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STUDENT DISCIPLINE PROCEDURES MANUALArchived Version November 3, 2003
History: First Issued: November 3, 2003. Additional History Information. 1. INTRODUCTION This Procedures manual is provided as a companion document to the Code of Student Conduct and is intended to educate the reader regarding the processes and mechanisms used to resolve allegations of student misconduct at NC State University. While the student judicial system at this University does incorporate some principles associated with the legal system, it is fundamentally an administrative review process and should not be compared to the system of resolution offered in the Courts. The University's responsibility is to provide a safe environment for the members of this community, to educate students about appropriate conduct, and to provide a fair hearing process. Reasonable deviations from these procedures will not invalidate a decision or proceeding unless significant prejudice to a student may result. 2. RIGHTS AND RESPONSIBILITIES 2.1 Respondent's Rights Students whose conduct is under review based on the Code of Student Conduct have the following rights: 2.1.1 Written notice of the charges as described in this Procedures Manual 2.1.2 Reasonable access to the case file, which includes all the written information provided to the Office of Student Conduct, to the extent permitted by confidentiality laws. 2.1.3 Explanation of the procedural alternatives available within the University
disciplinary process. 2.1.4 To be presumed innocent unless proven guilty 2.1.5 To respond to the evidence and to question witnesses, through the Board or decision maker 2.1.6 To plead innocent without being charged for lying in relation to that plea if proven guilty. However, you may be charged, or face increased sanctions, for lying about the facts of the case, as opposed to just pleading innocent. 2.1.7 To appeal an adverse decision as described below. 2.1.8 To review the Code of Student Conduct and this Procedures Manual 2.1.9 To waive any of the above rights, provided that the waiver is made freely and in writing. 2.2 Complainant's / Victim's Rights 2.2.1 To file charges through Campus Police, the Office of Student Conduct, or when appropriate, with University Housing staff. 2.2.2 To pursue criminal or civil charges where a legal case exists (without University assistance). 2.2.3 To receive an explanation of the applicable charges from a staff member in the Office of Student Conduct or appropriate University Housing staff member. 2.2.4 To an explanation of the procedural alternatives available within this Procedures Manual, as you bring charges against a student. 2.2.5 To have all formal complaints investigated by Campus Police or the Office of Student Conduct or other University officials. 2.2.6 To receive contact and referral information from staff in the Office of Student Conduct or University Housing, for University-based support services. 2.2.7 To be free from harassment and intimidation from respondents and others as you engage this process. 2.2.8 To testify at the disciplinary process, and to know the results of the process to the extent allowed under federal laws and University policies. 2.2.9 For complainants, to question witnesses through the Board or other decision-maker 2.2.10 In cases of alleged sexual misconduct: to bring an emotional support person to the hearing, to be free of irrelevant questions about sexual history, and to make an impact statement if the respondent is found guilty. 2.3 Responsibilities of Respondents, Complainants, and Witnesses Participants in the student judicial process have the following responsibilities: 2.3.1 To know and adhere to the Code of Student Conduct. 2.3.2 To be honest and complete in all information they provide in this process. 2.3.3 To attend all meetings, conferences, or hearings in a timely fashion. 2.3.4 For respondents, to complete any imposed sanctions on time and consistent with the decision in their case. 2.3.5 To participate in a manner that is civil and respectful. 2.3.6 For complainants and respondents, to prepare and present their entire case and secure the presence of any witnesses who will speak on their behalf. 3. CASE REFERRALS AND TYPES OF JUDICIAL PROCESS The Office of Student Conduct, or University Housing where appropriate, will decide whether a complaint will be referred to one of the judicial processes below, and which process is most appropriate. Normally referrals will occur within 30 calendar days. Reasonable extensions of time are permissible. See Procedures Manual section 4 for a fuller description of the procedures for the judicial processes listed immediately below. 3.1 Mediation or Alternate Dispute Resolution This optional process allows use of a trained mediator or similar person to address an issue of conflict. This option will be utilized only in non-academic matters and at the discretion of staff in the Office of Student Conduct or an appropriate decision maker in University Housing. Mediation will then occur only if both parties agree to participate. Normally the Office of Student Conduct or University Housing will provide a mediator at no charge to the parties. 3.2 Disciplinary Conference and Residence Hall Judicial Board: University Housing These processes exist for cases from University Housing. The charge may be issued as a Campus Appearance Ticket from a Campus Police officer or an Administrative Memorandum issued by a staff member from University Housing. A Disciplinary Conference is appropriate for cases where the sanction will be less than eviction from the residence halls. Cases involving repeat offenders or that may result in eviction are referred to the Residence Hall Judicial Board. See University Housing materials for more detail: http://www.ncsu.edu/housing/general/discipline.html 3.3 Graduate and Veterinary Student Discipline Graduate students who are charged with misconduct may have their cases reviewed under the Graduate Student Rights and Responsibilities procedures. The decision regarding which procedure will be used rests with the Office of the Dean of the Graduate School. See the Graduate Student Rights and Responsibilities document for more detail: http://www2.acs.ncsu.edu/grad/publicns/titlep.htm For students enrolled in the College of Veterinary Medicine who are charged with misconduct, the Office of the Dean of the College of Veterinary Medicine will determine if the case will be reviewed using the procedures within the College or referred to the Office of Student Conduct. The College standards and procedures are at: http://www.cvm.ncsu.edu/academicaffairs/handbook/pdf/standards_conduct.pdf 3.4 Disciplinary Conference: Office of Student Conduct This process exists in the Office of Student Conduct for the review of non-academic charges. It is an informal process designed to resolve charges that do not include the possibility of suspension or expulsion as sanctions. The Office of Student Conduct decides whether to use this option. 3.5 Student Faculty Hearing Board: Office of Student Conduct This Board reviews non-academic misconduct charges that are serious enough to result in sanctions that include suspension or expulsion. The Board is composed of one faculty member, three full-time students and one presiding officer. The Student Chief Justice will normally serve as the presiding officer and will participate in discussion, but will not vote except in a tie. Cases are referred to this Board by the Office of Student Conduct. 3.6 Report of an Academic Integrity Violation: Office of Student Conduct This form (RAIV) is used by a Faculty Member to record, and to attempt resolution of, a charge of academic misconduct with a student. As a result of a meeting with the Faculty Member, the student may choose to sign this form, pleading guilty to the specific academic misconduct charge. Faculty may recommend sanctions up to and including a failing grade for the course based on a student's signature on this form. The signed form and supporting case materials are then sent to the Office of Student Conduct for review and a decision on the sanction. Depending on the circumstances of the case and whether the student has any previous violations, the Office of Student Conduct may forward the case to the Academic Integrity Review Board for hearing, even if the student has already pleaded guilty by signing the form. Students may choose not to sign the form, and in which case the Faculty Member should send the unsigned form to the Office of Student Conduct along with the materials that support the academic misconduct charge. 3.7 Academic Integrity Review Board: Office of Student Conduct Cases are referred to this Board by the Office of Student Conduct. This Board reviews cases of alleged academic misconduct that might result in sanctions of suspension or expulsion, or where the student did not sign the RAIV form. This Board includes the Student Chief Justice acting as Presiding Officer, two voting Faculty Board Members, and two voting Student Board Members. The Student Chief Justice votes only in cases of a tie. A review of alleged academic misconduct for a graduate student requires that at least one voting Student Board Member and one voting Faculty Board Member be members of the Graduate School. This Board will act as the designee for the Vice Provost and Dean for Undergraduate Studies or the Dean of the Graduate School or the Dean of the College of Veterinary Medicine in decisions resulting in a suspension. Recommendations for expulsion will be forwarded to the Provost.
Students referred for a hearing before either the Student Faculty Hearing Board, or the Academic Integrity Review Board, may choose instead to have their cases resolved before a single trained staff member in the Office of Student Conduct. This is a time-saving option for both academic and non-academic cases. The full range of sanctions, including suspension and recommendation of expulsion, may be imposed and all rights and responsibilities that apply for hearings before a Board also apply for Administrative Hearings. Students must make this choice in writing. 3.9 Extraordinary Disciplinary Intervention and Interim Suspension: Office of Student Conduct The Office of Student Conduct may suspend a student, or effect a change in their residence on campus, on an interim basis if credible information exists suggesting that the student is: 3.9.1 Dangerous or disruptive, including danger to self or others 3.9.2 Charged with a serious crime, including weapons violations 3.9.3 Charged with a violation of the University Drug Policies This Interim Suspension may be imposed effective immediately, without prior notice, when there is evidence that the continued presence of the student on the University campus and/or in University Housing poses a substantial threat consistent with section 16 of the Code of Student Conduct. Further procedures are set forth in the Code of Student Conduct. 3.10 The Student Government Review Board This Board reviews all challenges of student government elections that cannot be resolved by the Elections Board. It is also used for questions regarding any part of the Student Body Constitution upon petition of twenty members of the Student Body, the request of the Student Senate, the Chair of the Elections Board or the Student Body President. The Review Board's composition shall be the same as the Student-Faculty Hearing Board. The Student Chief Justice shall serve as presiding officer unless there is a conflict of interest. In that case, the Executive Student Assistant, and then Student Assistants, will serve in that role as available and necessary. 4. JUDICIAL PROCEDURES 4.1 Disciplinary Conferences A disciplinary conference will normally consist of an informal, non-adversarial meeting between the respondent and a University administrator, or an experienced, trained student designated by the Director, Office of Student Conduct, or an appropriate staff member in University Housing. The following procedural rights pertain to Disciplinary Conferences: 4.1.1 Respondents shall receive written notice of the specific charge(s) at least five (5) University business days prior to the scheduled Disciplinary Conference. The Campus Appearance Ticket serves this purpose by providing written notice to the respondent of the specific charges. All other charges lodged with the Director, Office of Student Conduct, must be given in written form to the respondent at least five University business days prior to the Disciplinary Conference. Respondents who wish to expedite their hearing and waive the five-day notice may do so in writing. 4.1.2 Respondents shall have reasonable access to the case file prior to and during the Conference. The case file consists of materials received by the Office of Student Conduct and considered relevant to the misconduct charge. 4.1.3 Respondents shall have an opportunity to respond to the evidence and to call appropriate and relevant witnesses. Respondents may not decline to answer questions. 4.1.4 Respondents shall have an opportunity to be accompanied by an observer, who may not participate in the Conference unless requested to do so by the decision-maker. 4.1.5 The decision to hold a respondent accountable for alleged acts will be based on whether the respondent, in the opinion of the person conducting the Conference, more likely than not engaged in the alleged misconduct. 4.1.6 The decision and sanctions, if any, issued by the person conducting the Disciplinary Conference shall be given to the respondent in writing and shall be supported by the evidence. An oral decision shall be given within 45 days of the Conference, and the written decision shall be provided to the student no later than ten days from the oral decision. 4.1.7 If the respondent fails to appear after proper notice, the evidence against the respondent will be considered and a decision will be based on that evidence. 4.1.8 Students may plead guilty to the charges against them. The University administrator or appointed student who meets with the respondent will assess evidence from the respondent and other sources relevant to sanctioning, and then determine a sanction. Only the sanction may be appealed. 4.1.9 Information on appeal procedures will be provided to the student with the decision letter. 4.2 Report of an Academic Integrity Violation Form (RAIV) 4.2.1 A student or University staff member who has witnessed an apparent act of academic misconduct or has information that reasonably leads to the conclusion that such an act has or will occur, should inform the faculty member teaching the class, the teaching assistant or the Director, Office of Student Conduct. 4.2.2 A faculty member or instructor who believes that a student has attempted or committed an apparent act of academic misconduct shall investigate the matter. If the faculty member then concludes that misconduct has occurred, he or she should do the following: 4.2.2.1 Obtain the Report of an Academic Integrity Violation (RAIV) form from the web (http://www.ncsu.edu/student_affairs/osc), the departmental office, or the Office of Student Conduct. Faculty should complete as much of the RAIV form as possible prior to meeting with the student, including the appropriate charge. Faculty are encouraged to consult with staff in the Office of Student Conduct. 4.2.2.2 Faculty should try to meet with the student in question. In the meeting, present the information that supports the academic misconduct charge, discuss the student's conduct, and if still appropriate, present the student with the opportunity to sign the RAIV. Students shall not be allowed to drop a course in which academic misconduct allegations have been made. 4.2.2.3 Faculty should include a recommended sanction on the RAIV before the student signs the form. Faculty may recommend sanctions up to and including a failing grade for the course. Students should not sign the form if they have additional questions or want to consult staff in the Office of Student Conduct. 4.2.2.4 If the student chooses to sign the RAIV, faculty must provide a copy of the signed form to the student at that time. Faculty should then forward the form and all supporting documentation to the Office of Student Conduct. The Office of Student Conduct will either accept the sanction or forward the case to the Academic Integrity Review Board if the student is already on academic integrity probation or if the alleged infraction is so serious that it warrants the consideration of suspension or expulsion from the University. 4.2.2.5 If the student chooses not to sign the RAIV, the faculty member should forward the unsigned form and copies of all supporting documentation to the Office of Student Conduct. The faculty member will then be contacted by staff in the Office of Student Conduct to discuss hearing options and procedures. 4.2 4.3 Hearings: Academic Integrity Review Board and Student Faculty Hearing Board The following procedures apply in cases reviewed by either the Academic Integrity Review Board or Student Faculty Hearing Board. 4.3.1 Once information supporting a charge is provided to the Office of Student Conduct, staff have 30 calendar days to determine if charges will be brought against the student. Reasonable extensions will be permitted. Respondents shall be given notice of the hearing date and the specific charges against them at least ten (10) University business days in advance and shall be accorded reasonable access to the case file, including a list of potential witnesses. The case file will be retained in the Office of Student Conduct, and a respondent may obtain a copy upon request. Respondents who wish to expedite their hearing and waive the ten-day notice may do so in writing. 4.3.2 The Student Chief Justice will normally serve as presiding officer.
When he or she is unable to serve, the Executive Assistant to the Student
Chief Justice will preside. If this person is not available, the next most
qualified Student Assistant will serve. If none of the Student Assistants
are available, or where warranted by special circumstances, the Director
of the Office of Student Conduct may appoint a special presiding officer.
Special presiding officers may participate in Board deliberations, and vote
only in case of a tie. 4.3.3 The evidence supporting the charge shall be presented by the complainant. The complainant may be a Campus Police officer (typically where a Campus Appearance Ticket was issued), a faculty member or instructor (typically for academic misconduct charges), or a University administrator or staff member. Where the complainant is a student or someone else who is not a University employee, that person may testify as a witness but the case will be presented by a University employee designated by the Office of Student Conduct. 4.3.4 The presiding officer or Director, Office of Student Conduct, may require attendance of witnesses upon the motion of any Board member or of either party or any judicial assistant. Such witness attendance notices must be approved by the Director, Office of Student Conduct, and shall be personally delivered or sent by certified mail, return receipt requested. University students and employees must comply, unless excused by the Director for good cause such as significant and unavoidable personal hardship or substantial interference with normal University activities. 4.3.5 If a respondent fails to appear after proper notice, the complainant will still be required to present his or her evidence. The case will be decided on the basis of that evidence. 4.3.6 Hearings will be closed to the public. The respondent may bring an observer in accordance with the section below on Representatives and Advisors. 4.3.7 The presiding officer shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing. The presiding officer may recess the hearing if the Board determines that the presence of additional persons is critical to their decision making process. Any person, including the respondent, who disrupts a Hearing may be excluded by the presiding officer or by the Director, Office of Student Conduct. 4.3.8 Hearings shall be tape recorded. The tape(s) will reside with the respondent's file and will be available to the student as part of his/her student record, with appropriate redaction of information related to other students unless such information is a necessary part of an appeal. 4.3.9 Any party may challenge a Board member on the grounds of personal bias. Board members may be disqualified by the Director, Office of Student Conduct. 4.3.10 Witnesses shall be asked to affirm that their testimony is truthful. Witnesses who intentionally provide false information may be subject to University disciplinary action. 4.3.11 Prospective witnesses, other than the complainant and respondent, will be excluded from the Hearing during the testimony of other witnesses. If the charges include sexual misconduct, the alleged victim will have the same access to the proceedings as the respondent. All parties and witnesses shall be excluded during Board deliberations. The Director, Office of Student Conduct, may observe deliberations, but may not participate in discussion or attempt to influence the outcome. 4.3.12 The burden of proof shall be upon the complainant, who must establish the guilt of the respondent by clear and convincing evidence. The respondent's past disciplinary record will be available at the sanctions portion of the hearing. When a respondent's case has been adjudicated in criminal court for the same charges, and the respondent has either pled guilty or been found guilty, guilt for a corresponding violation of the Code of Student Conduct is deemed to be established and a Hearing may be held under this process to determine sanction(s) only. 4.3.13 Formal rules of evidence shall not apply in disciplinary proceedings conducted pursuant to the Code. Unduly repetitious or irrelevant evidence or witnesses may be excluded by the presiding officer. Hearsay evidence may be presented unless the presiding officer determines it is too unreliable; provided that the respondent shall have an opportunity to rebut any hearsay evidence. 4.3.14 The Fifth Amendment privilege against self-incrimination is not applicable in campus disciplinary cases. Hearings are investigatory in nature and the hearing panel needs to engage the respondent in discussion and dialogue in order to reach a result. Respondents in disciplinary proceedings are expected to answer questions concerning their conduct. 4.3.15 The constitutional prohibition against Double Jeopardy in criminal cases does not apply to student disciplinary hearings. Thus, for example, the University may impose disciplinary sanctions even where there has been a criminal trial on the same matter. 4.3.16 Board members may take notice of commonly known information within the general experience of University students and faculty members; provided that the respondent is informed of any such information and given an opportunity to address it at the hearing. 4.3.17 Written witness statements are the student disciplinary equivalent of affidavits but without the formalities. They shall not be admitted into evidence unless signed by the affiant and witnessed by the Director, Office of Student Conduct. Exceptions to the witnessing requirement may be approved by the Director for good cause. Character reference statements introduced at sanctioning need not be witnessed. 4.3.18 The sequence of a Hearing shall be as follows -The presiding officer shall read statements regarding the expectations for truthfulness and confidentiality, then sequester the witnesses in the case, except as provided in this Procedures Manual. -The presiding officer shall read the charge(s) and accept a plea from the respondent. -The complainant shall present his or her case, including any witnesses. The Board may question the complainant and witnesses during the presentation. -The respondent shall present his or her case including any witnesses. The Board may question the respondent and witnesses during the presentation. -The complainant will have a period of rebuttal in which to comment on the respondent's evidence and ask questions of the respondent and other witnesses. Questions will be directed through the Board. The presiding officer may limit questioning that is abusive, irrelevant, or redundant. -The respondent will have a period of rebuttal following the same guidelines as described for the complainant. -The complainant may make a closing statement. A closing statement is a short summary of the evidence previously presented, and conclusions the speaker wishes the Board to draw from the evidence. -The respondent may make a closing statement. -The Board will enter into a period of deliberations. A decision will be made by majority vote. Only the Board members and the Director, Office of Student Conduct, may be present at deliberations. Deliberations are not tape-recorded. The Board may deliberate at such time and place as it chooses to effect a reasonable and timely decision in the case. -The Board will announce their decision. Decisions of the Board may be guilty, not guilty, or insufficient evidence. Insufficient evidence is an indication from the Board that some quantity of evidence did exist but that the complainant has not fully met the burden of proof in the case. Files and records for cases with a decision of insufficient evidence are handled consistent with the practice for not guilty cases. -A determination of guilt shall be followed immediately by a supplemental proceeding in which either party may submit evidence or make statements concerning the appropriate sanction to be imposed. The past disciplinary record of the respondent shall not be supplied to the Board prior to the supplementary proceeding, except in cases where the charge includes failure to follow through on previous sanctions, recommendations, directives or violations of behavioral contracts. In those instances the allegations of the complaint would of necessity reflect the past disciplinary record of the respondent. -The Board will enter into a period of deliberation for sanctioning. A decision will be made by majority vote. Procedures for this deliberation are the same as for deliberation of innocence or guilty on the charge(s). -As the designee for the Vice Chancellor for Student Affairs, the Provost, the Dean of the Graduate School or the Dean of the College of Veterinary Medicine, the Board has authority to impose sanctions up to and including suspension from the University. A decision by the Board that expulsion is the appropriate sanction will be forwarded by the Board in the form of a recommendation to the Vice Chancellor for Student Affairs (non-academic cases) or Provost (academic cases). -Any determination of guilt and sanctions will be provided to the respondent in writing at the conclusion of the Hearing. In addition, a fuller written explanation of the findings and reasoning supporting the Board's decision will be delivered through either personal delivery or certified mail. The time limit for filing an appeal begins when the fuller written explanation is delivered. 4.4 Administrative Hearings Students referred for a hearing before the Board may elect instead to have their case resolved by a staff member in the Office of Student Conduct. All the rights, responsibilities, and procedures applicable to a hearing before the Board also apply in an Administrative Hearing except that the decision-maker is the staff member. 4.5 Extraordinary Disciplinary Intervention: Interim Suspension 4.5.1 4.5.1 Students subject to interim suspension shall be accorded an informal hearing before the Vice Chancellor for Student Affairs, or his or her designee. The Director, Office of Student Conduct may observe and answer questions the Vice Chancellor for Student Affairs or his or her designee may have. 4.5.2 The following guidelines will be applicable: -Students will be informed of the time, date, and location of the informal hearing, in writing, either by personal delivery or certified mail, at least two University business days in advance. This notice period may be waived in writing by the student. The student will remain suspended on an interim basis pending completion of the informal hearing, but will be allowed to enter upon the campus to attend the hearing, or for other necessary purposes, as authorized in writing by the Vice Chancellor for Student Affairs, or designee. -The interim suspension order may require the student to be evaluated by a licensed psychiatrist or psychologist. In those cases, the informal hearing will be held within five (5) University business days after the student has been evaluated. -The entire disciplinary case file, including psychiatric or NCSU Counseling Center recommendations and the names of prospective witnesses, will be available for inspection by the student in the Office of Student Conduct, during normal business hours. -The informal hearing shall be conversational and non-adversarial. Formal rules of evidence will not apply. The Vice Chancellor for Student Affairs or his or her designee shall exercise control over the proceedings to avoid needless consumption of time and to achieve the orderly completion of the hearing. Any person who disrupts the hearing may be excluded. -The student may choose to be assisted by an observer and a licensed psychologist or psychiatrist, or, in lieu of a licensed psychologist or psychiatrist, by a member of the faculty or staff of the institution. The student may also be accompanied by legal counsel, although the role of counsel will be limited to observing and providing legal advice to the student in a manner that does not interfere with the hearing. -Those assisting the student, except for legal counsel, will be given reasonable time to ask relevant questions of any individual appearing at the informal hearing, as well as to present relevant evidence. -Whenever possible, the student will be expected to respond to questions asked by the Vice Chancellor for Student Affairs or his or her designee. If a Student refuses to answer, the Vice Chancellor for Student Affairs or his or her designee may draw a negative inference from the refusal, and this may result in continued or indefinite suspension from the institution. -The informal hearing may be conducted in the absence of a student who fails to appear after proper notice. -Where a psychiatric or psychological evaluation is required in the interim suspension order, the psychiatrist who prepared the evaluation or NCSU Counseling Center staff member who prepared the recommendation may be expected to appear at the informal hearing, and to respond to relevant questions, upon request of any party, if the Vice Chancellor for Student Affairs or his or her designee determines that such participation is essential to the resolution of a dispositive issue in the case. Or the psychiatrist, psychologist, or counselor may be asked to provide a written statement. The student will be asked to release to the individuals present any medical information. -The informal hearing shall be tape recorded by the Vice Chancellor for Student Affairs or his or her designee. The tape will be kept with the pertinent case file for as long as the case file is maintained by the institution. -A written decision shall be rendered by the Vice Chancellor for Student Affairs or his or her designee within five (5) University business days after the completion of the informal hearing. The written decision will contain a statement of reasons for any determination to continue interim suspension. The student should also be advised as to when a petition to lift the interim suspension would be considered, along with any conditions for lifting the suspension. -The decision of the Vice Chancellor for Student Affairs or his or her designee regarding interim suspension shall be final and conclusive and not subject to appeal. - Campus disciplinary proceedings shall be scheduled as soon as practicable following the interim suspension, unless the student requests a deferral until after any criminal proceedings or medical treatments. A request for deferral must be filed with the Director, Office of Student Conduct, within two (2) University business days of receipt of the initial interim suspension order or the informal hearing decision by the Vice Chancellor for Student Affairs or his or her designee. In reviewing the request the Director shall consider the following: - Whether the interests of the University will be served by postponing the campus proceedings until after the criminal process or medical treatment has been resolved. - The amount of time the resolution might take. - The likelihood that witnesses necessary to provide for a full and fair hearing on campus will or will not be available at a later date. 4.6 The Student Government Review Board This Review Board will use Student Faculty Hearing Board procedures to the extent practical, except there shall be no appeal and hearings may proceed expeditiously where time is of the essence. 4.7 Representatives and Advisors 4.7.1 Representation is not permitted in University disciplinary hearings or conferences. 4.7.2 However, respondents referred for a Hearing may be accompanied by an adviser, who must be a student, student assistant from the Student Judicial Office, staff or faculty member who is not an attorney. Full responsibility for understanding the procedures and presenting the case remain with the respondent even where an adviser provides assistance. 4.7.3 In addition to an adviser, respondents may bring an observer to the hearing. An observer may be a parent, friend, or other person of the respondent's choice. The observer may be an attorney only if criminal charges arising out of the same incident have been filed. Observers may not provide representation at the hearing or otherwise actively participate in the hearing, or disrupt or delay it. 4.7.4 Victims of sexual offenses who bring charges under this process have the same right to be accompanied by an adviser and observer, while in the hearing, as does the respondent. 4.8 Appeals 4.8.1 Non-academic cases -Any disciplinary decision that results in a sanction less than suspension, may be appealed to the Associate Vice Chancellor for Student Affairs, the Associate Dean of the Graduate School (for graduate students), or the Associate Dean of the College of Veterinary Medicine (for CVM students) or their designees, whose decision shall be final at North Carolina State University ("University"). -Suspension decisions may be appealed by the respondent to the Vice Chancellor
for Student Affairs, Dean of the Graduate School (for graduate students),
or Dean of the College of Veterinary Medicine (for CVM students) or their
designees, and then to the Student and Campus Affairs Committee of the Board
of Trustees, whose decision shall be final. -Expulsion decisions may be appealed to the Student and Campus Affairs Committee of the Board of Trustees. If the Student and Campus Affairs Committee reverses the decision of the Vice Chancellor, the Dean of the Graduate School or the Dean of the College of Veterinary Medicine or their designee, the Committee's decision must be approved by the full Board of Trustees. Expulsions may be further appealed to the UNC Board of Governors. 4.8.2 Academic cases -Any disciplinary decision that results in a sanction less than suspension, may be appealed to the Vice Provost for Undergraduate Affairs, the Dean of the Graduate School or the Dean of the College of Veterinary Medicine or their designee. That shall be the final decision at the University. -Any suspension decision may be appealed to the Provost, or his/her designee, and then to the Student and Campus Affairs Committee of the Board of Trustees, whose decision shall be final. -Expulsion decisions may be appealed to the Student and Campus Affairs Committee of the Board of Trustees. If the Student and Campus Affairs Committee decides to reverse the decision of the Provost, or his/her designee, the Committee's decision must be approved by the full Board of Trustees. Expulsions are may be further appealed to the UNC Board of Governors. -Students who have signed the "Report of an Academic Integrity Violation" form, and are subsequently suspended or expelled, are limited to issues of sanction only. 4.8.3 Grounds for appeal at the University are limited to: 4.8.3.1 The decision violates due process rights. 4.8.3.2 There has been a material deviation from the Substantive and Procedural Standards adopted by the UNC Board of Governors. The Board of Governors Standards are posted at http://intranet.northcarolina.edu/docs/legal/policymanual/700.4.1.pdf and are attached as Appendix I. to this Procedures Manual. Commentary: under the appeal rights set by the UNC Board of Governors and applicable at NC State, a respondent would have the burden of showing that the disciplinary decision either violates state or federal law, materially violates the procedures in the Procedures Manual, or there is a lack of evidence in the record that could support the decision. Note that this last ground for appeal does not mean the evidence can be reargued on appeal; rather, it requires a showing that no reasonable person could have found support in the evidence for the position taken by the decision-maker. 4.8.4 Record on Appeal -- In all cases resulting in a University-level appeal, the decision, the complete record of the proceeding (including documentary evidence and any recording or transcript of testimony), the appeal materials filed by the student, and any other relevant information, will be compiled by the Director, Office of Student Conduct (or the Office of Legal Affairs in appeals to the Board of Trustees) and delivered to the person(s) reviewing the appeal. 4.8.5 Deadline and Place for Delivery of Notice of Appeal -- For appeals at the University level, the student 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. An extension of time may be requested within the 10-day limit, but it is within the discretion of the person deciding the appeal to grant or deny such requests. Written notice of appeal must be delivered to the Office of Student Conduct, except that notice of appeal must be delivered to the Chancellor's office for appeals to the Board of Trustees. The notice of appeal is not complete unless it contains the following: -A copy of the decision being appealed. Only the student who has been found guilty of a disciplinary violation may appeal. -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 and statement of why the decision or sanctions are in error. -A requested remedy. -The signature of the appellant and date the appeal is being submitted to the University. 4.8.6 University-level appeals will be decided on the record of the original proceedings. New hearings will not be conducted on appeal. However, the person(s) reviewing the appeal may choose to ask the parties to submit written statements of their positions on appeal, beyond the information in the appeal notice. If the hearing body is alleged to have violated University procedures or due process, a written response may be solicited from the hearing body or the Office of Student Conduct on its behalf. Any such written statements from the parties or the Office of Student Conduct must be drawn on information in the record; they cannot include new evidence or facts bearing on guilt or culpability that were not presented at the hearing. Normally, oral statements from the parties will not be allowed in an appeal. Any decision to allow new information or oral statements in the appeals process will be made by the person(s) reviewing the appeal. 4.8.7 University-level appeals may result in any of the following outcomes: -The finding and sanction imposed by the original Board/decision-maker may be affirmed. -The case may be remanded to the initial level of decision-maker for a supplemental hearing or for a new hearing. Cases will only be remanded if specified procedural errors or errors in interpretation of University policy or regulations were so substantial as to effectively deny the respondent a fair hearing, or if new and significant evidence became available which could not have been discovered by a properly diligent respondent before or during the original hearing. -The case may be dismissed. Dismissal would occur only if there is insufficient evidence to support a finding of guilt. 4.8.8 In cases with sanctions less than suspension, the final level of appeal in non-academic cases is the Associate Vice Chancellor for Student Affairs, Associate Dean of the Graduate School, or Associate Dean of the College of Veterinary Medicine or their delegate. In academic cases, it's the Vice Provost for Undergraduate Affairs, the Associate Dean of the Graduate School, or the Associate Dean of the College of Veterinary Medicine or their delegate. In cases where the sanction is suspension the first appeal level is the Vice Chancellor for Student Affairs (non-academic cases) or the Dean of the College of Veterinary Medicine or the Dean of the Graduate School or their delegate. For academic cases involving suspension, the Provost or delegate is the first level of appeal. The final level of appeal in suspension cases is the Student and Campus Affairs committee of the NC State Board of Trustees. In cases where the sanction is expulsion, the appeal goes to the Student and Campus Affairs committee of NC State Board of Trustees. In cases of expulsion, a further appeal may be made to the UNC Board of Governors. Appeals to the Board of Governors should be sent by certified or registered mail, return receipt requested, to the President of the University of North Carolina within ten calendar days after the student receives the final University decision. The mailing address for appeals to the Board of Governors is: c/o Vice President and General Counsel, Office of the President, University of North Carolina, P.O. Box 2688, Chapel Hill NC 27515-2688. 4.8.9 The imposition of sanctions may be deferred during the pendency of appellate proceedings, at the discretion of the person(s) reviewing the appeal, either upon request of the student or on the reviewing body's own initiative. 4.8.10 Each student who has received a disciplinary sanction shall be notified in writing of the appeal rights. This notice must be given no later than the date the written decision is delivered to the student (or the date delivery is properly attempted, in the event delivery is not successful). 4.9 Disciplinary Files, Records, and Transcript Notations 4.9.1 Disciplinary decisions will be kept in a disciplinary file in the name of the respondent, which shall be destroyed if the respondent is found innocent of the charges or the case is dismissed. These files will be so marked and kept for six months prior to destruction, but shall not be filed with active disciplinary records. These files shall not leave any student with a disciplinary record. 4.9.2 The disciplinary files of respondents found guilty of any charges other than suspension or expulsion will be retained for five years from the date of the letter providing notice of final disciplinary action in the Office of Student Conduct and University Housing, and then destroyed. Records of cases resulting in sanctions of suspension or expulsion are permanent and will not be destroyed. Disciplinary records for respondents who were found guilty may be reported to third parties, in accordance with University regulations and applicable laws. 4.9.3 A temporary hold may be placed on a student's records while disciplinary proceedings are pending. While on hold a student may not register for classes or receive an official copy of his or her transcript. Students may not participate in ceremonies or graduate while disciplinary action is pending. 4.9.4 Permanent notation of disciplinary action will be made on the transcript whenever a student is expelled. Transcript notations of disciplinary action will also be made if a suspension is implemented, although students may petition for removal of the notation when the suspension period has expired. (Permanent Transcript Notations may not be removed.) Such a petition may be granted at the discretion of the Vice Chancellor for Student Affairs, or his or her designee if the suspension is non-academic in nature. If the suspension is for Academic Misconduct then such a petition may be granted at the discretion of the Vice Provost and Dean of Undergraduate Studies or his or her designee if the student is an undergraduate, or the Dean of the Graduate School or his or her designee if the student is a graduate student, or the Dean of the College of Veterinary Medicine if the student is in that College. Factors to be considered in reviewing petitions for notation removal after suspension include: -The present demeanor of the student -The student's conduct subsequent to the violation -The nature of the violation, including the issue of premeditation and/or the severity of any resulting damage, injury, or harm. Appendix I - UNC Board of Governors Policy From the Policy Manual of the Board of Governors of The University of North Carolina, posted at http://intranet.northcarolina.edu/docs/legal/policymanual/700.4.1.pdf 700.4.1 Adopted 11/08/02 P OLICY ON M INIMUM S UBSTANTIVE AND P ROCEDURAL S TANDARDS FOR S TUDENT D ISCIPLINARY P ROCEEDINGS The purpose of this policy is to establish legally supportable, fair, effective and efficient procedures for student disciplinary proceedings. The minimum standards for these proceedings are set out below. These minimum standards exceed the requirements of due process and therefore complying with requirements will also result in providing due process. I. Elements of Policy: The two kinds of standards that must be followed are procedural standards and substantive standards. II. Procedural: The procedural standards require notice and an opportunity for a hearing. The formality of these provisions will vary depending on the seriousness of the offense. (See Sections V and VI. below.) III. Substantive: Substantive standards require that the decision reached be neither arbitrary nor capricious. Generally this means that there is some evidence to support the decision reached. IV. Notice Requirements: Each constituent institution must define what conduct is prohibited and specify the types of sanctions that may be imposed for each category of prohibited conduct. Ranges of violations and ranges of sanctions are permissible. Progressive sanctions for multiple violations are also legitimate. A periodic review should be undertaken to insure that rules, codes and regulations are up to date and that the students have notice of any changes. V. Requirements for Minor Violations: A minor violation is one for which the possible sanctions are less than suspension and expulsion. A. Procedural Requirements: 1. Charges may be brought by students, University officials, faculty members or staff members. The charge must be in writing and must include factual information supporting the allegation. Anonymous charges will not be permitted. 2. A designated University official will determine whether charge is to be pursued. This determination should be made within a specified amount of time (e.g. thirty (30) calendar days) after the initiation of the charge. Reasonable extensions of this time are permissible. 3. If a charge is to be pursued, it is then referred to a hearing official or body. The student must be notified in writing of charge, the referral and the hearing date. The hearing should not be scheduled for at least five (5) calendar days after the student receives the notice, unless the student agrees to an earlier hearing date. A committee member or the hearing official who has a conflict with, bias about or interest in the case should recuse himself. If the committee member or the hearing official refuses to recuse himself, a designated University official shall make the recusal decision. 4. The student may waive the hearing and accept a sanction proposed by a designated University official. The sanction must be within the ranges specified in accordance with paragraph IV above. The waiver and acceptance must be in writing and signed by the student. 5. If a hearing is held, it may occur as a meeting between the hearing committee/official and the student. It will be a closed meeting. No attorneys are allowed in this proceeding except as provided in paragraph VII.A. below. The institution shall assure that students have the capability to present their evidence and defenses at the meeting or hearing. Witness testimony and documents may be received from both the designated University official and the student, who will both be present during all of the evidentiary presentation. At the end of the hearing, the committee/official will determine whether the designated University official has shown by a preponderance of the evidence that the student committed the offense charged. This determination must be based solely on the evidence presented at the hearing or meeting. The committee/official will also determine the appropriate sanction within the ranges specified in the definitions in IV above. 6. The decision may be final or it may be a recommendation for a final decision by a designated University official. The final administrative decision must be reached within a specified amount of time, not to exceed 45 calendar days after the date of the hearing. The final administrative decision must be transmitted to the student in writing within ten (10) calendar days of the date the decision is made, and it must contain a brief summary of the evidence upon which the decision is based. 7. Appeal rights must be specified in the decision letter. At least one level of administrative appeal must be permitted and the time in which to appeal and the permitted grounds for the appeal must be articulated. Further appellate opportunities shall be governed by the Code of the University of North Carolina. B. Substantive Requirements: In each case there must be sufficient evidence supporting the decision and the sanction. VI. Serious Violations: A serious violation is one for which the possible sanctions include suspension or expulsion. A. Procedural Requirements: 1. Charges may be brought by students, University officials, faculty members or staff members. The charge must be in writing and must include factual information supporting the allegation. Anonymous charges will not be permitted. 2. A designated University official determines whether charge is to be pursued. This determination should be made within a specified amount of time (e.g. thirty (30) calendar days) after the initiation of the charge. Reasonable extensions of this time are permissible. Written notice to the student must be provided if a decision is made to pursue the charge. The notice should specify the offense charged, the possible sanctions and a brief recitation of the factual allegations supporting the charge. For all charged offenses which could result in expulsion, the notice must include this possibility and must specify that expulsion precludes matriculation at any UNC constituent institution. 3. An active charge is then referred to a hearing official or body. The student must be notified in writing of the referral. This notice may include a hearing date. The hearing date may not be scheduled for at least ten (10) calendar days after the student receives notice of the referral, unless the student agrees to an earlier hearing date. Reasonable extensions of time for either party to prepare for the hearing should be allowed. 4. If a hearing date is not set in the notice of the charge, written notice of the hearing date must be sent to be received by the student not less than five (5) calendar days before the proceeding is scheduled for hearing. 5. The student may waive the hearing and accept a sanction proposed by a designated University official. The sanction must be within the ranges specified in accordance with paragraph IV above. The designated University official must determine that the waiver and acceptance is voluntary and that the charge and sanction have factual support. The waiver and acceptance must be in writing and signed by the student and the designated University official. 6. Prior to the hearing, the student must be given the opportunity to review any written evidence that will be used at the hearing and to obtain a list of witnesses. 7. A committee member or hearing official who has a conflict with, bias about or an interest in a case must recuse himself. If the committee member refuses to recuse himself, a designated University official will make the recusal decision. The student must also be given the opportunity to challenge a committee member or hearing official on these grounds. The decision on the challenge must be made by the committee or official within five calendar days. If necessary, a substituted committee member or hearing official will be appointed. 8. The institution shall assure that students have the capability to present their evidence and defenses at the hearings. The method for assuring this capability may vary depending on the nature of the case and on the nature of the representation of the institution or the charging party. Each institution must have a policy delineating the participation or prohibition of attorneys. Representation or assistance by attorneys at the hearing is neither required nor encouraged. 9. The hearing will be closed to the public, unless a constituent institution's policy provides otherwise. 10. A transcript or other verbatim record of the hearing (but not of the deliberations) will be prepared. The institution will be responsible for the costs of this record. 11. At the hearing, a designated University official must present sufficient witness and/or documentary evidence to establish the violation. The student must be given an opportunity to question this evidence, either by direct questions or inquiries transmitted through the committee or hearing official. 12. The student must be given the opportunity to present any witness or documentary evidence that he offers, provided that the evidence is relevant to the charge or other evidence presented and does not otherwise infringe the rights of other students. 13. At the conclusion of the evidence, the committee/official will determine whether the charging official has shown by a preponderance of the evidence, or by such higher standard as the institution may adopt, that the student committed the offense charged. This determination must be based solely on the evidence presented at the hearing. The committee or official will also determine the appropriate sanction within the ranges specified in accordance with paragraph IV above. 14. The decision may be final or it may be a recommendation for a final decision by a designated University official. The final administrative decision must be reached within a specified amount of time, not to exceed forty five (45) calendar days after the hearing is completed. The final administrative decision must be transmitted in writing 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. 15. A vice chancellor or his delegate must make the final administrative determination in all suspension cases. The delegation may be to a student committee or a student/employee committee. 16. The Chancellor or a vice chancellor must make the final administrative decision in all expulsion cases. 17. Appeal rights must be specified in the final decision letter. At least one level of institutional appeal must be permitted, and the time limits in which to appeal and the permitted grounds for appeal must be articulated. 18. Further appeals shall be governed by the Code of the University of North Carolina. B. Substantive Requirements: In each case there must be sufficient evidence supporting the decision and the sanction. VII. Special Cases: A. If the offense charged is also the subject of pending criminal charges, the institution must allow an attorney advisor to accompany the student to the hearing. Unless institutional policy generally allows attorneys to participate, the attorney may not participate. The attorney may confer with the student during the hearing so long as the attorney does not address the hearing official or committee, other parties or witnesses and does not delay or disrupt the proceeding. B. Charges against multiple students involved in the same incident may be heard in a single case only if each student defendant consents to such a proceeding. C. Pursuant to the Campus Security Act, in cases of alleged sexual assault, the accuser and the accused are entitled to have the same opportunities to have others present during a disciplinary proceeding. D. Pursuant to FERPA, victims of crimes of violence must 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. E. When a student with a disability is charged with an offense, the institution will assure that all requirements of Section 504 of the Rehabilitation Act and the Americans With Disabilities Act are met. Effective Date: This policy applies to all offenses committed on or after July 1, 2003. Appendix II -- Director's Responsibilities The Director, Office of Student Conduct, is responsible for implementation and related activities for the Code and supervises the efforts of those involved in student discipline. The Director: (a) develops a program to insure that students, faculty and staff are aware of the standards of conduct articulated in the Code, and are aware of the procedures for resolution of disciplinary charges. (b) reviews allegations of misconduct and makes a determination of the disciplinary charges to be filed pursuant to the Code. (c) reviews all campus appearance tickets and determines whether cases will be resolved by the Office of Student Conduct, by University Housing, by the Graduate School or College of Veterinary Medicine, or through alternative dispute resolutions. (d) interviews and advises parties involved in disciplinary proceedings. (e) serves as liaison with University Housing in all areas involving discipline of residents. (f) serves as liaison with the Associate Deans of the Graduate School and the College of Veterinary Medicine in all areas involving discipline of graduate students. (g) trains and advises, with the assistance of the Student Chief Justice,
all students and Board members involved in discipline other than those involved
in discipline in University Housing. (h) makes recommendations to the Vice Chancellor for Student Affairs regarding proposed changes to the Code of Conduct or the Procedures Manual. (i) maintains all student disciplinary records. (j) develops and implements procedures for conflict resolution and mediation or refers to appropriate resources. (k) resolves, along with trained students and judicial Boards, cases of
student misconduct. (l) resolves cases where students have selected the Administrative Hearing process to resolve their charges. (m) accepts or denies, according to published policy, standard procedures, or case precedent when clearly erroneous, the recommendation of sanctions from "Disciplinary Conferences" when conducted by trained students. (n) collects and disseminates research and analysis concerning student conduct. (o) submits a statistical report each semester to the campus community, through the Vice Chancellor for Student Affairs, reporting the number of cases referred to the office, the number of cases resulting in disciplinary action, and the range of sanctions imposed. The Director may delegate his or her responsibilities and authority to a professional staff member of the Office of Student Conduct when assistance is needed. |
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