Prohibited Conduct

All students 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. Students are responsible for abiding by this Code, agree to the expectations set forth by the University, and can be held responsible for their behavior. Prohibited conduct includes the following:

4.01     Alcohol (Standard Sanctions Available in Appendix A)

  1. Underage Possession/Use Possessing or using alcohol by any student under the age of twenty-one (21).
    Minimum Sanction: Disciplinary Warning
  2. Improper Possession/Use Possessing or using alcohol where it is not legally permissible to do so, regardless of age. Additional information regarding the possession or use of alcohol on University premises can be found in Policy 106- Drugs and Alcohol.
    Minimum Sanction: Disciplinary Warning
  3. Driving Under the Influence Driving while impaired attributable in part or in whole to the use of alcohol or driving after consuming while under the age of twenty-one (21).
    Minimum Sanction: Disciplinary Probation
  4. Providing to Minors Providing alcohol to any individual under the age of twenty-one (21).
    Minimum Sanction: Disciplinary Warning
  5. Public Intoxication Public intoxication attributable in part or in whole to the use of alcohol.
    Minimum Sanction: Disciplinary Warning
  6. Energy Drinks Possessing or using energy drinks containing alcohol on University premises.
    Minimum Sanction: Disciplinary Warning
  7. Paraphernalia Possessing alcohol paraphernalia on University premises, including but not limited to, beer bongs and funnels, alcohol without liquid devices, kegs, beer balls, party balls, and similar alcohol containers.
    Minimum Sanction: Letter of Concern

4.02     Accessory

  1. Attempting to commit, being an accessory to the commission of, or knowingly being in the presence of prohibited conduct.
    Minimum Sanction: Letter of Concern

4.03     Acts of Harm

  1. Physical Injury – Inflicting physical injury upon another individual.
    Minimum Sanction: Disciplinary Probation
  2. Threats Threatening another individual or group, whether communicated to one or more individuals, physically, verbally, or by any other means such that the individual or group reasonably believe that the threat is likely to be carried out. Examples include, but are not limited to, intimidation, and coercion.
    Minimum Sanction: Disciplinary Probation
  3. Reckless Behavior Intentionally or recklessly causing any act that creates a substantial risk of bodily harm to another.
    Minimum Sanction: Disciplinary Warning
  4. Acts Against University Employee Placing a University employee in fear or at risk of physical injury or danger or inflicting physical injury upon a University employee.
    Minimum Sanction: Suspension
  5. Threats Towards a University-Sponsored Activity Directing threats of violence in order to disrupt a University-sponsored activity.
    Minimum Sanction: Suspension
  6. Bullying/Cyberbullying  Engaging in repeated or severe aggressive behaviors that intimidates, intentionally harms, controls, or seeks to control another individual physically, mentally, or emotionally. Examples include, but are not limited to, spreading rumors, teasing, taunting, and intentionally embarrassing another individual.
    Minimum Sanction: Discplinary Probation

4.04     Computer Misuse

  1. Misusing or abusing computers, computer systems, computer networks, programs, computer resources, or data. Additional information can be found in Policy 901 – Use of Computers and Data Communications
    Minimum Sanction: Disciplinary Probation

4.05     Disorderly Conduct

  1. Disruption of University-Sponsored Activities Intentionally disrupting, obstructing, or interfering with teaching, research, co-curricular, or other University-sponsored activities.
    Minimum Sanction: Disciplinary Probation
  2. Disruption of Student Environment Intentionally disrupting, obstructing, or interfering with a student’s living or learning environment.
    Minimum Sanction: Disciplinary Probation
  3. Obscene Conduct Lewd, indecent, or obscene conduct.
    Minimum Sanction: Disciplinary Warning
  4. Rioting/Raiding Rioting, inciting to riot, assembling to riot, raiding, inciting to raid, or assembling to raid operating units or University property.
    Minimum Sanction: Disciplinary Probation
  5. Public Disturbance Creating a public disturbance, including, but not limited to, fighting or other violent behavior/conduct; creating the threat of imminent fighting or other violence; committing a nuisance or generally engaging in disruptive behavior; using language that is likely to provoke a reasonable individual to violent retaliation; and disrupting, disturbing, or interfering with the academic atmosphere of a living or learning environment.
    Minimum Sanction: Disciplinary Probation
  6. Excessive/Disruptive Noise Engaging in excessive or disruptive noise, including, but not limited to, the public use of unapproved amplified sound and the amplification of sound in a manner that disrupts or disturbs the normal functioning of the University.
    Minimum Sanction: Discplinary Warning

4.06     Drugs (Standard Sanctions Available in Appendix B)

  1. Schedule I-II Manufacturing/Selling/Delivering – Manufacturing, selling, delivering, or possessing with the intent to manufacture, sell, or deliver, any substance identified as a Schedule I-II controlled substance by North Carolina General Statutes, Chapter 90, Article 5 (North Carolina Controlled Substances Act), or similar relevant provisions of federal or foreign law, including, but not limited to, heroin, cocaine, ecstasy, LSD/acid, mushrooms, opium, amphetamines (e.g., Adderall), and methamphetamines.
    Minimum Sanction: Expulsion
  2. Schedule I-II Possession/Use Possessing or using any unauthorized substance identified as a Schedule I-II controlled substance by North Carolina General Statutes, Chapter 90, Article 5 (North Carolina Controlled Substances Act), or similar relevant provisions of federal or foreign law, including, but not limited to, heroin, cocaine, ecstasy, LSD/acid, mushrooms, opium, amphetamines (e.g., Adderall), and methamphetamines.
    Minimum Sanction: Suspension
  3. Schedule III-VI Manufacturing/Selling/Delivering Manufacturing, selling, delivering, or possessing with the intent to manufacture, sell, or deliver, any substance identified as a Schedule III-VI controlled substance by North Carolina General Statutes, Chapter 90, Article 5 (North Carolina Controlled Substances Act), or similar relevant provisions of federal or foreign law, including, but not limited to, marijuana and synthetic cannabis (K2, spice, etc.).
    Minimum Sanction: Suspension
  4. Schedule III-VI Possession/Use Possessing or using any unauthorized substance identified as a Schedule III-VI controlled substance by North Carolina General Statutes, Chapter 90, Article 5 (North Carolina Controlled Substances Act), or similar relevant provisions of federal or foreign law, including, but not limited to, marijuana and synthetic cannabis (K2, spice, etc.).
    Minimum Sanction: Disciplinary Probation
  5. Prescription Medication Abusing medically prescribed drugs.
    Minimum Sanction: Disciplinary Probation
  6. Over-the-Counter Drugs Misusing over-the-counter drugs.
    Minimum Sanction: Disciplinary Probation
  7. Huffing/Sniffing Huffing or sniffing any substance not intended for such use.
    Minimum Sanction: Disciplinary Probation
  8. Paraphernalia Possessing drug paraphernalia, including, but not limited to, pipes, scales, bongs, blow tubes, and roach holders.
    Minimum Sanction: Disciplinary Warning
  9. Driving Under the Influence Driving while impaired attributable in part or in whole to the use of drugs.
    Minimum Sanction: Disciplinary Probation
  10. Public Intoxication Public intoxication attributable in part or in whole to the use of drugs.
    Minimum Sanction: Disciplinary Probation

4.07     Failure to Comply

  1. Obstruction of Personnel Intentionally delaying, obstructing, resisting, or failing to comply with the reasonable request of an individual who, in the performance of their duties, identifies themselves as an employee of the University or emergency personnel.
    Minimum Sanction: Disciplinary Warning
  2. Sanctions Failing to comply with sanctions imposed under this Code.
    Minimum Sanction: Disciplinary Warning
  3. Unauthorized Disclosure Disclosing without authorization confidential records, tapes, information, or documents provided ancillary to any proceedings under this Code.
    Minimum Sanction: Discplinary Warning

4.08     False Information

  1. Bomb Threat – Falsely reporting the presence of an unlawful explosive or incendiary device with the intent to mislead, deceive, or disrupt the operation of the University or a University-sponsored activity.
    Minimum Sanction: Expulsion
  2. Misleading – Furnishing false information to the University or emergency personnel with the intent to deceive or mislead, including, but not limited to, filing a false complaint alleging misconduct by another individual. Providing information in good faith, which later is determined to be without merit, shall not be considered a violation of this Code.
    Minimum Sanction: Disciplinary Warning
  3. False Statements – Knowingly making in public a false oral statement or knowingly publishing/distributing a false written or printed statement with the intent to deceive or mislead.
    Minimum Sanction: Disciplinary Warning
  4. Misuse of University Documents – Forging, altering, or misusing University documents or records.
    Minimum Sanction: Disciplinary Probation
  5. Fake Identification – Possessing or using a fake, forged, or altered identification card of any kind.
    Minimum Sanction: Disciplinary Warning
  6. False Report of Emergency Falsely reporting a fire or other emergency or falsely setting off a fire alarm.
    Minimum Sanction: Suspension

4.09     Fires and Emergencies

  1. Unauthorized Setting – Setting a fire without authorization.
    Minimum Sanction: Disciplinary Warning
  2. Inappropriate Use of Emergency Equipment – Tampering with or removing from its proper location any fire extinguisher, hose, or other fire or emergency equipment, except when done with a reasonable belief of real need for such equipment.
    Minimum Sanction: Disciplinary Warning

4.10     Gambling

  1. Operating, playing, or betting on any game of chance at which any money, property, or other thing of value is bet, except as permitted by law. Examples of gambling include, but are not limited to, betting on, wagering on, or selling pools on any University athletic event; possessing any card, book, or other device for registering bets; offering, soliciting, or accepting a bribe to influence the outcome of any athletic event; and card games that result in individual profit or loss.
    Minimum Sanction: Disciplinary Warning

4.11     Harassment

  1. Engaging in unwelcome and unsolicited speech or conduct based upon race, color, religion, creed, sex, national origin, age, political affiliation, veteran status, disability, sexual orientation, or gender identity and expression that creates a hostile environment or circumstances involving quid pro quo. Harassment includes, but is not limited to, all acts of sexual misconduct as defined in Section 4.15 of this Code. Additional information can be found in Policy 401.2 – Harassment and Discrimination
    Minimum Sanction: Disciplinary Probation

4.12     Hazing

  1. Causing or permitting an individual, as part of an initiation or as a criterion or perceived criterion of membership in a society, club, athletic team, or similar group or organization, to participate in any activity that subjects or is likely to subject that individual or others to risk of physical, mental, or emotional harm, or destroys or removes property, whether or not that individual has consented to participation in the activity. Silent participation or being in the presence of hazing is not a neutral act; they are considered a violation of this provision.
    Minimum Sanction: Disciplinary Probation

4.13     Projectiles

  1. Throwing or launching any object or substance which has potential for damaging or defacing property or causing personal injury or disruption.
    Minimum Sanction: Letter of Concern

4.14     Retaliation

  1. Treating an individual adversely because that individual filed a complaint or concern, provided information relative to a complaint or concern, or otherwise was involved in such a complaint or concern in any way.
    Minimum Sanction: Disciplinary Probation

4.15     Sexual Misconduct

  1. Sexual Harassment Engaging in unwelcome conduct of a sexual nature that is sufficiently severe, persistent, or pervasive that it interferes with, denies, or limits an individual’s ability to participate in or benefit from the University’s educational program or activities, and is based on circumstances involving quid pro quo sexual harassment, the creation of a hostile environment, or retaliation. Examples include, but are not limited to, unwelcome sexual advances; requests for sexual favors; sexually-based stalking or bullying; and other verbal, nonverbal, or physical conduct of a sexual nature (e.g., any act of sexual misconduct as defined in this Code).
    Minimum Sanction: Disciplinary Probation
  2. Non-Consensual Sexual Contact – Engaging in intentional sexual touching of any body part, however slight, with any object, upon another individual, without consent or by force. Examples of sexual touching include, but are not limited to, contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making an individual touch another or themselves with or on any of these body parts; and any bodily contact of a sexual manner, though not involving contact with/of/by the breasts, buttocks, groin, genitals, mouth, or other orifice.
    Minimum Sanction: Disciplinary Probation
  3. Non-Consensual Sexual Intercourse – Engaging in any sexual intercourse (anal, oral, or vaginal), however slight, with any object, upon another individual, without consent or by force. Examples of sexual intercourse include, but are not limited to, vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact).
    Minimum Sanction: Suspension (eight semesters)
  4. Sexual Exploitation Taking non-consensual, unjust, or abusive sexual advantage of another for one’s own advantage or benefit or to benefit or advantage anyone other than the one being exploited. Examples include, but are not limited to, invasion of sexual privacy; photography of a sexual nature without consent; distributing photographs or recorded sexual images or activity without consent; viewing or downloading child pornography; prostituting another individual; video or audio taping sexual activity without consent of the partner(s); allowing a third party to observe sexual activity without consent of the partner(s) (e.g., letting individuals hide in closet to watch consensual sexual activity); engaging in voyeurism, peeping, or indecent exposure; knowingly transmitting sexually transmitted infections or other communicable diseases without the knowledge of the partner(s); and exposing one’s genitals in non-consensual circumstances or inducing another to expose their breasts, buttocks, groin, or genitals.
    Minimum Sanction: Disciplinary Probation

4.16     Skateboards and Similar Devices

  1. Using skateboards, in-line skates, or similar devices on University premises.
    Minimum Sanction: Disciplinary Warning

4.17     Solicitation and Fundraising

  1. Soliciting or fundraising on University premises without authorization.
    Minimum Sanction: Disciplinary Warning

4.18     Stalking

  1. Engaging in any behaviors or activities occurring on more than one occasion directed at a specific individual that places or is likely to place a reasonable individual in fear or at risk of physical, mental or emotional harm for themselves or others. Such behaviors or activities may occur directly, indirectly, or through a third party, and may include, but are not limited to, unwelcome communication of any type (e.g., face-to-face, telephone calls, voice messages, electronic mail, written letters or notes); unwanted gifts; pursuing/following; observing/surveillance; or interference with property.
    Minimum Sanction: Disciplinary Probation

4.19     Theft or Unauthorized Possession

  1. Taking or possessing the property of another without permission.
    Minimum Sanction: Disciplinary Probation

4.20     Unauthorized Entry or Access

  1. Elevators Entering into an elevator shaft or riding on top of an elevator car without authorization.
    Minimum Sanction: Suspension
  2. University Premises – Entering or using University premises without authorization.
    Minimum Sanction: Disciplinary Probation
  3. Property of Another – Entering or using the property of another without authorization.
    Minimum Sanction: Disciplinary Probation

4.21     Vandalism

  1. Engaging in an act that intentionally or recklessly damages, destroys, or defaces property owned by another.
    Minimum Sanction: Disciplinary Probation

4.22     Violation of Law

  1. Committing or attempting to commit an act that would be in violation of any federal, state, or local law, and that is not covered under any other provision of this Code.
    Minimum Sanction: Disciplinary Warning

4.23     Violation of University Policies, Regulations, or Rules

  1. Violating any written policies, regulations, or rules of the University, as adopted by the University and as may be amended from time to time, including, but not limited to, rules and regulations established by University Housing or the Residence Hall License and Contract Agreement, Policy 301.5 – Bicycle Helmets , Policy 303.24 – Animals on Campus , and Policy 303.25 – Smoking on University Property .
    Minimum Sanction: Letter of Concern

4.24     Weapons

  1. Explosives – Possessing a dynamite cartridge, bomb (homemade or otherwise), grenade, mine, powerful explosive, or any other similar device.
    Minimum Sanction: Expulsion
  2. Firearms/Weapons – Possessing any firearm or weapon on University premises without authorization, except as otherwise explicitly allowed by law.
    Minimum Sanction: Suspension (firearms); Disciplinary Probation (weapons)
  3. Displaying/Brandishing – Displaying or brandishing a firearm or weapon of any kind, or any item that may be used or perceived as a firearm or weapon, in a manner that would reasonably create a fear of harm to others.
    Minimum Sanction: Suspension

Contact Us

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Office of Student Conduct

Physical Address
320 Plemmons Student Union
263 Locust Street
Boone, North Carolina 28608

Mailing Address:
ASU Box 32084
Boone, NC 28608-2084

Phone: 828-262-2704
Fax: 828-262-4997

Email: 
studentconduct@appstate.edu

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