Spectrum 2007-2008

Policies and Regulations
TN Board of Regents
State University and Community College
System of Tennessee

Institutional Student Disciplinary Rules

0240-3-2-.02 Disciplinary Offences

  1. 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 to 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:
    1. 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.
    2. Hazing.Hazing mean 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.
    3. 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.
    4. Obstruction of or interference with institutional activities or facilities Any intentional interference with or obstruction of any institutional activity, program, event or facilities, including 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/her duty.
    5. Misuse of or damage to property. Any act or 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, institution keys, library materials and/or safety devices; and any such act against a member of the institution.
    6. Theft, misappropriation or unauthorized sale. Any act of theft, misappropriation or unauthorized possession of sale of institution property or any such act against a member of the institution community or a guest of the institution.
    7. 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.
    8. Firearms and other dangerous weapons. Possession of or use of firearms or dangerous weapons of any kind.
    9. Explosives, fireworks, and flammable materials. The unauthorized possession, ignition or detonation of any object or article which would 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.
    10. Alcoholic beverages. The use, possession, distribution, sale, or manufacture of alcoholic beverages, or public intoxication on property owned or controlled by the institution; at an institution-sponsored event, on property owned or controlled by an affiliated clinical site; or in violation of any term of the East Tennessee State University Drug Schools and Communities Policy Statement.
    11. Drugs. The unlawful use, possession, distribution, sale, or manufacture of any drug or controlled substance (including any stimulant, depressant, narcotic, or hallucinogenic drug or substance or marijuana); being under the influence of any such drug or controlled substance, possession of drug paraphernalia or the misuse of legally prescribed or "over the counter" drugs on property owned or controlled by an affiliated clinical site; or in violation of any term of the East Tennessee State University Drug Schools and Communities Policy Statement.
    12. Gambling. Gambling in any form.
    13. 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.
    14. Unacceptable conduct in hearings. Any conduct at an institutional hearing involving contemptuous, disrespectful, or disorderly behavior, or the giving of false testimony or other evidence at any hearing.
    15. Failure to cooperate with institutional officials. Failure to comply with directions of institutional officials acting in the performance of their duties.
    16. Violation of general rules and regulations. Any violation of the general rules and regulations of the institution as published in an official institutional publication, including the intentional failure to perform any required action or the intentional performance of any prohibited action.
    17. 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).
    18. 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 incorporated herein by reference.
    19. Sexual battery or rape. Committing any act of sexual battery or rape as defined by state law.
    20. Contempt. Failure to comply with university officials acting on behalf of the student judicial system including failure to appear before a scheduled institutional hearing.
    21. Unauthorized possession, duplication of, or use of keys to any university premise or unauthorized entry to or use of university premises.
    22. Abuse of the University Judicial System including but not limited to:
      1. Failure to obey the summons of a judicial body or university official.
      2. Falsification, distortion, or misrepresentation of information before a judicial body.
      3. Disruption or interference with the orderly conduct of a judicial proceeding.
      4. Institution of a judicial proceeding knowingly without cause.
      5. Attempting to discourage an individual's proper participation in, or use of, the judicial system.
      6. Attempting to influence the impartiality of a member of a judicial body prior to, and/or during the course of, the judicial proceeding.
      7. Failure to comply with the sanction(s) imposed under the Student Code of Conduct.
      8. Threatening the accuser or attempting to influence another person to commit an abuse of the judicial system.
  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 poses 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.

Statutory Authority: T.C.A. Section 49-8-203