The
UNC Charlotte Code of Student Responsibility exercises
the duty of the Chancellor to regulate matters
of student conduct in the University community.
It was approved by the Chancellor on May 22, 2003,
after consultation with appropriate representatives
of the student government and has been amended
periodically thereafter.
The
UNC Charlotte Code of Student Academic Integrity (Policy
Statement #105) governs student behavior relating
to academic work. All UNC Charlotte students are
expected to be familiar with both Codes and to
conduct themselves in accord with these requirements.
All
student inquiries concerning these documents should
be directed initially to the Senior
Associate Dean and Director of Student Conduct in the Office of the Dean
of Students.
The
current version of either document, which may
be revised from time to time, shall be available
from the Office of the Dean of Students or online
at http://www.legal.uncc.edu/policies/ps-104.html
(Code of Student Responsibility) and http://www.legal.uncc.edu/policies/ps-105.html
(Code of Student Academic Integrity).
Special Note: Any student needing assistance
because of a disability may contact the Office of
Disability Services at 704/687-4355.
Table
of Contents
I. Purpose
II. Authority; Delegation; Exclusive Coverage
III. Jurisdiction; Interpretation of Regulations
IV. Inherent Authority
V. Student Participation
VI. Standards of Due Process
VII. Violations of Law and Student Conduct Regulations
VIII. Definitions
IX. Conduct Rules and Regulations
X. Student Groups and Organizations
XI. Individual Sanctions
XII. Group or Organization Sanctions
XIII. Interim Suspension
XIV. Case Referrals
XV. Mutual Resolution and Waiver of Hearing
XVI. Notification
of Hearing
XVII. Hearing Panels
XVIII. Hearing Procedures
XIX. Appeals
XX. Deferral of Sanctions
XXI. Conduct Files and Records
XXII. Directory of Related Student Affairs Numbers
I. Purpose
The primary purposes for the imposition of discipline in the
University setting are to protect the campus community
and to maintain an environment conducive to learning.
Consistent with those purposes, efforts also will
be made to foster the personal and social development
of those students who are held accountable for
violations of University regulations.
II. Authority; Delegation; Exclusive Coverage
The Code of the University of North Carolina,
Section 502 D(3), provides:
Subject to any policies or regulations of the Board of Governors
or of the Board of Trustees, it shall be the duty
of the Chancellor to exercise full authority in
the regulation of student affairs and student
conduct and discipline. In the discharge
of this duty, delegation of such authority may
be made by the Chancellor to faculty committees
and to administrative or other officers of the
institution or to agencies
of student government, in such manner and to such
extent as may by the Chancellor be deemed necessary
and expedient. In the discharge of the Chancellor’s
duty with respect to matters of student discipline,
it shall be the duty of the Chancellor to secure
to every student the right to due process.
Appeals from these student conduct decisions are
allowable only on the following grounds:
a. a violation of due process;
or
b. a material deviation from
Substantive
and Procedural Standards adopted by the Board
of Governors.
Where the sanction is suspension or expulsion, an appeal may
be made to the Board of Trustees. No appeal
to the President of the University of North Carolina
is permitted. When the sanction is
expulsion, the final campus decision is appealable
to the Board of Governors.
III. Jurisdiction; Interpretation of Regulations
Jurisdiction under this Code may be exercised with respect to
an incident that occurs at any time between a
student's application for initial enrollment and
the granting of his or her degree or other termination
of association with the University. Jurisdiction
extends to any incident related to a student's
application for admission or financial aid or
otherwise related to his or her admission to the
University.
The Code applies only to those instances of student conduct
which are harmful to the appropriate interests
of the University: (1) the opportunity of all
members of the University community to attain
educational objectives consistent with the policies
and purposes of the University; (2) the protection
of the health, safety, welfare, and property of
all persons in the University community; and (3)
the protection of the University's integrity and
its property.
Instances of student misconduct may be subject to this Code
whether or not they occur on the campus or on
other property under University control. The Vice
Chancellor for Student Affairs shall determine
whether an incident off campus affects University
interests and thus falls within the scope of the
Code of Student Responsibility.
Student conduct regulations at the University are set forth
in writing in order to give students general notice
of prohibited conduct. The regulations should
be read broadly and are not designed to define
misconduct in exhaustive terms.
IV. Inherent Authority
The University reserves the right to take necessary and appropriate
action to protect the safety and well-being of
the campus community. The Chancellor has delegated
to the Senior Associate Dean and Director of Student
Conduct and the Associate Vice Chancellor and
Dean of Students the authority to administer the
student discipline program. The Senior Associate
Dean and Director of Student Conduct may investigate
a case as well as adjudicate or advise a hearing.
The investigation by the Senior Associate Dean
and Director of Student Conduct may be in conjunction
with University Police and Public Safety and/or
local police.
V. Student Participation
Students are asked to assume positions of responsibility in
the University student conduct system so that
they might contribute their skills and insights
to the resolution of student conduct cases. Final
authority in student conduct matters, however,
is vested in the University administration, subject
to policies or regulations of the Board of Trustees
or the Board of Governors.
VI. Standards of Due Process
1. Any party charged
with a violation of this Code is entitled to a
hearing before a hearing panel composed of either
Student Court Panel members, an Administrative
Hearing Panel composed of faculty and/or staff,
or a combination of members of the Administrative
Hearing Panel and Student Court Panel, as specified
in Section XVII of this Code, except where the
party and the University agree to settle the charge
without a hearing, as provided in Section XV.
2. The focus of
inquiry in student conduct proceedings shall be
to determine whether the accused is or is not
responsible for violating student conduct regulations.
Formal rules of evidence shall not be applicable,
nor shall deviation from prescribed procedures
necessarily invalidate a decision or proceeding,
unless significant prejudice to an accused party
or the University may result.
VII. Violations of Law and Student Conduct Regulations
This student conduct Code differs from the criminal justice
system in scope, purpose, procedure, and outcome,
and it is not designed to replace state or federal
criminal laws or procedures. Students are required
to comply with all North Carolina and federal
laws. Students may be accountable to both civil
authorities and to the University for acts that
constitute violations of law and this Code.
Any student conduct action under this Code
that results in a revocation of privileges of
enrollment or continued attendance is intended
to uphold and promote the purpose and principles
of the Code, and is not a substitute for any penalties
associated with criminal laws. Student
conduct action at the University will normally
proceed during the pendency of criminal proceedings
and will not be subject to challenge on the ground
that criminal charges involving the same incident
have been dismissed or reduced.
VIII. Definitions
When used in this Code:
1. Unless otherwise
specified, the term "day" means any
day except Saturday, Sunday, or any day when no
University classes are held.
2. The term "distribution"
means sale or exchange for personal profit.
3. The term "gambling"
means operation of any "game of chance"
or playing at or betting on any game of chance
at which any money, property or other thing of
value is bet, whether the same be in stake or
not. A "game of chance" is any game
or scheme in which receiving something of value
depends on chance rather than skill.
4. The term "group"
means a number of persons associated with each
other for a common purpose and who have not complied
with Student Government formal requirements for
registration.
5. The terms "institution"
and "University" mean The University
of North Carolina at Charlotte.
6. A “Minor Violation”
is a violation of this Code for which the possible
sanctions are other than suspension and expulsion.
7. The term "organization"
means a collection of persons who have complied
with Student Government formal requirements for
registration.
8. The term “party”
or “accused party” means a student or a group
or organization, as defined herein, charged with
a violation of this Code.
9. The term
“possession” or “possessing” means knowingly or intentionally physically holding or
controlling the subject item (such as alcohol,
controlled substances, drug paraphernalia, weapons,
stolen property, fireworks, or betting devices),
or owning or controlling a room, car, or other
area where the subject item is present and where
the person owning or controlling the room, car
or other area knew or had reason to know that
the subject item was present. The presence
of the subject item in a room, car or other area
creates a rebuttable presumption that the person
owning or controlling the room, car or other area
had knowledge of the item’s presence.
10. The term "record
on appeal" means the letter containing charges;
the audio recording of the hearing; and all documents
offered as evidence at the hearing; the written
opinion of the Hearing Panel; and any decision
of the Senior Associate Dean and Director of Student
Conduct or designee.
11. The term "responsible"
means determined by University student conduct
procedures to be responsible for violating the
Code of Student Responsibility.
12. The term "separation
of the student from the University" means
that the student may not be present on University
campus or property, attend or participate in classes,
manipulate any web site or other material residing
on the University’s web server, access University’s
email services, enter or use any University service
or facility, including residence, dining, recreation,
leisure, library, or computer lab services or
facilities, or participate in recognized University
clubs or any University-sponsored program, activity,
or related event.
13. A “Serious
Violation” is a violation of this Code for which
the possible sanctions include suspension or expulsion.
14. The term "sexual
act" means sexual intercourse, cunnilingus,
fellatio, or anilingus, or knowingly inserting
an object or part of one's body into another's
genital or anal opening.
15. The term "sexual
assault" means intentionally touching the
sexual parts (breasts, genitals, or buttocks)
of another or intentionally touching another with
one's sexual parts, without that person's consent.
16. The term "sexual
harassment" means engaging in unwelcome sexual
advances, requests for sexual favors, or other
verbal or physical conduct of a sexual nature
when the employment or academic advancement of
another is made contingent upon submission to
such conduct, or when submission to or rejection
of such conduct by an individual is used as the
basis for employment or academic decisions affecting
such individual, or when such conduct has the
purpose or effect of interfering with the other's
work or academic performance, or of creating an
intimidating, hostile, or offensive working or
academic environment.
17. The term "sexual
invasion" means knowingly engaging in a sexual
act with another person without the other's consent.
18. The term "sexual
misconduct" means engaging in a sexual act
or exposing the private parts of one's person
in any public place in the presence of other persons.
19. The term "student"
refers to an individual who at the time of the
incident is or has been enrolled in or has applied
for admission to the institution at the undergraduate
or graduate level on a full- or part-time basis,
has a continuing relationship with UNC Charlotte,
is an auditing student, or is participating in
an educational program at or by the University
or a group or organization as defined above.
20. The term "University
premises" means buildings or grounds owned,
leased, operated, controlled, or supervised by
The University of North Carolina at Charlotte.
21. The term "weapon"
means any object or substance used or attempted
to be used to inflict a wound, cause injury, or
incapacitate, including but not limited to, all
firearms, pellet guns, switchblade knives, bowie
knives, chemicals such as "Mace" or
tear gas, any explosive agents, or any other “weapon”
as that term is defined in NC General Statutes
§ 14-269.2.
22. The terms "will"
or "shall" are used in the imperative
sense.
23. sexual invasion
or sexual assault is committed "without consent"
if it is inflicted through force or the threat
of force upon a person who is unconscious or otherwise
without the capacity to consent.
IX. Conduct Rules and Regulations
The
following conduct, or an attempt to engage in
the following conduct, is subject to student conduct
action [Note: Letters j, p, and u have been
intentionally omitted for continuity in record-keeping.]:
a.
1.
Inflicting physical injury upon a person;
2.
Placing a person in fear of or at risk of imminent physical
injury or danger or engaging in retaliatory threats
against a person;
3.
Committing sexual invasion, sexual assault, or sexual misconduct,
as those terms are defined herein;
4.
Committing sexual harassment as defined herein;
5.
Inflicting severe mental or emotional distress upon a person through
a course of conduct involving repeated harassment,
intimidation, abuse, or disparagement;
6.
Engaging in "fighting words" harassment, as that term is
defined in Policy
Statement #95. The full text of Policy Statement
#95 is available online or in the Office of the
Dean of Students.
b.
Using, possessing, or storing any weapon, dangerous
chemical, or explosive without authorization.
c.
Initiating or causing to be initiated any false
report, warning or threat of fire, explosion,
or other emergency.
d. Interfering
with normal University activities including, but
not limited to, teaching, studying, research,
the expression of ideas, University administration,
speeches and other public or private events, and
fire, police or other emergency services. Acts
prohibited by this rule include, but are not limited
to, those acts prohibited in University Policy
Statement #58, "Interference
with University Operations," which
prohibits student action taken "with intent
to obstruct or disrupt any normal operation or
function of the University," and Policy Statement
#96, "Conduct
at Speech Events," which prohibits
certain disruptive activities at speech events
on campus. Full texts of both policies are available
online or in the Office of the Dean
of Students.
e.
Knowingly violating the terms of any student conduct
sanction imposed in accordance with this Code.
f. Possessing,
consuming, or using any controlled substance;
possessing or using drug paraphernalia; manufacturing,
selling or delivering any controlled substance;
possessing with intent to manufacture, sell or
deliver, any controlled substance; huffing or
sniffing any substance not intended for such use.
Minimum penalties and certain other requirements
apply where controlled substance offenses are
at issue, pursuant to University Policy Statement
#87, "Program
to Prevent Use of Illegal Drugs and Alcohol Abuse."
That Policy is available online or in the Office
of the Dean
of Students.
g.
Setting fires, or misusing or damaging
fire safety equipment or elevators.
h. Furnishing
false information to the University; failing to
report to the Office of the Dean of Students any
criminal felony convictions that are entered against
one (a) during the time between application for
admission to the University and enrollment at
the University, (b) during enrollment at the University
or (c) during any periods between enrollments
at the University (such as the summer or during
a withdrawal period) prior to returning to the
University; misrepresenting or concealing one's
organizational affiliation(s) or sponsorship(s)
for the purpose of enticing another person into
joining or participating in a group or organization;
misrepresenting to a third party one’s affiliation
or enrollment status with the University.
i. Forgery,
unauthorized alteration, or unauthorized use or
misuse of any document or instrument of identification
(ID); displaying or using an ID that is not one’s
own or is fictitious, canceled, revoked, suspended,
or altered; counterfeiting, loaning, or selling
an ID to another person not entitled thereto.
[j. intentionally omitted for continuity in record-keeping.]
k. Theft or
attempted theft of University or individual property
or services; breaking and entering into University
property or the property of individuals on campus
(including, but not limited to private automobiles);
the unauthorized use or access to private or confidential
information in any medium; possessing stolen property;
or possessing property that is not your own without
owner authorization.
l. Destroying,
defacing, tampering with, or damaging the property
of others or University property, including, but
not limited to, chalking, spray painting, or otherwise
marking without appropriate University approval.
m. Failing to
comply with the reasonable directions of University
officials, including but not limited to campus
police officers or Housing and Residence Life
Staff, acting in performance of their duties.
n.
Violating, aiding in violation of, or concealing
evidence of violation of published University
policies or regulations. Such policies or
regulations include but are not limited to all
Housing and Residence Life policies and the residence
hall contract, as well as regulations relating
to entry and use of University facilities, use
of vehicles and amplifying equipment, campus demonstrations,
and misuse of identification cards.
o. Possessing, consuming,
or distributing alcoholic beverages without University
authorization, including but not limited to:
(The full text of University Policy Statement #57, "Alcoholic Beverages,"
is available online or in the Office of the Dean
of Students.)
[p. intentionally omitted for continuity in record-keeping]
q. Being present
in or using, or aiding and abetting another in
being present in or using, University premises,
facilities, or property without University authorization.
r. Using or
possessing fireworks on University premises or
at University activities without University authorization.
s.
1. Engaging in conduct,
such as loud, aggressive, or combative behavior,
that disrupts or interferes with the normal functions
of a class, including failure to conform to the
instructor’s announced expectations for classroom
decorum. Disruptive conduct also includes use
of cell phones or other electronic devices for
voice or text communication in class, unless permitted
by the instructor. (A student who persists in
disruptive conduct as described above is subject
to interim suspension set forth in Section XIII
below.)
2. Engaging in disorderly
conduct, such as fighting, threatening behavior,
public disturbance, or drunk and disorderly conduct.
Disorderly conduct also includes any unauthorized
use of electronic or other devices to make an
audio or video record of any person while on University
premises without his/her prior knowledge, or without
his/her effective consent when such a recording
is likely to cause injury or distress. This includes,
but is not limited to, surreptitiously taking
pictures of another person in a gym, locker room,
or restroom.
t.
Violation of Policy Statement #83, "Hazing."
That Policy is available online or in the
Office of the Dean
of Students.
[u. intentionally omitted for continuity in record-keeping.]
v. Engaging in computer abuse, including but
not limited to violation of:
1.
Policy Statement #8, “World Wide Web,”
2.
Policy Statement #10, “Network Security,”
3.
Policy Statement #20, “Electronic Communication
Systems,”
4.
Policy Statement #66, "Responsible Use of University
Computing and Electronic
Communication Resources,"
5.
Policy Statement #67, "Proprietary Software,"
6.
Policy Statement #102, “Data and Information Security,”
7.
Peer-to-Peer
File Sharing Regulation,
8.
Regulation
on Security of Electronic Individually Identifiable
Health Care Information under HIPAA,
9.
Regulations
on Information Systems Security, or
10.
Regulations
on the Use of Social Security Numbers.
w. Gambling for money or
other things of value, except as allowed by law.
Prohibited gambling includes, but is not limited
to, betting on, wagering on, or selling pools
on any athletic event; possessing any card, book,
or other device (including that which uses the
Internet) for registering bets, or bookmaking
in connection with betting.
x.
Presence during any conduct prohibited
by the Code of Student Responsibility that condones,
supports, or encourages such prohibited conduct.
Students who are present during a violation of
the Code of Student Responsibility are expected
to remove themselves from the situation and are
encouraged to report the violation to the Office
of the Dean of Students.
y. Commission of an
act, or an attempt to commit an act, that: (i)
is classified as a felony under North Carolina
law; (ii) would be in violation of the General
Statutes of the State of North Carolina; or (iii)
would be in violation of any federal law. The
University reserves the right to proceed with
a hearing and the possible imposition of a sanction
under the Code of Student Responsibility prior
to, concurrent with, or subsequent to, civil litigation,
criminal arrest, and/or criminal prosecution.
X. Student Groups and Organizations
1. Student groups and
organizations may be charged with violations of
this Code without regard to whether members of
such groups or organizations are individually
charged with violations arising from the same
occurrences.
2. A student group
or organization and its officers, leaders, or
any identifiable spokespersons may be held collectively
or individually responsible when violations of
this Code by those associated with the group or
organization have received the tacit or overt
consent or encouragement of the group or organization
or of the group’s or organization's leaders, officers,
or spokespersons.
3. The officers or
leaders or any identifiable spokespersons for
a student group or organization may be directed
by the Vice Chancellor for Student Affairs or
a designee to take appropriate action designed
to prevent or end violations of this Code by the
group or organization or by any persons associated
with the group or organization who can reasonably
be said to be acting in the group's or organization's
behalf. Failure to make reasonable efforts to
comply with the Vice Chancellor's (or designee’s)
directive shall be considered a violation of Section IX(m) of this Code both by the officers,
leaders, or spokespersons for the group or organization
and by the group or organization itself.
4. Groups and organizations
may be held accountable collectively if any of
these situations apply: An alleged violation was
committed by one or more members of a group or
organization; an alleged violation was committed
by one or more members of a group or organization
and funds were used to finance the function; an
alleged violation occurred as a result of a group
or organization sponsored function.
XI. Individual Sanctions
1.
One or more of the following sanctions
may be imposed upon a student for violation of
conduct regulations. All sanctions require review
by and approval of the Senior Associate Dean and
Director of Student Conduct or the Associate Vice
Chancellor and Dean of Students, and may be altered,
deferred, or suspended. No student is permitted
to withdraw from enrollment after being charged
with a Serious Violation of the Code of Student
Responsibility but before imposition of sanction(s)
or a finding of non-responsibility.
a. CONDUCT
REPRIMAND: Formal notice from the Senior Associate Dean and Director
of Student Conduct or a designee indicating that
further misconduct may result in a more severe
student conduct action. A copy of the reprimand
becomes a part of the student's conduct file.
b.
DEFINITE CONDUCT PROBATION: A status
in which a student is deemed not to be in good
conduct standing with the University for a definite period of
duration not less than the remainder of the semester.
In the event a student on conduct probation is
found responsible for a violation of any
University rule or regulation, suspension or expulsion
from the University could result. Conditions restricting
a student's participation in campus activities
may be imposed. The probationary status becomes
part of the student's conduct file.
c. INDEFINITE
CONDUCT PROBATION: A status in which a student
is deemed not to be in good conduct standing with
the University for an indefinite period of duration.
In the event a student on conduct probation is
found responsible for a violation of any
University rule or regulation, suspension or expulsion
from the University could result. Conditions restricting
a student's participation in campus activities
may be imposed. Indefinite probation remains in
effect until the student successfully petitions
the Senior Associate Dean and Director of Student
Conduct for reinstatement to good standing. The
probationary status becomes part of the student's
conduct file.
d. REMOVAL
FROM UNIVERSITY HOUSING: Loss of the privilege
of living in campus housing. Removal may be for
a fixed period of time (but not less than the
remainder of the semester), or for an indefinite
period. If the removal is for an indefinite period,
the student may petition the Senior Associate
Dean and Director of Student Conduct or a designee
for restoration of the right not sooner than one
calendar year after the Senior Associate Dean
and Director of Student Conduct has approved the
removal. Any sanction including removal from University
housing includes a trespass order from student
housing for the duration of the sanction.
e. DEFINITE
SUSPENSION: Separation of the
student from the University for a fixed period
of not less than the remainder of the semester
in which the suspension is imposed. A sanction
of definite suspension automatically includes
a trespass order from University property, including
student housing, for the duration of the suspension.
Violation of the terms of a definite suspension
may subject the student to additional sanctions
pursuant to Sections IX(e) and (q) above. Suspension for violation of Section IX(v) above may include suspension
of access to University computing and electronic
communication resources. Notification of the suspension
will appear on the student's academic transcript
and will remain until the end of the suspension
period. In order to re-enroll at the University
at the conclusion of the suspension term, the
student must reapply for admission to the University,
but no student may be readmitted to the University
until after the suspension period has ended.
f. INDEFINITE
SUSPENSION: Separation of the student from
the University for a minimum of one calendar year
after the Senior Associate Dean and Director of
Student Conduct has approved the suspension and
thereafter until the student successfully petitions
the Senior Associate Dean and Director of Student
Conduct in writing for reinstatement to good standing.
A sanction of indefinite suspension automatically
includes a trespass order from University property,
including student housing, for the duration of
the suspension. Violation of the terms of an indefinite
suspension may subject the student to additional
sanctions pursuant to Sections IX (e) and (q) above. Notification of the conduct suspension
will appear on the student's academic transcript
until the date the student is reinstated to good
standing. If the Senior Associate Dean and Director
of Student Conduct grants reinstatement, the student
may reapply for admission to the University, but
no student may be readmitted to the University
until after the Senior Associate Dean and Director
of Student Conduct has granted reinstatement.
g.
EXPULSION: Expulsion is a permanent
separation of the student from the University.
Expulsion for violation of Section IX (v) above includes removal of access
to University computing and electronic communication
resources. Violation of the terms of expulsion
may subject the student to arrest. The student
may petition the Chancellor in writing for the
expulsion to be rescinded, but not earlier than
two years after the date on which the expulsion
takes effect. A student who has been expelled
from one constituent institution of The University
of North Carolina system may not be admitted to
another UNC System institution until the sanction
of expulsion has been rescinded by the institution
that imposed the sanction. Notification will appear
on the student's academic transcript. The student
will be given a notice of trespass with respect
to University premises.
h. POST-ENROLLMENT
AND POST-GRADUATION SANCTIONS: A student who
commits a violation of the Code or is found responsible
for violating the Code, but who graduates from
UNC Charlotte before imposition of a sanction,
is subject to (1) revocation of any degree awarded,
(2) temporary or permanent withholding of the
transcript for any degree earned, regardless of
whether the degree has been awarded, and/or (3)
having sanction(s) imposed as a condition of re-enrollment
at the University.
i. ADDITIONAL
SANCTIONS: The following sanctions may be
imposed in addition to those listed in Sections
XI(a) through (g) above.
1.
Restitution for loss incurred by an individual or the University
as a result of the student's student conduct violation.
2.
Exclusion for a definite or indefinite period from all or a portion
of any University premises, property, building(s)
or residence area(s), as specified in a sanction.
3.
Loss of automobile privileges on University property.
4.
A fine not to exceed $100.
5.
Community service and/or participation in educational programs.
6.
Restitution for expenses incurred by individuals or the University
as a result of providing educational programs
or other educational experiences related to the
violation(s).
7.
Any other appropriate sanction as determined by the Hearing
Panel or by the Senior Associate Dean and Director
of Student Conduct.
2. Violation of
any section of this Code may result in expulsion
or suspension from the University. Factors that
may affect the severity of the sanction(s) may
include the present demeanor and past conduct
record of the student, the nature of the incident,
the severity of any damage, injury, or harm resulting
from the incident, and whether the incident was
motivated by bias based on actual or perceived
race, gender, religion, age, sexual orientation,
ethnicity, or disability.
3. Attempts to commit
acts prohibited by this Code shall be punished
to the same extent as completed violations.
XII. Group or Organization Sanctions
One or more of the following sanctions may be imposed on a group
or organization responsible for violation of conduct
regulations. All sanctions require review and
approval of the Senior Associate Dean and Director
of Student Conduct or a designee and may be altered,
deferred, or suspended.
1. REPRIMAND
is an official written notice of misconduct. Repetition
of violations that result in reprimand of the
group or organization within a period of two years
shall automatically carry Registration Probation
as a minimum sanction.
2. REGISTRATION
PROBATION is given for a specific period of
time. Further violations of the Code during the
probationary period may result in registration
suspension or revocation. During the period of
registration probation, the organization is not
considered in good conduct standing with the University.
The organization may seek and add members during
this probationary period and may host other activities
unless otherwise specified.
3. REGISTRATION
SUSPENSION is the temporary removal of University
recognition for a definite period of time.
During the period of registration suspension,
the organization is not considered in good conduct
standing with the University. While under suspension,
the organization may continue to occupy or hold
property but may not seek or add members, hold
or sponsor events in the University community,
or sponsor or attend any events that are social
in nature.
4. REGISTRATION
REVOCATION is the permanent removal of University
recognition for a group or organization. Registration
revocation means that the organization may not
function at the University, participate in University
programs, or utilize University facilities or
services. Registration revocation may be recommended
by the Hearing Panel but can be imposed only by
the Chancellor, following the review and approval
of the Senior Associate Dean and Director of Student
Conduct.
5. ADDITIONAL GROUP
OR ORGANIZATION SANCTIONS. In addition to
the above, any one or more of the following
may be imposed:
a.
Exclusion from intramural competition;
b.
Restitution of loss to University or person;
c.
Denial of use of University facilities for meetings or activities;
d.
Suspension for rushing, recruiting, or intake process;
e.
Loss of social privileges for no less than one month. The group
or organization may not sponsor any activity,
party, or function that is social in nature during
the time parameters established;
f.
Restitution for expenses incurred by individuals or the University
as a result of providing educational programs
or other educational experiences related to the
violation(s); or
g.
Any other appropriate group or organization sanction as determined
by the Hearing Panel or by the Senior Associate
Dean and Director of Student Conduct.
XIII. Interim Suspension
1. Students
a. When the University
determines that the continued presence of a student
on the University campus or in University housing
poses a substantial threat to himself or herself,
to others, or to the stability and continuance
of normal University functions, the Vice Chancellor
for Student Affairs or a designee may suspend
the student for an interim period.
A student who persists
in disrupting a particular class in violation
of Section IX (s) above after a warning by the
instructor may, in the discretion of the Vice
Chancellor or designee, and provided other normal
University functions are not at risk, be suspended
from the class only, for an interim period. An
interim suspension becomes effective immediately
without prior notice. The Vice Chancellor or designee
may terminate the suspension at any time prior
to the outcome of student conduct proceedings.
b. A student suspended
on an interim basis shall be given an opportunity
to appear personally before the Vice Chancellor
for Student Affairs or a designee within five
(5) days (as defined in Section VIII(1) above) from the effective
date of the interim suspension, except as provided
below. A hearing shall then be held on the following
issues only:
1.
The reliability of the information concerning
the student's conduct, including the matter of
his or her identity; and
2.
Whether the conduct in the surrounding
circumstances reasonably indicates that the continued
presence of the student on the University campus,
in the residence halls, or in the classroom poses
a substantial threat to himself or herself, or
to others, or to the stability and continuance
of normal University functions, or to the normal
conduct of the class.
Under certain circumstances, as a condition for termination
of interim suspension and prior to scheduling
student conduct proceedings, the Vice Chancellor
for Student Affairs may require that certain conditions
be met, such as the student’s consent to completion
of a medical or psychological evaluation to be
arranged by the University. The student shall
ensure that the medical or psychological evaluation
report or other requested report is delivered
to the University promptly. Within five (5) days
after the University’s receipt of such report,
the student shall be given an opportunity to appear
personally before the Vice Chancellor for Student
Affairs or designee. A hearing shall then be held
based on the issues set forth above.
2. Student Groups or Organizations
When the University receives a report of an alleged
violation of this Code by a student group or organization,
the Vice Chancellor for Student Affairs or a designee
may suspend the activities of the group or organization
pending the outcome of an investigation of the
alleged Code violation. Such interim suspension
may require the group or organization to cease
its activities both on campus and off campus until
the investigation has been completed and a hearing
has been conducted.
XIV.
Case Referrals
Any student, faculty member, University employee, or University
administrator may refer a student or a student
group or organization suspected of violating this
Code to the Office of the Dean of Students. The referral
must be in writing and must include factual information
supporting the allegation. A person making
such a referral will normally be expected to appear
before the Hearing Panel as a witness. Referrals
should be made as soon as possible after the alleged
incident. Anonymous referrals are not permitted.
Based on such a referral, the Senior Associate Dean and Director
of Student Conduct will determine whether a charge
shall be pursued and whether that charge is for
a “Minor Violation” or a “Serious Violation,”
based on the party’s prior record or facts and
circumstances related to the case. This
determination should be made within thirty (30)
days after the initiation of the referral; however,
a reasonable extension of this time limit is permissible.
If the Senior Associate Dean and Director of Student
Conduct determines that a charge should be pursued,
he or she shall schedule a hearing as set forth
in Section XV below.
XV. Mutual Resolution and Waiver of Hearing
At any time up to two (2) days
before the hearing, the Senior Associate Dean
and Director of Student Conduct or a designee
may offer or accept mutual resolutions and a waiver
of hearing for any violation(s) under this Code.
Students agreeing to a mutual resolution and waiver
of a hearing must accept responsibility for the
violation(s) and the sanction imposed by the Senior
Associate Dean and Director of Student Conduct
or designee. The Senior Associate Dean and Director
of Student Conduct or a designee must determine
that the acceptance of a mutual resolution and
waiver of a hearing is voluntary and that the
charge and sanction have factual support. The
waiver and acceptance must be in writing and signed
by the party and the Senior Associate Dean and
Director of Student Conduct or designee. A mutual
resolution and waiver of hearing may not be appealed.
XVI. Notification
of Hearing
Cases not settled shall proceed promptly to a hearing. The scheduling
of hearings may be delayed at the discretion of
the Senior Associate Dean and Director of Student
Conduct during times of heavy case loads, if the
charge occurs close to the end of an academic
semester or term, or in the event of the reasonable
need of either party for additional time to gather
information for the hearing.
1. Minor Violations.
For Minor Violations,
as defined in Section VIII(6), all charges shall
be presented to the accused party in a written
notice that will include the date of the hearing.
The date of the hearing will not be fewer than
five (5) days after receipt of written notice,
unless the accused party waives the five-day preparation
period in writing.
2. Serious Violations.
For Serious Violations,
as defined in Section VIII(12), the notice of
hearing shall specify the offense charged,
the possible sanctions, and a brief recitation
of the factual allegations supporting the charge.
For all charged offenses that could result in
expulsion, the notice must include the possibility
of expulsion and must specify that expulsion precludes
matriculation at any UNC constituent institution.
The date of the hearing will not be fewer than
ten (10) days after receipt of written notice,
unless the accused party waives the ten-day preparation
period in writing.
XVII. Hearing Panels
1.
Hearing Panels for cases of student or
group or organization misconduct under these regulations
will be composed of three panel members from the
Student Court, except as noted in Section XVII(2) below. Hearing Panel members
shall hold office in accord with applicable University
policy.
A Hearing Panel
member who has a conflict with, bias about, or
interest in the case should recuse himself or
herself. If the Hearing Panel member refuses
to recuse himself or herself, the Senior Associate Dean and Director
of Student Conduct shall make the decision about
whether to remove that person from the panel.
2.
In lieu of a panel of students from the
Student Court, an Administrative Hearing Panel
consisting of three University administrators
or faculty members, or consisting of one or more
University administrators or faculty members and
one or more Student Court Panel members, will
be convened by the Senior Associate Dean and Director
of Student Conduct to hear cases of alleged misconduct
when:
a.
the Senior Associate Dean and Director of Student Conduct concludes
that the case arises at a time when student panel
members are unavailable (for example, during holidays,
semester breaks, or the summer months), or
b.
there is clear and convincing evidence that an accused
party may not receive a fair hearing from the
Student Court, or
c.
a backlog of cases has developed, and Administrative Hearing
panels in addition to Student Court panels are
necessary to assure prompt resolution of cases,
or
d.
an accused party or a witness to the incident requests an Administrative
Hearing Panel from the Senior Associate Dean and
Director of Student Conduct, or
e.
there is any other circumstance in which the Dean of Students
or the Senior Associate Dean and Director of Student
Conduct deems such a panel to be appropriate.
XVIII. Hearing Procedures
The following procedural guidelines
shall be applicable in student conduct hearings
conducted by the Student Court or an Administrative
Hearing Panel.
1. Notice of Hearing.
The Senior Associate Dean and
Director of Student Conduct or a designee shall
prepare a letter of notice to the accused party.
The letter shall include a statement of the specific
charges against the party; a brief description
of the evidence upon which the charges are based;
the date, time, and place for the hearing on the
charges; the names of the panelists who will hear
the case; notice of the right of reasonable access
to the case file in the Student Counsel Office
or the Dean of Students Office; and a statement
indicating that the accused party may seek assistance
from the Student Counsel Office in the preparation
of his or her case for the hearing. Notice shall
be sufficient if by mail, email, or hand delivery,
or by telephone followed up by a letter confirming
the telephone notice. All claims of failure to
receive adequate notice are waived by the accused
party if the accused party appears at the hearing
and does not formally raise the issue of adequate
notice at the first opportunity.
a.
Minor Violations.
The accused party shall have no fewer than five (5) days' notice
of the hearing. Notice is sufficient if the letter
is mailed via first class, registered, or certified
mail to the student's current address as shown
in the Banner System on the date of mailing, not
later than the sixth day before the date scheduled
for the hearing, or via email to the student’s
UNC Charlotte email address.
b. Serious Violations.
The accused party shall have no fewer than ten (10) days’ notice
of the hearing. Notice is sufficient if the letter
is mailed via first class, registered, or certified
mail to the student's current address as shown
in the Banner System on the date of mailing, or via email to the student’s UNC Charlotte
email address, not later than the eleventh day before the date scheduled for
the hearing on a Serious Violation.
2. Group or Organization Representation.
In a hearing in which a group
or organization is the accused party, the president
or equivalent officer of the group or organization
shall represent the group or organization unless
he or she petitions the panel to substitute another
student representative to represent the group
or organization at the hearing.
3. Witnesses and
Evidence.
a. The Senior
Associate Dean and Director of Student Conduct
or a designee who notifies the accused party of
the charges against the student may serve as a
witness for the University in a hearing on those
charges.
b. he accused
student is expected to give truthful testimony.
Furnishing untruthful testimony or failing to
appear after notice may subject the accused student
to additional action under the Code of Student
Responsibility.
c. The accused student
shall be given the opportunity to present any
witness or documentary evidence that he or she
wishes to offer, provided that, in the discretion
of the Chair of the Hearing Panel, the evidence
is relevant to the charge or other evidence presented
and does not otherwise infringe the rights of
other students. The accused student shall also
be accorded an opportunity to question those witnesses
who testify at the proceedings and to examine
any documents offered as evidence. Documentary
evidence does not include written witness statements.
Written witness statements are admissible only
in accordance with paragraph 3(e) below.
d. Prior to a
hearing on a Serious Violation, the accused student,
upon request to the Senior Associate Dean and
Director of Student Conduct or designee, must
be given the opportunity to review any written
evidence that will be used at the hearing and
to obtain a list of witnesses.
e. The accused
student and witness(es)
to the incident may seek the assistance of the
Student Counsel Office and the Student Attorney
General Office in obtaining attendance of University
students or employees at the hearing. University
students or employees called as witnesses must
attend the hearing unless compliance would result
in significant and unavoidable personal hardships
or substantial interference with normal University
activities. All witnesses are required to give
truthful testimony. Furnishing untruthful testimony
or failing to appear after an appropriate request
may subject an employee or student witness to
appropriate disciplinary action.
Written statements
of evidence by a witness in lieu of appearance
and testimony at the hearing may
be admitted into evidence as follows: Subject
to other provisions in this Code relating to the
admissibility of evidence, such written statements
may be admitted into evidence only if the witness
is unavailable. For a witness to be considered
unavailable, it must be clearly demonstrated that
the witness’s attendance would result in significant
and unavoidable personal hardship or substantial
interference with normal University activities.
A witness’s desire to avoid cross examination
may not be used to demonstrate “personal hardship.”
To be eligible for admission into evidence, such
written statements must be signed by the individual writing the statement and witnessed
by a person designated by the Senior Associate
Dean and Director of Student Conduct.
4. Compliance
with Federal Law.
a. 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 student conduct proceeding.
b. Pursuant to
FERPA, under specific circumstances the University
may disclose the final results of any conduct
proceeding against a student who is an alleged
perpetrator of any crime of violence or non-forcible
sex offense, but only as specifically set forth
in Section II.B.10 of Policy
Statement #69, Student Records.
c.
Pursuant to FERPA, charges against multiple
parties involved in the same incident may be heard
in a single case only if each party consents to
such a proceeding either in writing or by not
formally objecting at the hearing.
5. Challenges
of Hearing Panel Members.
The accused party or the witness(es) may challenge any person selected for the Hearing
Panel on grounds of bias or a personal relationship
that might affect impartial consideration of the
case. The party must bring the challenge in writing
to the Senior Associate Dean and Director of Student
Conduct or designee at least 48 hours prior to
the scheduled hearing. The Senior Associate Dean
and Director of Student Conduct or designee shall
make a decision on the challenge within five days
of the request. If the Senior Associate
Dean and Director of Student Conduct determines
possible bias, he or she shall excuse the panel
member and appoint a replacement.
6. Appearance of
Accused Party.
If the accused party fails to appear after proper notice, the
Hearing Panel will make a determination in the
absence of that party.
7. Closed Hearing.
The hearing is closed to the public unless the witness(es) to the incident and accused party mutually agree
to an open hearing. In a closed hearing, admission
of any person to the hearing shall be at the discretion
of the Advisor; however, in cases of alleged sexual
violations, the accuser and the accused party
shall have the same opportunities to have others
present.
To go into a closed session, a Hearing Panel member must properly
make a motion specifically identifying the "Family
Educational Rights and Privacy Act" or “FERPA”
as the legal basis for meeting in closed session,
and the motion must be seconded and adopted by
the Hearing Panel. The motion must be made and
adopted prior to any record being created that
includes personally identifiable information about
a student. A "fill-in-the-blank" written
form for the motion is available from the Office
of Student Affairs and on the General Counsel’s
web site at www.legal.uncc.edu/closedmotion.html.
At the conclusion of the closed session, a Hearing Panel member
shall make a motion to go back into open session
prior to adjourning the meeting, and that motion
must be seconded and adopted by the Hearing Panel.
A motion to adjourn is invalid if it is made in
closed session.
8. Attendance of Advisors.
a. The accused
party and witness(es)
to the incident may be accompanied by one person
selected from the Student Attorney General or
Student Counsel staff. That person's role is limited
to conferring with and advising the accused party
or witness. The person is not permitted to argue,
make statements, or question witnesses, but may
respond to questions if asked by Hearing Panel
members to do so.
b. When the accused
party has also been charged with a violation of
law based on the facts giving rise to the charge
under the Code, the accused party may bring an
attorney to the hearing to serve solely as advisor.
The accused party is responsible for presenting
his or her own case; the attorney may confer with
the accused party during the hearing but may not
address the Hearing Panel, other parties, or witnesses
and may not delay or disrupt the proceeding.
c. A hearing panel
advisor designated by the Senior Associate Dean
and Director of Student Conduct shall attend the
proceeding, may comment on questions of procedure
and admissibility of evidence, and will otherwise
assist in conducting the hearing. Hearing Panel
advisors shall have the privileges of Hearing
Panel members but shall not vote. Hearing Panel
advisors shall be present during deliberations
of the Hearing Panel but shall not actively participate
in the decision or vote.
9.
Conduct of the Hearing.
a. Formal rules
of evidence shall not apply. The Chair of the
Hearing Panel shall determine the admissibility
of all matters of evidence. The party’s conduct
record shall not be considered in the hearing
until responsibility has been established.
b. The Chair of
the Hearing Panel shall exercise control over
the proceedings to avoid needless consumption
of time and to achieve orderly completion of the
hearing. The Chair of the Hearing Panel may exclude
any person who disrupts a hearing, including the
accused party.
c. Each hearing
shall be audio recorded by the University and
not by any other party, and the recording shall
become a part of the case file in the Office of
the Dean of Students. All documents included in
the hearing records shall remain the property
of the University.
10.
Burden of Proof.
The burden of proof shall be on the University,
which must establish that the accused party is
responsible for the violation by a preponderance
of the evidence: that it is more likely than not
that the accused party violated the Code of Student
Responsibility as charged. This determination
must be based solely on the evidence presented
at the hearing.
11.
Hearing Panel Decisions.
a. A decision by the Hearing Panel on responsibility
or non-responsibility for the violation(s) charged
shall be made in private and shall be by majority
vote, based solely on the evidence presented at
the hearing. The decision must be made prior to
submitting a recommendation on sanctions. The
decision must contain a brief summary of the evidence
upon which the decision is based and shall specify
appeal rights, including the time in which to
appeal and the permitted grounds for the appeal.
b. A determination
of responsibility on any charge shall be followed
by a recommendation of an appropriate sanction(s).
The past conduct record of the accused party shall
be considered in determining a recommendation
of the appropriate sanction(s).
c. After private deliberation
on the appropriate sanction(s), the Hearing Panel
will announce the recommended sanction(s).
d. The Hearing Panel's
recommendation shall be transmitted to the Senior
Associate Dean and Director of Student Conduct,
or designee, in the form of a brief written opinion,
summarizing the facts upon which the conclusion
of responsibility for the violation is based and
the basis for the sanction recommended. This written
opinion shall become part of the party’s case
file in the Office of the Dean of Students.
e. Decisions on Sanctions.
1. Minor Violations.
In cases
of Minor Violations, the Senior Associate Dean
and Director of Student Conduct, or designee,
shall consider the Hearing Panel’s recommendation,
shall determine the sanction to be imposed by
the University no later than forty-five (45) calendar
days after the hearing is completed, and shall
notify the party promptly in writing, but in any
case no later than ten (10) calendar days after
the Hearing Panel’s recommendation. The written
notification must contain a brief summary of the
evidence upon which the decision is based and
shall specify appeal rights, including the time
in which to appeal and the permitted grounds for
the appeal.
2. Serious Violations.
In cases of Serious Violations, the Senior Associate Dean and
Director of Student Conduct, or designee, shall
consider the Hearing Panel’s recommendation and
shall make a recommendation including suspension
to the Associate Vice Chancellor and Dean of Students,
or a recommendation including expulsion to the
Vice Chancellor for Student Affairs.
The Associate Vice Chancellor and Dean of Students shall make
final decisions for sanctions including suspension,
and the Vice Chancellor for Student Affairs shall
make final decisions for sanctions including expulsion.
Such decisions must be made no later than forty-five
(45) calendar days after the hearing is completed.
The Associate Vice Chancellor and Dean of Students
or the Vice Chancellor for Student Affairs shall
notify the party of the sanction decision promptly
in writing, but in any case no later than ten
(10) calendar days after the final administrative
decision is made. The written notification must
contain a brief summary of the evidence upon which
the decision is based and shall specify appeal
rights, including the time in which to appeal
and the permitted grounds for the appeal.
XIX. Appeals
1.
Within five (5) days after the party’s receipt
of the Hearing Panel's written decision on responsibility
as set forth in Section XVIII(11)(a) above, or within five
(5) days after the party’s receipt of the written
decision on sanctions as set forth in Section XVIII(11)(c) above, the party may
submit his or her written rationale for appeal
of the decision on responsibility and/or the decision
on sanctions to the Senior Associate Dean and
Director of Student Conduct.
2.
Appeals must be limited to the following
grounds:
a. a violation of due
process; or
b. a material deviation from Substantive and
Procedural Standards adopted by the Board of Governors,
set forth in Board of Governors’ Policy 700.4.1.
3. Minor Violations.
a.
For appeals of decisions on Minor Violations,
the Senior Associate Dean and Director of Student
Conduct, or designee, will immediately forward
appeals meeting the requirements set forth in
Section XIX(2) above, along with the record
of the hearing on appeal, to the Vice Chancellor
for Student Affairs.
b.
The Vice Chancellor for Student Affairs
shall decide appeals based upon the record of
the hearing and the party's written appeal. The
Vice Chancellor for Student Affairs may call for
the submission of additional oral or written evidence
as necessary to reach a fully informed decision.
The party making appeal shall be provided fair
opportunity to respond to such additional evidence
before the appeal is decided, and the evidence
shall be added to the record on appeal.
c. The Vice Chancellor
for Student Affairs shall notify the party within
a reasonable time in writing of the decision on
appeal. The decision may:
