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UTC policies regarding power-based violence are largely addressed in the Student Handbook. For additional questions, contact the Dean of Students (423-425-4761).


Student Standards of Conduct Pertaining to Power-based Violence

Below are standards that may be violated during acts of power-based violence. The charges brought against an accused student are dependent upon each individual incident and may include additional standards not listed below or none of the standards listed below.

(4) Forging, altering, destroying, falsifying, or misusing records, identification, or documents, whether in print or electronic form.

(5) Causing physical harm to any person (including oneself); endangering the health or safety of any person (including oneself); engaging in conduct that causes a reasonable person to fear harm to his/her health or safety; or making an oral or written statement (including electronically) that an objectively reasonable person 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, although the speaker need not mean to carry out the act of unlawful violence in order to constitute a violation of this rule.

(6) Harassment, which is defined as unwelcome conduct that is so severe or pervasive, and objectively offensive, that it substantially interferes with the ability of a person to work, learn, live, or participate in or benefit from the services, activities, or privileges provided by the University. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution (e.g., mere insulting or offensive speech).

(7) Sexual assault or misconduct. “Sexual assault” is defined as any sexual act or attempt to engage in any sexual act with another person with the consent of the other person, or in circumstances in which the person is unable to give consent due to age, disability, or an alcohol/chemical or other impairment. “Sexual misconduct” is defined as any intimate touching of another person, or forcing a person to engage in intimate touching of another, without the consent of the other person, or in circumstances in which the person is unable to give consent due to age, disability, or an alcohol/chemical or other impairment. It is the responsibility of the person initiating sexual activity to ensure the other person is capable of consenting to that activity. Consent is given by an affirmative verbal response or acts that are unmistakable in their meaning. Consent to one form of sexual activity does not mean consent is given to another type of sexual activity.

(8) Invasion of another person’s privacy when that person has a reasonable expectation of privacy, including, but not limited to, using electronic or other means to make a video or photographic record of any person in a location in which the person has a reasonable expectation of privacy, without the person’s knowledge or consent. This includes, but is not limited to, making a video or photographic record of a person in shower/locker rooms or restrooms. The storing, sharing, and/or distributing of such unauthorized recordings by any means is also prohibited.

(9) Theft, misappropriation, unauthorized possession, or unauthorized sale of private or public property, including but not limited to University-controlled property.

(10) Vandalizing, destroying, damaging, engaging in conduct that reasonably could cause damage to, or misusing private or public property, including but not limited to University-controlled property.

(12) Engaging in disorderly, lewd, indecent, or obscene conduct. “Disorderly” conduct means fighting or other physically violent or threatening conduct; creating a hazardous or physically offensive condition by any act that serves no legitimate purpose; making noise that could unreasonably disturb others who are carrying on lawful activities; or conduct that breaches the peace. “Lewd, indecent, or obscene” conductnincludes, but is not limited to, public exposure of one’s sexual organs, public urinating, and public sexual acts.

(16) Theft, misuse, or unauthorized use of information technology facilities, resources, or access codes, including, but not limited to: unauthorized entry into or transfer of a file; using another person’s identification and/or password without that person’s consent; using information technology facilities or resources to interfere with the work of another student, faculty member, staff member, or other member of the University community; using information technology facilities or resources to interfere with normal operation of a University information technology system or network; circumventing University information technology system or network security; using information technology facilities or resources in violation of copyright laws; falsifying an e-mail header; and conduct that violates the University’s policy on the Acceptable Use of Information Technology Resources.

(17) Possessing, using, storing, or manufacturing any weapon or any facsimile of a weapon on University-controlled property or in connection with a University-affiliated activity, unless authorized in writing by the Chief of Police or his/her designee.

(20) Providing an alcoholic beverage to a person younger than twenty-one (21) years of age, unless permitted by law.

(28) Committing an act that is prohibited by local, state, or federal law.(29)Attempting to commit a violation of a Standard of Conduct orbeing an accessory to the commission of an act or attempted act in violationof a Standard of Conduct.


 

No Contact Directive

In cases involving allegations of assault, injury, sexual abuse, harassment, or where there is reason to believe continued contact between a student/student organization and specific persons, including complainants and witnesses, may interfere with those persons’ security, safety or ability to participate effectively in work or studies, the Vice Chancellor for Student Development, or his/her designee, may require that the student/student organization not have verbal, physical, or written contact with specific persons for a definite or indefinite period of time. The student/student organization will receive notice of the no contact directive. Any student, faculty or staff member or other person with a reasonable justification may request a no contact directive. In addition to an internal University no contact directive, complainants are advised that other similar options exist and can be obtained from law enforcement and civil and criminal courts.


 

Special Procedures for Hearings Addressing Sexual Assault

In a case involving a complaint against another student of sexual assault or misconduct, the alleged victim shall have the right to:

  1. Notice concerning the process by which the university will handle the complaint and an opportunity to ask questions about the process;
  2. A prompt, thorough , and impartial investigation of the complaint;
  3. The same opportunity as the accused student to present his/ her explanation of the facts during the university’s investigation;
  4. Have the investigation of the complaint concluded within sixty (60) days of the university’s receipt of a complaint, unless circumstances make it impracticable for the university to complete its investigation within that timeframe;
  5. Notice of the outcome of the university’s investigation;
  6. Have a disciplinary hearing conducted within thirty (30) days of a university charge that the accused student committed sexual assault or misconduct, unless circumstances make it impracticable for the university to conduct a hearing within that timeframe;
  7. Notice of the date, time, and location of the disciplinary hearing, the right to have the disciplinary hearing closed to the public, and the right to request rescheduling of the hearing for good cause;
  8. The same access as the accused student to any information or documents that will be used by the university during the disciplinary hearing, unless prohibited by law;
  9. Challenge the seating of any disciplinary board member for good cause, which will be determined at the discretion of the chairperson of the hearing board, or, if the seating of the chairperson is challenged, then at the discretion of the majority of the hearing board;
  10. Be accompanied by a person, other than a Student Judicial Advisor, of his/ her choosing during the university’s investigation or a disciplinary hearing, but the person shall not be permitted to speak for the victim during a disciplinary hearing;
  11. The same opportunity as the accused student to be present during the hearing, present witnesses and other evidence through a Student Judicial Advisor, challenge the admissibility of evidence through a Student Judicial Advisor, and cross-examine adverse witnesses through a Student Judicial Advisor during the disciplinary hearing;
  12. Testify or remain silent in a hearing at his/her option;
  13. Not to be questioned directly by the accused student during the disciplinary hearing;
  14. Submit a written impact statement to the Student Disciplinary Board for consideration of the sanctioning phase of the disciplinary hearing, if the student is found guilty of the charges against him/her, or to the Office of Student Judicial Affairs for consideration during the sanctioning phase of the administrative hearing, if accused student pleads guilty to the charges against him/her;
  15. Notice of the decision of the Student Disciplinary Board or the outcome of an administrative hearing within three (3) business days of the hearing; and
  16. Appeal the decision of a university disciplinary board in accordance with university procedures. 

Standards of Conduct for University Employees

Federal regulations define sexual harassment in employment to include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that individual; or (3) such conduct has the purpose or effort of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. For more information, please refer to the complete policy: UTHR 0280.

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