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POLICY STATEMENT #104

THE CODE OF STUDENT RESPONSIBILITY

As amended effective April 10, 2006

The UNC Charlotte Code of Student Responsibility exercises the duty of the Chancellor to regulate matters of student discipline in the University community. It was approved, as amended, by the Chancellor on May 22, 2003, after consultation with appropriate representatives of the student government.

The UNC Charlotte Code of Student Academic Integrity governs student behavior relating to academic work. All UNC Charlotte students are expected to be familiar with both Codes and to conduct themselves in accord with these requirements.

All student inquiries concerning these documents should be directed initially to the Associate Dean of Students for Judicial Programs in the Office of the Dean of Students. The current version of either document, which may be revised from time to time, shall be available from the Office of the Dean of Students or online at http://www.legal.uncc.edu/policies/ps-104.html (Code of Student Responsibility) and http://www.legal.uncc.edu/policies/ps-105.html (Code of Student Academic Integrity).

Special Note: Any student needing assistance because of a disability may contact the Office of Disability Services at 687-4355.


Table of Contents
Purpose (Section 1)
Authority; Delegation; Exclusive Coverage (Section 2)
Jurisdiction; Interpretation of Regulations (Section 3)
Inherent Authority (Section 4)
Student Participation (Section 5)
Standards of Due Process (Sections 6-7)
Violations of Law and Disciplinary Regulations (Section 8)
Definitions (Section 9)
Conduct Rules and Regulations (Section 10)
Student Groups and Organizations (Sections 11-14)
Individual Sanctions (Sections 15-17)
Group or Organization Sanctions (Section 18)
Interim Suspension (Sections 19-20)
Case Referrals (Section 21)
Mutual Settlement and Waiver of Hearing (Section 22)
Notification of Hearing
(Section 23)
Hearing Panels (Sections 24-25)
Hearing Procedures (Section 26)
Appeals (Section 27)
Deferral of Sanctions (Section 28)
Disciplinary Files and Records (Sections 29-33)
Directory of Related Student Affairs Numbers



Purpose

1.     The primary purposes for the imposition of discipline in the University setting are to protect the campus community and to maintain an environment conducive to learning. Consistent with those purposes, efforts also will be made to foster the personal and social development of those students who are held accountable for violations of University regulations.

Authority; Delegation; Exclusive Coverage

2.     The Code of the University of North Carolina, Section 502 D(3), provides:

Subject to any policies or regulations of the Board of Governors or of the Board of Trustees, it shall be the duty of the chancellor to exercise full authority in the regulation of student affairs and student conduct and discipline.  In the discharge of this duty, delegation of such authority may be made by the chancellor to faculty committees and to administrative or other officers of the institution, or to agencies of student government, in such manner and to such extent as may by the chancellor be deemed necessary and expedient.  In the discharge of the chancellor’s duty with respect to matters of student discipline, it shall be the duty of the chancellor to secure to every student the right to due process.  Appeals from these disciplinary decisions are allowable only on the following grounds:

1) a violation of due process; or
2) a material deviation from Substantive and Procedural Standards adopted by the Board of Governors.

Where the sanction is suspension or expulsion, an appeal may be made to the Board of Trustees.  No appeal to the president is permitted.   When the sanction is expulsion, the final campus decision is appealable to the Board of Governors.

Jurisdiction; Interpretation of Regulations

3. Jurisdiction under this Code may be exercised with respect to an incident that occurs at any time between a student's application for initial enrollment and the granting of his or her degree or other termination of association with the University. Jurisdiction extends to any incident related to a student's application for admission or financial aid or otherwise related to his or her admission to the University. The Code applies only to those instances of student misconduct which are harmful to the appropriate interests of the University: (1) the opportunity of all members of the University community to attain educational objectives consistent with the policies and purposes of the University; (2) the protection of the health, safety, welfare, and property of all persons in the University community; and (3) the protection of the University's integrity and its property. Instances of student misconduct may be subject to this Code whether or not they occur on the campus or on other property under University control. The Vice Chancellor for Student Affairs shall determine whether an incident off campus affects university interests and thus falls within the scope of the Code of Student Responsibility.

Disciplinary regulations at the University are set forth in writing in order to give students general notice of prohibited conduct. The regulations should be read broadly and are not designed to define misconduct in exhaustive terms.

Inherent Authority

4.     The University reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. The Chancellor has delegated the Associate Dean of Students for Judicial Programs and the Dean of Students the authority to administer the student discipline program. The Associate Dean of Students for Judicial Programs may investigate a case as well as adjudicate or advise a hearing. The investigation by the Associate Dean of Students for Judicial Programs may be in conjunction with University Police and/or local police.

Student Participation

5.     Students are asked to assume positions of responsibility in the University judicial system so that they might contribute their skills and insights to the resolution of disciplinary cases. Final authority in disciplinary matters, however, is vested in the University administration, subject to policies or regulations of the Board of Trustees or the Board of Governors.

Standards of Due Process

6.     Any party charged with a violation of this Code is entitled to a hearing before a hearing panel composed of either Student Court Panel members, an Administrative Hearing Panel composed of faculty and/or staff, or a combination of members of the Administrative Hearing Panel and Student Court Panel, as specified in Sections 24 and 25 of this Code, except where the party and the University agree to settle the charge without a hearing, as provided in Section 22.

7.     The focus of inquiry in disciplinary proceedings shall be to determine whether the accused is or is not responsible for violating disciplinary regulations. Formal rules of evidence shall not be applicable, nor shall deviation from prescribed procedures necessarily invalidate a decision or proceeding, unless significant prejudice to an accused party or the University may result.

Violations of Law and Disciplinary Regulations

8.     This disciplinary Code differs from the criminal justice system in scope, purpose, procedure, and outcome, and it is not designed to replace state or federal criminal laws or procedures. Parties may be accountable to both civil authorities and to the University for acts that constitute violations of law and this Code. Any disciplinary action under this Code that results in a revocation of privileges of enrollment or continued attendance is intended to uphold and promote the purpose and principles of the Code, and is not a substitute for any penalties associated with criminal laws. Disciplinary action at the University will normally proceed during the pendency of criminal proceedings and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.

Definitions

9.     When used in this Code:

a.       Unless otherwise specified, the term "day" means any day except Saturday, Sunday, or any day when no University classes are held.

b.      The term "distribution" means sale or exchange for personal profit.

c.       The term "gambling" means operation of any "game of chance" or playing at or betting on any game of chance at which any money, property or other thing of value is bet, whether the same be in stake or not. A "game of chance" is any game or scheme in which receiving something of value depends on chance rather than skill.

d.      The term "group" means a number of persons associated with each other for a common purpose and who have not complied with Student Government formal requirements for registration.

e.       The terms "institution" and "University" mean The University of North Carolina at Charlotte.

f.        A “minor violation” is a violation of this Code for which the possible sanctions are other than suspension and expulsion.

g.       The term "organization" means a collection of persons who have complied with Student Government formal requirements for registration.

h.       The term “party” or “accused party” means a student or a group or organization, as defined herein, charged with a violation of this Code.

i.         The term "record on appeal" means the letter containing charges; the tape recording of the hearing; and all documents offered as evidence at the hearing; the written opinion of the Hearing Panel; and any decision of the Associate Dean of Students for Judicial Programs or designee.

j.        The term "responsible" means determined by University disciplinary procedures to be responsible for violating the Code of Student Responsibility.

k.      The term "separation of the student from the University" means that the student may not be present on University campus or property, attend or participate in classes, manipulate any web site or other material residing on the University’s web server, access University’s email services, enter or use any University service or facility, including residence, dining, recreation, leisure, library, or computer lab services or facilities, or participate in recognized University clubs or any University-sponsored program, activity, or related event.

l.         A “serious violation” is a violation of this Code for which the possible sanctions include suspension or expulsion.

m.     The term "sexual act" means sexual intercourse, cunnilingus, fellatio, or anilingus, or knowingly inserting an object or part of one's body into another's genital or anal opening.

n.       The term "sexual assault" means intentionally touching the sexual parts (breasts, genitals, or buttocks) of another or intentionally touching another with one's sexual parts, without that person's consent.

o.      The term "sexual harassment" means engaging in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when the employment or academic advancement of another is made contingent upon submission to such conduct, or when submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual, or when such conduct has the purpose or effect of interfering with the other's work or academic performance, or of creating an intimidating, hostile, or offensive working or academic environment.

p.      The term "sexual invasion" means knowingly engaging in a sexual act with another person without the other's consent.

q.      The term "sexual misconduct" means engaging in a sexual act or exposing the private parts of one's person in any public place in the presence of other persons.

r.        The term "student" refers to an individual who at the time of the incident is or has been enrolled in or has applied for admission to the institution at the undergraduate or graduate level on a full- or part-time basis, has a continuing relationship with UNC Charlotte, is an auditing student, or is participating in an educational program at or by the University or a group or organization as defined above.

s.       The term "University premises" means buildings or grounds owned, leased, operated, controlled, or supervised by The University of North Carolina at Charlotte.

t.        The term "weapon" means any object or substance used or attempted to be used to inflict a wound, cause injury, or incapacitate, including but not limited to, all firearms, pellet guns, switchblade knives, bowie knives, chemicals such as "Mace" or tear gas, any explosive agents, or any other “weapon” as that term is defined in NC General Statutes § 14-269.2.

u.       The terms "will" or "shall" are used in the imperative sense.

v.       A sexual invasion or sexual assault is committed "without consent" if it is inflicted through force or the threat of force upon a person who is unconscious or otherwise without the capacity to consent.

Conduct Rules and Regulations

10.     The following conduct, or an attempt to engage in the following conduct, is subject to disciplinary action [Note: Letters j, p, and u have been intentionally omitted for continuity in record-keeping.]:

a.     

  1. Inflicting physical injury upon a person;
  2. placing a person in fear of or at risk of imminent physical injury or danger;
  3. committing sexual invasion, sexual assault, or sexual misconduct, as those terms are defined herein;
  4. committing sexual harassment as defined herein;
  5. inflicting severe mental or emotional distress upon a person through a course of conduct involving repeated abuse or disparagement;
  6. engaging in "fighting words" harassment, as that term is defined in Policy Statement #95. The full text of Policy Statement #95 is available online or in the Office of the Dean of Students.  

b.     Using, possessing, or storing any weapon, dangerous chemical, or explosive without authorization.

c.     Initiating or causing to be initiated any false report, warning or threat of fire, explosion, or other emergency.

d.     Interfering with normal University activities including, but not limited to, teaching, studying, research, the expression of ideas, University administration, speeches and other public or private events, and fire, police or other emergency services. Acts prohibited by this rule include, but are not limited to, those acts prohibited in University Policy Statement #58, "Interference with University Operations," which prohibits student action taken "with intent to obstruct or disrupt any normal operation or function of the University," and Policy Statement #96, "Conduct at Speech Events," which prohibits certain disruptive activities at speech events on campus. Full texts of both policies are available online or in the Office of the Dean of Students.

e.     Knowingly violating the terms of any disciplinary sanction imposed in accordance with this Code.

f.     Possessing, consuming, or using any controlled substance or drug paraphernalia, or manufacturing, selling or delivering any controlled substance or possessing with intent to manufacture, sell or deliver, any controlled substance; huffing or sniffing any substance not intended for such use. Minimum penalties and certain other requirements apply where controlled substance offenses are at issue, pursuant to University Policy Statement #87, "Program to Prevent Use of Illegal Drugs and Alcohol Abuse." That Policy is available online or in the Office of the Dean of Students.

g.     Setting fires, or misusing or damaging fire safety equipment or elevators.

h.     Furnishing false information to the University; misrepresenting or concealing one's organizational affiliation(s) or sponsorship(s) for the purpose of enticing another person into joining or participating in a group or organization.

i.     Forgery, unauthorized alteration, or unauthorized use or misuse of any document or instrument of identification (ID); displaying or using an ID that is not one’s own or is fictitious, canceled, revoked, suspended, or altered; counterfeiting, loaning, or selling an ID to another person not entitled thereto.

k.     Theft or attempted theft of property or services, the unauthorized use or access to private or confidential information in any medium, possessing stolen property; or possessing property that is not your own without owner authorization.

l.     Destroying or damaging the property of others or University property.

m. Failing to comply with the reasonable directions of University officials, including but not limited to campus police officers or Residence Life Staff, acting in performance of their duties.

n.     Violating published University regulations or policies, as approved by the Vice Chancellor for Student Affairs. Such regulations or policies include but are not limited to all Housing and Residence Life policies and the residence hall contract, as well as regulations relating to entry and use of University facilities, use of vehicles and amplifying equipment, campus demonstrations, and misuse of identification cards.

o.     Possessing, consuming, or distributing alcoholic beverages without University authorization, including but not limited to:

1.       operating a motor vehicle under the influence alcohol or while impaired by the consumption of alcohol;
2.       possessing or consuming alcoholic beverages by students below the legal minimum age;
3.       displaying or consumption of alcoholic beverages in campus residences by students less than twenty-one years of age;
4.       furnishing, or selling any alcoholic beverages to any person not of sufficient legal age to possess or consume such alcoholic beverage;
5.       failing to abide by the provisions of an "Acknowledgment of Responsibility for Service of Alcoholic Beverages" form; or
6.       making any sale of any alcoholic beverage on the University campus.
(The full text of University Policy Statement #57, "Alcoholic Beverages," is available online or in the Office of the Dean of Students.)

q.     Being present in or using University premises, facilities, or property without University authorization.

r.     Using or possessing fireworks on University premises or at University activities without University authorization.

s.     Engaging in conduct that disrupts or interferes with the normal functions of a class, including use of cell phones or other electronic devices for voice or text communication, unless permitted by the instructor, or engaging in disorderly conduct such as fighting, threatening behavior, public disturbance, or drunk and disorderly conduct. Disorderly conduct also includes any unauthorized use of electronic or other devices to make an audio or video record of any person while on University premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.

t.     Violation of Policy Statement #83, "Hazing." That Policy is available online or in the Office of the Dean of Students.

v.     Engaging in computer abuse, including but not limited to violation of:

  1. Policy Statement #8, “World Wide Web,”
  2. Policy Statement #10, “Network Security,”
  3. Policy Statement #20, “Electronic Communication Systems,”
  4. Policy Statement #66, "Responsible Use of University Computing and Electronic Communication Resources,"
  5. Policy Statement #67, "Proprietary Software,"
  6. Policy Statement #102, “Data and Information Security,”
  7. Peer-to-Peer File Sharing Regulation,
  8. Regulation on Security of Electronic Individually Identifiable Health Care Information under HIPAA,
  9. Regulations on Information Systems Security, or
  10. Regulations on the Use of Social Security Numbers.

w.     Gambling for money or other things of value except as allowed by law. Prohibited gambling includes, but is not limited to, betting on, wagering on, or selling pools on any University athletic event; possessing any card, book, or other device for registering bets, or bookmaking in connection with betting.

Student Groups and Organizations

11.    Student groups and organizations may be charged with violations of this Code without regard to whether members of such groups or organizations are individually charged with violations arising from the same occurrences.

12.     A student group or organization and its officers, leaders, or any identifiable spokespersons may be held collectively or individually responsible when violations of this Code by those associated with the group or organization have received the tacit or overt consent or encouragement of the group or organization or of the group's or organization's leaders, officers, or spokespersons.

13.     The officers or leaders or any identifiable spokespersons for a student group or organization may be directed by the Vice Chancellor for Student Affairs or a designee to take appropriate action designed to prevent or end violations of this Code by the group or organization or by any persons associated with the group or organization who can reasonably be said to be acting in the group's or organization's behalf. Failure to make reasonable efforts to comply with the Vice Chancellor's directive shall be considered a violation of Section 10(m) of this Code both by the officers, leaders, or spokespersons for the group or organization and by the group or organization itself.

14.     Groups and organizations may be held accountable collectively if any of these situations apply: An alleged violation was committed by one or more members of a group or organization; an alleged violation was committed by one or more members of a group or organization and funds were used to finance the function; an alleged violation occurred as a result of a group or organization sponsored function.

Individual Sanctions

15.     One or more of the following sanctions may be imposed upon a student for violation of disciplinary regulations. All sanctions require review by and approval of the Associate Dean of Students for Judicial Programs or the Dean of Students, and may be altered, deferred, or suspended.

a.     DISCIPLINARY REPRIMAND: Formal notice from the Associate Dean of Students for Judicial Programs or a designee indicating that further misconduct may result in a more severe disciplinary action. A copy of the reprimand becomes a part of the student's disciplinary file.

b.    DEFINITE DISCIPLINARY PROBATION: A status in which a student is deemed not to be in good disciplinary standing with the University for a definite period of duration not less than the remainder of the semester. In the event a student on disciplinary probation is found responsible for a violation of any University rule or regulation, suspension or expulsion from the University could result. Conditions restricting a student's participation in campus activities may be imposed. The probationary status becomes part of the student's disciplinary file.

c.   INDEFINITE DISCIPLINARY PROBATION:  A status in which a student is deemed not to be in good disciplinary standing with the University for an indefinite period of duration.  In the event a student on disciplinary probation is found responsible for a violation of any University rule or regulation, suspension or expulsion from the University could result. Conditions restricting a student's participation in campus activities may be imposed. Indefinite probation remains in effect until the student successfully petitions the Associate Dean of Students for Judicial Programs for reinstatement to good standing. The probationary status becomes part of the student's disciplinary file.

d.     REMOVAL FROM UNIVERSITY HOUSING: Loss of the privilege of living in campus housing. Removal may be for a fixed period of time (but not less than the remainder of the semester), or for an indefinite period. If for an indefinite period, the student may petition the Associate Dean of Students for Judicial Programs or a designee for restoration of the right not sooner than one calendar year after the Associate Dean of Students for Judicial Programs has approved the removal.

e.     DEFINITE SUSPENSION: Separation of the student from the University for a fixed period of not less than the remainder of the semester in which the suspension is imposed. Violation of the terms of a definite suspension may subject the student to additional sanctions pursuant to Sections 10(e) and (q) above. Suspension for violation of Section 10(v) above may include suspension of access to University computing and electronic communication resources. Notification of the suspension will appear on the student's academic transcript and will remain until the end of the suspension period. The student may reapply for admission to the University but may be readmitted to the University only after the suspension period has ended.

f.     INDEFINITE SUSPENSION: Separation of the student from the University for a minimum of one calendar year after the Associate Dean of Students for Judicial Programs has approved the suspension and thereafter until the student successfully petitions the Associate Dean of Students for Judicial Programs in writing for reinstatement to good standing. Violation of the terms of an indefinite suspension may subject the student to additional sanctions pursuant to Sections 10(e) and (q) above. Notification of the disciplinary suspension will appear on the student's academic transcript until the date the student is reinstated to good standing. If the Associate Dean of Students for Judicial Programs grants reinstatement, the student may reapply for admission to the University.

g.     EXPULSION: Expulsion is a permanent separation of the student from the University. Expulsion for violation of Section 10(v) above includes removal of access to University computing and electronic communication resources. Violation of the terms of expulsion may subject the student to arrest. The student may petition the Chancellor in writing for the expulsion to be rescinded, but not earlier than two years after the date on which the expulsion takes effect. A student who has been expelled from one constituent institution of The University of North Carolina system may not be admitted to another UNC System institution until the sanction of expulsion has been rescinded by the institution that imposed the sanction. Notification will appear on the student's academic transcript. The student will be given a notice of trespass with respect to University premises.

h.     POST-ENROLLMENT SANCTIONS: A student who is found responsible for violating the Code but who withdraws or graduates from UNC Charlotte before imposition of a sanction is subject to (1) temporary withdrawal or permanent revocation of any degree awarded, or (2) having the sanction imposed as a condition of re-enrollment at the University, or both.

i.     ADDITIONAL SANCTIONS: The following sanctions may be imposed in addition to those listed in parts a-g above.

1.       Restitution for loss incurred by an individual or the University as a result of the student's disciplinary violation.
2.       Exclusion for a definite or indefinite period from all or a portion of any University premises, property, building(s) or residence area(s), as specified in a sanction.
3.       Loss of automobile privileges on University property.
4.       A fine not to exceed $100.
5.       Community service and/or participation in educational programs.
6.       Restitution for expenses incurred by individuals or the University as a result of providing educational programs or other educational experiences related to the violation(s).

16.     Violation of any section of this Code may result in expulsion or suspension from the University. Factors that may affect the severity of the sanction(s) may include the present demeanor and past disciplinary record of the student, the nature of the incident, the severity of any damage, injury, or harm resulting from the incident, and whether the incident was motivated by bias based on actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability.

17.     Attempts to commit acts prohibited by this Code shall be punished to the same extent as completed violations.

Group or Organization Sanctions

18.     One or more of the following sanctions may be imposed on a group or organization responsible for violation of disciplinary regulations. All sanctions require review and approval of the Associate Dean of Students for Judicial Programs or a designee and may be altered, deferred, or suspended.

a.          REPRIMAND is an official written notice of misconduct. Repetition of violations that result in reprimand of the group or organization within a period of two years shall automatically carry Registration Probation as a minimum sanction.

b.          REGISTRATION PROBATION is given for a specific period of time. Further violations of the Code during the probationary period may result in registration revocation or suspension. The organization may seek and add members during this probationary period and may host other activities unless otherwise specified.

c.          REGISTRATION SUSPENSION is the temporary removal of University recognition for a definite period of time. While under suspension, the organization may continue to occupy or hold property but may not seek or add members, hold or sponsor events in the University community, or sponsor or attend any events that are social in nature. 

d.          REGISTRATION REVOCATION is the permanent removal of University recognition for a group or organization. Registration revocation means that the organization may not function at the University, participate in University programs, or utilize University facilities or services. Registration revocation may be recommended by the Hearing Panel but can be imposed only by the Chancellor, following the review and approval of the Associate Dean of Students for Judicial Programs.

e.          ADDITIONAL GROUP OR ORGANIZATION SANCTIONS. In addition to the above, any one or more of the following may be imposed:

  1. Exclusion from intramural competition;
  2. Restitution of loss to University or person;
  3. Denial of use of University facilities for meetings or activities;
  4. Suspension for rushing, recruiting, or intake process;
  5. Loss of social privileges for no less than one month. The group or organization may not sponsor any activity, party, or function that is social in nature during the time parameters established;
  6. Restitution for expenses incurred by individuals or the University as a result of providing educational programs or other educational experiences related to the violation(s); or
  7. Any other appropriate group or organization sanction as determined by the Hearing Panel.

Interim Suspension

19.     When the University determines that the continued presence of a student on the University campus or in University housing poses a substantial threat to himself or herself, to others, or to the stability and continuance of normal University functions, the Vice Chancellor for Student Affairs or a designee may suspend the student for an interim period. A student who persists in disrupting a particular class in violation of Section 10(s) above after a warning by the instructor may, in the discretion of the Vice Chancellor or designee, and provided other normal University functions are not at risk, be suspended from the class only, for an interim period. An interim suspension becomes effective immediately without prior notice. The Vice Chancellor or designee may terminate the suspension at any time prior to the outcome of disciplinary proceedings.

20.     A student suspended on an interim basis shall be given an opportunity to appear personally before the Vice Chancellor for Student Affairs or a designee within five (5) days (as defined in Section 9(a) above) from the effective date of the interim suspension. A hearing shall then be held on the following issues only:

  1. The reliability of the information concerning the student's conduct, including the matter of his or her identity; and
  2. Whether the conduct in the surrounding circumstances reasonably indicates that the continued presence of the student on the University campus, in the residence halls, or in the classroom poses a substantial threat to himself or herself, or to others, or to the stability and continuance of normal University functions, or to the normal conduct of the class.

As a condition for termination of interim suspension and prior to the outcome of disciplinary proceedings, the Vice Chancellor for Student Affairs may require that the student consent to completion of a medical or psychological evaluation to be arranged by the University.

Case Referrals

21.     Any student, faculty member, University employee, or University administrator may refer a student or a student group or organization suspected of violating this Code to the Office of the Dean of Students. The referral must be in writing and must include factual information supporting the allegation.  A person making such a referral will normally be expected to appear before the Hearing Panel as a witness. Referrals should be made as soon as possible after the alleged incident. Anonymous referrals are not permitted.

Based on such a referral, the Associate Dean of Students for Judicial Programs will determine whether a charge shall be pursued and whether that charge is for a “minor violation” or a “serious violation,” based on the party’s prior record or facts and circumstances related to the case.  This determination should be made within thirty (30) days after the initiation of the referral; however, a reasonable extension of this time limit is permissible.  If the Associate Dean of Students for Judicial Programs determines that a charge should be pursued, he or she shall schedule a hearing as set forth in Section 22 below.

Mutual Settlement and Waiver of Hearing

22.     At any time up to two (2) days before the hearing, the Associate Dean of Students for Judicial Programs or a designee may offer or accept mutual settlements and a waiver of hearing for any violation(s) under this Code. Students agreeing to a mutual settlement and waiver of a hearing must accept responsibility for the violation(s) and the sanction imposed by the Associate Dean of Students for Judicial Programs or designee. The Associate Dean of Students for Judicial Programs or a designee must determine that the acceptance of a mutual settlement and waiver of a hearing is voluntary and that the charge and sanction have factual support. The waiver and acceptance must be in writing and signed by the party and the Associate Dean of Students for Judicial Programs or designee. A mutual settlement and waiver of hearing may not be appealed.

Notification of Hearing

23.     Cases not settled shall proceed promptly to a hearing. The scheduling of hearings may be delayed at the discretion of the Associate Dean of Students for Judicial Programs during times of heavy case loads, if the charge occurs close to the end of an academic semester or term, or in the event of the reasonable need of either party for additional time to gather information for the hearing.

  1. Minor Violations.

    For minor violations, all charges shall be presented to the accused party in a written notice that will include the date of the hearing. The date of the hearing will not be fewer than five (5) days after receipt of written notice, unless the accused party waives the five-day preparation period in writing.

  2. Serious Violations.

    For serious violations, the notice of hearing shall specify the offense charged, the possible sanctions, and a brief recitation of the factual allegations supporting the charge. For all charged offenses that could result in expulsion, the notice must include this possibility and must specify that expulsion precludes matriculation at any UNC constituent institution. The date of the hearing will not be fewer than ten (10) days after receipt of written notice, unless the accused party waives the ten-day preparation period in writing.

Hearing Panels

24.     Hearing Panels for cases of student or group or organization misconduct under these regulations will be composed of three panel members from the Student Court, except as noted in Section 25 below. Hearing Panel members shall hold office in accord with applicable University policy. 

A Hearing Panel member who has a conflict with, bias about, or interest in the case should recuse himself or herself.  If the Hearing Panel member refuses to recuse himself or herself, the Associate Dean of Students for Judicial Programs shall make the decision about whether to remove that person from the panel.

25.     In lieu of a panel of students from the Student Court, an Administrative Hearing Panel consisting of three University administrators or faculty members, or consisting of one or more University administrators or faculty members and one or more Student Court Panel members, will be convened by the Associate Dean of Students for Judicial Programs to hear cases of alleged misconduct when:

  1. the Associate Dean of Students for Judicial Programs concludes that the case arises at a time when student panel members are unavailable (for example, during holidays, semester breaks, or the summer months), or
  2. there is clear and convincing evidence that an accused party may not receive a fair hearing from the Student Court, or
  3. a backlog of cases has developed, and Administrative Hearing panels in addition to Student Court panels are necessary to assure prompt resolution of cases, or
  4. an accused party or a witness to the incident requests an Administrative Hearing Panel from the Associate Dean of Students for Judicial Programs, or
  5. there is any other circumstance in which the Dean of Students or the Associate Dean of Students for Judicial Programs deems such a panel to be appropriate.

Hearing Procedures

26.     The following procedural guidelines shall be applicable in disciplinary hearings conducted by the Student Court or an Administrative Hearing Panel.

a.          Notice of Hearing.

The Associate Dean of Students for Judicial Programs or a designee shall prepare a letter to the accused party. The letter shall include a statement of the specific charges against the party; a brief description of the evidence upon which the charges are based; the date, time, and place for the hearing on the charges; the names of the panelists who will hear the case; notice of the right of reasonable access to the case file in the Office of the Student Attorney General or the Office of the Dean of Students; and a statement indicating that the accused party may seek assistance from the Student Counsel Office in the preparation of his or her case for the hearing.

Notice shall be sufficient if by mail or hand delivery, or by telephone followed up by a letter confirming the telephone notice. All claims of failure to receive adequate notice are waived by the accused party if the accused party appears at the hearing and does not formally raise the issue of adequate notice at the first opportunity.

  1. Minor Violations.
    The accused party shall have no fewer than five (5) days' notice of the hearing. Notice is sufficient if the letter is mailed via first class, registered, or certified mail to the student's current address as shown in the Student Information System on the date of mailing, not later than the sixth day before the date scheduled for the hearing.
  2. Serious Violations.
    The accused party shall have no fewer than ten (10) days’ notice of the hearing. Notice is sufficient if the letter is mailed via first class, registered, or certified mail to the student's current address as shown in the Student Information System on the date of mailing, not later than the eleventh day before the date scheduled for the hearing on a serious violation.

b.          Group or Organization Representation.

In a hearing in which a group or organization is the accused party, the president or equivalent officer of the group or organization shall represent the group or organization unless he or she petitions the panel to substitute another student representative to represent the group or organization at the hearing.

c.          Witnesses and Evidence.

  1. The Associate Dean of Students or a designee who notifies the accused party of the charges against the party may serve as a witness for the University in a hearing on those charges.
  2. The accused party shall be given the opportunity to present any witness or documentary evidence that he or she wishes to offer, provided that, in the discretion of the Chair of the Hearing Panel, the evidence is relevant to the charge or other evidence presented and does not otherwise infringe the rights of other students. The accused party shall also be accorded an opportunity to question those witnesses who testify at the proceedings and to examine any documents offered as evidence.
  3. Prior to a hearing on a serious violation, the accused party, upon request to the Associate Dean of Students for Judicial Programs or designee, must be given the opportunity to review any written evidence that will be used at the hearing and to obtain a list of witnesses.
  4. The accused party and witness(es) to the incident may seek the assistance of the Student Counsel Office and the Student Attorney General Office in obtaining attendance of University students or employees at the hearing. University students or employees called as witnesses are expected to attend the hearing unless compliance would result in significant and unavoidable personal hardships or substantial interference with normal University activities, and are expected to give truthful testimony. Furnishing untruthful testimony or failing to appear after an appropriate request may subject an employee or student to appropriate disciplinary action. Written statements in lieu of appearance shall not be admitted into evidence unless signed by the individual writing the statement and witnessed by a University employee or a person designated by the Associate Dean of Students for Judicial Programs.

d.          Compliance with Federal Law.

  1. Pursuant to the Campus Security Act, in cases of alleged sexual assault, the accuser and the accused are entitled to have the same opportunities to have others present during a disciplinary proceeding.
  2. Pursuant to FERPA, under specific circumstances the University may disclose the final results of any disciplinary proceeding against a student who is an alleged perpetrator of any crime of violence or non-forcible sex offense, but only as specifically set forth in Section II.B.10 of Policy Statement #69, Student Records.
  3. Pursuant to FERPA, charges against multiple parties involved in the same incident may be heard in a single case only if each party consents to such a proceeding either in writing or by not formally objecting at the hearing.

e.          Challenges of Hearing Panel Members