Unit Procedure
Title
Carolina Housing: Housing Conduct Procedure
Introduction
Purpose
Scope
Housing Conduct Procedure
Violations of the Community Living Standards are adjudicated through the Carolina 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:
- Articulate their rights as they pertain to the Housing Conduct Process
- Discuss how their personal values and principles impact decision-making
- Recognize the effect of their behavior on others in the residential community
Administrators of the Housing Conduct Process aim to achieve the following goals:
- Foster a residential culture that encourages healthy choices and behaviors
- Encourage ethical development and personal accountability
- Develop educational interventions that foster individual insight and growth
- 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.
1. Incident Documentation & Initial Notice
Carolina Housing staff document alleged violations of the Community Living Standards and/or the Student Code of Conduct in an Incident Report, which is reviewed by the Residential Conduct and Care Team and then assigned to a Hearing Officer when appropriate. Involved students, otherwise known as “Respondents,” will then receive an electronic notice indicating their alleged involvement in a potential policy violation and information on how to respond to the notice. Conduct proceedings may begin if reliable information (e.g., direct observation, credible documentation, other verifiable sources) suggests a violation occurred, but decisions will not rely on hearsay or unverified accounts.
2. 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:
- To receive a written notice of the charge(s)
- To be informed of the applicable resolution types, procedural alternatives, and potential sanctions applicable to their case
- To review, prior to any meeting or conference, the written evidence supporting the charges against them
- 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)
- 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
- To refuse to respond to questions that would tend to be self-incriminating
- 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
- To be assisted by an attorney or non-attorney advocate. Further information can be found on the Student Conduct website
- To be informed of the final decision and results of any conduct proceeding
- To be free from rehearing for the same offense after being found not responsible
- To appeal the outcomes of this process as provided in the Community Living Standards Appendix
3. 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:
- Administrative Resolution
- Large-Scale Housing Resolution
- Written Warning
4. The Hearing Process
Administrative Conference
Any student who has been involved in an alleged policy violation of the Community Living Standards (“Respondent”) will receive written notice of charges and scheduled to meet for an Administrative Conference. The charge notice is sent at least five (5) calendar days before the conference but may request to waive this notice period in writing to meet sooner.
The Administrative Conference is an informational meeting between the Respondent and a Hearing Officer to review alleged violations. During the conference, the Hearing Officer will:
- explain the Respondent's rights
- review the available resolution options
- review the incident report and other applicable evidence
- review possible sanctions and appeal rights.
The Respondent may respond to the information, ask questions, or present written/documentary evidence, but is not required to do so. The Respondent will indicate their preferred resolution process or may request up to three (3) business days to decide. If no choice is made, the matter will move forward to an Administrative Resolution.
Administrative Resolution
An Administrative Resolution is a meeting where the Hearing Officer determines responsibility for the alleged violation(s). During this process, the Respondent may:
- accept responsibility. If responsibility is accepted, the Hearing Officer assigns sanctions based on guidelines and relevant information.
- contest responsibility. If responsibility is contested, the Hearing Officer makes a decision using the preponderance of the evidence standard based on the available evidence and then determines appropriate sanctions.
- accept a Mutual Resolution proposed by the Hearing Officer. Mutual Resolutions, when offered, require the Respondent to accept responsibility, agree to sanctions, and waive appeal rights.
Outcomes and sanctions are communicated verbally when possible and always followed by a written Notice of Decision within ten (10) calendar days of the resolution meeting, which includes a summary of the decision, sanctions, deadlines, and appeal information if applicable.
5. Large-Scale Housing Resolution (LSHR)
The Large-Scale Housing Resolution (LSHR) process may be used when an incident involves five or more residents and Community Living Standards violations only. If Student Code of Conduct violations are also involved, the case will follow the procedures outlined in the Code of Conduct. LSHR applies when a violation occurs in a shared or private residential space where multiple students had access or involvement and could reasonably be held accountable.
If sufficient information exists, Carolina Housing may issue individual resolution proposals to the students involved. Sanctions are determined based on the nature of the violation and each student's conduct history. Students who accept the proposal agree to take responsibility, complete assigned sanctions, and waive their right to a hearing and appeal. Students who decline will proceed through an Administrative Resolution.
This process provides a timely and consistent way to resolve group incidents while ensuring individual accountability and upholding community standards.
6. Written Warnings
For first-time violations of certain Community Living Standards, a case may be resolved with a Written Warning instead of an Administrative Conference. This option is generally used for first-time violations of:
- Quiet Hours/Noise
- Prohibited Decorations, as long as the item does not violate other University policies (e.g., Student Code of Conduct, Policy on Prohibited Discrimination, Harassment, and Related Misconduct)
- Prohibited Items, except for motorized vehicles or items that pose an active safety hazard (e.g., lit candles)
Students who receive a Written Warning are assigned at least a Housing Contract Warning. Additional sanctions may also apply based on the nature of the violation. Students may appeal a Written Warning if the grounds for appeal outlined in the Community Living Standards Appendix are met.
7. Sanctions
Sanctions are designed to:
- Educate students on why the behavior was inappropriate
- Promote better ethical decision-making
- Hold students accountable to their housing contract or lease agreement
Notes:
- 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 access this information for programs such as study abroad, professional school applications, or student employment.
Sanctions are determined based on:
- The student's demonstration of learning and reflection
- The student's demonstration of honesty and personal accountability
- Severity of the violation(s)
- Consistency and equitable treatment across similar cases
- The student's disciplinary history
- Special or mitigating circumstances
- Policy and regulatory guidance
8. Representation by Attorney or Non-Attorney Advocate
In accordance with N.C.G.S. § 116-40.11, any student accused of violating Carolina Housing's Community Living Standards may, at their own expense, be represented by a licensed attorney or non-attorney advocate of their choosing.
Students who choose to have such representation must notify the assigned Hearing Officer via email at least two (2) business days prior to any hearing. The notification must include:
- The full name of the attorney or advocate
- Whether the individual is a licensed attorney or non-attorney advocate
- Current contact information (address, email, and phone number)
Additionally, the student must submit a written authorization that complies with the consent requirements outlined in the Family Educational Rights and Privacy Act (FERPA).
At least two (2) business days before the hearing, the attorney or non-attorney advocate must also submit a signed certification confirming that they have read and understand the following:
- Carolina Housing Community Living Standards
- Policy on Student Possession and Consumption of Alcoholic Beverages in University Facilities
- The Housing Conduct Process Overview
Forms
9. Housing Conduct Appeals
A student may appeal the outcome of a Housing Conduct Hearing only on the following two grounds:
Procedural Error
A material violation of due process rights outlined in the Community Living Standards.
The student must show, by a preponderance of the evidence, that the error substantially affected the outcome.
Newly Discovered Information
New evidence that:
- Was not available during the investigation or hearing despite due diligence, and
- Would likely have changed the outcome of the case
Note: Dissatisfaction with the outcome is not a valid reason to appeal.
How to File an Appeal
- Submit your appeal electronically using the Carolina Housing Appeal Request
- Deadline: Within 5 business days of receiving your resolution letter via email
- Include a clear, concise written statement explaining:
- Which appeal ground you're using
- Relevant facts and documentation
You'll receive a confirmation email once your appeal is received.
Review Process
- Appeals are reviewed by a designated Appellate Officer in Carolina Housing
- The officer will determine if:
- The appeal was submitted on time
- It meets one or both valid grounds
- If not, the appeal will be denied
- Valid appeals are reviewed based on the existing case file only
- No new evidence is accepted unless it qualifies under the “Newly Discovered Information” ground.
What Happens Next
The Appellate Officer will issue a decision within 10 business days, unless extraordinary circumstances apply. Possible outcomes:
- Uphold the original decision
- Overturn the decision by:
- Dismissing the case
- Remanding for a new hearing
- Reducing the sanction (sanctions cannot be increased)
Once an appeal is filed, sanctions are paused until a final decision is made. Interim administrative actions remain in effect.
10. Interim Administrative Sanctions
Interim administrative actions may be implemented before a conduct hearing in cases involving serious or severe alleged violations of the Community Living Standards. These measures are used when it is in the best interest of the community and/or the student to:
- Remove the student from a residential area, and/or
- Prevent contact between involved individuals
These actions remain in place until the matter is resolved through the Housing Conduct Process, including appeals. Interim actions do not replace a student's right to a fair hearing, which will be provided within a reasonable timeframe. The Director of Carolina Housing or designee may impose these actions as needed. Violating interim actions may result in additional charges.
Types of Interim Actions
- No Contact Order: Prohibits all contact (direct, electronic, or through others) with specific individuals within the residence halls.
- Suspension of Housing Privileges: Temporarily restricts access to certain housing services or spaces (e.g., building access, break housing, key/flex use, guest privileges).
- Administrative Reassignment: Temporarily relocates a student to another residential community and prohibits return to their original floor, wing, or building.
11. Conduct Requests & Records
Conduct History Request
Maintenance of Records
Access and Privacy
Access to a student's conduct records is governed by the Family Educational Rights and Privacy Act (FERPA). University officials and faculty members with a legitimate educational interest may access these records.
Transcript Notations
- Most conduct outcomes do not appear on a student's academic transcript.
- Disciplinary probation and suspension are noted while active, but are removed once all conditions are completed.
Official Disciplinary Record
All outcomes and sanctions from Housing Conduct cases are recorded in a student's official University disciplinary record maintained by Carolina Housing.
Victim Notification
If an alleged violation involves physical force or a qualifying felony, the outcome may be disclosed to the victim, as permitted under FERPA.
Record Retention
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.
Access to Incident Reports
Carolina Housing does not provide copies of incident reports. However, students have the right to inspect their educational records in accordance with FERPA. This review will typically occur in person, unless the student cannot reasonably travel to campus.
For more information, visit the University's FERPA Policy.
Related Requirements
External Regulations
Unit Policies, Standards, and Procedures
Contact Information
Primary Contact
Email: housing@unc.edu.