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:  September 20, 2013.

Related Policies: 
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

Additional References:
NC Gen. Stat. § 14-269.2
NC Gen. Stat. § 143-166.1
NC Gen. Stat. § 90-86 through § 90-113.8
Title IX Website



Contact Info: Director, Office of Student Conduct (919-515-2963) 

Additional Contact Info:
Title IX Coordinator jgwoodar@ncsu.edu (919) 515-4559
Deputy Title IX Coordinator (Complaints/Investigations/Training) accircos@ncsu.edu (919) 513-1234
Deputy Title IX Coordinator (Athletics) swmlee2@ncsu.edu (919) 515-5076
Deputy Title IX Coordinator (Student Development, Health & Wellness) lpzapata@ncsu.edu (919) 513-3403


 

1.         INTRODUCTION

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 regulation, NCSU REG 11.35.02 (Student Discipline 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.

2.         DEFINITIONS

The terms defined in the Student Discipline Procedures (Procedures) shall have the same meaning when used in the Code and are incorporated here by reference. 

3.          AUTHORITY FOR STUDENT DISCIPLINE

The Chancellor has the authority to establish procedures and impose disciplinary action on a student or student group/organization.  The Chancellor may delegate such authority to University administrators or other officials.

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.         SCOPE

5.1 Locations Covered

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 the Code.

5.2 Persons Covered

The Code applies to all students as defined in the Procedures.  The university may initiate a disciplinary action against a student alleged to have violated the Code or other applicable University policies, regulations or rules, or federal, state or local law regardless of the actions taken by civil or criminal authorities or private litigants.

5.3 Violations of Law and Disciplinary Action

Students may be accountable to the university and to criminal or civil authorities 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 without a hearing or ruling on the charges under the Code, in order to meet the needs of the campus community, but 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 against a student (including prayer for judgment), the university’s disciplinary process may proceed.

5.4 Student Groups or Organizations

5.4.1 A student group/organization and its officers may be held collectively or individually responsible for violations of the Code.  Student groups/organizations may be charged with violations of the Code without regard to whether members of such groups/organizations are individually charged with violations arising from the same misconduct.

5.4.2 A position of leadership in a student group/organization entails responsibility.  Student officers or leaders cannot knowingly permit, condone or acquiesce in any violation of the Code by the group/organization.

5.4.3 The officers or leaders or any identifiable representative for a student group/organization may be required by the Director to take appropriate action designed to address the violation of the Code or to prevent its recurrence by the student group/ organization.  Failure to comply with the Director’s directive shall be considered a violation of the Code, both by the officers, leaders, or representative for the student group/ organization and by the student group/organization itself.

5.5 Additional Standards

Students in certain categories may also be subject to other University behavioral standards.  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 unlawful acts or behaviors 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 faculty member tells him or her to do so, the faculty member should leave the classroom and call University Police to remove the student.  This provision regarding classroom behavior is not to be used to punish students with differing academic interpretations of course content, but to address behavior that is disruptive within the educational environment.

7.         REPORTS OF MISCONDUCT

7.1 Any person may report alleged misconduct by a student or a student group/organization to the Office of Student Conduct.   Misconduct should be reported in as timely a manner as possible.  Failure to report misconduct in a timely manner can affect the ability to gather the information needed to assess whether the conduct would constitute a violation of the Code and to support the filing of a charge pursuant to the Code.  In some cases, a delay in reporting may result in no charges being filed against the student or student group/organization.

7.2 Any person who reports possible misconduct by a student or a student group/organization is a “complainant,” for purposes of initiating an investigation of the reported misconduct, however, a designated University official (who may or may not have been the original “complainant”) serves as the “complainant” at any hearing.              

7.3 Misconduct by a student or a student group/organization occurring within university housing should be reported to University Housing.

7.4 Persons wishing to withdraw a report of misconduct against a student or student group/organization must do so in writing. The university specifically reserves the right to pursue charges against a student or student group/organization for violations of the Code that threaten the safety or well-being of the campus community, constitute violent behavior  as defined in NCSU REG04.05.02 - Campus/Workplace Violence Prevention and Management, or any other behavior that adversely affects the university or its educational programs or mission.  

8.         ACADEMIC MISCONDUCT

All members of the University community, students, faculty and other employees, have the responsibility to report academic misconduct to the appropriate authority.

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 must 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 faculty member, 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.

8.2 Cheating

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 faculty member, 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 faculty member, 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 faculty member has required independent and unaided action;

(f)  Attempting to influence or change an academic evaluation, grade, or record by unfair means;

(g)  Permitting another individual 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 faculty member, 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.

8.4 Plagiarism

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.  Submission of work used previously must first be approved by the faculty member.  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.

9.5 Suspension

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.

9.6 Expulsion

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 imposed.  These include, but are not limited to, required counseling, research and reflective writing assignments, as well as other non-academic sanctions listed in the 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 the Code includes alleged 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 other employees, have the responsibility to report  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 faculty member;

(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.

Further information regarding drug violations is discussed in NCSU POL04.20.05 - Illegal Drugs and through UNC Policy Manual 1300.1 – Illegal Drugs.

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.

10.9  Fireworks

Unauthorized possession or use of fireworks or explosive device on University premises.

10.10  Hazing

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.

10.11 Harassment

(a)  No student shall threaten, coerce, or intimidate another person or identifiable group of persons, based upon membership in a protected class as prescribed in NCSU POL 04.25.05 (Equal Opportunity and Non-Discrimination Policy); or

(b)  No student shall engage in harassment as defined by NCSU POL 04.25.05 (Equal Opportunity and Non-Discrimination Policy).  Charges of sexual harassment are covered separately under section 10.15 of this policy.

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;

(b)  Placing another in fear of, or at risk of, physical injury or danger; or

(c)  Intentionally or recklessly acting in a manner 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 Relationship Violence

Conduct arising out of a personal, intimate relationship that:

(a)  Inflicts physical injury upon another person; or

(b)  Places another in fear of, or at risk of, physical injury or danger.

10.15 Sexual Misconduct

Sexual Misconduct includes:

(a)  Sexual Harassment, as defined in NCSU POL 04.25.05 (Equal Opportunity and Non-Discrimination Policy).  Sexual harassment may include, for example, unwelcome sexual advances and sexual favors.  Sexual harassment also includes acts of sexual violence.

(b)  Sexual Exploitation, which is taking sexual advantage of another person without consent, and includes, but is not limited to, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over the other person; causing the prostitution of another person; recording, photographing or transmitting identifiable images of private sexual activity and/or the intimate parts (including genitalia, groin, breasts or buttocks) of another person; and allowing third parties to observe private sexual acts.

(c)  Sexual Contact (without consent), which is the deliberate touching of a person’s intimate parts (including genitalia, groin, breast or buttocks or clothing covering any of those areas); or the deliberate touching of another person with one’s intimate parts; or using force to cause a person to touch his/her own or another person’s intimate parts. 

(d)  Sexual Intercourse (without consent), which is the penetration (anal, oral or vaginal) of a person by a penis, tongue, finger or an inanimate object; or

(e) Retaliation (including threats, harassment, intimidation, coercion) against a person because he/she filed a complaint alleging sexual misconduct or participated in an investigation or procedure involving charges of sexual misconduct.

10.16 Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to feel fear.   Stalking may include, for example, non-consensual communication, including in-person communication or contact, surveillance, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on web sites, written letters, gifts or any other communications that are undesired and/or place another person in fear.

10.17  Theft

(a)  Stealing or attempting to steal another’s 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.

10.18  Trespass

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.

10.19  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.

10.20  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.

10.21  Weapons

(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.

11.       SANCTIONS

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, relationship violence, stalking, 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 governed 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 his or her 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.

11.3  Suspension

Suspension is a separation from the university for a specified period of time after which the student may be eligible to return.  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.

11.4  Expulsion

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  Eviction

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 Complex, 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 specifically listed above may be imposed.  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.       INTERIM ACTIONS

In certain circumstances, NC State may take one or more interim actions to safeguard the university community before a student conduct process begins or is completed.  These interim actions may be imposed effective immediately, without prior notice, when, in the university’s judgment, there is a need to implement an individualized response based on the status of the student, the seriousness of the alleged violation(s) of the Code and/or the potential for an ongoing threat or disruption to the University community.  The university may take interim actions as follows:

12.1 Extraordinary Measure: Interim Suspension

An extraordinary measure in the form of an interim suspension is a diversion from the regular disciplinary process, but may be necessary to ensure the safety and well-being of the campus community.  Students subjected to an interim suspension will be accorded a hearing as provided for in the Procedures. 

12.1.1 A student may be suspended on an interim basis, if the student:

(a) Poses an ongoing threat of disruption of, or interference with, the normal operations of the university;

(b) Poses a threat of causing physical harm to others or of placing others in fear of imminent danger;

(c) Poses a threat of causing significant property damage;

(d) Threatens the safety or well-being of the campus community;

(e) Has been charged with a violation of NCSU POL04.20.05 - Illegal Drugs; or

(f) Has been charged with relationship violence, sexual misconduct, or stalking and there is a need to separate the respondent from campus.

12.1.2  A student may be suspended on an interim basis if the Director, in his or her professional judgment, finds that the student is suffering from a mental, emotional, or psychological disorder, and as a result of this disorder, the student has engaged in, or threatens to engage in behavior which:

(a)  Causes physical harm to others or would place others in fear of imminent danger;

(b)  Causes significant property damage; or

(c)  Causes disruption of, or interference with the normal operations of the university.

12.1.3 A student may be suspended on an interim basis, if, as a result of a mental disorder, a student charged with a violation of the Code:

(a)  Lacks the capacity to respond to pending disciplinary charges;

(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.

12.2  Other Interim Actions

The university may take interim actions other than suspension to ensure the safety and well-being of the campus community including, but not limited to, “no contact” orders, relocation in University housing, and adjustments to class schedules.  Any interim actions taken may not be used as evidence to support charges under the Code.   

13.       INTERPRETATIONS AND REVIEW

13.1 Any question of interpretation or application of the Code will be referred to the Provost for final determination.

13.2 The Code shall be reviewed every three (3) years under the direction of the Director and in consultation with other campus units as appropriate.