1. Code of Conduct
1.1 Any student whose conduct on or off campus becomes unsatisfactory and is determined to have a detrimental impact on the mission of the University will be subject to appropriate action through the Student Conduct Office. No student will be permitted to graduate or officially withdraw from the University while disciplinary action is pending against him or her. 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. All students must report, in writing, any federal, state, or local criminal charges and/or dispositions of criminal charges to the Office of Student Conduct.
1.2 According to the By-Laws of the Board of Trustees of The University of North Carolina at Pembroke (POL 01.05.01), ratified in March of 1968, the administration of the University is responsible for all phases of student discipline. The administration holds that a student enrolling in the University assumes an obligation to conduct himself/herself in a manner compatible with the University’s function as an educational institution. Further, the Board of Trustees has directed the administration to take appropriate disciplinary action against students and student organizations that are found to be in violation of the University’s Student Code of Conduct.
1.3 A UNCP student shall refrain from engaging in behaviors that violate the Student Code of Conduct listed below, which reflect conduct unbecoming of a student at The University of North Carolina at Pembroke:
2. Violating the Academic Honor Code (See Academic Honor Code in the Academic Policies section of the catalog for definitions of terms in 2.1-2.5)
2.3 Fabrication and Falsification
2.4 Abuse of Academic Materials
2.5 Complicity in Academic Dishonesty
3. Providing False Information
3.1 Furnishing false information to the University with intent to deceive
3.2 Withholding, with knowledge, information from the University
4.1 Forging, altering, defrauding, or misusing documents, charge cards or money, checks, records, and ID cards of an individual or the University
4.2 No student shall misrepresent himself/herself in, or with regard to, any transaction with the University, whether oral, written, or by other means
5. Failure to Comply with an Official Request
5. 1 Refusing to comply with any lawful order of a clearly identifiable University official acting in the performance of his/her duties in the enforcement of University policies (residence staff members are considered University officials when acting in an official capacity)
6. Failure to Present Identification
6. 1 Failure to present his/her ID when requested to do so by a University official;
7. Failure to Discharge University Obligations
7.1 Neglecting to discharge all obligations to the University prior to the close of each semester;
8. Computing Appropriate Use Policy
8.1 Violating the UNCP appropriate use policy for computers, networks, and federal copyright law (See Division of Information Technology Policy 0103 Appropriate Use Policy)
9. Disruptive and Disorderly Conduct
9.1 No student shall engage in conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University or members of the academic community
10. Setting of Fire and Fire Hazards
10.1 No student shall start a fire or create a fire hazard on University-owned or operated property or properties off campus. (Willful damage to property by fire shall be prosecuted as arson when appropriate.)
11. Fire Safety Equipment
11.1 Misusing, tampering with, or disturbing without proper cause any fire prevention and control equipment
12. Classroom Behavior
12.1 Disrupting classroom activity and/or other University functions by operating cell phones, pagers, beepers, etc., in classrooms, libraries, and labs
13. Obstructing or Disrupting Teaching, Research, or other University Activities
13.1 Obstructing or disrupting teaching, research, or other University activities on University premises; the handling of disruptive behavior in the classroom is left to the discretion of the individual faculty member. However, it is suggested that the faculty member make clear to the class in the syllabus or at an early class meeting that any behaviors that disrupt the teaching and/or educational process will not be tolerated. If a student displays such behavior, the faculty member should deal with it early and directly by speaking to the student. If it continues to be a problem the faculty member should ask the student to leave the classroom or speak with the student at the end of class and provide written documentation immediately to the department chair, dean, and Associate Vice Chancellor for Academic Affairs. Additionally, a written summary statement should be mailed to the student before the next class meeting outlining the conditionsunder which the student may return to the class, if allowed to do so, or notifying the student that the faculty member, in consultation with the department chair and dean, is recommending to Academic Affairs that the student be administratively withdrawn from the class. The Associate Vice Chancellor for Academic Affairs will ask the student for a written summary of class events. After reviewing materials submitted and conversation(s), the Associate Vice Chancellor for Academic Affairs will make a determination concerning the request for an academic withdrawal. The decision of the Associate Vice Chancellor is final.
14. Threatening Another
14.1 By means other than the use or threatened use of physical force, harassing or threatening another in a manner or through such behavior that a reasonable person would find threatening
15.1 Harassing another student by using objectively offensive speech or behavior of a biased or prejudiced nature related to one’s race, color, creed, national origin, sex, religion, handicap, or age, if such speech and/or behavior is so severe and pervasive as to effectively prevent the other student from obtaining an education or to create an objectively hostile educational environment;
16. Electronic Devices
16.1 Any unauthorized use of electronic or other devices to make an audio or video record of any person while on University premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking a picture of another person in a gym, locker room, or restroom.
17. Endangering the Health and/or Safety of Any Person (including one’s self )
17.1 No student shall take any action that creates a danger to any person’s health or safety or personal well-being.
18.1 No student shall cause physical harm or threaten to cause physical harm to another person; this includes, but is not limited to, the following: any unwanted and unlawful touching or attempted unwanted and unlawful touching. Physical assaults may result in suspension from the University.
19.1 The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
19.1.a. fear for his or her safety or the safety of others; or,
19.1.b. suffer substantial emotional distress.
19.2 No student shall engage in conduct that may cause a person to fear for his/her safety due to a pattern of behavior that is unwanted and/or an emotional/mental disruption of his/her daily life. Such acts may include, but are not limited to, following another person, telephone calls, e-mail messages, meeting at classes or places of residence, and written and electronic notes or letters. An alleged violation of this policy will be charged as a “hate crime” under the Violence against Women Reauthorization Act of 2013.
20. Dating Violence
20.1 The term “dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
20.1.a. the length of the relationship
20.1.b. the type of relationship
20.1.c. the frequency of interaction between the persons involved in the relationship.
20.2 No student shall engage in conduct which causes harm or may cause harm to a dating partner (as defined above). This includes, but is not limited to, any unwanted and unlawful touching or attempted unwanted and unlawful touching. An alleged violation of this policy will be charged as a “hate crime” under the Violence against Women Reauthorization Act of 2013.
21. Domestic Violence
21.1 The term “domestic violence” includes:
21.1.a. felony or misdemeanor crimes of violence committed by a current or former spouse of the victim,
21.1.b. by a person with whom the victim shares a child in common,
21.1.c. by a person who is cohabiting with or has cohabited with the victim as a spouse,
21.1.d. by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or,
21.1.e. by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family domestic violence laws of the jurisdiction.
21.2 No student shall engage in conduct which causes harm or may cause harm to a domestic partner (as defined above). This includes, but is not limited to, any unwanted and unlawful touching or attempted unwanted and unlawful touching. An alleged violation of this policy will be charged as a “hate crime” under the Violence against Women Reauthorization Act of 2013.
22. Unauthorized Entry/Trespassing
22.1 Unauthorized entry or presence in or upon or use of any University premises or property (including but not limited to roofs, storage facilities, crawl spaces, mechanical rooms and out buildings) or student property (i.e., automobiles, lockers, or residences) or unauthorized possession, duplication, loan, or use of keys to any university premises or property
23. Offensive or Disruptive Speech/Conduct
23.1 Engaging in objectively offensive or disruptive speech or conduct directed toward a member of or visitor to the University community; if such language or conduct is obscene or so severe and pervasive as to constitute legally prohibited harassment in that it effectively prevents an individual from obtaining an education or creates an objectively hostile educational or work environment
24. Abuse of Student Conduct System
24.1 Failure to obey the notice from a Campus Judicial Board or University official to appear for a meeting or hearing as part of the Student Conduct system
24.2 Falsification, distortion, or misrepresentation of information before a Campus Judicial Board or University Hearing Official
24.3 Disruption or interference with the orderly conduct of a Campus Judicial Board or Administrative Hearing proceeding
24.4 Institution of a student conduct code proceeding in bad faith
24.5 Attempting to discourage an individual’s proper participation in, or use of, the student conduct system
24.6 Attempting to influence the impartiality of a member of a Campus Judicial Board or Administrative Hearing Officer prior to, and/or during the course of , the Campus Judicial Board or Administrative Hearing proceeding
24.7 Harassment (verbal or physical) and/or intimidation of a member of a Campus Judicial Board or Administrative Hearing Officer prior to, during, and/or after a student conduct code proceeding
24.8 Failure to comply with the sanction(s) imposed under the Student Code
24.9 Influencing or attempting to influence another person to commit an abuse of the student conduct code system
25. Violating Policies Governing Residence Life
25.1 See Section VII of the Student Handbook-Student Housing
26. Bicycles, Skates, Skateboards, and Scooters
26.1 Rollerskating/blading, skateboarding, scooter riding and the riding of bicycles is prohibited in University buildings.
26.2 Rollerskating/blading, skateboarding, scooter and bicycle riding as a means of transportation is only permitted on walkways and ramps when the operator does not create a hazard to themselves or others.
26.3 Performing jumps or other stunts (“hot-dogging”) is strictly prohibited on campus.
26.4 Rollerskating/blading and skateboarding by visitors is prohibited.
26.5 Skateboarders and rollerskaters/bladers may not be towed by bicycles or other vehicles.
27. Vandalism and Damage to Property
27.1 Vandalizing, destroying maliciously, damaging, or misusing public or private properties, including library materials
28.1 All litter must be placed in a proper receptacle: no individual may scatter, spill, or place or cause to be blown, scattered, spilled, or placed or otherwise dispose of any litter upon any public or private property
29. Stealing or Attempting to Steal
29.1 Stealing or attempting to steal, aiding or abetting, receiving stolen property, selling stolen property, or embezzling the property of another person or the University
30. Alcohol and Drugs
30.1 Being intoxicated in public, displaying, driving under the influence, illegally possessing or using alcoholic beverages or liquors, or providing alcohol to students under legal age, found visibly overcome by alcohol, driving while under the influence of alcohol
30.2 Participation in behaviors/games/devices which are consistent with rapid consumption, including but not limited to: beer funnels/bongs, keg stands, shot-gunning/chugging, Flip Cup, Circle of Death, Beer Pong, or Quarters
30.3 Kegs are not permitted on campus. Students may not possess kegs, or any other common source containers of alcohol such as “party balls”, or use any item such as a bathtub, trash can or similar container to hold alcohol
30.4 Illegally manufacturing, selling, using, or possessing narcotics, barbiturates, amphetamines, marijuana, sedatives, tranquilizers, hallucinogens, and/or other known drugs and/or chemicals;
30.5 Buying, selling, possessing, or using any kind of drug paraphernalia or counterfeit drugs (see POL 04.25.01- Drug and Alcohol Policy of The University of North Carolina at Pembroke)
31.1 Participating in hazing or illegal harassment of UNCP students (see Hazing in Student Handbook Section V-Administrative Policies)
32. Weapons, Explosives, and Dangerous Chemicals
32.1 No student shall possess or use firearms, explosive devices, or weapons of any kind on University property or at an event sponsored or supervised by the University or any recognized University organization. Such weapons may include, but are not limited to, guns, BB guns, air pistols, rifles, knives, martial arts devices, and bows.
33. Sexual Harassment
33.1 Sexual harassment of any member of the University community (see Sexual Harassment Policy in Student Handbook Section V-Administrative Policies)
34. Sexual Assault
34.1 Any sexual act that occurs without the consent of the victim, or that occurs when the victim is unable to give consent (see Sexual Assault Policy in Student Handbook Section V-Administrative Policies)
35. Sexual Misconduct
35.1 Any attempted or actual act of non-consensual or forcible sexual touching, this would include, but is not limited to: fondling, kissing, groping, attempted intercourse (whether oral, anal, or genital), or attempted penetration with a digit or any other object
36. Sexual Exploitation
36.1 Taking nonconsensual, 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: and that behavior does not otherwise constitute rape, sexual assault, or sexual harassment. Examples of sexual exploitation include, but are not limited to: prostituting another student, nonconsensual video or audio taping of sexual activity, going beyond the boundaries of consent (such as letting friends surreptitiously watch you have consensual sex or unauthorized distribution of photos or other materials of a sexual nature), engaging in voyeurism, and inducing incapacitation with the intent to rape or sexually assault another person or with the intent to create opportunity for a third party to rape or sexually assault another person.
37. Other Sexual Offenses
37.1 Obscene or indecent behavior, which includes, but is not limited to, exposure of one’s sexual organs or the display of sexual behavior that would reasonably be offensive to others
38. Hate Crimes
38.1 No student shall threaten, coerce, harass, or intimidate another person or identifiable group of persons, in a manner that is unlawful or in violation of a constitutionally valid University policy, while on University premises or at University sponsored activities based upon the person’s race, color, religion, national origin, gender, sexual orientation, gender-identity, creed, disability, veteran status (The UNC Policy Manual 700.4.2), dating violence, domestic violence, or stalking (Violence against Women Reauthorization Act of 2013).
38.2 No student shall engage in unlawful harassment leading to a hostile environment. Unlawful harassment includes conduct that creates a hostile environment by meeting the following criteria:
38.2.a Directed toward a particular person or persons;
38.2.b Based upon the person’s race, color, religion, national origin, gender, sexual orientation, gender-identity, creed, disability, or veteran status;
38.2.d Severe or pervasive;
38.2.e Objectively offensive; and
38.2.f So unreasonably interferes with the target person’s employment, academic pursuits, or participation in University-sponsored activities as to effectively deny equal access to the University’s resources and opportunities.
39.1 Gambling is prohibited on University property.
40. University Policies
40.1 No student shall take any action, which violates any published University policies or procedures. This includes the violation of any Univrsity published policy, rule, or regulation in hard copy or available electronically on the University Web site
41. Free Speech
41.1 The University embraces and strives to uphold the freedoms of expression and speech guaranteed by the First Amendment of the U.S. Constitution and the North Carolina Constitution. The University has the right under appropriate circumstances to regulate the time, place, and manner of exercising these and other constitutionally protected rights. (The UNC Policy Manual 700.4.2)
42. Knowingly Acting as an Accessory to:
42.1 Any act that assists another in violating any University policy or regulation
42.2 Being present while the offense is committed and advising, instigating, or encouraging the act, or
42.3 Facilitating in the committing of an offense in any way
43. Responsibility for Guests
43.1 Any violation of the Code of Conduct by one’s non-University of North Carolina at Pembroke guest. “Guest” is defined as any non-student present on University premises at the invitation and/or hosting of a UNCP student.
44. Violation of Federal, State, or Local Law
44.1 Any act committed by a student on or off campus that is a violation of federal, state or local law
45. Student Organizational Behavior
45.1 Any student organization found to have violated the Code of Conduct or any Greek letter organization found to have violated the Code of Conduct or the Fraternal Information & Programming Group (FIPG) Risk Management Policy will be subject to sanctioning through the university judicial process.