The Office of Student Conduct is located in Lumbee Hall on 3rd Floor - Suite 329 - near the buildings Jones and Dial.
The Office of Student Conduct is located in Lumbee Hall on 3rd Floor - Suite 329 - near the buildings Jones and Dial.
PO Box 1510
One University Drive
Pembroke, NC 28372
Location: Lumbee Hall Room 329
Director of Student Conduct
Lumbee Hall, Suite 336
View Student Handbook (from the Office fo Student Affairs Web Site)
15. APPEAL OF ADMINISTRATIVE/CAMPUS JUDICIAL BOARD DECISION
15.1 In the event that a charged student disagrees with a finding of responsible or sanction of an administrative hearing officer or the CJB, the charged student may request an appeal to the Campus Appeal Board (CAB) within forty-eight (48) hours after notification of the decision by obtaining a Request for Appellate Consideration form from the Office of Student Conduct and then submitting said form to the director of student conduct. She/he will submit the appeal to the CAB within forty-eight (48) hours for prompt consideration. Original sanctions (except summary suspension) are normally put into effect only after the CAB makes a decision. The Campus Appeal Board has the authority to approve, reject, or modify sanctions. It may impose less severe sanctions as well as more severe sanctions. The decision of the CAB may be appealed to the chancellor or his/her designee by completing the Request for Appellate Consideration form. The appeal must be submitted to the director of student conduct within forty-eight (48) hours, and she/he will submit the appeal to the chancellor or his/her designee for prompt consideration.
15.2 The Campus Appeal Board shall be composed of the chairperson of the faculty senate who will serve as chairperson, the president of the student body or his/her designee from the SGA Executive Board, one faculty member, recommended by the faculty senate chair, and one university staff member, recommended by the vice chancellor for student affairs. The faculty and staff member will be appointed by the chancellor.
15.3 A quorum shall consist of any three (3) members, including the chairperson.
15.4 The function of the Campus Appeal Board is that of reviewing the action of the administrative hearing officer or the CJB to determine if: (1) an alleged violation of the rights guaranteed the accused has occurred; (2) the sanction is too severe for the violation; or (3) new evidence has developed which has bearing on the outcome (when the sanction is expulsion, please see expulsion regulation, Section IV, Rights and Responsibilities of the UNC Pembroke Student Handbook.)
15.5 The Campus Appeal Board shall receive the petition from a student choosing to appeal the decision of an administrative hearing or a CJB hearing. Such petition shall be submitted to the chair of the CAB through the office of the director of student conduct, explaining in detail the reasons for the student’s appeal and specifying the ways in which he/she believes the procedures or actions of the administrative hearing officer have violated his/her rights.
15.6 Upon receiving a petition, the Campus Appeal Board shall obtain the record of the administrative hearing officer or the CJB. Such record shall include relevant documents and a written statement by the hearing officer. Such statement in the case of administrative action shall summarize the case and the reasons supporting the disciplinary action.
15.7 With this information, the Campus Appeal Board shall decide whether an appeal hearing is warranted. This decision is based upon the three options for an appeal outlined in Section 15.4 above. It shall notify the petitioner in writing of its decision within seven (7) class days after receiving the student’s petition.
15.8 If the Campus Appeal Board determines that a hearing should be granted, that hearing shall be held within seven (7) class days of such determination and notification shall be given in writing at least three (3) days prior to the date set for the hearing, specifying time and place of the hearing and informing the student of his/her rights. If a student chooses to waive the seven-day (7) notice and other requirements as stated in this section, an immediate appeal hearing may be scheduled.
15.9 The CAB shall invite the appellant, the respective administrative hearing officer, or the chairperson of the CJB, and such other persons as it deems appropriate to appear before the board to make statements and respond to questions. The student and administrative hearing officer may request the board to invite persons to testify if and only if there is new evidence. The CAB follows regular hearing procedures in appeal cases, if it elects to hear new evidence.
15.10 No member of the CAB shall be a party to any prior investigation or witness in the case nor should any member be placed in the position of developing or prosecuting the case.
15.11 After the hearing is concluded, the Campus Appeal Board shall go into executive session to reach a decision.
15.12 The CAB has the authority to approve, reject, or modify the decision in question. It may impose less severe sanctions as well as more severe sanctions. The chairperson of the Campus Appeal Board is a non-voting member, except when there is a tie vote. The decision of the CAB will be submitted in writing to the director of student conduct. The decision of the CAB may be appealed to the chancellor or his/her designee as outlined in Section 16 of this regulation. Prompt notice of the decision of the Campus Appeal Board shall be given. Any appeal of this decision must be in writing and presented within forty-eight (48) hours after notification of the decision to the director of student conduct who will submit the appeal to the chancellor or his/her designee.
16. APPEAL OF A CAMPUS APPEAL BOARD (CAB) DECISION
16.1 In the event a charged student disagrees with a finding of responsible or sanction of the CAB, the charged student may request an appeal to the chancellor or his/her designee within forty-eight (48) hours after notification of the decision. Original sanctions (except summary suspension) are normally put into effect only after the chancellor or his/her designee makes a decision.
16.2 The procedure for an appeal of a CAB decision is as follows:
16.2.a. the function of the chancellor or his/her designee in hearing an appeal is that of reviewing the action of the CAB to determine if: (a) an alleged violation of the rights guaranteed the accused has occurred; (b) the sanction is too severe for the violation; or, (c) new evidence has developed which has bearing on the verdict outcome (when the sanction is expulsion, please see expulsion regulation, Section IV, Rights and Responsibilities);
16.2.b. the chancellor or his/her designee shall receive the petition from a student choosing to appeal the decision of the CAB. Such petition shall be submitted in writing to the chancellor or his/her designee through the director of student conduct explaining in detail the reasons for the student’s appeal and specifying the ways in which he/she believes the procedures or actions of the judicial process have violated his/her rights;
16.2.c. upon receiving a petition, the chancellor or his/her designee shall obtain the record of the CAB. Such record shall include relevant documents and a written statement by the CAB. Such statement shall summarize the case and the reasons supporting the Campus Appeal Board’s decision;
16.2.d. with this information, the chancellor or his/her designee shall decide whether an appeal hearing is warranted. This decision is based upon the three (3) options for an appeal stated in 16.2.a. above. He/she shall notify the petitioner in writing of his/her decision within seven (7) class days after receiving the student’s petition;
16.2.e. if the chancellor or his/her designee determines that a hearing shall be granted, that hearing shall be held within seven (7) class days of such determination and notification shall be given in writing at least three (3) class days prior to the date set for the hearing, specifying time, date, and place of the hearing and informing the student of his/her rights;
16.2.f. the chancellor or his/her designee may invite the appellant and other persons as he/she deems appropriate to appear before him/her to make statements and respond to questions. The student may request the chancellor or his/her designee to invite persons to testify if there is new evidence; and
16.2.g. the chancellor or his/her designee has the authority to approve, reject, or modify the decision in question. The chancellor or his/her designee may impose less severe sanctions as well as more severe sanctions.
1. COMMON DISCIPLINARY SANCTIONS
1.1 The aim of all discipline is two-fold: first, to develop self-control in the individual, and second, to protect the welfare of society. The emphasis is on rehabilitation and re-education.
1.2 WARNING–Technically, this is not considered a discipline, per se; however, it may be used in cases where no actual disciplinary action seems called for. The warning may be verbal or written. If verbal, a notation of the incident is made on the student’s or organization’s record in the office of the vice chancellor who gave or approved the warning. If written, an official letter is sent to the student or organization, outlining the actions which brought him/her to the attention of the University, cautioning him/her about the possible consequences of such actions, and warning him/her about the possible consequences of any continuation of such actions.
1.3 ADMONITION–The student is given a corrective interview. In addition, a notation of the incident is made on the student’s record in the office of the vice chancellor who gave or approved the admonition.
1.4 REPRIMAND–An official letter is sent to the student indicating his/her misdeed, stating that such conduct is unacceptable, that further misconduct will probably result in more severe disciplinary action, and concluding with the hope that his/her conduct in the future will be above reproach.
1.5 CENSURE–Censure is the same as a reprimand except that it is used for organizations, organization leaders, et cetera, as distinguished from individuals. A copy is sent to that organization’s sponsor to apprise him/her of the unsatisfactory situation.
1.6 RESTITUTION–Appropriate monetary reimbursement for a wrongful act which resulted in loss, damage, or actual expenses incurred by the University or individuals.
1.7 AREA RESTRICTIONS–Occur when a student may be excluded for a specific time period from a facility, such as the gym, the University Center, the residence halls, or other areas on campus.
1.8 LOW ON-CAMPUS HOUSING PRIORITY–Defined as removing a student from his/her place in the housing assignment process and placing him/her at the very end of the waiting list for on-campus housing for the upcoming year. If a student has already received an assignment, the student will not be allowed to retain that assignment.
1.9 EXCLUSION FROM ON-CAMPUS RESIDENCY–Defined as removing the student’s privilege to apply for and/or live in a residential facility for a specified period of time. This sanction should be imposed if the offense(s) for which the student was found responsible merits the student’s exclusion from on-campus residency. This decision would be based on evidence that the student’s continued presence would interfere with the living/learning atmosphere within the residential community.
1.10 RESIDENCE FACILITY RELOCATION–Removal of a student from his/her present room or from that residence facility and assigning that student to another room or another residence facility. This would include considerations relative to housing options.
1.11 EVICTION FROM AN ON-CAMPUS RESIDENTIAL FACILITY -Removal of a resident from an on-campus residence for a specified period of time. Students who are evicted from an on-campus residential facility are prohibited from returning to or visiting in any on-campus residential facility. Students evicted will not be eligible for refund of unused room or board.
1.12 CONDUCT PROBATION–The student continues in attendance; however, (s)he is in danger of suspension for any breach of good conduct during the period of conduct probation. Further (s)he may not hold any general elective office while on conduct probation. A copy of the probation letter is placed in his/her file in the office of the Vice Chancellor for Student Affairs.
1.13 SOCIAL PROBATION–The student continues in attendance; however, (s)he is restricted from all social functions and is in danger of suspension for any breach of good conduct during the period of social probation. Further, (s)he may not hold any general elective office while on social probation. A copy of the probation letter is placed in his/her file in the Student Affairs Office.
1.14 COMMUNITY WORK/SERVICE–Community work/service assigned to a student shall commence within one week and shall be completed within 40 days of the penalty. The maximum number of voluntary work hours that may be assigned is 75. The community work/service must be supervised by a UNCP employee and it should be case or offense related.
1.15 SUSPENSION–The student is excluded from the University, both academically and socially, for a stated period. The student may request to be readmitted at the end of this period of suspension; however, readmission is never automatic. A copy of the suspension letter is placed in his/her file in the Student Affairs Office.
1.16 INTERIM SUSPENSION–Whenever there is evidence to suspect that a student’s behavior on or off campus is a clear and present threat to the health, safety and welfare of the faculty, staff, students or guests, or himself/herself, the student may be suspended on an interim basis until a campus hearing can be arranged. A student on an interim suspension may be restricted from the campus in its entirety or from a particular program, activity or building.
1.17 SUMMARY SUSPENSION–Please see section IV, Rights and Responsibilities, Initiation of Disciplinary Procedures, part 17. Committee on Extraordinary Disciplinary Emergencies and 17.5., Summary Suspension, for a detailed description of this disciplinary sanction.
1.18 DISMISSAL–The student is excluded from the University, both academically and socially, for an indefinite period. The student may petition the University for readmission; however, readmission is never automatic. No petition will be considered for readmission prior to the end of a year’s time. A copy of the dismissal letter is placed in his/her file in the Office of the Vice Chancellor for Student Affairs.
1.19 EXPULSION–A The Campus Judicial Board or Administrative Hearing Officer will make a recommendation for expulsion, and the Vice Chancellor for Student Affairs will review the recommendation, and will provide a statement of assent or dissent to accompany the recommendation to the Chancellor of the University to permanently separate the student from the University. The Chancellor must review and make the final decision on any expulsion penalty for disciplinary reasons. When a recommendation of expulsion is made to the chancellor by the Campus Judicial Board or the Administrative Hearing Officer an additional sanction of immediate Interim Suspension will be imposed. A student who is expelled will be unable to graduate from The University of North Carolina at Pembroke. Please see the Expulsion Policy in Section IV - Rights and Responsibilities.
Admissions Safety Review Policy (PDF)
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 Office of Student Conduct. 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 Bylaws 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 Code of Conduct.
1.3 A UNCP student shall refrain from engaging in behaviors that violate the 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
2.1 Cheating. Cheating means intentionally using or attempting to use unauthorized materials, information, notes, study aids or other devices in any academic exercise (for example, on a test). This definition includes both giving unauthorized information (in either oral or written form) and receiving such information during any academic exercise.
2.2 Plagiarism. Plagiarism is intentionally or knowingly presenting someone else’s words or ideas as one’s own. Avoid plagiarism by very carefully acknowledging the sources of ideas you use and by appropriately indicating any material that has been quoted (that is, by using quotation marks and properly acknowledging the source of the quote, usually with a clear reference source citation and page number).
2.3 Fabrication and falsification. This refers to 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. For example, a student who changes an answer on a test and claims that the item was incorrectly scored has falsified information. A student who makes up reference citations for a term paper has fabricated that information.
2.4 Abuse of academic materials. Intentionally or knowingly destroying, stealing, or making inaccessible library or other academic material. Remember that library materials are borrowed. For example, a student who tears an article out of a journal in the library has abused library materials. Similarly, a student who intentionally damages a computer in a campus computer lab has violated this standard.
2.5 Complicity in academic dishonesty. Complicity means intentionally or knowingly helping or attempting to help another person to commit any act of academic dishonesty. For example, complicity would include allowing another student to look at test answers or to copy a paper.
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 01 03 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 aid, abet, or procure 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 conditions under 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 pictures of another person in a gym locker room, or restroom.
17. ENDANGERING THE HEALTH AND/OR SAFETY OF ANY PERSON
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, 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 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 Housing Contract and Student Housing Section VIII. of the Student Handbook.
26. BICYCLES, SKATES, SKATEBOARDS, AND SCOOTERS
26.1. Roller skating/blading, skateboarding, scooter riding, and the riding of bicycles is prohibited in university buildings.
26.2. Roller skating/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. Roller skating/blading and skateboarding by visitors is prohibited.
26.5. Skateboarders and roller skaters/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 The University of North Carolina at Pembroke Illegal Drug and Alcohol Policy in the Student Handbook Section V. Administrative Policy).
31.1 Participating in hazing or illegal harassment of UNCP students (see 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 art 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 Student Handbook Section V. Administrative Policies).
35. SEXUAL MISCONDUCT
35.1 Any attempted or actual act of non-consensual or forcible sexual touching including, but 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 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, 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, non-consensual 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, or 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 university published policy, rule, or regulation in hard copy or available electronically on the university website.
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 ANY CHARGES
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.
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 ORGANIZATION 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.
1.1 Students attend the University of North Carolina at Pembroke as a voluntary act and accept substantial benefits which the State of North Carolina provides. In taking such action, and accepting the benefits which accrue, students must accept the rules and regulations that have been developed pursuant to law.
1.2 Upon enrollment, a student receives no sanctuary from obedience to law. A student is not entitled to greater immunities or privileges before the law than those enjoyed by other citizens generally. In addition to the federal, state, and local laws that pertain to all citizens, a student must accept the institutional rules and regulations necessary to accomplish the purposes for which the institution was established. The student does not, however, lose constitutional or legal rights by an act of voluntary enrollment. The University of North Carolina Policy Manual (700.4.1) specifically refers to the important right of a fair hearing and due process. Federal and state statutes and court cases have established certain student rights which are not to be infringed upon, except in situations which are themselves outlined in law and court procedures. Among these are:
1.2.a. no student may be denied access to university facilities or programs on the basis of race, color, national origin, religion, sex, age, sexual orientation, disability, or because of the individual’s honorable service in the armed services of the United States;
1.2.b. no student may be denied the protection of the First Amendment of the Constitution of the United States and Article I of the Constitution of the State of North Carolina, which refer to freedom of speech, freedom of religion, freedom of the press, and freedom to assemble peacefully; and
1.2.c. no student may be denied the continuance of his/her education for disciplinary reasons without being afforded the right to due process.
2. ADDITIONAL RIGHTS RECOGNIZED BY UNCP
2.1 The right to read and study free from undue interference in one’s room. (Unreasonable noise and other distractions inhibit the exercise of this right.)
2.2 The right to sleep, the right to one’s personal belongings, the right to free access to one’s room and suite facilities during the period that the residence halls are open, the right to a clean environment in which to live. (Optimum physical conditions are essential, as they support, reinforce, and provide positive conditions in which to learn and live.)
2.3 The right to redress of grievances. If the academic and residence hall communities are to function in the most educationally profitable manner, the right to initiate actions and referrals for impartial and fair adjudication of grievances is held paramount. In exercising this right, the student further holds the right to be free from fear or intimidation, physical and/or emotional harm, and without imposition of sanctions apart from the due process.
2.4 The right to personal privacy. All persons should have freedom from interference with their personal activities and should be able to maintain privacy for other than academic reasons.
2.5 The right to host guests. All students should have the opportunity to maintain personal contacts and friendships with other persons to fulfill their needs for socialization. Guests are to respect the above stated rights of the host’s roommates and of other residents.