Hearing Procedures for the Scholarships and Student Aid Committee

REG 11.00.2

Student Activities & Services

Authority: Issued by the Chancellor. Changes or exceptions to administrative regulations issued by the Chancellor may only be made by the Chancellor.

History: First Issued: March 17, 1998. Last Revised: August 23, 2001.

1. Applicability

1.1. The following procedures are to be used when an NC State student seeks review of a decision of a scholarship/financial aid administrator at NC State, such as the Director of Financial Aid. The only decisions that may be reviewed are (a) revocation of any type of on-going financial aid, (b) reduction of any type of on-going financial aid, and (c) non-renewal of athletically-related financial aid. "On-going financial aid" means aid the University has made a written commitment to continue beyond the time of revocation or reduction. Review shall be conducted by the Scholarships and Student Aid Committee.

1.2. However, the Scholarships and Student Aid Committee shall not review scholarship/financial aid decisions if it is undisputed that the student failed to satisfy an express requirement of the scholarship/financial aid. For example, if a scholarship is conditioned on the student maintaining at least a 3.00 grade point average, and the student does not deny that the GPA is lower, then this review procedure is not available to the student. The Vice Provost for Enrollment Management and Services and Director of Admissions (hereafter, "Vice Provost") shall make the initial decision as to whether a student may utilize the hearing procedures process described herein.

1.3. If a student alleges that failure to maintain a required condition of a scholarship/financial aid (such as GPA) is due to the University's failure to reasonably accommodate a disability of the student, then a disability grievance procedure should be followed instead of this procedure. (Contact the Office for Equal Opportunity at 515-7258; or see the Student Grievance Procedure. Students should note that the University's duty to accommodate a disability does not arise until the University knows of the disability.

2. When and how to seek review

2.1. A student must request review of an adverse scholarship/financial aid decision within ten University business days after receipt of the scholarship/financial aid administrator's written notice of the decision. The student is responsible for keeping a current mailing address on file with the Registrar and checking mail at that address. All review requests must be delivered in writing to the Vice Provost. A request for review should include (a) a copy of the scholarship/financial aid administrator's decision if it is written, or a summary statement of the decision if it is not in writing, (b) a statement of reasons why the student believes the scholarship/financial aid administrator's decision is in error, (c) any other relevant documentation the student wishes to attach, and (d) the current mailing address and telephone number where the student can be reached.

2.2. The Vice Provost shall send a copy of the request for review to the chair of the Scholarships and Student Aid Committee and to the scholarship/financial aid administrator as soon as possible. The scholarship/financial aid administrator or designee shall respond within five University business days by providing the Vice Provost with (a) copies of policies, procedures, and regulations that relate to the decision, and (b) a list of any other University employees who were involved in the decision and should be treated as parties to the review. The Vice Provost shall forward the list and policies to the hearing panel as soon as possible.

3. Selection of a hearing panel and hearing date

After receiving the student's request for review and the scholarship/financial aid administrator's list of parties and policies, the chair of the Scholarships and Student Aid Committee shall convene the committee requiring at least three members of the Committee to be present to serve as a hearing panel. The Vice Provost shall not be eligible to serve on hearing panels, nor shall any Committee members who were involved in the decision. The hearing panel may confer with all parties about possible hearing dates. The panel will select the earliest convenient hearing date, with consideration of the schedules of the parties and key witnesses where feasible, and will send the parties written notice of the hearing date and notice of the deadline for providing witness lists and exhibits.

4. Witness lists and exhibits

At least five University business days before the hearing, each party must provide the Vice-Provost with (a) two copies of a list of all witnesses that party intends to call, (b) two copies of a summary statement of the expected testimony of each of the witnesses, and (c) two copies of all documents the party wishes to introduce as evidence. Each party may pick up a copy of the other party's witness list and proposed exhibits from the Vice Provost, and the Vice Provost shall provide copies to the panel members.

5. Communications with the panel

Except in the course of the hearing, panel members should not have any communication with the parties, directly or indirectly, concerning the merits of the case. However, documents that the parties wish to present at the hearing are to be provided in advance of the hearing as set forth above. The panel may not prejudge the merits of the case on the basis of those documents, but must withhold judgment until all the evidence has been presented at hearing.

6. Attendance at the hearing

The student and the scholarship/financial aid administrator must attend the hearing, as well as any person who was initially involved in making the recommendation to the scholarship/financial aid administrator. Any witnesses they call may stay in the hearing only during the witness's testimony. The student and the University may each have one observer attend the entire hearing, or the student's parents may attend as observers. Observers may not participate in the hearing, talk with a party during the hearing, or address the panel, except to the extent they also appear as witnesses.

7. Burden of proof

The scholarship/financial aid administrator has the burden of proving, by the preponderance of the evidence, that his or her decision is supported by factual information and is consistent with University policies and the law.

8. Presentation of the issues:

8.1. The student shall make a statement in support of his or her position, may present witnesses in support of his or her position, and may offer documentary exhibits to the panel. The other parties may ask questions of the student and witnesses after their statements. The scholarship/financial aid administrator and any other parties for the University shall make a statement after the student and the student's witnesses. The scholarship/financial aid administrator and other University parties may call witnesses and offer exhibits. The student may ask questions of all persons speaking on behalf of the administrator's decision once those persons have completed their statements. The panel may ask questions of any party or witness at any time.

8.2.The panel may stop questioning, and may decline to hear any testimonies or consider any exhibits, if the questions or evidence are irrelevant, immaterial, unduly redundant, or abusive.

8.3. The panel shall tape record the hearing.

9. Procedural questions

9.1. The panel may decide all procedural matters not covered in these Procedures. The panel may amend these Procedures for good cause, but must state the reason for any amendments in its final report.

9.2. The Office of Legal Affairs may provide an attorney upon the panel's request to advise on any procedural questions the panel has before, during, and after the hearing. That attorney may not take a position on the merits of the case while it is before the panel.

10. Panel recommendation

The panel will issue a written report containing its recommendation to the Chancellor or designee within 5 working days after the hearing. The report should list and resolve the issues of the hearing.

11. Record of the hearing

The panel shall retain all correspondence (including E-mail) and documents pertaining to the hearing. The panel shall compile the hearing records into an official record, with separately marked sections for procedural correspondence, exhibits from the student, and exhibits from each of the other parties. The official record shall be prefaced with a table of contents that clearly identifies each document. The official record shall be forwarded to the Chancellor (or designee) along with the tape recording of the hearing and the panel's final report. The panel should also send a copy of its final report to the chair of the Faculty Senate.

12. Chancellor's decision

The Chancellor or designee will review the panel's recommendation and the record of the hearing and issue a final decision within 10 working days from receipt of the panel's report. The Chancellor shall mail his or her decision, along with a copy of the panel's report, by certified or registered mail, return receipt requested, to the student, with copies to the other parties. Any further appeals will be governed by Section 501 C (4) of The Code of the University of North Carolina.

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