Conduct Resources

• Welcome Letter from Dr. Mike Walker
• Statement of Academic Expectations for Students
• Accommodations for Students with Disabilities within the Conduct Process
• Reaffirmation of Commitment to Equal Educational and Employment Opportunity
• Statement on Diversity and Inclusion in the University Community
• Unlawful Harassment, Discrimination, and Retaliation
• Preface
• Student Conduct and Appeals
• University Owned Residences
• Student Organizations
• Use of University Facilities
• Campus Life Facilities
• Emergency Weather Event Guidelines
• Skateboarding and Rollerblading
• Hoverboard Usage
• Photo Use Policy
• Drone Policy
• Supplement 1

In choosing UNCW, you have become part of our community of scholars. We recognize that the UNCW learning experience is challenging and requires hard work. It also requires a commitment to make time available to do that hard work. The university expects you to make academics your highest priority by dedicating your time and energy to training your mind and acquiring knowledge. Academic success in critical thinking and problem solving prepares you for the changes and challenges you will encounter in the future. Our faculty and academic support resources are readily available as partners in this effort, but the primary responsibility for learning is yours.

At the University of North Carolina at Wilmington (UNCW), our culture reflects our values of inclusion, diversity, globalization, ethics, integrity, and innovation, and we are committed to providing equality of educational and employment opportunity for all persons without regard to race, sex (such as gender, gender identity, marital status, childbirth, and pregnancy), age, color, national origin (including ethnicity), religion, disability, sexual orientation, political affiliation, veteran status, military service member status, genetic  information, or relationship to other university constituents – except where sex, age, or ability represent  bona fide educational or occupational qualifications or where marital status is a statutorily established eligibility criterion for State funded employee benefit programs. UNCW believes that embracing the unique contributions of our faculty, staff and students is critical to our success and paramount in being recognized for our global mindset. This Policy prohibits all forms of discrimination based on a person’s protected status as established by the laws listed below.

This affirmation is published in accordance with 41 CFR Part 60 and is implemented in accordance with the following laws and their amendments: Title IV, VI, VII of the Civil Rights Act of 1964; Title IX of the Education Amendments Act of 1972; Title II of the Genetic Information Non Discrimination Act of 2008; Age Discrimination in Employment Act; Age Discrimination Act of 1975; Equal Pay Act of 1963; Section 504 of the Rehabilitation Act of 1973; Executive Order 11246; Americans with Disabilities Act of 1990; ADA Amendments Act of 2008; Violence Against Women Act; Vietnam Era Veterans' Readjustment Act; the Civil Rights Restoration Act of 1988; The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime and N.C. General Statutes Chapters 116, 126, 127B, and 168A.

To ensure that equal educational and employment opportunity exists throughout the university, a
variety of diversity and inclusion efforts and a results-oriented equal opportunity/affirmative action program have been implemented to overcome the effects of past discrimination, enhance our culture and to eliminate barriers to educational or employment opportunities for all qualified individuals. Copies of the equal opportunity/affirmative action program are available for review upon request in the Human Resources Department M-F, between 8:30 a.m. to 4:30 p.m. The University of North Carolina at Wilmington is committed this program and is aware that, with its implementation, positive benefits will be received from greater utilization and development of a diverse and inclusive environment.

The University of North Carolina at Wilmington affirms that students and employees are entitled to an educational and employment environment free from unlawful harassment or discrimination based on that individual’s race, sex (such as gender, gender identity, marital status, and pregnancy), age, color, national origin (including ethnicity), religion, disability, sexual orientation, political affiliation, veteran status, military service member status, genetic information, or relationship to other university constituents – except where sex, age, or ability represent bona fide educational or occupational qualifications or where marital status is a statutorily established eligibility criterion for State funded employee benefit programs. Further, no student or employee shall be subject to retaliation for bringing a good faith complaint pertaining to unlawful harassment or discrimination or for protesting such behavior directed against another member of the university community.

For more information concerning ways in which our multicultural learning community may be nurtured and protected or complaint resolution procedures, contact the Office of Institutional Diversity and Inclusion, the Office of the Dean of Students, the Office of Academic Affairs, or the Office of Human Resources.

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.

1. 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.
2. 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:
   1. 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.
   2. Takes, purchases or possesses university property and/or services or property of any other person without expressed permission or authority.
   3. Drugs
      1. Possesses/uses an illicit drug or narcotic.
      2. 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.
      3. Possesses/uses drug paraphernalia.
      4. Drives while impaired attributable to the use of drugs.
      5. 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).
      6. Consumes, including huffing and/or sniffing, any substance not intended for such use.
   4. Firearms/Weapons/Explosives
      1. 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.
      2. 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.
   5. Conducts themselves in a manner that endangers the health or safety of self or others.
   6. Fire/Fire Equipment
      1. Sets a fire in or on university property.
      2. Tampers with fire equipment, including but not limited to fire alarms, fire extinguishers, covering or altering smoke detectors, or other fire or emergency equipment.
   7. 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.
   8. Inflicts or threatens bodily harm upon another, or acts in a manner which creates a risk/threat of bodily harm to another.
   9. Intentionally furnishes false information to a member of the faculty, staff or a student acting in an official capacity.
   10. 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.
   11. Fails to provide accurate and complete information on the undergraduate or graduate application to the university.
   12. 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.
   13. Alcohol Violations
       1. Underage possession/use – possesses or uses alcohol under the age of twenty-one (21).
       2. Illegal possession/use – possesses or uses alcohol where it is not legally permissible to do so, regardless of age.
       3. Drives while impaired or driving after consuming alcohol under the age of twenty-one (21).
       4. Provides alcohol to minors (any individual under the age of twenty-one).
       5. 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.
       6. 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.
       7. 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 .
   14. 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.
   15. Disorderly Conduct
       1. 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.
       2. 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.
       3. 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.
       4. Leading or inciting others to disrupt scheduled and/or normal activities within any university building or premises.
       5. Obstructing the campus in way that reasonably interferes with freedom of movement or safe passage, either pedestrian or vehicular, on university premises.
       6. Engaging in conduct which disturbs the peace, order or discipline at the university or university-sponsored activity.
       7. Conduct that is sufficiently severe and/or pervasive which in turn creates an environment that a reasonable person would consider intimidating, hostile, or abusive.
   16. 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.
       1. 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.
       2. 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:
          1. Directed toward a particular person or persons;
          2. 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 ;
          3. Unwelcome;
          4. Is so severe or pervasive and;
          5. Objectively offensive to create an intimidating, hostile or offensive working, learning or living environment; and
          6. 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.
       3. 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 ).
   17. 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.
   18. 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.
   19. Misuses university technology in violation of rules and regulations of Institutional Technology (see University Policy 07.100 ).
   20. 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.
   21. Gambles for money or other items of value in violation of North Carolina state law; this includes playing of cards or other games of chance or skills for money or other items of value.
   22. 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.
   23. 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 ).
   24. 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.
   25. Demonstrates and/or assembles in violation of North Carolina General Statutes.
   26. Conducts themselves in a manner which may be in violation of any North Carolina and/or Federal criminal law.
   27. Disrupts the Student Conduct Process
       1. Attempts to discourage an individual’s proper participation in, or use of, the campus conduct system.
       2. Attempts to influence the impartiality of the hearing officer, conduct board member or appeal administrator.
       3. Harasses and/or intimidates a hearing officer, conduct board member, appeal administrator, or witness prior to, during, and/or after a student conduct proceeding.
       4. Influences or attempts to influence another person to commit an abuse of the conduct system.
3. 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.  The Vice Chancellor for Student Affairs and Dean of Students may delegate their authority to perform any of the duties assigned to that official in the Code of Student Life. All references to the Vice Chancellor for Student Affairs and/or Dean of Students include any such designee.

1. 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.
2. 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.
3. 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.
4. 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:
   1. Find no basis for the complaint and dismiss the allegation as unfounded, or
   2. 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.
   3. Proceed administratively by informing the respondent of the following options for resolution of the disciplinary charges during the pre-hearing meeting:
      1. 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.
      2. 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.
      3. Agree to the charge(s) and elect for CCB to determine an appropriate
      4. 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).
5. 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.
6. STUDENT RESPONSIBILITIES
   Participants in the student conduct process have the following responsibilities:
   1. To know and adhere to the UNCW Code of Student Life .
   2. To be honest and complete in all information they provide in the process.
   3. To attend all meetings or hearings in a timely manner.
   4. For respondents to complete any imposed sanctions on time and consistent with the decision in their case.
   5. To participate in a manner that is civil and respectful.
7. STUDENT RIGHTS
   All students are entitled to the following rights prior to a campus conduct hearing:
   1. To a pre-hearing meeting with a university hearing officer where rights, responsibilities and procedures are explained.
   2. To written notice of the charge(s). In the event that additional charges are brought, additional written notice must be forwarded to the respondent.
   3. 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.
   4. 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.)
   5. 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.
   6. 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.
   7. To know the identity of witnesses testifying against them.
   8. 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.
   9. 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.
   10. 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.
   11. To have the hearing conducted as outlined in the UNCW Code of Student Life .
   12. To have one level of institutional appeal as outlined in the UNC Policy Manual 700.4.1.
       
       
8. 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:
   1. Advise the respondent concerning the preparation and presentation of their case.
   2. Accompany the respondent to all conduct proceedings as requested by the respondent.
   3. 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 04.13 0 and the Title IX Grievance Policy 02.210 .
9. 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:
   
                                   a.  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.
   
   
   1. 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.
      
      
      1. 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:
         1. The identity of the licensed attorney or non-attorney advocate;
         2. Whether the individual is a licensed attorney or non-attorney advocate;
         3. An address, telephone number and e-mail address where the licensed attorney or non- attorney advocate can be reached.
      2. 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.
      3. 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:
         1. UNCW Code of Student Life , and
         2. Section 700.4.1 and 700.4.1.1 of the UNC Policy Manual .
   2. 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.
10. PROCEDURAL STANDARDS FOR ADMINISTRATIVE HEARINGS
    1. 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.
    2. 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.
    3. 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.
    4. 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.
11. ADMINISTRATIVE HEARING PROCEDURE
    1. 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.
    2. Administrative conduct hearings are closed hearings which are closed to the general public.
    3. 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 :
       1. A written notice of the charge including possible sanctions.
       2. Review of all available information, documents and exhibits.
       3. A list of witnesses that may testify against him/her.
       4. An outline of student rights.
       5. 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.
       6. In cases that may result in expulsion, the written notice will specify that expulsion precludes matriculation at any UNC constituent institution.
       7. Written notice will be sent via e-mail.
    4. Reasonable extensions of time for either party to prepare for the hearing may be allowed.
    5. The dean of students/designee shall:
       1. set the date, time and place for the hearing.
       2. summon university witnesses and prepare evidence for each hearing.
       3. notify the respondent in writing of the following:
          1. 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.
          2. the names of witnesses who may testify against the respondent.
          3. the charges against him/her.
          4. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. 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.
    11. 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.
12. 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 senior associate dean of students/designee shall serve as the designated appellate officer. The decision of the senior associate dean of students/designee is final.
    
    For suspension level cases, the dean of students/designee shall serve as the designated appellate officer.
    1.  Procedure
       1. 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:
          1. an alleged violation of the rights guaranteed the respondent has occurred;
          2. the sanction is too severe for the violation; or
          3. new evidence has developed which has bearing on the outcome.
       2. 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.
       3. 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.
       4. 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).
       5. 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.
       6. 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.
       7. 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.
       8. 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:
          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.
13. 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). 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. The University does not want the fear of repercussions for reporting to be a barrier for seeking help. To mitigate barriers to requesting medical aid that may be caused by consumption or use of alcohol or drugs, medical amnesty shall apply to: 
      
      • Students who request medical aid for themselves;
      • Students who request medical aid for another student(s);
      • Students for whom medical aid is rendered; and/or
      • Students and/or organizations who are victims and/or witnesses of a crime (including, but not limited to, sexual misconduct, interpersonal violence, assault, theft, or vandalism) and may have simultaneously violated University policy regarding the possession, consumption, or use of alcohol and/or drugs.
    • 
      

      In the situation where a student needs medical assistance, the student(s) who requests and/or receives emergency medical aid and fully complies with University, medical, and/or law enforcement personnel will not be issued disciplinary sanctions nor have conduct files created for the use or possession of alcohol and/or drugs that occurred in connection with the reported 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. 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. The Office of the Dean of Students will maintain a record of the accepted action plan for eight (8) years in accordance with the University record retention policy. The maintained record is internal to the University and will not be disclosed as part of any prior conduct records, except as required by law.
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 which relates to alcohol, and General Statute § 90-96.2, which relates to drugs.

(includes some shared language used from UNC-Charlotte and University of Montana)

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

1. CAMPUS CONDUCT BOARD
   1. 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:
      1. Five (5) students recommended by the Student Government Association and appointed by the chancellor.
      2. Two (2) faculty members recommended by the chairperson of Faculty Senate and appointed by the chancellor.
   2. The dean of students/designee will select and train CCB members to serve as
   3. Quorum shall consist of a minimum of four (4) members, one (1) faculty member.
   4. Selection
      1. Students recommended by Student Government Association and chancellor for appointments to CCB are selected through a campus wide application process.
      2. 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.
      3. Vacancies occurring during the course of the year will be filled by the vice chancellor for student affairs.
      4. Members of CCB become active members only after they have been trained by the Office of the Dean of Students.
      5. 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.
   5. Jurisdiction of CCB
      1. CCB may have, at the request of a respondent or the dean of students/designee, original jurisdiction in conduct cases.
      2. 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.
2. PROCEDURAL STANDARDS FOR CCB CASES
   1. 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.
   2. 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.
   3. 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.
   4. 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.
3. CAMPUS CONDUCT BOARD HEARING PROCEDURE
   1. Prior to a hearing, the respondent is entitled to the rights outlined in II-2-G.
   2. 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.
   3. CCB hearings are closed hearings which are closed to the general public.
   4. Prior to a hearing in cases which may involve suspension or expulsion, the respondent is entitled to the following:
      1. A written notice of the charge(s) including possible sanctions.
      2. Review of all available information, documents, exhibits.
      3. A list of witnesses that may testify against him/her.
      4. An outline of student rights.
      5. 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.
      6. In cases that may result in expulsion, the written notice will specify that expulsion precludes matriculation at any UNC constituent institution.
      7. Written notice will be sent via e-mail.
   5. Reasonable extensions of time for either party to prepare for the hearing may be allowed.
   6. The dean of students/designee shall:
      1. set the date, time and place for the hearing.
      2. summon university witnesses and prepare evidence for each hearing.
      3. notify the respondent in writing of the following:
         1. 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.
         2. the name of the person appointed to serve as chairperson of CCB.
         3. the names of witnesses who may testify against the respondent.
         4. the charges against him/her.
         5. 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.
   7. 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.
   8. 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.
   9. 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.
   10. 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.
   11. 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.
   12. CCB shall proceed generally as follows during the hearing:
       1. CCB chairperson states the hearing is closed to the public.
       2. 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.
       3. The dean of students/designee presents the university's case and may call witnesses.
       4. The respondent and the CCB may question the university and/or each witness called.
       5. The respondent presents their case and may call any witnesses they have present.
       6. The university and the CCB may question the respondent and/or each witness called.
       7. 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.
       8. CCB deliberates in closed session and decides whether the respondent is responsible or not responsible for each charge.
       9. If the CCB finds the respondent not responsible for all charges, the hearing is concluded.
       10. 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.
       11. 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.
       12. CCB deliberates in a closed session and determines an appropriate sanction.
       13. 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.
   13. The student conduct file is confidential and consists of:
       1. the original referral.
       2. all correspondence directed to the respondent.
       3. all material presented to, or considered by, CCB.
       4. the official case resolution form (also known as the “decision of hearing”).
       5. appeal documentation submitted, if any.
4. 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 senior associate dean of students/designee shall serve as the designated appellate officer. The decision of the senior associate dean of students/designee is final.
   For suspension level cases, the dean of students/designee shall serve as the designated appellate officer.
   1.  Procedure
   2. The function of the designated appellate officer in hearing an appeal is that of reviewing the action of CCB to determine if:
      1. an alleged violation of the rights guaranteed the respondent has occurred;
      2. the sanction is too severe for the violation; or
      3. new evidence has developed which has bearing on the outcome.
   3. 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.
   4. 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.
   5. 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).
   6. 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.
   7. 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.
   8. 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.
   9. 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:
      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.

II-4  AUTHORIZED DISCIPLINARY SANCTIONS

1. 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.
   
   Final Probation- A final notice to a student that may be imposed, dependent on the severity of the violation when a student: a) violates the Code of Student Life while on disciplinary probation, and/or b) fails to complete previously imposed sanctions. Students found responsible for any further violation of the Code of Student Life while on final probation may be suspended from the University. A student placed on final probation is considered not to be in good standing with the university and may be prohibited from participating in certain university experiences and opportunities.
   
   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).
2. 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.
3. 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

1. 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.
2. 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.
3. 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.
4. 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.

1. 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:
   1. A serious risk of disruption of the academic environment.
   2. A serious risk of interference with the rights of other members of the university community.
   3. A serious risk or continuing danger to university property.
   4. A serious risk or continuing danger to members of the university community.
2. OFFENSES
   An example of student behavior that may come within the jurisdiction of the Committee includes, but is not limited to:
   1. 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.
   2. Students subject to summary suspension and who request a hearing to review their case .
   3. Students or student organizations charged with serious violations.
3. 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.
4. COMMITTEE ACTION IN SPECIFIED SITUATIONS
   1. 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.
   2. 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.
5. 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 .
   
   
6. 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:
   1. an alleged violation of the rights guaranteed the respondent has occurred;
   2. the sanction is too severe for the violation; or
   3. 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).

IV-1  INTRODUCTION

Students at UNCW are encouraged to organize and join associations to explore their common interests and develop knowledge and skills. Student organizations wishing to be registered with UNCW must form and operate in compliance with university policies. It is through our registered student organizations that the university is able to promote a sense of community and offer students the opportunity to pursue the practice of involvement, leadership, engagement and service.

Although critical to the fabric of campus life, student organizations are independent organizations and are not considered to be an extension of the university. Unless the university has specifically requested that a student organization host an event (and by doing so has deemed the organization an agent of the university), the student organization will not be covered by the university’s insurance.

A registered student organization is defined as a group of five (5) or more currently enrolled University of North Carolina Wilmington students who unite around a common interest. Student organizations may have other non-student members as part of the student organization but these non-student members may not be considered voting members. Unless more specific membership requirements are provided by the appropriate advisory council (appropriate advisory councils are Student Organizations Committee, Sport Club Council, Graduate Student Association, Panhellenic Council, National Pan-Hellenic Council, the United Greek Counsel, and the Interfraternity Council), this section outlines university policies pertaining to the formation and operation of registered student organizations, including actions that may be taken by the university for noncompliance with these policies. In addition to the policies established in this section, organizations must also adhere to all policies set forth by their respective governing bodies.

IV-2  STUDENT ORGANIZATIONS COMMITTEE

1. Student Organizations Committee (SOC), a standing advisory committee of the chancellor, has the responsibility of reviewing all student organizations for registration and recommending policy and processes to the The committee has 14 members: five students appointed by Student Government Association for one year, renewable terms and five faculty appointed by the chancellor for three-year terms. The Dean of Students, the Executive Director of Campus Life, the Director of Student Involvement and Leadership, and the Associate Director of Student Involvement are all ex-officio members and serve as advisors without a vote.
   A chairperson will be elected each year by majority vote and will begin his/her term with the first meeting of the fall semester. The position of the chairperson is only open to voting members of the committee. The Assistant Director for Campus Activities & Involvement will fulfill the role of the convener and will work with the chairperson to prepare for all meetings. The chairperson shall attend and preside over all meetings. S/he shall also sign all official documents of the SOC.
   The convener shall call meetings and arrange to notify members of the committee with a minimum of four days advance notice. S/he shall also maintain all minutes and official documents and keep accurate files in the Campus Activities & Involvement Center.
   The chairperson may be removed from office by at least a two-thirds vote of the SOC for non- fulfillment of duties. In the event that the chairperson leaves or is removed before completing the term of service, a replacement will be elected by the voting members to serve to the end of the term.
2. Responsibilities of the committee include:
   1. Reviewing, approving and revoking registration of student organizations.
   2. Formulating, reviewing and approving policies governing student organizations for submission to the chancellor for final approval.
   3. Considering appeals that pertain to registration procedures.
   4. The SOC has continuing authority to review the purpose and activities of any registered student organization and to classify organizations in categories according to risk associated with their activity. The SOC has continuing authority to require participants of any registered student organization and the organization itself 1) to maintain appropriate insurance coverage and to submit proof of coverage, and/or 2) to submit valid waiver(s) of liability or assumption of risk statement(s) that protect(s) the university to the greatest extent possible from the risk of liability because of the activities of the organization.

IV-3  APPLYING FOR REGISTRATION AS STUDENT ORGANIZATION

1. Students planning to develop a student organization must register their intent and provide written justification for the organization’s establishment in the Campus Activities & Involvement Center (CAIC), including a draft constitution, and must have at least five (5) University of North Carolina Wilmington currently enrolled students interested in starting the organization. Groups which have filed this “Intent to Register Form” and submitted the draft constitution shall be granted provisional status and the use of university facilities for organizational or recruitment meetings. Organizations under this status are not eligible to reserve university space for events, fundraise on campus or establish an on-campus If the registration process is not complete within 30 days, provisional status and permission for use of university facilities and services may be terminated (see Section VII), and pending reservations may be cancelled.
2. To apply officially to SOC for registration, a group must submit a copy of its constitution at the Campus Activities and Involvment Center (CAIC). The staff in CAIC will then work with the group on its constitution to prepare it for SOC review. The group must submit a final draft one week prior to the scheduled SOC meeting at which the constitution will be reviewed.
3. One of the following decisions will be made after a constitution is submitted to the SOC:
   1. The constitution will be approved.
   2. The constitution will be approved with suggestions for minor revisions.
   3. The constitution will be rejected because major revisions are required.
4. The final stage of the registration process is to meet with a Student Involvement staff member or Involvement Specialist to learn about the resources and benefits of being a student organization and set up the organization’s WaveLink account.
5. Once an organization has been approved, the Student Involvement staff will provide current guidelines, policies, procedures, and Registered student organizations must then continue to re- register annually each spring.

IV-4  RIGHTS/PRIVILEGES OF REGISTERED STUDENT ORGANIZATIONS

1. A registered student organization is entitled to:
   1. Be listed as a registered student organization. Only student organizations registered by SOC and in good standing with the university (meaning not on disciplinary probation) may use the name of the university or an abbreviation of it as a part of their name.
   2. Sponsor or present a public event on university property. Organizations undertaking this activity may consult with the Student Involvement staff for procedures and approval.
   3. Raise funds or make other permissible solicitations on university property in accordance with university policy (see Section VI-3).
   4. Reserve the use of university facilities and services (see Section VI and VII-3).
   5. Be eligible for possible funding by the UNCW Student Government Association according to Student Government Association guidelines.
   6. Be listed on the “Student Organizations” web page for UNCW.
   7. Appoint or elect an advisor of the organization’s choice; although strongly recommended, an advisor is not required.
   8. Utilize the resources and services provided in the Involvement Center.
   9. Have access to technological resources provided by ITSD such as a web page, UNCW e- mail account and file sharing/storage space on the student server.
2. Policies and actions of a student organization will be determined by those persons who hold a bona fide membership in the organization.

IV-5  RESPONSIBILITIES OF REGISTERED STUDENT ORGANIZATIONS

A registered student organization must:

1. Adhere to all university policies and procedures governing student organizations including:
   1. Adhere to student standards of conduct (II-2)
   2. Reserving space (VI-1)
   3. Posting publicity such as posters and banners (VI-3)
   4. Political and religious activity (VI-4)
   5. Solicitation both on and off campus (VI-5)
   6. Responsible use of information technology resources (Policy 07.100)
   7. Event registration
   8. Dances
   9. Travel guidelines
2. Have five (5) or more currently enrolled University of North Carolina Wilmington students. Student organizations may have non-student members as part of the student organization but these non-student members are not considered voting members nor may they serve in an official capacity on behalf of the organization.
3. Update organization information, including officer contact information, with Student Involvement through WaveLink, the online student organization information database, by the date set annually (date is published in student organization registration materials and posted on-line at uncw.edu/studentorgs). In addition, student organizations must register a complete list of officers and other members of the organization who are authorized to speak for or represent the organization and who are designated to (including, but not limited to) sign paperwork, reserve space, file and manage appropriations and receive for the organization official notices, directives or other information from the university. Advisors (non-students) may not be designated to act on behalf of the student organizations in the above stated areas. Authorized individuals shall be kept current and accurate throughout the year by the organization.
4. Maintain a current electronic file through WaveLink of its SOC approved constitution which includes the stated mission of the organization. The stated mission must have a direct correlation to the purpose of the organization. In the event that the organization revises its constitution, the revised document must be submitted at CAIC for review. This document should include a dateline to reflect when organization approval was obtained and should be supported by documentation of the changes that were made (i.e. meeting minutes, signatures of approval, etc.)
5. Send at least one representative to a Re-Registration Seminar to receive policy and resource information related to student organizations as well as training on how to effectively coordinate events on behalf of an organization.
6. If funded by SGA, use a UNCW account for deposit and use of funds. In addition, if funded through a SGA operational budget, send at least one student representative to meet with the Campus Life Business Manager to discuss funding policies and procedures.
7. Advertise or promote events or activities in a manner that does not suggest falsely that the event or activity is sponsored by the university.
8. Plan and conduct activities furthering the purpose of the group as stated in its constitution.
9. Adhere to all national policies if nationally affiliated.
10. State that sponsorship of guest speakers does not necessarily imply approval or endorsement of the views expressed by UNCW.
11. Social fraternities and sororities must be advised by Fraternity and Sorority Life and/or Student Involvement and must adhere to the policies outlined by said office.
12. If a Greek-lettered organization, through its affiliation with a Greek Council, is advised by Fraternity and Sorority Life, they must register all social events with FSL a minimum of 5 business days before an event and submit a guest list 24 hours prior to the event start time. The link for registered events is can be found HERE. This registration process is designed so the university may help chapters host safe events by providing the necessary resources, including but not limited to those outlined in the Recommended Guidelines for Fraternity and Sorority Events with Alcohol, which are adapted from the North Amerian Interfraternity Conference Alcohol & Drug Guidelines. Annually, beginning each August, the response for non-registration of a chapter social event will be a required meeting with a staff member in Fraternity and Sorority Life. Subsequent violations may result in a formal conduct charge of “failure to comply” through the Office of the Dean of Students.
13. If affiliated with the Sport Club Council; each member must submit a waiver and have it on file with the Competitive Sports Office prior to participation in any practice, competition or other physical activity; complete a swim test as required for all water based activities; file required float or route plans prior to activities; submit an Event Request form ten (10) business days prior to the event date and attend a home event meeting the week prior to the event; submit a Travel Request ten (10) business days prior to the date of travel to the Coordinator of Competitive Sports-Sport Clubs and attend a pre-trip meeting the week of the travel.
14. It is the policy of UNCW that registered student organizations practice an open membership policy for members of the university community without regard to age, color, disability, national origin, race, religion, military service member or veteran status or sexual orientation. Membership and participation in registered student organizations must be open to all currently registered students without regard to gender, unless exempt under Title IX (See Federal Law I).
15. Registered student organizations that select their members on the basis of commitment to a set of beliefs (e.g., religious or political beliefs) may limit membership and participation in the group to students who, upon individual inquiry, affirm that they support the group and agree with its beliefs, so long as no student is excluded from membership or participation on the basis of his or her age, race, color, national origin, disability, religious status or historic religious affiliation, military veteran or service member status, sexual orientation, or, unless exempt under Title IX, gender.
16. All fee sponsored programming must be open to the entire university All registered student organizations and their leaders must further comply with the UNCW Code of Student Life, University policies and applicable state, federal and local laws.
17. Provide proof of general liability insurance to hold certain activities using university facilities, as registered student organizations are not covered by the university’s liability insurance.

IV-6  REGULATIONS FOR REGISTERED STUDENT ORGANIZATIONS HOSTING SPEAKERS/EVENTS

1. When a student organization sponsors a third party speaker/event, a student organization representative must serve as the main point of contact for planning the event and reserving university space. The Student Involvement and Campus Life Events and Reservations staff will work directly with student organization leaders when reserving space or planning event logistics.
2. Student organization leaders must be present throughout the entire event. This includes all planning meetings, pre speaker/event set-up and load in, through the entire performance/event, and for the entirety of post event break down and clean up. The sponsoring student organization will be required to have representatives available throughout the speaker/event to answer questions or respond to concerns. These organizational representatives will be given a button or laminate provided by the Student Involvement staff so they are easily identifiable to staff, students, and audience members.
3. The Campus Life Events and Reservations office will forward reservation requests for speakers/events to the University Police for guidance on security and crowd control staffing needs.
4. Once University Police make a recommendation for security personnel, all fees associated with security needs will be charged to the sponsoring student organization.
5. All charges for audio-visual needs, extended hours fees, security fees, or other required charges will be paid by the sponsoring student organization No third party payment(s) will be ccepted for a student organization-sponsored event using space as a Tier One user. It is also important to note that any event which requires a registration or attendance fee is automatically subject to room rental fees (see UNCW Facilities Use Policy-02.140).
6. Student organizations are required to include the statement that sponsorship of guest speakers does not necessarily imply approval or endorsement of the views expressed by UNCW. This information should be included in advertisements for the speaker/event (see Code of Student Life Section V-5-J).

IV-7  ANNUAL REVIEW OF ORGANIZATIONS

1. Annually, in the spring semester, the Student Involvment staff shall review the status of all organizations to determine whether they meet eligibility requirements specified previously and are conducting their affairs in accordance with SOC guidelines and policies outlined in the UNCW Code of Student Life. Specific deadlines for registration materials will be set by CAIC each spring semester (deadline date is published in Student Involvement registration materials and posed on-line at uncw.edu/studentorgs).
2. If Student Involvement determines that an organization has not completed the re-registration process; is ineligible for renewal of registration; is inactive, or conducts its affairs in violation of university policies and procedures; the organization shall be notified in writing of each deficiency. If the organization fails or refuses to attempt to remedy each deficiency, Student Involvement staff may place the organization in provisional status, thus limiting its privileges until all requirements are fulfilled, or deem the organization as inactive. Organizations may submit a written appeal of Student Involvement's classification to the SOC within ten (10) business days of being notified.
3. A student organization which is inactive for more than four consecutive semesters may reapply for registered status by submitting an “Intent to Register Form” and draft constitution as though it were a new student organization.
4. If, upon review, the SOC discovers that a student organization has revised its constitution so that it no longer complies with university policy, the organization will be notified in If the constitution is not revised within ten (10) business days, the organization’s registration status and all its privileges will be revoked. Should the student organization choose to revise its constitution after the ten (10) days, it must submit an “Intent to Register Form” and draft constitution as though it were a new student organization.

IV-8  GOVERNING BODIES

The SOC has established thirteen (13) categories of student organizations. These categories are Academic, Professional, MultiCultural, Graduate Student Associations, Fraternities and Sororities, Honorary, Media, Political/Activist, Religious, Performance/Visual Arts, Service, Special Interest and Sports and Recreation. In addition, there are nine established governing bodies: Student Government Association, Interfraternity Council, Panhellenic Council, National Pan-Hellenic Council, United Greek Council, Residence Hall Association, Student Media Board, Graduate Student Association and the Sport Club Council. Governing bodies serve to represent, connect and provide services for other student organizations with similar missions and/or student populations that fall under their jurisdiction. 

The CCB plus two (2) designees from the appropriate advisory council (appropriate advisory councils are SOC, Sport Club Council, Graduate Student Association, Interfraternity, Panhellenic Council, United Greek Council, and National Pan-Hellenic Council) would serve as the original hearing body for any conduct issues.

IV-9  INITIATION OF PRELIMINARY INVESTIGATION, DISCIPLINARY PROCEEDINGS AND ADMINISTRATIVE DISPOSITION FOR STUDENT ORGANIZATIONS

Under the direction of the chancellor, the vice chancellor for student affairs has primary responsibility and authority for the administration of student organization 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 disciplinary bodies, such as Student Organization Conduct Board (SOCB) and the Committee on Extraordinary Disciplinary Emergencies (CEDE). (See also 700.4.1.1.)

1. FILING COMPLAINTS
   At the request of any registered student organization, staff member, faculty member or student; or based on a complaint about the organization or its members; or based on alleged policy violations, the university may initiate a preliminary investigation. Grounds for conduct review include, but are not limited to, alleged violation of rules by the organization as listed in Section II-1-B.
2. DISCIPLINARY CORRESPONDENCE
   All disciplinary correspondence will be sent to the student organization president via their UNCW e-mail address. The University of North Carolina Wilmington regards e-mail as an official method of communication with students, staff and faculty. The university reserves the right to use other reasonable means to notify a student organization.
3. STANDARD OF PROOF
   The standard of proof for all student organization conduct cases will be preponderance of evidence which means there is greater than a 50% likelihood the student organization is responsible for the alleged violation(s).
4. PRELIMINARY INVESTIGATION
   When the dean of students/designee receives information that a student organization 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.
   During the preliminary investigation/conduct review process, the president of the student organization plus one additional executive board member from the student organization, will be permitted to represent the student organization. Prior to disciplinary action or sanctioning, the Office of the Dean of Students shall investigate the alleged violation(s).
5. ADMINISTRATIVE MEASURES
   SUMMARY SUSPENSION
   1. Summary suspension is an action requiring that a student organization immediately suspend all operations. It may be imposed upon a student organization by the vice chancellor for student affairs/designee when there is reasonable cause to believe, based on available information, that the student organization may be an immediate threat to the safety of its membership, other members of the university community or university property or is disruptive without relief to the university community.
   2. Any student organization suspended on a summary basis and continues to operate during the suspension shall be subject to further disciplinary action.
   3. When a student organization is suspended on a summary basis, the organization is given notice containing the reasons for suspension, the duration and any conditions that apply and a link to the website for the UNCW Code of Student Life. A student organization 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 to determine the responsibility or non- responsibility of the student organization charged and the appropriate sanction and whether the conditions of the summary suspension should continue. A regular hearing, where normal procedures apply, before the SOCB or the CEDE, shall normally be conducted within five (5) business days of the student organization’s request for a The vice chancellor for student affairs/designee will make the final decision on whether the case will be reviewed by the SOCB or the CEDE. Reasonable extensions of time may be permitted.
      WITNESSES
      Witnesses that have been interviewed by the university may be called to testify at a student organization’s conduct hearing. A student organization’s members are expected to refrain from any intrusion, harassment or retaliatory behaviors against any witnesses involved in a UNCW preliminary investigation and/or conduct hearing. Reports of improper behavior may be investigated by the Office of the Dean of Students and, if substantiated, may result in the student organization and any individuals involved facing formal campus conduct charges.
      CEASE AND DESIST ORDERWhen a student organization is under investigation for an alleged violation of the Code of Student Life, a cease and desist order may be implemented by the Office of the Dean of Students. The cease and desist order requires that a student organization cease and desist all actions and operations, with the exception of meetings by the general membership to discuss the reported situation and possibly to prepare for a conduct hearing. Failure to adhere to the cease and desist order will result in a charge of the Code of Student Life Section II-1-B-10 for failure to comply with university directives.
6. SUMMONING A STUDENT ORGANIZATION PRESIDENT FOR A CONFERENCE OR PRE-HEARING MEETING
   Should a student organization president not appear when requested by the dean of students/designee, the dean of students/designee may formally summon the student organization president to appear for a conference or pre-hearing meeting in connection with an alleged violation by sending them notification (pursuant to Section V-9-B).
   A conference is a meeting where the dean of students/designee will share information with the student organization president related to a report that has been filed with the university to make the organization aware that they are being investigated. The university may also inquire of the student organization’s knowledge or involvement related to the alleged incident(s).
   A pre-hearing meeting is designed to acclimate the student organization to the campus conduct process. It includes familiarizing the student organization president with student organization rights and responsibilities, explaining the charge(s), hearing options, and options for consultation during the process.
   This notification shall direct the student organization president to appear at a specified date, time and place not less than three (3) business days later. The letter shall also describe briefly the alleged violation(s).
   
   
7. PRE-HEARING MEETING AND HEARING OPTIONS
   After completing a preliminary investigation, the Office of the Dean of Students may:
   1. Find no basis for the complaint and dismiss the allegation as unfounded; or
   2. Summon the student organization president for a conference, or,
   3. Summon the student organization president for a pre-hearing meeting. If the student organization president fails to respond to a notification and the required pre- hearing meeting, they forfeit the option to request whether the case is heard administratively or by the SOCB. The student organization president will be notified by e-mail sent five (5) business days prior to a hearing before an administrative hearing officer or the SOCB.
   4. Proceed administratively by informing the student organization president of the following options for resolution of the disciplinary charges during the pre-hearing meeting:
   5. Disagree with the charge(s) and request a hearing before the SOCB. The SOCB is comprised of two (2) students currently serving on CCB (CCB), one (1) faculty member currently serving on Campus Conduct Board and two (2) student designees from the appropriate governing body from which the student organization is a member (governing bodies include: the Student Organization Committee, Sport Club Council, Graduate Student Association, Interfraternity, Panhellenic Council and National Pan-Hellenic Council). If the student organization is found to be responsible by the SOCB, appropriate sanctions will be determined.
   6. Agree to the charge(s) and elect for the SOCB to determine appropriate sanctions.
   7. Agree to the charge(s) and elect for an administrative hearing before the dean of students/designee to determine an appropriate The dean of students/designee may elect not to hear the case, in which case the matter would be heard by the SOCB. If the student organization is found to be responsible by the dean of students/designee, appropriate sanctions will be determined.
   8. Agree to the charge(s) and request an immediate administrative “sanctioning” hearing which is conducted by the dean of students/designee to determine appropriate sanctions for an organization based on its acceptance of responsibility for the/all charge(s). The dean of students/designee may elect not to hear the case. The case would then be heard be the SOCB.
      If the student organization president or designee fails to appear, all allegations against the student organization shall be deemed to be denied. When appropriate, sanctions will be determined and the student organization president will be notified by e-mail.
8. STUDENT ORGANIZATION RESPONSIBILITIES
   Student organizations in the student conduct process have the following responsibilities:
   1. To know and adhere to the UNCW Code of Student Life.
   2. To be honest and complete in all information they provide in the process.
   3. To attend all meetings or hearings in a timely manner.
   4. To complete any imposed sanctions on time and consistent with the final decision in their case.
   5. To participate in a manner that is civil and respectful.
9. STUDENT ORGANIZATION RIGHTS
   All student organizations are entitled to the following rights prior to a student organization conduct hearing:
   1. To a pre-hearing meeting with the dean of students/designee where rights, responsibilities and procedures are explained.
   2. To written notice of the charge(s). In the event that additional charges are brought, additional written notice must be provided to the student organization president.
   3. To review all available information, documents, and a list of witnesses that may testify against the organization. This is a continuing obligation of the dean of students/designee.
   4. To choose an Administrative or SOCB hearing. (The dean of students/designee may elect not to hear the case. The case would then be heard by the SOCB.
   5. To appear in person, hear all testimony and present any relevant information on the student organization’s behalf, call witnesses and ask questions of any witnesses at the hearing.
   6. To elect not to appear at the hearing, in which case the hearing shall be conducted in absentia (in the student organization's absence). A student organization that elects not to appear at a hearing may not be represented by a university advisor, licensed attorney or non-attorney advocate at the hearing.
   7. To know the identity of witnesses testifying against them.
   8. To a university advisor, licensed attorney or non-attorney While the licensed attorney or non-attorney advocate may participate to the same extent as the student organization’s president, the university advisor may not actively participate in the hearing.
   9. 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.
   10. 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.
   11. To have the hearing conducted as outlined in the UNCW Code of Student Life.
   12. To have one level of institutional appeal.
10. UNIVERSITY ADVISORS, LICENSED ATTORNEY & NON-ATTORNEY ADVOCATES (UNC Policy 700.4.1.1)
    UNIVERSITY ADVISORS
    Upon the request of the student organization president, the Office of the Dean of Students will appoint a university advisor to assist a student organization prepare for a hearing. The advisor may not speak on the student organization’s behalf at the hearing. The advisor’s role is to:
    a.  Advise the student organization concerning the preparation and presentation of its case;
    b.  Accompany the student organization to all conduct proceedings as requested by the organization; and
    c.  Have access to all materials relating to the case as provided by the student organizations.
    LICENSED ATTORNEY & NON-ATTORNEY ADVOCATES
    Student organizations that have been accused of a violation of the Code of Student Life may be represented by a licensed attorney or non-attorney advocate during an administrative or SOCB hearing.
    A student organization that 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 student organization 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 organization who chooses a licensed attorney or non-attorney advocate will be responsible for any expenses that may be incurred.
    1. 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 organization in a conduct hearing, the student organization must provide the Office of the Dean of Students with the two (2) documents described below. These two (2) documents must be submitted within five (5) business days following the pre-hearing.
       1. Notice of Representation
          Student organizations 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:
          1. The identity of the licensed attorney or non-attorney advocate;
          2. Whether the individual is a licensed attorney or non-attorney advocate;
          3. An address, telephone number and e-mail address where the licensed attorney or non-attorney advocate can be reached.
       2. Certification by Licensed Attorney or Non-Attorney Advocate
          Student organizations 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:
          1. UNCW Code of Student Life, and
          2. Section 4.1 and Section 700.4.1.1 of the UNC Policy Manual.
    2. 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 organization 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 conduct hearing in which a licensed attorney or non-attorney advocate represents a student organization.
11. PROCEDURAL STANDARDS FOR ADMINISTRATIVE CASES
    1. 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 organization charged with an infraction under the UNCW Code of Student Life shall be presumed not responsible until proven responsible by a preponderance of evidence.
    2. 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.
    3. SOCB records are maintained in the Office of the Dean of Students. A written record of the proceedings and action taken will be filed with SOCB and the appropriate office responsible for the student organization (Fraternity and Sorority Life, Student Involement, Campus Recreation, etc.)
    4. 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 student organization 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, an administrative hearing officer may be appointed by the dean of students/designee to serve for the duration of the hearing.
12. ADMINISTRATIVE HEARING PROCEDURE
    1. Prior to a hearing, the student organization is entitled to rights outlined in Section V-9-I.
    2. If a student organization 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 hearing. The student organization president may waive all or part of the five (5) business days written notice requirement. All waivers shall be submitted in writing to the Office of the Dean of Students.
    3. Administrative conduct hearings are closed hearings which are closed to the general public.
    4. Prior to a hearing in cases which may involve suspension, the student organization is entitled to the following:
       1. A written notice of the charge(s), including possible
       2. Review of all available information, documents and
       3. A list of witnesses that may testify against the
       4. An outline of student organization
       5. A formal hearing date scheduled no less than ten (10) business days after the student organization receives notice of the referral, unless the student organization waives the limit and agrees to an earlier hearing date. Waivers are voluntary and must be in writing and signed by the student organization president and the dean/designee.
       6. Written notice will be sent via e-mail to the student organization
    5. Reasonable extensions of time for either party to prepare for the hearing may be allowed.
    6. The dean of students/designee shall: 
       1. Set the date, time and place for the hearing.
       2. Summon university witnesses and prepare evidence for each hearing.
       3. notify the student organization president in writing of the following:
          1. 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.
          2. The names of witnesses who may testify against the student organization.
          3. The charges against the student organization.
          4. The dean of students/designee may question a student testifying on the student organization’s behalf or question the members of the student organization if they testify on behalf of the student organization.
    7. If a student organization chooses to present witness testimony at an administrative hearing it is the student organization’s responsibility to notify the 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.
    8. If the student organization 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 student organization’s absence, as has been outlined.
    9. 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 student organization in writing.
13. STUDENT ORGANIZATION CONDUCT BOARD (SOCB)
    1. The SOCB is activated when a student organization requests a hearing before the SOCB or if a case is referred by the dean of students/designee. The associate vice chancellor for student affairs/designee serves as the advisor to SOCB. The members are:
       1. Two (2) students currently serving on CCB.
       2. One (1) faculty member currently serving on CCB.
       3. Two (2) student designees from the appropriate governing body from which the student organization is a member (appropriate governing bodies are Student Organization Committee, Sport Club Council, Graduate Student Association, Interfraternity, United Greek Council, Panhellenic Council and National Pan-Hellenic Council).
    2. The dean of students/designee will select and train SOCB members and chair.
    3. A fully comprised board constitutes a quorum.
    4. Jurisdiction of SOCB
       SOCB may have, at the request of a student organization or the dean of students/designee, original jurisdiction in student organization conduct cases.
14. PROCEDURAL STANDARDS FOR SOCB CASES
    1. 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 organization charged with an infraction under the UNCW Code of Student Life shall be presumed not responsible until proven responsible by a preponderance of evidence.
    2. In all cases, formal rules of evidence shall not be strictly followed by the SOCB; 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.
    3. SOCB records are maintained in the Office of the Dean of Students. A written record of the proceedings and action taken will be filed with SOCB and the appropriate office responsible for the student organization (Office of Student Leadership and Engagement, Campus Activities and Involvement Center, Campus Recreation, etc.)
    4. 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 student organization 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.
15. STUDENT ORGANIZATION CONDUCT BOARD HEARING PROCEDURE
    1. Prior to a hearing, the student organization is entitled to the rights outlined in V-9-I.
    2. If a student organization requests a SOCB 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 The student organization may waive all or part of the five (5) business days written notice requirement. All waivers shall be executed in writing.
    3. SOCB hearings are closed hearings which are closed to the general public.
    4. Prior to a hearing in cases which may involve suspension the student organization is entitled to the following:
       1. A written notice of the charge including possible sanctions.
       2. Review of all available information, documents, exhibits.
       3. A list of witnesses that may testify against the organization.
       4. An outline of student organization rights.
       5. A formal hearing date scheduled no less than ten (10) business days after the student organization president receives notice of the referral, unless the student organization president waives the limit and agrees to an earlier hearing Waivers are voluntary and must be in writing and signed by the student organization president and the dean/designee.
       6. Written notice will be sent via e-mail.
    5. Reasonable extensions of time for either party to prepare for the hearing may be allowed.
    6. The dean of students/designee shall:
       1. Set the date, time and place for the hearing.
       2. Summon university witnesses and prepare evidence for each hearing.
       3. Notify the student organization president in writing of the following:
          1. 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.
          2. The name of the person appointed to serve as chairperson of SOCB.
          3. The names of witnesses who may testify against the student organization.
          4. The charges against the student organization.
          5. The dean of students/designee may question a student testifying on the student organization’s behalf or question the members of the student organization if they testify on behalf of the student organization.
    7. A student organization president 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. SOCB, with good cause, may postpone or continue the hearing and notify all interested persons of the new hearing date, time and place.
    8. If a student organization chooses to present witness testimony at a SOCB hearing it is the student organization’s responsibility to notify 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.
    9. If a student organization 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 student organization’s absence, as has been outlined.
    10. SOCB shall proceed generally as follows during the hearing:
        1. SOCB chairperson states the hearing is closed to the public.
        2. The chairperson of SOCB informs the student organization president of their rights and asks the student organization president whether they agree or disagree to the charge(s) before SOCB.
        3. The university presenter presents the university's case and may call
        4. The student organization president and the SOCB may question the university presenter and/or each witness called.
        5. The student organization president presents their case and may call any witnesses they have present.
        6. The university presenter and the SOCB may question the student organization president and/or each witness called.
        7. The university presenter and the student organization president present rebuttal evidence and final statements. Both the university presenter and the student organization president may make closing statements.
        8. SOCB deliberates in a closed session and decides the issue of responsible or not responsible for each charge.
        9. If the SOCB finds the student organization not responsible for all charges, the hearing is concluded.
        10. If SOCB finds the student organization responsible for one or more charges, the university presenter and student organization president may present evidence and argument on an appropriate sanction.
        11. If SOCB finds the student organization responsible, the university presenter will indicate whether the student organization has any prior findings of responsibility for conduct violations. 
        12. SOCB deliberates in a closed session and determines appropriate sanctions.
        13. SOCB renders a written decision as to whether they find the student organization responsible or not responsible for the charge(s). The decision states the sanction, if any, and the right to appeal. The student organization president and university presenter shall each be given a copy of the A final SOCB 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 student organization president in writing. This will generally occur immediately following the hearing, however may take up to five (5) business days.
    11. The student organization conduct file consists of:
        1. The original referral.
        2. All correspondence directed to the student organization president.
        3. All material presented to, or considered by, the SOCB.
        4. The official case resolution form (also known as the “decision of hearing”).
        5. Appeal documentation submitted, if any.
16. APPEAL PROCEDURE
    The student organization president may submit an appeal to the vice chancellor for student affairs. An “Intent to Appeal” must be filed with the Office of the Dean of Students within two (2) business days after notification of the original decision. The “Request for Appellate Consideration Form” must be submitted within five (5) 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 student organization president in person, or the date stamp of the e-mail sent to the student organization president. Such petition shall be submitted to the Office of the Dean of Students and explain in detail the reason(s) for the student organization’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.
    1.  Procedure
       1. The function of the vice chancellor for student affairs/designee in reviewing an appeal is that of checking the action of the administrative hearing officer or SOCB to determine if:
          1. An alleged violation of the rights guaranteed the student organization has occurred;
          2. The sanction is too severe for the violation; or
          3. New evidence has developed which has bearing on the outcome.
       2. Upon receiving a petition, the vice chancellor for student affairs/designee shall obtain the record of the administrative hearing officer/SOCB. Such record shall include relevant documents, the case resolution form (also known as the “decision of hearing”), case summary, and rationale for supporting the decision.
       3. With this information, the vice chancellor/designee 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 Reasonable extensions of time may be allowed.
       4. If the vice chancellor for student affairs/designee determines that an Appellate Review is granted, the Review shall be held within (5) 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 student organization president of the organization’s rights (as outlined in Section V-9-I).
       5. The vice chancellor for student affairs/designee will review all written correspondence associated with the case, may request additional documents and information from the hearing officer/SOCB, and may invite the student organization president, the original administrative hearing officer/SOCB member(s), and such other persons as deemed appropriate to appear to make statements and respond to questions.
       6. After the Appellate Review is concluded, the vice chancellor for student affairs/designee will make a final decision which will be communicated to the student organization president within two (2) business days.
       7. The vice chancellor for student affairs/designee has the authority to approve, reject or modify the decision in question consistent with this Code or send the appeal to the SOCB for review (if the original decision was made by an administrative hearing officer) or remand the case back to the same SOCB (if the original decision was made by SOCB).
17. COMMITTEE ON EXTRAORDINARY DISCIPLINARY EMERGENCIES
    For serious or complex cases, the university reserves the right to assign conduct cases to the Committee on Extraordinary Disciplinary Emergencies (see Section II-6).
    
    
18. AUTHORIZED DISCIPLINARY SANCTIONS
    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 which terminates automatically when the imposed period expires provided the organization has made any additional requirements made by the sanctioning body associated with their case. An organization 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, an organization may 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 university policy or other applicable rules while on disciplinary probation, the university will seek the penalty of suspension (or extended suspension or permanent revocation of recognition as an organization at UNCW for organizations already under suspension status).
    
    Suspension: Withdrawal of student organization registration status for a specified period of time and carries with it conditions which must be met for re-registration.
    Re-registration after a suspension period requires that the organization apply to the associate vice chancellor/dean of students at the close of the imposed period, and the Dean will determine whether the organization has met the conditions imposed and is otherwise eligible for re-registration. A denial may be appealed to the vice chancellor for student affairs.
    
    Social Probation: Prohibits a student organization from hosting or attending social events, with or without alcohol for a time period no less than eight weeks from notification of the final decision of a conduct review. Social events include, but are not limited to, parties, mixers, date parties, formals and semi-formals.
    
    Restitution: As part of the disciplinary process, SOCB or the administrative hearing officer may impose specific conditions (e.g., requirement of student organization 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 otherwise compensate for damages.
    
    The university reserves the right to impose other educational sanctions appropriate to the offense(s).
    
    
19. DISCIPLINARY RECORDS
    Records of all student organization conduct cases will be maintained by the Office of the Dean of Students, and are not protected by the Family Educational Rights and Privacy Act (FERPA).

The Fisher University Union, Fisher Student Center, Burney Center, Warwick Center, Amphitheater and University Commons serve as focal points for campus life outside the classroom, enhancing the university’s mission to offer a well-rounded educational experience to its students. The facilities provide meeting space, study areas, recreational space, performance venues, space for student organization offices, various student service offices, the services of a post office, the University Information Center, University Bookstore, Passport Office, banking machines, food service and art gallery spaces.

VI-1 CAMPUS LIFE ADVISORY BOARD

The purpose of the Campus Life Advisory Board is to act in an advisory capacity to the Executive Director and staff of Campus Life in matters regarding the management and operation of Campus Life spaces. The board shall operate and report to the vice chancellor for student affairs through the associate vice chancellor for student affairs and executive director of campus life.

The board will be comprised of ten (10) voting members and designated non-voting, ex-officio members. All appointments shall be approved by the associate vice chancellor for student affairs. shall be appointed for a one-year term. The full board will meet approximately two (2) times per semester during the academic year. Whenever possible, meeting agendas will be distributed prior to each meeting, with the Director of Conferences, Events and Reservations serving as convener. Decision-making will be by consensus whenever possible or by simple majority voting if necessary. The Campus Life staff will provide information on the Campus Life Advisory Board in its annual report.

A.  MEMBERSHIP

Members shall be appointed by the Executive Director of Campus Life and approved by the Associate Vice Chancellor of Student Affairs to ensure representation and interaction among various studentsEvery member shall be a currently enrolled graduate or undergraduate student who is in good academic and disciplinary standing at UNCW at the time of his/her appointment and throughout his/her term. A voting member shall have been a student at UNCW for one semester (two summer sessions will be considered one semester), prior to his/her appointment.
The ten (10) voting members shall consist of:

1. Ten (10) students appointed for one year terms:

1. 1. The president of the Student Government Association (SGA) or designee.
   2. The president of the Association for Campus Entertainment or designee.
   3. The president of the Residence Hall Association or designee
   4. The president of the Graduate Student Association or designee.
   5. One student appointed by Student Media Board.
   6. One commuter student appointed by the Office of the Dean of Students.
   7. One student appointed by the leadership of Fraternity & Sorority Life community (IFC, NPC, NPHC).
   8. One student appointed by Upperman African American Center.
   9. One student appointed by Centro Hispano.
   10. One student appointed by Mohin-Scholz LGBTQIA+ Resource Office.
2. Non-voting, ex-officio members include: 
   1. Executive Director of Campus Life
   2. Director of Conferences, Reservations, and Event Services
   3. AVC/Dean of Students
3. The Director of Conferences, Events, and Reservations, with the support of administrative staff, will serve as the recording secretary for the board. Staff support for the board will be provided by the Executive Director and other Campus Life staff members. To conduct business, quorum will consist of one third of the voting members of the advisory board. Any member of the advisory board may be removed by a two-thirds (2/3) vote of the voting membership. Circumstances necessitating removal may include missing three meetings of the board without excuse and notification to the convener or non-performance of duties.

B.  FUNCTIONS AND RESPONSIBILITIES OF THE BOARD

1. 1. The board meets approximately two (2) times each semester during the academic year. Meetings are scheduled at the beginning of each new semester.
   2. During summer and/or breaks, the Director of Conferences, Events, and Reservations will convene an ad hoc committee of Board members who are available to provide input as needed.
   3. The Board is advisory to the Executive Director in all aspects of Campus Life operation. The Board will be asked to consider such items as:
      1. Review policies, procedures and practices.
      2. Requests for exceptions to guidelines/policies for space use and other procedures in the Campus Life facilities.
      3. Review of issues arising from the operations of these facilities, its programs and services.

VI-2 CAMPUS LIFE FACILITIES – POLICIES

1. USE OF FACILITIES
   1. Facilities are reserved primarily for use by UNCW students, faculty and staff.
   2. Executive Director of Campus Life or his/her representative is charged with determining whether the conduct of an individual or group is in compliance with university policies.
2. RESERVATIONS
   1. Space in the Campus Life facilities can be reserved by a registered student organization, university department, faculty or staff member for university functions on a “first come, first served” The Campus Life staff reserves the right to make substitutions in room reservations or move a group to another area subject to availability. Reservations can be made on-line at https://events.uncw.edu/EmsWebApp/.
   2. The Reservation & Event Services staff must be notified of a cancellation no later than two (2) business days prior to the scheduled reservation. If a student organization or department neglects to cancel a reservation, the group will receive a letter from the Campus Life administration office informing them of potential charges for future misuse policy. Personnel fees may still apply.
   3. Campus Life reserves the right to bill any organization or group for damages or losses which result from the use or misuse of facilities or equipment, including charges for additional janitorial service over and above normal cleaning of the area used. Groups will be charged for time staff required outside normal operating hours of the facilities (e.g., building manager before or after hours, additional janitorial staff, ). Fees will also apply when technical services assistance is given.
   4. Catering arrangements can be made through Campus Dining by contacting the catering office at catering@uncw.edu.
   5. Any decorations used must be approved by Campus Life prior to the event date. Nothing shall be attached to the walls. All materials used at any event must be removed at the conclusion of the Use of candles in rooms must be approved by the Campus Life staff.
   6. Campus Life will not be responsible for any losses or injuries suffered by any person as a result of a room reservation and/or the activities of the reserving organization.
3. SMOKING AND USE OF E-CIGARETTES

The University of North Caroling Wilmington is a smoke-free campus as it applies to all academic, student support and residential buildings. This means that smoking and use of electronic or vaporized cigarettes is not permitted in Campus Life facilities at any time. Further, there is a 25 foot “no smoke zone” at all Campus Life building entrances. Violators of the smoke-free guidelines will be held accountable for their actions in the student conduct system.

Students found in violation of this policy will be fined at least $25.00 for their first instance and $50.00 for each subsequent violation.

1. Skateboards and rollerblades may be used as a form of transportation on campus. They may only be utilized on sidewalks and/or roadways.
2. Any and all types of trick or exhibition skateboarding or skating is strictly prohibited.
3. Skateboarding and rollerblading are prohibited in/on but not limited to, the following areas:
   1. All steps and railings
   2. All flower planters and fountains
   3. All brick patios
   4. All curbs
   5. All outdoor tables and benches
   6. Inside all buildings
4. Violators of this policy will:
   1. Be issued a campus citation for $25.
   2. Be charged restitution for any damages.
   3. Have their skateboards or rollerblades confiscated until the fine and restitution for damages are paid in full.
5. All skateboards shall be dismounted and carried across crosswalks.
6. All underage, non-university individuals found in violation of this policy are required to have a parent or legal guardian present to obtain their confiscated property.

As a public university, UNC Wilmington often uses photographic and electronic images of public campus life, events, ceremonies and other activities to advance the mission of the institution.
Students, faculty, staff members and guests of the university may be identified or photographed for publication, broadcast, transmission and/or electronic display by the university. The photographs may also be made available to state, regional, national and international news agencies and media outlets. The images are not published for commercial purposes and do not violate the privacy of any individual or group.
By registering at, visiting or being employed by UNCW and being present in public settings, you authorize the use and reproduction by the university, or anyone authorized by the university, to any photographs taken while at UNCW, without compensation. All negative and positives, photographic prints and digital photo files shall constitute UNCW property, solely and completely.

Title IX of the Education Amendments of 1972, as Amended*
Sex Discrimination Prohibited

Sec. 901.(a) No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that:
6) This section shall not apply to membership practices--
(A) of a social fraternity of social sorority which is exempt from taxation under Section 501(a) of the Internal Revenue Code of 1954, the active membership of which consists primarily of students in attendance at an institution of higher education.
*P.I. 92-318 (1972) and P.I. 93-568 (1974)