Carolina Housing: Community Living Standards

Unit Standard

Title

Carolina Housing: Community Living Standards

Introduction

Purpose

Scope

I. Introduction

Carolina Housing works to provide convenient housing that is secure, inclusive and supportive. Students create a home in our on-campus communities, build life-long friendships, and develop skills for their current and future successes as they journey through their Carolina experience. To uphold this mission, we have established a set of Community Living Standards. These policies are designed to create a safe and welcoming environment conducive to academic success.

The Community Living Standards complement, but do not supersede, the University of North Carolina at Chapel Hill's Student Code of Conduct, other University and Administrative Policies, and other Local, State, and Federal laws.

Furthermore, each student has the following rights and responsibilities while living on campus.

You have the right:

• To rest and study in your residence hall room.
• To access one's living space during all times the building is open.
• To be informed of community events or planned disruptions.
• To have well-maintained facilities.
• To privacy.
• To be informed of the rules that apply to your conduct.
• To due process in the event that you are involved in an alleged conduct violation.
• To expect other residents to conduct themselves in accordance with the community living standards.
• To redress grievances.

You have the responsibility:

• To conduct yourself in accordance with the Community Living Standards and other applicable policies in the Student Code of Conduct, other University Policies, and local, state, and federal laws
• To inform yourself of the rules that apply to your conduct.
• To respond in a timely fashion to correspondence from a University Official concerning your conduct.
• To confront others whose conduct violates your rights.

II. Policy Statement

The Community Living Standards (CLS) align with and expand upon the University of North Carolina at Chapel Hill's Student Code of Conduct. While many expectations mirror University-wide policies, the CLS include additional guidelines specific to the residential experience and reflect the unique responsibilities of living on campus.

The CLS apply specifically to residential students and anyone visiting the residence halls. This is distinct from the Student Code of Conduct, which applies to all UNC Chapel Hill students, regardless of where they live.

This document highlights the connection between and references both the Community Living Standards and Student Code of Conduct.

III. Individual Standards

A. Alcohol-Related Violations

University Policy – Student Code of Conduct

1. Purchasing, possessing, or consuming alcoholic beverages by an individual under 21 years of age
2. Possessing or consuming open containers of Alcoholic Beverages regardless of age outside of designated premises
3. Engaging in alcohol-related misconduct that would create a threat to self or others, including, but not limited to public intoxication; disorderly or disruptive conduct; intentionally not seeking help when a peer needs medical assistance after consuming alcohol or other drugs, other behaviors impacting the health and safety of the community, including, but not limited to, vandalism, destruction, resisting arrest, fighting.
4. Distributing, selling, or manufacturing alcoholic beverages except as expressly authorized pursuant to the University Alcohol Policy and/or state statutes.
5. Aiding or assisting another in committing a violation of local, state, or federal laws regulating the use of Alcoholic Beverages.
6. Possessing or consuming from a Common Source Container on University Premises, except as otherwise provided in the Guidelines for Serving Alcohol at University-Sponsored Events or on University Premises.
7. Sponsoring, controlling, furnishing, or providing Common Source Alcoholic Beverages off-campus related to University events (Student Organizations, etc.).
8. Purchasing alcoholic beverages with state-appropriated or federal funds, student activity fees, University-collected fees, dues, funds deposited or administered through Carolina Union Student Organizations (CUSO) or with any other recognized Student Organization funding, including individual purchases for members or guests.
9. Hosting an event involving sale of or profit from Alcoholic Beverages, unless otherwise approved by University policy and/or laws, including collection of a cover charge that defrays cost of Alcoholic Beverages or donations for reduced drink tickets.
10. Advertising Alcoholic Beverages on University premises except in accordance with applicable University policies.

Refer to the Student Code of Conduct for complete details on the University's alcohol-related policies, including the University Alcohol Policy.

Housing Policy – Community Living Standards (CLS)

1. Possessing and/or displaying containers originally manufactured to contain alcoholic beverages (e.g. empty liquor, beer, or wine containers) by an individual under 21 years of age.
2. Persons 21 years of age or older may only possess containers or consume alcoholic beverages in the privacy of their residence hall room or in another residence hall room where at least one occupant is 21 years of age and present at the time the alcohol is being consumed.
3. Possession or use of devices intended for rapid alcohol consumption (e.g., beer bongs, beer pong).
4. Being found voluntarily and knowingly in the presence of a violation of University and/or Community Living Standards alcohol-related standards.

B. Drug Violations

University Policy – Student Code of Conduct

1. Manufacturing, selling, delivering, or possessing with the intent to manufacture, sell, or deliver a controlled substance as defined by state or federal law or applicable policies of the UNC-Chapel Hill Board of Trustees or UNC Board of Governors
2. Possessing or using a controlled substance as defined by state or federal law or applicable policies of the UNC-Chapel Hill Board of Trustees or UNC Board of Governors
3. Unlawfully obtaining over-the-counter or prescription medication (e.g., presenting a false prescription) or illegally distributing over-the-counter or prescription medication to another
4. Possessing drug-related paraphernalia (including, but not limited to, pipes, scales, grinders, bowls, bongs, etc.).

Refer to the Student Code of Conduct and the Illegal Drugs Policy for complete details on the University's drug-related policies.

Housing Policy – Community Living Standards (CLS)

5. Being found voluntarily and knowingly present in the presence of a violation of University drug-related standards as outlined above.

C. Inflicting Physical Harm

University Policy – Student Code of Conduct

1. Inflicting physical injury or harm on another; or
2. Engaging in conduct that unreasonably endangers another by creating a substantial risk of physical injury or harm.

D. Threatening Conduct

University Policy – Student Code of Conduct

1. Engaging in conduct that intentionally or recklessly places another in fear of, or at risk of, physical injury or harm
2. Communicating a threat, by whatever means, to another person and/or engaging in conduct that creates a reasonable apprehension of physical or emotional harm;

Refer to the Student Code of Conduct for complete details on the University's policies on Threatening Conduct.

E. Dangerous or Disorderly Conduct

University Policy – Student Code of Conduct

1. Engaging in recklessly dangerous, disorderly, or obscene conduct affecting the safety and welfare of members of the University community, University property, or other University interests.

Refer to the Student Code of Conduct for complete details on the University's policies on Dangerous or Disorderly Conduct.

F. Attempt to Commit

Housing Policy – Community Living Standards (CLS)

1. Attempting to commit acts prohibited by the Community Living Standards, University Policies, and other Local, State or Federal Laws.

G. Recording

Housing Policy – Community Living Standards (CLS)

1. Recording or distributing another person's image or voice without permission when that person had a reasonable expectation of privacy.

H. Weapons and Explosives

University Policy – Student Code of Conduct

1. Possessing, carrying, using, discharging, brandishing, or displaying any Weapon, dangerous substance, or explosive device, whether openly or concealed, on University Premises, except as may be authorized by law or University policy.

See N.C. General Statute § 14-269.2 – Weapons on Campus or Other Educational Property for complete details on weapons on campus or other educational property.

Housing Policy – Community Living Standards (CLS)

2. Possessing or carrying any item resembling a weapon, whether the item(s) is concealed or visible

I. Damaging, Stealing, or Misusing Property 

University Policy – Student Code of Conduct

1. Destroying, damaging, vandalizing, or defacing property belonging to the University or another person or entity
2. Stealing or misusing property belonging to the University or another person or entity
3. Possessing, duplicating, or using keys, key cards, or other forms of access to University Premises without authorization

Refer to the Student Code of Conduct for complete details on the University's policies on Damaging, Stealing, or Misusing Property.

Housing Policy – Community Living Standards (CLS)

4. Failure to report damage to a residence hall immediately to your Resident Advisor, the service desk, Community Director, and/or other Carolina Housing staff member

J. Unauthorized Access

University Policy – Student Code of Conduct

1. Accessing without permission or authorization any living space, residence hall, office, classroom, clinic, laboratory, or other facility on University Premises or the premises of another person or entity

Refer to the Student Code of Conduct for complete details on the University's policies on Unauthorized Access.

Housing Policy – Community Living Standards (CLS)

2. Attempting to access and/or accessing any restricted access areas of residence halls. These areas include, but are not limited to, staff rooms, mechanical rooms, telecommunication rooms, roofs, closed and/or offline buildings, housekeeping closets, and storage areas.
3. Following a student into a residence hall that is not your own (i.e., “tailgating”)
4. Propping open exterior doors

K. Misrepresentation

University Policy – Student Code of Conduct

1. Misrepresenting oneself as another or otherwise adversely interfering with another's academic standing or credits, privacy, or personal information;
2. Producing, possessing, or using any form of identification that is not one's own or is altered or fake; or
3. Deliberately furnishing false or misleading information to University personnel or other officials acting in the exercise of their official duties or in connection with University-Sponsored Activities.

Refer to the Student Code of Conduct for complete details on the University's policies on Misrepresentation.

L. Failure to Comply

University Policy – Student Code of Conduct

1. Failing to identify oneself and/or failing to provide University-issued identification to a University official in the exercise of their official duties
2. Failing to comply with the directions of University employees, including University Police, in the exercise of their official duties
3. Violating the terms of any disciplinary sanction or interim measure imposed by the University

M. Gambling

Housing Policy – Community Living Standards (CLS)

1. Gambling, sponsoring raffles and selling raffle tickets in the residence halls

N. Business Enterprises

Housing Policy – Community Living Standards (CLS)

1. Conducting personal business enterprises in or from residential facilities, including internet-related business operations

IV. Community Standards

A. Quiet Hours/Noise

Housing Policy – Community Living Standards (CLS)

1. Failure to comply with a reasonable request of a community/staff member to lower the noise level during Courtesy Hours (in effect 24 hours per day).
   1. During courtesy hours, all noise must be kept to a level which is respectful to other residents in the building.
2. Failure to comply with Quiet Hours (every day between 10pm – 8am).
   1. During this time, noise must be kept at levels that will not interfere with the study or sleep of other students. Quiet Hours are extended to 24 hours during final exams.

B. Smoking & E-Cigarettes/Vapor Products 

Housing Policy – Community Living Standards (CLS)

1. Smoking in residence halls and within 100 feet of all University facilities, including the use of electronic cigarettes, also known as vapor products.

For more information, please see the UNC No Smoking Policy.

C. Visitation & Guests

Housing Policy – Community Living Standards (CLS)

The Visitation and Guests Policy is a shared responsibility between the students of a community and community staff. Students are encouraged to notify their Resident Advisor or Community Director of potential violations of this policy in a timely manner.

All buildings have open room visitation with roommate consent. The following actions and behaviors are prohibited:

1. Unescorted guests in the residential facilities. Guests must call their resident host from outside the building in order to gain entry.
2. Failure to receive approval from roommate/suitemates to have guest(s). A resident's rights to privacy, sleep, and study take precedence over the rights of a host to have a guest.
3. Guest(s) staying more than three (3) nights in a given week, six (6) nights in a given month and more than two (2) weekends in a given month.
4. Habitation of a room by anyone other than residents assigned to that room.
5. Guests staying or sleeping in spaces other than their host's room.
6. Non-compliance with the occupancy policy:
   1. Gatherings with more than three (3) times the designated occupancy in a residence hall room.
   2. Gatherings with more than four (4) times the designated occupancy in an apartment.
7. Failure to monitor guests' behavior in order to assure adherence to the Community Living Standards.

D. Pets

Housing Policy – Community Living Standards (CLS)

1. Pets in the residence halls, including any pet belonging to the assigned occupant(s), visitors, guests, etc.

The Pets policy encompasses the harboring of feral, stray, and/or wild animals. Students are permitted to keep fish in their room provided the following conditions are met: (a) the fish tank is freshwater and it does not exceed 12 U.S. gallons; (b) all students in the room agree to have a fish tank; and (c) all appropriate precautions are taken to ensure that the electrical connection to the fish tank is safe.

For information regarding the use of Service or Emotional Support Animals, please contact the University Compliance Office Accommodations Team.

E. Recreational Activities

Housing Policy – Community Living Standards (CLS)

1. Any activity that includes throwing an object or running in the residence halls.
2. Riding a bike, skateboarding, floor hockey, rollerblading, and use of all outdoor equipment including but not limited to balls, Frisbees, golf clubs, bats, squirt guns, and lacrosse sticks inside of residence halls.
3. Pranking that causes harm or the potential for harm.

F. Motorized Vehicles & Bicycles

Housing Policy – Community Living Standards (CLS)

1. Operating, charging or storing motorized vehicles (including but not limited to motorcycles, mopeds, motorbikes, self-balancing scooter boards (Hoverboards), two-wheeled scooters, Segways, and University-rented motorized scooters, carts, etc.) inside of the residence hall.
2. Parking motorcycles, mopeds, motorbikes in any spaces other than designated parking areas is prohibited, including but not limited to inside of a residence hall, walkways, access ramps, bike racks, or under the framework of a residence hall.
3. Failure to store bicycles in the designated rack areas provided or in student rooms.

G. Solicitation & Posting

Housing Policy – Community Living Standards (CLS)

1. Canvassing, selling, soliciting, or promoting the sale of goods or services without prior written approval from the Director of Carolina Housing or designee.
2. Posting materials in common areas or hallways without prior written approval from the Director of Carolina Housing or designee.
3. Engaging in conduct prohibited by the University's policy on Facilities Use Standards.

V. Facilities Standards

A. Creating a Safety Hazard

University Policy – Student Code of Conduct

1. Misusing, removing, tampering with, or otherwise making less effective, any safety equipment (including, but not limited to, fire extinguishers, fire alarms, smoke detectors, emergency defibrillators, and emergency call boxes) intended for use in protecting the safety of members of the University community, on University Premises, on the premises of a Student Organization, or in connection with University-Sponsored Activities
2. Starting a fire (except as may be authorized) on University Premises or on the premises of a Student Organization
3. Throwing or launching any object or substance in any manner that unreasonably endangers another or has the potential to damage or deface property
4. Engaging in conduct that could or does place the health or safety of another at serious risk of injury or harm.

Housing Policy – Community Living Standards (CLS)

1. Burning a candle or having any other open flame
2. Activating a fire alarm without due cause or falsely reporting a fire emergency to University or emergency response officials
3. Failure to evacuate the building completely and immediately in the event of an alarm. Students must remain outside until instructed by fire department officials or University staff that they may re-enter.
4. Obstructing traffic or blocking balconies, hallways, and stairwells.
5. Splicing into or altering the electrical wiring in a residence hall.
6. Failure to take precautionary steps while cooking, including turning on vents, opening windows, and closely monitoring cooking food.

B. Housekeeping

Housing Policy – Community Living Standards (CLS)

7. Failure to maintain the cleanliness of one's room and common areas.
8. Leaving personal trash in any public or shared areas (e.g., bathrooms and hallways) and/or spaces that would block the path of egress in case of an emergency.
9. Failure to remove trash and/or recycling to designated dumpsters outside of residential buildings on a regular basis.
10. Conduct which creates or contributes to unsanitary conditions in the residential communities.
11. Repeated and/or intentional violations of housekeeping standards

C. Building Structures

Housing Policy – Community Living Standards (CLS)

1. Tampering with or removing any window screens, latches, stops, or apparatus in either student rooms or public areas.
2. Breaking the plane of a window, breezeway, or balcony by a person or object. Examples of “breaking the plane” include but are not limited to hanging items from a window or balcony, putting body parts out of a window, or sitting on a balcony with feet dangling off the ledge.
3. Throwing, dropping, propelling, pouring or hanging of anything from windows, balconies, ledges, rooftops, and landings.
4. Climbing or repelling off any housing property.

D. Prohibited Decorations

Housing Policy – Community Living Standards (CLS)

1. Items placed within two feet of a fire protection system component (i.e., manual pull station, smoke detector, bell/horn/strobe, sprinkler, fire extinguisher, exit sign, emergency lighting, and fire exit) or attached to or hung from any windows in the room or apartment.
2. Any room and exterior room door decorations and wall hangings hung with damaging materials or non-removable hangers and/or covering more than one third of the total wall space.
3. Decorations posted in residence hall rooms, outside of room doors, hallways, common areas, or on the adjoining property outside of residence halls that would constitute a violation of other UNC-Chapel Hill's University policies, including Prohibited Discrimination, Harassment and Related Misconduct.

E. Prohibited Items

Housing Policy – Community Living Standards (CLS)

1. Storing item(s) that may pose a fire hazard in a residence hall room. Such items include but are not limited to any open flame source (e.g., candles), incense, live cut trees (e.g., Christmas trees), or flammable liquids.
2. Failure to comply with the Approved/Not Approved Items List as defined by the Housing website (e.g., LED strip lights, other string lights, motorized vehicles, etc.)

F. Room/Common Area Alterations

Housing Policy – Community Living Standards (CLS)

1. Adhesive tape, staples, adhesive holders, brackets, tacks, and nails are not to be used on the walls, woodwork, floors, or ceilings.
2. Furniture is not to be removed for use in spaces other than its original location.
3. Painting any interior or exterior area of any residence hall space.

Students are responsible for returning their room, suite, or apartment furniture to the designated positions at the end of the year as set forth by the community office. Damages that result from making room or common area alterations will be billed to the appropriate students.

G. Keys/Locks

Housing Policy – Community Living Standards (CLS)

1. Unauthorized use, possession, or duplication of residence hall keys and/or Flex Passes.
2. Unauthorized switching of keys and/or Flex Passes for the purpose of a room change.
3. Leaving brass keys in lock cores.
4. Tampering with locks.
5. Additional locks added to doors or other University property or equipment.
6. Excessive key and/or Flex Pass check outs or let-ins.

APPENDIX

MISSION, ADJUDICATION, AND RESPONSE

I. HOUSING CONDUCT PHILOSOPHY

Violations of the Community Living Standards are adjudicated through the Carolina Housing conduct process (“The Housing Conduct Process”). The Housing Conduct Process strives to be a fair and judicious conduct process grounded in education, ethical decision making, and accountability.

After participating in the Housing Conduct Process, students will be able to:

1. Articulate their rights as they pertain to the Housing Conduct Process
2. Discuss how their personal values and principles impact decision-making
3. Recognize the effect of their behavior on others in the residential community

Administrators of the Housing Conduct Process aim to achieve the following goals:

1. Foster a residential culture that encourages healthy choices and behaviors
2. Encourage ethical development and personal accountability
3. Develop educational interventions that foster individual insight and growth
4. Increase the awareness of the Community Living Standards

Due to the significant overlap of the Community Living Standards and the Student Code of Conduct, many elements of the Housing Conduct process align with the procedures for adjudicating violations of the Student Code of Conduct outlined in the Student Conduct Procedures.

II. GENERAL DISCIPLINARY PROCEDURES

A. AUTHORITY

Pursuant to Section IV of the University of North Carolina at Chapel Hill Carolina Housing Contract: All students and their guests are expected to be familiar with and abide by the Community Living Standards as published on the Carolina Housing website. These Standards are incorporated by reference into this Contract and constitute a legally binding contractual agreement between the student and the University. Students and their guests must adhere to the Community Living Standards within all University owned and/or operated residential facilities including Granville Towers, Baity Hill, and other adjacent areas that serve the residential facilities. Adjacent areas are at the discretion of Carolina Housing staff. Violations of the Community Living Standards will be adjudicated through the Housing Conduct Process. Violations which compromise the safety and security of students may result in contract termination and other appropriate disciplinary action.

Community Directors, other Housing Officials, and members of the Office of Student Conduct as designated by the Vice Chancellor for Student Affairs shall serve as Hearing Officers in the adjudication of violations of the Community Living Standards. For the purposes of this Appendix, “Carolina Housing” will include all designated officials given authority to adjudicate the Community Living Standards.

Other University Policies and procedures may supplement the Community Living Standards and procedures, including but not limited to the Student Code of Conduct and the Policy on Prohibited Discrimination, Harassment and Related Misconduct, where students would be afforded applicable procedural rights via those processes. Pursuant to the Student Code of Conduct, University administrators and other officials shall include Community Directors and other designated Housing Officials by the Vice Chancellor of Student Affairs, all of whom shall serve as Hearing Officers in the adjudication of the Student Code of Conduct, with all of the rights and authority that entails.

B. REPORTING AND REFERRALS

1. Initial Report

Individuals submitting initial reports that address violations of the Community Living Standards will be referred to as Reporting Parties. Concerns regarding alleged violations of the Community Living Standards or the Student Code of Conduct should be directed to Carolina Housing student and/or professional staff. Carolina Housing reserves the right to initiate conduct proceedings based on a formal report if there appears to be reliable information suggesting that a violation may have occurred.

Carolina Housing will not proceed with conduct action based solely on hearsay. Hearsay refers to information that a reporting party did not witness directly but was told to them by someone else and that cannot be independently verified. Conduct decisions will be based on direct observations, credible documentation, or other verifiable sources of information. While anonymous reports may be submitted, they cannot be the sole basis for conduct action. Information obtained through public sources, such as police reports, may also be considered in the Housing Conduct Process. Students reported for potential violations under this process will be referred to as Respondents.

2. Notice, Review, and Investigation

Carolina Housing will investigate and review reports of potential misconduct. After receiving an initial report, Carolina Housing will provide written notice to the Respondent indicating that a report has been received. During this preliminary investigation, Carolina Housing may collect and review documents, interview witnesses, or undertake such further steps as may be appropriate in assessing the initial report. Carolina Housing may request to meet with Reporting Parties, Respondent, and/or other involved parties as part of its preliminary investigation but is not required to do so. The Respondent may request a meeting with Carolina Housing about the initial report and may submit any relevant information relating to it. As part of its assessment of the initial report, Carolina Housing may determine that some or all of the alleged misconduct should be referred to another University department for review under applicable policies. In addition, Carolina Housing may share any relevant information with appropriate University personnel to assess if interim action is warranted.

3. Initiation of Charges

Following the preliminary investigation, Carolina Housing will determine whether there exists a reasonable basis to initiate a formal charge alleged that the Respondent engaged in misconduct and referring the Respondent for further action as set forth in the Community Living Standards and/or Code of Conduct. Under ordinary circumstances, a determination of whether or not to initiate a charge shall be made within thirty (30) calendar days of receipt of the initial report. This period may be extended for good cause.

4. Notice of Charges

Carolina Housing will promptly notify the Respondent in writing of the decision to initiate formal charges or that no charge will be issued. A notice of charges shall include the specific charge(s), a brief summary of the factual basis for the charge(s), options for responding to the charge(s), possible sanctions, and Respondent's procedural rights. This notice shall also include a statement that additional charges may be added if further evidence becomes available.

In all instances in which the charge offense could result in Housing Contract Termination, the notice shall include this possibility and must specify that Housing Contract Termination precludes the Respondent's ability to rejoin any residential community, including Carolina Housing buildings and Granville Towers properties. This decision will be based on a reasonable basis standard.

5. Non-Disciplinary Action

In lieu of a formal charge, Carolina Housing may, in its sole discretion, take other non-disciplinary action as outlined in Section IV of this Appendix.

C. RIGHTS AND RESPONSIBILITIES

1. Procedural Rights

A student accused of violating the Community Living Standards (e.g., Respondent) is afforded procedural rights in the Housing Conduct Process. A Respondent has the right:

1. To receive a written notice of the charge(s)
2. To be informed of the applicable resolution types, procedural alternatives, and potential sanctions applicable to their case
3. To review, prior to any meeting or conference, the written evidence supporting the charges against them
4. To be presumed not responsible until evidence of their involvement in the violation is proven by a preponderance of the evidence standard (i.e., more likely than not)
5. To receive objective and impartial treatment, which includes the right to challenge the participation of a Hearing Officer on the basis of potential bias or conflict of interest; if a Student feels that the Hearing Officer cannot consider the case impartially, they may request that a different Hearing Officer be assigned to their case
6. To refuse to respond to questions that would tend to be self-incriminating
7. To receive timely notice of any conduct proceeding as provided in the Community Living Standards Appendix and to have their meeting and/or conference held within a reasonable period
8. To be assisted by an attorney or non-attorney advocate. Further information can be found on the Student Conduct website.
9. To be informed of the final decision and results of any conduct proceeding
10. To be free from rehearing for the same offense after being found not responsible
11. To appeal the outcomes of this process as provided in the Community Living Standards Appendix

A Respondent may choose to waive any rights or other procedural requirements provided by the Community Living Standards Appendix after receiving an explanation of the consequences of any such waiver. The waiver must be in writing.

2. Responsibilities of Respondents, Reporting Parties, Witnesses, and Other Participants

Participants in the Housing Conduct Process have the following responsibilities:

1. To participate in a manner that is civil and respectful
2. To provide truthful information in all proceedings
3. To attend all meetings or conferences as scheduled and to regularly check University email for official communication
4. For Respondents, to collect and present all relevant information they wish to be considered as part of the conference and/or sanctioning process, including identifying and calling any Witnesses. Respondents may be assisted by an attorney or non-attorney advocate, but the ultimate responsibility for presenting information rests with the Respondent
5. Consider privacy of participants responsibility

D. Accommodations

Participants in the Housing Conduct Process may request reasonable accommodations under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, or other University accommodation policies through the University Compliance Office. Requests for accommodations must be made timely and cannot be used for the purpose of delaying a proceeding.

E. Prohibition of Retaliation

University policy prohibits retaliation. Retaliation includes taking adverse action against another because they have submitted a report or are participating in a student conduct proceeding. Students concerned about retaliation involving reporting alleged misconduct or participating in an investigation or disciplinary proceeding should report to Carolina Housing.

F. Participants in the Student Conduct Process 

1. Witness

A Witness is a person who has or may have relevant information related to a conduct proceeding. A Witness may be requested to participate in an investigation or hearing by providing a written statement or providing in-person or virtual testimony. Witnesses are not subject to direct questioning by a Reporting Party, Respondent, or an attorney/non-attorney advocate. However, a party may submit questions through the Hearing Officer.

A Witness may not serve in another role during the same hearing process in which they are already serving as a Witness (e.g., Attorney/Non-Attorney Advocate).

2. Attorney/Non-Attorney Advocate

In accordance with N.C. General Statute § 116-40.11, a Respondent may select one attorney or non-attorney advocate to represent them in relation to any aspect of the Housing Conduct process.

If a Respondent elects to have an attorney or non-attorney advocate, it shall be at their own initiative and expense. An attorney or non-attorney advocate may accompany Respondent to any investigative, administrative, or adjudicative meeting.

Before any participation in proceedings, an outside attorney or non-attorney advocate must submit appropriate informational forms to Carolina Housing at least three calendar days before any meeting or proceeding. In addition, the Respondent must provide Carolina Housing with a completed consent form authorizing the participation of the attorney or non-attorney advocate. An attorney or non-attorney advocate may be required to meet with Carolina Housing before any participation in the proceeding to understand the role, privacy, and appropriate decorum expectations.

Carolina Housing will communicate and correspond directly with the Respondent. It is the Respondent's responsibility to communicate and share information with their attorney or non-attorney advocate. The University will prioritize the availability of the Respondent, Witnesses, and Hearing Officer when determining dates and times for any meeting or proceeding. While the attorney or non-attorney advocate may fully participate in the proceedings to the same extent as the Respondent, an attorney or non-attorney advocate may not delay, disrupt, or otherwise interfere with any conduct meeting or proceeding.

3. Hearing Officer

A Hearing Officer is a staff member in Carolina Housing or other designee of the Director of Student Conduct with responsibility for conducting Administrative Conferences and other resolutions as set forth in this Appendix.

G. Calculating Dates

As used in these Procedures, a business day shall not include University holidays, dates when the University is closed, or weekends. If a calendar day falls on a University holiday, University closed date, or weekend, the applicable deadline will be extended to the next business day.

H. Communication to Parties

All official notifications (e.g., initial letters, charge decisions, notices of outcome) will be transmitted to Respondents through their University-assigned email accounts.

I. Standard of Evidence

The standard of evidence for all disciplinary proceedings in the Carolina Housing Conduct Process shall be “preponderance of the evidence,” meaning that it is more likely than not that Respondent committed the violation(s) for which they are charged. This determination must be based solely on the information available in the case file or presented in the conduct proceeding.

III. CASE RESOLUTION TYPES

A pending charge alleging violations of the Community Living Standards will be resolved through one of three (3) types of proceedings depending on the circumstances of the particular case. The general disciplinary procedures in Section II above are applicable to all categories of potential resolution, except where otherwise provided. The three categories of potential resolution are as follows:

1. Administrative Resolution
2. Large-Scale Housing Resolution
3. Written Warning

A. Administrative Conference

As part of the resolution proceeding, a student will be scheduled for an Administrative Conference, an informational meeting between the Respondent and a Hearing Officer to review the alleged violation(s).

The Respondent shall be sent written notice of the specific charge(s) at least five (5) calendar days before a scheduled Administrative Conference. Respondents who wish to expedite their conference and waive the notice requirement may do so by providing a written request to schedule the conference earlier and confirming waiver of the notice period.

During the Administrative Conference, the Hearing Officer will review the Respondent's rights, available options for resolution of the charge(s), the intimal report, and potential sanctions. The Respondent will have the opportunity to respond to the information presented, ask questions, and present written or documentary evidence, but is not required to do so. The Respondent will indicate their preferred resolution proceeding from the resolution types, as applicable. Respondent may request additional time of up to three (3) business days to make their election and conclude the Administrative Conference. If no election is made, the matter will be referred to an Administrative Resolution.

B. Administrative Solution

An Administrative Resolution is a meeting between the Respondent and a Hearing Officer where the Hearing Officer will make a determination of responsibility for the alleged violation(s). The procedures used in an Administrative Resolution are outlined below:

1. During the Administrative Resolution, the Respondent may (a) accept responsibility, (b) indicate they are not responsible or (c) agree to a Mutual Resolution as proposed by the Hearing Officer.
   1. If the Respondent chooses to accept responsibility for the charge(s), the Hearing Officer will evaluate the relevant sanctioning guidelines set forth in Section V of this Appendix and any relevant sanctioning information provided by the Respondent. The Hearing Officer will determine an appropriate sanction.
   2. If the Respondent indicates they are not responsible for the charge(s), the Hearing Officer will make an initial determination of whether the available information supports a finding of responsibility. If the Hearing Officer determines that Respondent is responsible for the charge(s), the Hearing Officer will then provide the Respondent the opportunity to share information to consider regarding sanctioning. The Hearing Officer will determine an appropriate sanction based on this information and the relevant sanctioning guidelines.
   3. The Respondent may be offered an opportunity to resolve any pending charge(s) by Mutual Resolution as part of the Administrative Resolution. The determination of whether to propose a Mutual Resolution is committed to the discretion of Carolina Housing and is not appealable. If the Respondent wishes to accept a proposed Mutual Resolution, they will complete a signed Mutual Resolution form indicating that they (a) accept responsibility for the charge(s), (b) accept the sanctions as proposed by the Hearing Officer, and (c) waive the right to any appeal.
2. Any determinations of responsibility and applicable sanctions may be shared verbally during the Administrative Conference and shall be provided to the Respondent subsequently in writing in a Notice of Decision. The Notice of Decision shall include a brief summary of the information upon which the decision is based. The Notice of Decision shall be provided to Respondent no later than ten (10) calendar days from the date of the conclusion of the Administrative Conference, unless extraordinary circumstances require a longer period of time. The Notice of Decision shall also include, if applicable, the deadline by which the Respondent must complete the assigned sanction(s) and information on appeal procedures, if applicable.

C. Large-Scale Housing Resolution (LSHR)

When an incident involves five or more residents and violations of the Community Living Standards only, the Large-Scale Housing Resolution (LSHR) procedure may be utilized as outlined below. If an incident involves violations of the Student Code of Conduct in addition to Community Living Standards, the case will be heard using the applicable disciplinary procedures outlined in Section III of the Student Code of Conduct.

This process may be used when a potential violation occurs in a residential space, whether shared (e.g., a suite common room or apartment kitchen) or private (e.g., a bedroom), where multiple students had access or involvement and could reasonably be held accountable due to shared use, collective responsibility, or other circumstances involving a group of five or more students.

If Carolina Housing determines that sufficient information exists to reasonably charge multiple students with a violation of the Community Living Standards, individual resolution proposals may be issued to each involved Student. Proposed sanctions will be determined based on the nature of the violation and each student's conduct history.

For each Student who accepts the proposed resolution, the matter will be resolved without the need for further administrative or hearing procedures. By accepting the proposed resolution, the Student:

1. Accepts responsibility for the alleged violation,
2. Agrees to complete the assigned sanction(s), and
3. Waives the right to an administrative hearing and subsequent appeal related to the incident.

If a Student chooses not to accept the proposed resolution, the matter will be referred to the standard Housing Conduct Process for an Administration Resolution.

This procedure is intended to provide a timely and consistent resolution process for cases involving residential spaces while upholding individual accountability and the standards of the Carolina Housing community.

D. Written Warning

In cases where an incident involves a first-time violation of a Community Living Standards policy without the identification of a violation of an additional Community Living Standard and/or Code of Conduct policy, the case may be resolved via a Written Warning issued to the Respondent in lieu of scheduling an Administrative Conference. This resolution type will primarily be considered for the following policies and circumstances:

For a first-time policy violation of:

1. Quiet Hours/Noise
2. Prohibited Decorations
   1. Only in cases where the item does not violate other University policies (e.g., Student Code of Conduct and the Policy on Prohibited Discrimination, Harassment and Related Misconduct). If the item in question violates other University policies, then appropriate adjudication procedures would be implemented.
3. Prohibited Items
   1. Does not apply to cases involving motorized vehicles or items that present an active safety hazard (e.g., lit candle).

A Respondent whose case is resolved via a Written Warning is assigned, at minimum, a Housing Contract Warning. Additional sanctions may also be applied as outlined in Section V of this Appendix.

A Respondent has the right to appeal a Written Warning if the grounds for appeal as outlined in Section VI of this Appendix are met.

E. General Provisions

Except where otherwise provided, the following provisions apply to each case resolution:

1. Joint Conferences

Charges against two or more Respondents involved in the same incident may be heard in a single Administrative Conference only if each Respondent consents to a joint proceeding in writing. Any applicable sanctioning will be conducted in individual proceedings.

2. Failure to Appear

If the Respondent, without justification, does not appear for or remain at a disciplinary meeting or conference, the proceeding may continue in the Respondent's absence. The Respondent may not designate a representative (attorney, non-attorney advocate, or other person) to attend a proceeding instead of the Respondent, and no representative of the Respondent may participate in a proceeding if the Respondent is not present, unless Carolina Housing grants an exception for extraordinary circumstances (e.g., the Respondent's incapacity or serious illness).

3. Request for Postponement

Any request for postponement of a disciplinary proceeding shall be made promptly, in writing, and giving the reason(s) for the request. Requests will generally be granted only for serious Student illness, personal or family emergency, academic conflict, concurrent criminal proceeding, or other good cause. A request for postponement made before the start of a conduct proceeding will be determined by the Assistant Director for Residential Conduct and Care or designee. A request made at or during an Administrative Conference will be determined by the Hearing Officer.

4. Disciplinary Proceedings Closed

Pursuant to UNC Policy Manual 700.4.1, proceedings under these Carolina Housing conduct process are closed to the public. Admission of any individual to any disciplinary proceeding beyond those expressly identified in these Procedures shall be at the discretion of the Hearing Officer.

IV. NON-DISCIPLINARY ACTION

A. University Medical Amnesty

Application of Medical Amnesty is located within the Student Code of Conduct. Medical Amnesty applies to all students regardless of housing/residential status.

B. Safe Harbor

Application of Safe Harbor is located within the Student Code of Conduct. Safe Harbor applies to all students regardless of housing/residential status.

C. Parental Notification

The University reserves the right to notify the parents/guardians of Students of violations of the Community Living Standards, Code of Conduct, or the Alcohol Policy when permitted by FERPA.

D. Other Non-Disciplinary Intervention

In its discretion, Carolina Housing may utilize non-disciplinary interventions to address alleged misconduct violations through a process designed to address the behavior, provide support and resources, and promote behavioral change. Examples of non-disciplinary interventions include, but are not limited to, educational meetings or assignments, non-clinical counseling, or mediation. Should the Respondent decline to engage in the alternative intervention process, Carolina Housing may refer the case to one of the other conduct processes to address the alleged violation.

V. SANCTIONS

If the Respondent is found responsible for violation(s) of the Community Living Standards, sanctions will be imposed as set forth in this section. In keeping with the educational mission of the University and the mission of Carolina Housing and Carolina Housing conduct philosophy, sanctions are intended to educate Students on personal accountability and responsible decision-making, promote Students' understanding of the impacts of their actions, and hold Students accountable for violations of community standards. Student educational development should therefore play a central role in the selection and imposition of sanctions.

A sanction determination shall consider any mitigating and aggravating factors or other relevant circumstances. Among the factors that may be considered are:

1. Respondent's demonstrated value of learning through the conduct proceeding in order to develop a greater sense of responsibility for one's actions, such as respect for the importance of integrity and existence of plans to correct the violation and/or prevent future violations;
2. Gravity of the violation(s), including, but not limited to, the intent and deliberation involved in committing the violation, implications for other members of the University community, University interests impacted by the violation, and level of disruption to normal University activities and services;
3. The importance of equitable treatment for similar violations;
4. The disciplinary history of the Respondent, including any prior violations of University policy and any relevant recurring patterns of misconduct;
5. Other compelling circumstances, including, but not limited to, extraordinary personal circumstances or the educational goals of the University;
6. Guidance from applicable governing policies and regulations of the UNC Board of Governors, UNC Board of Trustees, or applicable laws; and
7. Respondent's demonstration of honesty and personal accountability.

Any combination of the available sanctions outlined in this Appendix may be imposed, as well as other sanctions deemed appropriate, provided that sanctions do not conflict with any applicable University policy.

With the exception of a Housing Contract Warning, sanctions issued through the Housing Conduct Process may appear on a student's official academic or disciplinary record. Other University offices may request this information if the student submits applications for study abroad, entrance into professional schools, and/or student employment positions. See Section VII of this Appendix for information regarding records maintenance.

A. Contractual Sanctions

Contractual Sanctions are assigned to hold students accountable to their contractual obligations of living in campus housing.

1. Housing Contract Warning

An official written warning that a student has been found in violation of the Community Living Standards. A warning serves as notice to the student that any further violations of the Community Living Standards will be handled more stringently.

2. Housing Contract Probation

A Housing Contract probationary period, typically 6 months or 12 months, during which any additional violations of the Community Living Standards may result in additional sanctioning or contract termination.

3. Deferred Housing Contract Termination from the Residence Halls or Granville Towers

A one-year period of probation during which the student must demonstrate the ability to comply with University and Housing rules, regulations, and all other stipulated requirements. If, during the deferred housing contract termination period, the student is again found responsible for violating the Community Living Standards and/or University policies, the case will be reviewed for immediate housing contract termination.

4. Housing Contract Termination

A student's housing contract is cancelled for being found responsible for violating the Community Living Standards. In cases of Housing Contract Termination, the violation is usually of an egregious nature, or repeated offenses. A student's contract will be cancelled for the remainder of the current academic year, including summer terms. Should a student wish to rejoin the residential community, the student may petition the Senior Director of Carolina Housing to return to on-campus housing.

The student is responsible for prorated rent charges and the cancellation charges for the semester applied to their student account. For a detailed proration schedule, please refer to the Housing Contract. They must vacate their space after 5 business days, allowing for the appeal window.

Housing Contract Termination from Granville Towers: The student is required to pay 100% of the current semester amount of their lease and must be paid to the Business Office. They must vacate their space within 5 business days, to allow for the appeal period to pass.

5. Administrative Reassignment

A required relocation from one community, floor, or room assignment to another.

6. Loss of Privileges

A loss of specified privileges for a designated period of time (definite or indefinite), including but not limited to: restriction of access to specific buildings or residential spaces, break housing permissions, loaner flex and key usage, visitation and/or guest privileges, or equipment check out, restrictions on participation in athletic competitions or practices or other activities or events sponsored by the University or Student Organizations, restrictions on use of University facilities for meetings or other activities, removal from University housing.

7. Housing No Contact Order

The student is prohibited from any form of contact within the residence halls (such as verbal contact, contact via any electronic medium, contact via a third party, etc.) with a specific person or persons.

8. Restitution

A monetary sanction imposed on students when there is a cost associated with their behavior (i.e. if a student vandalizes a wall by spray painting it, the student would be responsible for the cost of repainting the wall.)

B. Educational Sanctions

1. Administrative Follow Up

One or more required follow up meetings with Carolina Housing (either the assigned Hearing Officer or designee) to evaluate the Student's progress and to provide ongoing support.

2. Educational Experience and/or Reflection

A student must complete an educational experience and/or reflection aimed at helping the student learn from the incident and adding value to their experience as a student.

3. Drug or Alcohol Education

A student found to have violated applicable law or University policies involving alcohol or other drugs may be required to participate in a drug education and counseling program and comply with such other conditions and restrictions as may be deemed appropriate. Additional conditions regarding drug or alcohol sanctioning can be found in the Student Conduct Procedures. Examples of drug or alcohol educational sanctions include, but are not limited to, the following:

1. Alcohol 101+: An online education module designed to help students make safe and responsible decisions about alcohol use and consumption.
2. Tar Heel BASICS: Brief Alcohol Screening and Intervention for College Students is a preventive AOD (alcohol and other drugs) misuse screening, education, goal setting and skill building program for college students. It is aimed at students who have had negative experiences or other problems related to AOD use. The program is designed to help students make more informed and intentional decisions about potential future substance use and to reduce their overall risks for AOD related harm. The program's style is casual, relational, non-confrontational and non-judgmental.
3. Alcohol and Other Drug (AOD) Counseling: A confidential, supportive meeting with a licensed clinician for students who are questioning their relationship to alcohol or other substances. This session helps determine whether campus services are a good fit or assists with referrals to off-campus resources.

4. Community Service

A service-learning experience for a designated amount of time, to be specified by the Hearing Officer. The student must provide documentation to the Hearing Officer confirming the completion of the community service experience.

5. Referral

A required follow up with a campus partner or community agency. Referrals are typically made in order to connect Students to resources or to help Students manage issues that led to the violation by connecting them with an individual who specializes in the area of concern.

C. Disciplinary Sanctions

Students may also be subject to additional disciplinary sanctions, including penalties of record, as set forth in the Student Conduct Procedures. Disciplinary Sanctions are assigned to hold students accountable for behavior that is in violation of the Student Code of Conduct.

D. Other Sanctions

Any other appropriate sanction may be assigned to remedy the effects of the misconduct and prevent similar conduct from occurring in the future.

E. Repeat Violations

For second or subsequent violations of the Community Living Standards, a sanction of greater severity than previously imposed will be applied unless the Hearing Officer determines that a more severe sanction would be unjust. The Hearing Officer shall consider the sanctioning principles in Section V, as well as the similarity between the offenses, the gravity of each offense, and how close in time the violations occurred.

F. Minimum or Mandatory Sanctions

Where the University or the UNC System has established minimum or mandatory sanctions for certain offenses, the sanctions imposed under this Appendix and/or the Student Code of Conduct will comply with those standards (e.g., the University's Illegal Drugs Policy).

G. Administrative Sanctions

1. Duration and Effective Date

The duration and effective date of sanctions shall be included in the Notice of Decision. If a timely appeal is submitted as provided in Section VI of these Procedures, no sanction shall take effect until the appeal is withdrawn, or a final decision has been rendered.

2. Removal or Relocation from Campus Housing or Granville Towers

Students who have received sanction(s) to be removed from and/or relocated within on-campus housing and/or Granville Towers will have 48 hours based upon the effective date of the sanction as indicated in the Notice of Decision to vacant their previously assigned space. Extenuating circumstances impacting this timeline must be communicated to the Hearing Officer and Carolina Housing main office, so that any extension request may be reviewed by Carolina Housing personnel. A student will be responsible for any remaining financial obligations to Carolina Housing and/or the University as outlined in the Carolina Housing Contract based upon the effective date of the sanction.

H. Failure to Complete Sanctions

Students are expected to complete all assigned sanctions by the established deadlines. If a student anticipates difficulty meeting a deadline due to extenuating circumstances, it is the student's responsibility to notify the assigned Hearing Officer in a timely manner and request an extension. The Hearing Officer, at their discretion and based on the specific facts and circumstances presented, may approve an extension.

Failure to complete assigned sanctions by the deadline may result in additional action, including but not limited to:

1. Administrative holds placed on the student's Housing account, which may affect the ability to modify, change, or renew an existing housing contract, request a room change, or submit a new housing contract in a future term.
2. Administrative holds placed on the student's University account, which may affect the ability to register for classes, obtain transcripts, graduate, or sign up for campus housing. These holds will be removed upon successful completion of the assigned sanctions or interventions.
3. Referral to the appropriate University authority for potential violation of the Student Code of Conduct due to non-compliance with sanction requirements.

VI. APPEALS

A. Grounds for Appeal

A Respondent who has been found responsible for a violation of the Community Living Standards may appeal, except where Respondent has waived their right of appeal or a particular decision is not appealable as set forth in this Appendix. An appeal of a disciplinary decision shall be based only on one or more of the following grounds:

1. Violation of Due Process

Specified due process violations, including procedural violations or errors in interpretation of University policies, that are so substantial as to deny Respondent due process or a fair hearing. For an appeal based on this ground, Respondent has the burden to demonstrate, by a preponderance of the evidence, that:

1. a violation of due process occurred, and
2. the violation prejudiced the outcome of the original proceeding.

2. Violation of Fundamental Procedural or Substantive Standards

A material deviation from the procedural or substantive standards set forth in policies of the UNC Board of Governors or UNC-Chapel Hill Board of Trustees, requiring that disciplinary decisions be neither arbitrary nor capricious. This requirement will be extended to the decisions made through the Housing conduct process. Substantive standards require that the record of a case contain information that could reasonably support a finding of responsibility and/or the sanction(s) imposed. For an appeal based on this ground, the Respondent has the burden to demonstrate that no reasonable person could have found the Respondent responsible or imposed the particular sanction, based upon the evidence in the record of the original proceeding.

3. New Evidence

Evidence that was not reasonably available at the time of the original proceeding. For an appeal based on this ground, Respondent has the burden to:

1. Detail the nature of the new evidence;
2. Establish why the new evidence was not reasonably available to Respondent at the time of the original proceeding; and
3. Show that the new evidence, more likely than not, would have altered the outcome of the original hearing.

Note: Mere dissatisfaction with a conduct proceeding outcome is not a valid basis for appeal.

B. Appeal Submissions

A written appeal petition must be submitted within five (5) calendar days from the date of delivery of the Notice of Decision. If no appeal petition is submitted within this time, the original decision will be final. Any request to extend the appeal deadline is committed to the discretion of Carolina Housing. The appeal petition shall include the following:

1. The ground or grounds for appeal as set forth in Section VI.A of this Appendix,
2. A detailed statement of the facts supporting the ground(s) for appeal,
3. A summary of the relief requested, and
4. Signature of the Student that is appealing.

The Respondent may be assisted in preparing the written appeal petition by a licensed attorney or non-attorney advocate, but any appeal petition must be signed by the Respondent. The Respondent's signature indicates that they are aware of the contents of the appeal petition and attest to the accuracy of the information contained in it. In appeals based on alleged violations of due process or procedural standards, the Respondent may also submit documentation or written statements relevant to showing that a due process or procedural violation occurred. For appeals based on new evidence, Respondent should include any documentation that would constitute new evidence and/or a detailed summary of the testimony that would be offered by a new Witness.

All appeals are to be submitted via http://tinyurl.com/DHREappeal. All appeals are to be submitted electronically. Receipt of the written appeal will be acknowledged by Carolina Housing in writing.

Once a Respondent submits a request for an appeal, the sanction(s) will not be enforced until after the determination of a final appeal decision. Interim Administrative Actions as outlined in Section VII of this Appendix will continue to be in place pending a final appeal decision outcome.

C. Record of Appeal and Review

A record of appeal will include all materials presented as part of the original disciplinary proceeding, Notice of Decision, appeal petition, and any supporting documentation provided by the Respondent in support of the appeal. The record of appeal may also include correspondence, written statements, or other evidence relevant to any alleged due process or procedural violation or an appeal based on new evidence. Carolina Housing shall be responsible for compiling and delivering the appeal record.

For each appeal, the Assistant Director of Residential Conduct and Care shall designate an Appellate Officer within Carolina Housing to consider and decide the appeal. The Appellate Officer shall not have been involved in considering the case as a Hearing Officer. Carolina Housing will be responsible for providing the record of appeal to the Appellate Officer.

The Appellate Officer will consider the appeal based upon the record of appeal and the criteria set forth in Section VI.A for each ground for appeal. An appeal is not a re-hearing of the original proceeding and is limited to determining whether:

1. there were procedural or substantive errors that prejudiced the outcome of the original proceeding, or
2. is new evidence that would have affected the original outcome.

As part of the appeal review, the Appellate Officer may elect to meet with the Respondent and/or request additional information but is not required to do so. Any additional information requested by the Appellate Officer will be shared with the Respondent who shall be provided with a reasonable time to respond.

D. Appeal Decision

The Appellate Officer will promptly review the appeal record and determine what relief, if any, should be granted. The Appellate Officer shall decide the appeal within ten (10) calendar days of the Appellate Officer's receipt of the appeal. The Appellate Officer may:

1. Deny the appeal and affirm the original finding of responsibility and assigned sanction(s);
2. Dismiss some or all of the charges on the basis that the record of appeal does not reasonably support a finding of responsibility;
3. Assign a lesser sanction on the basis that the record of appeal does not reasonably support the original sanction imposed;
4. Dismiss the case on the basis that there is a due process or procedural error that prejudiced the original outcome, and the error cannot be corrected with a new proceeding;
5. Remand the case for a new disciplinary proceeding because of a due process or procedural error that prejudiced the original outcome, and the error can be corrected in a new proceeding; or
6. Grant such other relief as may be necessary and appropriate to do justice in the individual case.

The decision of the Appellate Officer shall be transmitted to Respondent within ten (10) calendar days of the date the decision is made and contain a brief summary of the basis for the decision. The decision of the Appellate Officer is final and cannot be appealed further

VII. INTERIM ADMINISTRATIVE ACTIONS

A. Purpose

Interim administrative actions may be implemented in response to serious or severe alleged violations of the Community Living Standards. These measures are not sanctions but are precautionary steps taken prior to a conduct proceeding when the continued presence of a Student in the residential community may pose a threat to the health, safety, or welfare of the community or any individual. Interim actions may also be used to prevent contact between involved parties. These actions remain in effect until the resolution of the case through the Housing Conduct Process, including any appeal. Interim actions do not replace a Student's right to a hearing, which shall be provided within a reasonable period of time.

The Executive Director of Carolina Housing or designee may authorize interim measures and, when necessary, may defer procedural due process until the conduct process proceeds. Students are required to comply with all interim actions. Failure to do so may result in additional charges under the Community Living Standards, including but not limited to failure to comply.

B. Carolina Housing Interim Administrative Actions

1. Interim Housing No Contact Order

The student is prohibited from any form of contact within the residence halls (such as verbal contact, contact via any electronic medium, contact via a third party, etc.) with a specific person or persons.

2. Interim Housing Suspension of Privileges

The student is prohibited from utilizing privileges such as, but not limited to, restriction of access to specific buildings or residential spaces, break housing permissions, loaner flex and key usage, visitation and guest privileges, or equipment check out. The privilege that is suspended will be specified.

3. Interim Housing Administrative Reassignment

The student is temporary relocated from one community to another. Residents who receive an interim administrative reassignment are prohibited from entering the floor, wing, or building which they were originally assigned.

VIII. MAINTENANCE OF RECORDS

Access to any Student's alcohol conduct records will be governed by the provisions of the Family Educational Rights and Privacy Act of 1974 (“FERPA”). University officials or faculty members with a legitimate educational interest may have access to conduct records. University offices may request this information if the student submits applications for study abroad, entrance into professional schools, and/or student employment positions. Results of proceedings for alleged violations of the Community Living Standards may be disclosed to the alleged victim of the offense if the offense involved the use, attempted use, or threatened use of physical force against the person or property of another; or is a felony that, by its nature, involves a substantial risk that physical force may be used against the person or property of another in the course of committing the offense.

Disciplinary Records and Housing conduct records will be retained in the manner and for the length of time provided in the General Records Retention and Disposition Schedule for the University of North Carolina System.

Per University policy, Carolina Housing does not provide copies of incident reports. Pursuant to FERPA, a student has the right to inspect their educational record. Students will review their educational record in person, unless the student cannot reasonably come to campus to view the report. For further information, policy, and procedures, visit: Policies and Procedures Under the Family Educational Rights and Privacy Act of 1974 (“FERPA”).

Related Requirements

External Regulations

• Policies and Procedures Under the Family Educational Rights and Privacy Act of 1974 (“FERPA”)
• The Student Code of Conduct of The University of North Carolina at Chapel Hill

Contact Information

Primary Contact

Email: housing@unc.edu.