Student Affairs
PO Box 1510
Pembroke, NC 28372
Phone: 910.521.6226
Fax: 910.521.6272
Email: studentaffairs @uncp.edu
Location: Lumbee Hall, Room 242
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rights and responsibilities
Student Rights and Responsibilities
Students who apply for admission to the University of North Carolina at Pembroke and are subsequently admitted are not enrolled as a legal or constitutional right. Authority to determine academic admission standards is delegated to the Board of Trustees and the Chancellor. When a student is admitted to UNCP, he or she accepts the rules, regulations, and procedures that apply to the campus.
Students attend UNCP as a voluntary act and accept substantial benefits which the State of North Carolina provides. In taking such action, and accepting the benefits which accrue, students must accept the rules and regulations that have been developed pursuant to law.
Upon enrollment, a student receives no sanctuary from obedience to law. A student is not entitled to greater immunities or privileges before the law than those enjoyed by other citizens generally. In addition to the federal, state, and local laws that pertain to all citizens, a student must accept the institutional rules and regulations necessary to accomplish the purposes for which the institution was established. The student does not, however, lose constitutional or legal rights by an act of voluntary enrollment. The Code of the University of North Carolina specifically refers to the important right of a fair hearing and due process. Federal and state statutes and court cases have established certain student rights which are not to be infringed upon, except in situations which are themselves outlined in law and court procedures. Among these are:
Additional rights recognized by UNCP are:
Academic Honor Code
By accepting admission to The University of North Carolina at Pembroke, each student also accepts the standards of conduct, both in the classroom and outside it, of the UNCP community. One of the most important of these standards is academic honesty. You are expected to know what the Academic Honor Code says and to apply the provisions of that Code to your conduct at the University.
Statement of Principles
Academic honor and integrity are essential to the existence of a university community. If high standards of honesty are not maintained by everyone, the entire community and society itself suffer. Maintaining standards of academic honesty and integrity is ultimately the formal responsibility of the instructional faculty. Therefore, when any academic dishonesty is suspected, a faculty member has the responsibility to, and must, follow the policies and procedures of the Academic Honor Code.
Students are important members of the academic community. As responsible citizens of the UNCP community, students are obligated to uphold basic standards of honesty, and to actively encourage others to respect and maintain those standards. Allowing academic dishonesty is just as dishonest as committing a dishonest act oneself.
What Acts Violate The Academic Honor Code?
While specific violations may take many forms, the general categories of acts that violate the Academic Honor Code are as follow:
Penalties for Violations of The Academic Honor Code
The UNCP community takes the Academic Honor Code very seriously. Consequently, violations may lead to severe penalties. All acts of academic dishonesty violate standards essential to the existence of an academic community. Some first offenses are properly handled, and penalties determined, by the faculty member teaching the specific course in which they occur. The faculty member must use the settlement procedure described below to handle such an offense.
Penalties which individual faculty members may impose are limited to the following: (a) a formal warning or reprimand; (b) a reduced grade (including F) for the assignment; (c) a reduced grade (including F) for the entire course. In all cases, whatever the penalty, a record (a signed form) of the settlement of any charge of a violation of the Academic Honor Code will be kept for five years (or until the student graduates) in the Office for Student Affairs. The purpose of this record-keeping is to deter students from repeating offenses. A second purpose is to be sure students who violate the Academic Honor Code a second time are dealt with appropriately.
The Campus Judicial Board (CJB) handles all second offenses, some more serious first offenses, and any charges that the student feels are unfounded. In addition to any of the penalties available to an individual faculty member, the CJB may suspend the student from the University for a designated period of time (one semester, one year, etc.) or even dismiss the student from the University.
Several factors are considered in determining what penalty to impose for a violation of the Academic Honor Code. Those factors include: the nature and seriousness of the offense; the injury or damage resulting from the violation; the student’s motivation and state of mind at the time of the incident; the student’s prior disciplinary record; and the student’s attitude and behavior after the violation was committed.
Procedures for Handling Charges of Violations
If the faculty member responsible for a course obtains evidence, either directly or through information supplied by others, that a student may have violated the Academic Honor Code, the faculty member has a duty to investigate the incident by collecting whatever relevant evidence is available.
If the faculty member decides that the evidence is sufficient to support a charge against the student, the faculty member is to contact the Vice Chancellor for Student Affairs, who will determine from the records of past violations whether the student in question has previously admitted to, or been found guilty of, an Academic Honor Code violation.
If the suspected violation would be a second offense, the faculty member must take the case to the CJB. If the charge would be a first offense and the faculty member believes that a penalty no greater than F in the course would be appropriate, the charge may be settled between the faculty member and the student (as described below), with the settlement form signed and filed with the Office for Student Affairs. If the suspected violation would be a first offense, but one for which the faculty member considers the appropriate penalty to be more severe than F in the course, the case must be brought to the Chairperson of the CJB.
Once a student has received notice that he or she is charged with an Academic Honor Code offense, he or she may not withdraw from the course in order to avoid the penalty.
Settlement Procedure to be Used by Individual Faculty Members
The faculty member should meet with the student suspected of violating the Academic Honor Code, present the evidence of the violation, and request an explanation from the student. After hearing the explanation, if the faculty member decides that a violation has occurred, he or she fills out and signs the Settlement of a Charge of Academic Dishonesty form, which is available to all faculty members. This form may be obtained from the Office for Student Affairs. The faculty member indicates the nature of the violation and the penalty to be applied, and then gives the form to the student. After receiving the form, the student has three school days to consider and seek advice on whether to admit guilt and accept the penalty by signing the form.
If the student agrees to sign, admitting guilt and accepting the penalty proposed, he or she does so in the presence of the faculty member. The faculty member then imposes the penalty. The faculty member will send the signed settlement form to the Vice Chancellor for Student Affairs, who keeps a record of first offenses for ten years, and thus the matter is ended. If the student decides not to admit guilt or not to accept the penalty, the faculty member must take the case to the Chairperson of the Campus Judicial Board, if any penalty is to be imposed.
Campus Judicial Board
Composition of the CJB is as follows: two students recommended by the President of Student Government Association and appointed by the Chancellor; two faculty members recommended by the Faculty Senate Chairperson and appointed by the Chancellor; and, one administrative member recommended by the Vice Chancellor for Student Affairs and appointed by the Chancellor. Hearings follow procedures outlined in the UNCP Student Constitution. The CJB will judge the student as responsible or not responsible of the charges contained in the form submitted by the faculty member. Both the student who has been charged with a violation and the faculty member who has made the charge will give evidence to support their positions. Members of the CJB may question either the student or the faculty member or both and may ask for additional materials as they see fit to do so. In a closed session, the CJB will come to a conclusion about the validity of the charges.
If the student charged with a violation of the Academic Honor Code is found not responsible, the CJB prepares a written report of the case and sends it to the Vice Chancellor for Student Affairs, who will maintain a confidential file of materials related to the case. No part of the file becomes part of the student’s disciplinary record. The case is closed, and no penalty may be imposed.
If a student is found responsible of violating the Academic Honor Code, the CJB will determine an appropriate penalty. Both the student and faculty member who submitted the charge may give evidence and make statements concerning the appropriate penalties to be imposed. The Vice Chancellor for Student Affairs will supply the student’s previous Academic Honor Code disciplinary record (if any) to the CJB.
After hearing the evidence on the appropriate penalty, the CJB will determine the penalty, and prepare a written report to the student and the Vice Chancellor for Student Affairs. The Vice Chancellor for Student Affairs notifies the faculty member and the Provost and Vice Chancellor for Academic Affairs of the contents of that report. If the CJB decides that a penalty of a grade of F in the course (or one less severe) is appropriate, the faculty member imposes that penalty and no other penalty. If a more severe penalty is deemed appropriate, the Vice Chancellor for Student Affairs implements the penalty indicated in the report. The student will be notified by the Vice Chancellor for Student Affairs within five days of the CJB’s determination of penalty.
Campus Appeal Board
If the CJB has found a student responsible of violating the Academic Honor Code, the student has the right to appeal that decision. The student has five school days from the date he or she is notified of the CJB’s decision to file a written notice of appeal with the Vice Chancellor for Student Affairs. If the student does not file a notice of appeal, the decision of the CJB will be final.
If the student does file a notice of appeal within five days, the Vice Chancellor for Student Affairs shall deliver this request as well as materials related to this case to the Campus Appeal Board.
The composition of the Campus Appeal Board and its powers are in the UNCP Student Constitution. For Academic Honor Code violations and their appeals, the Provost and Vice Chancellor for Academic Affairs or his or her designate will represent the Chancellor for the University.
NOTE: All charges for alleged Academic Honor Code violations occurring one week prior to exams and going through exam week and during summer sessions will be heard by the administrative hearing officer. Appeals will be directed solely to the Chancellor or designee via the Vice Chancellor for Student Affairs or designee.
What to Expect from Faculty
Faculty members have been instructed that they should outline their expectations pertaining to the Academic Honor Code at the beginning of each course. Students should be aware that some faculty members authorize or prohibit specific forms of student conduct which are unique to their courses or disciplines. All faculty members should refer students to the Academic Honor Code which is published in the UNCP Student Handbook. Further, faculty members have been advised to include the following statement in all course syllabi.
Student Academic Honor Code
Students have the responsibility to know and observe the UNCP Academic Honor Code. This code forbids cheating, plagiarism, abuse of academic materials, fabrication or falsification of information, and complicity in academic dishonesty. Any special requirements or permission regarding academic honesty in this course will be provided to students in writing at the beginning of the course, and are binding on the students. Academic evaluations in this course include a judgment that the student’s work is free from academic dishonesty of any type; and grades in this course therefore should be and will be adversely affected by academic dishonesty. Students who violate the code can be dismissed from the University. The normal penalty for a first offense is an F in the course. Standards of academic honor will be enforced in this course. Students are expected to report cases of academic dishonesty to the instructor.
In general, faculty members should, and will, take preventive measures to avoid cases of academic dishonesty (for example, examinations should be carefully proctored). However, a faculty member’s failure to take such measures is no excuse for academic dishonesty. Academic honesty and integrity, in the final analysis, are matters of personal honesty and individual integrity on the part of every student.
Code of Conduct
Any student whose conduct on or off campus becomes unsatisfactory and is determined to have a detrimental impact on the mission of the University will be subject to appropriate judicial action. No student will be permitted to graduate or officially withdraw from the University while disciplinary action is pending against him or her.
According to the By-Laws of the Board of Trustees of The University of North Carolina at Pembroke, ratified in March of 1968, the administration of the University is responsible for all phases of student discipline. The administration holds that a student enrolling in the University assumes an obligation to conduct himself/herself in a manner compatible with the University’s function as an educational institution. Further, the Board of Trustees has directed the administration to take appropriate disciplinary action against students and student organizations who are found to be in violation of the University’s Code of Conduct. A UNCP student shall refrain from the following prohibited behaviors which reflect conduct unbecoming of a student at The University of North Carolina at Pembroke:
University Judicial System
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 in matters of student discipline in the institution. 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 a 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 the matters of student discipline, it shall be the duty of the Chancellor to secure to every student the right of due process and fair hearing, the presumption of innocence until found guilty, the right to know the evidence and to face witnesses testifying against the student, and the right to such advice and assistance in the individual’s defense as may be allowable under the regulations of the University approved by the Chancellor. In those instances where the denial of any of these rights is alleged, it shall be the duty of the President of the University of North Carolina to review the proceedings.
Every student shall be bound by the Honor Code, the laws of the Student Body enacted in accordance with the Student Government Association Constitution, and the University Code of Conduct. The Honor Code shall prohibit academic dishonesty. Offenses against the Student Body are stealing, passing bad checks (Student Check Cashing Service), and such other offenses as may be defined by the Student Senate law. The University Code of Conduct is found in the and is located on the Internet at the following address: www.uncp.edu/handbook as well as in the University Catalog. All adjudicatory power of the Student Body shall be vested in a system of hearing boards with recognition that ultimate responsibility must conform with the By-Laws of the University as established by the Board of Trustees.
Official Disciplinary Sanctions
The aim of all discipline is two-fold: first, to develop self-control in the individual, and second, to protect the welfare of society. The emphasis is on rehabilitation and re-education.
WARNING–Technically, this is not considered a discipline, per se; however, it may be used in cases where no actual disciplinary action seems called for. The warning may be verbal or written. If verbal, a notation of the incident is made on the student’s or organization’s record in the office of the vice chancellor who gave or approved the warning. If written, an official letter is sent to the student or organization, outlining the actions which brought him/her to the attention of the University, cautioning him/her about the possible consequences of such actions, and warning him/her about the possible consequences of any continuation of such actions.
ADMONITION–The student is given a corrective interview. In addition, a notation of the incident is made on the student’s record in the office of the vice chancellor who gave or approved the admonition.
REPRIMAND–An official letter is sent to the student indicating his/her misdeed, stating that such conduct is unacceptable, that further misconduct will probably result in more severe disciplinary action, and concluding with the hope that his/her conduct in the future will be above reproach.
CENSURE–Censure is the same as a reprimand except that it is used for organizations, organization leaders, et cetera, as distinguished from individuals. A copy is sent to that organization’s sponsor to apprise him/her of the unsatisfactory situation.
RESTITUTION–Appropriate monetary reimbursement for a wrongful act which resulted in loss, damage, or actual expenses incurred by the University or individuals.
AREA RESTRICTIONS–Occur when a student may be excluded for a specific time period from a facility, such as the gym, the University Center, the residence halls, or other areas on campus.
LOW ON-CAMPUS HOUSING PRIORITY–Defined as removing a student from his/her place in the housing assignment process and placing him/her at the very end of the waiting list for on-campus housing for the upcoming year. If a student has already received an assignment, the student will not be allowed to retain that assignment.
EXCLUSION FROM ON-CAMPUS RESIDENCY–Defined as removing the student’s privilege to apply for and/or live in a residential facility for a specified period of time. This sanction should be imposed if the offense(s) for which the student was found responsible merits the student’s exclusion from on-campus residency. This decision would be based on evidence that the student’s continued presence would interfere with the living/learning atmosphere within the residential community.
RESIDENCE FACILITY RELOCATION–Removal of a student from his/her present room or from that residence facility and assigning that student to another room or another residence facility. This would include considerations relative to housing options.
EVICTION FROM AN ON-CAMPUS RESIDENTIAL FACILITY–Removal of a resident from an on-campus residence for a specified period of time. Students who are evicted from an on-campus residential facility are prohibited from returning to or visiting in any on-campus residential facility. Students evicted will not be eligible for refund of unused room or board.
CONDUCT PROBATION–The student continues in attendance; however, (s)he is in danger of suspension for any breach of good conduct during the period of conduct probation. Further (s)he may not hold any general elective office while on conduct probation. A copy of the probation letter is placed in his/her file in the office of the Vice Chancellor for Student Affairs.
SOCIAL PROBATION–The student continues in attendance; however, (s)he is restricted from all social functions and is in danger of suspension for any breach of good conduct during the period of social probation. Further, (s)he may not hold any general elective office while on social probation. A copy of the probation letter is placed in his/her file in the Student Affairs Office.
COMMUNITY WORK/SERVICE–Community work/service assigned to a student shall commence within one week and shall be completed within 40 days of the penalty. The maximum number of voluntary work hours that may be assigned is 75. The community work/service must be supervised by a UNCP employee and it should be case or offense related.
SUSPENSION–The student is excluded from the University, both academically and socially, for a stated period. The student may request to be readmitted at the end of this period of suspension; however, readmission is never automatic. A copy of the suspension letter is placed in his/her file in the Student Affairs Office.
INTERIM SUSPENSION–Whenever there is evidence to suspect that a student’s behavior on or off campus is a clear and present threat to the health, safety and welfare of the faculty, staff, students or guests, or himself/herself, the student may be suspended on an interim basis until a campus hearing can be arranged. A student on an interim suspension may be restricted from the campus in its entirety or from a particular program, activity or building.
SUMMARY SUSPENSION–Refer to Article IV, Adjudicatory Boards, Section E. Committee on Extraordinary Disciplinary Emergencies, number 4., Summary Suspension, of the UNCP Constitution located in the Student Government section of the Student Handbook for a detailed description of this disciplinary sanction.
DISMISSAL–The student is excluded from the University, both academically and socially, for an indefinite period. The student may petition the University for readmission; however, readmission is never automatic. No petition will be considered for readmission prior to the end of a year’s time. A copy of the dismissal letter is placed in his/her file in the Office of the Vice Chancellor for Student Affairs.
EXPULSION–A recommendation is made to the Chancellor of the University to permanently separate the student from the University. The Chancellor must review and make the final decision on any expulsion penalty for disciplinary reasons. A student who is expelled will be unable to graduate from The University of North Carolina at Pembroke.
Appeals
Any disciplinary action may be appealed. Further information may be found in Article IV of The University of North Carolina at Pembroke Student Constitution located in the Student Government section in the Student Handbook.
Student Discipline Records
The University maintains for every student who has received any discipline sanctions a written discipline record. The file shall include the nature of the offense, the penalty assessed, and any other pertinent information.
Student Conduct discipline files are housed in the Office of Student Affairs for eight years and are then forwarded to the Registrar's Office unless the sanction is suspension or expulsion. Suspension and expulsion files are kept in the Student Affairs Office indefinitely. Students suspended or expelled for disciplinary infractions will be entered into the Suspension/Expulsion database at UNC General Administration and will be available to all UNC campuses. Names will be deleted from the database when the individuals have completed their suspension and met all requirements for readmission or have been reinstated following an expulsion.
Academic Honor Code violations resulting in conviction will be kept in the Student Affairs Office for ten years. Pertinent information involving these cases will be transferred to the Registrar's Office immediately after verdict.
Student discipline records are confidential in accordance with federal and state laws. The contents of the student’s discipline record may not be revealed to anyone not associated with campus discipline except upon written request of the student or a court-ordered subpoena.
Updated: Thursday, July 17, 2008
© The University of North Carolina at Pembroke
PO Box 1510 Pembroke, NC 28372-1510 • 800.949.UNCP (8627) • 910.521.6000