The University's Student Code and sexual harassment policy controls the issues arising in this case. The purpose of the Student Code is to outline the rights of students and many of the standards of conduct expected within the University's community. The Student Code advises that students must “adhere to all published rules, regulations and policies” and the failure to do so may subject a student to disciplinary action. The record on appeal discloses that posttrial, the University advised the district court that in light of its decision, the Student Code has been revised. Those revisions are not in the record and they did not affect the district court's decision. We do not consider those revisions either. The Student Code and the various University policies create a comprehensive regulatory scheme for the discipline of students. The following speci c provisions of the Student Code bear on the issues presented in this case. Under the Bill of Rights section, Article 2.A guarantees the right of freedom of expression. Article 2.C recognizes the right of a student to be “free from harassment or discrimination based on ․ sex.” That article also directs the aggrieved student to University policies on sexual harassment for further guidance and clari es that the IOA is responsible for inquiries regarding the University's nondiscrimination policies. Article 18, under the heading “Violation of Law and University Discipline,” describes the University's ability to hold a student accountable for his or her conduct that violates the law and the Student Code. The University can proceed against a student and not wait for the outcome of any prosecution: “If a violation of federal, state or local law occurs on campus and is also a violation of a published University regulation, the University may institute its own proceedings against an offender who may be subjected to criminal prosecution. Proceedings under the Code may be carried out prior to, simultaneously with or following civil or criminal proceedings without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution.” (Emphasis added.) Article 20, which falls under the heading “Privacy,” is situated between two articles describing a student's right to privacy and the protection of a student's educational records. It provides: “The University may not institute disciplinary proceedings unless the alleged violation(s) giving rise to the disciplinary action occurs on University premises or at University sponsored or supervised events, or as otherwise required by federal, state, or local law.” (Emphasis added.) Article 22 is under the heading “Conduct of Students and Organizations.” It describes when a student's nonacademic misconduct is subject to disciplinary action by the University. Violations of policies, rules, and regulations can lead to discipline: “Students ․ are expected to conduct themselves as responsible members of the University community. While on University premises or at University sponsored or supervised events, students and organizations are subject to disciplinary action for violations of published policies, rules and regulations of the University and Regents, and for the following offenses:․ (Emphasis added.) One of those offenses is described in Article 22.A.1, which states a student commits an offense against a person when a student “[t]hreatens the physical health, welfare, or safety of another person, places another person in serious bodily harm, or uses physical force in a manner that endangers the health, welfare or safety of another person; or willfully, maliciously and repeatedly follows or attempts to make unwanted contact, including but not limited to physical or electronic contact, with another person. This prohibition includes, but is not limited to, acts of sexual assault.” Article 22.F.2 describes the limitations of sanctioning a student for nonacademic misconduct and states: “No sanctions or other disciplinary measures may be imposed against a student ․ by the University concerning non-academic conduct other than that ․ prescribed in this code.” We turn to the University's policy prohibiting sexual harassment. It states: “Sexual harassment is a violation of ․ federal and state law. Speci cally, sexual harassment is a form of illegal discrimination in violation of ․ Title IX of the Education Amendments of 1972.” The policy further describes sexual harassment, in part, as: × Stay up to date with the latest on the law! “ ‘[C]onduct which includes physical contact, advances and comments made in person and/or by phone, text message, email or other electronic medium, that is unwelcome; based on sex or gender stereotypes; andSubscribe is so severe, pervasive and objectively Please enter your email address offensive that it interferes with a person's academic performance, employment or equal opportunity to participate in or bene t By submitting this form, you agree to FindLaw.com's terms (https://www. ndlaw.com/company/ ndlaw-terms-of-service.html). We from University programs or activities.’ “ respect your privacy (https://www.thomsonreuters.com/en/privacy-statement.html). This site are is protected by reCAPTCHA and Googlewith. 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