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Student Conduct

Contact Us

Office of Student Conduct

PO Box 1510
One University Drive
Pembroke, NC 28372

Phone: 910.521.6851
Fax: 910.521.6272
Relay: 910.521.6851 
Email: studentconduct@uncp.edu
Location: Lumbee Hall Room 329

 

Staff

Nikki BattM.Ed

Director of Student Conduct
Email: nichole.batt@uncp.edu
Lumbee Hall, Suite 336
Phone: 910.521.6851

 

 

Vacant

Administrative Support Associate 
Web Information Coordinator (WIC)
Email: 
Phone: 910.521.6226

Campus Appeal Board

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. 

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.

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. 

Student Conduct

The mission of the Office of Student Conduct is to administer a campus student discipline program that encourages students to develop as responsible adults.

Through programming, advisement, and interaction, we seek to increase awareness of University expectations of student behavior, encourage civility, and promote self responsibility.

We believe in promoting an environment which encourages students to uphold community standards, enhancing community through education, and striving to provide a comprehensive student discipline program that encourages all students to develop into productive members of society.

The Office of Student Conduct is located in Suite 329 in Lumbee Hall. For more information, contact us by phone at 910.521.6851. Office hours are Monday-Friday from 8:00 a.m. to 5:00 p.m.

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