NC State University

Disciplinary Procedures

REG 11.30.1

University Housing

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Authority: Vice Chancellor for Student Affairs

History: First Issued: October 1, 2002.

Contact Info: University Housing (919)-515-2440.

Purpose Sanctions
Referrals Appeals
Adjudication  

1. Purpose
University Housing may take disciplinary action to protect the safety and well being of the campus community. Procedures are designed to ensure due process and protection of students' rights. The goal of disciplinary action is not punishment, but rather the teaching of responsibility and resumption of a safe, secure and reasonably quiet environment, within the residential living communities.

2. Referrals
To report an alleged violation of policy, any NC State student, employee or aggrieved person may submit a written statement to the appropriate University Housing personnel (usually a Resident Adviser) or contact Public Safety. After reviewing the information, Housing will determine the appropriate adjudication setting. A student who is charged with a policy violation (the student respondent) will be deemed to have received notice of the charge when University Housing staff hand delivers written notice to the student, or sends notice by certified mail (return receipt), or sends the notice via a signed package slip in the respondent's residence hall mailbox. An attempted delivery by any of these methods will be treated as a completed delivery. The same applies to delivery of a disciplinary decision.

3. Adjudication
Settings Depending on the circumstances, alleged policy violations may be addressed through either a Disciplinary Conference, Residence Hall Judicial Board, or referred to the Office of Student Conduct. Law enforcement agencies may be notified for criminal offenses.

3.1. Disciplinary Conference

Disciplinary Conferences are appropriate in cases where the student respondent has no record of prior policy violations at NC State and the complaint would not support a sanction of eviction. A Disciplinary Conference is an informal meeting designed to address low level violations by either the Residence Director, Residence Life Coordinator, or Assistant Director. Formal rules of evidence do not apply in this adjudication setting. The appropriate University Housing staff member will meet with the student(s) accused of violating policy; the complainant(s) may also be present. In a Disciplinary Conference, the student respondent has the following rights:

3.1.1. to a presumption of innocence until responsibility is proven by preponderance of the evidence;

3.1.2. to a full explanation of the charges;

3.1.3. to receive written notice of the specific charges at least 72 hours before the disciplinary meeting, as well as a reference to the University Housing Disciplinary proceedings and policies;

3.1.4. to plead innocent without fear of being charged for lying solely because of that plea if proven guilty;

3.1.5. to respond to the evidence and to question those witnesses who present evidence against the student respondent in cases of factual disputes about responsibility;

3.1.6. the opportunity to testify, present evidence, and/or present witnesses at the conference;

3.1.7. to be free from re-hearing at NC State for the same offense after being found not guilty in any NC State student disciplinary hearing; and

3.1.8. the right to appeal consistent with the University Housing appeals procedures.

In cases where the student claims responsibility for the violation and the facts surrounding the incident are not at issue, the presumption of innocence will cease, and sanctions will be levied. The Residence Director or Residence Life Coordinator will document all discussions and compile a record of the case, including all documents relevant to the disciplinary meeting.

In cases where the student claims responsibility, only the sanction may be appealed. In cases where the student does not claim responsibility for the alleged policy violation, but the University Housing staff member determines that responsibility is shown by a preponderance of evidence, the staff member may levy sanctions accordingly. The student may appeal the University Housing staff member's decision in accord with section V below.

If, after receiving notice of the charge(s), a student respondent fails to attend, or fails to reschedule for approved reasons, the Disciplinary Conference will proceed and a decision will be made in his/her absence. Representatives may not appear in lieu of the student respondent. The staff member in charge of the Disciplinary Conference will decide if the respondent has shown sufficient reason to reschedule.

3.2. Residence Hall Judicial Board

Hearing panels chosen from the Residence Hall Judicial Board will hear those cases involving repeat offenders or violations where eviction is a possibility. Repeat alcohol violations are heard exclusively by the Office of Student Conduct. Other cases involving alleged violations of University Housing policies may be heard by University Housing under this procedure or may be referred to the Office of Student Conduct, at the discretion of University Housing staff.

3.2.1. Rights of the Student Respondent: A student respondent whose case will be heard by the Residence Hall Judicial Board has all of the rights of a student involved in a Disciplinary Conference.

3.2.2. Board Composition: The Residence Hall Judicial Board will consist of one student representative from each hall. They will be trained in educational approaches to student conduct issues and in hearing procedures. The Residence Hall Judicial Board will also have an advisor who is a Residence Life Coordinator selected by University Housing.

Prior to each hearing, five members will be selected by the Advisor to serve on the hearing panel. The Advisor will designate a student Chairperson to preside over the hearing.

For conflict of interest or other good cause, the Advisor may disqualify any Board member from sitting on a particular case. Any Board member may disqualify herself/himself with reason. The student respondent can also challenge a board member for reason of bias, and the Advisor will decide on the challenge. Board members need not be disqualified because they have superficial knowledge of the case or because they know the participants. The basic test for disqualification is whether the Board member can judge the case fairly, based on the evidence presented.

3.2.3. Joint Hearing: A case involving charges against more than one student will be heard jointly unless the student respondents and the Judicial Board Advisor agree to separate hearings.

3.2.4. Continuances: Student respondents may submit a WRITTEN request for a continuance of the hearing, clearly stating reasons which justify the delay, at least 48 hours before the scheduled hearing. The Judicial Board Advisor will rule on the request and notify all parties at least 24 hours prior to the hearing.

3.2.5. Confidentiality: University Housing will maintain records of disciplinary cases. Student respondents may inspect the records of their own cases. The records will otherwise be kept confidential to the full extent provide under federal law.

3.2.6. Conduct of Hearing: Hearings are closed to all but the student respondent, witnesses (including the complainant), the hearing panel (including the Advisor) and anyone needed to assist the hearing panel. All proceedings will be tape-recorded. The Board Chairperson will call the meeting to order, introduce the members of the Board, and briefly explain procedures. The hearing will proceed as follows:

3.2.6a. The complainant will make an opening statement, and present all his or her evidence and witnesses. The respondent may then ask questions of the complainant and witnesses by directing the questions to the hearing panel.

3.2.6b. The respondent will make an opening statement, and present all his or her evidence and witnesses. The complainant may then ask questions of the respondent and witnesses by directing the questions to the hearing panel.

3.2.6c. The complainant may present rebuttal evidence (including testimony).

3.2.6d. The respondent may present rebuttal evidence.

3.2.6e. The complainant may make a closing statement to summarize the evidence (but not present new evidence).

3.2.6f. The respondent may make a closing statement to summarize the evidence (but not present new evidence).

3.2.6g. The hearing panel will enter into deliberations after everyone else leaves the room.

3.2.6h. The respondent and other applicable parties will be called back once a decision has been made, and the decision will be announced.

3.2.6i. If the respondent is found not responsible, the hearing is adjourned.

3.2.6j. If the respondent is found responsible for the charges, the complainant may provide evidence of aggravating and mitigating circumstances and make recommendations for sanctioning.

3.2.6k. The respondent may provide evidence pertaining to aggravating and mitigating circumstances and make recommendations for sanctioning.

3.2.6l. The hearing panel will once again deliberate in private, determine sanctions, then announce the sanctions to the respondent(s).

The student respondent(s) may be accompanied by a person of their choice, but that person may only observe and speak to the respondent. They may not, at any time, speak on the record or create a disturbance during the hearing.

3.2.7. Testimony: All persons who present testimony and evidence before the Judicial Board are expected and required to be completely truthful and candid in making their statements. A person who knowingly presents false evidence will be subject to discipline.

3.2.8. Evidence: Formal rules of evidence are not applicable in University Housing disciplinary proceedings. The chair of the hearing panel will determine the admissibility of all evidence and may exclude that which is irrelevant or unduly repetitious. The number of witnesses may be restricted where it appears their testimony will be cumulative or repetitive of other witnesses. A signed, dated, written statement or hearsay evidence may be accepted if the person quoted is identified. Witness lists and written statements must be presented directly to the Residence Hall Judicial Board Advisor at least 24 hours in advance of the hearing date. The Advisor will share information this with all parties. All witnesses, other than the complainant and respondent, are to be excluded from the hearing except during their own testimony.

Prior disciplinary records will be considered in determining appropriate sanctions, but will not be considered in deciding whether a policy violation occurred.

3.2.9. Summons of Witnesses: The Judicial Board Advisor may summon University student or employee witnesses upon the request of either the respondent or complainant. University students are expected to attend hearings if summoned unless they provide the Advisor with a written statement showing that compliance would result in significant personal hardship or interference with previous academic commitments. Hearings will generally not be rescheduled if witnesses are unable to appear at the appointed time. If attendance at the hearing would cause significant hardship or interference for the witness, written statements from that witness may be submitted to the Residence Hall Judicial Board Advisor at least 24 hours prior to the hearing. Written statements must be presented directly to the Residence Hall Judicial Board Advisor or his/her designee by the witness or by an approved means.

3.2.10. Decision: Decisions of the Judicial Board shall be based only upon evidence properly presented at the hearing. A majority of Board members must be convinced that a preponderance of evidence shows the student respondent was responsible for a policy violation before the Board can sanction the student.

At the conclusion of the hearing, the decision and disciplinary sanction (if any) will be communicated to the respondent. The Judicial Board Advisor will draft decision letters on behalf of the Board. The hearing panel's written decision, including findings of fact, conclusion on policy violation, and sanctions (if any), will be delivered to respondent via a signed package slip in his or her residence hall mailbox or by certified mail, return receipt, to any off-campus address the student has listed with the Registrar. The Administrative Secretary for each area will be responsible for maintaining a separate log to track judicial correspondence.

3.2.11. Failure to Appear: If, after receiving notice of the charge(s), a student respondent fails to attend, or fails to reschedule for an approved reason, the hearing will proceed and a decision will be made in his/her absence. Representatives may not appear in lieu of the student respondent. The Adviser will decide if the respondent has shown sufficient reason to reschedule.

4. Sanctions
All findings of guilt will result in the creation of a file that becomes part of the student's record. Students are required to comply with all sanctions issued by any hearing body. Failure to comply with sanctions constitutes a new violation and will result in further disciplinary action. Sanctions for violations of University Housing policy may include, but are not limited to the following:

4.1. Written Warning A written statement that a violation occurred and that future violations of University or University Housing policy will result in more serious sanctions.

4.2. Residence Hall Probation A specified period of observation and review will be initiated. The student may continue to reside on campus but is notified in writing that his/her behavior was unacceptable. Future violations of University or residence hall policy are likely to result in eviction from housing.

4.3. Administrative Room Change The respondent is reassigned to a new room and/or residence hall and the privilege of moving at the student's discretion is revoked. The student is then trespassed from the building/room from which he or she was removed. Notification of the new room assignment will be made in writing and the respondent granted at least 48 hours to complete the move.

4.4. Eviction From Housing The student must vacate his/her room and is ineligible to live on campus for a specified time period. Upon eviction, residents lose all on-campus-housing rights previously granted. Notification will be made in writing and the respondent will normally be granted at least 72 hours to complete the move. Should the respondent's continued presence in the halls pose a serious and substantial threat to the hall community, the student may be required to vacate sooner.

4.5. Behavioral Contracts As a condition of continued residency, students may be required to sign and abide by a contract outlining specific behavioral expectations for that student.

4.6. Community Service The respondent may be required to perform community service specified in terms of work hours or a specified project, service, or presentation.

4.7. Conference, Consultation or Referral Respondents may be required to meet or consult with an appropriate official or medical professional, or to attend a program or seminar for educational purposes (including diagnostic referrals, drug assessments, alcohol class attendance, etc.).

4.8. Restriction of Privileges The respondent may be restricted or prohibited from participating in particular residence hall activities or using particular residence hall facilities for a specified period of time.

4.9. Restitution for Loss, Damage or Service Costs The student may be required to pay reimbursement for the damage, loss, or cost of service incurred.

5. Appeals
Disciplinary Conference and Residence Hall Judicial Board decisions may be appealed on the following grounds:

5.1. The decision violates due process rights

5.2. The decision violates University Policy, the UNC Code, Board of Governors' Policy, Residence Hall Policy, state law or federal law

5.3. A reasonable person could not arrive at the findings or conclusions in the decision on the basis of the evidence

5.4. Significant new information or evidence has become available that was not available previously to a reasonably diligent person

5.5. The sanction is disproportionately severe for the offense.

5.6. Students must present their appeal in the following manner:

5.6.1. Appeals must be submitted in writing and received by the appropriate office within 10 university business days from the date the decision is received by the student. Only the student respondent may appeal from the disciplinary proceeding.

5.6.2. Appeals for Disciplinary Conferences must be submitted to the next level of staff. (If Residence Director is the hearing officer, the appeal goes to Residence Life Coordinator. If Residence Life Coordinator is the hearing officer, the appeal goes to Assistant Director).

5.6.3. Appeals of the Residence Hall Judicial Board must be submitted to the Assistant Director of Housing - West Campus or his/her designee.

5.6.4. The appeal document must:

5.6.4a. State what decision is being appealed.
5.6.4b. Provide a brief statement of the grounds for appeal, which at a minimum should contain a list of alleged errors in the decision or decision-making process.
5.6.4c. Indicate what remedy is requested.
5.6.4d. Be signed and dated. e. Include a copy of the decision being appealed.

5.6.5. New evidence is not allowed on appeal, but if the appellant shows that significant new evidence was unavailable to a reasonably diligent person at the time of the conference or hearing, the case may be remanded for further consideration.

5.6.6. Failure to submit an appeal document within the deadline will render the original decision final and conclusive.

5.6.7. The imposition of sanctions may be stayed while an appeal is pending. The individual reviewing the appeal will make this decision.

5.7. The appellate reviewer will obtain the official record from the person(s) who made the original decision. The appeal will be decided on the basis of the record, the written appeal statement, and in appropriate cases a response from the original decision-maker (which may be subject to rebuttal response from the appellant). Oral statements or appearances will normally not be allowed on appeal.

5.8. In situations where the Residence Life Coordinator is unable to hear the appeal, the Assistant Director of the campus will make the decision. In cases where the Assistant Director is unable to hear the appeal, it will be forwarded to the Associate Director of University Housing or his/her designee. The Appellate Reviewer will consider all the information in the official record and make a decision. The appeal decision will be delivered in writing to the student's residence hall mailbox or to his/her off-campus mailing address on file with the Registrar. For all University Housing cases, the appeal process will only have one level at NC State.

5.9. In cases that involve eviction, students may appeal to the Associate Vice Chancellor of Student Affairs for University Housing and Greek Life.