CHAPTER TWO: 2300
STUDENT AFFAIRS POLICIES
STUDENT CODE OF CONDUCT
The university disciplinary system is part of the educational process of
students focusing on behavior within a community.
Sanctions are imposed for violations to the Student Code of Conduct to
teach students how to be better and more responsible members of a community.
Sanctions also serve to protect the UI community.
The Student Code of Conduct is UI's manifestation of Section III, P-12,
of the State Board of Education's Governing Policies and Procedures which
states: ‘Each institution will establish and publish a statement of student
rights and a code of conduct. The
code of student conduct must include procedures by which a student charged with
violating the code receives reasonable notice of the charge and is given an
opportunity to be heard and to present testimony in his or her defense.
Such statements of rights and codes of conduct, and any subsequent
amendments, are subject to review and approval by the chief executive
officer.’ The original of this
code was created during the 1969-1970 school year.
It was amended, at the suggestion of an ad hoc Faculty Senate
committee in July 1992, July 1993, July 1998 (Article II),
and July 2005 (Article II, section 2). For further
information, contact the Dean of Students (208-885-6757).
[rev. 7-98, 7-05, ed. 7-09]
Article I. Scope of the
Article II. Academic Honesty
Article III. Physical Abuse, Hazing,
Article IV. Campus Disorders and
Article V. Housing and Living
Article VI. Physical Safety and
Article VII. Discrimination
Article VIII. Drugs and Alcohol
Article IX. Aiding, Soliciting, and
Article X. Judicial
Article XI. Range of Sanctions
Appendix to the Student Code of
I--SCOPE OF THE CODE.
This document is a codification of disciplinary regulations enacted to
govern the conduct of students in accordance with FSH 2100 [see 2200, Section
III]. The inclusion of, or failure to include, regulations herein
pertaining to academic matters or to motor vehicles shall not affect any
regulation, or the enforcement of any regulation, now or hereafter enacted by UI
or any college or department thereof pertaining to academic matters or to motor
vehicles. [rev. 1-14]
Acts in violation of federal, state, or municipal laws come under the
jurisdiction of UI only when they are also in violation of this code.
When Dean of Students (hereafter DOS) is informed that criminal
charges are being brought against a student for conduct that also violates the
Student Code of Conduct, DOS may file disciplinary charges against a student and
investigate the incident. DOS has
discretion to wait a reasonable period of time before requesting a hearing or
final resolution of the disciplinary charges if it is in the best interest of
the university disciplinary process to await the outcome of the criminal
charges. [ed. 8-07]
If a student is convicted of a crime prior to the university disciplinary
hearing, the University Judicial Council (hereafter UJC) shall accept as fact
that the student had engaged in conduct that constitutes the crime.
The disposition of criminal charges against the student, if determined
prior to the university disciplinary hearing, shall be taken into account by the
UJC in determining sanctions against that student.
[See 2300, Article XI, Section 5.]
Student. Student as used in this code means:
all persons taking UI courses, both full-time and part-time and/or
all persons who are not officially enrolled for a particular term but
have a continuing relationship with UI or intend to enroll in the next semester.
[This provision is intended to include within the definition of students,
those persons enrolled in the spring and fall semesters who engage in misconduct
during the summer and students who are first time enrollees who engage in
misconduct prior to the time of enrollment.]
Campus. Campus means:
all land, buildings, facilities, and other property -- including adjacent
streets and sidewalks -- in the possession of or owned, used, or controlled by
all land, buildings, facilities, and other property -- including adjacent
streets and sidewalks -- used as residences in the possession of or owned, used,
or controlled by student associations recognized by UI.
Knowingly. As used in this code, the terms "knowledge" and
"knowingly," when referring to causing consequences, means that the
person is aware that his or her conduct will probably cause the consequence
described in the code.
[section renumbered 8-07]
Cheating on classroom or outside assignments, examinations, or tests is a
violation of this code.
falsification of academic records, and the acquisition or use of test materials
without faculty authorization are considered forms of academic dishonesty and,
as such, are violations of this code.
academic honesty and integrity are core values at a university, the faculty
finds that even one incident of academic dishonesty seriously and critically
endangers the essential operation of the university and may merit expulsion.
The operation of UI requires the accuracy and protection of its records
and documents. To use, make, forge,
print, reproduce, copy, alter, remove, or destroy any record, document, or
identification used or maintained by UI violates this code when done with intent
to defraud or misinform.
5. All data acquired through
participation in UI research programs is the property of the
university and must be provided to the principal
investigator. In addition, collaboration with the University Research Office
for the assignment of rights, title, and interest in patentable inventions resulting from the research
is also required [see 5400 A through
6. Entrance without proper authority into any private
office or space of a member of the faculty, staff, or
student body is a violation of this code.
7. It is also a
violation to hack or make unauthorized use of any computer
or information system maintained by the university or a
member of the faculty, staff, or student body. [rev.7-05]
8. Instructors and students are responsible for maintaining academic
standards and integrity in their classes. Consequences
for academic dishonesty may be imposed by the course instructor.
Such consequences may include but cannot exceed a grade of “F” in the
course. The instructor should
attempt to notify the student of the suspected academic dishonesty and give the
student an opportunity to respond. The
notice and the opportunity may be informal and need not be in writing. Penalties
for any disciplinary infraction must be judicially imposed. [See 1640.02 C-5]
9. Instructors may report incidents of
academic dishonesty to the dean of students.
Upon receiving such a report, the dean of students
shall provide the student with written notice that a report
has been made and an opportunity to meet with the dean to
discuss the report.
The dean of students shall maintain the report and any
record of the meeting for a period of time deemed
appropriate by the dean.
The dean of students may file a complaint against the
student after the meeting has taken place or the student has
elected, either affirmatively or through inaction, not to
meet with the dean.
ABUSE, HAZING, OR HARASSMENT. [section
Living together in a university community requires
respect for the rights of fellow members of that community
to pursue their academic goals and to participate in lawful
campus or UI activities.
8. Physical abuse; or
9. Similar actions, undertaken
knowingly, are violations of this code.
DISORDERS AND DISRUPTION.
1. Members of the UI community have the right to
lawful freedom of movement on campus; to lawful use of
property, facilities, or parts of UI; and to lawful ingress
to and egress from the institution's physical facilities.
It is a violation of this code to violate the above
rights of the university community by:
knowingly hindering entrance to, exit from, or normal
use of any UI facility or part thereof;
remaining in any UI building or failing to disperse
from a crowd or group after being advised by any law
enforcement personnel or UI official to leave or disperse
(see Appendix, paragraph 5);
knowingly creating noise, including the use of
noisemaking or amplifying devices, which interferes with the
academic process or violates another person's privacy;
knowingly interfering with reasonable use of UI
driveways, parking lots, or sidewalks;
knowingly interfering with authorized events on
property owned or controlled by UI or in UI facilities;
knowingly interfering with law enforcement personnel,
public safety personnel, or UI officials in the lawful
conduct of their duties; or
knowingly obstructing or disrupting teaching,
research, or other academic activities. [Idaho Code
33-3715 and 33-3716, though not part of this code, are
appended for information.]
AND LIVING GROUPS. [section renumbered 8-07]
The internal regulation of residence halls shall
primarily be the responsibility of the individual
Such regulations must conform to the Statement of
Student Rights; violations of those regulations may also be
violations of this code.
2. Living groups may also set internal regulations
governing hours and areas of public access provided that
such regulations do not condone the violation of a student's
right to privacy in his or her own rented space.
UI dwellings are regulated only by this code and the
Provisions of the housing contract may not violate
the Statement of Student Rights or the stipulations of this
[It must be recognized, nonetheless, that UI
dwellings are also regulated by applicable municipal, state,
and federal laws and regulations.]
Sanctions available to the living groups range from
warning through probation.
In addition, fines not in excess of $200 and/or restitution
for damage or loss may be levied.
Sanctions affecting the student's residence in UI
housing may also be imposed as outlined in
SAFETY AND WELFARE. [section renumbered 8-07]
As in any community, certain forms of responsible
conduct must be adhered to in order to ensure the physical
functioning and safety or security of that community.
2. The need to safeguard the property of the university
community requires that it is a violation of this code to
in the unauthorized entry or unauthorized attempted
entry into or on any facility or area on campus, including
but not limited to heating tunnels, elevator shafts, shops,
mechanical rooms, trunk rooms, storerooms, roofs, and fire
Possessing, giving to another, making, or causing to
be made any key or other access device to UI property or
facilities without proper authorization is a violation of
Theft or misappropriation of UI property and theft or
misappropriation of the private property of any person
occurring on campus are violations of this code.
Knowingly damaging, destroying, or defacing UI
property or property that is owned by others and located on
campus are violations of this code.
Protecting the university community against fire is a
Smoking is prohibited in all university buildings
except full-time residential facilities.
It is also prohibited in official meetings and hearings of
UI units and bodies.
[For details of the UI policy on smoking, see Section
6380 of the Faculty-Staff Handbook.]
7. Building or setting
fires on property owned or controlled by UI without proper
authorization, are a violation of this code. [ed. 8-07]
8. Removing or tampering with fire equipment or
fire-alarm systems, or failure to vacate buildings promptly
when fire alarms sound are violations of this code.
Firearms also may endanger the safety of the
university community when improperly handled.
"Firearms" as used in the code means any instrument used in
the propulsion of shot, shell, or bullets, or other harmful
objects by the action of gunpowder exploded within it, by
the action of compressed air within it, by the power of
springs and including what are commonly known as air rifles,
BB guns, and pellet guns.
No firearm may be brought onto campus unless it is
encased and has a trigger lock attached.
("Encased" is defined as placing a gun with a trigger lock
in some sort of container--hard or soft, and including, but
not limited to, such materials as aluminum, plastic, wood,
leather, and cloth--that is fastened by means of a snap
lock, zipper, tie, etc.).
11. In UI residence halls firearms must be kept in an area
authorized by the Housing Office.
12. Loaded guns are not permitted on campus.
A "loaded gun" is defined as one containing live
ammunition either in the chamber or in the magazine.
Possession and storage of gunpowder must comply with
federal, state, and municipal laws.
No ammunition will be allowed on campus except that
designated for firearms that are properly stored on campus.
13. Other explosive substances are also prohibited on
campus, except as approved by the safety officer.
Exceptions to the above may be made for supervised UI
Unauthorized uses of dangerous projectile or
explosive devices, including but not limited to sling shots,
crossbows, catapults, and devices which cause dangerous
chemical reactions, are violations of this code.
It is a violation of this code to:
knowingly gain unauthorized access to computer-based
information or information resources;
knowingly, without authorization, destroy, alter,
dismantle, disfigure, prevent rightful access to, or
otherwise interfere with computer-based information or
information resources; or
knowingly invade, without authorization, the privacy
of individuals or entities that are creators, authors,
users, or subjects of the information resources.
Any violation of the basic rights of a human being is
contrary to the very nature of a university. The
regents’ antidiscrimination policy is as follows:
Practices or regulations that discriminate on the
basis of race, color, national origin, religion, sex, age,
disability, or status as a Vietnam-era veteran, as each of
these bases is defined by law, are neither condoned nor
permitted in any area of UI operations, including personnel
appointments, student admissions, housing assignments, use
of dining halls, classrooms, or other facilities, or in any
activities of the faculty, staff, or students that may be
commonly regarded as sponsored or sanctioned by UI.
Nothing herein shall be deemed to affect the
classification of persons based on the differences between
males and females or between other classes or groups that is
not irrational, capricious, or arbitrary, and that is
intended to accomplish a lawful purpose (e.g., women's or
men's living groups may exclude persons of the opposite sex,
and students with substandard grades may be denied
membership in honor societies and other groups having
minimum grade requirements).
Any student conduct that violates this policy shall,
upon due proof, be a violation of this code.
AND ALCOHOL. [section renumbered 8-07]
The sale, use, or possession of illegal drugs is a
violation of this code.
2. Sale or illegal possession or illegal consumption of
alcoholic beverages is prohibited in facilities owned,
leased, or operated by UI and on campus grounds.
3. Alcoholic beverages may not be possessed or consumed
under any circumstances in areas open to and most commonly
used by the general public.
These areas include, but are not limited to, lounges,
student union buildings, recreation rooms, conference rooms,
athletic facilities, and other public areas of UI-owned
buildings or grounds.
UI's primary role in handling matters involving the
use or potential use of drugs or alcohol by its students is
that of counseling.
However, in appropriate situations, the full range of
sanctions may be applied.
SOLICITATION AND ATTEMPT.
A person is in violation of this code if he
intentionally aids or abets another in the commission
of any offense(s) mentioned in this code;
requests, hires, encourages, or otherwise solicits
another person to commit any offense mentioned in this code,
either intending that the other person commit the offense or
with the knowledge that the other person intends to commit
the offense; or
attempts to commit any offense mentioned in this
Any member of the university community may file a
complaint against any student for misconduct. Such
complaints shall be prepared in writing and directed to the
office of Dean of Students (DOS).
Any complaint should be submitted as soon as possible
after discovery of the alleged misconduct, preferably within
DOS may investigate to determine if the complaint has
merit. [ed. 8-07]
DOS, or its representatives, may file charges on
behalf of the university against a student accused of
violating the Student Code of Conduct.
In no event shall DOS file charges more than one year
after DOS has discovered the alleged misconduct, although
the summons can be served after the one year period if the
charges were filed within the one year period. [ed. 8-07]
All charges, including amended charges, shall be
presented to the accused student in writing. The
accused student shall be deemed to have been "notified" of
the charges, amended charges, notice of the hearing date and
any changes in the hearing date, by any of the following
hand-delivered notice; or
proof of the mailing of a certified, registered
letter containing such information, sent to either the
campus address or the home address that the student provided
the university registrar in the student's registration
if receipt for the certified, registered letter is
not returned with a signature within three weeks, then the
accused student may be notified by proof of the mailing of a
certified, nonregistered letter to the student's campus or
home address; and the hearing date shall be set not less
than five nor more than fifteen calendar days after the last
date that the postal service attempted to deliver the
certified, nonregistered letter.
A disciplinary hearing may be waived and informal
disposition of disciplinary action may be made by an agreed
settlement, in writing, between the student charged with
code violations and the dean for Dean of Students
or the dean's designee.
The sanctions imposed in the agreed settlement will be
effective upon signature of the parties, do not depend upon
the approval of the UJC, and shall have full force and
effect as if the sanctions had been imposed by the UJC. The
Dean of Students shall, on a regular
basis, inform the UJC of the agreed settlements entered into
with students during the academic year. [ed. 8-07]
A student suspected of violating this code shall be
informed of the right to remain silent. This
information shall be provided in the notice of the charges,
in any summons, at any meeting with DOS, and at any hearing
conducted by the UJC. [ed. 8-07]
The disciplinary hearing shall occur not less than
five nor more than fifteen calendar days after the accused
student has been notified in writing of all charges,
including amended charges.
Maximum time limits for scheduling of hearings may be
extended at the discretion of the Dean of Students, or the dean's designee, as long as the hearing
will be prompt.
The accused student and DOS may agree to a specific hearing
The accused student may waive his or her right to a
The accused student may request the chairperson of
the UJC to reschedule the hearings. [ed. 8-07]
Hearings shall be conducted in private unless the
student charged with the violation states on the record that
he or she wishes the disciplinary hearing to be public.
The student charged with the violation can request the
chairperson of the UJC to order that the disciplinary
hearing be open only to specified members of the public.
Otherwise, the only persons permitted to attend the
"private" hearing will be the members of the UJC, the Dean
of Students and/or the dean's designee,
the general counsel or the general counsel's designee,
the party bringing the charges against the student, the
accused student, the accused student's advisor, and
Although the student charged with a violation has the right
to a public hearing, the chairperson of the UJC has the
discretion to refuse to admit to the hearing any person
whose conduct interferes with the hearing.
Any party can request that witnesses be removed from
the hearing when they are not giving testimony.
In hearings involving more than one accused student, the
chairperson of the UJC has the discretion to permit the
hearings concerning each student to be conducted separately.
[ed. 8-07, 6-09]
The university, if it is filing charges against the
student, may be represented by any advisor it chooses.
The student charged with the violation has the right to be
assisted by any advisor he or she chooses at his or her own
The advisor may be an attorney.
The advisor will be permitted to speak and to participate
directly in the hearing.
The accused student, the party filing charges against
the accused student, and the UJC shall have the right to
present witnesses and evidence and shall have the right to
be present and hear and question adverse witnesses, as well
as the right to object to the admission of testimony and
Irrelevant evidence is not admissible.
All evidence, pertinent records, exhibits, and
written statements, as well as copies or recordings of such
evidence, may be accepted as evidence at the discretion of
the chairperson of the UJC.
Hearsay evidence is admissible if it is of the type
commonly relied upon by prudent persons in the conduct of
All questions of procedure and evidence are subject
to the final decision of the chairperson of the UJC.
Generally, the hearing shall be conducted in the
The chairperson of the UJC shall determine whether
the accused student has requested a public or a private
hearing, shall state for the record the names and roles of
the persons present at the hearing, and shall remind the
accused student of the right to have an advisor, of the
right to refuse to testify, and that the refusal to testify
shall not be considered as evidence against him or her.
The party filing charges and the accused student
shall have the opportunity to present opening statements in
which they summarize the evidence they intend to present to
The party filing charges shall present its evidence
first, and the accused student shall have the right to
present his or her evidence afterwards.
Following the presentation of evidence the party
filing charges shall have the opportunity to summarize the
Afterwards, the accused student shall have the
opportunity to summarize the evidence presented.
After the presentation of evidence and summaries, the
UJC shall make its decision in a closed session.
The UJC shall determine by majority vote whether the
student has violated each section of the Student Code of
Conduct which the student is charged with violating.
The chairperson of the UJC, or the designee in the event of
absence of the chairperson, is permitted to vote only in the
event of a tie ballot.
The burden of proof shall be upon the party bringing the
charges against the accused student. The UJC's
conclusion shall be made on the basis of whether it is more
likely than not that the accused student violated a specific
provision or provisions of the Student Code of Conduct.
If the UJC concludes that the accused student did
violate a provision or provisions of the Student Code of
Conduct, the UJC must state in writing the facts, conduct,
or circumstances it has found to support its conclusion.
These "findings of fact" must be based exclusively
upon the evidence and testimony properly presented to the
UJC and upon facts that are universally regarded as true.
The UJC shall inform the parties in writing of its "findings
of fact," its conclusion that the student has violated the
Student Code of Conduct, and the right of the student to
appeal the decision of the UJC.
The UJC shall maintain a single verbatim record, such
as a tape recording, of all hearings. The record shall
be the property of the university.
The failure of an accused student to appear at a
hearing after notification is neither an admission nor
evidence as to the charges.
No accused student may be found to have violated the
Student Code of Conduct solely because the student failed to
appear before the UJC.
[Failure to appear after being summoned may be a
separate violation of the Student Code of Conduct; see
below.] If the
accused student fails to appear at the hearing after proper
notification, the party filing charges against the accused
student shall present the evidence in support of the
charges, and the UJC shall conclude based on the evidence
whether it is more likely than not that the accused student
had violated the Student Code of Conduct. If the UJC
concludes that the student had violated the Student Code of
Conduct, the UJC shall inform the parties in writing of its
conclusion, its "findings of fact," and the right of the
student to appeal the decision of the UJC.
Failure to comply with any procedural rule may render
invalid the decision of the UJC if such failure materially
prejudiced the rights of a party.
All members of the university community are
encouraged to assist the parties and the UJC in determining
whether the accused student violated the Student Code of
chairperson of the UJC, or the chairperson's designee, shall
have the authority to issue a summons commanding a student
to appear at a hearing and to testify.
Such a summons may be requested by any party to the
hearing or by any member of the UJC.
The summons may be served either by hand-delivery or be
certified, registered mail sent to the campus or the home
address that the student provided to the university
summons shall inform the student that it is a violation of
the Student Code of Conduct to fail to appear or to refuse
to testify, unless such testimony would force the student to
testify against himself or herself.
It is a violation of this code for a student to fail
to appear at a hearing after proper service of a summons to
It is also a violation of this code for a student to
refuse to give testimony at a hearing after proper service
of a summons to appear, unless such testimony would force
the student to testify against himself or herself.
It is a violation of this code to knowingly disrupt,
impede, threaten, or disregard the lawful procedures or
sanctions of the UJC.
It is a further violation of this code to knowingly
provide false information to the UJC.
When the Dean of Students determines it is necessary to stop a violation of the
Student Code of Conduct, as permitted under the Statement of
Student Rights [2200, Section
IV, Para. 1], the Dean of Students (or
a designee), with the concurrence of the chair of the UJC,
if and when he or she is available, may impose an interim
university or residence-hall suspension prior to the hearing
before the UJC. [ed. 8,07]
Interim suspension may be imposed only to ensure the
safety and well-being of members of the university community
or preservation of property, to ensure the student's own
physical or emotional safety and well-being, or if the
student poses a definite threat of disruption of or
interference with the normal operations of the university.
During the interim suspension, the student shall be
denied access to the residence halls and/or the campus
(including classes) and/or all other university activities
or privileges for which the student might otherwise be
eligible, as the Dean of Students (or a
designee), with the concurrence of the chair of the UJC, if
and when he or she is available, may determine to be
appropriate. [ed. 8-07]
As soon as is practicable, the student subjected to
an interim suspension shall be provided notice of the
reasons for the university's action and shall be accorded
the normal procedures of the UJC, including the filing of a
complaint and the right to a hearing.
Sanctions that may be imposed are listed here in
order of their severity:
probation (with terms and length as determined by the
suspension (failure to comply with the terms of probation
results in immediate suspension from UI);
suspension (removal from UI for a specific length of
time, e.g., semester or academic year);
expulsion (indefinite removal from UI).
Before the UJC may impose a sanction of withheld
suspension, suspension, or expulsion, the UJC must make a
specific finding in writing that the student's misconduct
seriously and critically endangered the essential operation
of UI or the safety of members of the university community
[see 2200, IV-9].
In addition to the sanctions enumerated in paragraph
1, the UJC may impose any combination of the following and
may include them as terms of probation:
community service (to be performed for a specified
period of time under the direction of the Dean of Students); [ed. 8-07]
restitution of damages;
special sanctions deemed appropriate and reasonable
by the UJC (e.g., counseling, restrictions on behavior, or
requiring letters of apology to be written);
administrative fees not exceeding $25.
penalties for disruption of the judicial process
range from warning through suspension, depending on the
severity of the offense.
When appropriate, a student may be given the
option of working off the equivalent of restitution for UI
at the minimum wage.
If sanctions, including community service hours and
restitution imposed by the UJC, have not been completed or
if sanctions agreed to by a student in an agreed settlement
have not been completed, UI, at the discretion of the Dean
of Students or the dean's designee, may
deny a student the privilege of reregistering, may hold
transcripts and/or diplomas, and may refuse to release
information based on the student's record. [ed. 8-07]
Sanctions affecting a student's residence in
UI-controlled housing may be imposed.
These sanctions are loss of privileges within the living
group and temporary or permanent removal from UI-controlled
Sanctions already imposed by civil or criminal
process are taken into account when any UI sanction is
Extensive, organized, serious, or repeated violations
of this code are taken into account when determining the
The Regents of UI adopted guidelines for enforcing
campus alcohol regulations which include sanctions for
violation of these regulations. Minimum sanctions for
violations of Article VIII, Sections 1 and 2 of the Student
Code of Conduct are listed below. These sanctions will
be minimum standards and more severe sanctions may be
a. First Infraction|
|1.Open container or minor in
||1.Referral to judicial council for
education programs and payment of administrative costs.
|2. Illegal distribution of
||2. Referral to judicial council with
sanctions to include community service, period of probation,
administrative costs, and education programs.
b. Second Infraction|
|1. Without injury; or
without conduct likely to lead to injury.
||1. Referral to judicial council or
similar authority for action which must include a treatment and/or
|2. With injury; or
conduct likely to lead to injury.
||2. Referral to the proper administrative
body of the institution for action must include notification to the
criminal justice system, strict probation, and, a treatment or
c. Third Infraction|
|1. Without injury; or
without conduct likely to lead to injury.
||1. Referral to the appropriate
administrative body of the institution for appropriate action, which
must include, at least, suspension from school for one semester.
|2. With injury; or
conduct likely to lead to injury.
||2. Referral to the appropriate administrative body of the institution for
appropriate action, which must include, at least, referral to the
criminal justice system and expulsion from the institution for one
TO THE STUDENT CODE OF CONDUCT:
Idaho Code, section 33-3715: "The legislature, in recognition
of unlawful campus disorders across the nation which are disruptive of the
educational process and dangerous to the health and safety of persons and
damaging to public and private property, establishes by this act criminal
penalties for conduct declared in this act to be unlawful.
However, this act shall not be construed as preventing institutions of
higher education from establishing standards of conduct, scholastic and
behavioral, reasonably relevant to their lawful missions, process, and
functions, and to invoke appropriate discipline for violations of such
Idaho Code, section 33-3716: "No persons shall, on the campus
of any community college, junior college, college, or university in this state,
hereinafter referred to as 'institutions of higher education,' or at or in any
building or other facility owned, operated, or controlled by the governing board
of any such institution of higher education, willfully deny to students, school
officials, employees, and invitees: (a)
lawful freedom of movement on campus; (b) lawful use of property, facilities, or
parts of any institution of higher education; or (c) the right of lawful ingress
[to] and egress [from] the institution's physical facilities.
"No person shall, on the campus of any institution of higher
education, or at or in any building or other facility owned, operated, or
controlled by the governing board of any such institution, willfully impede the
staff or faculty of such institution in the lawful performance of their duties,
or willfully impede a student of such institution in the lawful pursuit of his
educational activities, through the use of restraint, abduction, coercion, or
intimidation, or when force and violence are present or threatened.
"No person shall willfully refuse or fail to leave the property of,
or any building or other facility owned, operated, or controlled by the
governing board of any such institution of higher education upon being requested
to do so by the chief administrative officer, his designee charged with
maintaining order on the campus and in its facilities, or a dean of such college
or university, if such person is committing, threatens to commit, or incites
others to commit, any act which would disrupt, impair, interfere with, or
obstruct the lawful missions, processes, procedures, or functions of the
"Nothing in this section shall be construed to prevent lawful
assembly and peaceful and orderly petition for the redress of grievances,
including any labor dispute between the institution of higher education and its
"Any person who violates any of the provisions of this section shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine not to exceed five hundred dollars ($500), or imprisoned in
the county jail for a period not to exceed one (1) year, or by both such a fine
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