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Rights and Responsibilities

Student Handbook: Rights and Responsibilities

Click the following link to access that section of the Student Handbook:

  • Student Rights and Responsibilities
  • University Judicial System
  • Academic Honor Code
    • Statement of Principles
    • What Acts Violate the Academic Honor Code
    • Penalties for Violations of the Academic Honor Code
    • Procedures for Handling Charges of Violations
    • Settlement Procedure to be Used by Individual Faculty Members
    • Campus Judicial Board
    • Campus Appeal Board
    • What to Expect from Faculty
  • Student Conduct Disciplinary Process
  • Code of Conduct
  • Disciplinary Sanctions
  • Appeals
  • Student Discipline Records
  • Responsibility to Report Criminal Violations and/or Dispositions

 


Student Rights and Responsibilities

1.1 Students attend the University of North Carolina at Pembroke 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.

1.2 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 University of North Carolina Policy Manual (700.4.1) 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:

1.2.a. no student may be denied access to university facilities or programs on the basis of race, color, national origin, religion, sex, age, sexual orientation, disability, or because of the individual's honorable service in the armed services of the United States;

1.2.b. no student may be denied the protection of the First Amendment of the Constitution of the United States and Article I of the Constitution of the State of North Carolina, which refer to freedom of speech, freedom of religion, freedom of the press, and freedom to assemble peacefully; and

1.2.c. no student may be denied the continuance of his/her education for disciplinary reasons without being afforded the right to due process.

2. ADDITIONAL RIGHTS RECOGNIZED BY UNCP

2.1 The right to read and study free from undue interference in one's room. (Unreasonable noise and other distractions inhibit the exercise of this right.)

2.2 The right to sleep, the right to one's personal belongings, the right to free access to one's room and suite facilities during the period that the residence halls are open, the right to a clean environment in which to live. (Optimum physical conditions are essential, as they support, reinforce, and provide positive conditions in which to learn and live.)

2.3 The right to redress of grievances. If the academic and residence hall communities are to function in the most educationally profitable manner, the right to initiate actions and referrals for impartial and fair adjudication of grievances is held paramount. In exercising this right, the student further holds the right to be free from fear or intimidation, physical and/or emotional harm, and without imposition of sanctions apart from the due process.

2.4 The right to personal privacy. All persons should have freedom from interference with their personal activities and should be able to maintain privacy for other than academic reasons.

2.5 The right to host guests. All students should have the opportunity to maintain personal contacts and friendships with other persons to fulfill their needs for socialization. Guests are to respect the above stated rights of the host's roommates and of other residents.

 


University Judicial System

Subject to any policies or regulations of the Board of Governors or 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 and the University Code of Conduct. The Honor Code shall prohibit academic dishonesty. The Code of Conduct shall prohibit actions and behaviors that are clearly inconsistent with the University's expectations for membership in this community. The University Code of Conduct is located at the following address:
www.uncp.edu/sa/handbook and is published in the Student Handbook, University Catalog and Faculty Handbook. All adjudicatory power of the Student Body shall be vested in a system of hearing boards with recognition that ultimate responsibility must conform to the By-Laws of the University as established by the Board of Trustees.

 


Academic Honor Code

1. STATEMENT OF PRINCIPLES

1.1 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 UNCP Academic Honor Code.

1.2 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.

2. ACTS THAT VIOLATE THE ACADEMIC HONOR CODE

2.1 While specific violations may take many forms, the general categories of acts that violate the Academic Honor Code are as follows:

2.1.a. Cheating. Cheating means intentionally using or attempting to use unauthorized materials, information, notes, study aids, or other devices in any academic exercise (for example, on a test). This definition includes both giving unauthorized information (in either oral or written form) and receiving such information during any academic exercise.

2.1.b. Plagiarism. Plagiarism is intentionally or knowingly presenting someone else's words or ideas as one's own. Avoid plagiarism by very carefully acknowledging the sources of ideas you use and by appropriately indicating any material that has been quoted (that is, by using quotation marks and properly acknowledging the source of the quote, usually with a clear reference source citation and page number).

2.1.c. Fabrication and Falsification. This refers to intentional and unauthorized alteration or invention of any information or citation in an academic exercise. Falsification is a matter of altering information, while fabrication is a matter of inventing or counterfeiting information for use in any academic exercise. For example, a student who changes an answer on a test and claims that the item was incorrectly scored has falsified information. A student who makes up reference citations for a term paper has fabricated that information.

2.1.d. Abuse of Academic Materials. This refers to intentionally or knowingly destroying, stealing, or making inaccessible library or other academic material. Remember that library materials are borrowed, not to keep. For example, a student who tears an article out of a journal in the library has abused library materials. Similarly, a student who intentionally damages a computer in a campus computer lab has violated this standard.

2.1.e. Complicity in Academic Dishonesty. Complicity means intentionally or knowingly helping or attempting to help another person to commit any act of academic dishonesty. For example, complicity would include allowing another student to look at test answers or to copy a paper. Simply stated, don't help someone else be dishonest.

3. PENALTIES FOR VIOLATIONS OF THE ACADEMIC HONOR CODE

3.1 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.

3.2 Penalties which individual faculty members may impose are limited to the following:

3.2.a. a formal warning or reprimand;

3.2.b. a reduced grade (including F) for the assignment; and

3.2.c. a reduced grade (including F) for the entire course.

3.2.1 In all cases, whatever the penalty, a signed Settlement of a Charge of Academic Dishonesty form will be kept for ten years 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.

3.3 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.

3.4 Several factors are considered in determining what penalty to impose for a violation of the Academic Honor Code. Those factors include:

3.4.a. the nature and seriousness of the offense;

3.4.b. the injury or damage resulting from the violation;

3.4.c. the student's motivation and state of mind at the time of the incident;

3.4.d. the student's prior disciplinary record; and

3.4.e. the student's attitude and behavior after the violation was committed.

4. PROCEDURES FOR HANDLING CHARGES OF VIOLATIONS

4.1 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.

4.2 If the faculty member decides that the evidence is sufficient to support a charge against the student, the faculty member is to contact the director of student conduct, 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.

4.3 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.

4.4 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.

5. SETTLEMENT PROCEDURE TO BE USED BY INDIVIDUAL FACULTY
MEMBERS

5.1 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 of 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 (3) school days to consider and seek advice on whether to admit guilt and accept the penalty by signing the form.

5.2 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 director of student conduct, 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.

6. CAMPUS JUDICIAL BOARD

6.1 Composition of the CJB is as follows:

6.1.a. a minimum of five (5) students recommended by the president of the student body, and/or interested students may be recommended by university departments, or interested students may apply to the office of student conduct for selection for consideration by the chancellor. Students that are recommended and/or selected will be appointed by the chancellor;

6.1.b. a minimum of five (5) faculty members recommended by the faculty senate chairperson and appointed by the chancellor;

6.1.c. a minimum of two (2) administrative members recommended by the vice chancellor for student affairs and appointed by the chancellor.

6.2. Hearings follow procedures outlined in Chapter IV., Rights and Responsibilities. 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.

6.3 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 director of student conduct, 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.

6.4 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 director of student conduct will supply the student's previous academic honor code disciplinary record (if any) to the CJB.

6.5 After hearing the evidence on the appropriate penalty, the CJB will determine the penalty, and prepare a written report to the student and the director of student conduct. The director of student conduct 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 director of student conduct implements the penalty indicated in the report. The student will be notified by the director of student conduct within five (5) days of the CJB's determination of penalty.

7. CAMPUS APPEAL BOARD

7.1 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 director of student conduct. If the student does not file a notice of appeal, the decision of the CJB will be final.

7.2 If the student does file a notice of appeal within five days, the director of student conduct shall deliver this request as well as materials related to this case to the Campus Appeal Board.

7.3 The composition of the Campus Appeal Board and its powers are in Chapter IV., Rights and Responsibilities. For Academic Honor Code violations and their appeals, the provost and vice chancellor for academic affairs (or his or her designee) will represent the vice chancellor for student affairs.

7.3.1 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 provost and vice chancellor for academic affairs or his or her designee.

8. WHAT TO EXPECT FROM FACULTY

8.1 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.

8.1.1. 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.

8.2 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.

 


Student Conduct Disciplinary Process

1. INITIATION OF DISCIPLINARY PROCEEDINGS

1.1 The University of North Carolina at Pembroke is an educational institution. At educational institutions, judicial proceedings do not follow the same procedure used in courtrooms. The university does not employ lawyers to "prosecute" students, nor does it permit lawyers to represent students at university judicial hearings. The university shall have the burden of proof of guilt by a preponderance of evidence. Burden of proof of guilt by a preponderance of evidence shall be interpreted as a person being held responsible based upon evidence (that evidence which is more likely than not) presented from which any reasonable person would conclude that a violation of the Code of Conduct had occurred. The purpose of the student discipline process is to maintain a healthy community where shared values, expectations, and behavioral standards set by the campus community are enforced. Students share in the responsibility for maintaining an environment in which the rights of each member of the university community are respected. The goal of the university discipline process is to provide all students with a fair and just system of adjudication.

1.2 Under the direction of the chancellor, the vice chancellor for student affairs has primary responsibility and authority for the administration of student discipline. Further delegation of this authority may be made by the vice chancellor for student affairs to the director of student conduct and/or other disciplinary bodies such as the Campus Judicial Board (CJB) and the Committee on Extraordinary Disciplinary Emergencies.

2. FILING COMPLAINTS

2.1 Any academic or administrative official, faculty or staff member, or student may file a written complaint with the office of the director of student conduct against any student for misconduct.

2.2 While action on a complaint of violating a university regulation is pending, the status of the student shall not be altered, except for reasons outlined in Section 17.5 (Summary Suspension) of this regulation.

3. PRESUMPTION OF INNOCENCE

3.1 Any student charged with an infraction of the Code of Conduct shall be presumed innocent until proven responsible by a preponderance of evidence.

4. PRELIMINARY INVESTIGATION

4.1 When the director of student conduct receives information that a student has allegedly violated university regulations or local, state, or federal law, the director of student conduct or his/her designee shall investigate the alleged violation. After completing a preliminary investigation, the director of student conduct or his/her designee may:

4.1.a. find no basis for the complaint and dismiss the allegation as unfounded;

4.1.b. summon the student for a pre-hearing and then either dismiss the allegation, or provide the student with the choice of an administrative or CJB hearing; or

4.1.c. proceed administratively by informing the student of the options for resolution of the disciplinary charges.

5. OPTIONS FOR RESOLUTION OF DISCIPLINARY CHARGES

5.1 Plead not responsible to the charge(s) and request an administrative hearing before the director of student conduct or his/her designee where determination of responsibility will be made. The director of student conduct or his/her designee may elect not to hear the case. The case would then be heard by the Campus Judicial Board (CJB). If the student is held responsible by the administrative hearing officer, an appropriate sanction will be determined.

5.2 Plead not responsible to the charge(s) and have a hearing before the CJB where a determination of responsibility will be made. If the student is held responsible by the CJB, an appropriate sanction will be determined.

5.3 Plead responsible to the charge(s) and request an administrative hearing before the director of student conduct or his/her designee to determine an appropriate sanction. The director of student conduct or his/her designee may elect not to hear the case. The case would then be heard by the CJB.

5.4 Plead responsible to the charge(s) and request that the CJB determine an appropriate sanction.

5.5 A student choosing a hearing before an administrative hearing officer or the CJB has a right of appeal to the Campus Appeal Board and then to the vice chancellor for student affairs. If a student chooses a hearing before the CJB and is cited for an additional violation in the interim, a student then forfeits the right to a board hearing, and an administrative hearing will be conducted on all charges.

5.5.1 All charges for alleged Code of Conduct violations occurring one week prior to exams and going through exam week and during summer sessions will be heard by the administrative hearing officer or his/her designee. Appeals will be directed solely to the vice chancellor for student affairs or his/her designee via the director of student conduct or his/her designee.

5.6 If a student requests an administrative hearing before the director of student conduct or his/her designee, the student may waive all or part of the written notice requirements that follow. The student may also waive the number of days specified from the original date of the charge(s) and proceed with the hearing. All waivers shall be executed by a signed writing. If the student chooses an administrative hearing, the director of student conduct or his/her designee shall provide him/her with:

5.6.a. a written notice of the charge(s) and an outline of rights. In the event that additional charges are brought, a further written notice must be forwarded to the student in accordance with section 7. (Disciplinary Correspondence) of this regulation;

5.6.b. a review of all available information, documents, exhibits, and a list of witnesses that may testify against him/her. This is a continuing obligation of the complaining party and the director of student conduct or his/her designee;

5.6.c. a choice to elect not to appear at the hearing. The hearing shall be conducted in the student's absence;

5.6.d. a written notice of the date, time, and place of the hearing forwarded to the accused at least five (5) class days prior to the hearing. Unless the student waives all or part of the notice, the formal hearing will not be held less than five (5) class days from the date of the original charge letter; and,

5.6.e. a prehearing interview with the director of student conduct or his/her designee where all of these rights, responsibilities, and procedures are explained.

6. SUMMONING A STUDENT FOR A PRE-HEARING

6.1 Should a student not appear when requested by the director of student conduct or his/her designee, the director of student conduct or his/her designee may formally summon a student to appear for a conference in connection with an alleged violation.

6.2 The letter shall direct the student to appear at a specified time and place not less than three (3) class days later. The letter shall also describe briefly the alleged violation.

6.3 If an accused student fails to respond to a charge letter and the required pre-hearing interview, the accused student forfeits the aforementioned options stated in Sections 5.6.a. through 5.6.e. and will be notified by certified letter, sent at least seven (7) class days before a hearing before the director of student conduct or his/her designee, or, at the option of the director of student conduct, the CJB. At this hearing, a decision of responsible or not responsible will be made based on available information, with or without the accused student. If the student fails to attend the hearing, all allegations against the student shall be deemed to be denied by the student. When appropriate, a sanction will be determined and the student will be notified in writing.

7. DISCIPLINARY CORRESPONDENCE

7.1 All disciplinary correspondence will be sent to the student's campus email account via Maxient (conduct database) and/or via university email from the director of student conduct or his/her designee, or to the student's campus post office box (for on-campus residents) by certified mail, return receipt requested, and to the permanent address of record for commuter students by certified mail, return receipt requested. The university reserves the right to use other reasonable means to notify students.

8. CAMPUS JUDICIAL BOARD (CJB)

8.1 When a student requests a hearing before the CJB or when a case is referred by the director of student conduct or his/her designee, the CJB becomes involved. The CJB is a board of the chancellor composed of faculty, staff, and student members. The director of student conduct or his/her designee serves as the advisor to the CJB. The members are:

8.1.a. a minimum of five (5) students recommended by the president of the student body. Interested students may be recommended by university departments, or may apply to the office of student conduct for selection for consideration by the chancellor. Students that are recommended and/or selected will be appointed by the chancellor;

8.1.b. a minimum of five (5) faculty members recommended by the faculty senate chairperson and appointed by the chancellor; and

8.1.c a minimum of two (2) administrative members recommended by the vice chancellor for student affairs and appointed by the chancellor.

8.2 The chairperson of the CJB shall be appointed by the chancellor.

8.3 A quorum shall consist of any three (3) members, including the chairperson. The chairperson of the CJB is a non-voting member, except when there is a tie vote.

8.4 Selection of Campus Judicial Board members

8.4.1 The students recommended by the president of the Student Government Association for appointment to the CJB are selected through a campus-wide application process.

8.4.2 CJB members will be appointed by August 15 each year. Appointments are for one (1) year. CJB members may be reappointed by the chancellor.

8.4.3 Vacancies occurring during the course of the year will be filled by the chancellor.

8.4.4 Members of the CJB become active members only after they have been trained by the office of the director of student conduct.

8.5. Jurisdiction of Campus Judicial Board

8.5.1 The CJB may have, at the request of the student, original jurisdiction in disciplinary cases.

8.5.2. The CJB may have, upon referral by the director of student conduct or his/her designee, original jurisdiction in disciplinary cases

9. PROCEDURAL STANDARDS FOR CAMPUS JUDICIAL BOARD CASES

9.1 All matters upon which the decision may be based must be introduced into evidence at the hearing before the CJB. The decision shall be based solely upon such matters and must be supported by the evidence. Any student charged with an infraction shall be presumed not responsible until proven responsible by a preponderance of the evidence.

9.2 All evidence will be admitted except that which is irrelevant or repetitious or which is obtained in violation of search and entry provisions. The CJB will be the sole judge of admissibility of evidence.

9.3 CJB records are maintained in the office of the vice chancellor for student affairs and are confidential and may be released only with the consent of the accused student.

9.4 No member of the hearing body who has a personal interest in the particular case may sit in judgment during the proceedings. In such cases in which a member cannot serve due to a conflict of interest, an alternate member will serve for the duration of the hearing.

10. HEARINGS BEFORE CAMPUS JUDICIAL BOARD

10.1 Prior to a hearing, the accused student is entitled to:

10.1.a. a written notice of the charge(s) and an outline of rights. In the event that additional charges are brought, a further written notice must be forwarded to the student;

10.1.b. a review of all available information, documents, exhibits, and a list of witnesses that may testify against him/her. This is a continuing obligation of the complaining party and the director of student conduct or his/her designee;

10.1.c. a written notice of the date, time, and place of the hearing forwarded to the accused at least five (5) class days prior to the hearing, unless the student waives all or part of the notice. The formal hearing will not be held less than five (5) class days from the date of the original charge letter, unless the student charged waives the limit; and/or

10.1.d. a prehearing interview with the director of student conduct or his/her designee where all these rights, responsibilities, and procedures are explained.

11. DUTIES OF THE CAMPUS JUDICIAL BOARD

11.1 In those cases in which the accused student disputes the facts upon which the charges are based, such charges shall be heard and determined by the CJB. The CJB will:

11.1.a. rule on the admissibility of evidence, motions, and objections to procedures;

11.1.b. set forth finding of facts;

11.1.c. render a written decision as to the accused student's guilt or innocence of the charges;

11.1.d. determine the penalty, if any; and

11.1.e. provide the vice chancellor for student affairs with a copy of the decision.

12. DUTIES OF THE DIRECTOR OF STUDENT CONDUCT

12.1 The director of student conduct or his/her designee shall:

12.1.a. consult the CJB in setting the date, time, and place of the hearing; and

12.1.b. notify the student of the date, time, and place of the hearing. The letter shall specify a hearing date not less than five (5) class days after the date of the receipt of the letter. A student may request in writing that an earlier date be set, if feasible. The CJB, for good cause, may postpone the hearing and notify all interested persons of the new hearing date, time, and place.

12.2 A letter mailed under section 12.1.b. shall:

12.2.1 direct the student charged to appear at a date, time, and place specified;

12.2.2 advise the student of his/her rights. Those rights are:

12.2.2.a. to appear in person, hear all testimony, and present any relevant information on his/her behalf, call witnesses, ask questions of any person present at the hearing;

12.2.2.b. to elect not to appear at the hearing. The hearing then shall be conducted in the student's absence;

12.2.2.c. to refuse to answer any questions or make a statement – however, the hearing authority then shall make its decisions solely on the basis of information introduced at the hearing;

12.2.2.d. to know the identity of witnesses who will testify against him/her;

12.2.2.e. to question each witness who will testify against him/her for the purpose of clarification;

12.2.2.f. to have all statements, information, or comments given during the hearing held in strictest confidence by members of the board before, during, and after deliberation. Only those faculty and staff with an educational need to know will be informed of the outcome. The chairperson will exercise control over the hearing to avoid needless consumption of time, to avoid repetition of information, and to prevent the harassment or intimidation of participants;

12.2.2.g. to have hearings conducted in an informal manner where technical rules of evidence will not be applied. The taking of statements of witnesses may be done by discussion, though each witness shall be subject to cross-examination. Witnesses (except for the accused) shall be present during the hearing only during the time they are testifying. While written statements are admissible, no one shall be found responsible who has not had the opportunity to testify, to present evidence and witnesses, and to hear and question adverse witnesses;

12.2.2.h. to have a summary of the hearing record; and,

12.2.2.i. to appeal.

12.2.3 contain the name of the person appointed to act as chairperson of the CJB;

12.2.4 contain the names of witnesses who will testify against the student and a description of evidence and charges that will be offered against him/her;

12.2.5 contain a copy of the complaint; and

12.2.6 notify the charged student that the director of student conduct or his/her designee may question a student testifying on the defendant's behalf or question the defendant if he/she testifies on his/her behalf.

12.3 If a student fails, without good cause, to comply with the letter sent under this section, the CJB may proceed with the hearing in the student's absence.

13. HEARING PROCEDURE

13.1 The CJB shall proceed generally as follows during the hearing:

13.1.a. judicial hearings shall be closed to the public;

13.1.b. the chairperson of the CJB reads a complaint and informs the student charged of his/her rights, and asks the student whether he/she pleads responsible or not responsible to the charge(s) before the CJB;

13.1.c. the director of student conduct or his/her designee presents the university's
case;

13.1.d. the student presents his/her defense;

13.1.e. the director of student conduct or his/her designee and the student defendant present rebuttal evidence and arguments;

13.1.f. the CJB deliberates and decides the issue of responsibility or non-responsibility;

13.1.g. if the CJB finds the charged student responsible, the director of student conduct or his/her designee and the student charged may present evidence and arguments on an appropriate penalty;

13.1.h. the CJB deliberates and determines an appropriate penalty (when the sanction is expulsion, please see expulsion regulation, Section IV, Rights and Responsibilities, of the UNC Pembroke Student Handbook.)

13.1.i. the CJB renders a written decision as to the accused student's responsibility or non-responsibility of charges. The decision states the penalty, if any, and procedures for appeal; and

13.1.j. the accused student, the vice chancellor for student affairs, the associate vice chancellor for student affairs, and the director of student conduct shall each be given a copy of the decision.

14. HEARING RECORD

14.1 The hearing record is confidential and consists of:

14.1.a. a copy of the notice forwarded to the student;

14.1.b. a written summary of the hearing together with other material considered by the CJB; and,

14.1.c. the decision(s) of the CJB.

15. APPEAL OF ADMINISTRATIVE/CAMPUS JUDICIAL BOARD DECISION

15.1 In the event that a charged student disagrees with a finding of responsible or sanction of an administrative hearing officer or the CJB, the charged student may request an appeal to the Campus Appeal Board (CAB) within forty-eight (48) hours after notification of the decision by obtaining a Request for Appellate Consideration form from the Office of Student Conduct and then submitting said form to the director of student conduct. She/he will submit the appeal to the CAB within forty-eight (48) hours for prompt consideration. Original sanctions (except summary suspension) are normally put into effect only after the CAB makes a decision. The Campus Appeal Board has the authority to approve, reject, or modify sanctions. It may impose less severe sanctions as well as more severe sanctions. The decision of the CAB may be appealed to the chancellor or his/her designee by completing the Request for Appellate Consideration form. The appeal must be submitted to the director of student conduct within forty-eight (48) hours, and she/he will submit the appeal to the chancellor or his/her designee for prompt consideration.

15.2 The Campus Appeal Board shall be composed of the chairperson of the faculty senate who will serve as chairperson, the president of the student body or his/her designee from the SGA Executive Board, one faculty member, recommended by the faculty senate chair, and one university staff member, recommended by the vice chancellor for student affairs. The faculty and staff member will be appointed by the chancellor.

15.3 A quorum shall consist of any three (3) members, including the chairperson.

15.4 The function of the Campus Appeal Board is that of reviewing the action of the administrative hearing officer or the CJB to determine if: (1) an alleged violation of the rights guaranteed the accused has occurred; (2) the sanction is too severe for the violation; or (3) new evidence has developed which has bearing on the outcome (when the sanction is expulsion, please see expulsion regulation, Section IV, Rights and Responsibilities of the UNC Pembroke Student Handbook.)

15.5 The Campus Appeal Board shall receive the petition from a student choosing to appeal the decision of an administrative hearing or a CJB hearing. Such petition shall be submitted to the chair of the CAB through the office of the director of student conduct, explaining in detail the reasons for the student's appeal and specifying the ways in which he/she believes the procedures or actions of the administrative hearing officer have violated his/her rights.

15.6 Upon receiving a petition, the Campus Appeal Board shall obtain the record of the administrative hearing officer or the CJB. Such record shall include relevant documents and a written statement by the hearing officer. Such statement in the case of administrative action shall summarize the case and the reasons supporting the disciplinary action.

15.7 With this information, the Campus Appeal Board shall decide whether an appeal hearing is warranted. This decision is based upon the three options for an appeal outlined in Section 15.4 above. It shall notify the petitioner in writing of its decision within seven (7) class days after receiving the student's petition.

15.8 If the Campus Appeal Board determines that a hearing should be granted, that hearing shall be held within seven (7) class days of such determination and notification shall be given in writing at least three (3) days prior to the date set for the hearing, specifying time and place of the hearing and informing the student of his/her rights. If a student chooses to waive the seven-day (7) notice and other requirements as stated in this section, an immediate appeal hearing may be scheduled.

15.9 The CAB shall invite the appellant, the respective administrative hearing officer, or the chairperson of the CJB, and such other persons as it deems appropriate to appear before the board to make statements and respond to questions. The student and administrative hearing officer may request the board to invite persons to testify if and only if there is new evidence. The CAB follows regular hearing procedures in appeal cases, if it elects to hear new evidence.

15.10 No member of the CAB shall be a party to any prior investigation or witness in the case nor should any member be placed in the position of developing or prosecuting the case.

15.11 After the hearing is concluded, the Campus Appeal Board shall go into executive session to reach a decision.

15.12 The CAB has the authority to approve, reject, or modify the decision in question. It may impose less severe sanctions as well as more severe sanctions. The chairperson of the Campus Appeal Board is a non-voting member, except when there is a tie vote. The decision of the CAB will be submitted in writing to the director of student conduct. The decision of the CAB may be appealed to the chancellor or his/her designee as outlined in Section 16 of this regulation. Prompt notice of the decision of the Campus Appeal Board shall be given. Any appeal of this decision must be in writing and presented within forty-eight (48) hours after notification of the decision to the director of student conduct who will submit the appeal to the chancellor or his/her designee.

16. APPEAL OF A CAMPUS APPEAL BOARD (CAB) DECISION

16.1 In the event a charged student disagrees with a finding of responsible or sanction of the CAB, the charged student may request an appeal to the chancellor or his/her designee within forty-eight (48) hours after notification of the decision. Original sanctions (except summary suspension) are normally put into effect only after the chancellor or his/her designee makes a decision.

16.2 The procedure for an appeal of a CAB decision is as follows:

16.2.a. the function of the chancellor or his/her designee in hearing an appeal is that of reviewing the action of the CAB to determine if: (a) an alleged violation of the rights guaranteed the accused has occurred; (b) the sanction is too severe for the violation; or, (c) new evidence has developed which has bearing on the verdict outcome (when the sanction is expulsion, please see expulsion regulation, Section IV, Rights and Responsibilities);

16.2.b. the chancellor or his/her designee shall receive the petition from a student choosing to appeal the decision of the CAB. Such petition shall be submitted in writing to the chancellor or his/her designee through the director of student conduct explaining in detail the reasons for the student's appeal and specifying the ways in which he/she believes the procedures or actions of the judicial process have violated his/her rights;

16.2.c. upon receiving a petition, the chancellor or his/her designee shall obtain the record of the CAB. Such record shall include relevant documents and a written statement by the CAB. Such statement shall summarize the case and the reasons supporting the Campus Appeal Board's decision;

16.2.d. with this information, the chancellor or his/her designee shall decide whether an appeal hearing is warranted. This decision is based upon the three (3) options for an appeal stated in 16.2.a. above. He/she shall notify the petitioner in writing of his/her decision within seven (7) class days after receiving the student's petition;

16.2.e. if the chancellor or his/her designee determines that a hearing shall be granted, that hearing shall be held within seven (7) class days of such determination and notification shall be given in writing at least three (3) class days prior to the date set for the hearing, specifying time, date, and place of the hearing and informing the student of his/her rights;

16.2.f. the chancellor or his/her designee may invite the appellant and other persons as he/she deems appropriate to appear before him/her to make statements and respond to questions. The student may request the chancellor or his/her designee to invite persons to testify if there is new evidence; and

16.2.g. the chancellor or his/her designee has the authority to approve, reject, or modify the decision in question. The chancellor or his/her designee may impose less severe sanctions as well as more severe sanctions.

17. COMMITTEE ON EXTRAORDINARY DISCIPLINARY EMERGENCIES

17.1 Notwithstanding any other provisions of the UNCP Code of Conduct, and in fulfillment of the obligation of the university and of the chancellor to maintain campus security and to protect the safety and welfare of students, employees, and visitors to the university, the Committee on Extraordinary Disciplinary Emergencies is established in accordance with the provisions of N.C.G.S. §116-11.2. and N.C.G.S. §116.34.a.; UNC Code 502 D (3), 600, 608 (2), and UNC Code Appendix XII and XV; , and the UNCP Code of Conduct.

17.2 The Committee on Extraordinary Disciplinary Emergencies is established under the delegation of the chancellor pursuant to his responsibility for student affairs. The committee is established to investigate, and make recommendations to the chancellor concerning the disposition of complex cases or of those cases involving students or student organizations whose behavior, on or off campus, is such that their presence at the university, in the judgment of the committee, upon referral from the vice chancellor for student affairs or the chancellor, may pose either:

17.2.a. a serious risk of disruption of the academic environment;

17.2.b. a serious risk of interference with the rights of other members of the university
community;

17.2.c. a serious risk or continuing danger to university property; or

17.2.d. a serious risk or continuing danger to members of the university community.

17.3 Examples of student behavior that may come within the jurisdiction of the committee include, but are not limited to:

17.3.a. students or student organizations who have been arrested or charged with a serious crime of a violent nature, or of a dangerous nature, or which involved placing another person in fear of imminent injury or damage (e.g., rape, sexual assault, felonious assault, etc.); and

17.3.b. students subject to summary suspension.

17.4 Committee Membership and Emergency Procedures. The committee shall be composed of the vice chancellor for student affairs or his/her designee, the provost and vice chancellor for academic affairs or his/her designee, the vice chancellor for business affairs or his/her designee, the vice chancellor for advancement or his/her designee, the associate vice chancellor for student affairs or his/her designee, the director of student conduct or his/her designee, the chairman of the faculty senate or his/her designee, and the president of the student body or his/her designee.

17.4.1 A quorum of the committee shall consist of any four (4) members of the committee or their designees.

17.4.2 In each case, the committee shall designate a chair to preside over the committee. In the event of a tie vote, the administrative action of the university is ratified. In an emergency situation, the vice chancellor for student affairs or his/her designee shall have the power to invoke summary suspension. After a hearing, the committee may either ratify the vice chancellor's action, or reverse it, or take any other appropriate action. In such emergency situations, the vice chancellor for student affairs shall inform the chancellor of all actions taken either summarily or by the committee under the authority of this regulation. The chancellor has the authority to approve, reject, or modify the action of the vice chancellor for student affairs or the committee at any stage of the proceedings. The chancellor may impose less severe sanctions as well as more severe sanctions.

17.5 Summary Suspension. Summary suspension is an action requiring that a student immediately leave the campus and university property. It may be imposed by the vice chancellor for student affairs or his/her designee when there is reasonable cause to believe, based on available facts, that the student is an immediate threat to the safety of members of the university community or university property, or is disruptive without relief to the university community.

17.5.1. Any student who is suspended on a summary basis and returns to the campus and university property during the suspension shall be subject to further disciplinary action and may be treated as a trespasser. Permission to be on campus for a specific purpose (e.g., to take an exam, to consult with the director of student conduct, or to participate in the disciplinary procedures against him/her) may be granted in writing by the vice chancellor for student affairs or his/her designee.

17.5.2 When a student is suspended on a summary basis, he/she is given notice containing the reasons for suspension, the duration and any conditions that apply, and a copy of this summary suspension regulation. A student notified of such summary suspension may, within ten (10) class days of the written notice of suspension, request through the vice chancellor for student affairs or his/her designee a hearing before the Committee on Extraordinary Emergencies to determine the innocence or guilt of the student charged and the appropriate sanction, and whether the conditions of the summary suspension should continue. This hearing shall normally be conducted within five (5) class days of the student's request for a hearing.

18. TRAFFIC APPEALS BOARD

18.1 The Traffic Appeals Board is appointed each year by the chancellor. The board consists of two students, one faculty and one staff member. The board has the authority to review violations to determine whether or not a violation has been properly established. The board has the authority to void or reduce any citation when a violation of the campus traffic regulations is not shown, but does not act as a substitution for public authority when it applies.

 


Code of Conduct

1. CODE OF CONDUCT
1.1 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 action through the Office of Student Conduct. No student will be permitted to graduate or officially withdraw from the university while disciplinary action is pending against him or her. All students are responsible for conducting themselves in a manner that helps enhance an environment of learning in which the rights, dignity, worth, and freedom of each member of the academic community are respected. All students must report, in writing, any federal, state or local criminal charges and/or dispositions of criminal charges to the Office of Student Conduct.

1.2 According to the Bylaws of the Board of Trustees of The University of North Carolina at Pembroke (POL 01.05.01), 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 that are found to be in violation of the university’s Code of Conduct.

1.3 A UNCP student shall refrain from engaging in behaviors that violate the Code of Conduct listed below, which reflect conduct unbecoming of a student at The University of North Carolina at Pembroke.

2. VIOLATING THE ACADEMIC HONOR CODE
2.1 Cheating. Cheating means intentionally using or attempting to use unauthorized materials, information, notes, study aids or other devices in any academic exercise (for example, on a test). This definition includes both giving unauthorized information (in either oral or written form) and receiving such information during any academic exercise.

2.2 Plagiarism. Plagiarism is intentionally or knowingly presenting someone else’s words or ideas as one’s own. Avoid plagiarism by very carefully acknowledging the sources of ideas you use and by appropriately indicating any material that has been quoted (that is, by using quotation marks and properly acknowledging the source of the quote, usually with a clear reference source citation and page number).

2.3 Fabrication and falsification. This refers to intentional and unauthorized alteration or invention of any information or citation in an academic exercise. Falsification is a matter of altering information, while fabrication is a matter of inventing or counterfeiting information for use in any academic exercise. For example, a student who changes an answer on a test and claims that the item was incorrectly scored has falsified information. A student who makes up reference citations for a term paper has fabricated that information.

2.4 Abuse of academic materials. Intentionally or knowingly destroying, stealing, or making inaccessible library or other academic material. Remember that library materials are borrowed. For example, a student who tears an article out of a journal in the library has abused library materials. Similarly, a student who intentionally damages a computer in a campus computer lab has violated this standard.

2.5 Complicity in academic dishonesty. Complicity means intentionally or knowingly helping or attempting to help another person to commit any act of academic dishonesty. For example, complicity would include allowing another student to look at test answers or to copy a paper.

3. PROVIDING FALSE INFORMATION
3.1 Furnishing false information to the university with intent to deceive.

3.2 Withholding, with knowledge, information from the university.

4. FRAUD
4.1 Forging, altering, defrauding, or misusing documents, charge cards or money, checks, records, and ID cards of an individual or the university.

4.2 No student shall misrepresent himself/herself in, or with regard to, any transaction with the university, whether oral, written, or by other means.

5. FAILURE TO COMPLY WITH AN OFFICIAL REQUEST
5.1 Refusing to comply with any lawful order of a clearly identifiable university official acting in the performance of his/her duties in the enforcement of university policies (residence staff members are considered university officials when acting in an official capacity).

6. FAILURE TO PRESENT IDENTIFICATION
6.1 Failure to present his/her ID when requested to do so by a university official.

7. FAILURE TO DISCHARGE UNIVERSITY OBLIGATIONS
7.1 Neglecting to discharge all obligations to the university prior to the close of each semester.

8. COMPUTING APPROPRIATE USE POLICY
8.1 Violating the UNCP appropriate use policy for computers, networks, and federal copyright law (See Division of Information Technology Policy 01 03 Appropriate Use Policy.)

9. DISRUPTIVE AND DISORDERLY CONDUCT
9.1 No student shall engage in conduct that is disorderly, lewd, or indecent; breach of peace; or aid, abet, or procure another person to breach the peace on university premises or at functions sponsored by, or participated in, by the university or members of the academic community.

10. SETTING OF FIRE AND FIRE HAZARDS
10.1 No student shall start a fire or create a fire hazard on university-owned or operated property or properties off campus (willful damage to property by fire shall be prosecuted as arson when appropriate).

11. FIRE SAFETY EQUIPMENT
11.1 Misusing, tampering with, or disturbing without proper cause any fire prevention and control equipment.

12. CLASSROOM BEHAVIOR
12.1 Disrupting classroom activity and/or other university functions by operating cell phones, pagers, beepers, etc. in classrooms, libraries, and labs.

13. OBSTRUCTING OR DISRUPTING TEACHING, RESEARCH, OR OTHER
UNIVERSITY ACTIVITIES

13.1 Obstructing or disrupting teaching, research, or other university activities on university premises; the handling of disruptive behavior in the classroom is left to the discretion of the individual faculty member. However, it is suggested that the faculty member make clear to the class in the syllabus or at an early class meeting that any behaviors that disrupt the teaching and/or educational process will not be tolerated. If a student displays such behavior, the faculty member should deal with it early and directly by speaking to the student. If it continues to be a problem, the faculty member should ask the student to leave the classroom or speak with the student at the end of class and provide written documentation immediately to the department chair, dean, and associate vice chancellor for academic affairs. Additionally, a written summary statement should be mailed to the student before the next class meeting outlining the conditions under which the student may return to the class, if allowed to do so, or notifying the student that the faculty member, in consultation with the department chair and dean, is recommending to academic affairs that the student be administratively withdrawn from the class. The associate vice chancellor for academic affairs will ask the student for a written summary of class events. After reviewing materials submitted and conversation(s), the associate vice chancellor for academic affairs will make a determination concerning the request for an academic withdrawal. The decision of the associate vice chancellor is final.

14. THREATENING ANOTHER
14.1 By means other than the use or threatened use of physical force, harassing, or threatening another in a manner or through such behavior that a reasonable person would find threatening.

15. HARASSMENT
15.1 Harassing another student by using objectively offensive speech or behavior of a biased or prejudiced nature related to one’s race, color, creed, national origin, sex, religion, handicap, or age if such speech and/or behavior is so severe and pervasive as to effectively prevent the other student from obtaining an education or to create an objectively hostile educational environment.

16. ELECTRONIC DEVICES
16.1 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.

17. ENDANGERING THE HEALTH AND/OR SAFETY OF ANY PERSON
17.1 No student shall take any action that creates a danger to any person’s health or safety or personal well being.

18. ASSAULT
18.1 No student shall cause physical harm or threaten to cause physical harm to another person. This includes, but is not limited to, any unwanted and unlawful touching or attempted unwanted and unlawful touching. Physical assaults may result in suspension from the university.

19. STALKING
19.1 The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
19.1.a. fear for his or her safety or the safety of others; or,
19.1.b. suffer substantial emotional distress.

19.2 No student shall engage in conduct that may cause a person to fear for his/her safety due to a pattern of behavior that is unwanted and/or an emotional/mental disruption of his/her daily life. Such acts may include, but are not limited to, following another person, telephone calls, e-mail messages, meeting at classes or places of residence, and written and electronic notes or letters. An alleged violation of this policy will be charged as a “hate crime” under the Violence against Women Reauthorization Act of 2013.

20. DATING VIOLENCE
20.1 The term “dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
20.1.a. the length of the relationship
20.1.b. the type of relationship
20.1.c. the frequency of interaction between the persons involved in the relationship.

20.2 No student shall engage in conduct which causes harm or may cause harm to a dating partner (as defined above). This includes, but is not limited to, any unwanted and unlawful touching or attempted unwanted and unlawful touching. An alleged violation of this policy will be charged as a “hate crime” under the Violence against Women Reauthorization Act of 2013.

21. DOMESTIC VIOLENCE
21.1 The term “domestic violence” includes:
21.1.a. felony or misdemeanor crimes of violence committed by a current or former spouse of the victim,
21.1.b. by a person with whom the victim shares a child in common,
21.1.c. by a person who is cohabiting with or has cohabited with the victim as a spouse,
21.1.d. by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or,
21.1.e. by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family domestic violence laws of the jurisdiction.

21.2 No student shall engage in conduct which causes harm or may cause harm to a domestic partner (as defined above). This includes, but is not limited to, any unwanted and unlawful touching or attempted unwanted and unlawful touching. An alleged violation of this policy will be charged as a “hate crime” under the Violence against Women Reauthorization Act of 2013.

22. UNAUTHORIZED ENTRY/TRESPASSING
22.1 Unauthorized entry or presence in or upon or use of any university premises or property including, but not limited to, roofs, storage facilities, crawl spaces, mechanical rooms, and out buildings or student property (i.e., automobiles, lockers, or residences) or unauthorized possession, duplication, loan, or use of keys to any university premises or property.

23. OFFENSIVE OR DISRUPTIVE SPEECH/CONDUCT
23.1 Engaging in objectively offensive or disruptive speech or conduct directed toward a member of or visitor to the university community if such language or conduct is obscene or so severe and pervasive as to constitute legally prohibited harassment in that it effectively prevents an individual from obtaining an education or creates an objectively hostile educational work environment.

24. ABUSE OF STUDENT CONDUCT SYSTEM
24.1. Failure to obey the notice from a Campus Judicial Board or university official to appear for a meeting or hearing as part of the student conduct system.

24.2. Falsification, distortion, or misrepresentation of information before a Campus Judicial Board or university hearing official.

24.3. Disruption or interference with the orderly conduct of a Campus Judicial Board or administrative hearing proceeding.

24.4. Institution of a student conduct code proceeding in bad faith.

24.5. Attempting to discourage an individual’s proper participation in, or use of, the student conduct system.

24.6. Attempting to influence the impartiality of a member of a Campus Judicial Board or administrative hearing officer prior to, and/or during the course of, the Campus Judicial Board or administrative hearing proceeding.

24.7. Harassment (verbal or physical) and/or intimidation of a member of a Campus Judicial Board or administrative hearing officer prior to, during, and/or after a student conduct code proceeding.

24.8. Failure to comply with the sanction(s) imposed under the student code.

24.9. Influencing or attempting to influence another person to commit an abuse of the student conduct code system.

25. VIOLATING POLICIES GOVERNING RESIDENCE LIFE
25.1 See Housing Contract and Student Housing Section VIII. of the Student Handbook.

26. BICYCLES, SKATES, SKATEBOARDS, AND SCOOTERS
26.1. Roller skating/blading, skateboarding, scooter riding, and the riding of bicycles is prohibited in university buildings.

26.2. Roller skating/blading, skateboarding, scooter and bicycle riding as a means of transportation is only permitted on walkways and ramps when the operator does not create a hazard to themselves or others.

26.3. Performing jumps or other stunts (“hot-dogging”) is strictly prohibited on campus.

26.4. Roller skating/blading and skateboarding by visitors is prohibited.

26.5. Skateboarders and roller skaters/bladers may not be towed by bicycles or other vehicles.

27. VANDALISM AND DAMAGE TO PROPERTY
27.1 Vandalizing, destroying maliciously, damaging, or misusing public or private properties, including library materials.

28. LITTERING
28.1 All litter must be placed in a proper receptacle. No individual may scatter, spill, or place or cause to be blown, scattered, spilled, or placed or otherwise dispose of any litter upon any public or private property.

29. STEALING OR ATTEMPTING TO STEAL
29.1 Stealing or attempting to steal, aiding or abetting, receiving stolen property, selling stolen property, or embezzling the property of another person or the university.

30. ALCOHOL AND DRUGS
30.1. Being intoxicated in public, displaying, driving under the influence, illegally possessing or using alcoholic beverages or liquors, or providing alcohol to students under legal age, found visibly overcome by alcohol, driving while under the influence of alcohol.

30.2. Participation in behaviors/games/devices which are consistent with rapid consumption, including, but not limited to, beer funnels/bongs, keg stands, shot-gunning/chugging, Flip Cup, Circle of Death, Beer Pong, or Quarters.

30.3. Kegs are not permitted on campus. Students may not possess kegs, or any other common source containers of alcohol such as “party balls” or use any item such as a bathtub, trash can, or similar container to hold alcohol.

30.4. Illegally manufacturing, selling, using, or possessing narcotics, barbiturates, amphetamines, marijuana, sedatives, tranquilizers, hallucinogens, and/or other known drugs and/or chemicals.

30.5. Buying, selling, possessing, or using any kind of drug paraphernalia or counterfeit drugs (see The University of North Carolina at Pembroke Illegal Drug and Alcohol Policy in the Student Handbook Section V. Administrative Policy).

31. HAZING
31.1 Participating in hazing or illegal harassment of UNCP students (see Student Handbook Section V. Administrative Policies).

32. WEAPONS, EXPLOSIVES, AND DANGEROUS CHEMICALS
32.1 No student shall possess or use firearms, explosive devices, or weapons of any kind on university property or at an event sponsored or supervised by the university or any recognized university organization. Such weapons may include, but are not limited to, guns, BB guns, air pistols, rifles, knives, martial art devices, and bows.

33. SEXUAL HARASSMENT
33.1 Sexual harassment of any member of the university community (See Sexual Harassment Policy in Student Handbook Section V. Administrative Policies).

34. SEXUAL ASSAULT
34.1 Any sexual act that occurs without the consent of the victim, or that occurs when the victim is unable to give consent (see Student Handbook Section V. Administrative Policies).

35. SEXUAL MISCONDUCT
35.1 Any attempted or actual act of non-consensual or forcible sexual touching including, but not limited to, fondling, kissing, groping, attempted intercourse (whether oral, anal or genital), or attempted penetration with a digit or any other object.

36. SEXUAL EXPLOITATION
36.1 Taking non-consensual, unjust, or abusive sexual advantage of another for one’s own advantage or benefit or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute rape, sexual assault, or sexual harassment. Examples of sexual exploitation include, but are not limited to, prostituting another student, non-consensual video or audio taping of sexual activity, going beyond the boundaries of consent (such as letting friends surreptitiously watch you have consensual sex, or unauthorized distribution of photos or other materials of a sexual nature), engaging in voyeurism, and inducing incapacitation with the intent to rape or sexually assault another person or with the intent to create opportunity for a third party to rape or sexually assault another person.

37. OTHER SEXUAL OFFENSES
37.1 Obscene or indecent behavior, which includes, but is not limited to, exposure of one’s sexual organs or the display of sexual behavior that would reasonably be offensive to others.

38. HATE CRIMES
38.1 No student shall threaten, coerce, harass, or intimidate another person or identifiable group of persons in a manner that is unlawful or in violation of a constitutionally valid university policy while on university premises or at university sponsored activities based upon the person’s race, color, religion, national origin, gender, sexual orientation, gender-identity, creed, disability, or veteran status (The UNC Policy Manual 700.4.2) dating violence, domestic violence or stalking (Violence against Women Reauthorization Act of 2013).

38.2 No student shall engage in unlawful harassment leading to a hostile environment. Unlawful harassment includes conduct that creates a hostile environment by meeting the following criteria:

38.2.a. directed toward a particular person or persons;
38.2.b. based upon the person’s race, color, religion, national origin, gender, sexual
orientation, gender-identity, creed, disability, or veteran status;
38.2.c. unwelcome;
38.2.d. severe or pervasive;
38.2.e. objectively offensive; and
38.2.f. so unreasonably interferes with the target person’s employment, academic
pursuits, or participation in university-sponsored activities as to effectively deny
equal access to the university’s resources and opportunities.

39. GAMBLING
39.1 Gambling is prohibited on university property.

40. UNIVERSITY POLICIES
40.1 No student shall take any action, which violates any published university policies or procedures. This includes the violation of any university published policy, rule, or regulation in hard copy or available electronically on the university website.

41. FREE SPEECH
41.1 The university embraces and strives to uphold the freedoms of expression and speech guaranteed by the First Amendment of the U.S. Constitution and the North Carolina Constitution. The university has the right under appropriate circumstances to regulate the time, place, and manner of exercising these and other constitutionally protected rights (The UNC Policy Manual 700.4.2).

42. KNOWINGLY ACTING AS AN ACCESSORY TO ANY CHARGES
42.1 Any act that assists another in violating any university policy or regulation.

42.2. Being present while the offense is committed and advising, instigating, or encouraging the act.

42.3. Facilitating in the committing of an offense in any way.

43. RESPONSIBILITY FOR GUESTS
43.1 Any violation of the Code of Conduct by one’s non-University of North Carolina at Pembroke guest. “Guest” is defined as any non-student present on university premises at the invitation and/or hosting of a UNCP student.

44. VIOLATION OF FEDERAL, STATE, OR LOCAL LAW
44.1 Any act committed by a student on or off campus that is a violation of federal, state, or local law.

45. STUDENT ORGANIZATION BEHAVIOR
45.1 Any student organization found to have violated the Code of Conduct or any Greek letter organization found to have violated the Code of Conduct or the Fraternal Information & Programming Group (FIPG) Risk Management Policy will be subject to sanctioning through the university judicial process.

 


Disciplinary Sanctions

1. COMMON DISCIPLINARY SANCTIONS

1.1 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.

1.2 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.

1.3 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.

1.4 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.

1.5 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.

1.6 RESTITUTION–Appropriate monetary reimbursement for a wrongful act which resulted in loss, damage, or actual expenses incurred by the University or individuals.

1.7 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.

1.8 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.

1.9 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.

1.10 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.

1.11 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.

1.12 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.

1.13 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.

1.14 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.

1.15 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.

1.16 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.

1.17 SUMMARY SUSPENSION–Please see section IV, Rights and Responsibilities, Initiation of Disciplinary Procedures, part 17. Committee on Extraordinary Disciplinary Emergencies and 17.5., Summary Suspension, for a detailed description of this disciplinary sanction.

1.18 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.

1.19 EXPULSION–A The Campus Judicial Board or Administrative Hearing Officer will make a recommendation for expulsion, and the Vice Chancellor for Student Affairs will review the recommendation, and will provide a statement of assent or dissent to accompany the recommendation 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. When a recommendation of expulsion is made to the chancellor by the Campus Judicial Board or the Administrative Hearing Officer an additional sanction of immediate Interim Suspension will be imposed. A student who is expelled will be unable to graduate from The University of North Carolina at Pembroke. Please see the Expulsion Policy in Section IV - Rights and Responsibilities.

 


Appeals

Any disciplinary action may be appealed. Further information may be found in Section IV. Rights and Responsibilities, Student Conduct Disciplinary procedures. More information concerning the appeal process for expulsion cases can be found on the official UNCP Policy and Regulation website, www.uncp.edu/policies.

 


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.

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.


Responsibility to Report Criminal Violations and/or Dispositions

During your period of enrollment at the University of North Carolina at Pembroke, should you be subject to any criminal charge and/or any disposition of a criminal charge, on or off campus, you must within two (2) business days notify the Office of Student Conduct in writing regarding the nature of the charge/offense and the disposition of the charge if applicable. You do not have to notify the Office of Student Conduct regarding traffic-related misdemeanors unless the traffic-related misdemeanor involves alcohol or drugs. (e.g. you are not required to report a speeding ticket, but you are required to report a Driving Under the Influence (DUI) ticket or Driving While Intoxicated (DWI) ticket.) Your failure to do so will be grounds to deny or withdraw your admission, or to dismiss you after enrollment.

All students must notify the Office of the Registrar in writing within two (2) business days of any criminal charge, any disposition of a criminal charge, on or off campus, or any school, college, or university disciplinary action against you, or any type of military discharge other than a honorable discharge that occurs at any time after you are accepted at the University of North Carolina at Pembroke (this includes that occur on or off campus and incidents during summer months and other breaks). Your failure to do so will be grounds to deny or withdraw your admission, or to dismiss you after enrollment.