POL 11.35.01 - Code of Student Conduct
Authority: Board of Trustees
History: First Issued: February 17, 1990. Last Revised: April 20, 2012. Effective Date: May 21, 2012.
UNC Policy Manual 500.2 – Patent and Copyright Policies
UNC Policy Manual 700.4.1 - Minimum Substantive and Procedural Standards for Student Disciplinary Proceedings
UNC Policy Manual 700.4.2 - Policy on Student Conduct
UNC Policy Manual 700.4.3[G] - Guidelines on Student Disciplinary Proceedings: Meaning and Effect of “Expulsion”
UNC Policy Manual 1300.1 – Illegal Drugs
NCSU POL04.20.05 - Illegal Drugs
NCSU POL04.25.05 - Equal Opportunity and Non-Discrimination Policy Statement
NCSU REG01.25.02 – Copyright Infringement – Policy Statement
NCSU REG01.25.03 - Copyright Regulation - Copyright Implementation Pursuant to Copyright Use and Ownership Policy of the University of North Carolina
NCSU REG04.05.02 - Campus/Workplace Violence Prevention and Management
NCSU REG08.00.02 – Computer Use Regulation
NCSU REG11.35.02 - Student Discipline Procedures
NCSU REG11.35.03 - Graduate Student Discipline Procedures
NCSU REG11.55.06 - Recognized Student Organizations within the Division of Academic and Student Affairs (DASA): Regulation for Undergraduate Student Leadership
NCSU REG11.55.07 – Registered Student Organizations: Regulation for Undergraduate Student Leadership, Membership, and Registration
Contact Info: Director, Office of Student Conduct (919-515-2963)
All students at North Carolina State University (NC State) are responsible for conducting themselves in a manner that helps enhance an environment of learning in which the rights, dignity, worth, and freedom of each member of the academic community are respected. Violations of campus or University policies, rules or regulations, or federal, state, or local law may result in a violation of the Code of Student Conduct and imposition of sanctions.
This Code of Student Conduct (Code) establishes the expectations for student conduct in the University community. The Code, therefore, proscribes the types of behavior that adversely affects the University community, and the resulting actions that may be taken to both educate students about behavioral expectations and to protect NC State’s community. This Code and its accompanying Student Disciplinary Procedures describe the process to be followed when a student has been charged with a violation of the Code.
NC State embraces and strives to uphold the freedoms of expression and speech guaranteed by the First Amendment of the U.S. Constitution and the North Carolina Constitution. The University has the right under appropriate circumstances to regulate the time, place, and manner of exercising these and other constitutionally protected rights.
When used in the Code:
2.1 The terms Chancellor, Provost, Dean of the Graduate School, Dean of the College of Veterinary Medicine, Director, University Housing, Director, Office of Student Conduct, include their designees or appointees.
2.2 “Complainant” means an individual(s) making a complaint or a formal accusation against a student or group/organization. At hearings, the complainant is a designated university official who may offer information or documentary information to present a case of misconduct and/or call other witnesses to do so, and may be someone other than the individual who submitted the formal accusation against a student or group/organization.
2.3 “Course of Conduct” means two or more acts, including, but not limited to, acts in which the 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.
2.4 “Delivery” means sale, exchange or sharing of any kind.
2.5 “Electronic communication” means the transmission of information or communication by the use of the Internet, including any form of social media, a computer, facsimile machine, a pager, cellular telephone, a video recorder, or other electronic means sent to or directed at a person.
2.6 “Faculty member” means any person with a University designation of Professor, Associate Professor, Assistant Professor, Lecturer, Instructor, and shall include personnel of the United States armed forces during the time they are assigned under military orders to an ROTC program of a constituent institution of the University of North Carolina as a permanent change of station. For the purposes of this Code, graduate teaching assistants will also be included in this category.
2.7 “Group” means a number of persons who are associated with each other and who have not complied with University requirements for registration as a student organization.
2.8 “Organization” means a number of students who have complied with University requirements for registration or recognition.
2.9 “Protected class” means a group of people who share common characteristics and are protected from discrimination and harassment under federal and state laws, and/or University policy. The following protected class groups are protected by law and/or University policy: race, color, religion, national origin, gender, sexual orientation, gender-identity, disability, genetic information, creed, and veteran status.
2.10 “Reckless” means conduct which one should reasonably be expected to know would create a substantial risk of harm to persons or property or which would otherwise be likely to result in interference with normal University or University-sponsored activities.
2.11 “Staff member” shall mean a person whose employment obligations within the University of North Carolina renders the employee eligible for membership in the Teachers' and State Employees’ Retirement System of North Carolina, the Optional Retirement Plan or the Law-Enforcement Officers’, Firemen’s, Rescue Squad Workers’, and Civil Air Patrol Members’ Death Benefits Act established under NC Gen. Stat. § 143-166.1.
2.12 “Student” means any person from the time they accept admission to NC State through the date of their graduation. This includes but is not limited to: new students at Orientation, persons not currently enrolled but who are still seeking a degree from NC State, and any other person enrolled in a credit earning course offered by NC State. For purposes of exercising jurisdiction for university discipline, it also includes any person who has graduated if the University determines that his/her graduation or receipt of credit may have involved academic misconduct while he/she was working toward a degree.
2.13 “Student Conduct Referral” (SCR) refers to a document written by University Police or other University employees and given to a respondent that notifies them of the charges against them. The SCR may be amended to reflect additional charges or a more accurate description of charges by University Police or the Director, Office of Student Conduct, providing the respondent is notified in writing.
2.14 “University” means NC State and all of its undergraduate, graduate, and professional schools, colleges, and administrative units.
2.15 “University premises” means buildings or grounds owned, leased, operated, controlled or supervised by NC State.
2.16 “University-sponsored activity” means any activity on or off-campus which is initiated, aided, authorized, or supervised by the University or a University organization.
2.17 “Weapon” means any object, instrument, or substance used, attempted to be used, or capable of inflicting a wound, causing injury, or incapacitating and may include, but is not limited to: all firearms, pellet guns, paintball guns, tasers or stun guns, switchblade knives, bowie knives, chemicals such as “mace” or tear gas (if used in an illegal manner), any explosive agents, or any other object as defined in NC Gen. Stat. § 14-269.2.
2.18 “Without consent” means that an act was committed either by threat, coercion, force, or intimidation, or through the manipulation of the victim’s mental or physical ability such as when the victim is physically or mentally incapacitated by alcohol or other drugs. One who is incapacitated as a result of alcohol or other drug consumption (voluntary or involuntary), or who is unconscious, unaware, or otherwise unable or under the legal age to provide consent, is incapable of giving consent.
3. AUTHORITY FOR STUDENT DISCIPLINE
The Chancellor has the authority to impose disciplinary action on a student. The Chancellor may delegate such authority to University administrators or other officials as set forth in the Code or in other appropriate policies, regulations or rules.
4. DEFINITION OF MISCONDUCT
The definition of misconduct at NC State is set forth in this Code in order to give students general notice of prohibited conduct and is not designed to define misconduct in exhaustive terms.
5.1.1 Locations Included
The Code applies to conduct that occurs on University premises, at University-sponsored activities, and to off-campus conduct that adversely affects the University community, its mission, programs, or the pursuit of its objectives. The Provost shall determine whether off-campus conduct falls within the scope of application of the Code.
5.1.2 Persons Covered
The Code applies to all students as defined in section 2.12 above. The University may initiate a disciplinary action against a student who violates this Code or other applicable University policies, regulations or rules, federal, state or local law regardless of the actions taken by civil or criminal authorities or private litigants.
5.1.3 Violations of Law and Disciplinary Action
Students may be accountable to both civil authorities and to the University for acts that constitute violations of law and of this Code. Disciplinary action at the University will normally proceed while criminal proceedings are pending and cannot be challenged on the basis that criminal charges involving the same incident have been dismissed, resolved, or reduced. However, a student who faces criminal charges may choose to submit to interim sanctions, which may include suspension and/or eviction, while the criminal proceeding is pending. The interim sanctions will be imposed by the Director, Office of Student Conduct, without a hearing or ruling on the behavior in question, so as to protect the campus community while protecting the respondent from creating a record that may be used against him or her in criminal court. Once a criminal judgment has been rendered (including prayer for judgment), campus disciplinary action may proceed.
5.2 Student Groups or Organizations
5.2.1 A student group or organization and its officers may be held collectively or individually responsible for violations of this Code. Student groups and organizations may be charged with violations of the Code without regard to whether members of such groups or organizations are individually charged with violations arising from the same incidents.
5.2.2 A position of leadership in a student group or organization entails responsibility. Student officers cannot knowingly permit, condone or acquiesce in any violation of this Code by the group or organization.
5.2.3 The officers or leaders or any identifiable representative for a student group or organization may be directed by the Director, Office of Student Conduct, to take appropriate action designed to prevent or end violation of this Code by the group or organization. Failure to make reasonable efforts to comply with the Director’s directive shall be considered a violation of this Code, both by the officers, leaders, or representative for the group or organization and by the group or organization itself.
5.3 Additional Standards
Students in certain categories may also be subject to other University conduct codes. For example, students who are enrolled in the Graduate School, the College of Veterinary Medicine, student athletes, ROTC, or students who live in residence halls may be subject to additional standards of behavior.
6. STANDARDS OF CLASSROOM BEHAVIOR
The primary responsibility for managing the classroom environment rests with the faculty. Students who engage in any prohibited or unlawful acts, including those expressly prohibited by the instructor as a means of establishing classroom expectations, which result in disruption of a class, may be directed by the faculty member or University Police to leave the class for the remainder of the class period. If a disruptive student refuses to leave when the instructor tells him or her to do so, the instructor shall avoid a potential or actual altercation by leaving the classroom and calling University Police to remove the student. Longer suspensions from a class, or disenrollment on disciplinary grounds, must be preceded by a disciplinary conference or hearing via Extraordinary Intervention Procedures as described in the Student Discipline Procedures. This provision is not designed to be used as a means to punish differing academic interpretations of course content, but to address behavior that is contrary to or disruptive within the educational environment.
7. CASE REFERRALS
7.1 Any person may refer a student or a student group or organization suspected of violating this Code to the Office of Student Conduct. Charges should be filed in as timely a fashion as possible to ensure the opportunity for affecting behavior change. Failure to file charges in a timely fashion may result in the dismissal of the charges.
7.2 Allegations of violations occurring within residence halls should be referred to the appropriate hall or area staff from University Housing unless there are other aggravating circumstances present.
7.3 A University employee who refers a case is normally expected to serve as the complainant, and to present relevant information in disciplinary hearings or conferences. Students or others who refer cases may serve as witnesses in the disciplinary process while a designated University employee serves as a complainant. University Police may document behavior to the Office of Student Conduct via Student Conduct Referrals.
7.4 Persons wishing to withdraw charges against a student must do so in writing; however, the University reserves the right to pursue those charges that may impact the health, safety, and welfare of the campus community or might otherwise interfere with the educational mission of the University.
8. ACADEMIC MISCONDUCT
All members of the University community, students, faculty and staff, share the responsibility and authority to challenge and make known to the appropriate authority acts of apparent academic misconduct.
Faculty members must undertake a threshold responsibility for such traditional safeguards as examination security and proctoring and should clearly communicate their academic expectations in the course syllabus. The use of the Pack Pledge, “I have neither given nor received unauthorized aid on this test or assignment", on all syllabi, assignments, examinations, or other academic evaluations is encouraged. Similarly, faculty members should familiarize themselves with the procedures for addressing academic misconduct. The procedures for reporting academic misconduct can be found in NCSU REG11.35.02 - Student Discipline Procedures.
Definitions regarding academic misconduct are set forth in writing in order to give students general notice of prohibited conduct. They should be read broadly and are not designed to define academic misconduct in exhaustive terms. If a student is in doubt regarding any matter relating to the standards of academic integrity in a given course or on a given assignment, that student shall consult with the faculty member responsible for the course before presenting the work.
8.1 Aiding and Abetting
Aiding and abetting others to cheat or plagiarize is as detrimental to the scholarly community as engaging in the acts themselves. Aiding and abetting others to cheat or plagiarize includes but is not limited to the following:
(a) Giving unauthorized assistance to another or others during a test or evaluation;
(b) Posing as another student in order to meet a course or graduation requirement;
(c) Providing specific information about a recently given test, examination, or assignment to a student who thereby gains an unfair advantage in an academic evaluation;
(d) Providing aid to another person, knowing such aid is expressly prohibited by the instructor, in the research, preparation, creation, writing, performing, or publication of work to be submitted for academic evaluation;
(e) Permitting one's academic work to be represented as the work of another; or
(f) Sharing or distributing academic materials, including class notes, in violation of the UNC Policy Manual 500.2 – Patent and Copyright Policies or NCSU REG01.25.02 – Copyright Infringement – Policy Statement.
Cheating is the giving, taking, or presenting of information or material by a student that unethically or fraudulently aids oneself or another person on any work which is to be considered in the determination of a grade or the completion of academic requirements or the enhancement of that student's record or academic career. Cheating includes, but is not limited, to the following actions:
(a) Copying from someone else's assignment, examination, or other academic exercise;
(b) Possessing, buying, selling, removing, receiving, or using, at any time or in any manner not prescribed by the instructor, any information related to an instrument of academic evaluation;
(c) Using materials, equipment, or assistance in connection with an assignment, examination, or other academic exercise which have not been authorized by the instructor, including but not limited to, notes, calculator, or other technology;
(d) Obtaining or attempting to obtain in a dishonest manner any material relating to a student's academic work;
(e) Working with another or others in completing an assignment, examination, or other academic exercise when the instructor has required independent and unaided action;
(f) Attempting to influence or change an academic evaluation, grade, or record by unfair means;
(g) Permitting another student to substitute for one's self in an academic evaluation;
(h) Marking or submitting an examination or evaluation material in a manner designed to deceive the grading system;
(i) Failing to comply with a specific condition of academic integrity which has been clearly announced in a particular course;
(j) Submitting, without prior permission of the instructor, any work by a student which has at any time been submitted in identical or similar form by that student in fulfillment of any other academic requirement at any institution;
(k) Submitting of material in whole or part for academic evaluation that has been prepared by another individual(s);
(l) Submitting data which have been altered or contrived in such a way as to be deliberately misleading; or
(m) Providing false information to the University in any manner to achieve an unfair advantage, enhance one’s record, or complete a requirement.
8.3 Destruction or Removal of Academic Materials
The destruction or removal of academic materials denies access to, and prevents the ability to develop the full potential of, scholarly resources. Prohibited acts under this section include, but are not limited to, the following:
(a) Removing or attempting to remove, destroy, steal, or make inaccessible library or other academic material without authorization; or
(b) Willfully damaging the academic work or efforts of another.
Plagiarism is the use or close imitation of the language and thoughts of another and the representation of the other’s work as their own. The act of submitting work for evaluation or to meet a requirement is regarded as assurance that the work is the result of the student's own thought and study, produced without assistance, and stated in that student's own words, except as quotation marks, references, or footnotes acknowledge the use of other sources. Any ideas or materials taken from another source for either written or oral use must be fully and correctly acknowledged. Plagiarism includes, but is not limited, to the following actions:
(a) Representing the work of others as his or her own; or
(b) Submitting written materials without proper attribution or acknowledgment of the source.
9. SANCTIONS FOR ACADEMIC MISCONDUCT
Sanctions for academic misconduct result in the creation of a disciplinary file for individuals or groups. Sanctions are imposed to:
(a) Define a student or organization’s status at the University following a finding of responsible for a violation;
(b) Serve as a clear statement about University standards and expectations;
(c) Educate students on the effects of their behavior; and
(d) Attempt to affect a change in that behavior in the future.
Academic misconduct that involves advance planning, collaboration, falsification of papers, forms or documents, actual or potential harm to other students, or other aggravating circumstances may result in suspension or expulsion from the University. In addition, a student will be suspended (or expelled) if further academic misconduct is committed while he or she is on academic integrity probation. Where suspension is the minimum sanction to be imposed for a second instance of academic misconduct, a lesser sanction may be imposed at the Provost’s discretion only upon a showing of extraordinary circumstances by evidence and argument at the initial conduct process. Factors or circumstances affecting sanctions shall be considered on a case by case basis.
9.1 Academic Integrity Probation
A student found responsible for academic misconduct will usually be placed on academic integrity probation for the remainder of the student’s academic career. In addition, one or more of the sanctions listed below may be imposed.
9.2 Reduction in Grade
A reduction in grade on the assignment, examination, or academic exercise on which the violation occurred.
9.3 No Credit
No credit on the assignment, examination, or academic exercise on which the violation occurred, and/or no credit for the course.
9.4 Educational Exercises
Participation in an educational exercise regarding academic integrity.
Suspension is a separation from the University for a specified period of time. While suspended, the student shall not participate in any University-sponsored activity and will be trespassed from University premises. Exceptions to this trespass may be granted by the Provost based on the written petition of the student and for good cause. In cases where the student will complete graduation requirement during the current semester, suspension is to take effect immediately. In cases where a student will complete graduation requirements in either summer session I or II, the suspension period will include both summer sessions. Notations of the suspension will appear on the student’s transcript. Suspension notations on transcripts may be removed at a later date upon student petition to the Provost. However, a disciplinary file indicating suspension will be maintained by the Office of Student Conduct on a permanent basis.
Expulsion may be imposed in the most severe cases of academic misconduct. Expulsion is a recommendation that must be approved by the Provost and is the permanent separation of the student from the University, unless at a later date the Chancellor concludes on the basis of the former student’s petition and any supportive documentation that he or she should be approved for reinstatement at NC State. When expelled, the student shall no longer participate in any University-sponsored activity and will be trespassed from University premises. A disciplinary file indicating expulsion will be maintained by the Office of Student Conduct on a permanent basis and will result in a permanent transcript notation. The student’s name will be included in the UNC system database for suspended/expelled students. Expulsion precludes enrollment at any UNC constituent institution.
9.7 Additional Sanctions
Additional sanctions not listed above may be applied. These include, but are not limited to, required counseling, research and reflective writing assignments, as well as other non-academic sanctions listed in this Code. For graduate students, in addition to the sanctions imposed above, other sanctions may apply if the Dean of the Graduate School or the Dean of the College of Veterinary Medicine, as applicable, determines that the graduate student is subject to the policies and procedures established for the Graduate School or the College of Veterinary Medicine.
10. NON-ACADEMIC MISCONDUCT
Behavior that is subject to disciplinary action under this Code includes violations of federal, state or local law that threaten the safety or well-being of the campus community, any act that constitutes violent behavior, as defined in NCSU REG04.05.02 - Campus/Workplace Violence Prevention and Management, and any other behavior that adversely affects the University or its educational programs or mission. Attempts to commit acts prohibited by the Code may also be addressed through the conduct process. All members of the University community, students, faculty and staff, share the responsibility and authority to challenge and make known to the appropriate authority acts of apparent non-academic misconduct.
Examples of behavior that will be subject to disciplinary action include:
10.1 Alcohol Violations
(a) Possession and/or consumption of alcoholic beverages by a person under the age of 21;
(b) Possession or consumption of any alcohol beverage inside any University Athletic facility except on such occasions as designated by the Chancellor;
(c) Aiding and abetting the possession and/or consumption of alcoholic beverages by a person who is under the age of 21;
(d) Consumption of any alcoholic beverages where it is not legally permissible to do so, regardless of age;
(e) Any other violations of the NC State Alcohol Policy; or
(f) Conduct that could form the basis of any charge relating to a violation of North Carolina laws regarding the purchase, possession, manufacture, and consumption of alcoholic beverages or driving while under the influence.
10.2 Computer and Network Abuse
(a) Theft or misuse of University computing resources, including violations of NCSU REG08.00.02 – Computer Use Regulation;
(b) Violation of NCSU REG01.25.02 – Copyright Infringement – Policy Statement;
(c) Unauthorized entry into or transfer of an electronic file;
(d) Use of another person’s computing identification and/or password without authorization or permission;
(e) Use of computing facilities to interfere with the work of another student, faculty member, or other NC State employee;
(f) Use of computing facilities to send obscene or harassing messages; or
(g) Use of computing facilities to interfere with normal operations of the NC State computing system.
10.3 Creating a Safety Hazard
(a) Creating a safety hazard, including but not limited to, starting or attempting to start a fire or failing to exit a building when a fire alarm is sounded; or
(b) Tampering with or misusing fire and/or other life safety equipment, including fire alarms, or elevators.
10.4 Damage to Property
Engaging in an act that intentionally or recklessly damages, destroys, or defaces property of the University or another.
10.5 Disorderly Conduct
(a) Engaging in conduct that disrupts class including, but not limited to, the use of cell phones or other electronic devices for voice or text communication, unless permitted by the instructor;
(b) Participation in an on-campus or off-campus demonstration, riot, or activity that disrupts the normal operations of the University and/or infringes on the rights of other members of the University community;
(c) Leading or inciting others to disrupt scheduled and/or normal activities within any University building or other University premises;
(d) Obstruction that unreasonably interferes with freedom of movement or safe passage, either pedestrian or vehicular, on University premises;
(e) Conduct that is lewd, disruptive, or indecent;
(f) Engaging in conduct which disturbs the peace, order, or discipline at the University or University-sponsored activity;
(g) Any unauthorized use of electronic or other devices to make an audio or video record of any person without his/her prior knowledge, or without his/her consent when such a recording is likely to cause injury or distress; or
(h) Disruption or obstruction of teaching, research, administration, university programs, operations or other University-sponsored activities, including public service functions, on or off University premises, or other non-University activities when the act occurs on University premises.
10.6 Disruption of the Student Conduct Process
(a) Attempting to discourage an individual’s proper participation in, or use of, the conduct system;
(b) Attempting to influence the impartiality of the hearing officer, conduct board member, or appeal administrator;
(c) Harassment and/or intimidation of a hearing officer, conduct board member, or appeal administrator prior to, during, and/or after a student conduct proceeding; or
(d) Influencing or attempting to influence another person to commit an abuse of the conduct system.
10.7 Drug Violations
(a) Illegal possession or use of controlled substances as defined by the North Carolina General Statutes § 90-86 through § 90-113.8;
(b) Manufacturing, selling, or delivering any controlled substance or possession with intent to manufacture, sell or deliver any controlled substance;
(c) Misuse of any legal pharmaceutical drugs;
(d) Knowingly breathe or inhale any substance for the unlawful purpose of inducing a condition of intoxication; or
(e) Possession of drug-related paraphernalia, including but not limited to, pipes, bongs, hookahs and other water pipes.
10.8 Failure to Comply
(a) Failing to comply with the directions of University employees, including University Police in performance of their duties;
(b) Failing to submit identification upon request to duly authorized and properly identified University officials; or
(c) Failing to comply with the sanctions imposed under this Code.
Unauthorized possession or use of fireworks or explosive device on University premises.
Causing or permitting a person, incident to initiation into or membership in a society, club, athletic team, or similar group or organization, to participate in any activity that subjects or is likely to subject that person or others to risks of physical injury, mental distress, or personal indignities, or which destroys or removes public or private property, whether or not such person has consented to participation in the activity. Silent participation or acquiescence in the presence of hazing are not neutral acts; they are violations of this section.
(a) No student shall threaten, coerce, harass or intimidate another person or identifiable group of persons, based upon the person’s membership in a protected class; or
(b) No student shall engage in harassment that creates a hostile environment. Harassment that creates a hostile educational environment includes conduct that is
(i) Directed toward a particular person or persons;
(ii) Based upon the person’s membership in a protected class;
(iii) Severe or pervasive;
(iv) Objectively offensive; and
(v) So unreasonably interferes with the target person’s employment, academic pursuits, or ability to participate in University programs or University-sponsored activities as to effectively deny equal access to the University’s resources and opportunities.
In determining whether student conduct violates these provisions, all relevant facts and circumstances shall be considered. Care must be exercised in order to preserve freedoms of speech and expression, as articulated in current legal standards. Advice should be sought from the Office of General Counsel and the Office of Institutional Equity and Diversity, as appropriate.
10.12 Infliction or Threat of Bodily Harm
(a) Inflicting physical injury upon another person;
(b) Placing a person in fear of or at risk of physical injury or danger;
(c) Intentionally or recklessly causing any act that creates a substantial risk of bodily harm to another.
10.13 Providing False Information
(a) Intentionally initiating or causing to be initiated any known false report, warning or threat of fire, explosion or other emergency;
(b) Forgery, alteration, or misuse of any University document, records, or instrument of identification;
(c) Furnishing false information, oral or written, to any University official, faculty or staff member, or office; or
(d) Possession or use of an instrument of identification that is not one’s own or is fictitious or altered.
10.14 Sexual Misconduct
(a) Deliberate touching of another person’s sexual parts, or clothing covering them, without consent or the touching of another person with one’s sexual parts without consent;
(b) Deliberate sexual invasion of another person without consent;
(c) Deliberate constraint or incapacitation of another person, without that person’s knowledge or consent, so as to put another person at substantially increased risk of sexual assault; or
(d) Sexual exploitation or coercion of another person without consent.
(a) Engaging in a course of conduct directed at a specific person without legal purpose and the individual engaging in that conduct knows or should know that the course of conduct would cause a person to:
(i) Fear for the person’s safety or the safety of the person’s immediate family or close friends; or
(ii) Suffer substantial emotional distress by placing that person in fear of death or bodily injury.
(b) Using any words or language in an electronic communication that threatens to inflict bodily harm to any person or to any member of the person’s family or household, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person;
(c) Electronically communicating to another repeatedly, whether or not a conversation ensues, for the purpose of abusing, annoying, threatening, terrifying, or embarrassing any person; or
(d) Electronically communicating to another and to knowingly make false statement concerning death, injury, illness, disfigurement, indecent conduct, or of any member of the person’s family or household with the intent to abuse, annoy, threaten, terrify, or embarrass.
(a) Theft or attempted theft of property, money or services;
(b) Knowingly possessing, purchasing, or exchanging stolen or embezzled property, money or services;
(c) Unauthorized use or access to private or confidential information in any medium; or
(d) Unauthorized possession, duplication, or use of keys or card access to any University premises.
Unauthorized entry to University premises, including intruding upon, forcibly entering, or otherwise proceeding into unauthorized areas of University premises, or the residential space of another without permission.
10.18 Unauthorized Use of Property
Attempted or actual use of property of NC State, property of a University community member, or other personal or public property without proper authorization, or in a manner for which the property was not intended.
10.19 Violation of University Policies, Regulations, or Rules
Violation of any written policies, regulations, or rules of the University, as adopted by the University and as may be amended from time to time.
(a) Illegal or unauthorized possession of weapons on University premises or at University-sponsored activities; or
(b) Possession or use of weapons in any manner that harms, threatens, or causes fear to others.
Sanctions in this section result in the creation of a disciplinary file for individuals or groups. Sanctions are imposed to:
(a) Define a student or organization’s status at the University following a finding of responsible for a violation;
(b) Serve as a clear statement about University standards and expectations;
(c) Educate students on the effects of their behavior; and
(d) Attempt to affect a change in that behavior in the future.
Misconduct that involves substantial theft or fraud, significant physical damage to property, sexual misconduct, substantial physical, emotional or mental damage to persons, committed at least in part because of the victim’s membership in a protected class, or actions that create a substantial risk of bodily harm may result in suspension or expulsion from the University. Sanctions for drug-related misconduct are controlled by NCSU POL04.20.05 - Illegal Drugs.
Mitigating or aggravating factors or circumstances affecting sanctions shall be considered prior to imposing a sanction. Factors to be considered may include, but are not limited to: a student’s demonstration of insight for their misconduct, present demeanor and attitude, past disciplinary record of the student, community service or assistance related to the misconduct, the nature of the misconduct, as well as the degree of any damage, injury, or harm resulting from it. The Office of Student Conduct may upon initial review of the charges and accompanying narrative determine whether, if proved, the misconduct could result in sanctions of suspension or expulsion and schedule a hearing accordingly.
One or more of the sanctions listed below may be imposed for non-academic misconduct:
11.1 Written Warning
A Written Warning is a disciplinary reprimand that serves as notice that continuation or repetition of prohibited conduct may be cause for additional disciplinary actions.
11.2 Disciplinary Probation
Disciplinary Probation is a pre-suspension status. A student may be placed on disciplinary probation for a period no less than the remainder of the current semester up to the remainder of his or her academic career. If found responsible for a violation while on disciplinary probation, a student may face more severe sanctions up to and including suspension or expulsion.
Suspension is a separation from the University for a specified period of time. While suspended, the student shall not participate in any University-sponsored activity and will be trespassed from University premises. Exceptions to this trespass may be granted by the Provost based on the written petition of the student and for good cause. The student’s name will be included in the UNC System database for suspended/expelled students. In cases where the student will complete graduation requirement during the current semester, suspension is to take effect immediately. In cases where a student will complete graduation requirements in either summer session I or II, the suspension period will include both summer sessions. Notations of the suspension will appear on the student’s transcript. Suspension notations on transcripts may be removed at a later date upon student petition to the Provost. However, a disciplinary file indicating suspension will be maintained by the Office of Student Conduct on a permanent basis.
Expulsion is a recommendation that must be approved by the Provost and is a permanent separation of the student from the University, unless at a later date the Chancellor concludes on the basis of the former student’s petition and any supportive documentation that he or she should be approved for reinstatement at NC State. When expelled, the student shall no longer participate in any University-sponsored activity and will be trespassed from University premises. A disciplinary file indicating expulsion will be maintained by the Office of Student Conduct and will result in a permanent transcript notation. The student’s name will be included in the UNC System database for suspended/expelled students. Expulsion precludes enrollment at any UNC constituent institution.
11.5 Disciplinary Eviction
Disciplinary Eviction is the removal of the student from any University housing. Eviction may be for a period no less than the remainder of the current semester up to the remainder of the student’s academic career, at the discretion of the Director, University Housing. All costs incidental to eviction are the responsibility of the student. Students subject to eviction will be trespassed from entering all University housing.
11.6 Restriction of Privileges
Restriction of Privileges may be applied when the student’s violation(s) are related to the benefit that one receives as a student at NC State. Examples of privileges that may be restricted include, but are not limited to: attendance at University athletic events, use of Carmichael Gymnasium, visitation in University housing, or participation in intercollegiate athletic events. Some exceptions may be made to ensure access to primary University services such as food services, health care, or academic resources.
11.7 Additional Sanctions
Additional sanctions not listed above may be applied. Such sanctions, where appropriate, may include but are not limited to: service or research projects, required counseling, participation in special educational programs, restitution for damage to or destruction of property, relocation to another room or residence with coordination of appropriate University staff, behavioral contracts, trespass or no contact orders, etc. Additional group or organizational sanctions may include revocation or denial of registration or recognition.
12. EXTRAORDINARY INTERVENTION
At certain times, NC State may take immediate action to safeguard the University community before a student conduct process begins. These interim actions may be imposed effective immediately, without prior notice, when there is evidence that the continued presence of the student on University campus and/or in University Housing poses a substantial threat. The University may take immediate, interim actions in the following instances:
12.1 If credible information exists suggesting that the student:
(a) Is dangerous or disruptive, including danger to others;
(b) Has been charged with a serious crime or violation of NCSU POL04.20.05 - Illegal Drugs;
(c) Poses a threat of causing significant property damage; or
(d) Substantially impedes the lawful activities of other members of the campus community, or the educational processes or proper activities or functions of the University or its personnel.
12.2 If the Director, Office of Student Conduct, concludes in his or her professional judgment, that the student is suffering from a mental, emotional, or psychological health disorder, and as a result of this disorder, the student engages, or threatens to engage in behavior which:
(a) Poses a significant danger or threat of causing physical harm to others;
(b) Causes significant property damage; or
(c) Impedes the stability and continuance of normal University functions.
12.3 If, as a result of a mental disorder, a student accused of violating the Code:
(a) Lacks the capacity to respond to pending disciplinary charges; or
(b) Did not know the nature or wrongfulness of the conduct at the time of the offense; or
(c) Poses a significant risk to the health or safety of others.
In this instance the student will be diverted from the regular disciplinary process and suspended on an interim basis.
13. INTERPRETATIONS AND REVIEW
13.1 Any question of interpretation or application of the Code of Student Conduct shall be referred to the Provost for final determination.
13.2 The Code of Student Conduct shall be reviewed every three (3) years under the direction of the Director, Office of Student Conduct.