REG 11.35.05 Code of Student Conduct

Authority: Vice Chancellor and Dean, Division of Academic and Student Affairs

History: First Issued: July 9, 2024; Last revised July 23, 2024 with an Effective Date of August 1, 2024.

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

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, Non-Discrimination and Affirmative Action Policy
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 REG 11.35.02 – 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

NCSU RUL11.56.01 – Rule for NC State University Fraternities and Sororities hosting social events

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

INTRODUCTION

All students at North Carolina State University (“NC State” or the “University”) 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 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 and standards for Students in the University community. The Code outlines the types of behavior that adversely affect the University community, and the actions that may be taken to educate students about behavioral expectations and to protect the NC State community. This Code and NCSU REG 11.35.02 (“Procedures”) describe the process to be followed when a student has been charged with a violation of the Code.

NC State embraces and upholds 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.

DEFINITIONS

The terms defined in the Procedures have the same meaning when used in the Code and are incorporated by reference.

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.

DEFINITION OF MISCONDUCT

The definition of misconduct at NC State is outlined in this Code to give students general notice of prohibited conduct and is not designed to define misconduct in exhaustive terms.

SCOPE

5.1 Locations Covered

Unless otherwise prohibited by law, the Code applies to conduct that occurs on University Premises or in University programs and activities. The Code also applies to off-campus conduct (whether in NC, another state or another country) when it adversely affects the University, its mission, University programs and activities, the pursuit of its objectives, or poses a serious risk of danger to, or disruption or interference with, one or more members of the University community. The Vice Chancellor and Dean of Academic and Student Affairs will determine whether the Code applies to off-campus conduct.

5.2 Persons Covered

The Code applies to all Students as defined in the Procedures. Unless otherwise prohibited by law, this Code also applies to students outside a specific term, such as summer or winter break, and may cover those not currently enrolled but still eligible to seek a degree.

5.3 Violations of Law and Disciplinary Action

The University may initiate a disciplinary action against a student alleged to have violated the Code or other applicable University policies, regulations or rules, even if separate civil or criminal actions are also pending against the Student. The University may proceed with its disciplinary procedures, even if a criminal investigation and/or charges are pending, or have been dismissed, resolved, or reduced.

A Student who faces criminal charges or is the subject of a criminal investigation may temporarily defer University disciplinary 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 Director will determine the interim actions without a hearing or a ruling on the charges under the Code, and those actions could include an interim suspension and/or removal from University housing facilities.

5.4 Student Groups or Student Organizations Covered

5.4.1 A Student Group/Organization and its leaders may be held collectively or individually responsible for violations of the Code. Student Groups/Organizations may be charged with violations of the Code even if individual members are charged with violations from the same incident.

5.4.2 A position of leadership in a Student Group/Organization comes with an expectation of responsibility. Student leaders cannot knowingly permit, condone, or facilitate any violation of the Code by the Student Group/Organization.

5.4.3 Student 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. Failure to comply with the Director’s requirements may be a violation of the Code by the leaders or representatives of 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 Appendix H of the 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 or the College of Veterinary Medicine, Student-athletes, Students in ROTC, or Students who live in University Housing facilities may be subject to additional standards of behavior.

STANDARDS OF CLASSROOM BEHAVIOR

The primary responsibility for managing the classroom environment, whether in-person or online, rests with the Instructor. Students who engage in any unlawful acts or behaviors which materially and/or substantially disrupt a class may be directed by the Instructor 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 them to do so, the Instructor should call University Police to remove the Student. This provision regarding classroom behavior should not be used to discipline Students with differing academic interpretations of course content or viewpoint but to address behavior that is disruptive within the educational environment, including its impact on other Students.

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 a timely manner. Delays in reporting may affect the ability to gather the information needed to assess whether the conduct would constitute a violation of the Code. It may also result in no charges being filed against the Student or Student Group/Organization.

7.2 Unless otherwise prohibited by law, any person requesting to withdraw a report of misconduct must do so in writing. In situations where a report is withdrawn, the University 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.

ACADEMIC MISCONDUCT

All members of the University community, Students, Instructors, and other employees are responsible for reporting Academic Misconduct to the appropriate authority.

Instructors should clearly define and communicate their expectations of academic integrity in their course materials. The University strongly encourages the use of the Pack Pledge, “I have neither given nor received unauthorized aid on this test or assignment,” on all syllabi and Academic Exercises. Instructors are responsible for implementing reasonable measures to safeguard the integrity of Academic Exercises such as examination security and proctoring. Instructors should familiarize themselves with the procedures for addressing and reporting Academic Misconduct. The procedures for reporting Academic Misconduct can be found in Appendix B of the Procedures. Definitions regarding Academic Misconduct outlined in this Code 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 engage in acts prohibited by the Code may also be addressed through the conduct process. If a Student is in doubt regarding any matter relating to academic integrity, the Student should consult with the Instructor responsible for the course.

8.1 Cheating

Cheating is taking, using, or presenting information, material or equipment by a Student that unethically or dishonestly aids the Student on any work considered in the determination of a grade, completion of academic requirements, or the enhancement of one’s record or Academic Career.

Examples of Cheating include:
(a) Copying from someone else’s Academic Exercise;

(b) Using materials, equipment, or assistance in connection with an Academic Exercise that has not been authorized by the Instructor;

(c) Failing to comply with a condition of academic integrity which has been defined or communicated in a particular course.

8.2 Falsifying

Falsifying is the deliberate submission of altered, fabricated, or false information or materials to gain an unfair advantage, to subvert academic requirements, or to dishonestly alter the Student’s academic record.

Examples of Falsifying include:

(a) Submitting, as part of an Academic Exercise, data or other information which has been altered or fabricated in such a way as to be misleading;

(b) Providing false information to the University in any manner to achieve an unfair advantage, enhance one’s record, or complete a requirement;

8.3 Misuse of Academic Materials

Misuse of Academic Materials is:

(a) Buying, selling, removing, or receiving any information for use in an Academic Exercise when such use has not been authorized by the Instructor;

(b) 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; or

(c) Intentionally damaging, removing, stealing or making inaccessible the academic work or material of another or the University.

8.4 Plagiarism

Plagiarism is the use or close imitation of the words, thoughts, or ideas of another as the Student’s own and/or the representation of another’s work as the Student’s own. When a Student submits work for evaluation or to meet a requirement, the University expects that the work is the Student’s own thought and study, produced without assistance, stated in the Student’s own words, appropriately cited, and unless previously authorized by the Instructor, not a submission of work the Student previously submitted for another Academic Exercise. Any ideas or materials taken from another source for either written or oral use must be fully acknowledged.

Examples of Plagiarism include:

(a) Representing the work of others as the Student’s own;

(b) Submitting written materials without proper attribution or acknowledgment of the source;

(c) Submitting an Academic Exercise that is the same or substantially similar to one’s own previously submitted work(s) without authorization of the Instructor.

8.5 Unauthorized Assistance or Collaboration

Unauthorized Assistance or Collaboration is:

(a) Working with another or others in completing an Academic Exercise when the Instructor has required independent work;

(b) Providing assistance to another person in the completion of an Academic Exercise, when such assistance is not authorized by the Instructor; or

(c) Permitting another individual to substitute for one’s self or to represent another in an Academic Exercise, course, or graduation requirement.

SANCTIONS FOR ACADEMIC MISCONDUCT

Findings of responsibility for one or more violations in Section 8 result in the creation of a disciplinary record for Students or Groups/Organizations. As a result of a finding of responsibility the University will assign sanctions in order to:

(a) Define a Student or Group/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;

(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.

Mitigating or aggravating factors or circumstances will be considered prior to imposing a sanction. Examples of some factors that may be considered include the nature of the misconduct, a Student’s or Student Group/Organization’s demonstration of insight for their conduct, present demeanor and attitude, the need to restore or preserve access to University programs and activities, past disciplinary record of the Student or Student Group/Organization, the importance of the equitable treatment for similar violations, and other appropriate circumstances.

Upon initial review of the charges and accompanying narrative, the Office of Student Conduct may 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 Academic Misconduct:

9.1 Academic Integrity Probation

Academic integrity probation is a pre-suspension status. A Student found responsible for Misconduct may be placed on academic integrity probation for a period no less than one calendar year up to the remainder of their Academic Career. If found responsible for a violation while on academic integrity probation, a Student may face more severe sanctions up to and including suspension or expulsion.

9.2 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 may not participate in any Program or Activity and will be trespassed from University Premises. Exceptions to this trespass may be granted by the Director based on the Student’s written petition and for good cause.

Notations of the suspension will appear on the Student’s transcript. A Student may petition to the Vice Chancellor and Dean of Academic and Student Affairs to remove this notation. However, even if the notation is removed from the transcript, the Office of Student Conduct will maintain a disciplinary file with the suspension sanction in accordance with the Records Retention and Disposition Schedule. The Student’s name will also be included in the UNC System Suspension and Expulsion Database.

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.

9.3 Expulsion

Expulsion is the permanent separation of a Student from the University. Expulsion may be imposed in the most severe cases of Academic Misconduct. A sanction of Expulsion requires approval from the Vice Chancellor and Dean of Academic and Student Affairs.

When expelled, the Student may no longer participate in any Program or Activity and will be trespassed from University Premises. Consistent with the Records Retention and Disposition Schedule, the Office of Student Conduct will maintain a disciplinary file indicating the Expulsion and a notation will be placed on the Student’s transcript. The Student’s name will be included in the UNC System Suspension and Expulsion Database. Expulsion prevents students from enrolling at any UNC constituent institution.

Expelled students may petition the Chancellor for consideration of reinstatement to the University.

9.4 Grade Penalty

9.4.1 Reduction in Grade: A reduction in grade on the Academic Exercise on which the violation occurred; or

9.4.2 No Credit: No credit on the Academic Exercise on which the violation occurred; or

9.4.3 No Credit for the Course: Resulting in an F as a final grade on the Student’s transcript and making the course ineligible for Grade Exclusion under NCSU REG 02.20.16.

9.5 Additional Sanctions

Additional sanctions not listed above may be imposed. These include, but are not limited to, behavioral assessments, educational exercises regarding academic integrity, research and reflective writing assignments, and 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 additional policies and procedures established for the Graduate School or the College of Veterinary Medicine.

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 engage in acts prohibited by the Code may also be addressed through the conduct process. All members of the University community, Students, Instructors, and other employees are responsible for reporting Non-Academic Misconduct.

10.1 Alcohol

(a) Possession and/or consumption of alcoholic beverages by a Student under the age of 21;

(b) Aiding and Abetting the possession and/or consumption of alcoholic beverages by a person who is under the age of 21;

(d) Any other violations of NCSU POL 04.20.02 – Alcohol Policy;

(e) 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;

(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, Instructor, or other NC State employee;

(f) Use of University IT Resources to send obscene messages;

(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 health and/or safety hazard, which could include:

(a) Starting or attempting to start a fire;

(b) Failing to exit a building when a fire alarm is sounded;

(c) Tampering with or misusing fire safety equipment, other life safety equipment, security equipment, and/or, elevators;

(d) Failing to comply with campus traffic laws while on a manually operated or electric bicycle, scooter, skateboard, one-wheel, segway, hoverboard or other similar device;

(e) Throwing an object.

(f) Inappropriate use of any biohazard or bodily fluid (e.g. bodily waste or fluid from a human or an animal) apart from an academic requirement.

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) Conduct that materially disrupts, interrupts or attempts to force the cancellation of any Program or Activity or authorized non-University activity, including educational activities, class, meetings, ceremonies, scheduled events, essential University processes, and authorized solicitation activities;

(b) Obstruction that unreasonably interferes with freedom of movement or safe passage, either pedestrian or vehicular, on University Premises;

(c) Conduct that is lewd or indecent, including but not limited to, public urination/defecation, public exposure of genitalia, engaging in public sexual acts, or other obscene conduct.

(d) Any unauthorized use of electronic or other devices to make an audio or video record of any person without their prior knowledge and 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 or Student Group/Organization’s proper participation in, or use of, the conduct process;

(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 engage in an abuse of the conduct process;

10.7 Drugs

(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;

(d) Knowingly breathing or inhaling any substance for the unlawful purpose of inducing a condition of intoxication; or

(e) Possession of drug-related paraphernalia, including, 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.

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 or other law enforcement in performance of their duties;

(b) Failing to submit identification upon request to duly authorized and properly identified University officials; or

10.9 Fireworks

Unauthorized possession or use of fireworks or explosive devices on University Premises.

10.10 Hazing

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) Harassment as defined in REG 04.25.02.

(b) Discrimination as defined in REG 04.25.02.

10.12 Infliction or Threat of Bodily Harm

(a) Intentionally or Recklessly inflicting physical injury upon another;

(b) Intentionally or Recklessly causing a person to be in reasonable fear of, or at risk of, physical injury or danger; or

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;

(d) Possession or use of an instrument of identification that is not one’s own or is fictitious or altered.

10.14 Interpersonal Violence

(a) 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;

(b) 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 Retaliation

(a) Retaliation as defined in REG 04.25.08.

(b) Retaliation as defined in REG 04.25.02.

(c) Any adverse action (including but not limited to intimidation, threats, coercion, discrimination or harassment) against a person because they reported information, made a complaint, participated or refused to participate as a witness or a party in an investigation or procedure involving alleged conduct that could be a violation of the Code.

10.16 Sexual Misconduct

(a) Title IX Sexual Harassment as defined in REG 04.25.08 (Title IX Sexual Harassment Complaint Resolution Procedures).

(b) Sexual Harassment as defined in REG 04.25.02 (Discrimination, Harassment and Retaliation Complaint Procedures). Sexual Harassment can include but is 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.

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;

(d) Unauthorized possession, duplication, or use of keys, card, or digital access to any University Premises.

10.18 Trespass

Unauthorized entry into or on University Premises, including intruding upon, forcibly entering, or otherwise proceeding into unauthorized areas of University Premises, or the residential space of another without permission.

See NCSU REG 04.05.01 – Trespassing on University Property.

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 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 reasonable fear to others.

See NCSU REG 04.20.10 – Firearms and NCGS 14-269.2 – Weapons on Campus or other educational property.

SANCTIONS

Findings of responsibility for one or more violations in Section 10 result in the creation of a disciplinary record for Students or Group/Organizations. As a result of a finding of responsibility the University will assign sanctions in order to:

(a) Define a Student or Group/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;

(d) Attempt to affect a change in that behavior in the future.

Non-Academic Misconduct that involves substantial theft or fraud, significant physical, emotional, or mental harm to a person, significant property damage, Harassment, Sexual Misconduct, Stalking 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 will be considered prior to imposing a sanction. Examples of some factors that may be considered include the nature of the misconduct, a Student’s or Group/Organization’s demonstration of insight for their conduct, present demeanor and attitude, the need to restore or preserve access to University programs and activities, past disciplinary record of the Student or Group/Organization, the importance of the equitable treatment for similar violations, community service or assistance related to the misconduct, the degree of any damage, injury, or harm resulting from the misconduct, and other appropriate circumstances.

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 found responsible for Non-Academic Misconduct 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.

11.3 Suspension

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.

11.4 Expulsion

Expulsion is the permanent separation of a Student from the University. Expulsion may be imposed in the most severe cases of Non-Academic Misconduct. A sanction of expulsion requires approval from the Vice Chancellor and Dean of Academic and Student Affairs.

When expelled, the Student may no longer participate in any Program or Activity and will be trespassed from University Premises. Consistent with the R ecords Retention and Disposition Schedule, the Office of Student Conduct will maintain a disciplinary file indicating the expulsion and a notation will be permanently placed on the Student’s transcript. The Student’s name will be included in the UNC System Suspension and Expulsion Database. Expulsion prevents enrollment at any UNC constituent institution.

Expelled students may petition the Chancellor for consideration of reinstatement to the University.

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 and/or deemed ineligible to live in housing facilities on University property. 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 Associate Vice Chancellor and Associate Dean or the Director of Fraternity and Sorority Life. 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 Executive 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. These 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, or trespass or no contact orders.

11.8 Student Group/Organization Sanctions

Additional group or organizational sanctions may include:

11.8.1 Group/Organization Disciplinary Probation

Group/Organization disciplinary probation is a pre-separation status. A Student Group/Organization may be placed on disciplinary probation for a period no less than the remainder of the current semester. If found responsible for a violation while on disciplinary probation, a Student Group/Organization may face more severe sanctions up to and including revocation of recognition from the University.

11.8.2 Revocation of Recognition

Revocation of recognition is the administrative withdrawal of recognition from the University for the Student Group/Organization for a specified period of time. During the period of revocation, the Student Group/Organization forfeits all rights afforded to them under University Policy. A Student Group/Organization may petition for recognition once their period of revocation has been completed.

11.8.3 Additional Sanctions

Additional sanctions not specifically listed above may be imposed. These include, but are not limited to service or research projects, participation in special educational programs or training, restrictions on social events, or restitution for damage to or destruction of property.

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 interim suspension is an extraordinary measure, but may, from time to time, 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 or Student Group/Organization may be suspended on an interim basis, if the Student or Student Group/Organization:

(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;

(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 engaged in Title IX Sexual Harassment as defined in REG 04.25.08 (Title IX Sexual Harassment Complaint Resolution Procedures) in violation of POL 04.25.05 (Equal Opportunity and Nondiscrimination Policy) 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, adjustments to class schedules, and restrictions on access or privileges to University programs and activities. Any interim actions taken may not be used as evidence to support charges under the Code.

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