Authority: Executive Vice Chancellor and Provost
History: First Issued: April 1, 2001. Last Revised: September 6, 2022.
UNC Policy 1100.1 – Intercollegiate Athletics
UNC Code Appendix I Section XIII – Intercollegiate Athletics
NCSU REG11.00.02 – Hearing Procedures for the Scholarships and Student Aid Committee
NCSU POL04.25.05 – Equal Opportunity, Non-Discrimination Policy
Sr. Associate Athletic Director for Compliance (919-515-0604)
Associate Vice Provost and Director of Scholarships and Financial Aid (919-515-2866)
1. REDUCTION, CANCELLATION, OR NON-RENEWAL OF ATHLETICALLY RELATED FINANCIAL AID:
1.1 The reduction, cancellation, or non-renewal of a student’s athletically related financial aid is subject to the provisions of NCAA Bylaws and must be based on the conditions set forth in the student’s University Athletics Financial Aid Agreement.
1.2 The Department of Athletics’ (“Department”) decision to reduce, cancel, or not renew a student’s athletically related financial aid during the period of the award and/or for future academic years shall be submitted to the Director of the Office of Scholarships and Financial Aid (“Director”).
1.3 The Department’s decision shall include an explanation of the reason(s) for the reduction, cancellation or non-renewal, and any supporting documentation.
1.4 Formal notice of reduction, cancellation, or non-renewal of athletically related financial aid will be provided to the student on or before July 1 prior to the academic year in which the aid is to be effective. The Director will provide written notice (including the reasons for the reduction, cancellation, or non-renewal) to the student of the decision and inform the student of the right to an appeal hearing. The notice provided to the student shall also include a copy of this regulation and will be sent to the student through the student’s University email account or other preferred email account on file. Students are responsible for monitoring their University email account or other preferred email account on file.
2.1 A student may appeal a decision resulting in the reduction, cancellation, or non-renewal of their financial aid by filing with the Director a written notice of appeal within fifteen (15) calendar days of the date written notice of the decision to reduce, cancel or not renew the financial aid is sent pursuant to Section 1.5 above. Failure to submit the written notice of appeal within this time limit will render the reduction, cancellation, or non-renewal final.
2.2 The student’s written notice of appeal must contain (a) a statement describing the student’s grounds for appeal, (b) any relevant documentation (numbered for ease of reference) the student wishes to submit and to which the student intends to refer at the hearing, and (c) contact information for the student, including an email address and telephone number. The subject matter of the appeal is limited to the reduction, cancellation, or non-renewal of the student’s athletically related financial aid.
2.3 If a student’s appeal alleges a violation of NCSU POL04.25.05 – Equal Opportunity, Non-Discrimination and Affirmative Action as a basis for the reduction, cancellation, or non-renewal of athletically related financial aid, the matter shall be referred to the NC State Office for Institutional Equity and Diversity (“OIED”) for review. The appeal proceedings shall be held in abeyance until OIED notifies the Director that its review and the process related thereto is complete, at which time the Director shall confirm whether the student wishes to move forward with the appeal.
2.4 After receiving the student’s written appeal or, if applicable, upon conclusion of the OIED process set forth in Section 2.3 above, the Director shall notify the Department of the student’s request for appeal, shall provide the Department with a copy of the written appeal and all supporting materials provided by the student, and shall give the Department ten (10) calendar days to provide a response to the student’s appeal. The Department shall attach to the written response any relevant documentation (numbered for easy reference) to which it intends to refer at the hearing. A copy of the Department’s response (with attached documentation) shall be provided to the student.
2.5 The Director shall then convene a panel (“Panel”) to hear the appeal, coordinate and schedule the appeal hearing date, and request that the Office of General Counsel assign legal counsel to the Panel. The role of the legal counsel assigned pursuant to this Section will be to advise the Panel on procedural matters and substantive laws.
2.6 The Panel shall be composed of three (3) voting members from the Scholarship and Student Aid Committee (“Committee”), one of whom the Director will designate as the Chair. Employees of the Department may not serve on the Panel.
Members of the Panel have the responsibility to disclose any conflict of interest to the Director and to recuse themselves from the Panel if the conflict would affect their ability to decide the case in an objective manner. The Director has the authority to remove members from a Panel if the Director determines that a conflict of interest exists and there has been no recusal.
The Director shall notify the student and the Department in writing of the proposed members of the Panel. The student and the Department will then have five (5) calendar days to request the removal of any proposed member(s) from the Panel for cause. A request for removal for cause must be in writing and must specify the reasons for removal. Within five (5) calendar days of receipt of the request, the Director shall determine whether a proposed member should be disqualified for cause. The Director shall replace a Panel member who is removed for cause with another eligible member of the Committee as soon as practicable and will notify the student and the Department.
2.7 Upon finalizing the makeup of the Panel, the Director shall provide the Panel with a copy of the written notification to the student of the decision to reduce, cancel, or not renew the athletically related financial aid, the student’s written appeal and supporting materials, and the Department’s response with supporting materials (the “Written Submissions”).
3. HEARING PROCEDURE
3.1 The purpose of the hearing is to provide the parties with the opportunity to present their respective cases to the Panel. The Department has the responsibility to demonstrate that the reduction, cancellation, or non-renewal of the student’s athletically related financial aid is in keeping with the NCAA Bylaws, the student’s University Athletics Financial Aid Agreement, and this regulation.
3.2 The Chair is responsible for determining whether the hearing will be conducted by web-based technology (e.g., Zoom) or in person and for coordinating with the Director to establish the date, time and location of the hearing. If either party fails to attend the hearing, the Panel may elect to proceed with the hearing based on the Written Submissions from that party or to postpone the hearing.
3.3 Formal rules of evidence do not apply at the hearing, and the Panel may consider any information presented by the parties that it finds to be reliable and relevant to the issues identified in the Written Submissions. The Chair may exclude unduly repetitious or irrelevant information or witnesses. Documentary evidence on which a party intends to rely at the hearing must be relevant to the issues identified in the Written Submissions and must be submitted to the Director at least seven (7) calendar days prior to the hearing (the “Documentary Evidence”).
3.4 Except in the course of the hearing, Panel members shall not have any communication with the parties, directly or indirectly, concerning the substance of the case. At least five (5) calendar days prior to the hearing, the Director will communicate with the parties and the Panel to arrange logistics, confirm the identity of advisors and observers, and provide the Panel and the non-producing party with copies of the Documentary Evidence submitted by the parties.
3.5 The student may be accompanied by an advisor of their choosing, who may participate in the hearing. Full responsibility for understanding these procedures and presenting the case remains with the student even when an advisor is present to provide assistance. In addition to an advisor, the student may bring an observer to the hearing. An observer may be a parent, friend, or other person of the student’s choice. Observers may confer with the student during the hearing so long as the observer does not address the Chair, Panel members, or representative(s) of the Department. Observers may not provide representation at the hearing, actively participate in the hearing, or disrupt or delay the hearing.
3.6 The Department must be represented by the individual who made the recommendation to reduce, cancel, or not renew the student’s athletically-related financial aid (unless this individual no longer works in the Department in which case the Department may be represented by another individual with knowledge of or responsibility for the decision). The Department may also be represented by one additional individual from the Department (e.g., Sport Supervisor, compliance administrator, assistant coach). The Department representatives have responsibility for understanding these procedures and presenting the Department’s case to the Panel. If the student’s advisor is an attorney, the Department may also be represented by an attorney assigned in consultation with the Office of General Counsel, and such attorney may participate in the hearing.
3.7 State and federal laws (including but not limited to the Family Educational Rights and Privacy Act (FERPA) and N.C. Gen. Stat. § 126-22 et seq.) govern the privacy rights of students and employees. Panel members and all other persons involved in the hearing shall maintain confidentiality regarding the proceedings, and the hearing shall be closed to the public. Questions about the disclosure of information should be directed to the Office of General Counsel.
3.8 The Chair shall oversee all aspects of the hearing and shall exercise control over the proceedings in order to avoid the presentation of repetitive and irrelevant information and to achieve orderly completion of the hearing. The Chair may exclude any person who disrupts the hearing.
3.9 The student may make an opening statement and may then present their Documentary Evidence and testimony. At the close of the student’s presentation, the Department’s representative(s) may make an opening statement and may present their Documentary Evidence and testimony. Panel members may ask questions or request additional information at any time during the hearing. Once the parties have completed their presentations and there are no additional questions from the Panel, the parties may make their closing statements. The student shall make the first closing statement, and the Department Representative shall make the final closing statement. The Chair may place time limitations on opening/closing statements.
3.10 Once the presentation phase of the hearing has concluded, everyone but the Panel members and the legal advisor to the Panel shall be excused from the hearing in order for the Panel to convene in closed session to deliberate and reach a decision on the appeal. The Panel’s decision must be based on the Written Submissions and the Documentary Evidence and testimony presented at the hearing. The Panel shall determine whether the Department’s decision to reduce, cancel, or not renew the student’s athletically-related financial aid comports with NCAA Bylaws and the conditions set forth in the student’s University Athletics Financial Aid Agreement. The Panel’s legal advisor will observe deliberations and may answer questions from or otherwise advise the Panel as to applicable University policies, regulations and rules, the NCAA Bylaws, or relevant law.
3.11 Once the Panel has reached a decision, and no later than ten (10) calendar days from the date the hearing concluded, the Chair shall communicate the decision of the Panel in writing to the Director.
3.12 The Director shall notify the parties in writing of the Panel’s decision. The Panel’s decision about whether the decision to reduce, cancel, or not renew the student’s athletically-related financial aid comports with NCAA Bylaws and the student’s University Athletics Financial Aid Agreement shall be final, and no further appeal is permitted.