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Part I: Code of Student Conduct

B. Misconduct

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  • 1. Academic Misconduct

    Academic misconduct includes cheating, plagiarism, collusion, falsifying academic records, misrepresenting facts, violations of published professional ethics/standards, and any act or attempted act designed to give unfair academic advantage to oneself or another student.

    Additional information about academic misconduct is available in the Angelo State University Part II: Community Policies section.

    1. Cheating
      1. Copying from another student’s academic work, test, quiz, or other assignment.
      2. Receiving assistance from and/or seeking aid from another student or individual to complete academic work, test, quiz, or other assignment without authority.
      3. The use or possession of materials or devices during academic work, test, quiz or other assignment which are not authorized by the person administering the academic work, test, quiz, or other assignment.
      4. Possessing, using, buying, stealing, transporting, selling or soliciting in whole or in part items including, but not limited to, the contents of an un-administered test, test key, homework solution, or computer program/ software.
      5. Possession, at any time, of current or previous course materials without the instructor’s permission.
      6. Obtaining by any means, or coercing another person to obtain items including, but not limited to, an un-administered test, test key, homework solution or computer program/software, or information about an un-administered test, test key, homework solution or computer program.
      7. Transmitting or receiving information about the contents of academic work, test, quiz, or other assignment with another individual who has completed or will complete the academic work, test, quiz, or other assignment without authority.
      8. Substituting for another person, or permitting another person to substitute for oneself in order to take a course, take a test, quiz or other assignment or sign in/register attendance.
      9. Taking, keeping, misplacing, damaging or altering the property of the University or of another, if the student knows or reasonably should know that an unfair academic advantage would be gained by such conduct.
      10. Falsifying research data, laboratory reports, and/or other academic work offered for credit.
      11. Failing to comply with instructions given by the person administering the academic work, test, quiz or other assignment.
    2. Plagiarism
      1. The representation of words, ideas, illustrations, structure, computer code, other expression or media of another as one’s own and/or failing to properly cite direct, paraphrased or summarized materials.
      2. Self-plagiarism which involves the submission of the same academic work more than once without the prior permission of the instructor and/or failure to correctly cite previous work written by the same student.
    3. Collusion
      1. The unauthorized collaboration with another individual to complete academic work, test, quiz, or other assignment, providing unauthorized assistance to another student, allowing another student access to completed academic work, and/or conspiring with another person to commit a violation of academic dishonesty.
    4. Falsifying academic records
      1. Altering or assisting in the altering of any official record of the University and/or submitting false information.
      2. Omitting requested information that is required for, or related to, any official record of the University.
    5. Misrepresenting facts
      1. Providing false grades, falsifying information on a resume, or falsifying other academic information.
      2. Providing false or misleading information in an effort to injure another student academically or financially.
      3. Providing false or misleading information or official documentation in an effort to receive a postponement or an extension on academic work, test, quiz, other assignment, credit for attendance and/or obtain an academic or financial benefit for oneself or another individual.
    6. NOTE: Examples include, but are not limited to, fabricated, altered, misleading, or falsified documentation for medical excuses family and personal emergencies, and signing into class and failing to remain the entire time.

    7. Violation of Professional Standards
      1. Any act or attempted act that violates specific Professional Standards or a published Code of Ethics.

      NOTE: Students are held accountable under this policy based on their college or school of enrollment, declared major, degree program, and/or pre-professional program.

    8. Unfair Academic Advantage
      1. Any other action or attempted action that may result in creating an unfair academic advantage for oneself or may result in creating an unfair academic advantage or disadvantage for another student that is not enumerated in items a-f.

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  • 2. Actions Against Members of the University Community and Others

    Any act, or attempted act, perpetrated against another person or persons including, but not limited to:

    1. Disruptive and/or Obstructive Conduct
      Intentional or reckless behavior that disrupts or obstructs the normal operation of the University, its students, faculty, staff and/or University visitors.
    2. Harmful, Threatening, or Endangering Conduct

      Intentional or reckless behavior that harms, threatens, or endangers the physical or emotional health or safety of others, including but not limited to:

      1. Assault
        1. Intentionally or recklessly causing physical harm or endangering the health or safety of another person.
        2. Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
      2. Threats
        Written or verbal acts that would cause significant distress or fear in a reasonable person or that a reasonable person would interpret as a serious expression of intent to inflict harm upon any person, group of people, or damage to any property.
      3. Intimidation

        An implied threat or act that causes a reasonable fear of harm in another.

      4. Bullying/Cyber Bullying
        1. Repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally. Activities protected by freedom of speech will not be considered violations of the Code of Student Conduct.
        2. Severe, pervasive, and objectively offensive behaviors that intimidate or intentionally harm or control another person emotionally.

        NOTE: Information related to the freedom of expression policy is available in Part II, Section P: Use of University Space.

    3. Sexual Misconduct
      Sexual Misconduct is a broad term encompassing all forms of gender-based harassment or discrimination and unwelcome behavior of a sexual nature. The term includes sexual harassment, nonconsensual sexual contact, nonconsensual sexual intercourse, sexual assault, sexual exploitation, stalking, public indecency, interpersonal violence, sexual violence, and any other misconduct based on sex.
      1. Interpersonal Violence
        An offense that meets the definition of domestic violence or dating violence:
        1. Domestic Violence - Abuse or violence committed by a current or former spouse or intimate partner of the Reporting Party, by a person with whom the Reporting Party shares a child in common, by a person with whom the Reporting Party is cohabitating (or has cohabitated) with a spouse or intimate partner, by a person similarly situated to a spouse of the Reporting Party under the domestic or family violence laws of the State of Texas, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Texas.

          Domestic Violence is also defined in Texas Family Code, Chapter 71, Section 71.004
          http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.71.htm#71.004

        2. Dating Violence - Abuse or violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Reporting Party. The existence of such a relationship will be determined based on the Reporting Party’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence.

          Dating Violence is also defined in Texas Family Code, Chapter 71, Section 71.004
          http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.71.htm#71.004

      2. Public Indecency
        Engaging in private or sexual acts in a publicly viewable location, such that it is offensive to accepted standards of decency. Including, but not limited to:
        • Exposing one’s genitals or private area(s);
        • Public urination;
        • Defecation; and/or Public sex acts
      3. Sexual Assault
        Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Sexual Assault includes non-consensual sexual contact and non-consensual sexual intercourse.
        1. Non-Consensual Sexual Contact- Intentional sexual touching, however slight, with any object or part of one’s body of another’s private areas without consent. Sexual Contact includes:
          • Intentional contact with the breasts, buttock, groin, or genitals;
          • Touching another with any of these body parts;
          • Making another touch you or themselves with or on any of these body parts; or
          • Any other intentional bodily contact in a sexual manner.
        2. Non-Consensual Sexual Intercourse - Sexual penetration or intercourse, however slight, with a penis, tongue, finger, or any object, and without consent. Penetration can be oral, anal, or vaginal.
          The following offenses are examples of sexual assault:
          • Rape – The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Reporting Party.
          • Incest – Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
          • Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the Reporting Party, including instances where the Reporting Party is incapable of giving consent because of his/her age or because his/her temporary or permanent mental incapacity.
          • Statutory Rape – Non-forcible sexual intercourse with a person who is under the statutory age of consent.

          Sexual Assault is also defined in Texas Penal Code, Chapter 22, Section 22.011
          http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.011

      4. Sexual Exploitation
        Taking non-consensual or abusive sexual advantage of another for the benefit of oneself or a third party. Prohibited behavior includes, but is not limited to:
        1. Purposeful recording, distribution, or dissemination of sexual or intimate images or recordings of another person without that person’s knowledge or consent;
        2. Sexual voyeurism;
        3. Inducing another to expose one’s genitals or private areas;
        4. Prostituting another; or
        5. Knowingly exposing someone to or transmitting a sexually transmitted disease
      5. Sexual Harassment
        Unwelcome verbal, written, or physical conduct of a sexual nature when:
        1. Submission to such conduct is made either explicitly or implicitly a term or condition of employment or education;
        2. Submission to or rejection of such conduct is used as a basis for decisions affecting employment or education; or
        3. Such conduct has the purpose or effect of interfering with the individual’s work or educational performance or of creating an intimidating, hostile, or offensive working or educational environment, the complained of conduct must be either severe or pervasive.
        Examples of inappropriate behavior that may constitute unlawful sexual harassment or Sexual Misconduct include, but are not limited to:
        • Sexual teasing, jokes, remarks, or questions;
        • Sexual looks and gestures;
        • Communicating in a manner with sexual overtones;
        • Inappropriate comments about dress or physical appearance;
        • Inappropriate discussion of private sexual behavior;
        • Gifts, letters, calls, emails, online posts, or materials of a sexual nature;
        • Sexually explicit visual material (calendars, posters, cards, software, internet, or other multimedia materials);
        • Sexual favoritism;
        • Pressure for dates or sexual favors;
        • Unwelcome physical contact (touching, patting, stroking, rubbing);
        • Non-consensual video or audio taping of sexual activity;
        • Exposing one’s genitals or inducing another to expose his/her genitals;
        • Stalking;
        • Domestic or dating violence;
        • Non-consensual sexual intercourse, sexual assault, or rape; or
        • Other gender-based threats, discrimination, intimidation, hazing, bullying, stalking, or violence.
      6. Stalking
        A course of conduct directed at a specific person that would cause a reasonable person to fear for his/her own safety or the safety of others or would cause that person to suffer substantial emotional distress. A “course of conduct” means two or more acts in which a person directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a person’s property. “Reasonable person” means a reasonable person under similar circumstances and similarly situated to the Reporting Party. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

        Stalking is also defined in Texas Penal Code, Chapter 42, Section 42.072
        http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.42.htm#42.072

    4. Hazing
      Intentional, knowing, or reckless act directed against a student by one person acting alone or by more than one person occurring on or off University premises that endangers the mental or physical health or safety of a student for the purpose of pledging or associating with, being initiated into, affiliating with, holding office in, seeking and/or maintaining membership in any organization whose membership consists of students. Consent and/or acquiescence by a student or students subjected to hazing is not a reasonable defense in a disciplinary proceeding. Hazing includes, but is not limited to:
      1. Any type of physical brutality, such as whipping, beating, using a harmful substance on the body, or similar activity.
      2. Any type of physical activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health of safety of a student, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics.
      3. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects a student to an unreasonable risk of harm or which adversely affects the mental or physical health or safety of a student.
      4. Any activity that intimidates or threatens a student with ostracism, that subjects a student to extreme mental stress, shame or humiliation, adversely affects the mental health or dignity of a student, or discourages a student from entering or remaining enrolled at the University, or may reasonably be expected to cause a student to leave the organization or the University rather than submit to acts described above.
      5. Any activity in which a person solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing; intentionally, knowingly, or recklessly permits hazing to occur; has firsthand knowledge of the planning of a specific hazing incident which has occurred and knowingly fails to report the incident in writing to the Office of Student Affairs.
      6. Any activity in which hazing is either condoned or encouraged or any action by an officer or combination of members, pledges, associates, or alumni of the organization of committing or assisting in the commission of hazing.
      7. Any activity that involves coercing a student to consume an alcoholic beverage, liquor, or drug, or creates an environment in which the student reasonably feels coerced to consume any of those substances.
    5. Discriminatory Harassment
      Conduct based on a student’s sex, race, national origin, religion, age, disability, sexual orientation, or other protected categories, classes, or characteristics that is sufficiently severe, persistent, or pervasive that it adversely affects the victim’s education or creates an intimidating, hostile, abusive, or offensive educational environment which interferes with the student’s ability to realize the intended benefits of the University’s resources and opportunities.
    6. Retaliatory Discrimination or Harassment
      Conduct based on a student’s sex, race, national origin, religion, age, disability, sexual orientation, or other protected categories, classes, or characteristics that is sufficiently severe, persistent, or pervasive that it adversely affects the victim’s education or creates an intimidating, hostile, abusive, or offensive educational environment which interferes with the student’s ability to realize the intended benefits of the University’s resources and opportunities.
    7. Complicity
      1. Assisting, via acts or omission, another student, individual, or group in committing or attempting to commit a violation of the Code of Student Conduct, specifically violations that constitute Actions Against Members of the University Community.
      2. Complicity with or failure of any organized group to address known or obvious violations of the Code of Student Conduct by its members, specifically Actions Against Members of the University Community.

      NOTE: Actions involving free expression activities are covered in Part II: Community Policies, Section G: Freedom of Expression.

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  • 3. Alcoholic Beverages

    1. Use, possession, sale, delivery, manufacture or distribution of alcoholic beverages that would constitute a violation of any federal, state, local law, and/or Angelo State University policy.
    2. Being under the influence of alcohol and/or intoxication as defined by federal, state, local law and/or Angelo State University policy.

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  • 4. Narcotics or Drugs

    1. Use, possession, sale, delivery, manufacture or distribution of any narcotic, drug, and/or medicine prescribed to another person, chemical compound or other controlled substance or drug paraphernalia that would constitute a violation of any federal, state, local law, and/or Angelo State University policy.
    2. Possession of drug-related paraphernalia that would constitute a violation of any federal, state, local law and/or Angelo State University policy.
    3. Being under the influence of narcotics, drugs, medicine prescribed to another person, chemical compound or other controlled substance that would constitute a violation of any federal, state, local law and/or Angelo State University policy.

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  • 5. Smoking/Tobacco

    Smoking in unauthorized areas on University property as designated by the Angelo State University Smoke/Tobacco-Free Environment policy (OP 34.23 Smoke/Tobacco-Free Environment)..

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  • 6. Firearms, Weapons, and Explosives

    Use or possession of any items used as weapons, including, but not limited to, handguns, firearms, ammunition, fireworks, pellet guns, paintball guns, BB guns, knives, tasers, or explosive or noxious materials on University premises that would constitute a violation of any federal, state, local law and/or Angelo State University policy (OP 02.10 Concealed Carry of Handguns on Campus).

    See the RESIDENCE HALL HANDBOOK for specific approved devices allowed in the residence halls.

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  • 7. Flammable Materials/Arson

    1. Use or possession of flammable materials, including incendiary devices or other dangerous materials, or substances used to ignite, spread, or intensify flames for fire, except as expressly permitted by University officials.
    2. Attempting to ignite and/or the action of igniting University and/or personal property on fire either by intent or through reckless behavior that results, or could result, in personal injury or property damage of University premises.

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  • 8. Theft, Damage, Littering or Unauthorized Use

    1. Attempted or actual theft of property or services of the University or of another. 
    2. Possession of property known to be stolen or belonging to another person without the owner’s permission.
    3. Attempted or actual damage to property owned or leased by the University by other University students, other members of the University community, or campus visitors.
    4. Littering (as defined by the State of Texas Health and Safety Code, Section 365.011.6) on grounds owned or leased by the University, by other University students, other members of the University community, or campus visitors.
    5. Attempted or actual unauthorized use of a credit card, debit card, student identification card, cell phone, personal identification number, test number, OneCard account information and/or personal check, or other unauthorized use of personal property or information of another.
    6. Alteration, forgery or misrepresentation of any form of identification.
    7. Possession or use of any form of false identification.
    8. Failure to meet financial obligations owed to the University, or components owned or operated by the University, including, but not limited to, the writing of checks from accounts with insufficient funds.

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  • 9. Gambling, Wagering, Gaming, and/or Bookmaking

    Gambling, wagering, gaming and bookmaking as defined by federal, state and/or local laws, and/or Angelo State University policy are prohibited on University premises involving the use of University equipment or services.

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  • 10. False Alarms or Terroristic Threats

    Intentional sounding of a false fire alarm, falsely reporting an emergency or terroristic threat in any form, issuing a bomb threat, constructing mock explosive devices, destruction or activation of fire sprinklers, filing false police reports, or improperly possessing, tampering with or destroying fire equipment or emergency signs on University premises.

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  • 11. Unauthorized Entry, Possession, or Use

    1. Unauthorized entry into or use of University premises or equipment including another student’s room.
    2. Unauthorized possession, use, duplication, production or manufacture of any key or unlocking device, University identification card or access code for use on University premises or equipment.
    3. Unauthorized use of the University name, logo, registered marks or symbols; however, registered student organizations are permitted to use the complete statement “a registered student organization at Angelo State University.”
    4. Unauthorized use of the University name to advertise or promote events or activities in a manner that suggests sponsorship and/or recognition by the University.

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  • 12. Failure to Comply

    1. Failure to comply with reasonable directives and/or requests of a University official acting in the performance of his or her duties.
    2. Failure to present student identification on request or identify oneself to any University official acting in the performance of his or her duties.
    3. Failure to comply with the sanctions imposed by a Student Conduct Officer/Investigator under the Code of Student Conduct or the Student Handbook.

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  • 13. Abuse, Misuse, or Theft of University Information Resources

    Unauthorized use of University information resources is prohibited, and may be subject to criminal prosecution in addition to disciplinary sanctions pursuant to the Code of Student Conduct. “Information resources” means procedures, equipment and software, regardless of location, that are employed, designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit University information, and associated personnel, including consultants and contractors, regardless of whether the personnel are employed by the University or retained as independent contractors. Usage of Angelo State University information resources may be subject to security testing and monitoring, and users have no expectation of privacy except as otherwise provided by applicable privacy laws. Use of information resources is also subject to the Information Technology Operating and Security Policy (OP 44.00), University Operating Policies, and other applicable laws. Abuse, misuse, or theft of University information resources includes, but is not limited to the following:

    1. Unauthorized use of University information resources including, but not limited to, private information and passwords, including the unauthorized sharing of private information or passwords with individuals who otherwise have no authority to access University information resources.
    2. Use of University information resources for unauthorized or nonacademic purposes including, but not limited to, illegal access, attempted or actual unauthorized accessing, copying, transporting or installing programs, records, data, or software belonging to the University, another user, or another entity, and/or illegal activity (e.g., sharing copyrighted materials or media).
    3. Using University information resources to violate Part I, section B.2 (Actions against Members of the University Community and Others).
    4. Attempted or actual breach of the security of another user’s account and/or computing system, depriving another user of access to Angelo State University information resources, compromising the privacy of another user or disrupting the intended use of Angelo State University information resources.
    5. Attempted or actual use of the Angelo State University information resources for unauthorized political or commercial purposes, or for personal gain.
    6. Access, creation, storage, or transmission of material deemed obscene (as defined by Chapter 43 of the State of Texas Penal Code on Public Indecency or other applicable laws). Exceptions may be made for academic research where this aspect of the research has the written consent of the Department Chair. Discovery of obscene material, including child pornography, on any Angelo State University information resource must be reported to the Chief Information Officer immediately.
    7. Attempted or actual destruction, disruption or modification of programs, records or data belonging to or licensed by the University or another user or destruction of the integrity of computer-based information using Angelo State University information resources.
    8. Attempted or actual use of Angelo State University information resources to interfere with the normal operation of the University.
    9. Intentional “spamming” of students, faculty or staff (defined as the sending of unsolicited and unwanted electronic communications, including but not limited to e-mails and text messages to parties with whom the sender has no existing business, professional or personal acquaintance) using Angelo State University information resources.

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  • 14. Providing False Information or Misuse of Records

    Knowingly furnishing false information to the University, to a University official in the performance of his or her duties, or to an affiliate of the University, either verbally or through forgery, alteration or misuse of any document, record or instrument of identification.

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  • 15. Skateboards, Rollerblades, Scooters, Bicycles, or Similar Modes of Transportation

    Use of skateboards, rollerblades, scooters, bicycles or other similar modes of transportation in University buildings or on University premises in such a manner as to constitute a safety hazard or cause damage to University or personal property.

    Refer to University Parking Services regulations at:  http://www.angelo.edu/services/parking_services/

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  • 16. Violation of Published University Policies, Rules or Regulations

    Violation of any published University policies, rules or regulations that govern student or student organization behavior, including, but not limited to, violations of University Operating Policies and Procedures and Texas Tech University System Regents’ Rules.

    1. University Parking Services
    2. Housing and Residential Programs
    3. Student Life
    4. Multicultural and Student Activities Programs
    5. University Recreation
    6. Texas Tech University System Board of Regents’ Rules
    7. Angelo State University Operating Policies and Procedures
    8. Community Policies of the Student Handbook (Part II)

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  • 17. Violation of Federal, State, Local Law and/or University Policy

    Misconduct which may constitute a violation of federal state, local laws, and/or Angelo State University policy will be considered a violation of this policy and will be investigated and adjudicated through the University conduct system and standard of proof. A lack of conviction in any criminal proceeding will not, in and of itself, serve as evidence in a University conduct proceeding.

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  • 18. Abuse of the Discipline System

    1. Failure of a student to respond to a notification to appear before a Student Conduct Officer/Investigator during any stage of the conduct process.
    2. Falsification, distortion, or misrepresentation of information in disciplinary proceedings.
    3. Disruption or interference with the orderly conduct of a disciplinary proceeding.
    4. Filing an allegation known to be without merit or cause.
    5. Discouraging or attempting to discourage an individual’s proper participation in or use of the disciplinary system.
    6. Influencing or attempting to influence the impartiality of a member of a disciplinary body prior to and/or during the disciplinary proceeding.
    7. Influencing or attempting to influence another person to commit an abuse of the discipline system.

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