Standard of Conduct

When persons enroll in The University of Tennessee at Martin, they retain the rights and duties of a citizen. Additionally, they must assume the duties and observe the regulations imposed by the University community.

 

Failure or refusal to comply with the rules and policies established by the University may subject the offender to disciplinary action up to and including permanent dismissal from the University.

 

The University requires (2) two requisites in order for students to retain compliance for continued enrollment. These requirements are both: good academic and disciplinary standings.

 

The policies and procedures described below have been established to insure the rights and privileges of all members of the University community, to communicate the expectations of the community to its members, and to provide a basis for orderly conduct of the University.

 

It is therefore acknowledged that all students are subject to be held accountable for their knowledge, participation, or presence of alleged misconduct whether on or off campus while actively enrolled at the University.

Standards of Conduct

A student or student organization may be disciplined for the following types of misconduct:

 

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Academic Dishonesty

Cheating, plagiarism, or any other act of academic dishonesty, including, without limitation, an act in violation of the Honor Code.

 

False Information

Providing false information to a University official.

 

Misuse of Information in Connection with University Investigation or Hearing

Falsifying, distorting, misrepresenting, or withholding information in connection with a University investigation or hearing.

 

Misconduct Relating to Records or Identification

Forging, altering, destroying, falsifying, or misusing records or identification, whether in print or electronic form.

 

Harm to Others

Causing physical harm to any person; endangering the health, safety, or welfare of any person; engaging in conduct that causes a reasonable person to fear harm to his/her health or safety; or making an oral or written statement that an objectively reasonable person hearing or reading the statement would interpret as a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.

 

Harassment

Unwelcome conduct that is so severe, pervasive, and objectively offensive, that it substantially interferes with the ability of a person to work, learn, live, or participate in or benefit from the services, activities, or privileges provided by the University. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution (e.g., mere insulting or offensive speech).

 

Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, and/or Retaliation

Violating the University’s Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking, which includes sexual exploitation and retaliation.

 

Invasion of Privacy

Invasion of another person’s privacy when that person has a reasonable expectation of privacy, including, without limitation, using electronic or other means to make a video or photographic record of any person in a location in which the person has a reasonable expectation of privacy, without the person’s knowledge or consent. This includes, but is not limited to, making a video or photographic record of a person in shower/locker rooms or restrooms. The storing, sharing, and/or distributing of such nonconsensual recordings by any means is also prohibited.

 

Private or Public Property

Any of the following conduct with respect to private or public property, including, without limitation, University-controlled property: theft; misappropriation; unauthorized possession, use, sale, duplication, or entry; vandalism; destruction; damage; or conduct that is reasonably likely to cause damage.

 

Hazing

Any intentional or reckless act, on or off University-controlled property, by one (1) student, acting alone or with others, which is directed against any other student, which endangers the mental or physical health, safety, or welfare of that student, or which induces or coerces a student to endanger his or her mental or physical health, safety, or welfare. ”Hazing” does not include customary athletic events or similar contests or competitions and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.

 

Disorderly Conduct

Fighting or other physically violent or physically threatening conduct; creating a hazardous or physically offensive condition by any act that serves no legitimate purpose; making noise that could unreasonably disturb others who are carrying on lawful activities; or conduct that breaches the peace.

 

Lewd, Indecent, or Obscene Conduct

Engaging in lewd, indecent, or obscene conduct, including, without limitation, public exposure of one’s sexual organs, public urinating, and public sexual acts.

 

Imminent Lawless Action

Engaging in speech either orally or in writing that is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

 

Fire Safety

Any act of arson; falsely reporting a fire, the presence of an explosive or incendiary device, or other emergency; setting off a false fire alarm; or tampering with, removing, or damaging fire alarms, fire extinguishers or any other safety or emergency equipment from its proper location except when removed in a situation in which there is a reasonable belief of the need for such equipment.

 

University Keys, Access Cards, and Identification

Possessing, using, or duplicating University keys, University access cards, or University identification cards without authorization from the University.

 

Information Technology

Theft, misuse, or unauthorized use of information technology facilities, resources, or access codes, including, without limitation: unauthorized entry into or transfer of a file; using another person’s identification and/or password without that person’s consent; using information technology facilities or resources to interfere with the work of another student, faculty member, staff member, or other member of the University community; using information technology facilities or resources to interfere with normal operation of a University information technology system or network; circumventing University information technology system or network security; using information technology facilities or resources in violation of copyright laws; falsifying an e-mail header; and conduct that violates the University’s policy on the acceptable use of information technology resources.

 

Weapons

Possessing, carrying, using, storing, or manufacturing any weapon on University-controlled property or in connection with a University-affiliated activity, unless authorized in writing by the Chief of Police or his/her designee or unless federal or state law affirmatively gives a student a right, irrespective of this Chapter, to possess or carry a weapon on University-controlled property or in connection with a University-affiliated activity.

 

Alcohol-Related Conduct – University Property or University Activities

Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages on University-controlled property or in connection with a University-affiliated activity unless expressly permitted by University policy.

 

Alcohol-Related Conduct Prohibited by Law

Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages, if prohibited by federal, state, or local law.

 

Providing Alcohol to Underage Person

Providing an alcoholic beverage to a person younger than twenty-one (21) years of age, unless permitted by law.

 

Drugs and Drug Paraphernalia

Using, manufacturing, possessing, distributing, selling, dispensing, or being under the influence of drugs, if prohibited by federal, state, or local law; using, manufacturing, possessing, distributing, or selling drug paraphernalia, if prohibited by federal, state, or local law; using or possessing a prescription drug if the prescription was not issued to the student; or distributing or selling a prescription drug to a person to whom the prescription was not originally issued.

 

Failure to Fulfill a University Financial Obligation

Failing to timely fulfill a University bill, account, or other financial obligation owed to the University.

 

Failure to Respond, Comply, or Identify

Failing to respond to a request to report to a University administrative office; failing to comply with a lawful directive of a University employee or other public official acting within the scope of his/her duties; or failing to identify oneself to a University employee or other public official acting within the scope of his/her duties when requested to do so.

 

Failure to Appear

Failing to appear at a University hearing, including, without limitation, a hearing of a University conduct board, following a request to appear either as a party or as a witness, unless the student has a right to not appear under state or federal law.

 

Violation of Interim Administrative Actions, Disciplinary Sanctions, or Conditions of Re-Enrollment

Violating the terms of a no-contact directive, an interim restriction (e.g., interim suspension), a disciplinary sanction, or a condition of re-enrollment imposed by the University.

 

Obstruction or Disruption of University Activity

Obstructing or disrupting teaching, learning, studying, research, public service, administration, disciplinary proceedings, emergency services, or any other University-affiliated activity, or the free flow of pedestrian or vehicular traffic on University-controlled property. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution.

 

Violation of University Policy or Rule

Violating a University policy or rule, including, without limitation, University policies or rules relating to facilities’ use, smoking, the acceptable use of information technology resources, research misconduct, finder’s fees relating to clinical investigations involving human subjects or access to University data or materials, University libraries, dining services, parking or transportation, University identification card use, sexual harassment, residence halls, and registered student organizations.

 

Act Prohibited by Law

Committing an act that is prohibited by local, state, or federal law.

 

Attempted Violation; Accessory to Violation

Attempting to commit a violation of a Standard of Conduct or being an accessory to the commission of an act or attempted act in violation of a Standard of Conduct.

 

Retaliation

Engaging in retaliation. Retaliation is an act or omission committed by a student because of another person’s participation in a protected activity that would discourage a reasonable person from engaging in protected activity, including, without limitation, any act or omission constituting "retaliation" under the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking and University rules. Retaliation violates the Standards of Conduct regardless of whether the underlying allegation of a violation of the Standards of Conduct is ultimately found to have merit. Retaliation can include, without limitation: (1) an act or omission committed against a person’s family, friends, advisors, and/or other persons reasonably expected to provide information in connection with a University investigation or hearing; and (2) an act or omission committed by a student through a third party.

 

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