University Regulation of Student Conduct

As students willingly accept the benefits of membership in the UNC Charlotte academic community, they acquire obligations to observe and uphold the principles and standards that define the terms of the UNC Charlotte community.

The University of North Carolina at Charlotte has enacted two codes governing student conduct: The Code of Student Academic Integrity and The Code of Student Responsibility. The University has also enacted a program for the prevention of the use of illegal drugs and alcohol abuse, as well as a policy regulating smoking on campus. All UNC Charlotte students are obligated to be familiar with these codes and policies and to conduct themselves in accordance with the standards set forth.

Additionally, the Student Government Association has created a code called The Noble Niner that solidifies the high standard of morals, principles, and integrity that all students should strive to uphold to bolster the growing reputation of excellence at UNC Charlotte.

The Code of Student Academic Integrity

http://legal.uncc.edu/policies/up-407

The Code of Student Academic Integrity governs the responsibility of students to maintain integrity in academic work, defines violations of the standards, describes procedures for handling alleged violations of the standards, and lists applicable penalties. The following conduct is prohibited in the Code as violating those standards:

1. Cheating. Intentionally using or attempting to use unauthorized materials, information, notes, study aids or other devices in any academic exercise. This definition includes unauthorized communication of information during an academic exercise.
    
2. Fabrication and Falsification. Intentional and unauthorized alteration or invention of any information or citation in an academic exercise. Falsification is a matter of altering information, while fabrication is a matter of inventing or counterfeiting information for use in any academic exercise.
    
3. Multiple Submission. The submission of substantial portions of the same academic work (including oral reports) for credit more than once without authorization.
    
4. Plagiarism. Intentionally or knowingly presenting the work of another as one’s own (i.e., without proper acknowledgment of the source). The sole exception to the requirement of acknowledging sources is when the ideas, information, etc., are common knowledge. (NOTE: For more information regarding plagiarism, see PLAGIARISM Appendix at legal.uncc.edu/policies/up-407#appendix)
    
5. Abuse of Academic Materials. Intentionally or knowingly destroying, stealing, or making
    
6. Complicity in Academic Dishonesty. Intentionally or knowingly helping or attempting to help another to commit an act of academic dishonesty.
    
7. Group Work. For group work, responsibility for ensuring that academic integrity standards are followed is shared by all members of the group. In cases where an individual student is able to demonstrate that he/she neither knew of nor participated in academic dishonesty, that individual student is not guilty of academic dishonesty.

A full explanation of these definitions, and a description of procedures used in cases where student violations are alleged, is found in the complete text of University Policy 407, The Code of Student Academic Integrity. This Code may be modified from time to time. Students are advised to contact the Dean of Students Office or visit legal.uncc.edu/policies/up-407 to ensure they consult the most recent edition.

The Code of Student Responsibility

http://legal.uncc.edu/policies/up-406

Conduct Rules and Regulations (Code Chapter 5)

The University of North Carolina at Charlotte strives to assist students in their development by creating a community that values scholarship, integrity, respect, accountability, dignity, honor, compassion, character, and nobility. The purposes of the student conduct process are to:

1. Maintain an environment that supports and enhances the educational purpose of the University;
2. Protect the health, safety, welfare, and property of all persons in the University community;
3. Encourage appropriate standards of individual and group responsibility to the University community; and
4. Foster the personal, social, and ethical development of members of the University community.

In accordance with The University of North Carolina Board of Governors’ Policy 700.4.2:

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.
2. 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.
3. Violations of University policies, rules or regulations, or federal, state, or local law may result in a violation of this Code and imposition of Conduct Procedures.

The following conduct, or an attempt to engage in the following conduct, is subject to conduct action: [Note: Letters r and u have been intentionally omitted for continuity in record-keeping.]

a. Acts of Harm

1. Physical Injury - Inflicting, attempting to inflict, or assisting in inflicting physical injury upon a person.
2. Fear/Risk - Placing a person in fear of or at risk of imminent physical injury or danger.
3. Harassment/Intimidation - Inflicting Substantial Emotional Distress upon a person through harassment, intimidation, abuse, or disparagement.
4. Fighting Words - Engaging in “fighting words” harassment, as that term is defined in University Policy 503, Fighting Words Harassment.
5. Relationship Violence - Engaging, attempting to engage, or assisting in engaging in Relationship Violence, including:
   • Dating Violence - Committing violence against a person with whom the Student is or has been in a social relationship of a romantic or intimate nature.  The existence of such a relationship shall be determined based on a consideration of the following factors: (a) the length of the relationship; (b) the type of relationship; and (c) the frequency of interaction between the persons involved in the relationship. Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating Violence does not include acts covered under the definition of Domestic Violence.
   • Domestic Violence - Committing violence that may constitute a felony or misdemeanor crime of violence against a person (a) who is a current or former spouse or intimate partner; (b) with whom the Student shares a child in common; (c) with whom the Student cohabitates or has cohabitated as a spouse or intimate partner; (d) who is similarly situated as a spouse under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or (e) who is a youth or adult and is protected from that Student’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
6. Stalking - Engaging in a course of conduct (two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties (by any action, method, device, or means) follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property) directed at a specific person that would cause a reasonable person (under similar circumstances and with similar identities to the victim) to (a) fear for his or her safety or the safety of others; or (b) suffer Substantial Emotional Distress.
7. Unwanted Contact - Engaging in unwanted physical touching of or bodily contact with another person other than Sexual Contact without Consent.

With regard to this Chapter 5, Paragraph (a), the following additional regulations (see The University of North Carolina Board of Governors’ Policy 700.4.2) apply:

A.   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 actual or perceived race; color; religion; age; national origin; ethnicity; gender, gender identity or expression; sexual orientation; disability; or veteran status.

B.   No Student shall engage in unlawful harassment leading to a hostile environment. Unlawful harassment includes conduct that creates a hostile environment by meeting all of the following criteria: It is:

• directed toward a particular person or persons;
• based upon the person’s actual or perceived race; color; religion; age; national origin; ethnicity; gender, gender identity or expression; sexual orientation; disability; or veteran status;
• unwelcome;
• severe or pervasive;
• objectively offensive; and
• 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.

C.  In determining whether Student conduct violates these provisions, all relevant facts and circumstances shall be considered. Care must be exercised in order to preserve freedoms of speech and expression, as articulated in current legal standards. Advice should be sought from the Office of Legal Affairs, as appropriate.

b. Weapons - Using, possessing, or storing any Weapon, dangerous chemical, fireworks or explosive without University authorization, except as explicitly permitted by law and University Policy 702, Weapons on Campus.

c. False Report - Initiating or causing to be initiated any false report, warning or threat of fire, explosion, or other emergency.

d. Disruption of Normal University Activities - Interfering with normal University activities including, but not limited to, teaching, studying, research, the expression of ideas, University administration, speeches and other public or private events, and fire, police or other emergency services. Acts prohibited by this rule include, but are not limited to, those acts prohibited in University Policy 601.13, Interference with University Operations, which prohibits Student action taken “with intent to obstruct or disrupt any normal operation or function of the University,” and University Policy 802, Conduct at Speech Events, which prohibits certain disruptive activities at speech events on campus.

e. Violating Sanctions - Knowingly violating the terms of any sanction imposed in accordance with this Code.

f. Drugs

1. Possession/Consumption/Use - Possessing, consuming, or using any controlled substance under the North Carolina Controlled Substances Act (NCGS Chapter 90, Article 5).
2. Paraphernalia - Possessing or using drug paraphernalia.
3. Manufacturing/Distribution/Delivery - Manufacturing (including growing marijuana), distributing, delivering, or taking delivery of any controlled substance, or attempting to manufacture, distribute, deliver, or take delivery of any controlled substance.
4. Possessing with Intent to Manufacture/Distribute/Deliver - Possessing with intent to manufacture (including growing marijuana), distribute, or deliver any controlled substance.
5. Huffing/Sniffing - Huffing or sniffing any substance not intended for such use.

Standard sanctions and certain other requirements apply where controlled substance offenses are at issue, pursuant to University Policy 711, Program to Prevent Use of Illegal Drugs and Alcohol Abuse.

g. Fire Safety - Setting, attempting to set, or assisting in setting a fire, or misusing or damaging fire safety equipment or elevators.

h. False Information

1. Furnishing - Furnishing false information to the University.
2. Failing to Report Felony Convictions - Failing to report to the Office of Student Conduct any criminal felony convictions that are entered against one (a) between application for admission to the University and acceptance of admission or (b) at any time between acceptance of admission and the granting of a degree or other termination of association with the University (see Chapter 4, Section I of this Code).
3. Misrepresenting Organizational Affiliation - Misrepresenting or concealing one’s organizational affiliation(s) or sponsorship(s) for the purpose of enticing another person into joining or participating in a Group or Organization.
4. Misrepresenting University Affiliation - Misrepresenting to a third party one’s affiliation with the University.

i. Fake Identification

1. Forgery/Unauthorized Use - Forging, misusing, or using/altering without authorization any document or instrument of identification (ID).
2. Displaying - Displaying, possessing, or using an ID that is not one’s own or is fictitious, canceled, revoked, suspended, or altered.
3. Counterfeiting/Loaning/Selling - Counterfeiting, loaning, or selling an ID to another person not entitled thereto.

j. Unauthorized Electronic Recording - Using without authorization any electronic or other devices to make an audio, photographic, or video record of any person  without his/her knowledge or without his/her effective consent when such a recording is likely to cause injury, embarrassment, or distress. This includes, but is not limited to, secretly taking audio, video, or photographs of another person in a gym, locker room, restroom, or residence hall room.

k. Theft and Unauthorized Possession/Use

1. Theft/Attempted Theft - Theft, attempted theft, or assisting in the theft of University or individual property or services.
2. Breaking and Entering - Breaking and entering, attempted breaking and entering, or assisting in breaking and entering into University property or the property of others (including, but not limited, to private vehicles).
3. Confidential Information - Using or accessing private or confidential information in any medium without authorization.
4. Unauthorized Possession - Possessing property that is not your own without owner authorization.

l. Vandalism - Destroying, defacing, tampering with, or damaging the property of others or University property, including, but not limited to, chalking, spray painting, or otherwise marking without appropriate University approval.

m. Failure to Comply - Failing to comply with the reasonable directions of or meeting requests by University officials, including, but not limited to, Dean of Students Office staff, Office of Student Conduct staff, Police and Public Safety officers or other designated security or law enforcement agents, or Housing and Residence Life Staff, acting in performance of their duties.

n. Violation of University Policies or Regulations - Violating, aiding in violation of, or concealing evidence of violation of published University policies or regulations. Such policies or regulations include, but are not limited to, all Housing and Residence Life policies, the residence hall contract, and the Resident Handbook (collectively referred to as “Residence Life Policies”).

o. Alcohol

1. Underage Possession/Consumption - Possessing or consuming alcoholic beverages by Students less than 21 years of age.
2. Driving Under the Influence - Operating a motor vehicle under the influence of alcohol or while impaired by the consumption of alcohol.
3. Providing to Minors - Furnishing or selling any alcoholic beverages to any person less than 21 years of age.
4. Public Intoxication - Being intoxicated in public attributable in part or in whole to the use of alcohol.
5. Violation of University Policy - Violating University Policy 706, Alcoholic Beverages, including, but not limited to (a) failing to abide by the provisions of an “Acknowledgment of Responsibility for Service of Alcoholic Beverages” form; or (b) making any sale of any alcoholic beverage on the University campus.

p. Sexual Misconduct

1. Sexual Act without Consent - Engaging, attempting to engage, or assisting another in engaging in sexual intercourse, cunnilingus, fellatio, or anilingus, or knowingly inserting an object or part of one’s body into another’s mouth, genital, or anal opening without Consent.
2. Sexual Contact without Consent - Deliberately touching, attempting to touch, or assisting another in touching a person’s intimate parts (including genitalia, groin, breast, mouth; buttocks or any other orifice or clothing covering any of those areas), touching another with one’s intimate parts, or causing a person to touch their own or another person’s intimate parts without Consent. Sexual Contact includes any intentional bodily contact in a sexual or unwanted manner, even if the contact does not involve contact with/of/by genitalia, groin, breast, buttocks, mouth or any other orifice.
3. Sexual Exhibitionism without Consent - Engaging, attempting to engage, or assisting another in engaging in a sexual activity or exposing one’s intimate parts (including genitalia, groin, female breast (other than when breastfeeding a child) or buttocks) in the presence of others without their Consent.
4. Sexual Exploitation without Consent - Taking, attempting to take, or assisting another in taking abusive sexual advantage of a person or sexual advantage of a person without Consent for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other Sexual Misconduct or Relationship Violence offenses. Sexual Exploitation includes, but is not limited to, impairing or attempting to impair another person’s ability to provide Consent in order to gain a sexual advantage; prostituting another person; recording, photographing or transmitting identifiable images of a private sexual activity and/or the intimate parts (including genitalia, groin, breasts or buttocks) of another person; allowing third parties to observe private sexual activity; or engaging in voyeurism.
5. Sexual or Gender-Based Harassment - Engaging, attempting to engage, or assisting another in engaging in unwelcome conduct of a sexual nature, which is so severe, persistent or pervasive that it unreasonably interferes with a person’s University employment, academic performance or participation in University programs or activities (i.e. creates a hostile environment). Gender-based harassment is another form of sexual harassment and refers to unwelcome conduct based on an individual’s actual or perceived gender, including harassment based on gender identity or non-conformity with gender stereotypes, and does not necessarily involve conduct of a sexual nature.
6. Incest - Engaging, attempting to engage, or assisting another in engaging in sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

q. Trespassing - Trespassing, including being present in or using, or aiding and abetting another in being present in or using University premises, facilities, or property without University authorization, or the premises or property owned or controlled by another without authorization.

r. [Intentionally omitted for continuity in record-keeping]

s. Disorderly Conduct

1. Public Disturbance - Engaging in disorderly conduct, such as fighting, threatening behavior, public disturbance, or drunk and disorderly conduct.
2. Disruption of Classroom Environment - Engaging in conduct, such as loud, aggressive, or combative behavior, that disrupts or interferes with the normal functions of a class, including, but not limited to, failure to conform to the instructor’s announced expectations for classroom decorum. Disruptive conduct also includes use of cell phones or other electronic devices for voice or text communication in class, unless permitted by the instructor. (A Student who persists in disruptive conduct as described of this Code is subject to Interim Suspension set forth in Chapter 10, Section III of this Code.)

t. Hazing - Engaging in Hazing, as defined by University Policy 405, Hazing.

u. [Intentionally omitted for continuity in record-keeping.]

v. Computer Abuse - Engaging in computer abuse, including, but not limited to, violation of University Policy 302, Web Communications; Standard for Communications Security; University Policy 304, Electronic Communication Systems; Standard for Responsible Use; University Policy 601.14, Proprietary Software; or University Policy 311, Data and Information Access and Security and its related supplemental University Policies 311.2 through 311.9.

w. Gambling - Gambling for money or other things of value, except as permitted by law. Prohibited gambling includes, but is not limited to, betting on, wagering on, or selling pools on any athletic or other competitive event; possessing any card, book, or other device (including that which uses the Internet) for registering bets; or bookmaking in connection with betting.

x. Presence During Prohibited Conduct - Being present during any conduct by another person that is prohibited by this Code that condones, supports, or encourages such prohibited conduct. Students who are present during a violation of this Code are expected to remove themselves from the situation and are encouraged to report the violation to a University official.

y. Violation of Law - Committing an act, attempting to commit an act, or assisting another in committing an act that violates state or federal law or local ordinances that is not otherwise a violation of this Code. Such acts will be adjudicated as if they are violations of this Code. The University reserves the right to proceed with a hearing and the possible imposition of a sanction under this Code prior to, concurrent with, or subsequent to, civil litigation, criminal arrest, and/or criminal prosecution as set forth in Chapter 4, Section III of this Code.

z. Retaliation - Retaliating against a person who has engaged in protected activity, including but not limited to reporting an alleged violation, providing a statement or testimony as a witness in a Conduct Procedure, or participating in an investigation into an alleged violation of this Code.  Retaliatory acts may include threats, intimidation, coercion, or harassment and will be investigated and processed separately from the original Code violation(s) that are the subject of the Retaliation.

A full explanation of prohibited conduct, and a description of procedures used in cases where violations are alleged, is found in the complete text of The Code of Student Responsibility.  This Code may be modified from time to time. Students are advised to contact the Dean of Students Office or go to legal.uncc.edu/policiy/up-406 to ensure they consult the most recent edition.

The Program to Prevent Use of Illegal Drugs and Alcohol Abuse

Below is a brief summary of University Policy 711, Program to Prevent Use of Illegal Drugs and Alcohol Abuse.  Visit legal.uncc.edu/policies/up-711 for a full version of that policy.

In keeping with efforts to maintain an environment that supports and encourages the pursuit and dissemination of knowledge, it is the policy of The University of North Carolina at Charlotte to consider the use of illegal drugs or alcohol abuse by students, faculty and staff or by others on premises under University control to be unacceptable conduct that adversely affects the educational environment.

To remind students, faculty, and staff of their responsibilities for maintaining a drug-free environment, this Policy will be distributed throughout the University community each year. Further, the University considers a sound awareness, education, and training program indispensable in combating illegal use of drugs and alcohol abuse, both as a preventive measure and as a remedy. The scope of the University program addresses the awareness needs of students, faculty, administrators, and other staff members and includes the following minimum components.

• The health hazards associated with the use of illegal drugs and alcohol abuse.
• The incompatibility of the use of illegal drugs or abuse of alcohol with maximum achievement of personal, social, and educational goals.
• The potential legal consequences (including both criminal law and University discipline) of illegal drug abuse and alcohol abuse.
• The effective use of available campus and community resources in dealing with illegal drug use and alcohol abuse problems.

The University’s program emphasizes collaboration with local resources such as the Substance Abuse Prevention Services of the Carolinas, Chemical Dependency Center of Charlotte-Mecklenburg, Mecklenburg County Substance Abuse Services, McLeod Center, Alcoholics Anonymous, Narcotics Anonymous, Al-Anon, Nar-Anon, etc. To this end, the University shall participate in the Charlotte- Mecklenburg Drug-Free Coalition and will work with local advisory boards to further collaborate between the University and the Charlotte Community.

The University’s awareness, education, and training efforts stress prevention. The goal of these efforts is (1) to encourage non-users of illegal drugs and alcohol to continue to be non-users, (2) to encourage users of alcohol to do so safely and responsibly, and (3) to encourage users of illegal drugs to stop such use.

The use of illegal drugs and the abuse of alcohol are considered by the University to be problems that can be overcome. Therefore, the educational and rehabilitative services cited above are available on a confidential basis. However, the possession, sale, delivery, or manufacture of illegal drugs will not be tolerated on campus or off campus in the event that the interests of the University may be affected.

The University will cooperate fully with law enforcement agencies and will apply appropriate disciplinary procedures should a student, faculty member, or staff member violate criminal statutes with regard to illegal drugs. Violations may subject a student, faculty member, or staff member to prosecution and punishment by civil authorities and to disciplinary action by the University. It does not constitute “double jeopardy” for the University to initiate its own disciplinary proceedings for the same offense when the alleged conduct is deemed to affect the interests of the University.

Under federal law, employees convicted of any criminal drug offense occurring in the workplace are required to notify the University by informing the appropriate Vice Chancellor’s office no later than five (5) days after such conviction. Disciplinary action and/or participation in a drug rehabilitation/education program as a result of University disciplinary proceedings must commence within 30 days of notice of conviction.

Upon receiving notice of a violation of this Policy, the University will initiate disciplinary procedures applicable to one’s status as a member of the University community.

The use of illegal drugs may result in a variety of sanctions, from written warnings with probationary status to expulsion from enrollment or discharge from employment.

Smoking on University Property

Below is a brief summary of University Policy 707, Smoking on University Property.  Visit legal.uncc.edu/policies/up-707 for a full version of that policy.

The University of North Carolina at Charlotte has a vital interest in maintaining a healthy and safe environment for its students, faculty, staff and visitors while respecting individual choice about smoking. Consistent with these concerns and with North Carolina law, the following Policy establishes restrictions on smoking on University Property and provides procedures for accommodating the preferences of both smokers and nonsmokers.

For the purposes of this Policy:

1. “Smoking” is defined as the use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product, or the use of an electronic inhaler that employs a mechanical heating element, battery, or electronic circuit to heat a liquid nicotine solution contained in a vapor cartridge, such as an electronic cigarette, electronic cigar, electronic cigarillo, or an electronic pipe.
2. A “Building” is defined as any permanent or temporary structure utilized for the support, shelter or enclosure of people, animals, or property. “Buildings” include, but are not limited to: residence halls, classroom and office buildings, workshops, gymnasiums, shuttle stops, athletic fields, parking decks, stairwells, inside and outside dining areas, vending areas, breezeways, and connectors.
3. A “University Building” is defined as any Building owned, leased as lessor, or the area leased as lessee and occupied by UNC Charlotte.
4. “University Property” means University Buildings and grounds owned, leased, operated, controlled, or supervised by UNC Charlotte.
5. A “University Vehicle” is defined as a vehicle owned or leased by UNC Charlotte.
6. A “Designated Smoking Area” is defined as an exterior area on the UNC Charlotte campus designated by the Chancellor or the Chancellor’s designee as a place for smoking. Designated Smoking Areas will be marked by proper signage, and are subject to the provisions in Section III of this Policy.

The following restrictions apply to smoking on University Property:

1. Smoking is prohibited within all University Buildings.
2. Smoking is prohibited within 100 linear feet of any University Building unless otherwise allowed under subsection III. D.
3. Smoking in University Vehicles is prohibited.
4. Smoking is permitted on University Property in Designated Smoking Areas.

Additional smoking restrictions required for safety reasons may be imposed by the University on a case-by- case basis. Areas with such restrictions will be identified by signage.

Violation of this Policy may subject a member of the campus community to disciplinary action appropriate to his or her status as faculty, staff, or student.

Noble Niner Code

The Noble Niner Code was authored by the Student Government Association and describes the ideals which every Charlotte 49er student can ideally reach as he or she becomes a fully actualized individual. It was approved by the UNC Charlotte Board of Trustees in April 2007 and is now adopted as an official document of the University.

Scholarship
A Niner shall strive for academic excellence in and out of the classroom while maintaining academic honesty and ethical values.

Integrity
A Niner shall act to uphold and improve one’s self, the community, and the high standards of the institution.

Respect
A Niner shall welcome all aspects of individuality and self-worth while embracing the learning opportunities that diversity provides.

Accountability
A Niner shall hold others responsible for their actions while accepting responsibility for one’s own.

Dignity
A Niner shall appreciate the intrinsic value of the institution and work to preserve the 49er environment.

Honor
A Niner shall appreciate students, faculty, administration, and staff as contributing members of the University community.

Compassion
A Niner shall demonstrate genuine consideration and concern for the needs, feelings, ideas, and well-being of others.

Character
A Niner shall exemplify all qualities and traits that promote fellowship and camaraderie among the student body, faculty, staff, and administration.

Nobility
A Niner shall exhibit the virtues and values listed above which befit all members of our Niner Nation.