681—9.1(262) Uniform rules of personal conduct.

1. 9.1(1)  Definitions. For purposes of these rules, the following words shall have the meaning set forth unless the context requires otherwise.

   “Admission” means admission, readmission, reentry, registration, and reregistration as a student to any educational program of the university.

   “Board” means the board of regents, state of Iowa.

   “Campus” means all property owned or used by the university.

   “Dismissal of a member of the faculty or staff” means termination of status as an employee without right of reemployment.

   “Expulsion of a student” means termination of status as a student without right of readmission.

   “Member of the faculty or staff” means all employees of the university.

   “Person” means any student, member of the faculty or staff, or visitor.

   “President” means the president (or acting president) of the university or any person or persons designated to act on the president’s behalf for purposes of these rules.

   “Student” means a person who is currently registered as a student at the university in an undergraduate, graduate or professional program on the campus, and includes students who have been suspended for a fixed period of time, during that fixed period; admitted students prior to enrollment; and persons continuing to work on a program of studies with the intent of returning to the university, even though not formally enrolled.

   “Suspension of a member of the faculty or staff” means that during a specified period of time, the member of the faculty or staff is not eligible to continue as an employee of the university or to resume employment status or to be granted admission as a student. Subject to other rules and regulations of each institution concerning continued employment by the institution, a member of the faculty or staff who has been suspended for a specified period shall be reinstated by the university at the expiration of the suspension period provided that during the suspension period the member of the faculty or staff has not committed other acts of misconduct specified in 9.1(2) or in the policies of the university. A member of the faculty or staff under such suspension whose reemployment is denied on the basis of alleged acts of misconduct committed during a suspension period shall have a right to a hearing on that issue as provided in 9.1(3).

   “Suspension of a student” means that during a specified period of time, the student shall be denied admission to the university. Subject to the rules and regulations of each institution concerning enrollment at the institution, a suspended student shall be reinstated to the university at the expiration of the suspension period provided that during the suspension period the student has not committed acts of misconduct specified in 9.1(2). A suspended student whose reinstatement is denied on the basis of alleged acts of misconduct committed during this suspension period shall have a right to a hearing on that issue, as provided in 9.1(3).

   “University” means an institution of higher learning under the jurisdiction of the board. When used in the plural, the word means all institutions of higher learning under the jurisdiction of the board.

   “Visitor” means any person on the campus who is not a student or a member of the faculty or staff.

2. 9.1(2)  Rules of personal conduct. The acts of misconduct defined in this subrule apply at the universities governed by the board. The universities are authorized to adopt other definitions of misconduct in addition to those in this rule. Any person, student, member of the faculty or staff, or visitor, who intentionally commits, attempts to commit, or incites or aids others in committing any of the following acts shall be subject to disciplinary action:

   1. a. Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other university or university-authorized function or event.
   2. b. Unauthorized occupation or use of or unauthorized entry into any university facility. However, any entry into, use of, or occupation of any university facility by a student or member of the faculty or staff, which does not violate any of the other rules of personal conduct set forth herein, shall be deemed unauthorized only if specifically prohibited, if that facility is closed at that time to general use or if the person fails to comply with proper notice to leave.
   3. c. Physical abuse or the threat of physical abuse against any person on the campus or at or during any university-authorized function or event, or other conduct which threatens or endangers the health or safety of others.
   4. d. Theft of or damage to property of the university or of a person on the campus or at or during any university-authorized function or event.
   5. e. Interference with the right of access to university facilities or with any other lawful right of any person on the campus.
   6. f. Setting a fire on the campus or at or during any university-authorized function or event without proper authority.
   7. g. Use or possession on the campus or at or during any university-authorized function or event of firearms, ammunition, or other dangerous weapons, substances, or materials (except as expressly authorized by the university), or of bombs, explosives, or explosive or incendiary devices prohibited by law.

   8. h. Participation in a riot or unlawful assembly, or failure to disperse, as defined by state law, whether such acts occur on or off the campus, if such act or failure to act occurs:

      1. (1) In the contiguous metropolitan area in which any university governed by the board is located; or
      2. (2) During a function or event authorized or sponsored by the university or an organization recognized by or affiliated with the university.
   9. i. Conduct off campus which leads directly to a violation of any of paragraphs “a” to “h” of this subrule.

3. 9.1(3)  Sanctions.

   1. a. Any student or member of the faculty or staff who is found after appropriate hearing to have violated any of the rules of personal conduct set forth in 9.1(2) may be sanctioned up to and including suspension, expulsion, or dismissal.

      NOTE: “Appropriate hearing” as used throughout these rules means pursuant to existing hearing procedures in effect at the university for students and members of the faculty and staff.

      A faculty or staff member who is suspended as a sanction under rule shall receive no salary during the period of suspension; provided, however, that payment shall be made for work done prior to the date of the suspension order.

   2. b. A person who applies for reinstatement to or reemployment by the university after a term of suspension or dismissal may be denied such reinstatement or reemployment if it is found that such person has committed any acts of misconduct specified in 9.1(2) or in the policies of the university. A person denied reinstatement or reemployment under this subrule shall have a right to an appropriate hearing or to follow the grievance process of the university.
   3. c. Any sanction imposed under 9.1(3)“a” and “b” shall have operative effect at all universities, and a person not eligible for admission to or employment by one university shall be barred similarly at the other universities.

4. 9.1(4)  Emergency power.

   1. a. The president is authorized to declare a state of emergency to exist at the institution upon a determination that violent actions or disruptive activities at the university are of such a nature as:

      1. (1) To present a clear and present danger to the orderly processes of the university or to persons or property on the campus, and

      2. (2) To require extraordinary measures to:

         1. 1. Safeguard persons or property at such institution, or
         2. 2. Maintain educational or other legitimate institutional functions.
   2. b. The state of emergency shall cease to exist automatically 48 hours after it is declared unless the president, after reviewing the situation, determines that it should be extended, such determination to be made under the standards established in 9.1(4)“a”(1) and 9.1(4)“a”(2). Each extension shall be for a maximum period of 48 hours with a new determination being made for each extension. The president may declare the state of emergency to be over before the 48-hour period has run.
   3. c. As soon as feasible after declaring a state of emergency, the president shall notify the board of actions taken.
   4. d. Upon a finding by the president as set forth in 9.1(4)“a,” the president is authorized to take such action as may be necessary to eliminate or alleviate a clear and present danger to the orderly processes of the university and to safeguard persons or property at the university or to maintain educational or other legitimate university functions including barring a particular person or persons from the campus.

5. 9.1(5)  Sanctions under emergency power.

   1. a. Any person who, after appropriate hearing, is found to have violated knowingly a presidential order issued as contemplated in 9.1(4) may be disciplined, up to and including expulsion or dismissal from the university.
   2. b. Any person who, after appropriate hearing, is found to have violated during a state of emergency, knowing that a state of emergency has been declared, any of the regents’ rules of personal conduct set forth in 9.1(2) of this policy may be disciplined, up to and including expulsion or dismissal from the university.
   3. c. Any sanction imposed under this subrule shall have operative effect at all universities, and a person not eligible for admission to or employment by one university shall be barred similarly at the other universities.
6. 9.1(6)  Constitutional rights. The foregoing rules shall be construed so as not to abridge any person’s constitutional right of free expression of thought or opinion, including the traditional American right to assemble peaceably and to petition authorities.