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STUDENT CONDUCT AND DISCIPLINARY SANCTIONS

1.	Institutional Policy Statement (0240-3-6.01). A. University students are citizens of the state, local and national governments, and of the academic community, and are, therefore, expected to conduct themselves as law-abiding members of the community at all times. Admission to an institution of higher education carries with it special privileges and imposes special responsibilities apart from those rights and duties enjoyed by nonstudents. In recognition of the special relationship that exists between Tennessee Technological University and the academic community which it seeks to serve, the Tennessee Board of Regents has authorized the President of the University to take such action as may be necessary to maintain campus conditions and preserve the integrity of the institution and its educational environment. B. Pursuant to this authorization, the University has developed the following Regulations which are intended to govern student conduct on the Tennessee Tech campus. In addition, students are subject to all national, state, and local laws and ordinances. If a student’s violation of such laws or ordinances also adversely affects the institution’s pursuit of its educational objectives, the institution may enforce its own regulations regardless of any proceedings instituted by other authorities. Conversely, violation of any section of these Regulations may subject a student to disciplinary measures by the institution whether or not such conduct is simultaneously volatile of state, local, or national laws.
2.	Disciplinary Offenses (0240-3-6.02)
	(1)	Generally, though appropriate due process procedures, institutional disciplinary measures shall be imposed for conduct which adversely affects the institution’s pursuit of its educational objectives, which violates or shows a disregard for the rights of other members of the academic community, or which endangers property or persons on institution or institution-controlled property.
	(2)	Individual or organizational misconduct which is subject to disciplinary sanction shall include but not be limited to the following examples:
		(a)	Conduct dangerous to others. Any conduct which constitutes a serious danger to any person’s health, safety or personal well-being, including any physical abuse or immediate threat of abuse;
		(b)	Sexual Assault. Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.
		(c)	Hazing. Hazing means any intentional or reckless act in Tennessee on or off the property of any higher education institution by one (1) student acting alone or with others, which is directed against any other student, that endangers the mental or physical health or safety of that student, or which induces or coerces a student to endanger such student’s mental or physical health or safety. 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.
		(d)	Disorderly Conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs other groups or individuals.
		(e)	Obstruction of or interference with institutional activities or facilities. Any intentional interference with or obstruction of any institutional activity, program, event, or facilities, include the following: (1) Any unauthorized occupancy of institution or institutionally controlled facilities or blockage of access to or from such facilities. (2) Interference with the right of any institution member or other authorized person to gain access to any institution or institutionally controlled activity, program, event or facilities. (3) Any obstruction or delay of a campus security officer, fireman, or any institution official in the performance of his or her duty.
		(f)	Misuse of or damage to property. Any act of misuse, vandalism, malicious, or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to the institution including, but not limited to, fire alarms, fire equipment, elevators, telephones, institutions keys, library materials and/or safety devices; and any such act against a member of the institution, community, or a guest of the institution;
		(g)	Theft, misappropriation, unauthorized sale. Any act of theft, misappropriation, or unauthorized possession or sale of institution property or any such act against a member of the institution, community or a guest of the institution;
		(h)	Misuse of documents or identification cards. Any forgery, alteration of or unauthorized use of institution documents, forms, records, or identification cards, including the giving of any false information, or withholding of necessary information in connection with a student’s admission, enrollment or status in the institution;
		(i)	Weapons are not allowed on property owned or operated by Tennessee Tech. State law prescribes a maximum penalty of six (6) years imprisonment and a fine not to exceed $3,000 for having weapons on school property. Violation of this law is a felony. Even individuals with handgun permits may not bring handguns on property owned or operated by Tennessee Tech;
		(j)	Explosives fireworks, and flammable materials. The unauthorized possession, ignition or detonation of any object or article which could cause damage by fire or other means to persons or property or possession of any substance which could be considered to be and used as fireworks;
		(k)	Alcoholic beverages. The use and/or possession of alcoholic beverages on University owned or controlled property;
		(l)	Drugs. The unlawful possession or use of any drug or controlled substance (including any stimulant, depressant, narcotic, or hallucinogenic drug or substance, or marijuana), or sale or distribution of any such drug or controlled substance;
		(m)	Gambling. Gambling in any form;
		(n)	Financial irresponsibility. Failure to meet financial responsibilities to the institution promptly including, but not limited to knowingly passing a worthless check or money order in payment to the institution or to a member of the institution community acting in an official capacity;
		(o)	Unacceptable conduct in hearings. Any conduct at an institutional hearing involving contemptuous, disrespectful, or disorderly behavior, or giving the false testimony or other evidence at any hearing;
		(p)	Failure to cooperate with institutional officials. Failure to comply with directions of institutional officials acting in the performance of their duties;
		(q)	Entertaining members of the opposite sex. Entertaining members of the opposite sex in a student’s room in the residence halls, except as provided for by the observance of Open House and Residence Hall Visitation;
		(r)	Attempts and aiding and abetting the commission of offenses. Any attempt to commit any of the foregoing offenses, or the aiding and abetting of the commission of any of the foregoing offenses (an “attempt” to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission);
		(s)	Violations of state or federal laws. Any violation of state or federal laws or regulations proscribing conduct or establishing offenses, which laws and regulations are incorporatedherein by reference.
	(3)	Disciplinary action may be taken against a student for violations of the foregoing regulations which occur on institutionally owned, leased, or otherwise controlled property, or which occur off-campus when the conduct impairs, interferes with or obstructs any institutional activity or the missions, processes and functions of the institution. In addition, disciplinary action may be taken on the basis of any conduct, on or off-campus, which posses a substantial threat to persons or property within the institutional community.
	(4)	For the purposes of these Regulations, a “student” shall mean any person who is registered for study at the University for any academic period. A person shall be considered a student during any period which follows the end of an academic period which the student has completed until the last day for registration for the next succeeding regular academic period, and during any period while the student is under suspension from the institution.
	(5)	Generally, through appropriate due process procedures, institutional disciplinary measures shall be imposed for conduct which adversely affects the institution’s pursuit of its educational objectives, which violates or shows a disregard for the rights of other members of the academic community, or which endangers property or persons on institution or institution-controlled property.
	(6)	Individual or organizational misconduct which is subject to disciplinary sanction shall include but not be limited to the following examples: (a) Conduct dangerous to others. Any conduct which constitutes a serious danger to any person’s health, safety or personal well-being, including any physical abuse or immediate threat of abuse; (b) Sexual Assault. Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.
3.	Academic and Classroom Conduct (0240-3-6.02)
	(1) The instructor has the primary responsibility for control over classroom behavior and maintenance of academic integrity, and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct violative of the general rules and regulations of the institution. Extended or permanent exclusion from the classroom or further disciplinary action can be affected only through appropriate procedures of the institution. (2) Plagiarism, cheating, and other forms of academic dishonesty are prohibited. Students guilty of academic misconduct either directly or indirectly through participation or assistance are immediately responsible to the instructor of the class. In addition to other possible disciplinary sanctions which may be imposed through the regular institutional procedures as a result of academic misconduct and subsequent to the due process hearing, if requested by the student, the instructor has the authority to assign an F or a zero for the exercise or examination, or to assign an F in the course. (3) If the student believes that he or she has been erroneously accused of academic misconduct, and if his or her final grade has been lowered as a result, the student may appeal the case through the appropriate institutional procedures. NOTE: The instructor shall send a copy of the charge to the Office of the Vice President for Student Affairs. The student shall have up to seven (7) days to request a hearing by signing a “Request for Hearing” form in the Office of the Vice President for Student Affairs. The student waives his/her right to a hearing by signing a “Waiver of Hearing" form or by neglecting to sign a “Request for Hearing” form within seven (7) days.
4.	Disciplinary Sanctions (0240-3-6.04).
	(1)	Upon a determination that a student or organization has violated any of the rules, regulations or disciplinary offenses set forth in these Regulations, the following disciplinary sanctions may be imposed, either singly or in combination, by the appropriate institution officials.
	(2)	Definition of sanctions.
		(a)	Restitution. A student who has committed an offense against property may be required to reimburse the institution or other owner for damage to or misappropriation of such property. Any such payment in restitution shall be limited to actual cost of repair or replacement.
		(b)	Warning. The appropriate institutional official may notify the student that continuation or repetition of specified conduct may be cause for other disciplinary action.
		(c)	Reprimand. A written reprimand, or censure, may be given to any student or organization whose conduct violates any part of these Regulations. A reprimand does not restrict the student in any way, but does have important consequences. It signifies to the student that he or she is, in effect, being given another chance to conduct himself or herself as a proper member of the institution community, but that any further violation may result in more serious penalties.
		(d)	Restriction. A restriction upon a student’s or organization’s privileges for a period of time may be imposed. This restriction may include for example, denial of a right to represent the institution in any way, denial of use of facilities, parking privileges, participation in extracurricular activities or restriction of organizational privileges.
		(e)	Probation. Continued enrollment of a student on probation may be conditioned upon adherence to these Regulations. Any student placed on probation will be notified of such in writing and will also be notified of the terms and length of the probation. Probation, may include restrictions upon the extracurricular activities of a student. Any conduct in violation of these Regulations while on probationary status may result in the imposition of a more serious disciplinary sanction.
		(f)	Suspension. If a student is suspended, he or she is separated from the institution for a stated period of time with conditions of readmission stated in the notice of suspension.
		(g)	Expulsion. Expulsion entails a permanent separation from the institution. The imposition of this sanction is a permanent bar to the student’s readmission to the institution.
		(h)	Interim or summary suspension. Though as a general rule, the status of a student accused of violations of these Regulations should not be altered until a final determination has been made in regard to the charges against him/her, summary suspension may be imposed upon a finding by the appropriate institutional official that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well being of the accused, or of any other member of the institution, community, or its guest, destruction of property, or substantial disruption of classroom or other campus activities. In any case of immediate suspension, the student shall be given an opportunity at the time of the decision or immediately thereafter to contest the suspension, and if there are disputed issues of fact or cause and effect, the student shall be provided a hearing on the suspension as soon as possible.
	(3)	The President of the University is authorized, at his or her discretion, to subsequently convert any sanction imposed to a lesser sanction, or to rescind any previous sanction in appropriate cases.
	(4)	General Rules Pertaining to Disciplinary Sanctions
		(a)	Disciplinary Probation and Suspension must be assigned for a definite period of time and must be assigned to coincide with the academic semester in the University calendar. All sanctions must become effective immediately upon completion of all appellate procedures. 1. At a certain time within each academic semester, policy permits a council to recommend a delay of the Suspension until the end of that term provided that continued enrollment is not a danger to the University. 2. If it is the Council’s intent to assign a full semester of Disciplinary Probation and there are only one or two weeks remaining in the present semester, generally the Probation will be assigned for the remainder of the present semester and the next semester.
		(b)	If it is known that a student will not be enrolled during the next semester, e.g., Summer Semester, then the Probation may be assigned for that semester plus an additional semester. A student, even though he is not enrolled at the University for the semester in question, may be on Probation for that semester since he is still subject to certain regulations of the University.
		(c)	Disciplinary Probation may involve loss of participation in extracurricular activities and/or loss of certain awards, loans, etc. These added stipulations to the Probation should only be assigned under very specific circumstances as described below. 1. If a student has engaged in a violation of University Regulations in order to obtain a loan or an award or a scholarship, then the loss of those awards or monies may be part of the recommended sanction. 2. The loss of participation in extracurricular activities should be assigned only when that extracurricular activity was involved with or closely related to the infraction.
		(d)	Under present procedures, Disciplinary Probation does not require that a student report periodically to any office of the University unless specifically requested to do so as a condition of the Probation. A Council assigning the sanction may consider the addition of such a condition if the Probation is to run more than one term and if the Council feels that the student would need a reminder and a reinforcement of the conditions of the Probation period.
		(e)	With the exception of Disciplinary Probation, loss of privilege and restitution, the sanctions are generally not repeatable. For example, once a person has received a Disciplinary Warning, he would probably not receive another Disciplinary Warning if he is involved in additional violations. Also, once a student is suspended from the University, if he returns and is involved in a violation of regulations, then he could possibly receive a more severe sanction. Loss of privilege and restitution as additions to other sanctions may be repeated as often as necessary.
		(f)	Readmission Procedures for Students under Disciplinary Suspension. Suspension is assigned for a specified period of time and excludes the student from registration, class attendance, residence on campus, and use of University facilities. When the period of suspension is terminated, the student is considered for registration in compliance with academic standards then in effect.
			1.	The student is required to submit an Application for Readmission form either in person or by mail.
			2.	The student is required to submit a personal letter of application to the Dean of Students.
				The letter shall include:
				I.	reasons why he feels he should be reinstated;
				II.	in detail, the nature of the individual’s activities since being separated from the University; and
				III.	reasons why the individual believes he would be able to abide by the rules and regulations of the University if he is permitted to re-enroll.
		(g)	If a student is found guilty of a charge, precedents (sanctions that have been assigned in similar cases in the past) should be given considerable weight in assigning a sanction unless there are very special circumstances that make the case different from those that have received the precedent sanctions.
5.	The Federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002
	The federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002 require that whenever a sex offender becomes employed, enrolls as a student or volunteers at an institution of higher education in the state of Tennessee, he or she must complete or update the Tennessee Bureau of Investigation (TBI) sexual offender registration / monitoring form and deliver it to TBI headquarters in Nashville. As defined in section 40-39-201 et seq. of the Tennessee Code, a "sexual offender" means a person who is, or has been, convicted in this state of committing a sexual offense or who is, or has been, convicted in another state or another county or who is or has been convicted in a federal or military court, of committing an act that would be constituted a sexual offense if it had been committed in this state. A "sexual offense" means the commission of acts including but not limited to aggravated and statutory rape, sexual battery, sexual exploitation of a minor, aggravated prostitution, and kidnapping. Both acts designate certain information concerning a registered sexual offender as public information and therefore amend and supercede the Family Educational Rights and Privacy Act (FERPA) and other federal and state laws that previously prohibited the disclosure of such personal information. Since the laws require the publication of information pertaining to sexual offenders employed, enrolled or volunteering at an educational institution, said publication does not constitute grounds for a grievance or complaint under institutional or Tennessee Board of Regents policies or procedures. In compliance with the federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002, members of the campus community may obtain the most recent information received from the Tennessee Bureau of Investigation (TBI) concerning sex offenders employed, enrolled or volunteering at this institution at the TTU Police Department. Information is also available on the TBI's web site listing of sex offenders located on the internet at http://www.ticic.state.tn.us/SEX_ofndr/search_short.asp

This page maintained by Sherrie Parker. Last Updated: 7/19/2005