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MTSU Rules and Regulations


Definitions | Rules & Regulations


DEFINITIONS

For the purpose of the student disciplinary rules, the following definitions apply:

1. The term "University" means Middle Tennessee State University.

2. "Student" includes all persons taking courses at the University, both full-time and part-time, pursuing undergraduate, graduate, or professional studies. A student is further defined as someone who has been accepted for admission or readmission to the University. Persons who are not officially enrolled for a particular term but who have a continuing relationship means that the individual has been enrolled in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session immediately following.

3. "Faculty member" means any person employed by the University to conduct academic activities. The term "staff member" means any person employed by the University in a non-teaching or non-academic capacity.

4. "University official" includes any person employed by the University, performing assigned administrative, professional, or staff responsibilities.

5. "Member of the University community" includes any person who is a student, member of the faculty or staff, University official, or any other person employed by the University.

6. "University premises" includes all land, buildings, facilities, and other property in the possession of, or owned, used, or controlled by the University or by organizations chartered and registered with the University, including adjacent streets and sidewalks.

7. "Student organization," unless otherwise indicated, means any group that has complied with the formal requirements and been approved for University registration.

8. "University activity" means any activity sponsored by the University, any agency of the University, or any University organization which may be attended in part or whole by students, faculty members, staff members, or other members of the general public and conducted on or off University premises.

9. "Judicial coordinator" means a University official authorized to administer the judicial process. The person, located in the Office of the Assistant Dean for Judicial Affairs and Mediation Services, may serve as a judicial advisor, administrative hearing officer, or advisor to a judicial hearing. This person is authorized to impose sanctions in all cases heard administratively.

10. "Shall," "should," and "will" are used in the imperative sense.

11. "May" is used in the permissive sense.

12. "Policy" is defined as the written regulations of the University as found in official University publications or other documents, but not limited to the Rights and Responsibilities booklet or the undergraduate and graduate catalogs.

13. "Complainant" is defined as Middle Tennessee State University or the person making a referral to the Assistant Dean of Student Life’s Office relevant to a person or group alleged to be in violation of the Middle Tennessee State University General Regulations on Student Conduct.

14. "Respondent" is defined as the student or group alleged in an official complaint filed with the assistant dean of Student Life to have violated the Middle Tennessee State University General Regulations on Student Conduct.

15. "Hearing officer" is defined as any University official designated to hear cases referred for administrative review.

RULES & REGULATIONS
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 for the rights of other members of the academic community, or which endangers property or persons on institution or institution-controlled property. Individual or organizational misconduct which is subject to disciplinary sanction shall include but not be limited to the following:

1. Conduct Dangerous to Others. Any conduct which constitutes a danger to any person’s health, safety, or personal well being, including physical abuse, verbal abuse, threats, intimidation, harassment, coercion or any other conduct which threatens or endangers the health or safety of any person.

2. Hazing. Hazing means 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:

a. Any unauthorized occupancy or entry of institution or institutionally controlled facilities or blockage of access to or from such facilities.

b. 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 facility.

c. Any obstruction or delay of a campus security officer, fireman, or any institution official in the performance of his or her duty.

5. Misuse of or Damage to Property. Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, or unauthorized use of property belonging to the institution including, but not limited to, fire equipment, elevators, telephones, institution keys, library materials, and/or safety devices; and any such act against a member of the institution community or a guest of the institution.

6. Theft, Misappropriation, or Unauthorized Sale. Any act of theft, misappropriation, or unauthorized possession or 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 to any University official acting in the performance of his/her duties, 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 could 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. Public Intoxication. Appearing on University-owned or controlled property or at a University-sponsored event while under the influence of a controlled substance or any other intoxicating substance.

11. Alcoholic Beverages. The use and/or possession of alcoholic beverages on University-owned or controlled property.

12. Drugs. The possession, use, or manufacture of any drug or controlled substance (including any stimulant, depressant, narcotic, or hallucinogenic drug or substance, or marijuana), or sale or distribution of any such drug or controlled substance, except for medications prescribed by a physician and in the possession of the student or other person for whom the prescription was written, or medications which have been legally obtained, such as use of over-the-counter drugs.

13. Drug Paraphernalia. The use or possession of equipment, products, or material which is used or intended for use in manufacturing, growing, using, or distributing any drug or controlled substance.

14. Gambling. Gambling in any form.

15. 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.

16. Abuse of the Judicial System:

a. falsification, distortion, or misrepresentation of information to the judicial officer or judicial body;

b. disruption or interference with the orderly conduct of a judicial proceeding;

c. knowingly making a false allegation or filing a false complaint;

d. any attempt to influence the impartiality of a member of a judicial body;

e. verbal or physical harassment or intimidation of a judicial board member, complainant, or witness in a judicial proceeding; and,

f. failure to comply with the sanctions imposed by a judicial board or judicial coordinator.

17. Failure to Comply with Directions of Institutional Officials. Failure to comply with directions of institutional officials acting in the performance of their duties.

18. Academic Misconduct. Plagiarism, cheating, fabrication, or facilitating any such act. For purposes of this section, the following definitions apply:

(1) Plagiarism. The adoption or reproduction of ideas, words, statements, images, or works of another person as one’s own without proper acknowledgment.

(2) Cheating. Using or attempting to use unauthorized materials, information, or study aids in any academic exercise. The term academic exercise includes all forms of work submitted for credit or hours.

(3) Fabrication. Unauthorized falsification or invention of any information or citation in an academic exercise.

(4) Facilitation. Helping or attempting to help another to violate a provision of the institutional code of academic misconduct.

19. Sexual Battery or Rape. Committing any act of sexual battery or rape as defined by state law.

20. 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.

21. Attempts and Aiding and Abetting the Commission of Offenses. Any attempt to commit any of the offenses listed under this section, or the aiding and abetting of the commission of any of the offenses listed under this section (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 in this section will be considered aiding and abetting. Students who participate or observe an offense should remove themselves from the situation and are strongly encouraged to report the offense.

22. Violations of State or Federal Laws. Any violation of state or federal laws or regulations prescribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference.

23. Advertisement Flyers and Brochures. Distribution or placement of advertising flyers and related literature onto parked vehicles on campus except if (1) the vehicle is owned by the person distributing the flyers or (2) the person distributing the flyers has the express consent of the vehicle owner to place the material on the vehicle.

24. Duplication or Unauthorized Possession of Keys. Making, causing to be made, or possessing any key for a University facility without proper authorization.

25. Fire Drills. Failure to evacuate University facilities or willfully disregarding any emergency or fire alarm signal.

26. Litter. Dispersing litter in any form onto the grounds or facilities of the campus.

27. Motor Vehicles. (1) Failure to register a motor vehicle which is used on campus with Parking and Transportation Services. (2) Failure to comply with the provisions of the Middle Tennessee State University Parking and Traffic Regulations.

28. Pornography. Public display of literature, films, pictures, or other material which an average person applying contemporary community standards would find, (1) taken as a whole, appeals to the prurient interest, (2) depicts or describes sexual conduct in a patently offensive way, and (3) taken as a whole, lacks serious literary, artistic, political, or scientific value.

29. Sirens and Loudspeakers. Unauthorized use of sirens, loudspeakers, and other sound amplification equipment.

30. Student Identification Cards. (1) Failure to possess at all times a valid student identification card; (2) failure to surrender ID card to University official upon proper request.

31. Sexual Misconduct. Sexual misconduct may include any sexual act or penetration which is accompanied by threat, coercion, use of restraint or force, or any act where respondent knows, or should have known, that the victim was unable or incapable of giving consent.

32. Graffiti. Damage or defacement of MTSU property by painting, chalking, writing, stenciling, or by any other means of application on such property.

33. Abuse of Computer Resources and Facilities. Misusing and/ or abusing campus resources including but not limited to the following:

a. Use of another person’s identification and/or password.

b. Use of University resources and facilities to violate copyright laws

c. Unauthorized access to a file including but not limited to altering, using, reading, copying, or deleting the file

d. Unauthorized transfer of a file

e. Use of computing resources and facilities to send abusive or obscene correspondence and/or interference with normal operation of the University computing system

f. Use of computing resources and facilities to interfere with the work of another student, faculty member, or University official g. Violation of any published Information Technology Resources policy

34. Unauthorized Access to Institutional Facilities and/or Grounds. Any access and/or occupancy of institutional facilities and grounds is prohibited including but not limited to gaining access to facilities and grounds that are closed to the public, being present in areas of campus that are open to limited guests only, being present in academic buildings after hours without permission, and being present in buildings when the student has no legitimate reason to be present.

35. Providing False Information to a University Official. Giving false information to any University official acting in the performance of his/her duties or withholding of necessary information in connection with a student’s admission, enrollment, or status at the institution.

36. Unauthorized Surveillance. Making unauthorized video or photographic images of a person in a location in which that person has a reasonable expectation of privacy. This includes but is not limited to taking video or photographic images in shower/locker rooms, residence hall rooms, and men’s or women’s restrooms and storing, sharing, and/or distributing such unauthorized images by any means.



 

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