Obey The Law

The Lord, through modern revelation, requires of His people in this, the dispensation of the Fullness of Times, obedience and steadfast support of the properly instituted governments in all lands (D& C 58:21-22; 98:4-6; and 134). The twelfth Article of Faith affirms this position, We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law. President McKay, the ninth president of The Church of Jesus Christ of Latter-day Saints, notes: The article [of faith] does not say we believe in submission to the law. Obedience implies a higher attitude than mere submission, for obedience has its root in good intent; submission may spring from selfishness or meanness of spirit. Though obedience and submission both imply restraint on one's own will, we are obedient only from a sense of right; submissive from a sense of necessity (Gospel Ideals, David O. McKay, p. 380).

Obeying, honoring, and sustaining the law is a basic tenet which governs the behavior of all members of the university community. Members of the university community are expected to adhere to all applicable federal, state, and local laws, and, in the same spirit to follow all institutional policies.

Assault and Battery

Assault and battery is a violation of the Honor Code as well as a violation of the law. The Honor Code Office takes actions independent of any judicial action. BYUH has a zero tolerance policy for fighting (assault and battery) and theft that occurs on or off campus. Students found guilty of fighting or stealing (theft) will be suspended from the university. Examples of serious assault and battery behavior include but are not limited to the following:

• Acting with intent to kill, injure or harm another person
• Using physical force to coerce or to retaliate for a real or imagined offense
• Threatening to inflict injury upon another person
• Using a dangerous weapon

Fighting Policy Brigham Young University Hawaii prohibits fighting both on and off campus. Except as participants in activities sponsored by campus organizations, such as intramurals, and club or ASBYUH events, students who fight are not complying with the Honor Code. The Honor Code Office will interview students who are reported for fighting and witnesses to determine the extent of student involvement. On the basis of the first report, students who are found to have been involved in fights may be placed on probation or suspended for a minimum of one year. The specific course of action chosen will be determined by the crudity of the language used, the seriousness of the threats, the level of violence, and the extent of injuries. Subsequent involvement in any fight, may result in suspension of the students involved.

Top of Page

Verbal Assault

To threaten to kill or to inflict injury upon another person is a breach of the BYUH Honor Code, whether the ability to carry out the threat is apparent and present or not.
Racial slurs and the use of disparaging or derogatory epithets motivated by racism or anger is ugly, against the law, and a violation of the Honor Code.
Such violations are considered as serious as any physical assault and may result in probation, suspension or dismissal.

Firearms Policy

Brigham Young University-Hawaii prohibits the possession (on or near the university campus, including residence halls) or use of firearms, which includes any device which can expel a projectile, and/or other dangerous weapons, including knives, explosives, or other items which, in their intended use, are capable of inflicting serious injury. Because these items pose a clear risk to the persons and property on the BYUH campus, violation of this policy may result in suspension from the university, prosecution under appropriate city, state, or federal laws, and/or a $300 fine. At no time shall a weapon or firearm be in a dormitory

Lewdness

Students are expected to understand that lewd behavior is inconsistent with a chaste and virtuous life and is therefore a violation of the Honor Code.

• Lewd behavior may result in disciplinary action by the Honor Code Office whether or not the student is prosecuted under
  the law.
• A person is lewd when he or she removes underclothing and exposes himself or herself, masturbates, engages in voyeurism, or performs any other act in a public place or under circumstances which the person should know will likely cause affront or alarm to another person.
• In most cases the consequences for lewd behavior are probation or suspension.
• Factors that weigh in the decision include the extent to which the behavior was public, the number of persons affected, and thepotential for harm.

Malicious Mischief, Vandalism, and Reckless Burning Respect for other peoples property and possessions is fundamental to the environmental expectations of Brigham Young University Hawaii; disrespect in any of these dimensions is a violation of the Honor Code. Examples of serious behavior related to malicious mischief, vandalism, and reckless burning include but are not limited to the following:

• Intentional or reckless endangerment (such as penned doors, lighting a fire in a garbage can, burning a candle, etc.) or causing of injury
• Damage, defacement, or destruction of the property of the university or of another individual
• Disregard of the rights of othersWhen mutual vandalism has occurred at two or more educational institutions, a cooperative agreement will be worked out with the other school(s) in which the students will make restitution. This restitution can be through work or the payment of money. Work is preferred. The work hours will be equivalent to costs based on minimal wage level. The students will be placed on university probation until completion of the restitution or longer.
  

  Top of Page

Sexual Assault and Rape

Any violation of another individual's right to be free from forcible and non-forcible sex offenses constitutes a serious violation of the Honor Code which may result in immediate suspension or
dismissal from the university.

Theft and Burglary

Theft of another person's property and possessions including unauthorized possession of such property, is a violation of the Honor Code and action may be taken by the Honor Code Office independent of any action taken within the judicial system. Any level of theft at BYUH is significant and may lead to suspension. Examples of serious behavior related to theft and burglary include but are not limited to:

• Significant dollar amount and/or multiple items stolen. Significant dollar amount may be classified by legal definitions of theft categories: (refer to APS 708-830-842) $100 value or less is classified as a Class B misdemeanor, allowing up to 6 months in jail and a $1,000 fine $100 to $250, Class A misdemeanor, up to a year in jail and $2,500 fine $250 to $1,000, third degree felony, 0 to 5 years in prison, up to $2,500 fine more than $1,000 second degree felony, 1 to 15 years in prison, up to $10,000 fine
• Multiple items stolen, even in a single episode of theft, verifies a calculated intent that goes beyond any reasonable claim of impulse or transitory lapse of self-control. When multiple items are stolen, regardless of their monetary value, may warrant suspension.
• Patterns of habitual theft
• Forcible taking of property from another
• Evidence of forcible or illegal entry for purposes of theft
• Weapon on person or used in process of theft

Unlawful Sexual Harassment Unlawful sexual harassment is contrary to the teachings of The Church of Jesus Christ of Latter-day Saints, the university's Honor Code and applicable civil rights laws and regulations. BYUH's Honor Code requires that university personnel and students abide by Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 which prohibit sexual harassment. For outline of specific expectations and consequences of violation of the expectations.

Gambling

Because Hawaii law prohibits gambling, gambling fraud, gambling promotion, and the possession of a gambling device all are violations of the BYUH Honor Code. This law applies to activities on and off campus within the state of Hawaii. Students who travel to Nevada and gamble there, those who wager in lotteries sponsored by other states, and engage in other gambling activities outside the state of Hawaii are not in violation of the law; consequently, they are not in violation of the BYUH Honor Code. Such students are warned against the addictive nature of gambling and the questionable morality of risking to obtain an unearned gain; in some cases such participation may lead eventually to sorrow and suffering.

Top of Page