Prohibited Conduct

All Students are responsible for conducting themselves in a manner that creates 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. Lack of familiarity with University policy, intoxication or impairment from alcohol, drugs, or other substances, or an individual’s disability is not an excuse or defense to a violation of the Code. Unless specifically noted in the policy definition, intent is not a required element to establish a policy violation. Additionally, attempting to engage in behavior(s) that may be in violation of this Code may also be pursued as an alleged violation.

**Behavior that occurs at Appalachian by a student at any college or university may be referred to their home institution for resolution.

Prohibited conduct includes the following:

Being an accessory to the commission of, or knowingly being in the presence of prohibited conduct.

Physical Violence: – Engaging in any behavior against another person that (1) inflicts, attempts to inflict, or assists in inflicting bodily harm to a person (2) inappropriate physical contact with another person, such as pushing, slapping, or spitting (3) unwanted physical touching with another individual.
Threats: Threatening another individual or group, whether communicated to one (1) 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.
Acts Against University Official or Emergency Personnel: Placing a University Official or Emergency Personnel (e.g., Police Officers, Firefighters, EMT, etc.) in fear or at risk of physical harm or danger or engaging in physical violence against a University Official or Emergency Personnel.
Threats Towards a University-Sponsored Activity: Directing threats of violence which disrupt a University-sponsored activity and/or operations.
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.
Endangerment: Acting in a manner that could or did endanger, place the health or safety of another at serious risk, or creates a substantial risk of physical harm to a person or the Appalachian State University community.

Underage Possession/Use: Possessing or using alcohol while under the age of twenty-one (21).
Driving Under the Influence: Operating a motor vehicle under the influence of alcohol or while impaired by the consumption of alcohol.
Providing to Minors: Providing alcohol to any individual under the age of twenty-one (21).
Public Intoxication: – Being intoxicated in public attributable in part or in whole to the use of alcohol.
Violation of Alcohol Policies: Violating Policy 106 – Drugs and Alcohol including, but not limited to, (c) having common source containers within any University housing, any University outdoor area, or event sponsored by a Student Organization; or (d) possessing an open container on University Premises, unless specifically permitted under Policy 106 – Drugs and Alcohol. (e) violating the Housing Alcohol Policy (f) possessing or using any item(s) that facilitates the excessive or rapid consumption of alcohol such as drinking games or drinking related devices

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 .

Disruption of University Function or University-Sponsored Activities: Materially and substantially disrupting the functioning of the University. See UNC System Policy and Facility Use Policy - Section 4.1.10 .
Disruption of Student Environment: Engaging in behavior that is likely to disrupt, obstruct, or interfere with a students living or learning environment.
Obscene Conduct: Lewd, indecent, or obscene conduct.
Rioting/Raiding: Rioting, inciting to riot, assembling to riot, raiding, inciting to raid, or assembling to raid University operating units or property.
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.
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.
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.

Manufacturing/Selling/Distributing: Manufacturing (including growing marijuana), selling, distributing, or possessing with the intent to manufacture, sell, or distribute any substance identified as a controlled substance by North Carolina General Statutes, Chapter 90, Article 5 (North Carolina Controlled Substances Act ).
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 ).
Misuse: Misusing over-the-counter drugs, medically prescribed drugs, psychoactive agents, or huffing/sniffing any substance not intended for such use.
Paraphernalia: Possessing drug paraphernalia, including, but not limited to, pipes, scales, bongs, blow tubes, and roach holders.
Driving Under the Influence: Driving while impaired attributable in part or in whole to the use of drugs.
Public Intoxication: Being intoxicated in public attributable in part or in whole to the use of drugs.

Failure to Comply: 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 failing to comply with posted policies of ticketed events.
Outcomes: Failing to comply with outcomes imposed under this Code or the Academic Integrity Code.
Unauthorized Disclosure: Disclosing without authorization confidential records, tapes, information, or documents provided ancillary to any proceedings under this Code.
Unapproved Events: Failing to comply with the rules and regulations of holding sanctioned and approved events.

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.
Misleading: Furnishing false information to University or emergency personnel with the intent to deceive or mislead.
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.
Misuse of University Documents: (1) Forging, altering, or misusing University documents or records, or (2) altering documents provided to the University with the intent to deceive or mislead.
Fake Identification: Possessing or using a fake, forged, or altered instrument of identification including, but not limited to, any kind of identification card.
False Report of Emergency: Falsely reporting a fire or other emergency or falsely setting off a fire alarm.

Unauthorized Setting: Setting a fire without authorization.
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.

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.

Throwing or launching any object or substance which has potential for damaging or defacing property or causing physical harm or disruption. This may include snowballs, toy foam darts, etc.

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.

Soliciting or fundraising on University premises without authorization.

Engaging in any actions on more than one (1) 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.

Taking or possessing the property of another without permission.

Elevators: Entering into an elevator shaft or riding on top of an elevator car without authorization.
University Premises: Entering, accessing, or attempting to access University premises without authorization.
Property of Another: Entering, accessing, or attempting to access the property of another without permission.

Engaging in an act that intentionally or recklessly damages, destroys, or defaces property owned by another.

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. .

Violating any written policies, regulations, or rules of the University as may be amended from time to time.

Possession: Possessing any firearm, explosive, or Weapon on University premises without authorization, except as otherwise explicitly allowed by law. /li>
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.

Student Conduct