Tenn. Comp. R. & Regs. 0240-09-01-.04

Current through January 8, 2025

Section 0240-09-01-.04 - PROHIBITED CONDUCT

(1) Prohibited conduct includes, but is not limited to the following:

(a) 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, safety, or welfare; 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;

(b) Engaging in oral or written speech that is obscene; is defamatory; consists of fighting words; or is directed to inciting or producing imminent lawless action and is likely to incite or produce such action;

(c) Any conduct that falls within the terms of T.C.A. § 39-17-308 (Harassment) or T.C.A. § 39-17-315 (Stalking) or "student-on-student harassment," which means unwelcome conduct directed toward a person that is discriminatory on a basis prohibited by federal, state, or local law, and that is so severe, pervasive, and objectively offensive that it effectively bars the victim's access to educational opportunity or benefit;

(d) Discrimination: Any conduct that falls within the terms of any federal or state law, rule, or regulation related to discrimination and harassment;

(e) Hazing: Any conduct that falls within T.C.A. § 49-7-123(a)(1), including, but not limited to, an intentional or reckless act on or off Tennessee Tech Property by one (1) Student acting alone or with others that is directed against any other Student, that endangers the mental or physical health or safety of that Student or that induces or coerces a Student to endanger the Student's mental or physical health or safety;

(f) Retaliation: Interfering with any aspect of a disciplinary matter or disciplinary hearing, including, but not limited to threatening or intimidating a complainant or witnesses or attempting to do the same;

(g) Disruptive Behavior: Any individual or group behavior that unreasonably disrupts the academic environment (e.g. interferes with teaching, classroom operations, research, etc.) or unreasonably interferes with operations, events, or programs on Tennessee Tech Property or during a Tennessee Tech Activity;

(h) Obstruction of or Interference with Activities on Tennessee Tech Property or Facilities: Any substantial interference with or substantial obstruction of any Tennessee Tech program, event, or facility including the following:

1. Any unauthorized occupancy of facilities owned or controlled by Tennessee Tech or blockage of access to or from such facilities;

2. Interference with the right of any Tennessee Tech member or other authorized person to gain access to any activity, program, event, or facilities sponsored or controlled by Tennessee Tech;

3. Any obstruction or delay of a public safety officer, security officer, firefighter, EMT, or any University Official;

4. Participation in a demonstration that substantially impedes Tennessee Tech operations; or

5. Obstruction of the free flow of pedestrian or vehicular traffic on Tennessee Tech Property or at a Tennessee Tech Activity;

(i) Failure to Comply: Refusing or ignoring directions of a University Official acting in the performance of his/her duties;

(j) Falsification: Providing information that is materially false to, or withholding necessary information from, any University Official acting in the performance of his/her duties;

(k) Fraud: Deception, forgery, or alteration, including, but not limited to, the unauthorized use of Tennessee Tech documents, records, identification, computers, parking permits, identity theft, or any other similar actions prohibited by law;

(l) Theft: Unauthorized possession of Tennessee Tech Property or personal property of a member of the Tennessee Tech community;

(m) Misuse or Damage of Property: Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to Tennessee Tech or a member of the Tennessee Tech community including, but not limited to, any personal property, fire alarms, fire equipment, elevators, telephones, Tennessee Tech keys, library materials and/or safety devices;

(n) Trespassing or Unauthorized Entry: Unauthorized access or attempting to gain access to any Tennessee Tech Property;

(o) Weapons: Possession or carrying, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles, or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any Tennessee Tech building or bus, campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by Tennessee Tech as prohibited by state law. No Student shall use a weapon or instrument to simulate a weapon in acts that endanger or threaten any person;

(p) Hazardous Materials: Possession, ignition, or detonation of explosives, fireworks, flammable materials, ammunition, gasoline or other hazardous liquids, chemicals or hazardous materials, and any other material or item of like kind representing a potential danger to the Tennessee Tech community;

(q) Substance Abuse: The unlawful manufacture, distribution, possession, use or abuse of any controlled substance, illegal drug or alcohol on Tennessee Tech Property or as part of any activity sponsored by Tennessee Tech in violation of state or federal law or related Tennessee Tech policies;

(r) Paraphernalia: The use or possession of equipment, products, or materials that are used or intended for use in the unlawful manufacture, growth, use, or distribution of any drug or controlled substance. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession of drug paraphernalia;

(s) Parking or Traffic Violations: In addition to the penalties described in Tennessee Tech rules or policies related to traffic, parking, and safety and elsewhere in this rule, the possession or use of a motor vehicle on Tennessee Tech Property may be limited or revoked for any of the following:

1. Possession or use of alcoholic beverages or drugs while operating a vehicle;

2. Irresponsible operation of a vehicle;

3. Leaving the scene of an accident;

4. Failure to report an accident involving personal injury or property damage;

5. Excessive violations of rules or policies to include excessive parking citations;

6. Falsifying vehicle registration or gaining such registration under false pretense; or

7. Possession, use, or sale of fraudulent parking permits;

(t) Violation of Information Technology Acceptable Use Standards: Violation of any provision related to Tennessee Tech information technology facilities and resources as defined in related state or federal laws or Tennessee Tech policies;

(u) Unauthorized Use of Personal Recording Devices: Use of electronic or other devices to make a photographic, audio, or video record of any person without his/her prior knowledge or consent in violation of federal or state law or related Tennessee Tech policies;

(v) Invasion of Privacy: Making, or causing to be made, unauthorized video/audio recordings or photographic images of a person in a location in which that person has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or guardian. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, residence hall rooms, and restrooms, as well as any storing, sharing, and/or distributing of such unauthorized recordings/images by any means;

(w) Violation of Student Housing Policy: Violation of any provision outlined in Tennessee Tech rules, related policies, and procedures related to housing;

(x) Gambling: Unlawful gambling in any form;

(y) Financial Irresponsibility: Failure to meet financial responsibilities to Tennessee Tech including, but not limited to, knowingly passing a worthless check or money order in payment to Tennessee Tech;

(z) Unacceptable Conduct in Disciplinary Proceedings: Conduct at any stage of a disciplinary proceeding or investigation that is contemptuous, threatening, or disorderly, including, but not limited to:

1. Failure to obey the directives of a disciplinary body or University Official in the performance of his/her/its duties;

2. Falsification, distortion, or misrepresentation of information during a disciplinary proceeding;

3. Disruption or interference with the orderly conduct of a disciplinary proceeding;

4. Attempting to influence the impartiality of a member of a disciplinary body prior to, or during the course of, a disciplinary proceeding; or

5. Harassment, intimidation, or retaliation against any participant in the Tennessee Tech disciplinary process;

(aa) Attempting to violate the student conduct rule or related policies;

(bb) Aiding/Abetting a Violation: Any attempt to commit any of the offenses identified as prohibited conduct, or the aiding/abetting of the commission of any of the offenses listed as such. 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. Being present during the planning or commission of any offense listed under this section will be considered as aiding and abetting. Students who anticipate or observe an offense must remove themselves from the situation and are required to report the offense to Tennessee Tech;

(cc) Violation of Policies: Any violation of the general policies of Tennessee Tech as published in Tennessee Tech publications including, but not limited to, policies or procedures published on Tennessee Tech's web site;

(dd) Violation of State or Federal Laws: Any violation of state or federal laws, rules, regulations, etc. proscribing conduct or establishing offenses;

(ee) Violation of Imposed Disciplinary Sanctions: Violation of a disciplinary sanction officially imposed during a Tennessee Tech hearing proceeding.

Tenn. Comp. R. & Regs. 0240-09-01-.04

Original rules filed September 1, 2017; effective November 30, 2017. Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. Amendments filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date 3/31/2021.

Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).