Grounds For Disciplinary Sanctions And Penalties (Code Of Conduct)

ACADEMIC DISHONESTY
Academic dishonesty is defined as misconduct, dishonesty, misrepresentation, or immoral behavior that will harm, damage or endanger any person or property or hinder academic continuance. Cheating and plagiarism will not be tolerated in any form. Examinations and assignments are employed to encourage learning and judge its quality. To evaluate this with justice and fairness, it is necessary that they be executed with complete honesty. Persons, who are guilty of cheating or plagiarism, as defined below, will be subject to probation, suspension, or expulsion.
1. CHEATING. Dishonesty of any kind with respect to examination, course assignments, alterations of records, or illegal possession of examinations shall be considered cheating. It is the responsibility of the student not only to abstain from cheating, but in addition, to avoid the appearance of cheating and to guard against making it possible for others to cheat. Any student who helps another student to cheat will be considered as guilty of cheating as the student he/she assists. The student should do everything possible to induce respect for the examining process and for honesty in the performance of assigned tasks in or out of class.
2. PLAGIARISM. Honesty requires that any ideas or materials taken from another for either written or oral use must be fully acknowledged. Offering the work of someone else as one’s own is plagiarism. The language or ideas thus taken from another may range from isolated formulas, sentences, or paragraphs, to entire articles copied from books, periodicals, speeches, or the writings of other students. The offering of materials assembled or collected by others in the form of projects or collections without acknowledgement also is considered plagiarism. Any student who fails to give credit for ideas or materials that he takes from another is guilty of plagiarism.
  
  PENALTY: Academic Sanctions; Probation; Suspension; Expulsion
AIDING, ABETTING OR INCITING
Aiding, abetting, persuading, and/or procuring another person or persons to commit any act of misconduct in the CIM community or environment; the persuading or aiding of another person to breach the peace on Institute premises or at functions sponsored, approved by, or participated in by any member of the Institute. A gathering of groups of students on or off of the premises in such a manner which causes damage to public or private property, causes injury to persons, or interferes with the orderly functioning of the Institute.

PENALTY: Fine $50-$225 + Probation; Campus Service; Suspension
ALCOHOL (ALCOHOLIC BEVERAGES) OR INTOXICATION
The possession, use, consumption, purchase, sale, and/or distribution of alcoholic beverages or illicit drugs on CIM property, in any vehicle, or at any of the Institute’s activities (on or off campus) are prohibited. This regulation also applies to social functions, on or off campus, which CIM has approved.

PENALTY: Fine $50-$225 + Probation; Campus Service; Suspension
ARSON
The malicious, fraudulent, and/or intentional burning of property on CIM premises is prohibited. Acts of arson include, but are not limited to, creating fires, setting a personal fire, open flames, and/or igniting flammable materials. The willful starting of a fire in CIM buildings or on CIM property, which includes but is not limited to bonfires and cookouts, without the proper authorization of the campus safety and the Assistant Vice President of Student Affairs is prohibited. Compliance with local and state fire codes must be verified and followed.

PENALTY: Suspension; Indefinite Suspension; Expulsion
ASSAULT
Assault is the intentional harassment, threat or intimidation of another in an attempt to commit a battery or the intentional placing of another in reasonable apprehension of receiving a battery.

PENALTY: Fine $50-$225 + Probation + Restitution (if required); Counseling; Campus Service; Suspension
BATTERY/AGGRAVATED BATTERY The unlawful application of force to the person of another is strictly prohibited; an unlawful act of violent injury to the person of another, accompanied by circumstances of aggravation, such as the use of a deadly weapon.

PENALTY: Fine $50-$225 + Probation + Campus Service + Counseling + Restitution (if required); Suspension; Indefinite Suspension
COMPUTER ABUSE
Students shall not abuse Institute computer time or equipment. Abuse includes but is not limited to unauthorized entry or transfer of a file, unauthorized downloading of copyrighted information, unauthorized use of another individual’s identification and password; use of computing facilities to interfere with the work of a student, faculty members or Institute officials; or use of computing facilities to interfere with normal operation of the Institute.

PENALTY: Fine $50-$150 + Probation; Suspension
CONTEMPT OF HEARING
Contempt of hearing violation includes: (1) the failure to appear before the Institute Disciplinary Committee after receiving the proper notification of a scheduled disciplinary hearing, (2) willful disobedience to, or displaying open disrespect for a Institute Disciplinary Committee member such as the use of profanity, threatening behavior, or derogatory remarks, comments, and/or gestures, (3) the failure to comply with disciplinary conditions as sanctions imposed by a Institute Disciplinary Committee or disciplinary administrative officer or staff person. Students who are found guilty of contempt of hearing charges will be required to pay a disciplinary fine in addition to other sanctions imposed.

PENALTY: Fine $100-$250; Reschedule of Hearing; Interim Suspension 78 79
CYBER-BULLYING OR SOCIAL MEDIA ABUSE
Cyber-bullying is the use of cell phone or other devices to send or post emails, text messages or images that constitute harassment (See Code of Conduct definition of Harassment).

PENALTY: Fine $250-$500 + Probation; Suspension; Indefinite Suspension; Expulsion
DAMAGE OR DESTRUCTION OF PROPERTY
Damage, vandalism or destruction to property owned or leased by the Institute or personal property belonging to an individual, including but not limited to, car vandalism, defacing structures and facilities, littering, marking, egging, painting, spraying, painting residence hall rooms, hallways, lobby areas, classrooms, doors, bricks, and siding without the proper authorization is prohibited.

PENALTY: Restitution and/or Replacement of Property + Probation; Suspension; Indefinite Suspension.
DANGEROUS, THREATENING, OR UNSAFE BEHAVIOR
This includes any conduct or behavior that threatens or endangers the health or safety of any person in the Institute environment. This includes, but is not limited to, verbal threats to injure or harm another, horse playing, and practical jokes.

PENALTY: Fine $50-$100 + Probation; Campus Service; Counseling; Removal of Privileges; Suspension
DISRUPTION, DISORDERLY CONDUCT, OR OBSTRUCTION Intentionally disrupting the orderly operation of the Institute, intentionally obstructing services or facilities by those entitled to use such services or facilities, or willful interfering with any member of the Institute community in carrying out his or her normal functions or duties is strictly prohibited. Acts of disruption, disorderly conduct, or obstruction includes but is not limited to, excessive noise, noise after quiet hours, misuse of musical instruments, noise producing devices, shouting, loud stereo or radio sets, throwing any dangerous objects in a facility or from the window of a Institute facility, or onto the premises of the campus.

PENALTY: Fine $50-$250 + Probation; Suspension; Indefinite Suspension
DRUGS (ILLEGAL) OR DRUG PARAPHERNALIA
The consumption, sale, distribution, manufacturing, purchase, passing of, or being in the presence of or the vicinity of illegal drugs, narcotics, the accessory to, or aiding and abetting of any controlled substances, are strictly prohibited from all locations of the Institute according to all local, state, and federal laws. Drug paraphernalia is strictly prohibited at the Institute. Paraphernalia is defined as all equipment, products, and materials of any kind used to facilitate planting, propagating, cultivating, growing, manufacturing, converting, processing, preparing, packaging, storing, concealing, injecting, ingesting, inhaling, or otherwise introducing a controlled substance into the body. The scope of this prohibition includes drugs or paraphernalia that is on the person or in the possession of a student on property owned or controlled by the Institute and/or at events and activities sponsored by CIM and involves related incidents that are subject to prosecution under local, state, and federal laws. The illegal possession of and/or use of drugs, or drug paraphernalia includes, but is not limited to, roach clips, bongs, masks, scales, balances, sandwich bags or plastic bags and their corners, sifters, syringes, spoons, chamber pipes, homemade pipes, film canisters, diluents, spray cans, carburetor pipes, paint, pipes, using screens, water pipes, and any other equipment, products and materials that can be directly linked to the usage of controlled substances.

PENALTY: Fine $250-$750 + Probation; Counseling; Campus Service; Suspension; Indefinite Suspension; Expulsion
FAILURE TO COMPLY
Students are required to comply with Institute personnel upon request. Examples of authorized Institute personnel include, but are not limited to, the following: Police Officers, security officials, faculty, staff, and residence hall staff. Failure or refusal to comply with any Institute official may result in disciplinary action.

PENALTY: Fine $100-$250 + Probation; Campus Service; Suspension; Indefinite Suspension
FALSIFICATION OR FORGERY
Falsification, forgery, or misuse of Institute records (e.g. transcript, health records) is prohibited. Forgery of negotiable instruments (such as checks and money orders) is considered a criminal offense. Forgery of names, signatures, documents (personal, public, and/or private) will not be tolerated. PERJURY is the voluntary violation of a statement or testimony that was previously provided and accepted as truth or fact; making a false statement or falsely reporting a crime or institute violation; furnishing false information with intent to deceive.

PENALTY: Fine $100-$250 + Probation; Campus Service; Indefinite Suspension
FIGHTING
Students are forbidden from engaging in fights, especially where weapons are used or where there is attempted use. The use of weapons is also a violation of civil laws. Persons are also held responsible for damages or injuries received or given in horseplay or other potentially dangerous activities.

PENALTY: Fine $250-$500 + Probation; Campus Service; Suspension; Expulsion; Indefinite Suspension
FIREARMS, WEAPONS, CHEMICALS, OR EXPLOSIVES
Cleveland Institute of Music prohibits the possession of pistols, firearms or other weapons in any form by any person other than duly authorized law enforcement officials, institutional security officials and other authorized persons regardless of whether such person possesses a valid permit to carry such pistols, firearms or weapons. Ohio Revised Code 2923.126 prohibits concealed carry on educational campuses in Ohio, unless the weapon is in a locked motor vehicle. Students found in possession of a weapon will be subject to arrest 80 81 and confiscation of the weapon. Additionally, students shall receive an interim suspension from classes pending a disciplinary hearing. A weapon is any dangerous instrument if it is used, attempted or threatened to be used, or is readily capable of being used to cause death or serious physical injury. It shall be a felony for a student to possess or carry, whether openly or concealed any gun, rifle, pistol or other firearm of any kind, or any dynamite cartridge, bomb, mace, grenade, mine, or powerful explosive on educational property. It shall be a misdemeanor for a student to possess or carry, whether openly or concealed, any BB gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razor and razor blades (except solely for personal shaving), and any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance on educational property. Failure to comply with the Institute’s policy or state law may subject one to criminal liability, removal from campus or campus events or facilities, and/or disciplinary sanctions under the Institute’s conduct system.

PENALTY: Suspension; Probation; Indefinite Suspension; Expulsion
FIRE SAFETY EQUIPMENT
Fire safety equipment is provided for the safety and protection of lives and property at the Institute. Tampering with such equipment places lives and property in danger. Anyone charged with tampering with fire equipment will be considered an eminent danger and as such will be immediately suspended from the Institute. Anyone found guilty of tampering with fire safety equipment will be suspended for at least one semester, subject to termination, expulsion and/or criminal prosecution. The following items are considered fire safety equipment: fire alarms, fire extinguishers, smoke detectors, fire hoses, fire hydrants, fire trucks, fire sprinklers, security vehicles, posted fire instructions, exit signs, and security cameras.

PENALTY: Fine $250-$500 + Probation; Suspension; Indefinite Suspension; Expulsion; Restitution (if required)
HARASSMENT (PHYSICAL OR VERBAL)
Harassment: (physical, verbal, graphic, written or electronic) that is (1) unwelcome; (2) discriminatory on the basis of race, color, religion, sex, national origin, age disability, genetic information, sexual orientation, or veteran status; (3) directed at an individual; and (4) so severe, pervasive, and objectively offensive that a reasonable person with the same characteristics of the victim would be adversely affected to a degree that interferes with his or her ability to participate in or to realize the intended benefits of an institutional activity, opportunity, or resource.

PENALTY: Fine $50-$225 + Probation; Campus Service; Suspension
HAZING
Hazing is defined as physical or mental discomforts which cause a student to behave in an unnatural manner. Hazing in any form by clubs, organizations, individuals and groups is forbidden.

PENALTY: Fine $250-$500 + Probation; Suspension; Indefinite Suspension; Expulsion
HEALTH AND SAFETY VIOLATIONS
This means any behavior that creates a danger or risk to others of the Institute community. This includes but is not limited to propping open doors to residence halls, throwing objects from windows, failure to keep one’s room in a condition that is sanitary and safe, or failure to maintain reasonable standards of cleanliness and safety as defined by the Institute.

PENALTY: Fine $50-$250 + Probation; Suspension; Indefinite Suspension
IDENTIFICATION CARD IDENTITY DISCLOSURE
Fraudulently obtaining, transferring, selling, loaning, fabricating, manufacturing, falsifying, altering, misusing, attempting, or intending to misuse one’s or another’s identification card is prohibited. Misrepresentation of a person’s identity with the intent to receive some undeserved advantage or willful furnishing false information to institute officials while in the performance of their duties is prohibited.

PENALTY: Fine $100-225 + Probation; Removal of Privileges; Counseling; Suspension; Indefinite Suspension

STUDENT IDENTIFICATION CARD – CIM ID Card must be validated and carried at all times. Failure or refusal to present the ID upon request to any official of the Institute may result in disciplinary action. If the card is lost, a duplicate card may be secured from Case Western Reserve University, Access Services – Crawford Hall. There is a ($25?) fee to replace your CIM ID card.

PENALTY: Fine $100-$225 +Probation; Campus Service; Counseling; Suspension; Indefinite Suspension
KIDNAPPING OR ABDUCTION Enticing, persuading or forcible seizing and carrying of any student, faculty, staff or Institute official from one place to another without that person’s consent.

PENALTY: Suspension; Indefinite Suspension; Expulsion
OFF-CAMPUS GUESTS’ BEHAVIOR
Students are responsible for the behavior of their guests whom they invite to the campus or permit to visit on the campus. If a guest is found to be in violation of the Code of Conduct while in the company of the student host or with the student host’s knowledge, applicable charges will be brought against the guest, as well as against the student host or the host student organization.

PENALTY: Fine $50-225 + Restitution (if required) + Probation; Removal of Privileges
PETS
Pets or other animals are prohibited on campus. Service animals accompanied by disabled persons are permitted on campus and in buildings with proper authorization (documentation). Unlike service animals, an assistance or emotional support animal does not perform ADA – defined “work” or “tasks” and thus is not generally permitted to accompany a person with a disability at all times. Therefore, although assistance animals may be considered for access to CIM housing, they are generally not permitted in other campus areas.

PENALTY: Fine $150-$225 + Removal of animal(s) + Probation; Campus Service; Counseling; Suspension; Indefinite Suspension
RAPE
Forcing or coercing another, regardless of sexual gender, personal affiliation, and/or affiliation with the Institute to engage in the act of sexual intercourse without that person’s consent, or when the sexual intercourse is deemed without the person’s consent because the person is incapable of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by an intoxicating or narcotic agent administered by the offender.

PENALTY: Suspension; Indefinite Suspension; Expulsion

CRITICAL POINT:
Consent: Consent is clear, knowing, and voluntary. 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 clear permission regarding willingness to engage in (and the conditions of) sexual activity. Consent must be actively given for each sexual act. Consent can never be given by minors or by those who are mentally and/or physically incapacitated.
SEXUAL OFFENSES SEXUAL ASSAULT
The forcing of, or attempting to force, another person regardless of sexual gender, personal affiliation, and/or affiliation with the Institute, to participate in sexual intercourse and/or other sexual activities against his/her will is prohibited. Such misconduct includes verbal coercion, threats and physical restraint, and will not be tolerated.

PENALTY: Fine $225-$500 + Probation + Campus Service + Counseling; Suspension; Indefinite Suspension; Expulsion

SEXUAL BATTERY - The forcing or forceful intention of engaging in sexual misconduct by physical contact and/or excessive force (with or without a weapon) which leads to physical pain, toward another person regardless of sexual gender, personal affiliation, and/or affiliation with the Institute, without his/her consent or when such sexual contact is deemed offensive to the victim, will not be tolerated by the Institute.

PENALTY: Suspension; Indefinite Suspension; Expulsion

SEXUAL HARASSMENT - Regardless of sexual gender, personal affiliation, and/or affiliation with the Institute, sexual harassment is defined as conduct that is so severe, pervasive, and objectively offensive that the individual is effectively denied equal access to institutional resources and opportunities (See Student Conduct definition of Harassment).

PENALTY: Suspension; Indefinite Suspension; Expulsion
SOLICITATION Unauthorized selling, collection of monies, and promotion on campus or within Institute buildings is not permitted without permission of the Business Office. Acting as agents for business firms that entail solicitation or the receiving of business offers or goods on Institute property is prohibited. Students may not solicit on behalf of the Institute without the written permission of the Assistant Vice President of Student Affairs.

PENALTY: Fine $50-$350 + Probation; Campus Service; Counseling; Suspension
THEFT
Theft of Institute property or property belonging to another member of the Institute, the selling of stolen property, or the use of property belonging to another individual without proper consent is prohibited. Violators may be required to return property or its equivalent value, and in addition may be liable to probation, suspension, or expulsion, as well as action by civil authorities.

PENALTY: Fine $50-$225 + Restitution (if required) + Probation; Counseling; Suspension
VANDALISM
The destroying, defacing, or damaging of Institute, state, federal, public or private property will not be tolerated and is prohibited.
PENALTY: Restitution and/or Replacement of Property + Probation; Suspension; Indefinite Suspension

UNCLASSIFIED VIOLATION

CONDUCT UNBECOMING OF A STUDENT
Including but not limited to conduct that is disorderly, lewd or indecent; a breach of peace; or aiding, abetting, or procuring another person to breach the peace on CIM premises or at other locations where classes, activities, or functions sponsored or participated in by the Institute may be held.

PENALTY: Fine $100-$225; + Probation; Suspension; Indefinite Suspension