Tenn. Comp. R. & Regs. 1720-05-01-.04 - STANDARDS OF CONDUCT
Students are prohibited from engaging in the following types of misconduct:
(1) Academic
Dishonesty. Cheating, plagiarism, or any other act of academic dishonesty,
including, without limitation, an act in violation of the Honor Code.
(2) False Information. Providing false
information to a University official.
(3) Misuse of Information in Connection with
University Investigation or Hearing. Falsifying, distorting, misrepresenting,
or withholding information in connection with a University investigation or
hearing.
(4) Misconduct Relating to
Records or Identification. Forging, altering, destroying, falsifying, or
misusing records or identification, whether in print or electronic
form.
(5) 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.
(6) 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).
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) 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.
(15) University Keys, Access Cards, and
Identification. Possessing, using, or duplicating University keys, University
access cards, or University identification cards without authorization from the
University.
(16) 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.
(17) 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.
(18) 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.
(19) 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.
(20) Providing Alcohol to Underage Person.
Providing an alcoholic beverage to a person younger than twenty-one (21) years
of age, unless permitted by law.
(21) 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.
(22) Failure to
Fulfill a University Financial Obligation. Failing to timely fulfill a
University bill, account, or other financial obligation owed to the
University.
(23) 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.
(24) 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.
(25)
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.
(26) 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.
(27) 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.
(28) Act Prohibited by Law. Committing an act
that is prohibited by local, state, or federal law.
(29) 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.
(30)
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.
Notes
Authority: T.C.A. ยง 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
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