In conjunction with our mission, North Carolina Wesleyan University has formulated this Code of Student Conduct. NC Wesleyan University believes that its role is to offer educational opportunities in a positive atmosphere, with such opportunities to include the personal growth and development of students. Therefore, our community promotes the development of responsible social attitudes. NC Wesleyan University students are expected to become familiar with and adhere to the University Code of Student Conduct and Residence Hall standards. Students are responsible for their actions, and those who violate the Code of Student Conduct will be subject to the student conduct process.
Membership in the NC Wesleyan University community is a privilege that should be respected. Students accepting the offer of admission to NC Wesleyan University assume the obligation of conducting themselves in a manner compatible with the University as an educational institution and agree to abide by all published policies governing the student body and all laws of the State of North Carolina. Minimal policies are necessary to ensure respect for basic individual rights and the welfare of the community. NC Wesleyan University acknowledges and respects the rights of each student. The University is not a sanctuary from the law and violations of local, state, and federal law committed at NC Wesleyan University will result in student conduct action by the University as well as action by law enforcement agencies.
Scope and Jurisdiction
This North Carolina Wesleyan University Code of Student Conduct applies to all students enrolled in any educational program at NC Wesleyan University (see student definition). The North Carolina Wesleyan University Code of Student Conduct applies to conduct that occurs on any property owned, leased, rented or used by the University, at University-sponsored activities whether on or off-Campus, and to any off-campus conduct that adversely affects the University community or the pursuit of its objectives. This includes violations of local, state, or federal laws which could take place off-campus but could have a negative impact on the University community. The Dean of Students or designee shall determine, in his/her sole discretion, on a case by case basis, whether conduct occurring off-campus potentially adversely affects the University community or the pursuit of its educational mission sufficiently to invoke the Code of Student Conduct. Each student is responsible for her/his conduct from the time of acceptance for admission through the actual awarding of the degree, including conduct occurring before classes begin or after classes end, throughout the entire academic year, and including periods between terms of actual enrollment. (see Definitions – Student)
The University community believes the ideals of honor, trust, and equal treatment are essential to the learning environment that enhances character development, promotes academic integrity, and commits to fair and respectful treatment of all people. To this end, every student is asked to take the following pledge:
“I pledge to conduct myself as an honorable member of the Bishop community. I will submit only academic work that is my own and will acknowledge the academic work of others. I will respect all members of the community and comply with University policies. As a member of this community, I pledge to uphold the core values of integrity and accountability in my actions and hold others accountable to these values.”
NC WESLEYAN UNIVERSITY CODE OF STUDENT CONDUCT
All students are expected to:
- Act with integrity in all aspects of campus life.
- Act responsibly and take accountability for their actions.
- Aim for excellence inside and outside the classroom.
- Give care to one another, in both word and deed.
- Embrace diversity and seek to learn from those with differing values and beliefs.
The Code shall apply to a student’s conduct even if the student withdraws or graduates from the University while the disciplinary matter is pending.
Below are definitions to select words and phrases found in the Code of Student Conduct and the Student Conduct Process:
- Appellate Officer/Body – any person or persons authorized to consider an appeal
- University – NC Wesleyan University
- University Official/Employee – all persons employed by the University or employed by an authorized University vendor (e.g. Foodservice staff).
- University Community – all persons (Faculty, Staff, Students, Administrators) and the surrounding town and residents.
- University Premises – all land, buildings, facilities and property owned or controlled by the University, including property not owned by the University but where a University-sanctioned event is occurring.
- Complainant – an individual who has experienced an alleged violation of the Code of Student Conduct or who makes a complaint on behalf of another.
- Conduct Officer/Body – any person(s) authorized by this document or the Dean of Students to determine whether a student has violated the Code of Student Conduct and to recommend or assign sanctions. (i.e. trained administrators, University Conduct Board).
- Conduct Status – a status assigned to a student found responsible for violating a policy.
- Conduct Conference – a meeting held with a conduct body to review evidence and decide the outcome of a complaint.
- Consent – words or actions that show an active knowing and voluntary agreement to engage in mutually agreed-upon activity.
- Area Coordinator – full-time, live-in professional staff member responsible for assisting residential students in achieving success in all aspects of campus life and is responsible for the overall operation of the residence halls. The AC has the initial responsibility for the maintenance of a respectful and safe learning community within the residence halls and across the campus.
- Educational Sanction – a required action issued as a result of being found responsible for violating a policy with the intent for student learning and growth.
- Faculty Member – any person employed by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty.
- Resident Advisor – student staff member that lives on each floor of the residence halls and is responsible for engaging students in the overall residential community, building relationships, and assisting in the educational process outside of the classroom for all students.
- Respondent – an individual against whom a complaint of violating a policy in the Code of Student Conduct has been made.
- Staff Member – any person employed by the University who is not a member of the faculty and has administrative or professional responsibilities.
- Student – all persons enrolled and taking courses at NC Wesleyan University, both full-time and part-time. This includes persons against whom an allegation of policy violation is made but who withdraw prior to the completion of the Student Conduct Process, who are not officially enrolled for a particular term but who have a continuing relationship with the University, or who have been notified of their acceptance for admission but have not yet matriculated.
- Code of Student Conduct – standards of conduct, policies, and procedures established to provide a full and fair opportunity for review of alleged student misconduct.
- Student Conduct Record – documentation of a student’s alleged, pending, and resolved conduct violation(s) and sanction(s) that are maintained by the Office of Student Affairs for up to 5 years.
- Dean of Students (DOS) – the staff member charged with oversight of the Student Conduct Process.
Student Rights and Responsibilities for Community Living
Every student must keep in mind that any individual’s exercise of his/her rights must end when exercising those rights violates the rights of others. Students whose behavior violates the rights of other members of the University community will be subject to appropriate disciplinary action including, but not limited to, removal from campus.
STUDENT CONDUCT POLICIES
The policies listed here are offered as a guideline and are not inclusive. Violations of the Code of Student Conduct are cumulative – multiple offenses over a period of time or occurring within one incident may be considered a higher-level incident as indicated on each policy; the result may be a more severe status and sanction than would normally be imposed for a single violation.
Students may be held accountable for violations which occur in their presence and in which they fail to take the appropriate actions of reporting the violation and removing themselves from the situation. Should a student become aware of a real or potential policy violation, the student shall advise the offender or potential offender that such action is a policy violation, inform a University Official about the violation, and not become a participant in the violation by remaining present when the violation is occurring. Not participating in a visible policy violation does not absolve the student of responsibility for a violation of the Code.
Any student found responsible for violating one or more of the following policies is subject to the outcomes listed in the Student Conduct Process: Conference Outcomes section below.
Conduct Levels (1, 2, or 3) are used as indicators on each Student Code of Conduct Policy to give a general idea of the severity associated with violating that policy and are used as a guidance tool in the student conduct process. Conduct Statuses and Educational Sanctions (see Conference Outcomes) each have a corresponding level. The conduct body may consider at what level they believe a violation occurred to help determine the appropriate conference outcomes. Level 3 is the most severe level of violation – students found responsible for level 3 violations should expect to receive a conduct status of suspension or expulsion. Additionally, cumulative level 1 and 2 violations may rise to level 3 in the conduct process.
1.1 Conduct Process Abuse – This includes but is not limited to: Failure to obey the summons of a Conduct body; failure to comply with summons; falsification or misrepresentation of information before a Conduct Body; attempting to discourage an individual’s proper participation in, or use of, the Conduct process; attempting to influence the impartiality of a member of the Conduct body. (Level 1 or 2)
1.2 Physical Abuse – This includes any encounter that becomes physically abusive between two or more persons. This includes actual or attempted physical abuse. (Level 2 or 3)
1.3 Technology Abuse – This includes the misuses of University technology in violation of rules and regulations of the NC Wesleyan University Information Technology Department. This also includes tampering, interfering with, or damaging security and/or safety equipment (surveillance cameras, locks, etc.) (Level 1, 2, or 3)
1.4 Verbal Abuse – This includes profanity, harassment, or any conduct that is loud, abusive, or inappropriate and is perceived as detrimental to the health and safety of any person. This also includes the public use of profanity on University Premises (i.e. yelling profanity across the yard or from a window). (Level 1 or 2)
- Alcoholic Beverages
2.1 Possession/Use – The possession, use, consumption, or distribution of alcoholic beverages or concentrates, including powdered alcohol, is prohibited by all students at any time, regardless of age, anywhere on the University premises. This includes possession of alcoholic beverages in one’s room, on one’s person, in personal belongings, in one’s vehicle, or being in the presence of alcoholic beverages. This also includes possession of empty alcohol containers. Since it must be assumed that the alcohol was consumed on campus, empty containers are treated the same as full containers. (Level 1 or 2)
2.2 Intoxication – Intoxication as exhibited by behavior is prohibited. The influence of alcohol or controlled substances will not be considered a legitimate excuse for violation of other University policies and may result in a more severe sanction for such violation. (If any student is in medical danger because of intoxication, seek medical attention immediately. Please review the Medical Amnesty policy.) (Level 1 or 2) (See Appendix A for the NC statute on alcohol.)
- Communicating Threats – This includes any act, verbal or non-verbal, which is threatening or intimidating, or is perceived as threatening or intimidating, or is perceived as detrimental to the health and safety of any person. This includes communication in any form, including social media and other electronic communications. (Level 1, 2, 3)
- Controlled Substances
4.1 Possession/Use – Any possession or use of controlled, prohibited, or illegal substances, or use of (or intent to use) substances for purposes or in manners not as directed or prescribed by a physician. This includes possession/use of controlled substances in one’s room, on one’s person, in personal belongings, in one’s vehicle, or being in the presence of controlled substances. Examples include but are not limited to: possession or use of illegal substances in any quantity, including residue and seeds; possession or use of prescription drugs without a valid/current medical prescription; use of prescribed medication not as directed; huffing, snorting, smoking or otherwise possessing or using legal substances not as intended; smokable hemp and/or other cannabis genus or species due to the presence of tetrahydrocannabinol (THC).
(If any student is in medical danger because of drug overdose or other use, seek medical attention immediately. Please review the Medical Amnesty policy.) (Level 3)
4.2 Paraphernalia Possession – In accordance with state law, drug-related devices (paraphernalia) are prohibited on University premises, including possession in one’s room, on one’s person, in personal belongings, or in one’s vehicle. Paraphernalia may include, but is not limited to, marijuana/crack pipes, bongs, homemade devices used as bongs, rolling papers, roach clips, shredded cigars (blunts), smoke masking devices, scales used for measuring controlled substances, and any apparatus, including vapes and vape cartridges, containing drug residue. (Level 1, 2, or 3)
4.3 Distribution/Intent to Distribute – any sale or distribution (including distribution without financial gain) of controlled or illegal substances or any substances prohibited by policy. This includes sharing of prescription medication. It also includes the aiding and abetting of the possession, sale or use of prohibited, controlled or illegal substances. (Level 3) (See Appendix B for NC Statute on Controlled Substances.)
4.4 Intoxication – Intoxication as exhibited by behavior is prohibited. The influence of alcohol or controlled substances will not be considered a legitimate excuse for violation of other University policies and may result in a more severe sanction for such violation. (If any student is in medical danger because of intoxication, seek medical attention immediately. Please review the Medical Amnesty policy.) (Level 1 or 2) (See Appendix B for NC Statute on Controlled Substances.)
- Dishonest Acts – This includes but is not limited to plagiarism, cheating, or fraud not handled under the academic dishonesty policies in the University Catalog. (Refer to the University Catalog for a detailed description of these items.) Dishonest acts also refer to furnishing false information to a University Official/Employee, the alteration, forgery, or misuse of an official University document, record, or form of identification, and tampering with elections conducted by official University organizations. (Level 1 or 2)
- Disorderly or Disruptive Conduct – This includes any behavior which is disorderly, disruptive, or disturbs the peace. This includes lewd or indecent behavior; any obstruction or disruption of teaching, study, research, administration, conduct proceedings, other University activities, or other non-University activities on University premises. Disorderly/disruptive conduct includes, but is not limited to, excessive noise; public urination or defecation; horseplay, practical jokes, hiding from University officials, hall sports and general annoyances. (Level 1 or 2)
- Encourage, Influence, or Support an Individual to Violate University Policy – This includes but is not limited to any action on the part of an individual to encourage or coerce another individual to violate a University policy, to include providing support in any way for the individual who violates policy before, during, or following the violation. This may also include any individual who is aware of but takes no action to address a real or potential policy violation. Should a student become aware of a real or potential policy violation, the student shall advise the offender or potential offender that such action is a policy violation, inform a University Official about the violation, and not become a participant in the violation by remaining present when the violation is occurring. (Level 1 or 2)
- Failure to Comply
8.1 Failure to Comply with a University Official/Employee – This includes failure to comply with any reasonable request made by a University Official/Employee in the performance of his/her duties, and the failure to identify oneself/provide a valid University ID to a University Official/Employee when asked to do so. This also involves failing to comply with a summons from a conduct body (See Residence Life Policies – Identification Cards.) (Level 1 or 2)
8.2 Failure to Comply with Educational Sanction – This includes failure to comply with the terms of any educational sanction imposed in accordance with the Student Code of Conduct or Title IX Policy. Students must complete any and all sanctions assigned to them by the due date given. A student who does not complete any sanction by the due date and to the satisfaction of the conduct body or Dean of Students will be out of compliance and held “Responsible” for violation this policy. It is the responsibility of the student to notify the conduct body of any extenuating circumstances that would prohibit the completion of a sanction by the due date given. The Dean of Students or designee may take administrative action to either extend the sanction deadline or to impose a new sanction or conduct status, up to and including suspension. This action and new sanction(s) and/or status would be imposed without a new conduct conference and is not subject to appeal. (Level 1, 2, or 3)
- Failure to Observe Traffic/Parking Regulations – This includes, but is not limited to, improper parking, driving in an unsafe manner, driving at an unsafe speed, etc. Violations of traffic regulations may result in the revocation of parking privileges, subjecting the student’s vehicle to towing at the student’s expense. All vehicles operated by staff, faculty, and students that park on NCWU property must register their vehicles with the Campus Security Office. Traffic/Parking violations are subject to citation – repetitive violations may result in the revocation of campus parking privileges. Vehicles parked in a fire zone will be immediately towed. (Level 1 or 2)
Appeals can be made to the Director of Campus Safety within 10 days of violation. After 10 days there is no appeal. His decision may be appealed to the Dean of Students, if desired, within 5 days of the communication of the appeal decision. The Dean of Students’ decision is final. Unpaid tickets will be billed to a student’s account. Vehicles may be towed for accumulating unpaid tickets. Repeated failure to abide by traffic and parking regulations may result in suspension of parking privileges and/or disciplinary action.
- Fire and Safety
10.1 Arson – This includes starting or attempting to start a fire anywhere on University property, preventing or attempting to prevent the reporting of a fire, or preventing or attempting to prevent the extinguishing of a fire. (Level 3)
10.2 Creating a Safety, Health, or Fire Hazard – This includes, but is not limited to, actions resulting from pranks, improper disposal of trash, failure to evacuate during a fire alarm (either planned drill or otherwise), failure to maintain residence hall room in a sanitary manner, etc. (Level 1, 2, or 3)
10.3 Abuse of Fire and Safety Equipment – This includes the setting of false alarms, misuse of emergency exits, and tampering with fire equipment, extinguishers, and alarms. This also includes the tampering with, interference of, or damaging of security and safety equipment (smoke detectors, cameras, locks, etc.) (Level 1, 2, or 3)
10.4 Fireworks – Possession or Use – This includes the possession or use of any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, or detonation, including but not limited to firecrackers, bottle rockets, roman candles, M-80s, etc. (Level 2 or 3)
- Gambling – Illegal gambling or wagering is prohibited on University property or at University-sponsored functions. (Level 1)
- Gang Activity – This includes any activity which could lead University officials to reasonably believe that such behavior, apparel, activities, acts or other attributes are gang-related and would materially interfere or substantially disrupt the University environment or activity and/or educational objectives. This may include: wearing apparel of a gang related nature (including but not limited to clothing, clothing accessories, jewelry, hair accessories, tattoos, emblems, badges, symbols, signs); presenting a physical safety hazard to self, students, staff, faculty or other persons on the University campus; communicating either verbally or non-verbally (gestures, handshakes, slogans, drawings, etc.) to convey membership or affiliation in a gang; defacing University or personal property with gang-related graffiti, symbols, or slogans; and soliciting others for gang membership. (Level 2 or 3) (see Appendix C for NC Gang Activity law)
- Harassment – This includes harassing, bullying, abusing or threatening another, or encouraging others to do so, by means other than the use or threatened use of physical force, including, but not limited to, face-to-face communication, phone call, text message, e-mail communication, or social media outlets (ex: Facebook, Twitter, Snapchat, Instagram, etc.) that includes one or more of the following: speech or action that in and of itself inflicts injury or tends to incite a disruption, or causes substantial disruption, or reasonably causes fear of great harm, or that interferes with the educational environment or disrupts University programs; speech or actions that interfere with ingress and/or egress on campus; and speech or actions which are obscene. This includes harassment conducted via a third party(ies). (Level 2 or 3)
- Hazing – This includes any act which endangers the mental or physical health or safety of a student or which destroys or removes public or private property for the purposes of initiation, acceptance, admission into, affiliation with, or as a condition for the continued association in a group, organization, or team. The express or implied consent of the victim will not be a defense. (Level 2 or 3)
- Residence Life Policy – Violation of any residence life policy as outlined in the Residence Life Policies section of the Student Handbook. (Level 1 or 2)
- Retaliation – Engaging, encouraging others, or directing others in an adverse action or threat of an adverse action against a complainant, respondent, or any individual or group of individuals involved in the complaint, investigation, and/or resolution of an allegation of a violation of University’s Code of Student Conduct, Title IX policy, or other University policy; including any individual who attempts to intervene, prevent, or report behavior prohibited by these policies. Retaliation can be committed by an individual or group of individuals, not just a complainant or respondent. Examples of retaliation include, but are not limited to, threats, intimidation, pressure, coercion to recant/withdraw a complaint, continued harassment, violence, or other forms of real or threatened harm to the complainant or others. (Level 2 or 3)
- Smoking, Vaping, and Tobacco Use-The use of smoking, vaping, and tobacco products, including but not limited to the use of cigarettes, cigars, smokeless tobacco, pipes, vaporizing (vape) devices and their related components, and e-cigarettes is prohibited on University property at all times. This includes but is not limited to residence halls, parking lots, University vehicles at any time, personal vehicles while on University property, athletic fields, within any campus building, and on any property owned or controlled by the University. (Level 1)
18.1 Theft or Attempted Theft – This includes theft/attempted theft of property belonging to the University, a member of the University community, or a guest of the University or University community. Included in this policy is the removal of University property from its designated place (i.e. removal of lounge furniture to a student’s room or removal of dinnerware from the dining hall) and the possession of stolen property. (Level 2 or 3)
18.2 Theft or Abuse of Information (Soft or Hard Copy) – This includes but is not limited to the unauthorized entry into a file to use, read, or change the contents or for any other purpose. (Level 1or 2)
- Unauthorized Entry
19.1 Unauthorized Entry into University Facilities – This includes the use/entry of University facilities without proper prior approval from the appropriate University official. This policy includes breaking into a University facility or using a door access card or hard key that does not belong to the student using said card or key. (Level 1, 2, or 3)
19.2 Unauthorized Entry into a Residence Hall Room – This includes entry, with or without force, into a residence hall room not assigned to the entering student and without the express permission of the student officially assigned to the room or by a University Official authorized to grant entry into the room. (Level 1, 2, or 3)
- Unauthorized Possession, Duplication, or Use of University Keys or Student ID – This includes the possession of unauthorized keys (including possession of room keys/cards not issued to holder). Students are reminded that keys/ID cards are not to be given to anyone else for any reason. (Level 1, 2, or 3)
- Vandalism – This includes the willful intent of destruction, defacement, or damage or attempted damage to property belonging to the University or any member of the University community or guest, including, but not limited to: defacing structures, bulletin boards, equipment and facilities; parking/driving on grass and sidewalks; tampering with or damaging vending machines; tampering with or damaging laundry units; grinding or rail sliding with skates or skateboards; littering; and removing window screens. (Level 1, 2, or 3)
- Violation of any Federal, State, or Local Law – This includes any Federal, State, or Local law not specifically covered in the Code of Student Conduct or University policies. For violations that involve local, state, and/or federal law, conduct decisions and sanctions issued by NC Wesleyan University are separate and distinct from any legal action taken by the courts. As the NC Wesleyan University Conduct system operates under the guidelines of ‘clear and convincing evidence’ (see Conduct Procedure: Evidence), it is possible to be found not guilty or have the case dismissed in the courts and be found responsible in the NC Wesleyan University Conduct system. (Level 1, 2, or 3)
23.1 Lethal Weapons Possession/Use – This includes the possession or use of weapons, including but not limited to explosives; firearms and/or ammunition; knives, to include bowie knives, switchblades, daggers, lock-blade knives, knives that can be opened with one hand, are spring-loaded, can be opened with a throwing action, or knives with an overall length of 4 or more inches when unfolded; martial arts weapons; bows and arrows; straight razors and box cutters; brass knuckles; any implement capable of inflicting serious bodily injury and used in like manner; or dangerous chemicals are prohibited on the University premises, including in one’s room, on one’s person, in personal belongings, or in one’s vehicle. Federal and state laws regarding weapons and firearms will be observed and enforced. (Level 3)
23.2 Non-Lethal Weapons – Possession/Use – This includes the possession or use of projectiles that may result in direct or indirect injury. This may include but is not limited to: slingshots of all types, water balloons, water guns, paintball guns, slingshots, air soft guns, TASERs, etc. Pepper spray/mace is permitted as a tool for safety. However, if used in an offensive manner/not in self-defense, it is considered a non-lethal weapon subject to this policy. (Level 2 or 3)
Any student found responsible for violating one or more of the following policies is subject to the outcomes listed in the Student Conduct Process: Conference Outcomes section below.
Additional Policy Considerations
Residence Halls and Rooms
Students are responsible for all activities taking place in their assigned residence hall room, whether they are present or not. They are responsible for any items found in their assigned residence hall room, whether they are present or not. Also, a student who is a guest in another student’s room is responsible for the items present and activities that occur in the room where they are present. Therefore, it is incumbent upon each student to be aware of his/her surroundings to ensure he/she is not a party to any violation.
Social media sites can be effective tools for exchanging information. NC Wesleyan University embraces and strives to uphold the freedoms of expression and speech guaranteed by the First Amendment of the U.S. Constitution and the N.C. State Constitution. However, any online behavior which is brought to the attention of any University official that violates the University’s Code of Student Conduct may be addressed under the Code. Students should remember that any information or behavior exhibited or shared on social media sites could affect membership in clubs, organizations, and work study positions on campus, as well as internships and jobs outside of NC Wesleyan University.
Solicitation of employees and students on NC Wesleyan University premises by or on behalf of any business, club, society, or organization is strictly prohibited. This prohibition applies to employees, students, and those not affiliated with the University, and covers solicitation of any form, whether for membership, subscriptions, sales, or any payment of money. Students may not operate any business, licensed or otherwise, from any location on campus, including a residence hall room or vehicles. Limited exceptions may be granted by submitting a formal request stating the organization, contact person, reason for solicitation, and methods of solicitation employed to the Office of Student Affairs. Students should immediately report any solicitation to the Office of Student Affairs.
Student clubs and organizations may schedule programs involving fundraising with the consent of the Office of Student Engagement and must follow solicitation protocols as provided by that office.