| See
also PRR regulation(s): REG
11.35.1, REG
11.35.2, REG
11.35.3, REG
11.40.1
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- Graduate
Student Discipline Procedures
-
Grievance Procedures
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A.
Graduate Student Discipline Procedures |
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This regulation sets forth the disciplinary procedures that apply when
a graduate student is charged with academic misconduct in violation
of the Code of Student Conduct and the misconduct involves the graduate
student’s thesis or dissertation. Not withstanding the foregoing,
allegations of research misconduct involving a graduate student’s
thesis or dissertation are subject to the University’s regulation
on Responding
to Allegations of Research Misconduct (REG 10.00.2) . NCSU Student
Discipline Procedures (REG 11.35.3) govern all other alleged violations
of the Code
of Student Conduct by graduate students.
In applying these procedures to graduate student misconduct, the definitions
and standards of conduct contained in the Code of Student Conduct will
be interpreted by the Dean of the Graduate School to reflect the special
circumstances and expectations for graduate students.
The full range of sanctions set forth in the Code
of Student Conduct and the appeal procedures set forth in the Student
Discipline Procedures will apply to these procedures.
1. Graduate School Hearing Committee Procedure
Appointment of Graduate School Hearing Committee.
The Dean of the Graduate School will appoint a Graduate School Hearing
Committee comprised of two members of the Administrative Board of
the Graduate School, one of whom will be designated as the Chair of
the Committee, and three graduate students from the Graduate Student
Association recommended by the President of the Graduate Student Association.
All members of the Committee must represent Colleges/Schools other
than that of the respondent. The Dean may request the Office of Legal
Affairs to provide a legal advisor for the Hearing Committee.
Notice of Committee Appointment and Charges. The
Dean of the Graduate School will notify the student of the appointment
of the Committee and notify the Committee, with a copy to the student,
of the charge(s) against the student. The charge(s) shall include
a detailed statement from the complainant (or the Director, Office
of Student Conduct). The notice shall also include the possible sanctions
against the student if the charges are found to have merit. For all
offenses that could result in expulsion, the notice must include this
possibility and must specify that expulsion will preclude matriculation
at any UNC constituent institution. Prior to the hearing, the Dean
of the Graduate School shall provide the graduate student with an
opportunity to review the case file, including any written evidence
that will be used at the hearing, and to obtain a list of witnesses.
Committee Organizational Meeting. The Chair of the
Committee shall promptly convene the full committee for an organizational
meeting. The organizational meeting shall be for Committee members
only, except that a representative of the Dean of the Graduate School
and Legal Counsel for the Committee may also attend. The purpose of
the organizational meeting shall be to review the charges against
the graduate student, the procedures that will be followed, the confidentiality
of the disciplinary process, and to set a schedule of potential hearing
dates. A committee member who has a conflict with, bias about or interest
in the case should recuse himself or herself from the committee. In
cases of recusal, the Dean will appoint a substitute member to serve
on the Committee.
Notice of Hearing Dates and Opportunity to Challenge the Committee
for Cause and to see Case File. After the organizational
meeting, the Chair of the Committee shall notify the graduate student
of the dates of the hearing. The hearing should not be scheduled for
at least ten (10) calendar days after the student first received notice
of the charge, unless the student agrees to an earlier hearing date.
- Prior to the hearing, the graduate student shall be given an opportunity
to challenge a committee member for conflict with, bias about, or
interest in the case and the Chair of the Committee shall make the
decision. If the graduate student is dissatisfied with the Committee
Chair's decision, the student within (5) calendar days of the Chair's
decision may submit a written request for review of the decision to
the Dean of the Graduate School. The Dean of the Graduate School or
designee, shall promptly review the decision and either uphold the
decision or appoint a substituted committee member.
- Prior to the hearing, the chair shall notify the graduate student
of the right to have an advisor and an observer, as defined in section
4.6 of the Student
Discipline Procedures, present at the hearing. The student must
notify the chair of the committee in advance of the hearing that an
advisor and/or observer will be present.
Hearing Procedure. At the hearing on the charges,
which shall be closed to the public, a designated university official
from the Graduate School must present sufficient witnesses and/or
documentary evidence to substantiate the charges that have been brought
against the graduate student. The student shall have the right to
hear the witnesses, review all documents received by the Committee,
and cross-examine all witnesses. The student shall have the opportunity
to present any witnesses or documentary evidence in defense of the
charges, provided that the evidence is relevant to the charge or other
evidence presented. The University official presenting the case shall
have the opportunity to review the documents and cross-examine the
witnesses presented by the student. Each party shall also have the
opportunity to provide rebuttal evidence and ask questions of rebuttal
witnesses. The Committee may also question witnesses during the hearing.
Both the University official and the student shall have the opportunity
to present a closing statement at the end of the presentation of all
evidence. Sections 4.3.3 through 4.3.17 of the Student
Discipline Procedures [REG 11.35.2] shall also apply except that
references to the Office of Student Conduct or Director of the Office
of Student Conduct shall be deemed to refer to the Dean of the Graduate
School.
Official Record of the Hearing. The Chair of the
Committee shall ensure that a transcript or other verbatim record
of the hearing (but not of the deliberations) will be prepared and
that the documentary evidence presented during the hearing is appropriately
identified. All documentation relevant to the Committee's procedural
rulings, factual findings, recommendations, and any other aspects
of its final report and recommendation shall be preserved and included
in the Official Record. The Official Record should include a table
of contents so that every document and record can be easily identified
and located. The official record should be forwarded to the Dean of
the Graduate School along with the Committee's decisions and recommendation.
Deliberations and Recommendations of the Committee.
At the conclusion of the closing statements, the Committee will recess
to determine whether the charging official has shown by clear and
convincing evidence that the graduate student committed the offense(s)
charged. This determination must be based solely on the evidence presented
at the hearing. Findings shall be guilty, not guilty or insufficient
evidence. Insufficient evidence is an indication that some quantity
of evidence did exist but that the complainant has not fully met the
burden of proof. A determination of guilty shall be followed by a
supplemental hearing in which the designated university official and
the student may submit evidence or make statements concerning the
appropriate sanction(s) to be imposed. The past disciplinary record
of the graduate student may be entered into evidence at this time.
Following this supplemental hearing, the Committee shall recess to
deliberate and determine the sanctions. The Committee's findings and
recommendations shall be transmitted in the form of a written report
to the Dean of the Graduate School.
Timing, Content and Transmittal of the Committee’s
Report and Recommendation. The Committee shall submit its
written report to the Dean of the Graduate School no later than 21
days after the conclusion of the committee's deliberations. The report
shall state the charge, the graduate student's plea to the charge,
the committee's findings on the charge, including a review of the
evidence in support of the committee's findings, and a recommended
sanction if the charge was substantiated.
The Dean’s Decision. The Dean of the Graduate
School shall render a decision, and determine appropriate sanction(s)
if the misconduct is substantiated, no later than 45 calendar days
after the hearing was completed. If the sanction is expulsion, the
decision of the Dean must be reviewed and approved by the Provost
and Executive Vice Chancellor. The final administrative decision must
be sent to the student within ten (10) calendar days of the date the
decision is made and must contain a brief summary of the evidence
upon which the decision is based and the appeal rights of the student,
including the time limits in which to appeal and the permitted grounds
for appeal.
2. Appeals
Sanctions of suspension or less than suspension may be appealed to
the Provost and Executive Vice Chancellor. Sanctions of Expulsion may
be appealed to the Board of Trustees. The appeal must be received within
ten (10) University business days from the date that the written decision
on sanctions is provided to the student, either by hand delivery, or
by delivery or attempted delivery through certified mail. Failure to
submit the written notice of appeal within this time limit will render
the original decision final and conclusive. Written notice of appeal
must be delivered to the Provost and Executive Vice Chancellor except
in cases of appeal to the Board of Trustees which must be delivered
to the Chancellor's office.
The notice of appeal is not complete unless
it contains the following:
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a copy of the decision being appealed;
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a statement of the grounds for appeal, which at a
minimum should contain a list of alleged errors in the decision or
decision-making process, a statement of why the decision or sanctions
are in error, and a requested remedy; and
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the signature of the appellant and date the appeal
is being submitted.
Grounds for appeal are limited to violation of constitutional due process
and a material deviation from the substantive and procedural standards
adopted by the UNC Board of Governors, Section
700.4.1 of the UNC Policy Manual.
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B.
Grievance Procedures for Graduate Students |
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Most problems encountered by graduate students can be resolved through
communication between the student and his/her advisory committee. If,
however, a matter arises which cannot be resolved through student-instructor
or student-committee interaction, the student should bring the matter
to the attention of the DGP or Department Head. If still unresolved,
the problems should be brought to the attention of the academic school/college
dean who would respond in accordance with the NC
State University Administrative Regulation Grievance Procedure for Students
[REG 11.40.1].
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