Request for Appellate Consideration

Appeal of Administrative/Conduct Hearing Board Decision 

A student may request an appeal to the Conduct Appeal Board (CAB) within forty-eight (48) hours after notification of the decision 

by submitting a Request for Appellate Consideration form to the director of Student Conduct. The student 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 CAB has the authority to approve, reject or modify sanctions (Student Handbook, page 66). 

Request for Appellate Consideration - Second level  

The decision of the CAB may be appealed to the chancellor or their 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 their designee for prompt consideration. Original sanctions (except summary suspension) are normally put into effect only after the chancellor or their designee makes a decision. (Student Handbook, page 66). 

The procedure for an appeal of a CAB decision (Student Handbook, page 67). 

https://cm.maxient.com/reportingform.php?UNCPembroke&layout_id=1

Office of Student Conduct (OSC) Holds 

Holds can be placed on a student’s record for a number of reasons. While a student is going through the student conduct process a hold will be placed on their record until the process is completed. In addition, if a student fails to contact the Office of Student Conduct as instructed following a reported incident, does not attend a scheduled pre-hearing or does not complete assigned sanctions by assigned deadlines, a hold will be placed on their record. 

Withdrawals

Once a student has received notice that they are alleged to have violated the Code of Conduct and have been notified of the allegation, the student may not withdraw from the course or the university in order to avoid the penalty. 

Parental Notification

The Family Educational Rights and Privacy Act (FERPA) has given colleges/universities the option to notify parents or guardians about specific types of information from a student's conduct record. The Office of Student Conduct will notify parents or guardians in writing the first time and every subsequent time a student is found to have violated Code of Conduct regulations on the use or possession of alcohol or other drugs when the student is under the age of 21 (uncp.edu/dapolicy).

When the Office for Campus Engagement and Leadership or Office of Student Conduct receive information that a student organization has allegedly violated university policies or local, state or federal law, the director of Student Conduct shall investigate the alleged violation. 

A cease and desist order for all organization operations may be issued, if necessary, by the Office of Student Conduct in collaboration with the Office for Campus Engagement and Leadership. 

After completing a preliminary investigation, an allegation may be dismissed or a pre-hearing providing information on the Conduct Hearing Board process is conducted.  

The student organization will complete a pre-hearing interview with the director of Student Conduct or their designee prior to the CHB hearing. During this meeting all organization rights, responsibilities and procedures will be explained. 

A written notice of the date, time and place of the hearing forwarded to the accused organization president, the organization’s on-campus advisor and to the appropriate supervising department over the organization. The organization representatives may review of all available information, documents, exhibits and a list of witnesses that may testify against the student organization. All names and personal information redacted in order to protect the witnesses and/or victim(s). 

In accordance with North Carolina General Statute §116-40.11[1], students and student organizations at UNC Pembroke who have been accused of a violation of disciplinary or conduct rules may be represented by a licensed attorney or a non-attorney advocate during any disciplinary procedure except in the case of an Academic Honor Code violation. A student organization is provided the same expectations as an individual student. 

During the CHB hearing all members of the student organization executive leadership may be present for the CHB hearing at the discretion of the Office of Student Conduct or the Office for Campus Engagement and Leadership. 

The student organization representatives have a choice to elect not to appear at the hearing. The hearing shall be conducted in the student organization’s absence. 

If the student organization is held responsible by the CHB, an appropriate sanction will be determined. 

After the completion of the hearing, the accused student organization, the Office of Student Conduct and the appropriate supervising department (Office for Campus Engagement and Leadership, etc.) shall each be given a copy of the decision. All sanctions provided to a student organization will be communicated to the appropriate national/international office (if applicable). 

A student organization has a right of appeal to the Conduct Appeal Board (CAB) and then to the chancellor or their designee. 

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 CHB during the next fall/spring semester. 

Please refer to pages 68-70 of the Student Handbook for additional detailed information about this process.

Q: What happens if I’m involved in an incident? 

A: If a student is allegedly involved in a student code violation(s), they will receive a document from UNCP Police and Public Safety to contact the Office of Student Conduct to schedule a time to meet for a pre-hearing. During the pre-hearing, Rights and Responsibilities and the conduct process are discussed, and the student selects the type of hearing they prefer. Please see the Code of Conduct Flow Chart. 

Q: Does my conduct off-campus matter? 

A: Yes, the conduct of students, on-campus or off-campus matters. Student behavior that required the involvement of law enforcement or other authorities may result in university disciplinary sanctions (UNCP Drug and Alcohol Policy, Section 1.3). 

Q: When and why would a hold be placed on my student account by the Office of Student Conduct? 

A: Generally, a student conduct hold is placed on a student’s account when they are reported for an alleged policy violation. The hold is removed once a student contacts the Office of Student Conduct and participates in a scheduled pre-hearing and hearing. If a student does not contact the Office of Student Conduct or assigned sanctions are not completed, a hold is again placed on a student’s account until successfully completed.  

Q: Will my parents/guardians be notified if I am involved in the conduct/honor code process?  

A: Parents/guardians will only be notified only in cases of a student under the age 21 is found in violation of the UNCP Drug and Alcohol Policy 

https://www.uncp.edu/pr/pol-042501-drug-and-alcohol-policy 

Q: Am I responsible for my guests on campus? 

A: Yes, students are responsible for any violation of the Code of Conduct by one’s non-UNC Pembroke guest (Student Handbook, page 80). 

Q: What is FERPA? 

A: The Family Educational Rights and Privacy Act is a federal law that protects the privacy of student education records. Generally, schools must have written permission from the student in order to release any information from a students’ educational record. Please see http//www2.edgov/policy/gen/guid/fepco/ferpa/index.html for more detailed information. 

Q: Am I allowed to withdraw from class or the university if I receive notice about an alleged conduct or honor code violation? 

A: Once a student has received notice that the student is alleged to have violated Academic Honor Code and has been notified of the allegation, the student may not withdraw from the course or the university in order to avoid the penalty (Student Handbook, page 56) 

Q: Am I allowed to have an attorney/non-attorney advocate during the conduct or academic honor code process? 

A: In accordance with North Carolina Statute, students that have allegedly violated policy may have an attorney/non-attorney advocate except for cases involving academic honor code violations.  

Please read sections 14.1 through 14.6 on page 64-65 of the Student Handbook for specific details about representation during disciplinary procedures. 

Q: Am I able to appeal a decision in the conduct or academic honor code process?  

Conduct Code Violation 

Appeal of Administrative/Conduct Hearing Board Decision  

Yes, a student may request an appeal to the Conduct 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. The student will submit the appeal to the CAB within forty-eight (48) hours for prompt consideration. 

Appeal of a Conduct Appeal Board (CAB) Decision 

Yes, 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 their designee within forty-eight (48) hours after notification of the decision. 

Academic Honor Code Violation 

Appeal of a Conduct Hearing Board Decision of an Academic Honor Code Decision 

Yes, if the CHB has found a student responsible of violating the Academic Honor Code, the student has the right to appeal that decision. The student must contact the Office of Student Conduct to complete the request for appellate consideration form. A student must submit request for appellate consideration form within five (5) calendar days to the director of Student Conduct. The director of Student Conduct will deliver the request as well as all related materials to the Conduct Appeal Board. 

• Please see pages 57-58 for more detailed information on the academic honor code process 

• And pages 61-68 for more detailed information about the student conduct disciplinary process. 

Q: How can I file a report?  

A: Complete and submit a campus incident reporting form or call UNCP Police and Public Safety at 910.521.6235 

Q: What is the best way to contact the Office of Student Conduct? 

A: Visit our office between 8 a.m. and 5 p.m., Monday through Friday in the UC Annex, call us at 910.521.6851 or email us at studentconduct@uncp.edu. 

Q: How can I request a training or presentation? 

A:  Call us at 910.521.6851 or email us at studentconduct@uncp.edu. 

Q: How do I know if a student’s behavior potentially violates the Code of Conduct? 

A: Please fill out the campus incident reporting form and the Office of Student Conduct will follow up with you and determine what, if any, policies may have been violated and the student conduct process moving forward.  If you prefer to contact us prior to submitting a report, give us a call at 910.521.6851or email us at studentconduct@uncp.edu. 

Q: What if I need to make a referral after normal business hours? 

A: If you are in an emergency situation that requires medical, psychological or police services, call 911 from a campus phone or UNCP Police and Public Safety at 910.521.6235. 

Q: When should I call the police? 

A: You should contact UNCP Police and Public Safety whenever you feel there is an immediate threat of violence or unlawful behavior, including a student’s refusal to leave class after being told to do so. This is especially true during evening and weekend hours when campus offices and resources are not open to provide support.  

Q: What information do I need to make a referral to the Office of Student Conduct? 

A: Your referral should be as descriptive as possible. If you have student names, documentation, photos or any information that would assist the student conduct process, you should include that information in your referral. 

Q: How can I address students who display disruptive behavior? 

• Include clear and specific information regarding your expectations for student behavior in your syllabus and during the first day of class to proactively address student conduct concerns. 

• Meet with the student to discuss the behavior, reiterate your expectations for classroom conduct and give the student an opportunity to change the behavior. 

• If the behavior continues, refer the behavior to the Office of Student Conduct through the incident reporting form  

• ​After receiving a report, the Office of Student Conduct staff will be in contact with you regarding the next steps in the student conduct process, outcome of the student conduct process (if applicable) and discuss how to move forward after a behavioral issue has occurred. If the behavior does not fall within the Code of Conduct, the Office of Student Conduct staff will work with you on gathering resources that are most relevant to your situation. 

Q: I do not feel comfortable confronting students; can I just forward the information to the Office of Student Conduct? 

A: Managing student conduct concerns in the classroom is meant to be an educational experience and allow for dialogue between the student and faculty regarding appropriate behaviors within an academic community. We strongly encourage you to discuss the behavior with the student first, before referring the behavior to our office.  In incidents that involve the health and/or safety of you, your students or any member of the UNCP community, please contact UNCP Police and Public Safety immediately. 

Q: What is FERPA? 

A: The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy and confidentiality of personally identifiable information contained within student education records. Student conduct records are also protected by FERPA and the office cannot share information about a student without the student’s consent.  

Q: I believe a group of students/student organization is involved in misconduct. Do I still refer the behavior to Office of Student Conduct? 

A: Yes. Both individual students and student organizations have expectations and responsibilities under the Code of Student Conduct. If the behavior seems to be related to a student organization, staff will work with other campus partners to address the behavior. 

Q: Once I make a referral to the Office of Student Conduct, is my participation in the student conduct process complete? 

A: Possibly. After the Office of Student Conduct receives your referral, you may be asked to provide additional information if necessary. In instances where a hearing or appeal occurs, you may be notified and asked to serve as a witness to provide direct knowledge regarding the incident in question. Office of Student Conduct staff will follow up with you after the referral is received, walk you through each step of the process and answer any questions that arise as the student conduct moves forward. 

Q: My Student has a conduct case. Can you talk with me about it? 

A: Staff members in the Office of Student Conduct are always able to share information regarding the Code of Conduct and Student Discipline Procedures. A student may sign a FERPA release permitting staff in the Office of Student Conduct to discuss the specifics of the student’s case. This release must be made voluntarily and will stay on record in the office with the student’s case information. Sometimes it is necessary for a parent to explain the importance of open communication to the student and the reasons behind the request to allow staff to share information. 

Q: Can I be present while my student is meeting with the Office of Student Conduct? 

A: Yes, as long as the student signs a release allowing you to participate. Students records are protected by the Family Educational Rights and Privacy Act, a federal law, which prevents universities from disclosing a student’s educational records without that student’s permission. In cases where the student agrees to have their parent present during a meeting or hearing, the student must first sign a document allowing their disciplinary records to be disclosed.  

Q: Can I speak for my student at the meeting/hearing? 

A: A parent/guardian is welcome to be present at the meeting/hearing; however, parent/guardian is not allowed to speak for the student but can advise the student during the meeting/hearing.  

Q: Should I hire an attorney for my student? 

A: The decision of whether to hire an attorney should be made on a case-by-case basis and might depend on the severity of the circumstances involved.  

Q: How will this incident affect my student in the future? 

A: This depends on the materials in the student’s file and the educational plans of the student. In general, the more serious the charges and events in the file, and the more intrusive the scrutiny of the graduate program—medical or law schools for example—then the more likely there will be some post-undergraduate effect from the incident(s). Staff in the Office of Student Conduct have sufficient experience to review your students file and describe the possible effects, as well as any opportunities you might have to mitigate those effects.