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Code of Student Conduct

POL 11.35.1

September 18, 1998 Archive Version (Effective September 18, 1998 through November 21, 2002)

Student Discipline

Authority:  Board of Trustees

History:  First Issued: February 17, 1990. Last Revised: November 22, 2002. Additional History Information.

Related Policies: UNC Policy Manual XIII-N-1 (Expulsion)

Additional References: NC Code: Appendix XII, Procedures Manual for the Code of Student Conduct, Administrative Regulation - Procedures for Reconsideration of Expulsion, Procedures Manual for Implementing the Disciplinary Process

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

1. PREAMBLE
   
   1.1 Universities are unique communities committed to creating and transmitting knowledge. They depend on freedom - individuals' freedom to explore ideas and to explore and further their own capabilities. Those freedoms depend on the good will and responsible behavior of all the members of the community, who must treat each other with tolerance and respect. They must allow each other to develop the full range of their capabilities and take full advantage of the institution's resources.
   
   1.2 In this Code of Student Conduct, North Carolina State University sets out the kind of behavior that disrupts and inhibits the normal functioning of the University, and what actions it will take to protect the community from such disruption. Like civil authorities (such as the federal, state, and county governments, to which the members of the community are also subject), the University has expectations about how its students will behave, and rules to follow when students are accused of violating those expectations. This Code and the accompanying manual of procedures describe those rules, which are designed to protect both the University community and any of its student members who are accused of disrupting it. The Code and Procedures Manual set out both what the University will do if a student is accused of a violation, and what their rights are.
   
   COMMENTARY: The University must commit its policies and procedures first to protect and promote the academic enterprise. Consequently, it may be necessary to suspend or expel students who have been found responsible for violations of this Code, or who otherwise pose a substantial danger to the campus community.
   
   
2. AUTHORITY FOR STUDENT DISCIPLINE
   
   Ultimate authority for student discipline is vested in the Chancellor by action of the Board of Governors. Disciplinary authority may be delegated to the University administrators, committees, and organizations, as set forth in the Code or in other appropriate policies, rules, or regulations. Students are asked to assume positions of responsibility in the University judicial system in order that they might contribute their skills and insights to the resolution of disciplinary cases.
   
   
3. INTERPRETATION OF REGULATIONS
   
   Disciplinary regulations at the University 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 misconduct in exhaustive terms.
   
   
4. INHERENT AUTHORITY FOR OFF CAMPUS CONDUCT
   
   4.1 The University reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community and to support the mission of the University. Such action may include taking disciplinary action as outlined in this Code against those students whose behavior off-campus poses a potential danger to others, to self or would otherwise disrupt the campus environment or adversely affect the University.
   
   COMMENTARY: The University will not routinely invoke the disciplinary process for violations of this Code which occur off-campus, except for academic dishonest, dangerous misconduct, serious criminal offenses, violations of the NCSU Policy On Illegal Drugs, violations that occur at University sponsored activities or significant community disturbances.
   
   4.2 While a criminal charge does not mean that the student is guilty of an offense, such a charge does mean that civil authorities have determined that there is at least probable cause to believe that an offense was committed, and that the student committed it. Under these circumstances it may be necessary and appropriate to conduct an investigation and/or a disciplinary hearing. It is also important to understand that the interests of the University are not necessarily protected when bail is set before trial. This is so because bail determinations are frequently limited to the issue of the defendant's likely appearance in subsequent criminal proceedings. Those proceedings are often subject to extensive delays, which may require the University to act promptly in order to protect the campus community. See Section 14.5 - Extraordinary Disciplinary Intervention Procedures.
   
   
5. JURISDICTION
   
   The NCSU Code of Student Conduct applies to all enrolled students, including new students at Orientation. This includes those students not enrolled in summer sessions but pre-enrolled for the coming fall semester. In addition, students in certain categories may also be subject to other Codes, for example, students who are enrolled in the Graduate School, the College of Veterinary Medicine, student athletes or students who live in residence halls. All graduate students with charges lodged against them, except those enrolled in the Doctor of Veterinary Medicine (DVM) program, will be subject to review by the Dean of the Graduate School to determine the appropriate forum for the resolution of pending charges. Graduate students enrolled in the DVM program will be subject to review by the Dean of the college of Veterinary Medicine. The Director, Office of Student Conduct, may also be consulted. If the Dean of the Graduate School determines that the graduate student will be subject to the Code of Conduct then those procedures will apply. If the Dean of the Graduate School of Dean of the College of Veterinary Medicine determines that the graduate student is subject to the Graduate School Policies Pertaining to Graduate Student Rights and Responsibilities, then those provisions will apply in the resolution of pending charges. If the Dean of the College of Veterinary Medicine determines that the graduate student will be subject to College of Veterinary Medicine Standards of Conduct and/or procedures, then those provisions will apply in the resolution of pending charges.
   
   
6. CASE REFERRALS
   
   Any person may refer a student or a student group or organization suspected of violating this Code to the Director, Office of Student Conduct. Charges are expected to be filed in as timely a fashion as possible to ensure the opportunity for affecting behavior change. Failure to file charges in a timely fashion may result in the dismissal of the charges. Allegations of violations occurring within residence halls should be referred to the appropriate hall or area staff from the Department of Housing and Residence Life, unless there are other aggravating circumstances present. A person who refers a case is normally expected to serve as the complainant, and to present relevant evidence in disciplinary hearings or conferences. Persons wishing to withdraw charges against a student must do so in writing; however, the University reserves the right to pursue those charges that may impact the health, safety, and welfare of the campus community or might otherwise interfere with the educational mission of the institution. In addition, Public Safety may cite students via Campus Appearance Tickets to the Office of Student Conduct.
   
   
7. ACADEMIC INTEGRITY
   
   7.1 The free exchange of ideas depends on the participants' trust that they will be given credit for their work. Everyone in an academic community must be responsible for acknowledging, using the methods accepted by the various academic disciplines, their use of others' words and ideas. Since intellectual workers' words and ideas constitute a kind of property, plagiarism is like theft.
   
   7.2 Furthermore, as a reader you may want to follow other writers' paths of research in order to make your own judgements about their evidence and arguments. You will depend on those writers' accuracy and honesty in reporting their sources. In turn, your readers will depend on yours.
   
   7.3 The free exchange of ideas also depends on the participants' trust that others' work is their own and that it was done and is being reported honestly. Intellectual progress in all the disciplines demands the truthfulness of all participants.
   
   7.4 Plagiarism and cheating are attacks on the very foundation of academic life, and cannot be tolerated within universities. Section eight (8) of the Code defines academic dishonesty and provides information on potential sanctions for violators of academic integrity.
   
   
8. DEFINITIONS OF ACADEMIC DISHONESTY
   
   8.1 Academic dishonesty is the giving, taking, or presenting of information or material by a student that unethically or fraudulently aids oneself or another 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.
   
   8.2 A student shall be guilty of a violation of academic integrity if he or she:
   
   - represents the work of others as his or her own;
   - obtains assistance in any academic work from another individual in a situation in which the student is expected to perform independently;
   - gives assistance to another individual in a situation in which that individual is expected to perform independently;
   - offers false data in support of laboratory or field work.
   
   8.3 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. Submission of work used previously must first be approved by the instructor.
   
   8.4 Regulations regarding academic dishonesty 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 dishonesty in exhaustive terms.
   
   8.5 If a student is in doubt regarding any matter relating to the standards of academic integrity in a given course or on a given assignment, that student shall consult with the faculty member responsible for the course before presenting the work.
   
   
9. CHEATING
   
   Cheating includes but is not limited to the following actions:
   
   9.1 Copying from someone else's test or examination paper.
   
   9.2 Possessing, buying, selling, removing, receiving, or using, at any time or in any manner not prescribed by the instructor, a copy or copies of any materials (in whole or part) intended to be used as an instrument of academic evaluation in advance of its administration.
   
   9.3 Using materials or equipment during a test or other academic evaluation which have not been authorized by the instructor, such as crib notes, calculator, or tape recorder.
   
   9.4 Obtaining or attempting to obtain in a fraudulent manner any material relating to a student's academic work. Such actions include theft of examination through collusion with a university employee.
   
   9.5 Working with another or others in completing a take-home examination or assignment when the instructor has required independent and unaided action.
   
   9.6 Attempting to influence or change an academic evaluation, grade, or record by unfair means. This would include altering academic work which has been returned to the student and which has been resubmitted without indicating that the work has been altered. This also includes changing or altering grades on grade report forms or on transcripts.
   
   9.7 Permitting another student to substitute for one's self in an academic evaluation.
   
   9.8 Marking or submitting an examination or evaluation material in a manner designed to deceive the grading system.
   
   9.9 Willfully damaging the academic work or efforts of another student.
   
   9.10 Failing to comply with a specific condition of academic integrity which has been clearly announced in a particular course.
   
   9.11 Submitting, without prior permission of the instructor, any work by a student which has at any time been submitted in identical or similar form by that student in fulfillment of any other academic requirement at any institution.
   
   9.12 Submitting of material in whole or part for academic evaluation that has been prepared by another individual(s) or community agency.
   
   
10. PLAGIARISM
    
    10.1 Submitting written materials without proper acknowledgment of the source.
    
    10.2 Deliberate attribution to, or citation of, a source from which the referenced material was not in fact obtained.
    
    10.3 Submitting data which have been altered or contrived in such a way as to be deliberately misleading.
    
    
11. AIDING AND ABETTING OTHERS TO CHEAT OR PLAGIARIZE
    
    Aiding and abetting others to cheat or plagiarize includes but is not limited to the following:
    
    11.1 Giving unauthorized assistance to another or others during a test or evaluation, including allowing someone to copy from a test or examination, or arranging with others to give or receive answers via signals.
    
    11.2 Substituting for another student in order to meet a course or graduation requirement.
    
    11.3 Providing specific information about a recently given test, examination, or assignment to a student who thereby gains an unfair advantage in an academic evaluation.
    
    11.4 Providing aid to another person, knowing such aid is expressly prohibited by the instructor, in the research, preparation, creation, writing, performing, or publication of work to be submitted for academic evaluation.
    
    11.5 Removing or attempting to remove, without authorization, any material relating to a class that would give another student unfair academic advantage.
    
    11.6 Permitting one's academic work to be represented as the work of another.
    
    11.7 Unauthorized preparing for sale abstracts or transcriptions of lectures or required readings in any course. This regulation is not intended to preclude students from assisting instructors or preparing course related materials.
    
    
12. RESPONSIBILITY TO REPORT ACADEMIC DISHONESTY
    
    12.1 Academic Dishonesty is a corrosive force in the academic life of a university. It jeopardizes the quality of education and depreciates the genuine achievements of others. It is, without reservation, a responsibility of all members of the campus community to actively deter it. Apathy or acquiescence in the presence of academic dishonesty is not a neutral act; histories of institutions demonstrate that such responses will reinforce, perpetuate, and enlarge the scope of such misconduct. Institutional reputations for academic dishonesty are regrettable aspects of modern education. These reputations become self-fulfilling and grow, unless vigorously challenged by students and faculty alike.
    
    12.2 Faculty must undertake a threshold responsibility for such traditional safeguards as examination security and proctoring.
    12.3 All members of the University community, students, faculty and staff, share the responsibility and authority to challenge and make known to the appropriate authority acts of apparent academic dishonesty.
    
    
    
13. SANCTIONS FOR ACADEMIC DISHONESTY
    
    The student is always placed on academic integrity probation as described in (13.1) below, and given one of the following sanctions or a combination of sanctions as listed in (13.2- 13.7) below.
    
    13.1 The student will be placed on academic integrity probation for the remainder of the student's academic career. Note that suspension will be instituted if the academic dishonesty is committed while the student is already on academic integrity probation.
    
    13.2 No credit on the assignment, paper, program, test or exam on which the violation occurred, or
    
    13.3 No credit for the course.
    
    13.4 In addition to any of the other sanctions listed or in lieu of an additional semester of suspension an academic community service assignment may be given.
    
    13.5 Participation in the Academic Integrity Seminar Series.
    
    13.6 The student will be suspended if the academic dishonesty is committed while he or she is already on academic integrity probation or when the acts committed involved advance planning, falsification of papers, forms, or documents, collaboration with others, or some actual or potential harm to other students. For example, theft of another student's returned examination will usually merit suspension, even for a first offense. In cases where the student will complete graduation requirements 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 be applied to summer session. Suspension will be noted on the transcript.
    
    13.7 The student will be expelled if he or she is a repeat offender or in those cases where acts committed are considered to be substantial violations of academic integrity or present substantial harm to other students.
    
    
14. NON-ACADEMIC MISCONDUCT
    
    14.1 Definitions of Non-Academic Misconduct
    
    Behavior that is subject to disciplinary action under this Code includes violations of Federal, State, and local Law, conduct that threatens the safety or well-being of the campus community, and any other behavior that adversely affects the University or its educational mission. Examples of behavior that will be subject to disciplinary action include:
    
    14.1.1 Alcohol Violations
    1. Possession and/or consumption of alcoholic beverages by all persons under the age of 21.
       
       
    2. Aiding and abetting the possession and/or consumption of alcoholic beverages by a person who is under the age of 21.
       
       
    3. Consumption of any alcoholic beverages within the right-of-way of municipal streets, boulevards, alleys and sidewalks, in municipal parks and buildings or other property owned or occupied by the city under the City of Raleigh Ordinances.
       
       
    4. Violations of the NCSU Alcohol Policy.
       
       
    5. Violations of North Carolina laws regarding the purchase, possession, driving while under the influence, manufacture, and consumption of alcoholic beverages.
       
       

    14.1.2 Contempt
    
    

    1. Failure to appear before any University adjudicatory, legislative, or regulatory body as summoned without proper excuse or justification.
    2. Failure to comply with a decision or order, including a subpoena from the Student Judicial Office, issued by a University adjudicatory, legislative or regulatory body, without excuse or justification.
    3. Any willful disobedience or disrespect to any University adjudicatory, legislative or regulatory body.
    4. Failure to comply with the directions of University officials, including, but not limited to, Public Safety Officers, Life Safety Officers, Resident Advisors, Department of Housing and Residence Life staff, Student Development staff and other administrators or University officials, acting in the performance of their duties.
    5. Knowingly violating the terms of any disciplinary sanction imposed in accordance with this Code.
    
    
    

    14.1.3 Disorderly Conduct
    
    

    1. Acting in a manner on University premises or at University-sponsored activities that unreasonably disturbs the peace and tranquility of the University, including, but not limited to, throwing objects from balconies and windows and continuous noise making; or
    2. Intentionally and substantially interfering with the freedom of expression of others on University premises or at University-sponsored activities; or
    3. Intentionally or recklessly interfering with normal University or University-sponsored activities, including, but not limited to, studying, teaching, research, University administration, or fire, police, or emergency services.
       
       

    14.1.4 Failure to Submit Identification
    
    Failure to submit identification upon request to duly authorized and properly identified University officials. Students not having identification in their possession will be given adequate opportunity to find and present it.
    
    14.1.5 False Alarm
    
    Intentionally initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency on University premises or at University-sponsored activities. 14.1.6 Fireworks
    
    Possession or unauthorized use of fireworks or any explosive device, including, but not limited to, firecrackers, cherry bombs, dynamite, and homemade explosives on University premises or at University-sponsored activities.
    
    14.1.7 Harassment
    
    Any unwanted act that interferes with a person's full enjoyment of educational benefits, living environment, or opportunities. This includes, but is not limited to, telephone calls, e-mail, stalking, etc.
    
    14.1.8 Sexual Harassment
    
    Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when such conduct:
    
    

    1. Constitutes an express or implied condition to another person's academic pursuits, University employment, or participation in activities sponsored by the University or organizations or groups related to the University, or
    2. Is engaged in for the purpose of interfering with such pursuits, employment, participation, or
    3. Creates an intimidating, hostile, or demeaning environment for such pursuits, employment, or participation.
       
       

    This subsection does not apply when a student engages in the proscribed conduct while acting in the capacity of University employee or teacher. In those instances the Sexual Harassment Grievance Procedures available in the Department of Student Development should be followed.
    
    14.1.9 Racial Harassment
    
    Verbal or physical behavior that, according to reasonable sensibilities, stigmatizes or victimizes an individual on the basis of race and:
    
    

    1. Involves an express or implied threat to another person's academic pursuits, University employment, or participation in activities sponsored by the University or organizations or groups related to the University, or
    2. Is engaged in for the purpose of interfering with such pursuits, employment, or participation, or
    3. Creates an intimidating, hostile, or demeaning environment for such pursuits, employment, or participation.
       
       

    This subsection does not apply when a student engages in the proscribed conduct while acting in the capacity of University employee or teacher. In those instances, the Racial Harassment Grievance Procedures available in the Department of Student Development should be followed..
    
    14.1.10 Hazing
    
    Any act that injures, degrades, harasses, or disgraces any person. A criminal conviction for hazing or aiding and abetting others in the commission of this offense also requires expulsion from this University.
    
    14.1.11 Infliction or Threat of Bodily Harm
    
    

    1. Intentionally or recklessly causing physical harm to any person while on University premises or at University\sponsored activities, or
    2. Intentionally or recklessly causing other persons on University property or at sponsored activities to believe that you mean to harm then, or
    3. Intentionally or recklessly causing any act that creates a substantial risk of bodily harm to any person who is on University property or at University sponsored activities, including but not limited to, throwing objects from buildings.
       
       

    14.1.12 Misuse of Fire or Safety Equipment
    
    Intentionally or recklessly misusing or damaging fire safety equipment.
    
    14.1.13 Possession, Distribution, or Sale of Controlled Substances
    
    Any activity and possession, use, sale or manufacture of any substance declared illegal by the North Carolina General Statutes sections 90-86 through 90-113.8 is a violation. For a comprehensive statement regarding illegal drug offenses and sanctions see the NCSU Policy on Illegal Drugs (Board of Trustees policy 31.04)..
    
    14.1.14 Providing False Information
    
    

    1. Intentionally furnishing oral or written false information to the University, or
    2. Forgery, or deliberate misrepresentation or unauthorized alteration, or unauthorized use of any University document or instrument of identification including but not limited to, Photo I.D.'s, medical excuse, traffic decal, drop/add forms, and other applications, etc., or
    3. Submitting form(s) that one knows or has reason to know have been forged, altered, or modified.
       
       

    14.1.15 Sexual Misconduct
    
    Rape, other sexual offenses, and sexual assault will result in severe sanctions from the University as well as possible criminal prosecution. These categories include:
    
    

    1. Forcing someone to have vaginal intercourse, engage in other sexual acts such as oral or anal intercourse, digital penetration, or penetration by an object.
    2. Sexual contact without full and free consent given by the person (including situations where drugs or alcohol impair a person's ability to give full and free consent); and/or
    3. Sexual contact when the perpetrator knows or should know the behavior is offensive to the person; and/or
    4. Sexual contact when the perpetrator knows the person is unaware of the sexual contact; and/or
    5. Sexual contact when the person is less than the statutory age of consent.
       
       

    Commentary: If a person is forced to have sexual intercourse or if the person is unable to consent, the behavior of the perpetrator is considered rape. Forcing someone to engage in other sexual acts such as oral, anal, or digital penetration are also felonious offenses. The force necessary is any amount or threat of physical force which places the person in fear of injury or in fear for his or her life. The perpetrator does not need to use a weapon or beat that person to make him or her fearful of injury or for his or her life. The perpetrator may be someone known to the victim. Forced, unwanted sexual intercourse with a person you know, sometimes referred to as acquaintance rape, is still rape under the law. A social or dating relationship which began prior to the rape is not a defense against charges of rape. Sexual contact is defined but not limited to touching an erogenous area such as a breast, thigh, or buttocks with the intent of arousing either person and may also include any of the sexual acts listed in this section. Consent to sexual activity must be explicit either verbally or by overt action. If a person says "no,"
    
    subsequent sexual contact with that person may constitute both a crime under State law and misconduct under this Code.
    
    14.1.16 Receipt and/or Possession of Stolen Property
    
    Receiving and/or possessing by any means property one knows or has reason to believe is stolen.
    
    14.1.17 Sale or Exchange of Stolen Property
    
    Sale or transfer by any means of property one knows or has reason to believe is stolen.
    
    14.1.18 Theft
    
    Theft includes the unlawful taking or use of University or personal property and of services. "Services" includes but is not limited to telephones, unauthorized use of University computers, illegal copying of software, acts in violation of the copyright laws, theft of University keys or duplication of University keys, and taking someone else's parking sticker.
    
    14.1.19 Trespass
    
    Forcible or unauthorized entry into or unauthorized presence in a University building, office, room or areas to include, but not limited to, basements, roofs, steam tunnels, furnace rooms, crawl spaces and out buildings.
    
    14.1.20 Vandalism or Defacement of Property
    
    Any act that intentionally or recklessly destroys, damages or defaces University property or property of any person on University premises or at University sponsored activities.
    
    14.1.21 Violations of University Regulations or Policies
    
    These include but are not limited to, the Residence Hall Agreement, Visitation Policy, Alcohol Policy, Poster guidelines, Free Expression Tunnel Painting guidelines, Outdoor Concert guidelines, Public Demonstrations and Assemblies, Traffic and Motor Vehicle Regulations, rules and laws applying to the use and parking of bicycles, Solicitation Policy and Ticket Distribution guidelines, Illegal Drug Policy, fire safety laws and guidelines, Sexual Harassment Policy and Racial Harassment Policy.
    
    14.1.22 Weapons
    
    Unauthorized use, possession or storage of any weapon on University premises or at University sponsored activities. The term weapon includes but is not limited to: gun, rifle, pistol, bow, dynamite cartridge, bomb, grenade, mine, bowie knife, dirk, dagger, sword, num-chucks, sling shot, leaded cane, switch-blade knife, black jack, metallic knuckles, stun gun, and knife with a blade five or more inches in length. It also includes chemicals such as "mace," "pepper spray" or tear-gas (if used in an illegal manner).
    
    14.2 Standards of Classroom Behavior
    
    14.2.1 The primary responsibility for managing the classroom environment rests with the faculty. Students who engage in any prohibited or unlawful acts which result in disruption of a class may be directed by the faculty member to leave the class for the remainder of the class period. Longer suspensions from a class, or disenrollment on disciplinary grounds, must be preceded by a disciplinary conference or hearing via Extraordinary Disciplinary Intervention procedures.
    
    COMMENTARY: The term "prohibited...acts" would include behavior prohibited by the teacher (e.g. smoking in the classroom, persistently speaking out in a manner which is disruptive, refusing to be seated, leaving and entering the room without authorization, etc.). It must be emphasized that this provision is not designed to be used as a means to punish differing academic interpretations of course content.
    
    14.3 Sanctions
    
    All sanctions in this section except Oral Warning include the creation of a disciplinary file.
    
    14.3.1 Warning
    
    Oral notice that continuation or repetition of prohibited conduct may be cause for additional disciplinary action. This sanction does not include the creation of a disciplinary file.
    
    14.3.2 Censure
    
    A written reprimand for violation of specified regulations, including a warning that continuation or repetition of prohibited conduct may be cause for additional disciplinary action.
    
    14.3.3 Restitution, Service Hours, Fines, Administrative Room Change, Special Programs
    
    

    1. Reimbursement for damage to, or destruction of, University property or property of any person.
    2. Appropriate community service. A service project may be substituted for individual community service hours. Consultation with the Director, Office of Student Conduct may be appropriate.
    3. Relocation to another room or residence with coordination of the appropriate University staff.
    4. A reasonable fine in the form of a cashier's or certified check.
    5. A minimum fine of $75.00 will be assessed against students who drive on Fraternity Commons payable to NCSU for repairs and grounds maintenance.
    6. Special program attendance as deemed appropriate by the Coordinator, Office of Student Conduct.
       
       

    14.3.4 Restriction of Privileges
    
    A student given this sanction may not attend University events that require presentation of the All Campus Card. This sanction may not exceed ninety days.
    
    The following privilege will be restricted:
    
    

    • Attendance at and the ability to purchase or receive free tickets for athletic events.
      
      

    The following privileges may be restricted:
    
    

    • Use of Carmichael Gymnasium (outside of classroom hours).
    • Visitation in Residence Hall(s)
    • Participation in intercollegiate athletic events.
    • Loans from the Student Government.
      
      

    The following privileges will not be restricted:
    
    

    • Use of the library
    • Use of the Student Health Services
    • Use of the Dining Hall
    • Membership in Talley Student Center
    • Use of NCSU Bookstore
    • Use of Student Bank
      
      

    14.3.5 Disciplinary Probation
    
    The placing of the student on probationary status for a definite period of time. A summer session may be counted as part of the probation and would be equivalent to one-half of a regular semester.
    
    If a student is found guilty of or admits guilt for an offense while on disciplinary probation, more severe sanctions will be levied and suspension or expulsion will be considered.
    
    14.3.6 Disciplinary Eviction
    
    Removal from University housing on disciplinary grounds.
    
    

    • Eviction may be for a specified period of time or permanent.
    • All costs incidental to eviction as specified in the Housing Agreement are the responsibility of the evicted student.
    • Students subject to eviction may be banned from the residence halls.
      
      

    14.3.7 Suspension
    
    Separation from the University for a specified period of time. A summer session may be counted as part of the suspension and is equivalent to one- half of a regular semester. The student while suspended shall not participate in any University-sponsored activity and may be barred from University premises. Permanent transcript notations of suspension are optional and may be utilized on a case by case basis by the Judicial Boards or Appeal designee based on whether the student is a repeat offender or might pose a danger at another institution, or other similar circumstances.
    
    A disciplinary file will be maintained on a permanent basis.
    
    14.3.8 Expulsion
    
    Permanent separation of the student from the University, unless at a later date the Chancellor who imposed or approved the punishment (or his or her successor) concludes on the basis of the former student's petition and any supportive documentation that he or she should be given a new opportunity to pursue higher education. The student will be barred from University premises. Expulsion may result in a permanent transcript notation.
    
    14.3.9 Additional Sanctions
    
    Additional sanctions not listed above may be applied, after consultation and approval of the Director, Office of Student Conduct. Such sanctions, where appropriate, may include but are not limited to, restrictions or denials of parking privileges, service or research projects, required counseling, behavioral contracts, trespass orders, etc. For graduate students, other sanctions may apply if the Dean of the Graduate School or in the case of graduate students enrolled in the DVM program, the Dean of the College of Veterinary Medicine determines that the graduate student is subject to the policies and procedures established for the Graduate School or the College of Veterinary Medicine.
    
    14.4 Circumstances Affecting Sanctions
    
    14.4.1 Violations of this Code that involve drugs, substantial theft or fraud, burglary, physical damage to persons or property, or actions that create a substantial risk of bodily harm will usually result in suspension or expulsion from the University, unless significant mitigating factors are present. (Note that the NCSU Policy on Illegal Drugs does not recognize mitigating factors and that Policy will control as to sanctions.) Factors to be considered in mitigation shall be the present demeanor and past disciplinary record of the offender, as well as the nature of the offense and the severity of any damage, injury or harm resulting from it. The Director, Office of Student Conduct may upon initial investigation of the charges determine whether if proved, they may possibly result in suspension or expulsion and schedule a hearing accordingly.
    
    14.4.2 Repeated or aggravated violations of any section of this Code may also result in expulsion or suspension or in the imposition of such lesser penalties as may be appropriate.
    
    14.4.3 Attempts to commit acts prohibited by this Code may also be punished.
    
    14.5 Extraordinary Disciplinary Intervention
    
    14.5.1 This section shall be applicable but not limited to the following:
    
    

    1. Dangerous or disruptive student behavior, including danger to self or others.
    2. Students charged with a serious crime(s), including weapons violations.
    3. Students charged with a violation of University Drug Policies.
       
       

    14.5.2 The Director, Office of Student Conduct, in conjunction with appropriate University administrators may suspend or effect a change in residence of a student for an interim period pending disciplinary proceedings or medical evaluation, such interim suspension to become immediately effective without prior notice whenever there is evidence that the continued presence of the student on the University campus and/or in University Housing poses a substantial threat:
    
    

    1. to self or others, and/or
    2. of causing significant property damage, and/or
    3. to the stability and continuance of normal University functions, and/or
    4. of directly and substantially impeding the lawful activities of others.
       
       

    14.5.3 A student suspended on an interim basis shall be given an opportunity to appear personally before the Vice Chancellor for Student Affairs, or in the case of graduate students enrolled in the DVM program before the Dean of the college of Veterinary Medicine, or in the case of other graduate students before the Dean of the Graduate School, within five business days from the effective date of the interim suspension, in order to review the following issues only:
    
    

    1. The reliability of the information concerning the student's behavior;
    2. Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the University campus and/or in the Residence Halls poses a substantial threat:
       
       
       • to self or others, and/or - of causing significant property damage, and/or
       • to the stability and continuance of normal University functions, and/or
       • of directly and substantially impeding the lawful activities of others. c. Whether or not the student has completed as directed by the Director, Office of Student Conduct, an evaluation by a psychiatrist of his or her choice or by a psychiatrist in the NCSU Counseling Center.
         
         
    3. Whether or not the student has completed as directed by the Director, Office of Student Conduct, an evaluation by a psychiatrist of his or her choice or by a psychiatrist in the NCSU Counseling Center.
       
       

    14.5.4 A student subject to interim suspension will follow the procedures outlined in the Extraordinary Disciplinary Intervention section of the Procedures Manual for this Code.
    
    14.5.5 A student accused of violating University disciplinary regulations may be diverted from the regular disciplinary process and suspended on an interim basis, if the student, as a result of mental disorder:
    
    

    1. lacks the capacity to respond to pending disciplinary charges, and/or
    2. did not know the nature or wrongfulness of the conduct at the time of the offense and/or
    3. poses a danger to self or others.
       
       

    14.5.6 The Director, Office of Student Conduct may require a student to be evaluated by a licensed psychiatrist if the Director reasonably believes that the student may meet the criteria set forth in (14.5.5) above, if a student subject to disciplinary charges wishes to introduce relevant evidence of any mental disorder, or if there is reason to believe the student may be a danger to themselves or others. Students referred for evaluation in accordance with this section shall be so informed in writing, either by personal delivery or by certified mail. The evaluation must be completed within five business days from the date of the referral letter, unless an extension is granted by the Director in writing. Any pending disciplinary action may be withheld until the evaluation is completed, in the discretion of the Director, Office of Student Conduct. A student who fails to complete the evaluation may be suspended on an interim basis, or referred for disciplinary action, or both.
    
    14.6 Student Groups and Organizations
    
    14.6.1 Commentary
    
    A position of leadership in a student group or organization entails responsibility. Student officers cannot knowingly permit, condone or acquiesce in any violation of this Code by the group or organization. For example, officers of a campus club who organize or supervise an activity such as a "scavenger hunt" must take reasonable precautions before, during, and after the event to prevent the misappropriation of property
    belonging to others. Failure to do so may result in a finding that the officers consented to any act of theft that may have occurred.
    
    This part of the Code is also designed to hold a group or organization and its officers accountable for any act of hazing. For example, requiring, expecting, or encouraging a "pledge" to consume any drug (including alcohol) as a condition or prelude to membership, or further participation in the organization, would constitute a violation. Likewise requiring, expecting, or encouraging a "pledge" to participate in acts, or activities that would put that individual in fear of bodily injury or harm as a condition or prelude to membership, or further participation in the organization would constitute a violation. This is so because such an activity may cause "apprehension of harm" from the standpoint of a reasonable observer, and constitutes an interference with normal University activities. The express or implied "consent" of the victim or participant is not a defense.
    
    14.6.2 Student groups and organizations may be charged with violations of this Code without regard to whether members of such groups or organizations are individually charged with violations arising from the same incidents.
    
    14.6.3 A student group or organization and its officers may be held collectively or individually responsible when violations of this Code by those associated with the group or organization have received the consent or encouragement of the group or organization or of the group's or organization's leaders or officers.
    
    14.6.4 The officers or leaders or any identifiable spokesman for a student group or organization may be directed by the Director, Office of Student Conduct to take appropriate action designed to prevent or end violations of this Code by the group or organization. Failure to make reasonable efforts to comply with the Director's directive shall be considered a violation of this Code, both by the officers, leaders or spokesmen for the group or organization and by the group or organization itself.
    
    14.6.5 Sanctions for group or organization misconduct may include revocation or denial of registration, as well as other appropriate sanctions, pursuant to this Code.
    
    14.7 Standards of Due Process
    
    14.7.1 Advance written notice of charges will be provided prior to the conference or hearing in all cases unless waived by the student in writing.
    
    14.7.2 Students subject to suspension, expulsion, or disciplinary termination from University housing will be entitled to the appropriate judicial board hearing unless they waive that right in writing or unless the Extraordinary Disciplinary Proceedings would take precedence. Students subject to any other sanction will be entitled to an informal disciplinary conference.
    
    14.7.3 The focus of inquiry in disciplinary proceedings shall be the guilt or innocence of those accused of violating disciplinary regulations. Formal rules of evidence shall not be applicable, nor shall deviations from the prescribed procedures necessarily invalidate a decision or proceeding, unless significant prejudice to a student respondent or the University may result.
    
    14.7.4 The Director, Office of Student Conduct, shall prepare and make available to all students, a Procedures Manual for use in student disciplinary cases. The Procedures Manual is subject to approval by the Vice Chancellor for Student Affairs and the Chancellor.
    
    14.8 Violations of Law and Disciplinary Regulations
    
    Students may be accountable to both civil authorities and to the University for acts which constitute violations of law and of this Code. Disciplinary action at the University will normally proceed while awaiting criminal proceedings and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced. However, a student who faces criminal charges may choose to submit to interim sanctions, such as suspension and/or eviction, pending the criminal proceeding. The interim sanctions will be imposed by the Director, Office of Student Conduct, without a hearing or ruling on the behavior in question, so as to protect the campus community while protecting the accused from creating a record that may be used against him or her in criminal court. Once a criminal judgement has been rendered (Including prayer for judgement continued), the student then has the right to pursue the normal procedures for campus disciplinary actions.
    
    15. GLOSSARY
    
    When used in the Code and Procedures Manual:
    
    15.1 The term "advisor" means an individual who gives advice or consultation to a student who is charged under the Code. The advisor may be a Student Judicial Assistant, another student, or a faculty or staff member who is not an attorney. 15.2 The term "aggravated violation" means a violation which resulted or foreseeably could have resulted in significant damage to persons or property or which otherwise posed a substantial threat to the stability and continuance of normal University or University sponsored activities.
    
    15.3 The term "campus appearance ticket (CAT)" refers to a document written by the Public Safety Department and given to a respondent that notifies them of the charges against them. The CAT may be amended to reflect additional charges or a more accurate description of charges by Public Safety or the Director, Office of Student Conduct, providing the respondent is notified in writing. The CAT clearly states that the respondent shall call or report to Student Development within the next two University business days or face contempt charges.
    
    15.4 The term "chief justice" means the chief administrative student officer who is elected on an annual basis. The Chief Justice serves as presiding officer for hearings before the Student-Faculty Board and the Academic Integrity Board.
    
    15.5 The term "complainant" means an individual or individuals making a complaint or a formal accusation against an individual or a group.
    
    15.6 The term "designee" means the individual who is appointed or selected by the titled official to serve in place of the titled official.
    
    15.7 The term "distribution" means any sale, exchange or transfer of any kind.
    
    15.8 The term "group" means a number of persons who are associated with each other and who have not complied with University requirements for registration as an organization.
    
    15.9 The term "institution" and "University" mean the North Carolina State University and all of its undergraduate, graduate and professional schools and colleges, and administrative units.
    
    15.10 The term "organization" means a number of persons who have complied with University requirements for registration.
    
    15.11 The term "reckless" means conduct which one should reasonably be expected to know would create a substantial risk of harm to persons or property or which would otherwise be likely to result in interference with normal University or University sponsored activities.
    
    15.12 The term "respondent" means an individual or individuals who must answer or respond to a complaint or formal accusation against them.
    
    15.13 The term "student" means any person enrolled at the University, or persons accepted for enrollment, to include students in attendance at Orientation. Graduate students and students enrolled in the College of Veterinary Medicine may also be subject to other policies.
    
    15.14 The term "faculty member" means any person with a University designation of Professor, Associate Professor, Assistant Professor, Lecturer, and/or other employees of N.C. State whose credentials have been reviewed and accepted by the faculty senate for inclusion in the general constituency of the faculty. For the purposes of this Code and Procedures Manual, graduate teaching assistants will also be included in this category.
    
    15.15 The term "student in good standing" means a student who is not presently under a penalty or probation such as Academic Warning or Academic Probation and includes all forms of judicial probation, suspension or expulsion.
    
    15.16 The term "University premises" means buildings or grounds owned, leased, operated, controlled or supervised by the University.
    
    15.17 The term "University-sponsored activity" means any activity on or off campus which is initiated, aided, authorized, or supervised by the University.
    
    15.18 The term "weapon" means any object or substance designed or used to inflict a wound, cause injury, or incapacitate, including, but not limited to, gun, rifle, pistol, bow, dynamite cartridge, bomb, grenade, mine, bowie knife, dirk dagger, sword, num-chucks, sling shot, leaded cane, switch-blade knife, black jack, metallic knuckles, stun gun, knife with a blade five or more inches in length, and chemicals such as "mace", "pepper spray", or tear-gas (if used in an illegal manner).
    
    15.19 The term "will or shall" means a command, or that a directive is mandatory. (Under some circumstances students may waive their rights to certain requirements as described in this Code.)
    
    15.20 The terms, Chancellor, Vice Chancellor for Student Affairs, Provost, Dean of the Graduate School, Dean of Undergraduate Studies, Director of Housing and Residence Life, Director, Office of Student Conduct, Assistant Coordinator, Office of Student Conduct, and Student Chief Justice mean those individuals as well as their designees or appointees.