conditions of) sexual activity.
  • Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
  • Previous relationships or prior consent cannot imply consent to future sexual acts.
  • Consent can be withdrawn once given, as long as that withdrawal is clearly communicated.
  • In order to give consent, one must be of legal age. 
• Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes free will or resistance or that produces consent (“Have sex with me or I’ll hit you.  Okay, don’t hit me, I’ll do what you want.”).
• Coercion: Coercion is unreasonable pressure for sexual activity.  Continued pressure beyond that point can be coercive.  When person “A” makes it clear they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure by person “B” is considered coercion.
  • NOTE: There is no requirement for a party to resist the sexual advance or request, but resistance is a clear demonstration of non-consent.  The presence of force is not demonstrated by the absence of resistance.  Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.
• Incapacitation:  An individual is incapacitated when s/he is not able to make rational, reasonable judgments and therefore is incapable of giving consent. Incapacitation is the inability, temporarily or permanently, to give consent, because the individual is mentally and/or physically impaired, from developmental disability, by alcohol or other drug consumption, either voluntarily or involuntarily, or the individual is unconscious, asleep, involuntarily physically restrained, or otherwise unaware that the sexual activity is occurring.

In addition, an individual is incapacitated if s/he demonstrates that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual activity. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements (such as walking without assistance), being unaware of circumstances or surroundings, or being unable to communicate for any reason.

An individual in a blackout state may or may not meet the definition of incapacitation. Such an individual may appear to act normally, but later may not have recall of the events in question. The extent to which a person in this state affirmatively gives words or actions indicating a willingness to engage in sexual activity and the other person is unaware – or reasonably could not have known – of the alcohol consumption or blackout, must be evaluated in determining whether consent could be considered as having been given.

(Other misconduct offenses, when determined to be sex/gender-based will be handled in accordance with the Civil Rights Equity & Sex/Gender-Based Discrimination, Harassment, and Sexual Misconduct Resolution Process. Please see the Title IX Coordinator for more information).

This includes, but is not limited to, physical, verbal, visual, written, acts or electronic media.

• Verbal or physical abuse, including fighting, threats, harassment, coercion, and/or other conduct or action that threatens the health and safety of any person. Students who are thought to be a threat to themselves or other members of the University, or who are experiencing serious medical or psychological issues that cannot be sufficiently handled by Embry-Riddle personnel, are subject to Administrative Leave of Absence from the University.
• Discrimination - Discrimination is defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of a protected class as defined in the University Civil Rights Equity & Sex/Gender-based Harassment, Discrimination, and Sexual Misconduct policy.
• Hazing - Hazing is defined as acts likely to cause physical or psychological harm or social ostracism to any person within the university community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy); Such activities may include, but are not limited to:
• • Paddling
  • Forced indulgence of alcohol or food
  • Forced excessive exercise
  • Indecent stunts or dress
  • Deprivation of sleep, normal sleep patterns or adequate study time
  • Physical harassment such as pushing, shoving, tickling, yelling, etc.
  • Deprivation of normal amounts of food and water
  • Individual or group interrogations such as line-ups
  • Personal servitude
  • Assigning pranks
  • Forced or coerced trips i.e. “kidnaps”, displacement, and "pledge" dumps
  • Physical or psychological shocks
  • Quests
  • Wearing of public apparel which is conspicuous and not normally in good taste
  • Engaging in public stunts of buffoonery, morally degrading or humiliating games or activities
  • Other activities which are not consistent with academic achievement, University policy, or are in violation of local, State or Federal laws.
• Intimate Partner Violence - also sometimes known as dating violence, domestic violence, or relationship violence; In general, intimate partner violence includes physically, sexually, economically and/or psychologically abusive behavior that arises in the form of a direct violent act, or indirectly as acts that expressly or implicitly threatens violence. Intimate partner violence also occurs when one partner attempts to maintain power and control over the other through one or more forms of abuse, including sexual, physical, verbal, or emotional abuse.
• Stalking (including cyber/electronic stalking) – a course of conduct, directed at a specific person on the basis of actual or perceived membership in a protected class that is unwelcomed, AND would cause a reasonable person to feel fear.  Stalking is also repetitive and menacing, pursuit, following, harassing and/or interfering with the peace and/or safety of another.
• Bullying (including cyber bullying)/Intimidation - repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally that is not speech or conduct otherwise protected by the First Amendment.
• Retaliation – Retaliation is defined as attempts or acts to seek retribution including, but not limited to, any form of bullying, intimidation, reprisal, harassment, depriving participation in activities, or intent to prevent participation in University proceedings under this Policy. Retaliation may include continued abuse or violence, other harassment, and slander and libel. Retaliation against an individual for an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a serious violation of University policy.
• Instigation – Any intentional act or suggestion that encourages others to engage in or continue a behavior which threatens positive community within the University or residence hall.
• Audio/Video Recording – Any intentional recording (audio/video) of someone in a location where privacy is reasonably expected without that person’s consent.

• The sale, manufacture, distribution, possession and use of illegal drugs on or off campus is prohibited.  This includes but is not limited to: misuse of over-the-counter drugs; misuse or sharing of prescription drugs; possessing, using, being under the influence of, distributing, or manufacturing any form of illegal drug; possessing paraphernalia (i.e., rolling papers, pipes, bongs, etc.) for intended or implied use of any form of illegal drug. Possessing paraphernalia that contains or appears to contain illegal drug residue; purchasing or passing illegal drugs from one person to another and using mail services to purchase, pass, or distribute illegal drugs.  Illegal drugs include but are not limited to: recreational drugs, non-medical marijuana*, synthetic/novelty powders and any substance designed/used to alter a person’s state of mind (such as Spice, K-2, Salvia and Bath Salts), cocaine, methamphetamines, heroin, or materials to create an illegal drug.
• Drug paraphernalia or other paraphernalia used to facilitate illegal use of a legal substance, stimulants, hallucinogens, or other similar non-prescribed agents known to be harmful or habit forming drugs or chemicals (such as those used in huffing), and attempting to manufacture or sell counterfeit drugs.
• Medicinal Marijuana* is not permitted on campus or at University sponsored events.  This includes, but is not limited to, the possession of the substance in any form (edibles or other forms) as well as paraphernalia including pipes with or without residue, rolling papers, bongs, etc.
• • *Embry-Riddle does not permit the use or possession of medical marijuana or paraphernalia on campus (see Medical Marijuana Policy pg. 78)

• The possession or consumption of alcohol by anyone under the age of 21; being under the influence of alcohol may be viewed as possession.
• Having knowledge of, or being in the presence when an alcohol violation occurs, may constitute equal responsibility and involvement in the incident.
• Purchasing for or providing alcohol to anyone under the age of 21.
• The possession of alcohol on University owned or operated property (excluding exempted locations such as residence hall rooms with approved alcohol permit or preapproved events) is prohibited.
• Showing physical or mental impairment following or resulting from alcohol use.
• The possession of or use of powdered/vapor alcohol or vaportini’s or similar devices on University owned or operated property is prohibited.
• The possession, use of items, or activities that encourage or facilitate mass consumption of alcohol (i.e. kegs, beer bong, drinking games).

• The use of any tobacco or tobacco-like products, whether in the form of cigarettes, cigars, pipes, dipping/snuff, smokeless cigarettes (e-cigarettes/vape pens) or chewing tobacco is prohibited anywhere on/in University owned, operated, or leased property or vehicles, which includes but is not limited to the parking lots, buildings, residence halls, aircraft and personal vehicles, while on campus except in one of the designated locations on campus.

• Possession of weapons and/or ammunition, while on University-owned or controlled property or at an ERAU sponsored event, including, but not limited to firearms, BB guns, lead pellet air guns, slingshots, knives (knives with blades less than three inches in length [pocket knives] or multi-tools are the exception), cross-bows, or other objects classified or used as dangerous weapons with the potential for danger or harm are prohibited. Exceptions may be permitted for storage in residence halls. Exceptions must be approved in writing by Safety and Security and Housing and Residence Life Departments. Any prohibited dangerous weapons or simulated weapons brought onto University property or ERAU sponsored event are subject to confiscation and will be held until removed from campus. Individuals or student organizations may seek approval in advance from the Department of Campus Safety and Security to host an event on or off campus involving the use or display of actual weapons, simulated weapons, and/or archery equipment.
• Possession or use of a perceived or actual explosive or incendiary device/materials including but not limited to fireworks, chemical or combination of chemicals, compounds, and/or materials, manufactured for the purpose of rupturing or bursting (i.e. dry ice or “toilet cleaning chemical” bomb). Having knowledge of the above or being in the presence of a chemical violation may constitute equal responsibility and involvement under the Standards of Conduct.
• Possession or use of a perceived or actual explosive or incendiary device/materials including but not limited to fireworks, chemical or combination of chemicals, compounds, and/or materials, manufactured for the purpose of rupturing or bursting (i.e. dry ice or “toilet cleaning chemical” bomb).  
• Possession of hazardous materials in undesignated areas is strictly prohibited. These items include, but are not limited to, flammable substances, flammable solvents, paint thinner, vehicle fluids (gas, jet fuel, and oil), and more than a reasonable amount of spray paint. 
• Other pyrotechnic equipment including, but not limited to, fog, smoke, or fire machines may not be used in or around campus buildings.
• Having knowledge of the above Weapons and Other Dangerous Materials Policy or being in the presence of a chemical violation may constitute equal responsibility and involvement under the Standards of Conduct.

• Student or a group of students who are aware of illegal activities, violations of the Standards of Conduct, other University policies, or state law and do nothing to prevent it, stop it or report it may be held responsible for the alleged violation. (Report a Concern)