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UNIVERSITY REGULATION OF STUDENT CONDUCT

UNC Charlotte Code of Student Academic Integrity  |  UNC Charlotte Code of Student Responsibility
Program to Prevent Use of Illegal Drugs and Alcohol Abuse  |  Smoking on University Property  |  Noble Niner Code

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 UNC Charlotte Code of Student Academic Integrity and The UNC Charlotte 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 for smoking on campus.  All UNC Charlotte students are obligated to be familiar with these codes 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.

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THE UNC CHARLOTTE CODE OF STUDENT ACADEMIC INTEGRITY

The UNC Charlotte 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 that Code as violating those standards:

A. 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.

B. 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.

C. Multiple Submission. The submission of substantial portions of the same academic work (including oral reports) for credit more than once without authorization.

D. 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 www.legal.uncc.edu/policies/ps-105.html#APP.) 

E. Abuse of Academic Materials. Intentionally or knowingly destroying, stealing, or making inaccessible library or other academic resource material.

F. Complicity in Academic Dishonesty. Intentionally or knowingly helping or attempting to help another to commit an act 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 The UNC Charlotte Code of Student Academic Integrity. This Code may be modified from time to time. Students are advised to contact the Office of the Dean of Students or go to www.legal.uncc.edu/policies/ps-105.html to ensure they consult the most recent edition.

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THE UNC CHARLOTTE CODE OF STUDENT RESPONSIBILITY

Conduct Rules and Regulations

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

A.

1. Inflicting physical injury upon a person
2. Placing a person in fear of or at risk of imminent physical injury or danger, or engaging in retaliatory threats against a person;
3. Committing sexual invasion, sexual assault, or sexual misconduct, as those terms are defined herein;
4. Committing sexual harassment as defined herein;
5. Inflicting severe mental or emotional distress upon a person through a course of conduct involving repeated harassment, intimidation, abuse, or disparagement;
6. Engaging in "fighting words" harassment, as that term is defined in Policy Statement #95 (online at www.legal.uncc.edu/policies/ps-95.html). The full text of Policy Statement #95 is available online or in the Office of the Dean of Students).

B. Using, possessing, or storing any weapon, dangerous chemical, or explosive without authorization.

C. Initiating or causing to be initiated any false report, warning or threat of fire, explosion, or other emergency.

D. 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 Statement #58, "Interference with University Operations," found online at www.legal.uncc.edu/policies/ps-58.html, which prohibits student action taken "with intent to obstruct or disrupt any normal operation or function of the University," and Policy Statement #96, "Conduct at Speech Events," found online at www.legal.uncc.edu/policies/ps-96.html, which prohibits certain disruptive activities at speech events on campus. Full texts of both policies are available online or in the Office of the Dean of Students.

E. Knowingly violating the terms of any student conduct sanction imposed in accordance with this Code.

F. Possessing, consuming, or using any controlled substance or drug paraphernalia, or manufacturing, selling or delivering any controlled substance or possessing with intent to manufacture, sell or deliver, any controlled substance; huffing or sniffing any substance not intended for such use. Minimum penalties and certain other requirements apply where controlled substance offenses are at issue, pursuant to University Policy Statement #87, "Program to Prevent Use of Illegal Drugs and Alcohol Abuse." That Policy is available online at www.legal.uncc.edu/policies/ps-87.html or in the Office of the Dean of Students.

G. Setting fires, or misusing or damaging fire safety equipment or elevators.

H. Furnishing false information to the University; failing to report to the Office of the Dean of Students any criminal felony convictions that are entered against one (a) during the time between application for admission to the University and enrollment at the University, (b) during enrollment at the University, or (c) during any periods between enrollments at the University (such as the summer or during a withdrawal period) prior to returning to the University; 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; misrepresenting to a third party one’s affiliation or enrollment status with the University.

I. Forgery, unauthorized alteration, or unauthorized use or misuse of any document or instrument of identification (ID); displaying or using an ID that is not one’s own or is fictitious, canceled, revoked, suspended, or altered; counterfeiting, loaning, or selling an ID to another person not entitled thereto.

K. Theft or attempted theft of property, individual property, or services; breaking and entering into University property or the property of individuals on campus (including, but not limited to, private automobiles); the unauthorized use or access to private or confidential information in any medium; possessing stolen property; or possessing property that is not your own without owner authorization.

L. 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. Failing to comply with the reasonable directions of University officials, including but not limited to campus police officers or Housing and Residence Life Staff, acting in performance of their duties.

N. Violating, aiding in violation of, or concealing evidence in violation of published University regulations or policies. Such regulations or policies include but are not limited to all Housing and Residence Life policies and the residence hall contract, as well as regulations relating to entry and use of University facilities, use of vehicles and amplifying equipment, campus demonstrations, and misuse of identification cards.

O. Possessing, consuming, or distributing alcoholic beverages without University authorization, including but not limited to:

1. operating a motor vehicle under the influence of alcohol or while impaired by the consumption of alcohol;
2. possessing or consuming alcoholic beverages by students less than twenty-one years of age;
3. displaying or consumption of alcoholic beverages in campus residences by students less than twenty-one years of age;
4. furnishing, or selling any alcoholic beverages to any person less than twenty-one years of age;
5. public intoxication;
6. failing to abide by the provisions of an "Acknowledgment of Responsibility for Service of Alcoholic Beverages" form; or
7. making any sale of any alcoholic beverage on the University campus. (The full text of University Policy Statement #57, "Alcoholic Beverages," is available online at www.legal.uncc.edu/policies/ps-57.html  or in the Office of the Dean of Students.)

Q. Being present in or using, or aiding and abetting another in being present in or using, University premises, facilities, or property without University authorization.

R. Using or possessing fireworks on University premises or at University activities without University authorization.

S.

1. Engaging in conduct, such as loud, aggressive, or combative behavior, that disrupts or interferes with the normal functions of a class, including 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 above is subject to interim suspension set forth in Section XIII below.)

2. Engaging in disorderly conduct, such as fighting, threatening behavior, public disturbance, or drunk and disorderly conduct. Disorderly conduct also includes 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.

T. Violation of Policy Statement #83, "Hazing," found online at www.legal.uncc.edu/policies/ps-83.html  or in the Office of the Dean of Students.

V. Engaging in computer abuse, including but not limited to violation of:

1. Policy Statement #8, “World Wide Web,” found online at www.legal.uncc.edu/policies/ps-8.html 
2. Policy Statement #10, “Network Security,” found online at www.legal.uncc.edu/policies/ps-10.html 
3. Policy Statement #20, “Electronic Communication Systems,” found online at www.legal.uncc.edu/policies/ps-20.html 
4. Policy Statement #66, "Responsible Use of University Computing and Electronic Communication Resources," found online at www.legal.uncc.edu/policies/ps-66.html 
5. Policy Statement #67, "Proprietary Software," found online at www.legal.uncc.edu/policies/ps-67.html 
6. Policy Statement #102, “Data and Information Access and Security,” found online at www.legal.uncc.edu/policies/ps-102.html 
7. Peer-to-Peer File Sharing Regulation, found online at www.legal.uncc.edu/policies/p2p.html 
8. Regulation on Security of Electronic Individually Identifiable Health Care Information under HIPAA, found online at www.legal.uncc.edu/policies/HIPAA.html 
9. Regulations on Information Systems Security, found online at www.legal.uncc.edu/policies/infosystemssecurity.html 
10. Regulations on the Use of Social Security Numbers, found online at www.legal.uncc.edu/policies/ssn.html

W. Gambling for money or other things of value except as allowed by law. Prohibited gambling includes, but is not limited to, betting on, wagering on, or selling pools on any athletic 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 any conduct prohibited by the Code of Student Responsibility that condones, supports, or encourages such prohibited conduct. Students who are present during a violation of the Code of Student Responsibility are expected to remove themselves from the situation and are encouraged to report the violation to the Office of the Dean of Students.

Y. Commission of an act, or an attempt to commit an act, that: (i) is classified as a felony under North Carolina law; (ii) would be in violation of the General Statutes of the State of North Carolina; or (iii) would be in violation of any federal law. The University reserves the right to proceed with a hearing and the possible imposition of a sanction under the Code of Student Responsibility prior to, concurrent with, or subsequent to, civil litigation, criminal arrest, and/or criminal prosecution.

A full explanation of prohibited conduct, and a description of procedures used in cases where student violations are alleged, is found in the complete text of The UNC Charlotte Code of Student Responsibility. This Code may be modified from time to time. Students are advised to contact the Office of the Dean of Students or go to www.legal.uncc.edu/policies/ps-104.html  to ensure they consult the most recent edition.

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PROGRAM TO PREVENT USE OF ILLEGAL DRUGS AND ALCOHOL ABUSE (POLICY #87)

General. 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 alone.
• 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 abuse and alcohol abuse problems.

Definitions. For the purposes of this Policy, the following definitions apply:

The term “alcohol abuse” is defined as a pattern of alcohol use leading to impairment or distress, including

1. alcohol use that contributes to (a) a failure to meet satisfactory job expectations or (b) interference with the ability to perform job responsibilities, (including repeated absences or poor work performance related to alcohol use);
2. alcohol use in situations in which it is physically hazardous to the user or others;
3. alcohol-related legal problems; or
4. social or interpersonal problems caused or exacerbated by the effects of alcohol use

The term “illegal drug use” is defined as use of those drugs or substances that is prohibited by state or federal law.
Responsibilities. It is the responsibility of all students, faculty, and staff to conduct themselves in a way that contributes to an environment free of illegal drug use and abuse of alcohol. In addition, students, faculty, and staff are responsible, as citizens, for knowing about and complying with the provisions of North Carolina law that make it a crime to possess, sell, deliver, or manufacture those drugs designated collectively as "controlled substances" in Article 5 of Chapter 90 of the North Carolina General Statutes, as well as federal law (Drug Free Workplace Act), which prohibits unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace of any employer receiving federal grant funds.

The Director of Wellness Promotion is responsible for designing and carrying out a program of awareness education and training for students on the subject of preventing the illegal use of drugs and abuse of alcohol. The Director of Employee Relations, Training, and Compliance in the Human Resources department is responsible for awareness education and training programs for faculty and staff members in supervisory positions on the subject of preventing substance abuse.

The Director of the Counseling Center shall, within the limits of available resources, provide services and programs to students seeking assistance with problems of illegal drug use or alcohol abuse. In cases in which the treatment needs of such students exceed the resources of the Center, the Center shall provide referral to appropriate facilities in the community. The Director of Employee Relations in the Department of Human Resources shall provide faculty and staff information regarding the University's Employee Assistance Program (EAP), which will offer consultation about alcohol and drug problems and referral to alcohol and drug treatment facilities in the community. The Counseling Center shall also be available to provide community referral information for treatment of faculty and staff on request.

Collaboration with Community Resources. 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.

Education and Prevention Activities. 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.

Illegal Use of Drugs and Abuse of Alcohol. 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:

Status

Document

Students

UNC Charlotte Code of Student Responsibility

SPA Staff

State Personnel Manual

EPA Staff

Policy Statement #64, Personnel Policies for Designated Employment Exempt from the State Personnel Act

Faculty

Section 603 of the UNC Code and Section 8 of the Tenure Policies, Regulations, and Procedures of UNC Charlotte

Minimum sanctions set forth below shall also apply to employees who do not fall in any of the categories above.

In the event a student is also an employee of the University, the minimum sanctions for employment status as well as student status shall apply.

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. However, in accordance with the Policy on Illegal Drugs adopted by the Board of Governors of The University of North Carolina, the following minimum penalties shall be imposed for the particular offenses described:

Manufacture, Sale, or Delivery of Illegal Drugs

1. For the illegal manufacture, sale, or delivery of, or possession with intent to manufacture, sell, or deliver, any controlled substance, identified in Schedule I, N.C. General Statutes 90-89, or Schedule II, N.C. General Statutes 90-90, a student shall be expelled and a faculty member or staff member shall be discharged.

2. For a first offense involving the illegal manufacture, sale, or delivery, or possession with intent to manufacture, sell, or deliver, any controlled substance identified in Schedules III through VI; N.C. General Statutes 90-91, 90-92, 90-93, and 90-94, the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent. For a second offense, a student shall be expelled and a faculty member or staff member shall be discharged.

Illegal Possession of Drugs

1. For a first offense involving the illegal possession of any controlled substance identified in Schedule I, N.C. General Statutes 90-89, or Schedule II, N.C. General Statutes 90-90, the minimum penalty shall be suspension from enrollment or disciplinary suspension without pay from employment for a period of at least one semester or its equivalent.

2. For a first offense involving the illegal possession of any controlled substance identified in Schedule III through VI, N.C. General Statutes 90-91, 90-92, 90-93, and 90-94, the minimum penalty shall be probation, for a period to be determined on a case-by-case basis. A person on probation must agree to participate in a drug education and counseling program, consent to regular drug testing, and accept such other conditions and restrictions, including a program of community service, as the Chancellor or the Chancellor's designee deems appropriate. A requirement to undertake community service under this Policy may not be fulfilled by using paid Community Service Leave (www.hr.uncc.edu/Policies/PIM46.htm). Refusal or failure to abide by the terms of probation shall result in suspension from enrollment or disciplinary suspension without pay from employment for any unexpired balance of the prescribed period of probation.

3. For second or other subsequent offenses involving the illegal possession of controlled substances, progressively more severe penalties shall be imposed, including expulsion of students and discharge of faculty members or staff members.

Suspension for a Minimum Period of "One Semester or its Equivalent." Suspension for a minimum period of “one semester or its equivalent” means forfeiture of at least one full semester of academic credit or attendance. Such a sanction may be accomplished either (1) by suspending the student for the unexpired balance or the semester during which responsibility is determined, with attendant loss of all academic credit for that semester, or (2) by placing the student on probation for the unexpired balance of the semester during which responsibility is determined and suspending the student for the duration of the next succeeding semester.

In the case of a faculty member or staff member, suspension for a minimum period of “one semester or its equivalent” means forfeiture of pay for a period of 18 weeks. Since the current State Personnel Act specifies that disciplinary suspensions cannot exceed two work weeks, offenses for which an eighteen-week minimum suspension is required by the Board of Governors’ policy will result in discharge of an employee subject to the State Personnel Act.

Suspension Pending Final Disposition. When a student, faculty member, or staff member has been charged by the University with a violation of policies concerning illegal drugs, he or she may be suspended from enrollment or employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the Chancellor or, in the Chancellor's absence, the Chancellor's designee concludes that the person's continued presence within the University community would constitute a clear and immediate danger to the health or welfare of other members of the University community; provided, that if such a suspension is imposed, an appropriate hearing of the charges against the suspended person shall be held as promptly as possible thereafter.

References. The use of alcoholic beverages on the University campus is regulated by Policy Statement #57, "Policy on Alcoholic Beverages." Policy Statement #62, "Employee Assistance Program," establishes a free employee assistance service as part of the Department of Human Resources. Please also see Personnel Information Memorandum #18, “Drug Free Workplace Reporting Requirements” (www.hr.uncc.edu/Policies/PIM18.htm).

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SMOKING ON UNIVERSITY PROPERTY (POLICY #68)

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.

The following restrictions apply to smoking on University property:

A. Smoking is prohibited within any University building, including residence halls.
B. Smoking is prohibited within 25 linear feet of any University building.
C. Smoking in University vehicles is prohibited.
D. Smoking is permitted on University property in Designated Smoking Areas only.

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. To read the entire campus policy statement on smoking, you may find it online at www.legal.uncc.edu/policies/ps-68.html.

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THE NOBLE NINER CODE
(Approved by UNC Charlotte Board of Trustees April 20, 2007)

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.

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Page last updated:  09/18/2009 02:26 PM