REG 11.35.02 - Student Discipline Procedures

Authority: Provost and Executive Vice Chancellor

History: First Issued: November 3, 2003. Last Revised: May 21, 2012.

Additional References:
Office of Student Conduct
N.C. Gen. Stat. § 143-166.1 - Law‑Enforcement Officers', Firemen's, Rescue Squad Workers' and Civil Air Patrol Members' Death Benefits Act

Contact Info: Director of Office of Student Conduct (919-515-2963)

1. INTRODUCTION

1.1 This regulation sets forth the procedures that apply when a student is charged with a violation of the Code of Student Conduct (Code). While the student conduct system at North Carolina State University (NC State) does incorporate some principles associated with the legal system, it is fundamentally an administrative review process and should not be compared to the system of resolution offered in the court system. NC State’s responsibility is to provide a safe environment for all members of the university community, to educate students about appropriate conduct, and to provide a fair hearing process.

2. DEFINITIONS

When used in these Student Discipline Procedures (Procedures):

2.1 “Academic Misconduct” means conduct that is described in any provision of section 8 of the Code.

2.2 “Advisor” means an individual who gives advice or consultation to a student who is charged with a violation under the Code. The advisor may be a hearing assistant, another student, or a faculty or staff member who is not an attorney. Advisors do not act as representatives or advocates for a student respondent. A student respondent is solely responsible for presenting his or her case in a disciplinary hearing or conference, even when an advisor has been provided.

2.3 The terms Chancellor, Provost, Dean of the Graduate School, Dean of the College of Veterinary Medicine (CVM), Director of University Housing, and Director, Office of Student Conduct, include their designees or appointees.

2.4 “Complainant” means any individual(s) who submits a formal accusation against a student or group/organization alleging a violation of the Code. At hearings, the complainant may offer information or documentary information to present a case of misconduct and/or call other witnesses to do so, and may be someone other than the individual who submitted the formal accusation against a student or group/organization.

2.5 “Faculty Member” means any person with a University designation of Professor, Associate Professor, Assistant Professor, Lecturer, Instructor, and shall include personnel of the United States armed forces during the time they are assigned under military orders to a ROTC program of a constituent institution of the University of North Carolina as a permanent change of station. For the purposes of these Procedures, graduate teaching assistants will also be included in this category.

2.6 The terms “institution” and “University” mean NC State and all of its undergraduate, graduate, and professional schools, colleges, and administrative units.

2.7 A “minor” violation means a violation for which the possible sanctions are less than suspension or expulsion.

2.8 “Non-Academic Misconduct” means conduct that is described in any provision of section 10 of the Code.

2.9 “Presiding Officer” means the person at a Conduct Board hearing responsible for maintaining order, determining the admissibility of information, facilitating deliberations, and announcing Conduct Board decisions to the respondent. The Student Chief Justice will normally serve as presiding officer at a hearing. If the Student Chief Justice is unable to serve, a presiding officer will be selected by the Office of Student Conduct staff member advising the board from within the membership of the Conduct Board.

2.10 “Respondent” means a student(s) or group(s) who must respond to allegations against them.

2.11 A “serious” violation means a violation for which the possible sanctions include suspension or expulsion.

2.12 “Staff Member” shall mean a person whose employment obligations within the University of North Carolina renders the employee eligible for membership in the Teachers' and State Employees’ Retirement System of North Carolina, the Optional Retirement Plan or the Law-Enforcement Officers’, Firemen’s, Rescue Squad Workers’, and Civil Air Patrol Members’ Death Benefits Act established under N.C. Gen. Stat. § 143-166.1.

2.13 “Student” means any person from the time they accept admission to NC State through the date of their graduation. This includes but is not limited to: new students at Orientation, persons not currently enrolled but who are still seeking a degree from NC State, and any other person enrolled in a credit earning course offered by NC State. For purposes of exercising jurisdiction for university discipline, it also includes any person who has graduated if the University determines that his/her graduation or receipt of credit may have involved misconduct while he/she was working toward a degree.

2.14 “Student Conduct Referral” (SCR) refers to a document written by University Police or other University employees and given to notify a respondent of the charges against them.

3. RIGHTS AND RESPONSIBILITIES

3.1 Respondent's Rights

Students whose conduct is under review based on the Code have the following rights:

3.1.1 Written notice of the charges as described in these Procedures. Written notice of the charges should be provided to the student within thirty (30) days of the charge being initiated, unless extenuating circumstances support a longer time period. A charge is initiated when the initial complaint of a student’s conduct is received by the Office of Student Conduct (e.g., the date a Student Conduct Referral is received). The constitutional prohibition against double jeopardy in criminal cases does not apply to student disciplinary proceedings. Thus, for example, the University may impose disciplinary sanctions even where there has been a criminal proceeding disposing of the same matter. The University may pursue charges for violation of the Code where corresponding criminal charges have been reduced, declined, or dismissed.

3.1.2 In cases that could result in a sanction of suspension or expulsion, the written notice of hearing shall include information specific to the factual allegations and references to possible sanctions.

3.1.3 Reasonable access to the respondent’s case file in the Office of Student Conduct, which includes all information, to the extent permitted by confidentiality laws.

3.1.4 Explanation of the procedural alternatives available within the University disciplinary process.

3.1.5 To be presumed not responsible until proven otherwise for violating the Code.

3.1.6 To respond to the information presented and to question witnesses, through a hearing board or decision maker. Respondents in disciplinary proceedings are expected to answer questions concerning their conduct. Disciplinary proceedings are investigatory in nature and the person or body reviewing the case needs to engage the respondent in discussion and dialogue in order to reach a result. If the respondent refuses to answer questions, a decision will be made based upon the information presented. Students whose alleged misconduct may subject them to criminal proceedings should consult with their own legal counsel regarding their rights prior to their hearing.

3.1.7 To deny responsibility without being charged for lying in relation to that denial if proven responsible. However, a student may be charged, or be subjected to increased sanctions, for lying about the facts of the case, as opposed to just denying responsibility.

3.1.8 To appeal an adverse decision as described below in section 8.

3.1.9 To review the Code and these Procedures.

3.1.10 To waive any of the above rights, provided that the waiver is made freely and in writing.

3.2 Complainant's/Victim's Rights

The complainant/victim, as delineated in the Code, shall have the following rights:

3.2.1 To file charges through University Police, the Office of Student Conduct, or when appropriate, with University Housing staff.

3.2.2 To pursue criminal or civil charges (without University assistance).

3.2.3 To receive an explanation of the applicable charges from a staff member in the Office of Student Conduct or appropriate University Housing staff member.

3.2.4 To receive an explanation of the procedural alternatives available within these Procedures for bringing charges against a student.

3.2.5 To have all formal complaints investigated by University Police or the Office of Student Conduct or other University officials.

3.2.6 To receive contact and referral information from staff in the Office of Student Conduct or University Housing for University-based support services.

3.2.7 To be free from harassment and intimidation from respondents and others as the complainant/victim engages in this process.

3.2.8 To be a witness in the disciplinary process, and to know the results of the process to the extent allowed under federal laws and University policies.

3.2.9 To question witnesses through a hearing board or other decision-maker.

3.2.10 In cases of alleged sexual misconduct, to have a support person at the hearing as an observer, to have the same access to the proceedings as the respondent, including the ability to question witnesses, to be free of irrelevant questions about sexual history, to make an impact statement prior to imposition of sanctions if the respondent is found responsible, and to appeal a decision based on grounds described in section 8 regarding appeals.

3.3 Responsibilities of Respondents, Complainants, and Witnesses

Participants in the student conduct process have the following responsibilities:

3.3.1 To know and adhere to the Code.

3.3.2 To be honest and complete in all information they provide in this process.

3.3.3 To attend all meetings, conferences, or hearings in a timely fashion.

3.3.4 For respondents, to complete any sanctions imposed for violating the Code and consistent with the decision and deadlines administered in their case.

3.3.5 To participate in a manner that is civil and respectful.

3.3.6 For complainants and respondents, to prepare and present their entire case and secure the presence of any witnesses who will speak on their behalf.

4. CASE REFERRALS

4.1 The Office of Student Conduct, or University Housing where appropriate, will decide whether a complaint will be referred to one of the conduct processes, outlined in section 5 below, and if so, which process is most appropriate. Normally referrals will occur within thirty (30) calendar days from receipt of the complaint. Reasonable extensions of time are permissible. See section 5 below for a description of the procedures for the conduct processes.

4.2 When a respondent is charged with violating the Code, and the respondent’s case has been addressed in a criminal proceeding for the same or similar charges where he or she has either pled guilty (including pleas of No Contest or Prayer for Judgment) or been found guilty, responsibility for a corresponding violation of the Code is deemed to be established and the case may be referred to one of the conduct processes below to determine sanctions only.

4.3 The Office of Student Conduct will refer all matters involving charges of Harassment or Sexual Misconduct (sections 10.11 and 10.14 of the Code) to an Administrative Hearing, described in section 5.6 of these Procedures.

5. TYPES OF CONDUCT PROCESSES

5.1 Disciplinary Conference and Housing Judicial Board: University Housing

5.1.1 In cases involving the review of charges for violation of the Code, or other University policies, regulations or rules, relating to housing, the options for addressing the matter include a Disciplinary Conference or a hearing before the Housing Judicial Board through University Housing. A Disciplinary Conference is appropriate for cases where the sanction will be less than eviction from the residence halls, whereas cases involving repeat offenders or that may result in eviction are referred to the Housing Judicial Board. See the University Housing Disciplinary Procedures for more detail.

5.2 Disciplinary Conference: Office of Student Conduct

5.2.1 In cases involving the review of minor non-academic misconduct, a Disciplinary Conference in the Office of Student Conduct may be conducted. The Disciplinary Conference is an informal process designed to resolve charges for minor violations that do not include the possibility of suspension or expulsion as sanctions. The Office of Student Conduct, within its discretion, decides whether the charge is a minor or serious violation based on the information available regarding the complaint.

5.3 Graduate and Veterinary Student Discipline

5.3.1 Graduate students who are charged with academic misconduct involving the student’s thesis or dissertation may have their cases reviewed under NCSU REG11.35.03 – Graduate Student Discipline Procedures. The decision regarding which procedure will be used in that instance rests with the Dean of the Graduate School. All other alleged violations of the Code of Student Conduct by graduate students will be governed by these Procedures.

5.3.2 For students enrolled in CVM who are charged with any form of misconduct, the Dean of CVM will determine if the case will be reviewed using the disciplinary procedures within CVM or resolved under these Procedures.

5.4 Report of an Academic Integrity Violation: Office of Student Conduct

5.4.1 This form (RAIV) is used by a Faculty Member to record, and to attempt resolution of, a charge of academic misconduct with a student. As a result of a meeting with the faculty member, the student may choose to sign this form, admitting responsibility to the specific academic misconduct charge, and waiving their right to appeal the decision and sanctions. Faculty members may recommend sanctions up to and including a failing grade for the course based on a student’s signature on this form. The signed form and supporting case materials are forwarded to the Office of Student Conduct for review and a decision on the sanction.

5.4.2 Depending on the circumstances of the case and whether the student has any previous violations, the Office of Student Conduct may forward the case for a hearing, even if the student has already admitted responsibility by signing the form.

5.5 Conduct Board: Office of Student Conduct

5.5.1 The Conduct Board reviews academic and non-academic misconduct cases for serious charges that include the possibility of suspension or expulsion as sanctions. The composition of the Conduct Board will vary depending on the nature of the charge. Hearings by the Conduct Board are monitored by a professional staff member from the Office of Student Conduct.

5.5.2 Academic Misconduct

5.5.2.1 When resolving matters that are academic, the Conduct Board shall be composed of two (2) faculty or staff members, two (2) full-time students, and the presiding officer. The presiding officer will facilitate and participate in the discussion during deliberations, but will not vote except in a tie. This Conduct Board will act as the designee for the Provost, the Dean of Graduate School, or the Dean of CVM in decisions resulting in a suspension. Recommendations for expulsion will be forwarded to the Provost for a decision on expulsion.

5.5.3 Non-Academic Misconduct

5.5.3.1 When reviewing matters that are non-academic in nature, the Conduct Board shall be comprised of one (1) faculty or staff member, three (3) full-time students, and the presiding officer. The presiding officer will facilitate and participate in discussion during deliberations, but will not vote except in a tie. This Conduct Board will act as the designee for the Provost, the Dean of the Graduate School, or the Dean of CVM in decisions resulting in suspension. Recommendations for expulsion will be forwarded to the Provost for a decision on expulsion.

5.6 Administrative Hearing: Office of Student Conduct

5.6.1 Students referred for a hearing may choose instead to have their cases resolved before a single trained staff member in the Office of Student Conduct. This type of hearing is a time-saving option for both academic and non-academic cases. The full range of sanctions, including suspension and recommendation of expulsion, may be imposed and all rights and responsibilities that apply in Conduct Board hearings also apply for Administrative Hearings. The Director, Office of Student Conduct, may refer a case to an Administrative Hearing when one of the following circumstances exists:

5.6.1.1 The case arises at a time when the Conduct Board cannot be convened (e.g. during holidays, semester breaks, or over the summer session);

5.6.1.2 A backlog of cases has developed and Administrative Hearings are necessary to assure prompt resolution of cases;

5.6.1.3 There is sufficient reason to believe, after consulting with the student, that an Administrative Hearing is the most appropriate process for resolution of the case; or

5.6.1.4 The case involves charges of Harassment or Sexual Misconduct in violation of sections 10.11 and/or 10.14 of the Code.

5.6.2 The rationale for a case referral to an Administrative Hearing shall be provided to the respondent in writing.

5.7 Mutual Agreement

5.7.1 At any point in a student conduct process involving non-academic misconduct charges, respondents may sign a mutual agreement, whereby the respondent waives a formal disciplinary conference or other hearing process by accepting responsibility for the alleged violations and any recommended sanctions. In choosing this option, the respondent must participate in a fact-finding conversation designed to assess the validity of the allegations and any factors which may affect sanctioning. The agreement must be made voluntarily and be signed by both the respondent and the administrator resolving the incident. A mutual agreement is a final decision and cannot be appealed.

5.8 Extraordinary Intervention and Interim Suspension: Office of Student Conduct

5.8.1 The Office of Student Conduct may suspend a student, or effect a change in their residence on campus, on an interim basis. These interim actions may be imposed effective immediately, without prior notice, when there is evidence that the continued presence of the student on NC State’s campus and/or in University Housing poses a substantial threat consistent with section 12 of the Code.

5.8.2 The Director, Office of Student Conduct, may require a student to be evaluated by a mental health professional if the Director reasonably believes that the student may meet the criteria set forth in section 12 of the Code or if a student subject to disciplinary charges wishes to introduce relevant evidence of any mental disorder. Students required to complete an evaluation in accordance with section 12 of the Code shall be so informed in writing in a manner where delivery can be verified. The evaluation must be completed within five (5) business days from the date of the written notice, unless an extension is granted by the Director. Any pending disciplinary action may be withheld until the evaluation is completed, at the discretion of the Director. A student who fails to complete the evaluation may be suspended on an interim basis, or referred for disciplinary action, or both.

6. CONDUCT PROCEDURES

6.1 Disciplinary Conferences

6.1.1 A disciplinary conference will normally consist of an informal, non-adversarial meeting between the respondent and a decision-maker, or an appropriate staff member in University Housing. The following procedural rights pertain to Disciplinary Conferences:

6.1.1.1 Respondents shall receive written notice of the specific charge(s) at least five (5) University business days prior to the scheduled Disciplinary Conference. This written notification is generated from the office responsible for adjudicating the case and is typically sent to the student via his or her University email account. Respondents who wish to expedite their conference and waive the five-day notice may do so by requesting to schedule the conference earlier and confirming the waiver of their notice in writing.

6.1.1.2 Respondents shall have reasonable access to their case file maintained in the office responsible for adjudicating the case prior to and during the Disciplinary Conference. The case file consists of materials received or generated by the Office of Student Conduct and/or University Housing and that are considered relevant to the misconduct charge.

6.1.1.3 Respondents may admit responsibility to the charges against them. The University decision-maker who meets with the respondent will assess the information provided from the respondent and other sources relevant to sanctioning, and then determine a sanction.

6.1.1.4 Where a respondent denies responsibility, the respondent shall have an opportunity to respond to the information presented and call relevant witnesses. Respondents are expected to answer questions concerning their conduct. If the respondent refuses to answer questions, a decision will be made based upon the information available.

6.1.1.5 Respondents shall have an opportunity to be accompanied by an observer, who cannot participate in the Disciplinary Conference unless requested to do so by the decision-maker.

6.1.1.6 The decision to find a respondent responsible for the charges will be based on whether the respondent, in the opinion of the person conducting the Conference, “more likely than not” engaged in the alleged misconduct.

6.1.1.7 The decision and sanctions, if any, issued by the person conducting the Disciplinary Conference shall be given to the respondent in writing and shall include a brief summary of the information on which the decision is based. The written decision shall be provided to the student no later than ten (10) calendar days from the date the decision is made.

6.1.1.8 If the respondent fails to appear for the Disciplinary Conference after proper notice, the conference will proceed without the respondent and a decision will be made based upon the information available.

6.1.1.9 Charges against multiple students involved in the same incident may be heard in a single Disciplinary Conference only if each respondent consents to such a proceeding.

6.1.1.10 If the respondent is found responsible for a violation of the Code, information on appeal procedures will be provided to the student with the decision letter.

6.2 Report of an Academic Integrity Violation Form (RAIV)

6.2.1 A student or University staff member who believes a student has committed academic misconduct or has information that reasonably leads to the conclusion that such an act has or will occur, should inform the faculty member teaching the class, the teaching assistant or the Director, Office of Student Conduct.

6.2.2 A faculty member or instructor who believes that a student has attempted or committed academic misconduct shall investigate the matter. If the faculty member concludes that misconduct has occurred, he or she should do the following:

6.2.2.1 Obtain the Report of an Academic Integrity Violation (RAIV) form from the Office of Student Conduct or its website. Faculty should complete as much of the RAIV form as possible prior to meeting with the student, including the appropriate charge. Faculty members are encouraged to consult with staff in the Office of Student Conduct.

6.2.2.2 Faculty should meet with the student in question. In the meeting, the faculty member should present the information that supports the academic misconduct charge and discuss the student's conduct.

6.2.2.3 Recommendations for sanctioning should be determined after the faculty member has had an opportunity to talk to the student about the allegation. Faculty members should include a recommended sanction on the RAIV before the student signs the form. Faculty members may recommend sanctions up to and including a failing grade for the course. Students should not sign the form if they have additional questions or want to consult staff in the Office of Student Conduct. Students are not required to sign the form at the initial meeting, but are afforded two (2) University business days to consider their options.

6.2.2.4 If the student chooses not to sign the RAIV, or the faculty member is unable to meet with the student, the faculty member should forward the unsigned form and copies of all supporting documentation to the Office of Student Conduct. The faculty member and student will then be contacted by staff in the Office of Student Conduct to discuss hearing options and procedures.

6.2.2.5 Students shall not be allowed to drop a course in which academic misconduct allegations have been made. After the resolution of the case, students may seek a withdrawal from the course, except in cases where a grade penalty has been imposed as a sanction.

6.2.2.6 If the student chooses to sign the RAIV, admitting responsibility, agreeing to the sanctions, and waiving their right to appeal, the faculty member must provide a copy of the signed form to the student at that time. Faculty members should then forward the form and all supporting documentation to the Office of Student Conduct.

6.2.2.7 The Office of Student Conduct will either accept the sanction or forward the case to a hearing if it finds the following:

6.2.2.7a The student has previous academic misconduct history;

6.2.2.7b The sanction recommended by the faculty member does not meet standards imposed in similar cases; or

6.2.2.7c There are aggravating circumstances of which the faculty member may not be aware of that could impact sanctioning (see, e.g. section 9 of the Code of Student Conduct).

6.2.3 Students will retain all rights associated with a hearing if the signed RAIV is forwarded to that process.

6.3 Conduct Board Hearings

The following procedures apply in all cases reviewed by the Conduct Board.

6.3.1 Once information supporting a charge is provided to the Office of Student Conduct, its staff normally will have thirty (30) calendar days to determine if charges will be brought against the student. An extension beyond the thirty (30) days may be allowed by the Director, Office of Student Conduct. Respondents shall be given notice of the hearing date and the specific charges against them at least ten (10) University business days in advance and shall be accorded reasonable access to the case file, including a list of potential witnesses. The case file will be retained in the Office of Student Conduct and a copy of the file will be provided to the student. Respondents who wish to expedite their hearing and waive the ten-day notice may do so in writing.

6.3.2 The information supporting the charge shall be presented by the complainant. The complainant may be a University Police Officer (typically where a Student Conduct Referral was issued), a faculty member or instructor (typically for academic misconduct charges), or a University administrator or staff member. At hearings, the complainant may be someone other than the original individual who submitted the formal accusation against the respondent, but will present the information supporting the charge on behalf of the accuser. Where the complainant is a student or someone else who is not a University employee, that person may serve as a witness but the case will be presented by a University employee designated by the Office of Student Conduct.

6.3.3 The presiding officer or Director, Office of Student Conduct, may require attendance of witnesses at the request of either party or through the process of gathering information about the case. Witness attendance notices must be approved by the Director, Office of Student Conduct, and be delivered via any delivery method that can verify receipt of the notice. University students and employees must comply with the notice, unless excused by the Director for good cause.

6.3.4 If a respondent fails to appear at the hearing after proper notice, the complainant will still be required to present his or her information regarding the alleged violation. The case will be decided on the basis of the information presented.

6.3.5 Hearings will be closed to the public. The respondent may bring an observer in accordance with the section 7 of these Procedures on Representatives and Advisors.

6.3.6 The presiding officer shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing. The presiding officer may recess the hearing if the Conduct Board determines that the presence of additional persons is critical to the decision making process (with consultation of the Office of Student Conduct hearing advisor). Any person, including the respondent, who disrupts a hearing may be excluded by the presiding officer or by the hearing advisor.

6.3.7 Hearings shall be recorded. The recording will reside with the respondent's file and will be available to the student as part of his/her student record, with appropriate redaction of information related to other students unless such information is a necessary part of an appeal.

6.3.8 The names of the Conduct Board members will be provided to each party prior to the hearing. Any party may challenge a Conduct Board member for cause. However, the respondent and complainant, or anyone acting on their behalf, may not speak to or contact a Conduct Board member prior to the hearing. Decisions as to whether a Conduct Board member should be removed for cause will be made by the Director, Office of Student Conduct. Conduct Board members who have information that may affect their ability to remain neutral must recuse themselves from the hearing.

6.3.9 Witnesses shall be asked to affirm or swear that their testimony is truthful. Witnesses who intentionally provide false information may be subject to University disciplinary action.

6.3.10 Prospective witnesses, other than the complainant and respondent, will be sequestered at the beginning of the hearing and excluded from the hearing during the testimony of other witnesses. In addition, all parties and witnesses shall be excluded during Conduct Board deliberations. The Office of Student Conduct advisor to the hearing will observe deliberations, and may inform Conduct Board members of applicable University polices, regulations and rules, as well as the range of sanctions that can be implemented, but will not participate in discussions or attempt to influence the outcome.

6.3.11 The Conduct Board’s determination shall be made on the basis of whether the complainant has shown that it is “more likely than not” that the respondent violated the Code. The respondent’s past disciplinary record will be available during the sanctions portion of the hearing.

6.3.12 Formal rules of evidence shall not apply in student disciplinary proceedings. Unduly repetitious or irrelevant information or witnesses may be excluded by the presiding officer. Hearsay information may be presented unless the presiding officer determines it is too unreliable, provided that the respondent shall have an opportunity to rebut any hearsay information.

6.3.13 Conduct Board members may take notice of commonly known information within the general experience of University students and faculty members, provided that the respondent is informed of any such information and given an opportunity to address it at the hearing.

6.3.14 Written witness statements are the student disciplinary equivalent of affidavits but without the formalities. They shall not be admitted into evidence unless signed by the witnesses as observed by a staff member in the Office of Student Conduct. Exceptions to the observed requirement may be approved by the Office of Student Conduct staff for good cause. Statements from others regarding insight into the respondent’s decision-making and character introduced at the sanctioning portion of the hearing need not be witnessed.

6.3.15 Charges against multiple students involved in the same incident may be heard in a single hearing only if each student-respondent consents to such a proceeding.

6.3.16 The sequence of a Hearing shall be as follows:

6.3.16.1 The presiding officer shall read statements regarding the expectations for truthfulness and confidentiality, then sequester the witnesses in the case, except as provided in these Procedures.

6.3.16.2 The presiding officer shall read the charge(s) and accept whether the respondent admits or denies responsibility for the charge(s).

6.3.16.3 The complainant shall present his or her case, including any witnesses. The Conduct Board and respondent may question the complainant and witnesses during the presentation.

6.3.16.4 The respondent shall present his or her case including any witnesses. The Conduct Board and complainant may question the respondent and witnesses during the presentation.

6.3.16.5 Questions from the parties shall be directed through the Conduct Board. The presiding officer may limit questioning that is redundant, irrelevant, or abusive.

6.3.16.6 The complainant and respondent may make a closing statement. A closing statement is a short summary of the information previously presented, and conclusions the speaker wishes the Conduct Board to draw from the information.

6.3.16.7 The Conduct Board will enter into a period of deliberation. A decision will be made by majority vote. Only the Conduct Board members and the Office of Student Conduct hearing advisor may be present at deliberations. Deliberations are not recorded.

6.3.16.8 The Conduct Board will announce its decision on each charge. Decisions of the Conduct Board may be “responsible” or “not responsible.”

6.3.16.9 A determination of responsibility shall be followed immediately by a sanctions portion of the hearing in which either party may submit information or make statements concerning the appropriate sanction to be imposed. The past disciplinary record of the respondent shall not be supplied to the Conduct Board prior to this portion of the hearing, except in cases where the charge includes failure to follow through on previous sanctions, recommendations, directives or violations of behavioral contracts. In those instances, the allegations of the complaint would of necessity reflect the past disciplinary record of the respondent.

6.3.16.10 The Conduct Board will enter into a period of deliberation for sanctioning. A decision will be made by majority vote. Procedures for this deliberation are the same as for deliberation of responsibility on the charge(s).

6.3.16.11 As the designee for the Provost, the Dean of the Graduate School or the Dean of the CVM, the Conduct Board has authority to impose sanctions up to and including suspension from the University. If the Conduct Board determines that expulsion is the appropriate sanction, the Conduct Board will forward a recommendation of the respondent’s expulsion to the Provost, who will then issue a decision on the sanction of expulsion.

6.3.16.12 Any determination of responsibility and sanctions may be provided verbally to the respondent at the conclusion of the hearing. A more detailed, written explanation of the findings and reasoning supporting the Conduct Board's decision will be delivered through a means where delivery can be verified within ten (10) calendar days of the decision. The time limit for filing an appeal begins upon delivery or attempted delivery of the written notification of the outcome.

6.4 Administrative Hearings

6.4.1 All the rights, responsibilities, and procedures applicable to a hearing before the Conduct Board outlined above also apply in an Administrative Hearing except that the decision-maker is a staff member from the Office of Student Conduct.

6.4.2 In cases involving charges of Harassment or Sexual Misconduct in violation of sections 10.11 and/or 10.14 of the Code, the decision by the decision-maker shall be finalized only after consulting with the Office of Institutional Equality and Diversity.

6.5 Mutual Agreement

6.5.1 The following procedures apply when a respondent waives his or her right to a disciplinary conference or hearing, chooses to accept responsibility for a non-academic misconduct violation of the Code of Student Conduct, and accepts a sanction determined by a staff member in the Office of Student Conduct.

6.5.1.1 Upon being presented with the information regarding the charge(s), and providing a response to the charge(s), the respondent may accept responsibility and engage in a discussion about any factors that could impact sanctioning.

6.5.1.2 The staff member in the Office of Student Conduct will take into consideration any factors affecting possible sanctions and will determine appropriate sanctions to be presented to the respondent.

6.5.1.3 The respondent will be allowed to ask questions of the decision-maker regarding the suggested sanctions and will be permitted two (2) University business days to consider the agreement. The respondent may seek any outside counsel in making a decision to sign the Mutual Agreement.

6.5.1.4 The respondent may sign the Mutual Agreement, indicating an acceptance of responsibility for the allegation(s) and the sanctions. As a condition of entering into the Agreement, a respondent waives his or her right to appeal the decision and sanctions.

6.5.1.5 The respondent may decide against signing the Mutual Agreement and may continue with the resolution of his or her case through the completion of another appropriate conduct process.

6.6 Extraordinary Intervention: Interim Suspension

6.6.1 Students subject to interim suspension shall be accorded an informal hearing before the Provost within five (5) University business days from the effective date of the interim action. The Director, Office of Student Conduct may observe and answer questions the Provost may have. Only the following issues will be heard:

6.6.1.1 The reliability of the information concerning the student’s behavior;

6.6.1.2 Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the University campus and/or in the Residence Halls poses a threat as listed in section 12 of the Code; and/or

6.6.1.3 Whether or not the student has completed an evaluation by a mental health professional from the NC State Counseling Center or one of his or her choice, as directed by the interim action.

6.6.2 The following procedures will be applicable:

6.6.2.1 Students will be informed of the time, date, and location of the informal hearing, in writing, delivered by means in which receipt can be verified, at least two (2) University business days in advance. This notice period may be waived in writing by the student. The student will remain suspended on an interim basis pending completion of the informal hearing, but will be allowed to enter the campus to attend the hearing, or for other necessary purposes as authorized in writing by the Provost.

6.6.2.2 The interim suspension order may require the student to be evaluated by a mental health professional. In those cases, the informal hearing will be held within five (5) University business days after the student has been evaluated.

6.6.2.3 The entire case file, including the names of prospective witnesses and the mental health professional or NC State Counseling Center’s recommendations, consistent with state and federal law and University regulations, will be available for inspection by the student in the Office of Student Conduct, during normal business hours.

6.6.2.4 The informal hearing shall be conversational and non-adversarial. Formal rules of evidence will not apply. The Provost shall exercise control over the proceedings to avoid needless consumption of time and to achieve the orderly completion of the hearing. Any person who disrupts the hearing may be excluded.

6.6.2.5 The student may choose to be assisted by an observer and a mental health professional, or, in lieu of a mental health professional, by a member of the faculty or staff of the institution. The student may also be accompanied by legal counsel only if criminal charges arising out of the same misconduct have been filed; the role of counsel will be limited to observing and providing legal advice to the student in a manner that does not interfere with the hearing.

6.6.2.6 Those assisting the student, except for legal counsel, will be given reasonable time to ask relevant questions of any individual appearing at the informal hearing, as well as to present relevant information.

6.6.2.7 A student is expected to answer questions concerning their conduct. If the student refuses to answer questions, a decision will be made based upon the information available and may result in continued or indefinite suspension from the institution.

6.6.2.8 The informal hearing may be conducted in the absence of a student who fails to appear after proper notice.

6.6.2.9 Where a psychiatric or psychological evaluation is required in the interim suspension order, the provider who prepared the evaluation or NC State Counseling Center staff member who prepared the recommendation may be expected to appear at the informal hearing, and to respond to relevant questions, upon request of any party, if the Provost determines that such participation is essential to the resolution of a dispositive issue in the case. The provider may be asked to provide a written statement. The student will be asked to sign a release allowing the individuals to present any medical information protected by privacy laws.

6.6.2.10 The informal hearing shall be recorded by the Provost. The recording will be kept with the pertinent case file in accordance with the retention schedule described in section 9.

6.6.2.11 A written decision shall be rendered by the Provost within five (5) University business days after the completion of the informal hearing. The written decision will contain a statement of reasons for any determination to continue interim suspension.

6.6.2.12 The decision of the Provost regarding interim suspension shall be final and not subject to appeal.

6.6.2.13 University student disciplinary proceedings shall be scheduled as soon as practicable following the interim suspension, unless the student requests a deferral until after any criminal proceedings or medical treatments. A request for deferral must be filed with the Director, Office of Student Conduct, within two (2) University business days of receipt of the initial interim suspension order or the informal hearing decision by the Provost. In reviewing the request the Director shall consider the following:

6.6.2.13a Whether the interests of the University will be served by postponing the campus proceedings until after the criminal process or medical treatment has been resolved;

6.6.2.13b The amount of time the resolution might take; and

6.6.2.13c The likelihood that witnesses necessary to provide for a full and fair hearing on campus will or will not be available at a later date.

7. REPRESENTATIVES AND ADVISORS

7.1 Representation is not permitted in any University disciplinary proceeding.

7.2 However, respondents referred for a hearing may be accompanied by an adviser, who must be a student, student assistant from the Conduct Board, staff or faculty member who is not an attorney. Full responsibility for understanding the procedures and presenting the case remain with the respondent even where an adviser provides assistance.

7.3 In addition to an adviser, respondents may bring an observer to the hearing. An observer may be a parent, friend, or other person of the respondent’s choice. The observer may be an attorney only if criminal charges arising out of the same incident have been filed. Observers may confer with the respondent during the hearing so long as the observer does not address the presiding officer or board members. However, observers may not provide representation at the hearing, otherwise actively participate in the hearing, or disrupt or delay it.

8. APPEALS

Each student who has received a disciplinary sanction shall be notified in writing of his or her appeal rights. This notice must be given no later than the date the written decision is delivered to the student (or the date delivery is properly attempted, in the event delivery is not successful). Only the student who has been found responsible for a conduct violation may appeal, except as allowed in cases involving sexual misconduct.

8.1 Appeal Routes

8.1.1 Any disciplinary decision, other than expulsion decisions or where the respondent has waived their right to appeal, may be appealed to the Provost, the Dean of the Graduate School (for graduate students), or the Dean of CVM (for CVM students), whose decision shall be final, and no further appeal of the decision is permitted.

8.1.2 Expulsion decisions may be appealed to the Chancellor. The Chancellor’s decision on appeal shall be the final decision at the University. A further appeal may be made to the UNC Board of Governors. Appeals to the Board of Governors should be sent by certified or registered mail, return receipt requested, to the President of the University of North Carolina within ten (10) calendar days after the student receives the final University decision. The mailing address for appeals to the Board of Governors is: c/o Vice President and General Counsel, Office of the President, University of North Carolina, P.O. Box 2688, Chapel Hill NC 27515-2688. A copy of the written notice of appeal to the Board of Governors must also be delivered to the Office of Student Conduct.

8.2 Grounds for Appeal

8.2.1 Under the appeal rights set by the UNC Board of Governors and applicable at NC State, an appeal of a disciplinary decision is limited to allegations that the decision violates due process rights, meaning there has been a material deviation from the procedural and/or substantive due process standards adopted by the UNC Board of Governors. Therefore the appeal must allege violation of:

8.2.1.1 Procedural Standards; and/or

8.2.1.2 Substantive Standards.

8.2.2 On appeal, a respondent has the burden of showing that the disciplinary decision violates Procedural and/or Substantive Standards.

8.2.2.1 Violation of Procedural Standards means that the respondent was not provided the required notice or an opportunity for a fair hearing due to specified procedural errors, or errors in interpretation of University policies or regulations, that were so substantial as to effectively deny the respondent a fair hearing. Reasonable deviations from the procedures set out in this regulation will not invalidate a decision or proceeding unless the respondent can show that, but for the deviation or error, there likely would have been a different outcome in the case.

8.2.2.2 Violation of Substantive Standards means there is a lack of information in the record that could support the decision or sanction(s). This last ground for appeal does not mean the information presented at the hearing can be re-argued on appeal; rather, it requires a showing that no reasonable person could have determined the respondent was responsible or could have imposed the sanction that was issued.

8.3 Record on Appeal

8.3.1 In all cases resulting in an appeal, the decision, the complete record of the proceeding (including documentary evidence and any recording or transcript of testimony), the appeal materials filed by the student, and any other relevant information, will be compiled by the Director, Office of Student Conduct and delivered to the person designated to review the appeal.

8.4 Deadline and Place for Delivery of Notice of Appeal

8.4.1 Student appeals must be received within ten (10) calendar days from the date that the written decision or sanctions is provided, or attempted to be delivered, to the student through any delivery method where receipt can be verified. If the tenth (10^th) calendar day falls on a weekend or University holiday, the deadline for filing the appeal will be extended to the next University business day. Failure to submit the written notice of appeal within this time limit will render the original decision final and conclusive. An extension of time may be requested in writing within the ten-day limit, but it is within the discretion of the person deciding the appeal to grant or deny such requests. The written notice of appeal must be delivered to the Office of Student Conduct.

8.4.2 The notice of appeal must contain the following:

8.4.2.1 A copy of the decision being appealed;

8.4.2.2 A statement of the grounds for appeal, which at a minimum should contain a list of alleged errors in the decision or procedure and statement of why the decision or sanctions are in error;

8.4.2.3 A requested remedy; and

8.4.2.4 The signature of the appellant and date the appeal is being submitted.

8.5 Appeal Review

8.5.1 The imposition of sanctions may be deferred during the pendency of appellate proceedings, at the discretion of the person(s) reviewing the appeal, upon written request of the respondent.

8.5.2 Where sanctions are deferred during the pendency of the appellate proceedings and the student’s appeal is ultimately unsuccessful, students may fail to receive grades or credit for courses or assignments already completed while awaiting a decision, or, in cases resulting in the sanction of suspension or expulsion, cause a student to pay back previously received financial aid for the semester completed. Students are encouraged to consult with Office of Student Conduct regarding the ramifications of any delay in the enforcement of sanctions before submitting a written request for such deferral.

8.5.3 Appeals will be decided on the record of the original proceedings. New hearings will not be conducted on appeal. However, the person(s) reviewing the appeal may choose to ask the parties to submit written statements of their positions on appeal, beyond the information in the appeal notice. If the hearing body is alleged to have violated these Procedures, a written response may be solicited from the hearing body or the Office of Student Conduct on its behalf. Any such written statements from the parties or the Office of Student Conduct must be drawn on information in the record; they cannot include new information or facts bearing on responsibility that were not presented at the hearing. These written statements become part of the record. Any decision to allow new information in the appeals process will be made by the person(s) reviewing the appeal.

8.6 Appeal Decisions

8.6.1 Following their review, the person(s) reviewing the appeal may decide:

8.6.1.1 To affirm the findings and sanction(s) imposed by the original Board/decision-maker.

8.6.1.2 To reverse or modify the decision and/or sanction(s) of the Board/decision-maker. Such reversal or modification shall take place only upon a showing by the respondent of clear and material error on the part of the Board/decision-maker and which error affected the outcome of the case.

8.6.1.3 To remand the case to the initial level of decision-maker for a supplemental hearing or for a new hearing. Cases will only be remanded based on:

8.6.1.3a Specified procedural errors or errors in interpretation of University policies or regulations that were so substantial as to effectively deny the respondent a fair hearing; or

8.6.1.3b New and significant material information that has become available and was not available previously to a person exercising reasonable diligence, which information could have affected the outcome of the proceeding.

8.6.1.3c To dismiss the entire case. Dismissal will occur only if there is insufficient information to support a finding of responsibility.

9. DISCIPLINARY FILES, RECORDS, AND TRANSCRIPT NOTATIONS

9.1 Record Retention

9.1.1 Disciplinary decisions will be kept in a conduct file in the name of the respondent. Those files with sanctions other than suspension or expulsion will be retained in the Office of Student Conduct for eight (8) years from the date of letter providing notice of the final disciplinary action and then destroyed. Files for respondents found not responsible or where charges are dismissed will be retained according to the same retention schedule, but do not result in a disciplinary record for the student.

9.1.2 Student files with sanctions resulting in suspension or expulsion will be retained in the Office of Student Conduct on a permanent basis. After eight (8) years, only those items which are necessary to understand the factual allegations involved will be retained.

9.2 Disclosure of Records

9.2.1 Disciplinary records for respondents who were found responsible may be reported to third parties, in accordance with University regulations and applicable laws.

9.3 Transcript Holds and Notations

9.3.1 A temporary hold may be placed on a student’s record while disciplinary proceedings are pending. While on hold, a student may not register for classes or receive an official copy of his or her transcript. Students may not graduate while a disciplinary action is pending.

9.3.2 Notations of disciplinary action will be made on the transcript whenever a student is suspended or expelled. Suspension notations may be removed upon student petition to the Provost. Factors to be considered in reviewing petitions for notation removal after suspension include:

9.3.2.1 The present demeanor of the student;

9.3.2.2 The student’s conduct subsequent to the violation; and

9.3.2.3 The nature of the violation, including the issue of premeditation and/or the severity of any resulting damage, injury, or harm.

9.3.3 Expulsions will result in permanent notations on a student’s transcript which cannot be removed. The transcript of a student who is successful in petitioning for approval of reinstatement will retain the expulsion notation and the phrase “Approved for Reinstatement” will be added to the transcript.

9.3.4 Students who have been suspended or expelled will have their names entered into the UNC System database for suspended/expelled students. Students who have been expelled from NC State will not be admitted to another UNC System constituent institution.

10. RECONSIDERATION OF EXPULSION

10.1 Timing of Petition

10.1.1 After an expulsion has become final, the former student may submit a written petition to the Chancellor requesting approval for reinstatement. A petition for approval of reinstatement will not be considered prior to the expiration of two (2) years after the effective date of the expulsion. In addition, repeat petitions will not be considered until at least one (1) year has passed since the filing of the previous petition.

10.2 Contents of Petition

10.2.1 A petition for approval of reinstatement should list reasons why the former student deserves to be readmitted to the University. The reasons should focus primarily on the former student’s activities and behavior after the expulsion and why the student believes that he or she should be given a new opportunity to pursue higher education. Re-argument of the merits of the expulsion is inappropriate unless exonerating information has become available that could not have been discovered at the time of expulsion.

10.3 Procedure for Review

10.3.1 The Chancellor will forward the petition for approval of reinstatement to the Provost. The Provost will coordinate the gathering of the information and disciplinary record for review. The Provost may request additional information from the former student and/or the Office of Student Conduct when necessary.

10.3.2 The Provost will form a committee to review the petition. The committee may interview the former student and/or ask for additional information from the appropriate resources pertinent to the petition and in evaluating the petition.

10.3.3 The committee will make a recommendation regarding the petition to the Chancellor, who will render a decision and notify the petitioner. The decision whether to approve the petition for reinstatement shall be entirely at the Chancellor’s discretion.

10.3.4 Any student who successfully petitions for approval of reinstatement and returns to the University will be placed on disciplinary or academic integrity probation for the remainder of his or her academic career. In addition, the student must comply with any additional requirements the Chancellor may impose for readmission. The transcript of a student who is successful in petitioning for approval for reinstatement will retain the expulsion notation and the phrase “Approved for Reinstatement” will be added to the transcript.

10.3.5 No institutional appeal is available. However, the former student may re-petition provided that one (1) year has elapsed from the denial of any previous petition.

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REG 11.35.02 - Student Discipline Procedures

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