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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 under the age of twenty-one (21).
    Minimum Sanction: See Appendix A
  2. Improper Possession/Use Possessing or using alcohol where it is not 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: See Appendix A
  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: See Appendix A
  4. Providing to Minors Providing alcohol to any individual under the age of twenty-one (21).
    Minimum Sanction: Disciplinary Warning
  5. Public Intoxication  Being intoxicated  in public attributable in part or in whole to the use of alcohol.
    Minimum Sanction: See Appendix A
  6. Energy Drinks Possessing or using energy drinks containing alcohol on University premises.
    Minimum Sanction: See Appendix A
  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 Violence – Engaging in any form of violence against another person including but not limited to pushing, shoving, kicking, hitting, or other physical actions.
    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 believes 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 physical violence to another.
    Minimum Sanction: Disciplinary Warning
  4. Acts Against University Official or Emergency Personnel  Placing a University Official or Emergency Personnel (e.g. Police Officers, Firefighers, EMT, etc.) in fear or at risk of physical harm or danger or engaging in physical violence against a University Official or Emergency Personnel.
    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 aggressive behaviors that intimidate, intentionally harm, control, or seek to control another individual physically, mentally, or emotionally that it alters the conditions of education, employment, or participation in a university program or activity. An isolated incident, unless sufficiently severe, does not constitute a violation.
    Minimum Sanction: Discplinary Probation

4.04     Computer Misuse

  1. Misusing or abusing computers, computer systems, computer networks or any other electronic communication technologies. 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 Functions or University-Sponsored Activities Materially and substantially disrupting the functioning of the University.  See UNC System Policy 1300.8 and (Facility Use Policy - Section 4.1.10).
    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 University operating units or 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
  7. Non-Consensual Electronic Recording  Creating, using, or sharing a photograph, video, or audio recording without consent or authorization that places or is likely to place an individual at risk of physical, mental, or emotional harm.
    Minimum Sanction: Discplinary Warning

4.06     Drugs (Standard Sanctions Available in Appendix B)

  1. Manufacturing/Selling/Delivering – Manufacturing, selling, delivering, or possessing with the intent to manufacture, sell, or deliver any substance identified as a controlled substance by North Carolina General Statutes, Chapter 90, Article 5 (North Carolina Controlled Substances Act).
    Minimum Sanction: See Appendix B
  2. Possession/Use Possessing or using any unauthorized substance identified as a controlled substance by North Carolina General Statutes, Chapter 90, Article 5 (North Carolina Controlled Substances Act).
    Minimum Sanction: See Appendix B
  3. Prescription Medication Misusing medically prescribed drugs.
    Minimum Sanction: See Appendix B
  4. Over-the-Counter Drugs Misusing over-the-counter drugs.
    Minimum Sanction: See Appendix B
  5. Huffing/Sniffing Huffing or sniffing any substance not intended for such use.
    Minimum Sanction: See Appendix B
  6. Paraphernalia Possessing drug paraphernalia, including, but not limited to, pipes, scales, bongs, blow tubes, and roach holders.
    Minimum Sanction: Disciplinary Warning
  7. Driving Under the Influence Driving while impaired attributable in part or in whole to the use of drugs.
    Minimum Sanction: See Appendix B
  8. Public Intoxication Being intoxicated in public attributable in part or in whole to the use of drugs.
    Minimum Sanction: See Appendix B

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 a University Official or emergency personnel. Examples include but are not limited to, failure to comply with a no contact directive issued by the Office of the Dean of Students or not responding to an investigation request.
    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: Suspension
  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 verbal, physical, electronic, or other conduct based upon an individual’s protected status (as defined in Policy 110 Discrimination and Harassment) that creates a hostile environment or involves a quid pro quo exchange. Harassment occurs when this type of conduct unreasonably interferes with an individual’s: Educational environment (e.g., admission, academic standing, grades, assignment, etc.); Work environment (e.g., hiring, advancement, assignment, etc.); Participation in a University program or activity (e.g., campus housing, extra-curricular activities, etc.); or Receipt of legitimately requested services (e.g., disability or religious accommodations, etc.) Additional information can be found in Policy 110 Discrimination and Harassment.
    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 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 physical harm 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     Sex-Based Misconduct

        Please see the Sex-Based Misconduct Policy at https://titleix.appstate.edu/.

4.16     Skateboards and Similar Devices

  1. Improper Use – Use of skateboards, in-line skates, or similar devices in an unsafe manner including but not limited to, failing to yield the right of way to pedestrians, riding skating devices down steep grades or hills, operating skating devices inside parking garages or parking lots, performing tricks on any structures or facilities, using skating devices in buildings, operating a skating device while attached to any moving vehicle, and any other use not permitted under Policy 304.2 Use of Skateboards and Similar Devices.
    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 actions 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 actions 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 accessing University premises without authorization.
    Minimum Sanction: Disciplinary Probation
  3. Property of Another – Entering or accessing the property of another without permission.
    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: Suspension
  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