Student Affairs
Student Affairs
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Initiation of Disciplinary Proceedings

The University of North Carolina at Pembroke is an educational institution. At educational institutions, judicial proceedings do not follow the same procedure used in courtrooms. The University does not employ lawyers to “prosecute” students, nor does it permit lawyers to represent students at university judicial hearings. The University shall have the burden of proof of guilt by a preponderance of evidence. Burden of proof of guilt by a preponderance of evidence shall be interpreted as a person being held responsible based upon evidence (that evidence which is more likely than not) presented form which any reasonable person would conclude that a violation of the Code of Conduct had occurred. The purpose of the student discipline process is to maintain a healthy community where shared values, expectations, and behavioral standards set by the campus community are enforced. Students share in the responsibility for maintaining an environment in which the rights of each member of the university community are respected. The goal of the university discipline process is to provide all students with a fair and just system of adjudication.

Under the direction of the Chancellor, the Vice Chancellor for Student Affairs has primary responsibility and authority for the administration of student discipline. Further delegation of this authority may be made by the Vice Chancellor for Student Affairs to the Director of Student Conduct and/or other disciplinary bodies such as the Campus Judicial Board (CJB) and the Committee on Extraordinary Disciplinary Emergencies.

3.1 Filing Complaints

3.1.1 Any academic or administrative official, faculty or staff member, or student may file a written complaint with the office of the Director of
Student Conduct against any student for misconduct.
3.1.2 While action on a complaint of violating a university regulation is pending, the status of the student shall not be altered, except for reasons outlined in Volume III, Section 5.4 (Summary Suspension).

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

3.3 Preliminary Investigation
When the Director of Student Conduct receives information that a student has allegedly violated university regulations or local, state, or federal law, the Director of Student Conduct or designee shall investigate the alleged violation. After completing a preliminary investigation, the Director of Student Conduct or designee may:

3.3.1 Find no basis for the complaint and dismiss the allegation as un founded, or
3.3.2 Summon the student for a pre-hearing and then either dismiss the allegation, or provide student with choice of administrative or CJB hearing
3.3.3 Proceed administratively by informing the student of the following options for resolution of the disciplinary charges:
3.3.3.1 Plead not responsible to the charge(s) and request an administrative hearing before the Director of Student Conduct or designee where determination of responsibility will be made. The Director of Student Conduct or designee may elect not to hear the case. The case would then be heard by the Campus Judicial Board (CJB). If the student is held responsible by the administrative hearing officer, an appropriate sanction will be determined.
3.3.3.2 Plead not responsible to the charge(s) and have a hearing before the CJB where a determination of responsibility will be made. If the student is held responsible by the CJB, an appropriate sanction will be determined.
3.3.3.3 Plead responsible to the charge(s) and request an administrative hearing before the Director of Student Conduct or designee to determine an appropriate sanction. The Director of Student Conduct or designee may elect not to hear the case. The case would then be heard by the CJB.

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

NOTE: All charges for alleged Code of Conduct violations occurring one week prior to exams and going through exam week and during summer sessions will be heard by the administrative hearing officer or designee. Appeals will be directed solely to the Vice Chancellor for Student Affairs or designee via the Director of Student Conduct or designee.

3.3.4 A student choosing a hearing before an administrative hearing officer or the CJB has a right of appeal to the Campus Appeal Board and then to the Vice Chancellor for Student Affairs. If a student chooses a hearing before the CJB and is cited for an additional violation in the interim, a student then forfeits the right to a board hearing, and an administrative hearing will be conducted on all charges.

3.3.5 If a student requests an administrative hearing before the Director of Student Conduct or designee, at this point the student may waive all or part of the written notice requirements that follow. The student may also waive the number of days specified from the original date of the charge(s) and proceed with the hearing. All waivers shall be executed by a signed writing. If the student chooses an administrative hearing, the Director of Student Conduct or designee shall provide him/her:

3.3.5.1 A written notice of the charge(s) and an outline of rights. In the event that additional charges are brought, a further written notice must be forwarded to the student via certified mail.

3.3.5.2 Review of all available information, documents, exhibits, and a list of witnesses that may testify against him/her. This is a continuing obligation of the complaining party and the Director of Student Conduct or designee.

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

3.3.5.4 A written notice of the date, time, and place of the hearing forwarded to the accused at least five (5) class days prior to the hearing. Unless the student waives all or part of the notice, the formal hearing will not be held less than five (5) class days from the date of the original charge letter.

3.3.5.5 A prehearing interview with the Director of Student Conduct or designee where all of these rights, responsibilities, and procedures are explained.

3.4 Summoning a Student for a Pre-hearing
3.4.1 Should a student not appear when requested by the Director of Student Conduct or designee, the Director of Student Conduct or designee may formally summon a student to appear for a conference in connection with an alleged violation.
3.4.2 The letter shall direct the student to appear at a specified time and place not less than three (3) class days later. The letter shall also describe briefly the alleged violation.
3.4.3 If an accused student fails to respond to a charge letter and the required pre-hearing interview, the accused student forfeits the options in Article X, Section 3.3.5 and will be notified by certified letter, sent at least seven (7) class days before a hearing before the Director of Student Conduct or designee, or, at the option of the Director of Student Conduct, the CJB. At this hearing, a decision of responsible or not responsible will be made based on available information, with or without the accused student. If the student fails to attend the hearing, all allegations against the student shall be deemed to be denied.
When appropriate, a sanction will be determined and the student will be notified in writing.

3.5 Disciplinary Correspondence

All disciplinary correspondence will be sent to the student’s campus email account via Maxient (conduct database) and/or via University email from the Director of Student Conduct or designee or to the student’s campus post office box (for on-campus residents) by certified mail, return receipt requested, and to the permanent address of record for commuter students by certified mail, return receipt requested. The University reserves the right to use other reasonable means to notify students.

3.6 Campus Judicial Board
3.6.1 When a student requests a hearing before the CJB or when a case is referred by the Director of Student Conduct or designee, the CJB becomes involved. The CJB is a board of the Chancellor composed of five (5) members. The Director of Student Conduct or designee serves as the advisor to the CJB. The members are:
3.6.1.1 Two (2) students recommended by the President of the Student Body and appointed by the Chancellor,
3.6.1.2 Two (2) alternate students recommended by the President of the Student Body and appointed by the Chancellor,
3.6.1.3 Two (2) faculty members recommended by the Faculty Senate Chairperson and appointed by the Chancellor,
3.6.1.4 Two (2) alternate faculty members recommended by the Faculty Senate Chair-person and appointed by the Chancellor,
3.6.1.5 One (1) administrative member recommended by the Vice Chancellor for Student Affairs and appointed by the Chancellor.

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

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

3.6.4 SELECTION
3.6.4.1 The students recommended by the President of the Student Government Association for appointment to the CJB are selected through a campus-wide application process
3.6.4.2 CJB members will be appointed by May 1 each year. Appointments are for one (1) year.
3.6.4.3 Vacancies occurring during the course of the year will be filled by the Chancellor.
3.6.4.4 Members of the CJB become active members only after they have been trained by the Office of the Director of Student Conduct.

3.6.5 Jurisdiction of Campus Judicial Board
3.6.5.1 The CJB may have, at the request of the student, original jurisdiction in disciplinary cases.
3.6.5.2 The CJB may have, upon referral by the Director of Student Conduct or designee, original jurisdiction in disciplinary cases

3.7 Procedural Standards for Campus Judicial Board Cases
3.7.1 All matters upon which the decision may be based must be introduced
into evidence at the hearing before the CJB. The decision shall be based
solely upon such matters and must be supported by the evidence. Any
student charged with an infraction shall be presumed not responsible until
proven responsible by a preponderance of the evidence.
3.7.2 All evidence will be admitted except that which is irrelevant or repetitious or which is obtained in violation of search and entry provisions. The CJB will be the sole judge of admissibility of evidence.

3.7.3 CJB records are maintained in the Office of the Vice Chancellor for Student Affairs and are confidential and may be released only with the consent of the accused student.

3.7.4 No member of the hearing body who has a personal interest in the particular case may sit in judgment during the proceedings. In such cases in which a member cannot serve due to a conflict of interest, an alternate member will serve for the duration of the hearing.

3.8 Hearings before Campus Judicial Board
3.8.1 Prior to a hearing, the accused student is entitled to:
3.8.1.1 A written notice of the charge(s) and an outline of rights. In the event that additional charges are brought, a further written notice must be forwarded to the student.
3.8.1.2 Review of all available information, documents, exhibits and a list of witnesses that may testify against him/her. This is a continuing obligation of the complaining party and the Director of Student Conduct or designee.
3.8.1.3 A written notice of the date, time, and place of the hearing forwarded to the accused at least five (5) class days prior to the hearing, unless the student waives all or part of the notice. The formal hearing will not be held less than five (5) class days from the date of the original charge letter, unless the student charged waives the limit.
3.8.1.4 A prehearing interview with the Director of Student Conduct or designee where all these rights, responsibilities, and procedures are explained.

3.8.2 Duties of the Campus Judicial Board – In those cases in which the accused student disputes the facts upon which the charges are based, such charges shall be heard and determined by the CJB. The CJB will:
3.8.2.1 Rule on the admissibility of evidence, motions, and objections to procedures
3.8.2.2 Set forth finding of facts
3.8.2.3 Render a written decision as to the accused student’s guilt or innocence of the charges
3.8.2.4 Determine the penalty, if any
3.8.2.5 Provide the Vice Chancellor for Student Affairs with a copy of the decision.

3.8.3 Duties of the Director of Student Conduct – The Director of Student Conduct or designee shall:
3.8.3.1 Consult the CJB in setting the date, time, and place of the hearing
3.8.3.2 Notify the student of the date, time, and place of the hearing. The letter shall specify a hearing date not less than five (5) class days after the date of the receipt of the letter. A student may request in writing that an earlier date be set, if feasible. The CJB, for good cause, may postpone the hearing and notify all interested persons of the new hearing date, time, and place.
3.8.3.3 A letter mailed under Part 2 above shall:
3.8.3.3.1 Direct the student charged to appear at a date, time, and place specified.
3.8.3.3.2 Advise the student of his/her rights:
3.8.3.3.2.1 To appear in person, hear all testimony, and present any relevant information in his/her behalf, call witnesses, ask questions of any person present at the hearing
3.8.3.3.2.2 To elect not to appear at the hearing. The hearing then shall be conducted in the student’s absence
3.8.3.3.2.3 To refuse to answer any questions or make a statement – however, the hearing authority then shall make its decisions solely on the basis of information introduced at the hearing
3.8.3.3.2.4 To know the identity of witnesses who will testify against him/her
3.8.3.3.2.5 To question each witness who will testify against him/her for the purpose of clarification
3.8.3.3.2.6 To have all statements, information, or comments given during the hearing held in strictest confidence by members of the board before, during, and after deliberation. Only those faculty and staff with an educational need to know will be informed of the outcome. The Chairperson will exercise control over the hearing to avoid needless consumption of time, to avoid repetition of information, and to prevent the harassment or intimidation of participants.
3.8.3.3.2.7 To have hearings conducted in an informal manner where technical rules of evidence will not be applied. The taking of statements of witnesses may be done by discussion, though each witness shall be subject to cross-examination. Witnesses (except for the accused) shall be present during the hearing only during the time they are testifying. While written statements are admissible, no one shall be found responsible who has not had the opportunity to testify, to present evidence and witnesses, and to hear and question adverse witnesses.
3.8.3.3.2.8 To have a summary of the hearing record
3.8.3.3.2.9 To appeal
3.8.3.3.3 Contain the name of the person appointed to act as Chairperson of the CJB
3.8.3.3.4 Contain the names of witnesses who will testify against the student and a description of evidence and charges that will be offered against him/her.
3.8.3.3.5 Contain a copy of the complaint
3.8.3.3.6 Notify the charged student that the Director of Student
Conduct or designee may question a student testifying in the
defendant’s behalf or question the defendant if he/she testifies
in his/her own behalf.

3.8.4 If a student fails, without good cause, to comply with the letter sent under this section, the CJB may proceed with the hearing in the student’s
absence.
3.8.5 Hearing Procedure – The CJB shall proceed generally as follows during the hearing:
3.8.5.1 Judicial hearings shall be closed to the public
3.8.5.2 The Chairperson of the CJB reads a complaint and informs the
student charged of his/her rights, and asks the student whether
he/she pleads responsible or not responsible to the charge(s) before the CJB
3.8.5.3 The Director of Student Conduct or designee
presents the university’s case
3.8.5.4 The student presents his/her defense
3.8.5.5 The Director of Student Conduct or designee and the
student defendant present rebuttal evidence and arguments
3.8.5.6 The CJB deliberates and decides the issue of responsibility or non responsibility
3.8.5.7 If the CJB finds the charged student responsible, the Director of
Student Conduct or designee and student charged may present
evidence and arguments on an appropriate penalty
3.8.5.8 The CJB deliberates and determines an appropriate penalty
3.8.5.9 The CJB renders a written decision as to the accused
Student’s responsibility or non-responsibility of charges. The
decision states the penalty, if any, and procedures for appeal.
The accused student, Vice Chancellor for Student Affairs,
Associate Vice Chancellor for Student Affairs, and Director of
Student Conduct shall each be given a copy of the decision.
3.8.6 Hearing Record – The hearing record is confidential and consists of:
3.8.6.1 A copy of the notice forwarded to the student
3.8.6.2 A written summary of the hearing together with other material
considered by the CJB The decision(s) of the CJB