Tenn. Comp. R. & Regs. 1720-02-05-.04

Current through December 18, 2024

Section 1720-02-05-.04 - STANDARDS OF CONDUCT

All students are prohibited from engaging in the following:

(1) Academic Dishonesty/Honor Code Violation: Cheating, plagiarism, or any other act of academic dishonesty, including, but not limited to, an act in violation of the Honor Code.

(2) Providing False Information: Providing false information to a University official.

(3) Misuse of Information in Connection with a University Investigation or Hearing: Falsifying, distorting, misrepresenting, or withholding information in connection with a University investigation or hearing, except for the withholding of information as provided under Section .05(1)(d) and Section .05(2)(c) of this Chapter.

(4) Misuse of Records, Identification, and/or Documents: Forging, altering, destroying, falsifying, or misusing records, identification, or documents, whether in print or electronic form.

(5) Harm and/or Endangerment: Causing physical harm to any person, including oneself; endangering the health, safety, or welfare of any person, including oneself; engaging in conduct that causes a reasonable person to fear harm to his or her health, safety, or welfare; or making an oral or written statement that a 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.

(6) Harassment: Unwelcome conduct directed toward another person that is discriminatory on a basis prohibited by federal, state, or local law, and that is determined by a reasonable person to be so severe, pervasive, and objectively offensive, that it effectively bars 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 including, but not limited to, mere insulting or offensive speech. Notwithstanding any provisions in this Section .04(6) to the contrary, harassment based on sex, including Sexual Harassment, shall constitute conduct as defined under Section .02(20) of this Chapter in accordance with the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking.

(7) Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, and/or Retaliation: Engaging in conduct prohibited by the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking, including sexual exploitation and retaliation.

(8) Invasion of Privacy: Invasion of another person's privacy when that person has a reasonable expectation of privacy, including, but not limited to, by 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 a shower, locker rooms or restrooms. The storing, sharing, and/or distributing of such unauthorized recordings by any means is also prohibited.

(9) Theft, Misappropriation and/or Unauthorized Possession/Sale: Theft, misappropriation, unauthorized possession, or unauthorized sale of private or public property, including but not limited to, University-controlled property.

(10) Vandalism: Vandalizing, destroying, damaging, engaging in conduct that reasonably could cause damage to, or misusing private or public property, including but not limited to, University-controlled property.

(11) Hazing: Any intentional or reckless act on or off University-controlled property by one (1) student, acting alone or with others that is directed against any other student, that endangers the mental or physical health, safety, or welfare of that student, or that 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.

(12) 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.

(13) 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.

(14) 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.

(15) Arson and/or 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.

(16) Unauthorized Possession and/or Access to University Property: Possessing, using, or duplicating University keys, access cards, parking permits, or identification cards without authorization; or possessing, using, or entering University-controlled property without authorization.

(17) Misuse of University Information and/or Technology: Theft, misuse, or unauthorized use of information technology facilities, resources, or access codes, including, but not limited to: 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 employee, 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 rules or policies on the acceptable use of information technology resources.

(18) Unauthorized Use of Weapons and Related Misconduct: Possessing, 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 or her designee) of the University Police Department or unless federal or state law affirmatively gives a student a right, irrespective of the Code, to possess or carry a weapon on University-controlled property or in connection with a University-affiliated activity.

(19) Alcohol-Related Misconduct: Consuming, manufacturing, possessing, distributing, dispensing, or selling alcohol or alcohol paraphernalia, or being under the influence of alcohol, on University-controlled property or in connection with a University-affiliated activity, unless expressly permitted by University rules or policy.

(20) Violation of Federal, State, or Local Alcohol Laws: Consuming, manufacturing, possessing, distributing, dispensing, or selling alcohol or alcohol paraphernalia, or being under the influence of alcohol, if prohibited by federal, state, or local law.

(21) Providing Alcohol to Minors: Providing alcohol to a person younger than twenty-one (21) years of age, unless permitted by law.

(22) Drug-Related Misconduct: Using, manufacturing, possessing, distributing, selling, or dispensing drugs or drug paraphernalia, or being under the influence of drugs, if prohibited by federal, state, or local law; using or possessing a prescription drug if the prescription is not issued to the student using or in possession of the prescription drug; or distributing or selling a prescription drug to a person to whom the prescription was not originally issued.

(23) Obstruction or Disruption of University Activities: 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. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution.

(24) Failure to Comply with University Request or Directive: Failing to respond to a request to report to a University administrative office; failing to comply with a lawful directive of a University official or other public official acting within the scope of his or her duties, except as provided under Section .05(1)(d) and Section .05(2)(c) of this Chapter; or failing to identify oneself to a University official or other public official acting within the scope of his or her duties when requested to do so.

(25) Failure to Pay Financial Obligation: Failing to pay a bill, account, or other financial obligation to the University.

(26) Failure to Appear at Hearing: Failing to appear at a University hearing, including, but not limited to, a Formal Hearing or a hearing related to alleged violations of the Honor Code , 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.

(27) 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 Code regardless of whether or not the underlying allegation of a violation of the Code is ultimately found to have merit. Retaliation can include, without limitation:

(i) 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

(ii) an act or omission committed by a student through a third party.

(28) Violation of Housing & Residence Life Policies: Violating any obligations under a University Housing & Residence Life contract for University residential housing and/or any policies under the Housing & Residence Life Student Handbook.

(29) Violation of Other University Rule, Policy, or Procedure: Violating any University rule, policy, or procedure other than the Code, including, without limitation, University rules or policies relating to use of University facilities, smoking, the acceptable use of information technology resources, research misconduct, University libraries, dining services, parking or transportation, University identification card use, and registered student organizations.

(30) Violation of Federal, State, or Local Law: Committing an act that is prohibited by federal, state, or local laws, regulations, and/or ordinances.

(31) Attempt to Commit or Accessory to a Violation: Attempting to commit a violation of a Standard of Conduct set forth under this Section .04 or being an accessory to the commission of an act or attempted act in violation of a Standard of Conduct set forth under this Section .04.

(32) Violation of University Action: Violating the terms of an interim action under Section .14 of this Chapter (including, but not limited to, a no-contact directive, interim restriction, or interim suspension); Behavioral Agreement; Resolution Agreement, Alternative Resolution Agreement, Informal Resolution, disciplinary sanction; or restriction, sanction, or condition of enrollment or re-enrollment imposed by the University.

Tenn. Comp. R. & Regs. 1720-02-05-.04

Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed August 22, 1980; effective November 5, 1980. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective through February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective 3/17/2021.

Authority: T.C.A. §§ 49-7-123(a)-(b), 49-7-1702(3), 49-7-2406(a)-(b), and 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.