Conduct Process FAQs

If you've received a referral from a staff member in Housing & Residence Life or the University Police:

• The Office of the Dean of Students will contact you via email to schedule a prehearing meeting to discuss the alleged violation(s) of the Code of Student Life. Depending on the situation, your conduct case may be able to be resolved during that meeting.
• If necessary, a formal administrative or Campus Conduct Board hearing will be scheduled at a later time to address the conduct charge(s) against you.

Most of the time, violations are reported by Housing & Residence Life staff members (such as resident assistants) or University Police. Sometimes violations are reported by students, faculty or members of the greater Wilmington community.

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. DrugsPossesses/uses an illicit drug or narcotic.
      a.  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.
      b.  Possesses/uses drug paraphernalia.
      c.  Drives while impaired attributable to the use of drugs.
      d.  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).
      e.  Consumes, including huffing and/or sniffing, any substance not intended for such use.
4. Firearms/Weapons/Explosives
      a.  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.
      b.  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
      a.  Sets a fire in or on university property.
      b.  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 ViolationsUnderage possession/use – possesses or uses alcohol under the age of twenty-one (21).
       a.  Illegal possession/use – possesses or uses alcohol where it is not legally permissible to do so, regardless of age.
       b.  Drives while impaired or driving after consuming alcohol under the age of twenty-one (21).
       c.  Provides alcohol to minors (any individual under the age of twenty-one).
       d.  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.
       e.  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.
       f.  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
       a.  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.
       b.  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.
       c.  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.
       d.  Leading or inciting others to disrupt scheduled and/or normal activities within any university building or premises.
       e.  Obstructing the campus in way that reasonably interferes with freedom of movement or safe passage, either pedestrian or vehicular, on university premises.
       f.  Engaging in conduct which disturbs the peace, order or discipline at the university or university-sponsored activity.
       g.  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.
       a.  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.
       b.  No student shall engage in unlawful harassment leading to a hostile environment. Unlawful harassment includes conduct that creates a hostile environment by meeting the following criteria:
            i. Directed toward a particular person or persons;
            ii. 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;
            iii. Unwelcome;
            iv. Is so severe or pervasive and;
            v. Objectively offensive to create an intimidating, hostile or offensive working, learning or living environment; and
            vi. 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.
       c.  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; 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 ProcessAttempts to discourage an individual’s proper participation in, or use of, the campus conduct system.
       a.  Attempts to influence the impartiality of the hearing officer, conduct board member or appeal administrator.
       b.  Harasses and/or intimidates a hearing officer, conduct board member, appeal administrator, or witness prior to, during, and/or after a student conduct proceeding.
       c.  Influences or attempts to influence another person to commit an abuse of the conduct system.

UNCW has a good working relationship with local law enforcement (ex: Wilmington Police Department, New Hanover County Sheriff's Department, Wrightsville Beach Police Department, etc.). Many times, when students violate federal, state or local law off campus these agencies will notify UNCW.

At that point, UNCW will investigate to determine if you will go through the on-campus conduct process. Remember, you are a Seahawk wherever you go.

Students going through the student conduct process are allowed one person with them to their hearing. If they chose to do so they may request a university advisor, hire a licensed attorney or bring a non-attorney advocate with them to the hearing.

University Advisors — allowed in Administrative, Campus Conduct Board and Student Academic Honor Board hearings.

They can help the student prepare for the hearing and can accompany them to the hearing, but they are not permitted to speak on behalf of the student.

Licensed Attorneys and Non-Attorney Advocates — allowed in Administrative and Campus Conduct Board hearings and hearings with the Extraordinary Committee on Disciplinary Emergencies.

They can help the student prepare for their hearing and can accompany them to the hearing. Licensed attorneys and non-attorney advocates may speak on the student's behalf.

Any student who chooses not to appear at their hearing may not be represented by a university advisor, non-university advisor, licensed attorney or non-attorney advocate.

Always be honest with your advisor. They can't give you good advice or support for your hearing if you don't tell them the truth about your situation.

An administrative hearing is a hearing before a single hearing officer. The Campus Conduct Board is made up of students and faculty members and is a more formal process. The Campus Conduct Board is not in session during exam periods, university breaks or in the summer.

Both types of hearings allow for you to share your story and offer supplemental evidence, bring in witnesses and question any information/witnesses the university provides.

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 will 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 that fall below the university's conduct standards.

Additionally, the Office of the Dean of Students will contact the parents/guardians of students who are in jeopardy of being suspended from the university.

Our goal is to help students make good decisions so many of our sanctions involve education.

If you are charged with an alcohol or drug violation, it's very likely that you will be sanctioned to attend a class provided by the Hundley Health Education Center . Fees of $100 and $150 associated with these classes are placed on your student account.

Students may also be placed on written warning or disciplinary probation, depending on the violation. If the violation involves damage to the university or its property, a student may be sanctioned to pay restitution or do community service.

If you see someone violating the Code, say something to them. Holding your fellow Seahawks accountable is an important part of creating a safe and successful community.

However, if you witness a violation and you feel unsafe bringing it up with that person/organization, tell a university employee. If you live on campus, your resident assistant is a great first step.

Remember, you are responsible for what happens in your residence hall room/apartment. If someone is violating a law or policy in your space and you don't say anything, you could be putting yourself in jeopardy of being in trouble too.

If you are a victim of a crime several campus resources are available.

To report a crime, call University Police at (910) 962-2222.

If you need support related to assault, abuse, violence or harassment call CARE at (910) 962-CARE or after hours at (910) 512-4821.

CARE can offer you resources on and off campus and support through an advocate.

If you need to report a violation and are concerned about revealing your identity, you can call (910) 962-TIPS and speak with university police.

No, but it can affect other aspects of your college experience. Many leadership positions on campus (ex: orientation leaders, resident assistants, etc.) will not accept applicants who have been placed on disciplinary probation.

Additionally, violations at UNCW may have to be reported when you apply for internships, student teaching positions or graduate schools. These violations may even have to be reported for jobs after college.