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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 StudentConstitution. 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.

UNCP Student Constitution, ARTICLE X: THE ADJUDICATORY BOARDS
Section 1: Adjudicatory Powers
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.

Section 2: “The Honor Code,” “Offenses against the Student Body,”
“University Code of Conduct”

Every student shall be bound by the Honor Code, the laws of the Student Body enacted in accordance with this 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
Student Handbook.

Section 3: Initiation of Disciplinary Proceedings
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 form 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.
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 Associate Vice Chancellor for Student Affairs and/or other disciplinary bodies such as the Campus Judicial Board (CJB) and the Committee on Extraordinary Disciplinary Emergencies.

3.1 Filing Complaints
3.1.1 Any academic or administrative official, faculty or staff member, or
student may file a written complaint with the office of the Associate
Vice Chancellor for Student Affairs against any student for misconduct.
3.1.2 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 Article X, Section 5.4 (Summary Suspension).

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

3.3 Preliminary Investigation
When the Associate Vice Chancellor for Student Affairs receives information
that a student has allegedly violated university regulations or local, state, or
federal law, the Associate Vice Chancellor or designee shall investigate the
alleged violation. After completing a preliminary investigation, the Associate
Vice Chancellor or designee may:
3.3.1 Find no basis for the complaint and dismiss the allegation as un
founded, or
3.3.2 Summon the student for a pre-hearing and then either dismiss the
allegation, or provide student with choice of administrative or CJB
hearing
3.3.3 Proceed administratively by informing the student of the following
options for resolution of the disciplinary charges:

3.3.3.1 Plead not responsible to the charge(s) and request an
administrative hearing before the Associate Vice Chancellor
for Student Affairs or designee where determination of
responsibility will be made. The Associate Vice Chancellor
or 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.

3.3.3.2 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.

3.3.3.3 Plead responsible to the charge(s) and request an administrative
hearing before the Associate Vice Chancellor for
Student Affairs or designee to determine an appropriate
sanction. The Associate Vice Chancellor for Student Affairs
or designee may elect not to hear the case. The case would
then be heard by the CJB.

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

NOTE: 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 designee. Appeals will be directed solely to the
Chancellor or designee via the Vice Chancellor for Student Affairs or designee.

3.3.4 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 Chancellor. 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.

3.3.5 If a student requests an administrative hearing before the Associate
Vice Chancellor for Student Affairs or designee, at this point 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 Associate Vice Chancellor for Student
Affairs or designee shall provide him/her:

3.3.5.1 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 via
certified mail.

3.3.5.2 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
Associate Vice Chancellor for Student Affairs or designee.

3.3.5.3 Choice to elect not to appear at the hearing; the hearing
shall be conducted in the student’s absence.

3.3.5.4 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.

3.3.5.5 A prehearing interview with the Associate Vice Chancellor
for Student Affairs or designee where all of these rights,
responsibilities, and procedures are explained.

3.4 Summoning a Student for a Pre-hearing
           
3.4.1 Should a student not appear when requested by the Associate Vice
Chancellor for Student Affairs or designee, the Associate Vice
Chancellor for Student Affairs or designee may formally summon a
student to appear for a conference in connection with an alleged
violation.

3.4.2 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.

3.4.3 If an accused student fails to respond to a charge letter and the
required pre-hearing interview, the accused student forfeits the
options in Article X, Section 3.3.5 and will be notified by certified
letter, sent at least seven (7) class days before a hearing before the
Associate Vice Chancellor for Student Affairs or designee, or, at the
option of the Associate Vice Chancellor for Student Affairs, 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. When appropriate,
a sanction will be determined and the student will be notified in
writing.

3.5 Disciplinary Correspondence
All disciplinary correspondence will be sent 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.

3.6 Campus Judicial Board

3.6.1 When a student requests a hearing before the CJB or when a case is
referred by the Associate Vice Chancellor for Student Affairs or
designee, the CJB becomes involved. The CJB is a board of the
Chancellor composed of five (5) members. The Vice Chancellor for
Student Affairs or designee serves as the advisor to the CJB. The
members are:

3.6.1.1 Two (2) students recommended by the President of the
Student Body and appointed by the Chancellor,

3.6.1.2 Two (2) alternate students recommended by the President
of the Student Body and appointed by the Chancellor,

3.6.1.3 Two (2) faculty members recommended by the Faculty
Senate Chairperson and appointed by the Chancellor,

3.6.1.4 Two (2) alternate faculty members recommended by the
Faculty Senate Chair-person and appointed by the Chancellor,

3.6.1.5 One (1) administrative member recommended by the Vice
Chancellor for Student Affairs and appointed by the Chancellor.

3.6.2 The Chairperson of the CJB shall be appointed by the Chancellor.

3.6.3 QUORUM – A quorum shall consist of any three (3) members,
including the Chair-person. The Chairperson of the CJB is a nonvoting
member, except when there is a tie vote.

3.6.4 SELECTION

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

3.6.4.2 CJB members will be appointed by May 1 each year.
Appointments are for one (1) year.

3.6.4.3 Vacancies occurring during the course of the year will be
filled by the Chancellor.

3.6.4.4 Members of the CJB become active members only after
they have been trained by the Office of the Associate Vice
Chancellor for Student Affairs.

3.6.5 Jurisdiction of Campus Judicial Board

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

3.6.5.2 The CJB may have, upon referral by the Associate Vice
Chancellor for Student Affairs or designee, original
jurisdiction in disciplinary cases
3.7 Procedural Standards for Campus Judicial Board Cases

3.7.1 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.

3.7.2 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.

3.7.3 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.

3.7.4 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.

3.8 Hearings before Campus Judicial Board

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

3.8.1.1 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.

3.8.1.2 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
Associate Vice Chancellor for Student Affairs or designee.

3.8.1.3 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.

3.8.1.4 A prehearing interview with the Associate Vice Chancellor
for Student Affairs or designee where all these rights,
responsibilities, and procedures are explained.

3.8.2 Duties of the Campus Judicial Board – 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:

3.8.2.1 Rule on the admissibility of evidence, motions, and
objections to procedures

3.8.2.2 Set forth finding of facts

3.8.2.3 Render a written decision as to the accused student’s guilt
or innocence of the charges

3.8.2.4 Determine the penalty, if any

3.8.2.5 Provide the Vice Chancellor for Student Affairs with a copy
of the decision.

3.8.3 Duties of the Associate Vice Chancellor for Student Affairs – The
Associate Vice Chancellor for Student Affairs or designee shall:

3.8.3.1 Consult the CJB in setting the date, time, and place
of the hearing

3.8.3.2 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.

3.8.3.3 A letter mailed under Part 2 above shall:

3.8.3.3.1 Direct the student charged to appear at a date,
time, and place specified.

3.8.3.3.2 Advise the student of his/her rights:

3.8.3.3.2.1 To appear in person, hear all testimony,
and present any relevant information in his/
her behalf, call witnesses, ask questions of any
person present at the hearing

3.8.3.3.2.2 To elect not to appear at the hearing.
The hearing then shall be conducted in the
student’s absence

3.8.3.3.2.3 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

3.8.3.3.2.4 To know the identity of witnesses who
will testify against him/her

3.8.3.3.2.5 To question each witness who will
testify against him/her for the purpose of clarification

3.8.3.3.2.6 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.

3.8.3.3.2.7 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.

3.8.3.3.2.8 To have a summary of the hearing record

3.8.3.3.2.9 To appeal

3.8.3.3.3 Contain the name of the person appointed to act as
Chairperson of the CJB

3.8.3.3.4 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.

3.8.3.3.5 Contain a copy of the complaint

3.8.3.3.6 Notify the charged student that the Associate Vice
Chancellor for Student Affairs or designee may question a
student testifying in the defendant’s behalf or question the
defendant if he/she testifies in his/her own behalf.

3.8.4 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.

3.8.5 Hearing Procedure – The CJB shall proceed generally as follows during the
hearing:

3.8.5.1 Judicial hearings shall be closed to the public

3.8.5.2 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

3.8.5.3 The Associate Vice Chancellor for Student Affairs or designee
presents the university’s case

3.8.5.4 The student presents his/her defense

3.8.5.5 The Associate Vice Chancellor for Student Affairs or designee and the
student defendant present rebuttal evidence and arguments
3.8.5.6 The CJB deliberates and decides the issue of responsibility or non
responsibility

3.8.5.7 If the CJB finds the charged student responsible, the Associate Vice
Chancellor for Student Affairs or designee and student charged may
present evidence and arguments on an appropriate penalty

3.8.5.8 The CJB deliberates and determines an appropriate penalty

3.8.5.9 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. The accused student,
Vice Chancellor for Student Affairs, and Associate Vice Chancellor for
Student Affairs shall each be given a copy of the decision.

3.8.6 Hearing Record – The hearing record is confidential and consists of:

3.8.6.1 A copy of the notice forwarded to the student

3.8.6.2 A written summary of the hearing together with other material
considered by the CJB

3.8.6.3 The decision(s) of the CJB

August 17, 2009

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