Code Offenses:

Notwithstanding actions taken by civil authorities, or private litigants, the vice chancellor for student affairs or his/her designee may initiate disciplinary proceedings as outlined in Section II-2 and/or Section VI-8 against a student or group who violates or attempts to violate this Code or other applicable rules, including the following:

1. Damages, defaces, alters, destroys or misuses university property or property belonging to a member of the university community or a visitor to the campus.
2. Takes, purchases, or possesses university propertyand/or services or property of any other person without expressed permission or authority.
3. Illegally possesses and/or uses a drug or narcotic. Students are expected to abide by local ordinances, state laws and federal laws regarding the consumption or possession of drugs (see Section V & State Law I).
4. Sells or intends to manufacture drugs (see Section V & State Law I).
5. Illegally possesses and/or uses drug paraphernalia (see Section V & State Law I).
6. Possesses firearms on university property or at an event sponsored or supervised by the university or any recognized university organization (see State Law II).
7. Possesses weapons, other than firearms, on university property or at an event sponsored by the university or any recognized university organization (see State Law II).
8. Conducts himself/herself in a manner that significantly interferes with the teaching, learning or operations of the university.
9. Conducts himself/herself in a manner that significantly endangers the health or safety of self or others.
10. Tampers with fire equipment, including fire alarms, on the UNCW campus as stated in North Carolina General Statute 14-286 (see State Law III).
11. Sets a fire in or on university property, including but not limited to property as stated in North Carolina Statute 14-60 (see State Law III).
12. Possesses or uses any explosive device, including but not limited to firecrackers, cherry bombs, bottle rockets and dynamite.
13. Possesses or uses an alcoholic beverage in violation of state law and/or fails to abide by university policy on consumption and advertising of alcoholic beverages (see University Policy 05.303 and 05.304).
14. Is visibly overcome by alcohol.
15. Engages in hazing. Hazing by university groups is prohibited on or off campus (see State Law IV). Hazing is defined as a covert or overt action, occurring on or off campus, by an individual or group of individuals in connection to recruitment, initiation, rite of passage, or membership in a fraternity, sorority, UNCW sport club, group, organization or athletic team; that subjects any other member of the university community, voluntarily or involuntarily, to activity which creates an atmosphere for potential or actual humiliation, degradation, verbal, emotional or physical distress, abuse or injury; or compromises the academic mission and/or reputation of the University of North Carolina Wilmington.
16. Inflicts or threatens bodily harm upon another, or acts in a manner which creates a risk of bodily harm to another.
17. Harasses, abuses or threatens another by means other than the use or threatened use of physical force, including but not limited to, stalking, phone and e-mail communication (see State Law VII).
18. Forges, alters, destroys or misuses university documents and records. Violations include, but are not limited to, forgery of applications for financial aid, admission, course changes and course credit, or alterations of transcripts, parking decals or student identification cards.
19. Gains unauthorized entry to any university property and/or possesses unauthorized keys or access codes/cards to university facilities. The duplication of a university key or sharing of university access codes/cards is prohibited.
20. Gambles for money or other items of value; this includes playing of cards or other games of chance or skills for money or other items of value.
21. Lends, sells, manufactures, possesses or otherwise transfers a student identification card or any other official form of identification, including the use of a student I.D. and/or meal card if not its original holder (see State Law VI, VIII & IX).
22. Demonstrates and/or assembles in violation of North Carolina General Statutes.
23. Misuses university technology in violation of rules and regulations of the UNCW Institutional Technology Systems Division (see University Policy 07.100).
24. Misuses university communication systems, including the use of university phones and data lines, without consent of those responsible for their control.
25. Intentionally furnishes false information to a member of the faculty, staff or a student acting in an official capacity.
26. Engages in disorderly conduct including, but not limited to, verbally abusive or inappropriate behavior (see State Law V).
27. Fails to comply with orders or directives of university officials, university hearing bodies, university police or any other law enforcement officers acting in performance of their duties.
28. Discriminates against another student through behavior of a biased or prejudiced nature related to one's personal characteristics, such as race, color, national origin, sex, religion, handicap, age or sexual orientation.
29. Sexually harasses any other student, male or female, by making repeated and unwelcome sex-related comments, sexual overtures, or physical behavior which interfere or are intended to interfere with another person's work or study (see University Policy 02.200 and 02.210).
30. Conducts himself/herself in a manner which encourages or enables illegal activity and/or a violation of the Code of Student Life by failing to confront the behavior or by implicitly condoning the behavior by his/her presence during the activity.
31. Is in violation of any North Carolina and/or Federal criminal law.
32. Commits an act prohibited by North Carolina law, “Rape and other sex offenses” Article 7A of Chapter 14 of N.C. General Statutes (as currently in effect at time of alleged violation). [NCGS 14-27.1 through NCGS 14-27.10]. Sexual assault victims include members of the university community or university guests on institutional premises or premises of a group or organization officially recognized by the university (see University Policy 04.130).
33. Is in violation of policies and procedures as stated in the UNCW Housing and Residence Life publication, A Guide for On-Campus Living (see Section IV-3).
    

LEVELS OF UNIVERSITY DISCIPLINARY SANCTIONS

1. Written Reprimand -- A written reprimand involves a status of warning through the end of the next full semester, which terminates automatically when the imposed period expires.

2. Disciplinary Probation -- Disciplinary probation involves a status of probation for up to one calendar year, which terminates automatically when the imposed period expires. A student who is placed on disciplinary probation is considered not to be in good standing with the university.

As part of disciplinary probation, the student may have restrictions placed on specific student privileges, as determined by the hearing body or administrative hearing officer, not to exceed the duration of the probationary period. In the event of a further violation of this Code or other applicable rules while on disciplinary probation, the university will seek the penalty of suspension or expulsion.

3. Suspension* – Suspension involves withdrawal of enrollment privileges and cancellation of registration, at a minimum, through the end of the next full semester, and carries with it conditions which must be met for re-enrollment.

Re-enrollment after a suspension period requires that the student apply to the dean of students at the close of the imposed period and the dean will determine whether the student has met the conditions imposed and is otherwise eligible for re-enrollment. A denial may be appealed to the Committee on Problem Admissions & Extraordinary Disciplinary Emergencies.

During the term of suspension, the student may not come onto campus. Failure to abide by this condition may result in arrest for criminal trespassing.

A student who is suspended after the deadline for withdrawal with a “W” shall be assigned a grade of “WF” or “W” by each instructor based upon the academic performance prior to the suspension.

4. Expulsion*—Expulsion is the permanent dismissal of a student from the university, and precludes matriculation at any UNC constituent institution, unless and until the chancellor who imposed or approved the sanction of his/her successor concludes on the basis of the former student’s petition and any supportive documentation that the individual should be given a new opportunity to pursue higher education within the UNC system. The student will be trespassed from university property for as long as the individual is considered a risk to others or to university property. Expulsion will result in a permanent transcript notation.

Other Sanctions – The Office of the Dean of Students will consult with Housing and Residence Life staff in order to address a student’s comprehensive conduct in residence, and may enforce the Housing Contract which provides the university the right to a.) move a student to another residence hall; b.) cancel a student’s housing contract; or c.) refuse to renew a housing contract. Prior to removing a student from residence, the student is entitled to the full judicial process described in the Code of Student Life. Any student who is removed from on-campus housing shall not be entitled to a refund of room fees.

For certain offenses, students may be restricted from visiting in or
around campus residential facilities.

* The sanction of suspension may be imposed by the dean, CJB and Committee on Problem Admissions and Extraordinary Disciplinary Procedures. Other hearing officers and judicial bodies may recommend the sanction of suspension. The chancellor or vice chancellor for student affairs may impose the sanction of expulsion.