Authority: Board of Trustees
History: First Issued: February 17, 1990. Last Revised: July 15, 2020, with an Effective Date of August 14, 2020.
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 theDivision 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 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 certain circumstances to regulate the time, place, and manner of exercising these and other constitutionally protected rights.
The terms defined in the Procedures shall have the same meaning when used in the Code and are incorporated 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.
5.1 Locations Covered
Unless otherwise prohibited by law, the Code applies to conduct that occurs on University Premises, in University programs and activities, and to off-campus conduct (whether in NC, another state or a foreign country) that adversely affects the university community, its mission, programs, the pursuit of its objectives, or poses a serious risk of danger to, or disruption or interference with, a member of the university community. The Vice Chancellor and Dean of Academic and Student Affairs shall determine whether the Code applies to off-campus conduct.
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. Unless otherwise prohibited by law, this Code also applies to students outside a specific term, such as summer, and may cover those not currently enrolled but still eligible to seek a degree.
5.3 Violations of Law and Disciplinary Action
Students may be accountable to the university and/or to criminal or civil authorities for acts that constitute violations of law and of this Code. The university has the right to proceed with its disciplinary procedures regardless of whether a criminal investigation/charges are pending and regardless of whether criminal charges involving the same incident have been dismissed, resolved, or reduced. However, a student who faces criminal charges or is the subject of a criminal investigation, may temporarily defer Student Conduct proceedings while the criminal matter is pending. In such a circumstance, the student may be subject to certain interim actions intended to protect the campus community during the pendency of criminal proceedings. The interim actions will be determined by the Director without a hearing or a ruling on the charges under the Code and could include an interim suspension and/or removal from University housing facilities.
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 incident.
5.4.2 A position of leadership in a Student Group/Organization comes with an expectation of 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.
5.4.4 The procedures outlining the process for responding to alleged violations by Student Groups/Organizations can be found in NCSU REG11.35.02 – Student Discipline Procedures.
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 university housing may be subject to additional standards of behavior.
5.6 Howl for Help: Health and Safety Intervention
The university encourages students to engage in responsible bystander behaviors. In cases of intoxication, overdose, and/or alcohol poisoning, the university’s primary concern is the health and safety of those involved. No student seeking medical treatment for an alcohol or other drug overdose will be charged with specific violations of the Code related to the possession and/or consumption of alcoholic beverages or drugs. The procedures outlining the Howl for Help: Health and Safety Intervention process can be found in NCSU REG11.35.02 – Student Discipline Procedures.
6. STANDARDS OF CLASSROOM BEHAVIOR
The primary responsibility for managing the classroom environment, whether in-person or online, 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 them to do so, the faculty member should 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 or viewpoint, but to address behavior that is disruptive within the educational environment, including impact to other students.
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 Misconduct by a student or a Student Group/Organization occurring within university housing facilities should be reported to University Housing.
7.3 Unless otherwise prohibited by law, 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. Attempts to commit acts prohibited by the Code may also be addressed through the conduct process. 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.
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.
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 their 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 may be suspended (or expelled) if further Academic Misconduct is committed while they are on academic integrity probation. 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 may 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, after which the student may be eligible to return. While suspended, the student shall not participate in any University Program or Activity and will be trespassed from University Premises. Exceptions to this trespass may be granted by the Director of the Office of Student Conduct based on the written petition of the student and for good cause. In cases where the student will complete graduation requirements during the current semester, suspension may take effect immediately, or at the Hearing Officer’s determination. In addition, graduating students may have a disciplinary notation placed on their transcript or have their transcript withheld for the period of the suspension. In cases where a student will complete graduation requirements in either summer session I or II, the suspension period may 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 Vice Chancellor and Dean of Academic and Student Affairs. However, a disciplinary file indicating suspension will be maintained by the Office of Student Conduct on a permanent basis. The student’s name will be included in the UNC system database for suspended/expelled students.
Expulsion may be imposed in the most severe cases of Academic Misconduct. Expulsion is a recommendation that must be approved by the Vice Chancellor and Dean of Academic and Student Affairs 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 they should be approved for reinstatement at NC State. When expelled, the student shall no longer participate in any University Program or 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, behavioral assessments, 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 NCSU POL 04.20.02 – 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 Information Technology Resources (IT) or State Property, 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 University IT Resources to interfere with the work of another student, faculty member, or other NC State employee;
(f) Use of University IT Resources to send obscene or harassing messages; or
(g) Use of University IT Resources to interfere with normal operations of the NC State computing system.
10.3 Creating a Safety Hazard
Any act that intentionally or recklessly creates a safety hazard, including but not limited to:
(a) Starting or attempting to start a fire or failing to exit a building when a fire alarm is sounded;
(b) Tampering with or misusing fire and/or other life safety equipment, including fire alarms, closed circuit televisions, or elevators;
(c) Failing to comply with campus traffic laws while on a pedestrian conveyance (bicycle, skateboard, scooter, etc.); or
(d) Throwing objects from an elevated position in the direction of persons below.
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) Conduct that disrupts, interrupts or attempts to force the cancellation of any University-Sponsored Activity or authorized non-University activity, including educational activities, meetings, ceremonies, scheduled events, essential University processes, and authorized solicitation activities;
(c) Obstruction that unreasonably interferes with freedom of movement or safe passage, either pedestrian or vehicular, on University Premises;
(d) Conduct that is lewd or indecent; or
(e) Any unauthorized use of electronic or other devices to make an audio or video record of any person without their prior knowledge, or without their consent when such a recording is likely to cause injury or distress.
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;
(d) Influencing or attempting to influence another person to commit an abuse of the conduct system; or
(e) Retaliation (including threats, harassment, intimidation, coercion) against a person because they filed a complaint alleging a violation of the Code or participated in an investigation or procedure involving the alleged violation.
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, all equipment, products and materials of any kind that are used to facilitate, or intended or designed to facilitate, violations of 10.7(a) of this Policy or NCSU POL04.20.05 – 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.
Unauthorized possession or use of fireworks or explosive device on University Premises.
Any activity related to organizational membership or potential membership that intentionally, recklessly, or negligently humiliates, degrades, abuses, or otherwise creates a risk of mental or physical harm or discomfort, or unreasonably interferes with a student’s academic activities or successes. Consent or lack of intent are not defenses to charges under this Section.
10.11 Harassment and Discrimination
(a) No student shall threaten, coerce, harass, or intimidate another person or identifiable group of persons, in a manner that is unlawful or in violation of any University policy, while on University Premises or in University programs and activities based in whole or in part upon any of the protected statuses included in NCSU POL 04.25.05 – Equal Opportunity, Non-Discrimination and Affirmative Action Policy.
(b) No student shall engage in unlawful discrimination or harassment as defined by NCSU POL 04.25.05 – Equal Opportunity, Non-Discrimination and Affirmative Action Policy, including but not limited to:
(i) unwelcome conduct based on a person’s protected status as defined in NCSU POL 04.25.05 – Equal Opportunity, Non-Discrimination and Affirmative Action Policy that creates a situation where enduring the offensive conduct becomes a condition of participation in a University program or activity; or
(ii) where the conduct is sufficiently severe or pervasive to create an environment that a reasonable person would consider intimidating, hostile, or abusive.
All relevant circumstances are examined as part of this determination, including but not limited to, whether the conduct is verbal, physical, or electronic; the frequency of the conduct; the severity of the conduct; the protected status and relationship of the individuals involved; whether the conduct was physically or psychologically threatening or humiliating; whether the conduct unreasonably interfered with work performance (for employees) or academic performance (for students). When sufficiently severe, a single instance of unwelcome conduct may constitute harassment under this policy.
Charges of sexual harassment are covered separately under section 10.15 of this policy.
To the extent there are any differences in the definition of harassment in this policy and POL 04.25.05, POL 04.25.05 controls.
10.12 Infliction or Threat of Bodily Harm
(a) Intentionally or recklessly inflicting physical injury upon another;
(b) Intentionally or recklessly 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 Interpersonal Violence
Interpersonal Violence includes:
- In a current or former dating, romantic or intimate relationship, engaging in physical, sexual, emotional, economic, or psychological actions or threats of actions that a reasonable person in similar circumstances would find abusive, intimidating, or threatening;
- Engaging in a Course of Conduct directed at a specific person, whether in the context of a social or intimate relationship or otherwise, that would cause a reasonable person to feel fear for their safety or safety of others or suffer substantial emotional distress. This may include, for example, non-consensual communication, including in-person or cyber communication or contact, surveillance, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on websites, written letters, gifts or any other communications that are unwelcome and/or place another person in fear of, or at risk of, physical injury or danger.
10.15 Sexual Misconduct
Sexual Misconduct includes:
(a) Title IX Sexual Harassment and Retaliation, defined in NCSU POL 04.25.07 – Title IX Sexual Harassment Policy as:
(I) “Title IX Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:
(1) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an Education Program or Activity at NC State; or
(2) Sexual assault as defined in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act,” specifically 20 U.S.C. 1092(f)(6)(A)(v)), dating violence as defined in Violence Against Women Act (“VAWA,” specifically 34 U.S.C. 12291(a)(10)), domestic violence as defined in VAWA (34 U.S.C. 12291(a)(8)), stalking as defined in VAWA (34 U.S.C. 12291(a)(30)) (for ease of reference the definitions as they appear in those laws are provided below).
(A) Sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation including:
(i) Rape, defined as the carnal knowledge of a person, without the consent of the person, including instances where the person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity;
(ii) Sodomy is oral or anal sexual intercourse with another person, without the consent of the person, including instances where the person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity;
(iii) Sexual Assault With An Object, defined as the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the person, including instances where the person is incapable of giving consent because of his/her youth or because of age or because of temporary or permanent mental or physical incapacity;
(iv) Fondling, defined as the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the person, including instances where the victim is incapable of giving consent because of his/her youth or because of age or because of temporary or permanent mental or physical incapacity;
(v) Incest, defined as nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law;
(vi) Statutory Rape, defined as nonforcible sexual intercourse with a person who is under the statutory age of consent.
(B) Dating violence means violence committed by a person—
(i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(ii) where the existence of such a relationship shall be determined based on the consideration of the following factors:
a) The length of the relationship;
b) The type of relationship;
c) The frequency of interaction between the persons involved in the relationship;
(C) Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitation with the victim as a spouse or intimate partner, by a person similarly situation to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family laws of the jurisdiction;
(D) Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to-
(i) fear for their own safety or the safety of others; or
(ii) suffer substantial emotional distress.
(II) Title IX Retaliation is intimidating, threatening, coercing, or discriminating against any person for the purpose of interfering with any right or privilege secured by Title IX, POL 04.24.05, or this policy because the person made a report or complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this policy or the companion regulations.
(b) Sexual Harassment, defined in NCSU POL 04.25.05 – Equal Opportunity, Non-Discrimination and Affirmative Action Policy as a form of Harassment (also defined in POL 04.25.05) which is based on a person’s sex or is of a sexual nature. Sexual Harassment can include unwelcome sexual advances, requests for sexual favors, sexual exploitation, and other verbal, non-verbal or physical harassment of a sexual nature, including, but not limited to:
(I) 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; voyeurism and indecent exposure, and other sexual offenses, and allowing third parties to observe private sexual acts;
(II) Sexual Contact without Consent, which is the intentional touching of another person’s intimate parts (including mouth, 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 their own or another person’s intimate parts; or
(III) Sexual Penetration without Consent, which is the penetration (anal, oral, or vaginal) of another person, however slight, by a penis, tongue, finger, or an inanimate object; or mouth to genital contact or genital to mouth contact; or where a person is forced, caused, or made to sexually penetrate themself or another person.
(c) Retaliation, (including threats, harassment, intimidation, coercion) against a person because they made a complaint alleging conduct in violation of Section 10.15(b), participated as a witness or party in an investigation, proceeding, or hearing involving an alleged violation of Section 10.15(b); or requested a reasonable accommodation relating to allegations under Section 10.15(b).
To the extent there are any differences in the definition of Title IX Sexual Harassment in this Section 10.15 and POL 04.25.07, POL 04.25.07 controls. To the extent there are any differences in the definition of Sexual Harassment in this Section 10.15 and POL 04.25.05, POL 04.25.05 controls.
(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.
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, emotional, or mental damage to a person, significant property damage, Harassment, Sexual Misconduct, Relationship or Interpersonal Violence, 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: the nature of the misconduct, a student’s demonstration of insight for their conduct, present demeanor and attitude, the need to restore or preserve access to education programs and activities, past disciplinary record of the student, the importance of the equitable treatment for similar offenses, community service or assistance related to the misconduct, the degree of any damage, injury, or harm resulting from the misconduct, and other appropriate circumstances.
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 their 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 after which the student may be eligible to return. While suspended, the student shall not participate in any University Program or Activity and will be trespassed from University Premises. Exceptions to this trespass may be granted by the Director, Office of Student Conduct based on the written petition of the student and for good cause. In cases where the student will complete graduation requirements during the current semester, suspension may take effect immediately, or at the Hearing Officer’s determination In addition, graduating students may have a disciplinary notation placed on their transcript or have their transcript withheld for the period of the suspension. In cases where a student will complete graduation requirements in either summer session I or II, the suspension period may 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 Vice Chancellor and Dean of Academic and Student Affairs. However, a disciplinary file indicating suspension will be maintained by the Office of Student Conduct on a permanent basis.The student’s name will be included in the UNC System database for suspended/expelled students.
Expulsion is a recommendation that must be approved by the Vice Chancellor and Dean of Academic and Student Affairs 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 they should be approved for reinstatement at NC State. When expelled, the student shall no longer participate in any University Program or 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 Removal from University Housing
Residents of University housing facilities found responsible for violations of this code may be removed from University housing facilities. Removal from University housing facilities may be for a period no less than the remainder of the current semester up to the remainder of the student’s Academic Career. The duration of any removal and/or trespass from University housing facilities is at the discretion of the Assistant Vice Chancellor and Executive Director of University Housing. All costs incidental to the removal from the University housing facility are the responsibility of the student. Students subject to removal from a University housing facility will be trespassed from entering all University housing facilities. Exceptions to this trespass may be granted by the Director of University Housing based on the written petition of the student and for good cause.
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 facilities, 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, reflective writing assignments, behavioral assessments, 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 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 or 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 alleged to have violated NCSU POL04.20.05 – Illegal Drugs; or
(f) Is alleged to have violated POL 04.25.07 by engaging in Sexual Harassment and the University has determined after an individualized safety and risk analysis that the student poses an immediate threat to the physical health or safety of any student or other individual and their removal is justified.
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 facilities, registration holds, 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 Vice Chancellor and Dean of Academic and Student Affairs 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.