II-1 STUDENT STANDARDS OF CONDUCT
Students share in the responsibility for maintaining an environment in which the rights of each member of the UNCW community are respected. When asked to report to any university office, a student is expected to appear at the time specified or to arrange another appointment. The university conduct system is a cumulative process; consequently, any student found responsible for violating the UNCW Code of Student Life may expect a more significant sanction in relation to the severity of the offense(s) and/or in relation to being found responsible on multiple occasions. All students and their guests shall be responsible for conducting themselves in a manner that helps to enhance an environment of learning in which the rights, dignity, and freedom of each member of the academic community are respected.
In accordance with the Family Educational Rights and Privacy Act (FERPA), upon full participation in university orientation, an individual is considered a UNCW student in attendance and shall maintain that status unless an official university withdrawal is submitted. Students with pending academic or non-academic charges will not be allowed to formally withdraw from the university until the disciplinary process has been completed.
The University embraces and strives to uphold the freedoms of expression and speech guaranteed by the First Amendment of the U.S. Constitution and the North Carolina Constitution. The University has the right under appropriate circumstances to regulate time, place, and manner of exercising these and other constitutionally protected rights. Violations of campus or University policies, rules or regulations, or federal, state, or local law may result in violation of the UNCW Code of Student Life and imposition of student discipline.
All individuals who participate in a university conduct process are expected to be honest and forthcoming during their presentation of information and while answering any questions. If it is discovered that a student has not been completely honest during their testimony, the student may be charged with a violation of the UNCW Code of Student Life.
Additionally, harassment or intimidation of any individual before, during, or after a university conduct process will not be tolerated. Any student who exhibits such behavior before, during, or after a university conduct process may be charged with a violation of the UNCW Code of Student Life. Any non-student who exhibits such behavior will be removed from the area where the proceedings are being conducted.
Program-specific regulations and policies, including professional standards, may apply to students beyond those outlined in the UNCW Code of Student Life. Nothing in the Code prohibits academic programs from pursuing additional review and action related to their professional standards.
- OFF-CAMPUS RELATIONSHIP STATEMENT
The mission of the university is teaching, research and service. Inherent in this mission is the responsibility of the university to educate its students to be responsible, civic-minded citizens. As a university, we value our relationship with the surrounding community and realize we have a tremendous social, cultural and economic impact on the greater Wilmington community.
Policy setting and enforcement are ways of educating students. In fulfilling our responsibilities to hold students and student organizations accountable and provide a safe community, the university is guided by state and federal laws. Our students are citizens subject to the rights as well as the responsibilities of community living.
If individual students or student organizations are identified and cited by staff, faculty or other students for violating state or federal law and/or university policies off campus, they may be subject to the conduct process described herein and/or appropriate legal action.
If individual students are identified and reported by community members for breaking the law, the university supports appropriate law enforcement officials taking necessary judicial action. If students or student organizations are reported to university officials, the university may intervene on an informal basis. “Informal” intervention will involve individual student(s) or student organization leader(s) being referred to the dean of students/designee for discussion of the incident.
Off-campus behavior which impacts the mission or the safety of the university community may be subject to formal university disciplinary action.
- OFFENSES
Notwithstanding actions taken by civil authorities or private litigants, the vice chancellor for student affairs or their designee may initiate disciplinary proceedings as outlined in Section II-2 and/or Section V-9 against a student (respondent) or student organization that violates the UNCW Code of Student Life or other applicable rules, including the following:
- Damages, defaces, alters, destroys or misuses university property or property belonging to a member of the university community, a visitor to the campus, or any other public or private property.
- Takes, purchases or possesses university property and/or services or property of any other person without expressed permission or authority.
- Drugs
- Possesses/uses an illicit drug or narcotic.
- Manufactures, sells, delivers or possesses with the intent to manufacture, sell or deliver, any substance identified as a controlled substance by North Carolina General Statutes, Chapter 90, Article 5 (North Carolina Controlled Substances Act), or similar provisions of federal law.
- Possesses/uses drug paraphernalia.
- Drives while impaired attributable to the use of drugs.
- Is visibly overcome– exhibits behavior including but not limited to loss of bodily control or consciousness, requires physical or medical assistance, or otherwise is unable to care for themselves due in part or in whole to the consumption of any drug(s).
- Consumes, including huffing and/or sniffing, any substance not intended for such use.
- Firearms/Weapons/Explosives
- Possesses any firearm or weapon on university premises without authorization, except as otherwise explicitly allowed by law. Weapons include, but are not limited to: guns, rifles, pistols, bb guns, air rifles/pistols (including air soft guns), paintball guns, crossbows, arrows, fireworks, dynamite, bombs, grenades, mines, powerful explosives, bullets or ammunition cartridges, nun chucks, slingshots, leaded canes, blackjacks, metallic knuckles, martial arts weapons, throwing stars, axes, ice picks, dirks, daggers, swords, bowie knives, switchblade knives, butterfly knives, other knives with blades four or more inches in length, Tasers, and stun guns.
- Displays or brandishes a firearm or weapon of any kind, or any type that may be used or perceived as a firearm or weapon, in a manner that would create a fear of harm by others. While some objects are clearly dangerous, the manner in which an object is used may also subject it to being considered a weapon.
- Conducts themselves in a manner that endangers the health or safety of self or others.
- Fire/Fire Equipment
- Sets a fire in or on university property.
- Tampers with fire equipment, including but not limited to fire alarms, fire extinguishers, covering or altering smoke detectors, or other fire or emergency equipment.
- Engages in hazing. Hazing by university groups is prohibited on or off campus. 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.
- Inflicts or threatens bodily harm upon another, or acts in a manner which creates a risk/threat of bodily harm to another.
- Intentionally furnishes false information to a member of the faculty, staff or a student acting in an official capacity.
- 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.
- Fails to provide accurate and complete information on the undergraduate or graduate application to the university.
- 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.
- Alcohol Violations
- Underage possession/use – possesses or uses alcohol under the age of twenty-one (21).
- Illegal possession/use – possesses or uses alcohol where it is not legally permissible to do so, regardless of age.
- Drives while impaired or driving after consuming alcohol under the age of twenty-one (21).
- Provides alcohol to minors (any individual under the age of twenty-one).
- Is visibly overcome – exhibits behaviors including but not limited to loss of bodily control of consciousness, requires physical or medical assistance, or otherwise is unable to care for themselves due in part or in whole to the consumption of alcohol.
- Paraphernalia – possesses alcohol paraphernalia on university premises, including but not limited to, beer bongs and funnels, alcohol without liquid devices, kegs, beer balls, party balls and similar alcohol containers.
- Fails to abide by university policy on consumption and advertising of alcoholic beverages (see University Policy 05.303 and 05.304), including all applicable polices in the Campus Living Handbook & Policies.
- Conducts themselves in a manner which encourages or enables illegal activity and/or a violation of the UNCW Code of Student Life by failing to confront the behavior or by implicitly condoning the behavior by their presence during the activity.
- Disorderly Conduct
- Disrupts university-sponsored activities, including but not limited to intentionally disrupting, obstructing, or interfering with the teaching, research, co-curricular or other university-sponsored activities.
- Obscene conduct, not protected or privileged under the Constitution of the United States or the Constitution of North Carolina, including but not limited to lewd, indecent or obscene conduct.
- Rioting/raiding, including but not limited to rioting, inciting a riot, assembling a riot, raiding, inciting a raid, or assembling to raid operating units or university property.
- Leading or inciting others to disrupt scheduled and/or normal activities within any university building or premises.
- Obstructing the campus in way that reasonably interferes with freedom of movement or safe passage, either pedestrian or vehicular, on university premises.
- Engaging in conduct which disturbs the peace, order or discipline at the university or university-sponsored activity.
- Conduct that is sufficiently severe and/or pervasive which in turn creates an environment that a reasonable person would consider intimidating, hostile, or abusive.
- Harassment
In determining whether student conduct violates these provisions, all relevant facts and circumstances shall be considered. Care must be exercised in order to preserve freedoms of speech and expression, as articulated in current legal standards.
- No student shall threaten, coerce, harass, bully or intimidate another person or identifiable group of persons, in a manner that is unlawful or in violation of a constitutionally valid university policy, while on university premises or at university-sponsored activities based in whole or in part upon any of the protected statuses included in Section 103 of The Statuses include race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, or veteran status.
- No student shall engage in unlawful harassment leading to a hostile Unlawful harassment includes conduct that creates a hostile environment by meeting the following criteria:
- Directed toward a particular person or persons;
- Based in whole or in part upon any of the protected statuses included in Section 103 of The Code of the Board of Governors of The University of North Carolina;
- Unwelcome;
- Is so severe or pervasive and;
- Objectively offensive to create an intimidating, hostile or offensive working, learning or living environment; and
- So unreasonably interferes with the target person’s employment, academic pursuits, or participation in university-sponsored activities as to effectively deny equal access to the university’s resources and opportunities.
- Conducts themselves in a manner which may be in violation of any part of the UNCW Unlawful Discrimination, Harassment, and Sexual Misconduct Policy (see University Policy 02.205).
- Discriminates against another student through hostile environment harassment 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.
- Lends, sells, manufactures, possesses or otherwise transfers a student identification card or any other form of identification, including the use of a UNCW OneCard if not its original holder.
- Misuses university technology in violation of rules and regulations of Institutional Technology (see University Policy 07.100).
- Gains or attempts to gain entry to any university property without proper authorization or remains in any building or university property after normal closing hours, and/or possesses unauthorized keys or access codes/cards to university The duplication of a university key or sharing of university access codes/cards is prohibited.
- 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.
- Misuses university communication systems, including university phones and data lines, without consent of those responsible for their control, including but not limited to inappropriate use of a UNCW emergency callbox.
- Conducts themselves in a manner which may be in violation of any part of the Student Gender- Based/Sexual Misconduct Policy (see University Policy 04.130) or Title IX Grievance Policy (see University Policy 02.210).
- Conducts themselves in a manner which may be in violation of policies and procedures as stated in the UNCW Housing and Residence Life publication, Campus Living Handbook & Policies.
- Demonstrates and/or assembles in violation of North Carolina General Statutes.
- Conducts themselves in a manner which may be in violation of any North Carolina and/or Federal criminal law.
- Disrupts the Student Conduct Process
- Attempts to discourage an individual’s proper participation in, or use of, the campus conduct system.
- Attempts to influence the impartiality of the hearing officer, conduct board member or appeal administrator.
- Harasses and/or intimidates a hearing officer, conduct board member, appeal administrator, or witness prior to, during, and/or after a student conduct proceeding.
- Influences or attempts to influence another person to commit an abuse of the conduct system.
- IDENTIFICATION OF STUDENTS ON CAMPUS
In order to protect the safety and welfare of students and employees of the university and to protect the property of the university, all persons at events or on property under the jurisdiction of the university shall identify themselves to an appropriate institutional representative who has identified themselves. A person identifies themselves by giving their name and complete address, stating truthfully their relationship to the university to an appropriate university official and by presenting a valid identification card.
If any person refuses or fails upon request to present evidence of their identification and it reasonably appears that the person has no legitimate reason to be on the campus or in the facility, the person may be removed from the campus or facility and issued a trespass order.
II-2 INITIATION OF DISCIPLINARY PROCEEDINGS AND ADMINISTRATIVE DISPOSITION
Under the direction of the chancellor, the vice chancellor for student affairs has primary responsibility and authority for the administration of student conduct. Further delegation of this authority may be made by the vice chancellor for student affairs to the Office of the Dean of Students and to residence hall staff and/or other disciplinary bodies, such as Student Organizations Committee, Sport Club Council, Graduate Student Association, Panhellenic Council, National Pan- Hellenic Council and Interfraternity Council.
- DISCIPLINARY CORRESPONDENCE
All disciplinary correspondence will be sent to the student's UNCW e-mail address. The University of North Carolina Wilmington regards e-mail as an official method of communication with students, staff and faculty (UNCW Policy 07.100). The university reserves the right to use other reasonable means to notify students.
- FILING COMPLAINTS
Any academic or administrative official, faculty or staff member or student may file a written complaint with the Office of the Dean of Students against any student for misconduct. The complaint must include factual information supporting the allegation. Anonymous charges will not be permitted. While action on a complaint of violating a university regulation is pending, the status of the student shall not be altered except for reasons outlined in Section II-2-M.
- STANDARD OF PROOF
The standard of proof for all student conduct cases will be preponderance of evidence which means there is greater than a 50% likelihood the respondent is responsible for the alleged violation.
- PRELIMINARY INVESTIGATION, PRE-HEARING MEETING AND HEARING OPTIONS
When the dean of students/designee receives information that a student has allegedly violated university regulations or local, state or federal law, the dean/designee shall investigate the alleged violation. After completing a preliminary investigation, normally a determination of whether or not to pursue the charge will be made within 30 calendar days. Reasonable extensions of this time are permissible. The dean/designee may:
- Find no basis for the complaint and dismiss the allegation as unfounded, or
- Summon the respondent for a pre-hearing meeting. The pre-hearing meeting is designed to acclimate a respondent to the campus conduct process. It includes familiarizing a respondent with student rights as outlined in this Code and explaining the charge(s), hearing options, and options for consultation during the process.
- Proceed administratively by informing the respondent of the following options for resolution of the disciplinary charges during the pre-hearing meeting:
- Disagree to the charge(s) and have a hearing before Campus Conduct Board (CCB) where a determination of responsibility will be made. If the respondent is held responsible by CCB, an appropriate sanction will be determined.
- Disagree to the charge(s) and request an administrative hearing before the dean of students/designee where determination of responsibility will be made. The dean/designee may elect not to hear the The case would then be heard by CCB. If the respondent is held responsible by the administrative hearing officer, an appropriate sanction will be determined.
- Agree to the charge(s) and elect for CCB to determine an appropriate
- Agree to the charge(s) and elect for an administrative hearing before the dean of students/designee to determine an appropriate sanction. The dean/designee may elect not to hear the The case would then be heard by CCB or the Committee on Extraordinary Disciplinary Emergencies (CEDE).
- SUMMONING A STUDENT RESPONDENT FOR A CONFERENCE
The dean of students/designee may formally summon the respondent to appear for a pre-hearing meeting in connection with an alleged violation by sending the respondent notification (pursuant to Section II-2-A). This notification shall direct the respondent to appear at a specified date, time and place not less than two (2) business days after the incident in question. The notification shall also list the alleged violation(s) found within the Code of Student Life (pursuant to Section II-2-B).
If the respondent fails to respond to the notification calling for the formal summons to appear for a pre-hearing meeting, the respondent forfeits the option to request whether the case is heard administratively or by the CCB. The respondent will be notified by e-mail sent no less than five (5) business days prior to a hearing before the dean of students/designee or, at the option of the dean of students/designee, the CCB.
At the hearing, a decision of responsible or not responsible will be made based on available information, with or without the respondent. If the respondent fails to attend the hearing, all allegations against the respondent shall be deemed to be denied. When appropriate, a sanction will be determined and the respondent will be notified by e-mail.
- STUDENT RESPONSIBILITIES
Participants in the student conduct process have the following responsibilities:
- To know and adhere to the UNCW Code of Student Life.
- To be honest and complete in all information they provide in the process.
- To attend all meetings or hearings in a timely manner.
- For respondents to complete any imposed sanctions on time and consistent with the decision in their case.
- To participate in a manner that is civil and respectful.
- STUDENT RIGHTS
All students are entitled to the following rights prior to a campus conduct hearing:
- To a pre-hearing meeting with a university hearing officer where rights, responsibilities and procedures are explained.
- To written notice of the charge(s). In the event that additional charges are brought, additional written notice must be forwarded to the respondent.
- To review all available information, documents, and a list of witnesses that may testify against the respondent. This is a continuing obligation of the complaining party and the dean of students/designee.
- To choose an Administrative or Campus Conduct Board hearing. (The dean of students/designee may elect not to hear the The case would then be heard by the Campus Conduct Board or the Committee on Extraordinary Disciplinary Emergencies.)
- To appear in person, hear all testimony and present any relevant information on their behalf, call witnesses and ask questions of any witnesses at the hearing.
- To elect not to appear at the hearing, in which case the hearing shall be conducted in absentia (in the respondent's absence). A respondent who elects not to appear at a hearing may not be represented by a university advisor, licensed attorney or non-attorney advocate at the hearing.
- To know the identity of witnesses testifying against them.
- To a university advisor, licensed attorney or non-attorney advocate. In cases involving sexual misconduct, both the complainant and the respondent have the right to an advocate or advisor as well as a support person during the While the non-attorney advocate or attorney may participate to the same extent as the respondent or complainant, the support person(s) may not actively participate in the hearing.
- To refuse to answer any questions or make a statement – however, the hearing body shall make its decision solely on the basis of information introduced at the hearing.
- To have all statements, information or comments given during the hearing held in the strictest of confidence by the hearing body before, during and after deliberation.
- To have the hearing conducted as outlined in the UNCW Code of Student Life.
- To have one level of institutional appeal as outlined in the UNC Policy Manual 700.4.1.
- UNIVERSITY ADVISORS
A university advisor is permissible in Administrative, Campus Conduct Board, Student Academic Honor Board, Committee on Extraordinary Disciplinary Emergencies, Student Organization Conduct and Gender-Based Sexual Misconduct hearings. Upon the request of the respondent, the Office of the Dean of Students will appoint a university advisor to help a student prepare for a hearing. The advisor may not speak on the respondent’s behalf at the hearing. The advisor’s role is to:
- Advise the respondent concerning the preparation and presentation of their case.
- Accompany the respondent to all conduct proceedings as requested by the respondent.
- Have access to all materials relating to the case as provided by the respondent.
A respondent who elects not to appear at a hearing may not be represented by a university advisor at the hearing.
In cases involving sexual misconduct, both the complainant and the respondent have the right to an advocate or advisor as well as a support person with them during the hearing. The support person(s) may not actively participate in the hearing. For a more complete explanation of rights associated with student sexual misconduct cases, see the Gender Based/Sexual Misconduct Policy 04.130 and the Title IX Grievance Policy 02.210.
- LICENSED ATTORNEY & NON-ATTORNEY ADVOCATES
Students who have been accused of a violation of the UNCW Code of Student Life (respondents) may be represented by a licensed attorney or non-attorney advocate during any conduct hearing except when:
The allegation is academic dishonesty.
A respondent who elects not to appear at a hearing may not be represented by a licensed attorney or non-attorney advocate at the hearing.
When scheduling a conduct hearing, the Office of the Dean of Students will make reasonable efforts to accommodate a licensed attorney or non-attorney advocate; however, the availability of students, witnesses, the designated administrator, board members and other necessary participants may take priority when determining the date and time of the hearing.
A student who chooses a licensed attorney or non-attorney advocate will be responsible for any expenses that may be incurred.
- Requirements to Serve As a Licensed Attorney or Non-Attorney Advocate
In order for a licensed attorney or non-attorney advocate to represent a student in a conduct hearing, the student must provide the Office of the Dean of Students with the three (3) documents described below. These three (3) documents must be submitted within five (5) business days following the pre-hearing.
- Notice of Representation
Students that plan to have a licensed attorney or non-attorney advocate represent them during the conduct hearing must notify the Office of the Dean of Students in writing. This notification must include:
- The identity of the licensed attorney or non-attorney advocate;
- Whether the individual is a licensed attorney or non-attorney advocate;
- An address, telephone number and e-mail address where the licensed attorney or non- attorney advocate can be reached.
- FERPA Authorization
In order for a licensed attorney or a non-attorney advocate to represent a student during a conduct hearing or to speak with an administrator in the Office of the Dean of Students regarding the student, the student must complete and submit a written authorization that meets the requirements of a valid consent as specified by the Family Educational Rights and Privacy Act (FERPA). Even if a student submits a valid FERPA consent authorizing the licensed attorney or non-attorney advocate to receive information or documents regarding the student, the Office of the Dean of Students may at all times correspond directly with the student. It is the student’s responsibility to communicate and share information with a licensed attorney or non-attorney advocate.
- Certification by Licensed Attorney or Non-Attorney Advocate
Students that plan to have a licensed attorney or non-attorney advocate represent them during a conduct hearing must submit a certification form signed by the licensed attorney or non-attorney advocate stating that the licensed attorney or non-attorney advocate has read in their entirety and understood the following documents:
- UNCW Code of Student Life, and
- Section 700.4.1 and 700.4.1.1 of the UNC Policy Manual.
- Participation of Licensed Attorneys or Non-Attorney Advocates in Disciplinary Procedures
Consistent with the rules, policies or guidelines governing the university’s conduct hearing, licensed attorneys or non-attorney advocates may fully participate in conduct hearings only to the extent afforded to the student they represent. Additionally, licensed attorneys and non- attorney advocates may not delay, disrupt or otherwise interfere with a conduct hearing.
An attorney or other individual representing the university may participate in a conduct hearing in which a licensed attorney or non-attorney advocate represents a student or student organization.
- PROCEDURAL STANDARDS FOR ADMINISTATIVE HEARINGS
- The decision shall be based solely upon such matters and must be supported by the evidence, which will be introduced at the hearing. Any student charged with an infraction under the UNCW Code of Student Life shall be presumed not responsible until proven responsible by a preponderance of evidence.
- In all cases, formal rules of evidence shall not be strictly followed by the administrative hearing officer; hearsay shall be admissible and any credible source, and documentary or testimonial, shall be competent to establish the truth or falsity of the All evidence will be admitted except that which is irrelevant or repetitious or which is obtained in violation of the search-and- entry provisions appearing in Section IV-H-1and H-2.
- Administrative hearingrecords are maintained in the Office of the Dean of Students and are confidential. They may be released only with the consent of the student involved or as allowed under the Family Educational Rights & Privacy Act (FERPA). A written record of the proceedings and action taken will be filed with the Office of the Dean of Students.
- No administrative hearing officer who has a personal interest in the particular case may sit in judgment during the proceeding. If an administrative hearing officer refuses to recuse themselves due to a conflict of interest, the dean of students/designee will make the excusal decision. The respondent will also be given the opportunity to challenge an administrative hearing officer or official on these grounds. In such cases in which an administrative hearing officer cannot serve due to a conflict of interest, another administrative hearing officer may be appointed by the dean of students/designee to serve for the duration of the hearing.
- ADMINISTRATIVE HEARING PROCEDURE
- If a student requests an administrative hearing before the dean of students/designee, the administrator will provide the student written notice of the date, time and place of the hearing to the respondent at least five (5) business days prior to the The respondent may waive all or part of the five (5) business days written notice requirement. All waivers shall be executed in writing.
- Administrative conduct hearings are closed hearings which are closed to the general public.
- Prior to a hearing in cases which may involve suspension or expulsion, the respondent is entitled to the following as outline in UNC Policy 700.4.1:
- A written notice of the charge including possible sanctions.
- Review of all available information, documents and exhibits.
- A list of witnesses that may testify against him/her.
- An outline of student rights.
- A formal hearing date scheduled no less than ten (10) business days after the respondent receives notice of the referral, unless the respondent waives the limit and agrees to an earlier hearing date. Waivers are voluntary and must be in writing and signed by the respondent and the dean/designee.
- In cases that may result in expulsion, the written notice will specify that expulsion precludes matriculation at any UNC constituent institution.
- Written notice will be sent via e-mail.
- Reasonable extensions of time for either party to prepare for the hearing may be allowed.
- The dean of students/designee shall:
- set the date, time and place for the hearing.
- summon university witnesses and prepare evidence for each hearing.
- notify the respondent in writing of the following:
- the date, time and place for the hearing - the letter shall specify a hearing date not less than five (5) business days after the official notice is sent.
- the names of witnesses who may testify against the respondent.
- the charges against him/her.
- that the dean of students/designee may question a student testifying on the respondent’s behalf or question the respondent if they testify on their own behalf.
- If the student charged is a minor (under 18 years of age), a copy of the letter may be sent to their parent or guardian.
- If a student chooses to present witness testimony at an administrative hearing it is the student’s responsibility to notify their witness(es) of the day, time and location of the hearing. Additionally, a list of witnesses and copies of any documentary evidence must be presented to the Office of the Dean of Students at least two (2) business days prior to the hearing.
- If a respondent fails, without good cause, to comply with the letter sent under this section, the dean of students/designee may proceed with the hearing in the respondent’s absence, as has been outlined.
- A final administrative decision will normally be determined immediately, but must be determined within ten (10) business days after the date of the The case resolution form (also known as the “decision of hearing”) will be presented to the respondent in writing within five (5) business days of the decision.
- If a student chooses a hearing before CCB and is cited for an additional violation(s) in the interim, the student then forfeits the right to a CCB hearing and an administrative hearing will be conducted on all charges.
- During times in which CCB is not in session, such as an examination or break period, all cases may be heard administratively with an appeal to the vice chancellor for student affairs/designee. The decision of the vice chancellor is final unless the outcome is suspension or expulsion.
- ADMINISTRATIVE HEARING APPEAL PROCEDURE
The respondent may request an appeal within two (2) business days after notification of the original decision. Notification is defined as the date the case resolution form (also known as the “decision of hearing”) is given to the respondent in person, or the date stamp of the e-mail sent to the respondent. Such petition shall be submitted to the Office of the Dean of Students and explain in detail the reason(s) for the student’s appeal. Original sanctions (with the exception of summary suspension) are normally put into effect only after an appellate decision has been made or the timeline for appeal has expired.
For non-suspension level cases, the dean of students/designee shall serve as the designated appellate officer. The decision of the dean of students/designee is final.
For suspension level cases, the vice chancellor for student affairs/designee shall serve as the designated appellate officer.
- Procedure
- The function of the designated hearing officer in reviewing an appeal is that of checking the action of the administrative hearing officer to determine if:
- an alleged violation of the rights guaranteed the respondent has occurred;
- the sanction is too severe for the violation; or
- new evidence has developed which has bearing on the outcome.
- Upon receiving a petition, the designated appellate officer shall obtain the record of the administrative hearing Such record shall include relevant documents and a written statement by the hearing officer or advisor to the Campus Conduct Board. Such statement in the case of administrative action shall summarize the case and the reasons supporting the disciplinary decision.
- With this information, the designated appellate officer shall decide whether an Appellate Review is warranted. This decision is based on one or more of the three options for an appeal outlined above. The respondent will be notified in writing of a decision regarding whether the appeal will be heard within ten (10) business days after receipt of the petition. Reasonable extensions of time may be allowed.
- If the designated appellate officer determines that an Appellate Review shall be granted, that Review shall be held within ten (10) business days of such determination and notification shall be given in writing at least three (3) business days prior to the date set for the Review, specifying time and place of the Review and informing the respondent of their rights (as outlined in Section II-2-G).
- The designated appellate officer will review all written correspondence associated with the case, may request additional documents and information from the hearing officer who adjudicated the case, and may invite the respondent, the original administrative hearing officer, and such other persons as deemed appropriate to appear to make statements and respond to questions.
- After the Appellate Review is concluded, the designated appellate officer will make a final decision which will be communicated to the student respondent within two (2) business days.
- The designated appellate officer has the authority to approve, reject or modify the decision in question or remand the case back to the administrative hearing officer.
- Consistent with Section 502D (3) of the UNC Policy Manual, when the sanction is suspension or expulsion, an appeal may be made to the Board of Trustees within three (3) business days of notification that the original appeal has been This appeal is for an individual student conduct case (not campus organizations), provided the appeal is based on:
- violation of due process; or
- a material deviation from Substantive and Procedural Standards adopted by the Board of Governors.
The Board of Trustees will review the appeal within ten (10) business days. Reasonable extensions of time will be permitted.
- ADMINISTRATIVE MEASURES
SUMMARY SUSPENSION
- Summary suspension is an action requiring that a student immediately leave the campus and university property. It may be imposed upon a student by the vice chancellor for student affairs/designee when there is reasonable cause to believe, based on available facts, that the student may be an immediate threat to the safety of themselves, other members of the university community or university property or is disruptive without relief to the university community.
- Any student who is suspended on a summary basis and returns to the campus and university property during the suspension shall be subject to further disciplinary action and may be arrested for criminal trespass. Permission to be on campus for a specific purpose (e.g., to take an exam, to consult with the dean of students or to participate in the disciplinary procedures against them) may be granted by the dean of students/designee and requires 24-hour advance notice.
- When a student is suspended on a summary basis, they are given notice containing the reasons for suspension, any conditions that apply and the link to the website for the UNCW Code of Student Life. A student notified of such summary suspension may, within ten (10) business days of the written notice of suspension, request through the dean of students/designee a hearing before CCB/Committee on Extraordinary Disciplinary Emergencies (CEDE) to determine the responsibility or non-responsibility of the student charged and the appropriate sanction and whether the conditions of the summary suspension should continue.
- A regular hearing, where normal procedures apply, before CCB/CEDE, shall normally be conducted within five (5) business days of the student's request for a hearing. Reasonable extensions of time may be allowed. If the student does not request a hearing within ten (10) business days, the student’s classes will be administratively withdrawn and a notation of disciplinary suspension will be placed on their academic transcript.
A student may choose to hold their right to a conduct hearing in abeyance until a time when they are ready to request a Within one calendar year of the date of the original summary suspension notification, a student may request a hearing before CCB/CEDE by submitting the request in writing to the Office of the Dean of Students. After a period of one calendar year from the date of the original summary suspension notification, a former student may request a meeting with the dean of students/designee to review their case. The dean/designee will do the following: review the conduct file, review an updated criminal background check, and require an affidavit from the student attesting to conduct history. The dean/designee may request additional documentation (such as affirmation of counseling for certain cases) and meet with the student to determine whether a hearing before CCB/CEDE is necessary or whether time served away from the institution while on summary suspension is an appropriate sanction in consideration of the offense(s). The dean/designee may elect not to review the case, and the case would then be heard by CCB/CEDE. If the dean/designee determines the former student has met the conditions of the summary suspension, they will lift the conduct encumbrance clearing them for re-enrollment to UNCW. The former student will be required to complete the standard re-enrollment application process, but will not have their conduct history reviewed by the Campus Safety Investigation Committee in the Office of Admissions. If the outcome of the meeting with the dean/designee is not satisfactory to the former student, the former student may request a hearing before CCB/CEDE. Please refer to the Gender-Based/Sexual Misconduct Policy 04.130 for summary suspension cases involving sexual misconduct.
PARENTAL NOTIFICATION
Parents or guardians of students under the age of 21, who are placed on disciplinary probation for a violation of an alcohol or drug offense, may be notified through written correspondence by the Office of the Dean of Students. The purpose of the notification is to encourage parents to discuss the situation with the student, define the terms and conditions of disciplinary probation and encourage parents to work with the university in addressing behaviors which fall below the university’s conduct standards.
STUDENTS WITH DISABILITIES
When a student with a documented disability is charged with an offense, and informs the Office of the Dean of Students of such status, the university will assure that all requirements of Section 504 of the Rehabilitation Act and the Americans with Disabilities Act are met.
MEDICAL AMNESTY
The university community encourages the reporting of Code of Student Life violations. Sometimes individuals are hesitant to report to university officials because they fear that they or others may be charged with policy violations (such as underage drinking). In order to enable the highest safety standards and health care responses for our students, it is essential that students feel safe to report incidents to university officials, especially when they or others may be in medical distress.
Any individual, including the victim, a witness or a third party, who makes a report may not be subject to disciplinary action by the university for their own personal consumption of alcohol or other drugs at or near the time of the incident.
Medical amnesty does not apply to:
- students who are first reported by or treated by university officials or emergency personnel;
- law enforcement agencies within their jurisdictions enforcing federal, state, or local laws (however, state laws related to medical amnesty may apply); or
- students who are engaging in behaviors other than possession, consumption or use of alcohol and/or other drugs (including, but not limited to, driving under the influence, manufacturing/distribution/delivery of drugs, possessing with intent to sell/manufacture/distribute/deliver drugs, sexual misconduct, relationship violence, or stalking.)
The dean of students/designee has sole discretion related to the initiation of medical amnesty. In order to receive relief under medical amnesty, the student or organization must agree to a recommended plan of action which may include a referral to Health Promotion for alcohol/drug education, and/or referrals to other campus/community resources, educational programming, and/or parental notification. A student or organization that fails to meet expectations of the recommended plan of action will no longer be eligible for relief under medical amnesty and may be referred to the student conduct process. There are provisions in North Carolina General Statutes that provide amnesty for individuals seeking medical assistance for others experiencing drug- or alcohol-related overdoses. This includes General Statute § 18B-302.2 (
https://www4.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_18b/gs_18b[1]302.2.ht ml), which relates to alcohol, and General Statute § 90-96.2 (
https://www4.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_90/gs_90-96.2.html), which relates to drugs.
ADMINISTRATIVE ORDER OF NO CONTACT
When, based on campus or external incident/police reports, the university is made aware that two or more students may pose a nuisance to the peace of the community by harassing or threatening one another, as evidenced by concerns reported by other students or the faculty or administration, and independent of any protective orders placed by a judge or magistrate, the Office of the Dean of Students may impose a mutual “Order of No Contact” between two or more students. Students issued an “Order of No Contact” may by no means communicate with, directly or indirectly, a student, faculty or staff member listed by the university. Failure to comply with a university “Order of No Contact” may result in disciplinary action taken by the university.
ADMINISTRATIVE LETTER OF COMMUNITY STANDARDS
A letter sent via e-mail to a student indicating their alleged behavior is inappropriate and may be in violation of UNCW’s community standards, and stating that future violations may result in a formal conduct process.
II-3 CAMPUS CONDUCT BOARD
- CAMPUS CONDUCT BOARD
- The Campus Conduct Board (CCB) is activated when a student requests a hearing before CCB or if a case is referred automatically by the dean of students/designee. The associate vice chancellor for student affairs/designee serves as the advisor to CCB. The members are:
- Five (5) students recommended by the Student Government Association and appointed by the chancellor.
- Two (2) faculty members recommended by the chairperson of Faculty Senate and appointed by the chancellor.
- The dean of students/designee will select and train CCB members to serve as
- Quorum shall consist of five (5) members – four (4) students and one (1) faculty member. During summer sessions a quorum shall consist of four (4) members – three (3) students and one (1) faculty member.
- Selection
- Students recommended by Student Government Association and chancellor for appointments to CCB are selected through a campus wide application process.
- CCB members will be appointed annually. Members serve a one-year term and may be reappointed annually by the Student Government Association and will also require a re-application.
- Vacancies occurring during the course of the year will be filled by the vice chancellor for student affairs.
- Members of CCB become active members only after they have been trained by the Office of the Dean of Students.
- CCB members may be excused from their role on the board if they fail to maintain the required GPA, exhibit inappropriate behavior in or out of the hearings, or otherwise fall out of good standing with the university.
- Jurisdiction of CCB
- CCB may have, at the request of a respondent or the dean of students/designee, original jurisdiction in conduct cases.
- CCB has appellate power to review decisions of administrative hearing officers and the dean of students/designee with the authority to accept or lessen, but not increase, the sanction imposed. CCB may refer a case to the original hearing officer for a rehearing.
- PROCEDURAL STANDARDS FOR CCB CASES
- The decision shall be based solely upon such matters and must be supported by the evidence, which will be introduced at the hearing. Any student charged with an infraction under the UNCW Code of Student Life shall be presumed not responsible until proven responsible by a preponderance of evidence.
- In all cases, formal rules of evidence shall not be strictly followed by CCB; hearsay shall be admissible and any credible source, and documentary or testimonial, shall be competent to establish the truth or falsity of the charges. All evidence will be admitted except that which is irrelevant or repetitious or which is obtained in violation of the search-and-entry provisions appearing in Section IV-H-1and H-2.
- CCB records are maintained in the Office of the Dean of Students and are confidential. They may be released only with the consent of the student involved or as allowed under the Family Educational Rights & Privacy Act (FERPA). A written record of the proceedings and action taken will be filed with the Office of the Dean of Students.
- No member of the hearing body who has a personal interest in the particular case may sit in judgment during the proceeding. If a member refuses to recuse themselves due to a conflict of interest, the dean of students/designee will make the excusal The respondent will also be given the opportunity to challenge a committee member or official on these grounds. In such cases in which a member cannot serve due to a conflict of interest, a temporary member may be appointed by the vice chancellor/designee to serve for the duration of the hearing.
- CAMPUS CONDUCT BOARD HEARING PROCEDURE
- Prior to a hearing, the respondent is entitled to the rights outlined in II-2-G.
- If a student requests a CCB hearing, the dean/designee will forward written notice of the date, time and place of the hearing to the respondent at least five (5) business days prior to the hearing. The respondent may waive all or part of the five (5) business days written notice requirement. All waivers shall be executed in writing.
- CCB hearings are closed hearings which are closed to the general public.
- Prior to a hearing in cases which may involve suspension or expulsion, the respondent is entitled to the following:
- A written notice of the charge(s) including possible sanctions.
- Review of all available information, documents, exhibits.
- A list of witnesses that may testify against him/her.
- An outline of student rights.
- A formal hearing date scheduled no less than ten (10) business days after the respondent receives notice of the referral, unless the respondent waives the limit and agrees to an earlier hearing date. Waivers are voluntary and must be in writing and signed by the respondent and the dean/designee.
- In cases that may result in expulsion, the written notice will specify that expulsion precludes matriculation at any UNC constituent institution.
- Written notice will be sent via e-mail.
- Reasonable extensions of time for either party to prepare for the hearing may be allowed.
- The dean of students/designee shall:
- set the date, time and place for the hearing.
- summon university witnesses and prepare evidence for each hearing.
- notify the respondent in writing of the following:
- the date, time and place for the hearing - the letter shall specify a hearing date not less than five (5) business days after the official notice is sent.
- the name of the person appointed to serve as chairperson of CCB.
- the names of witnesses who may testify against the respondent.
- the charges against him/her.
- the dean of students/designee may question a student testifying on the respondent’s behalf or question the respondent if they testify on their own behalf.
- If the student charged is a minor (under 18 years of age), a copy of the letter may be sent to their parent or guardian.
- A respondent may request in writing that an earlier date be set, if feasible. Reasonable extensions of time for either party to prepare for the hearing may be allowed. CCB, with good cause, may postpone or continue the hearing and notify all interested persons of the new hearing date, time and place.
- If a student chooses to present witness testimony at a CCB hearing it is the student’s responsibility to notify their witness(es) of the date, time and location of the hearing. Additionally, a list of witnesses and copies of any documentary evidence must be presented to the Office of the Dean of Students at least two (2) business days prior to the hearing.
- If a respondent fails, without good cause, to comply with the letter sent under this section, the dean of students/designee may proceed with the hearing in the respondent’s absence, as has been outlined.
- If a student chooses a hearing before CCB and is cited for an additional violation(s) in the interim, the student then forfeits the right to a CCB hearing and an administrative hearing may be conducted on all charges.
- CCB shall proceed generally as follows during the hearing:
- CCB chairperson states the hearing is closed to the public.
- The chairperson of CCB informs the respondent of their rights and asks the respondent whether they agree or disagree to the charge(s) before CCB.
- The dean of students/designee presents the university's case and may call witnesses.
- The respondent and the CCB may question the university and/or each witness called.
- The respondent presents their case and may call any witnesses they have present.
- The university and the CCB may question the respondent and/or each witness called.
- The dean of students/designee and the respondent present rebuttal evidence and final statements. Both the dean of students/designee and the respondent may make closing statements.
- CCB deliberates in closed session and decides whether the respondent is responsible or not responsible for each charge.
- If the CCB finds the respondent not responsible for all charges, the hearing is concluded.
- If CCB finds the respondent responsible for one or more charges, the dean of students/designee and respondent may present evidence and argument on an appropriate sanction.
- If CCB finds the respondent responsible, the dean of students/designee will indicate whether the student has any prior findings of responsibility for academic or non-academic conduct violations.
- CCB deliberates in a closed session and determines an appropriate sanction.
- CCB renders a written decision as to whether they find the respondent responsible or not responsible for the charge(s). The decision states the sanction, if any, and procedures for appeal. The respondent and dean of students/designee shall each be given a copy of the decision. A final CCB decision will normally be determined immediately but must be determined within ten (10) business days after the date of the hearing. The final decision, containing a brief summary of the evidence, will be presented to the respondent in This will generally occur immediately following the hearing, however may take up to five (5) business days.
- The student conduct file is confidential and consists of:
- the original referral.
- all correspondence directed to the respondent.
- all material presented to, or considered by, CCB.
- the official case resolution form (also known as the “decision of hearing”).
- appeal documentation submitted, if any.
- CCB APPEAL PROCEDURE
The respondent may request an appeal within two (2) business days after notification of the original decision. Notification is defined as the date the case resolution form (also known as the “decision of hearing”) is given to the respondent, or the date stamp of the e-mail sent to the respondent. Such petition shall be submitted to the Office of the Dean of Students and explain in detail the reason(s) for the student’s appeal. Original sanctions (with the exception of summary suspension) are normally put into effect only after an appellate decision has been made or the timeline for appeal has expired.
For non-suspension level cases, the dean of students/designee shall serve as the designated appellate officer. The decision of the dean of students/designee is final.
For suspension level cases, the vice chancellor for student affairs/designee shall serve as the designated appellate officer.
Procedure
- The function of the designated appellate officer in hearing an appeal is that of reviewing the action of CCB to determine if:
- an alleged violation of the rights guaranteed the respondent has occurred;
- the sanction is too severe for the violation; or
- new evidence has developed which has bearing on the outcome.
- Upon receiving a petition, the designated appellate officer shall obtain the record of The record shall include relevant documents, the case resolution form (also known as the “decision of hearing”) including a case summary and rationale for supporting the decision.
- With this information, the designated appellate officer shall decide whether an Appellate Review is warranted. This decision is based on one or more of the three options for an appeal outlined The respondent will be notified in writing of the decision within ten (10) business days after receipt of the petition. Reasonable extensions of time may be allowed.
- If the designated appellate officer determines that an Appellate Review shall be granted, that Review shall be held within ten (10) business days of such determination and notification shall be given in writing at least three (3) business days prior to the date set for the Review, specifying time and place of the Review and informing the respondent of their rights (as outlined in Section II-2-G).
- The designated appellate officer will review all written correspondence associated with the case, may request additional documents and information from the student hearing chair who presided over the student board that heard the case, and may invite the respondent, the chair, and such other persons as deemed appropriate to appear to make statements and respond to questions.
- After the Appellate Review is concluded, the designated appellate officer will make a final decision which will be communicated to the student respondent within two (2) business days.
- The designated appellate officer has the authority to approve, reject or modify the decision in question or to remand the case back to the same CCB.
- Consistent with Section 502D (3) of the UNC Policy Manual, where the sanction is suspension or expulsion, an appeal may be made to the Board of Trustees within three (3) business days of notification that the original appeal has been This appeal is for an individual student conduct case, provided the appeal is based on:
- violation of due process; or
- a material deviation from Substantive and Procedural Standards adopted by the Board of Governors.
The Board of Trustees will review the appeal within ten (10) business days. Reasonable extensions of time will be permitted.
II-4 AUTHORIZED DISCIPLINARY SANCTIONS
- LEVELS OF UNIVERSITY DISCIPLINARY SANCTIONS
The range of sanctions includes, but are not limited to:
Written Warning – is a status of warning at least through the end of the next full semester, which terminates automatically when the imposed period expires.
Disciplinary Probation – is a status of probation for typically no less than one year up to the remainder of a student’s enrollment 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 and may be prohibited from participating in certain university experiences and opportunities.
As part of disciplinary probation, the student may also have restrictions placed on specific 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 the UNCW Code of Student Life or other applicable rules while on disciplinary probation, the university may seek the penalty of suspension or expulsion.
Deferred Suspension – is a status assigned for an offense(s) serious enough to warrant suspension but where specific circumstances of the case mitigate the offense, or for repeated offenses of a less serious nature. A student placed on deferred suspension is considered not to be in good standing with the university and may be prohibited from participating in certain university experiences and opportunities, including university-sponsored travel or study abroad programs. The status is assigned for typically no less than one year up to the remainder of a student’s enrollment which terminates automatically when the imposed period expires. A condition of deferred suspension may include the revocation of a student’s housing contract.
In the event of a further violation(s) of the UNCW Code of Student Life or other applicable rules while on deferred suspension, the university will seek the sanction of suspension or expulsion.
Suspension* - Suspension is 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 a meeting with the dean of students/designee 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 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, and may delay the student’s re-enrollment.
A notation of “disciplinary suspension” will be applied to a student’s academic transcript and will remain until the term of suspension is complete.
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.
By state policy, a sanction of suspension requires that the student’s name and duration of suspension be added to the UNC Suspension/Expulsion Database in perpetuity.
Expulsion – is the permanent dismissal of a student from the university, and it precludes matriculation at any UNC constituent institution, unless and until the chancellor who imposed or approved the sanction or their 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.
The chancellor or vice chancellor for student affairs may impose the sanction of expulsion.
A notation of “disciplinary expulsion” will be applied to the student’s academic transcript and will remain in perpetuity.
By state policy, a sanction of expulsion requires that the student’s name be added to the UNC Suspension/Expulsion Database.
Other Sanctions – For students living on campus, 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 provision in the Housing Contract which provides the university the right to a) move a student to another residence hall; b) terminate a student’s housing agreement; or c) refuse to renew a housing contract. As part of the conditions established by CCB or the administrative hearing officer, a student may be denied access to a residence life area or evicted from university housing. Prior to removing a student from residence, the student is entitled to the full disciplinary process described in the UNCW Code of Student Life. Any student who is removed from on-campus housing shall not be entitled to a refund of room For certain offenses, students may be restricted from visiting in or around campus residential facilities.
The university reserves the right to impose other educational sanctions appropriate to the offense(s).
- RESTITUTION
CCB or the hearing body, as part of the disciplinary process, may impose specific conditions (e.g., requirement of student to reimburse for damage or destruction or misappropriation of university property or property of any person, and restitution in the form of appropriate service to be performed). Reimbursement may take the form of appropriate service for repair or compensation for damages.
- MONETARY FEES
As a part of the disciplinary process, students will be assessed fees for classes offered through the Health Promotion Team: Challenging Decisions - Alcohol ($100), Challenging Decisions – Cannabis ($100), BASICS - Alcohol ($150), and BASICS- Cannabis ($150). Fees will be used to fund substance abuse education programs. In addition, a student may be referred to the Health Promotion Team, a substance assessment at the Counseling Center, or at an off campus agency if the hearing body finds alcohol or other drugs to be a contributing factor in the student’s case. A student who fails to appear for an on-campus substance assessment will be required to complete the assessment off campus at their personal expense. A $50 fee will be assessed to students who fail to appear for a Challenging Decisions-Alcohol or Cannabis class or other required classes or appointments through the Health Promotion Team.
II-5 DISCIPLINARY RECORDS
- A hearing record, notice of appeal and each petition for review are confidential and may not be disclosed in whole or part except for certain alcohol and drug offenses (see Section III-4 for detail). Other exceptions are outlined in the Family Educational Rights and Privacy Act (FERPA). This disciplinary record shall be separate from the student’s academic record but shall be considered a part of the student’s educational record and maintained in the Office of the Dean of Students.
- Victims of crimes of violence will be notified of the results of the disciplinary proceeding of the alleged assailant. “Results” means the name of the student assailant, the violation charged or committed, the essential findings supporting the conclusion that the violation was committed, the sanction if any is imposed, the duration of the sanction and the date the sanction was imposed.
- For offenses heard under the Student Gender-Based/Sexual Misconduct Policy 04.130, the university will disclose information to the alleged victim in accordance with Section X-H of that policy. A student who is suspended or expelled will have a “hold” placed on their registration by the dean of students/designee. The “hold” will be removed when the term of suspension expires and/or conditions for re-enrollment have been met.
- A notation of suspension or expulsion will be placed on the transcript as a “disciplinary suspension” or “disciplinary expulsion,” respectively, for conduct withdrawals and “Honor Code suspension” or “Honor Code expulsion,” respectively, for Honor Code The notation will remain until the term of suspension is complete. Per state policy, the student’s name will also be permanently added to the UNC Suspension/Expulsion database. Records for conduct cases (including audio, video, and transcripts) not resulting in suspension or expulsion are governed by the UNC General Records Retention and Disposition Schedule. Such records are maintained by the Office of the Dean of Students for 8 years unless otherwise prescribed by the UNC General Records Retention and Disposition Schedule.
II-6 COMMITTEE ON EXTRAORDINARY DISCIPLINARY EMERGENCIES (CEDE)
Notwithstanding any other provisions of the UNCW Code of Student Life, and in fulfillment of the obligation of the university and of the chancellor to maintain campus security and to protect the safety and welfare of students, employees and visitors to the university, the Committee on Extraordinary Disciplinary Emergencies (CEDE) is established in accordance with the provisions of Sections 116-11(2) and 116-34(a) of the North Carolina General Statutes, Sections 502D(3), 600, 608(2), and Appendix Sections XII and XV of the Code of the Board of Governors of the University of North Carolina, Chapter 700 and Section 1300.1 of the University of North Carolina Policy Manual, and Section II-6 of the UNCW Code of Student Life.
- JURISDICTION OF THE COMMITTEE
The Committee on Extraordinary Disciplinary Emergencies is established under the delegation of the chancellor pursuant to their responsibility for student affairs. The Committee is established to investigate complex cases or cases involving students or student organizations whose behavior, on or off campus, is such that their presence at the university, in the judgment of the Committee, upon referral from the vice chancellor for student affairs or the chancellor, may pose:
- A serious risk of disruption of the academic environment.
- A serious risk of interference with the rights of other members of the university community.
- A serious risk or continuing danger to university property.
- A serious risk or continuing danger to members of the university community.
- OFFENSES
An example of student behavior that may come within the jurisdiction of the Committee includes, but is not limited to:
- Students who have been arrested and charged with a serious crime of a violent nature, or of a dangerous nature, or which involved placing another person in fear of imminent injury or danger.
- Students subject to summary suspension and who request a hearing to review their case.
- Students or student organizations charged with serious violations.
- COMMITTEE MEMBERSHIP AND EMERGENCY PROCEDURES
The Committee shall be composed of vice chancellors or their designees, one (1) additional designee as assigned by the vice chancellor for student affairs and one (1) student from the Campus Conduct Board (CCB). A quorum of the Committee shall consist of at least four (4) designees. If a graduate student is charged, one student from the current Graduate Student Association will be appointed to sit on the Committee. The vice chancellor for student affairs or designee shall designate a chair to preside over the Committee.
In an emergency situation, pursuant to Section II-6-A & B or Section II-2-M of the UNCW Code of Student Life, the vice chancellor for student affairs/designee shall have the power to invoke summary suspension. After a hearing, as set forth below, the Committee may ratify the vice chancellor’s action, reverse it or take any other appropriate action.
- COMMITTEE ACTION IN SPECIFIED SITUATIONS
- Dangerous or Disruptive Student Behavior
If, in the judgment of the vice chancellor for student affairs, the facts of any case are complex or indicate that the student’s presence in the university poses a risk or continuing danger to members of the university community, or poses a risk to university property, or poses a risk or continuing danger of disruption of the academic environment or poses a risk of interference with the rights of other members of the university community, and the immediacy of the danger or threat is so great that emergency action should be taken, the vice chancellor for student affairs shall withdraw the case from the jurisdiction of the CCB/Student Organization Conduct Board (SOCB) and refer the case to the Committee. A student summarily suspended under this section shall have the right to a subsequent hearing as set forth below. Upon completion of a hearing, the Committee may reinstate the student, continue the student’s suspension or expel the student. If the Committee expels the student, the suspension shall continue pending the chancellor’s decision upon the student’s appeal to the chancellor or upon the chancellor’s decision to review the expulsion decision.
- Students Charged With a Crime
In the case of a student who has been arrested and charged with a serious crime of a violent or dangerous nature or one which involved placing a person in fear of imminent injury or danger, the vice chancellor for student affairs shall review the facts and may withdraw the matter from the jurisdiction of the CCB/SOCB and refer the case to the Committee. In those cases submitted to the Committee pursuant to this Subsection II-6-D-2, the Committee may consider whether the nature of the crime is such that, if the student were guilty, the student’s presence in the university would represent one of the factors set forth above in II-6-A. If the Committee’s determination is that if the student were guilty of the crime with which they are charged, and the student’s presence at the university would pose a continuing danger or serious risk as set forth above, then the Committee shall suspend the student from the university.
In evaluating the student’s behavior to determine whether it poses a serious risk or continuing danger, the Committee shall act in light of the standards set forth in the authorities cited in Section II-6.
No action under Subsection II-6-D-2, relating to criminal charges, shall involve or be construed as an adjudication of the student’s guilt or innocence of the crime charged, nor shall it be considered as evidence of the student’s responsibility or non-responsibility in any subsequent Committee or CCB/SOCB proceeding arising out of the same fact situation.
A student who is summarily suspended from the university under this subsection shall have the right to a hearing before the committee. A request for a hearing must be submitted in writing to the vice chancellor for student affairs within ten (10) business days of the invocation of summary suspension. If criminal charges arising out of the same fact situation/incident are pending against the student at the time the hearing is to be held, the student may choose to proceed with the institutional proceeding or may request that they be held in abeyance until the criminal case has been resolved. In either situation, pending the outcome of the hearing, the student’s suspension shall remain in effect. If the student chooses to delay institutional proceedings until after resolution of the criminal case, institutional proceedings will be resumed immediately after resolution of the criminal case. If the hearing is held before the criminal case against the student has been resolved, an expulsion may not be imposed at that time. If the student does not request a hearing within ten (10) business days, the student’s classes will be administratively withdrawn and a notation of disciplinary suspension will be placed on their academic transcript.
Within one calendar year of the date of the original summary suspension notification, a student may request a hearing before CEDE by submitting the request in writing to the Office of the Dean of Students. After a period of one calendar year from the date of the original summary suspension notification, a former student may request a meeting with the dean of students/designee to review their case. The dean/designee will do the following; review the conduct file, review an updated criminal background check, and require an affidavit from the student attesting to conduct history. The dean/designee may request additional documentation (such as affirmation of counseling for certain cases) and meet with the student to determine whether a hearing before CEDE is necessary or whether time served away from the institution while on summary suspension is an appropriate sanction in consideration of the offense(s). The dean/designee may elect not to review the case, and the case would then be heard by CEDE. If the dean/designee determines the former student has met the conditions of the summary suspension, they will lift the conduct encumbrance clearing them for re-enrollment to UNCW. The former student will be required to complete the standard re-enrollment application process, but will not have their conduct history reviewed by the Campus Safety Investigation Committee in the Office of Admissions. If the outcome of the meeting with the dean/designee is not satisfactory to the former student, the former student may request a hearing before CEDE.
- CEDE HEARING PROCEDURE
Any student who has been suspended or expelled may not participate in any university activities or responsibilities, attend classes or come onto the campus except to attend a scheduled meeting or hearing on the case. Persons who wish to schedule a meeting with such a student must first request approval from the dean of students/designee. If the student comes onto the campus for a hearing/meeting, the student must immediately leave the campus at the end of the meeting. Any student who is suspended or expelled and returns to the campus and/or university property during the suspension or subsequent to the expulsion, without the express permission of the dean of students/designee or the vice chancellor for student affairs/designee, shall be subject to further disciplinary action and may be arrested for criminal trespass.
Summary suspension shall not be considered evidence of the student’s responsibility or non- responsibility in any hearing of the Committee nor in any subsequent CCB/SOCB proceeding. Prior to any hearing before the Committee, the student will be informed by letter via e-mail of the vice chancellor for student affairs’ summary action or intent to bring a charge before the Committee. The student shall also be notified of the date and location of the hearing. The hearing shall be set no sooner than five (5) business days from the date of the letter, and the letter shall be e-mailed and mailed to the student at the last known address, according to university records. The notice shall explain the charges against the student, the character of the evidence against the student and the student’s rights.
The Committee’s decision will be based on the evidence presented. In cases brought under Section II-6-B and Section II-6-D-1, the Committee shall generally follow the procedure outlined in Section II-3-B and Section II-3-C of the UNCW Code of Student Life. In all cases, formal rules of evidence shall not be strictly followed by the Committee; hearsay shall be admissible and any credible source, and documentary or testimonial shall be competent to establish the truth or falsity of the charges.
Before a post-hearing action of suspension or expulsion may be imposed on a student in accordance with the Committee. The Committee must find by a preponderance of evidence that the student committed the offense in question. Before a post-hearing sanction may be imposed on a student, the Committee must find by a preponderance of the evidence that the student has, in fact, been charged with the crime in question, that the charge does not appear to be frivolous, and that, if the student committed the crime with which they are charged, the student’s presence on the campus would pose a serious risk or continuing danger as set forth above.
Recordings or transcripts of the hearing, but not of the committee’s deliberations, shall be maintained. The vice chancellor for student affairs/designee shall be responsible for all records of Committee proceedings. Following the hearing, the student shall be notified of the Committee’s decision by a letter sent to the student’s e-mail address (supplied to the Committee at the hearing), or if no address has been supplied at the hearing, then to the last known address according to university records.
Victims of crimes of violence will be notified of the results of the disciplinary proceeding of the alleged assailant. “Results” means the name of the student assailant, the violation charged or committed, the essential findings supporting the conclusion that the violation was committed, the sanction if any is imposed, the duration of the sanction and the date the sanction was imposed.
Hearing procedures for violations of the Gender-Based/Sexual Misconduct policy are described in University Policy 04.130 and procedures for violations of the Title IX Grievance Policy are described in University Policy 02.210.
- APPEALS AND POST-HEARING PROCEDURES
The decision of the Committee shall become effective immediately upon its issuance. Reasonable steps of the same sort as set forth above in regards to notification of the student of the hearing shall be used to notify the student, as promptly as possible, of the Committee’s decision and recommendation.
A student may appeal the decision of the Committee to the chancellor/designee(s) within ten (10) business days of its issuance. An “Intent to Appeal” must be filed within two (2) business days after notification of the original decision. The “Request for Appellate Consideration Form” must be submitted within ten (10) business days after notification of the original decision. Reasonable extensions of time are permissible upon request prior to the deadline for submission. Such petition shall be submitted to the Office of the Dean of Students in writing and shall set forth the grounds for appeal, the basis of the objection to the Committee’s findings and the requested relief sought. (Hereafter the chancellor/designee shall be commonly referred to as “Appellate Body”).
The function of the Appellate Body in reviewing an appeal is that of checking the action of the Committee to determine if:
- an alleged violation of the rights guaranteed the respondent has occurred;
- the sanction is too severe for the violation; or
- new evidence has developed which has bearing on the outcome.
Upon receipt of an appeal from the student, or in the Appellate Body’s own discretion, shall consider the decision a recommendation and shall decide whether to accept, modify or reject it.
In the case of an appeal, or at the Appellate Body’s request, the record of the proceedings before the Committee shall be prepared by the chairperson of the Committee/designee and shall be forwarded to the Appellate Body. The record shall include the recordings or transcripts taken during the proceedings and a copy of all documents and other writings introduced in evidence at the hearing. It shall not include any record of the Committee’s deliberations.
An appeal is considered solely by the Appellate Body and is final unless the outcome is suspension or expulsion. Consistent with Section 502 D (3) of the UNC Policy Manual, when the sanction is suspension or expulsion, an appeal may be made to the Board of Trustees within three (3) business days for individual student conduct cases, provided the appeal is based on 1) violation of due process; or 2) a material deviation from Substantive and Procedural Standards adopted by the Board of Governors. The Board of Trustees will review the appeal within ten (10) business days.
Reasonable extensions of time will be permitted. For suspension and expulsion level cases, the appeal to the Board of Trustees is final.
Whether the hearing is held before or after resolution of the criminal case, if the student is reinstated after the hearing but due to the length of time which has passed before the hearing could be held, the student has missed so much class work that it will be impossible for the student to complete course work before the end of the term, the student may choose either to take a grade of “incomplete” in those courses and complete them in the normal period of time allowed for completion of “incomplete” under university regulations, or may choose to withdraw from the semester in question and receive a full refund of any tuition and fees paid for the term in question minus the non- refundable enrollment deposit and any charges against their account (such as library fines, unpaid parking tickets, returned check charges, damages, etc.).
A former student who has been suspended by the Committee who wishes to return to the university must follow the terms established by the Committee for reinstatement, as outlined in official correspondence from the university, unless extraordinary circumstances exist. Such extraordinary circumstances may include, but are not limited to, a verdict of not guilty of the criminal charges forming the basis for the Committee’s decision of suspension. Former students who petition the university for reinstatement must also subsequently apply for readmission. The university reserves the right to require the student to compete for admission with other applicants in that year, and comply with all other admissions criteria (created May 12, 1997; revised June 2008).