Procedures for Adjudication & Response to Student & Student Organization Violations of the UNC-Chapel Hill Alcohol Policy

Title

University of North Carolina at Chapel Hill Procedures for Adjudication & Response to Student & Student Organization Violations of the UNC-Chapel Hill Alcohol Policy

Introduction

Purpose

This Procedure strives to promote an educational campus environment that encourages healthy choices and behaviors, fosters academic and personal success, supports Student retention, and promotes the safety and well-being of all members of the University community. The adjudication and response to Student and/or Student Organization violations serves as an extension of the vision above. It is intended that Students and Student Organizations are afforded the same process and response such that both terms are interchangeable, with the exception of Medical Amnesty, which is applicable only to individual Students.

Scope of Applicability

The following procedures apply to all Students and Student Organizations who are accused of violating the Campus Alcohol Policy.

Procedure

I. Learning Outcomes

After participating in the Alcohol Conduct Process, which includes the administrative hearing process and completion of all applicable sanctions, as further described below, Students will be able to:

Recognize the effect of their behavior on themselves, on other Campus Members, and on the University and greater local communities;

1. Identify dangerous drinking behaviors;
2. Seek out campus and community resources related to substance abuse;
3. Articulate their rights and responsibilities as they pertain to the Alcohol Policy; and
4. Discuss how their personal values and principles impact decision-making.

II. Procedural Rights

Student accused of violating the Alcohol Policy is afforded procedural rights in the Alcohol Conduct Process. Accordingly, an accused Student has the right:

1. To receive a notice of the charge(s);
2. To be informed of the procedural alternatives applicable to their case;
3. To review the Incident Report regarding 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 have an objective and impartial hearing;
6. To have their hearing held within a reasonable amount of time;
7. To be represented by an attorney or non-attorney advocate. Further information can be found at the UNC Office of Student Conduct's website;
8. To present witnesses or evidence on their behalf at the hearing; and
9. To appeal the outcomes of this process.

III. Student Organizations

Student Organizations are subject to the same adjudicative processes and disciplinary actions as are individual Students for violations of the Alcohol Policy. These adjudicative processes and disciplinary actions will be enforced against Student Organizations in concert with applicable University policies governing those Student Organizations. It is not double jeopardy for a Student Organization to be adjudicated and disciplined under both this Policy and other applicable University policies governing their conduct.

IV. Role of Witnesses

Witnesses have the right not to self-incriminate; should a witness choose to participate in an investigation or participate in the hearing for an Alcohol Policy matter, they will not be subject to individual Alcohol Policy disciplinary action related to underage possession, consumption, Open Container, or possession or use of a misrepresenting ID. If witnesses provide testimony relevant to a referred or charged Alcohol Policy case, non-identifiable information and statements of that testimony may be made available to the Student or Student Organization who was referred or charged.

Witnesses are not expected to be present for hearing proceedings and are not subject to direct questioning by a Student or Student Organization. Questions for witnesses will be screened by the Hearing Officer for relevance.

V. Role of Support Person, Attorney, and Non-Attorney Advocate

A. Support Person

A Support Person is someone who can provide emotional, logistical, and other kinds of assistance as a non-participant that may be present in meetings and hearing as associated with the Alcohol Policy process. Once chosen by a Student or Student Organization to serve as a Support Person, the individual may be required to meet with the Hearing Officer in advance of any participation in the proceedings to understand the expectations of the role, privacy considerations, and appropriate decorum. The Support Person cannot serve as a fact witness or provide testimony during any meeting or proceeding.

B. Attorney or Non-Attorney Advocate

An attorney or non-attorney advocate may be selected by a Student or Student Organization at their own initiative and expense. The attorney or non-attorney advocate may accompany the accused Student to any investigative, administrative, or adjudicative meeting, including the hearing, related to Alcohol Policy proceedings. An attorney or non-attorney advocate may be required to meet with the Hearing Officer in advance of any participation in the proceeding to understand the expectations of the role, privacy, and appropriate decorum.

Prior to any participation in proceedings, the attorney or non-attorney advocate must submit appropriate informational form to the Office of Student Conduct no later than five (5) business days prior to the meeting or proceeding. The University, its officials, and the Hearing Officer will communicate and correspond directly with the accused Student or Student Organization. It remains the Student or Student Organization’s responsibility to communicate and share information with their attorney or non-attorney advocate.

The University will prioritize the availability of the accused Student or Student representative for the organization, 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 Student or Student Organization, an attorney or non-attorney advocate may not delay, disrupt, or otherwise interfere with the Alcohol Policy proceedings.

VI. Administrative Process

A. Hearing Officer

A Hearing Officer must be assigned to each reported violation and must be a designee of the Vice Chancellor for Student Affairs.

B. Initial Investigation

The Hearing Officer will review documented incidents and referrals of alleged Student violations of the Alcohol Policy. The Hearing Officer will send the Student a written notice of the alleged violation(s), including factual information supporting the allegation. The written notice must also contain a scheduled initial meeting date and time, as well as a listing of the potential charges, including a statement that additional charges may be assigned as additional evidence becomes available.

C. Initial Meeting

The purpose of the initial meeting is to gain the Student's perspective on the alleged violation(s) and to determine whether there exists a reasonable basis to formally charge the Student with a violation. In the initial meeting, the Hearing Officer must inform the Student of:

1. Alleged violation(s);
2. Evidence within the Hearing Officer's possession;
3. Alternatives available to the Student in responding to any charge(s), including acknowledgement of responsibility and its implications;
4. Possible sanctions; and
5. Applicable procedural and appeal rights of the Alcohol Conduct Process.

Additionally, the Hearing Officer and the Student will review any applicable evidence, including the incident report, and the Student may also choose to make a statement. If the Student fails to attend the initial meeting without prior written notice and the Student's failure to attend is not otherwise due to extraordinary circumstances, the Hearing Officer will review the evidence and determine if a reasonable basis exists for a charge.

During the initial meeting, the Hearing Officer will exercise one of the following options:

1. Determine that no reasonable basis exists to formally charge the Student with violating the Alcohol Policy, thereby dismissing the case;
2. Determine that additional information is needed to make a formal charge decision;
3. Determine that a reasonable basis exists to formally charge the Student with violating the Alcohol Policy and provide the Student the opportunity to resolve the matter immediately;
   1. If a Student chooses to resolve the matter immediately, the initial meeting becomes the mutual resolution in lieu of the administrative hearing, wherein the Student mutually agrees to resolve and the case becomes final with no further right to appeal.
   2. If the Student chooses to resolve their charges through an administrative hearing at a later date, the Hearing Officer will send the Student a written notice of all charge(s) with a scheduled administrative hearing date and time. The administrative hearing will occur at least five (5) business days after the issuance of the formal charge(s), unless extraordinary circumstances apply. If the Student wishes to hold the administrative hearing on a date prior to five (5) business days after the issuance of the formal charge, the Student may make this request in writing. This written request must be submitted to the Hearing Officer; or
4. Determine that a reasonable basis exists to formally charge a Student with violating the Alcohol Policy, and determine that this matter be resolved through an administrative hearing to be scheduled no sooner than five (5) business day after the issuance of the formal charge(s); or
5. Determine that due to the circumstances surrounding the incident, University Medical Amnesty should apply.

D. Administrative Hearing

Students may request a copy of the incident report in advance of the hearing. During an administrative hearing, the Hearing Officer must present the evidence within the Hearing Officer's possession and the Student may provide any information or statements that they deem important for the Hearing Officer to consider, including witnesses. If a Student has a reasonable basis to conclude the Hearing Officer cannot consider the case impartially, they may request that a different Hearing Officer be assigned to their case prior to the start of the hearing. If the Student fails to attend the administrative hearing without prior written notice and the accused Student's failure to attend is not otherwise due to extraordinary circumstances, the Hearing Officer will conduct the hearing in the Student's absence and render a decision based on the information available.

In determining a finding of responsibility, the Hearing Officer must utilize a "preponderance of the evidence" standard. This standard means that after careful and impartial consideration of the evidence and witness testimony presented during the administrative hearing, the Hearing Officer determines it is more likely than not that the Student committed the alleged violation(s) of the Alcohol Policy. The Hearing Officer's decision must rest solely on the evidence contained in the record of the administrative hearing. The Hearing Officer may reach one of the following decisions for each charge: (a) not responsible; or (b) responsible. The Hearing Officer must submit a resolution letter containing a notification of the outcome and any assigned sanctions to the accused Student within ten (10) calendar days, unless extraordinary circumstances require a longer period of time. The written notice must also include, if applicable, the deadline by which the Student must complete the assigned sanction(s) and any appeal rights.

E. Procedural Protections

1. Legal and University Medical Amnesty

a. North Carolina Medical Amnesty

1. North Carolina law provides an exemption from criminal prosecution for the "possession or consumption of Alcoholic Beverages if law enforcement, including campus safety police, became aware of the offenses solely because the Person was seeking medical assistance for another individual." Amnesty applies if the Person seeking medical attention on behalf of another did all of the following:
   1. "Acted in good faith, upon a reasonable belief that he or she was the first to call for assistance;
   2. Provided his or her own name to the 911 system or to a law enforcement officer upon arrival;
   3. Did not seek the medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search, and
   4. The evidence for the prosecution of a violation of the N.C. Gen. Stat. §18B-302.2 for the possession or consumption of Alcoholic Beverages was obtained as a result of the Person seeking medical assistance for the alcohol-related overdose.”

b. University Medical Amnesty

The University is committed to upholding the law as well as prioritizing Student safety. The University wishes to promote an environment where Students are not afraid to seek help due to the added fear of disciplinary repercussions from the University. The University cannot guarantee amnesty from any civil or criminal legal action, or from any legal consequences arising from a Student's violation of local, state, or federal law. With these priorities in mind, the Hearing Officer acting pursuant to this Policy may defer or decline formal University disciplinary action for violations of this Policy.

The following are situations in which the University will grant a Student amnesty:

1. Students in need of emergency medical attention: A Student who seeks medical attention or a Student for whom medical assistance was sought by another Person as a result of the consumption of alcohol and who fully cooperates with emergency responders.
2. Victim of a crime: A Student who has been the victim of a crime after consuming alcohol and reports the crime to law enforcement or University officials.
3. Reporting party: A Student who has experienced or witnessed sexual violence, interpersonal violence, or other violation of the Policy on Prohibited Discrimination, Harassment, and Related Misconduct, or otherwise experienced or witnessed behavior which endangers the health or safety of themselves or others and reports to Law Enforcement or a University faculty or staff member.
4. Caller or Support Person: A Student, who calls on behalf of or accompanies an impaired individual, remains with that individual until assistance arrives, and fully cooperates with emergency responders.

Amnesty applies to the Alcohol Conduct Process pursuant to this Policy. If the Hearing Officer acting pursuant to this Policy determines to defer disciplinary action, a Student may be required to meet with a Hearing Officer or other University employee for the purpose of providing support, resources, educational counseling, or other non-disciplinary interventions as may be appropriate. In situations in which the Hearing Officer grants a deferral through Medical Amnesty, the University withholds disciplinary action. In cases in which a Student does not complete educational interventions, a disciplinary action may be added to the resolution of the case.

2. Parental Notification

The University reserves the right to notify the parents/guardians of dependent Students of violations of this Policy. The University may also notify parents/guardians of non-dependent Students who are under the age of 21 of violations of this Policy. Parental notification may also be utilized at the discretion of appropriate University officials when permitted by the Federal Educational Rights and Privacy Act of 1974 ("FERPA") or consent of the Student.

3. Safe Harbor Clause

The University believes that Students who have an alcohol, drug, and/or addiction problem deserve help. If any University Student brings their own use, addiction, or dependency to the attention of University officials outside the threat of drug tests or conduct sanctions and seeks assistance, a conduct complaint will not be pursued on the basis of the information provided by the Student. A written action plan may be used to track cooperation with the Safe Harbor program by the Student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes will be initiated.

4. Prohibition on Retaliation

The University prohibits retaliation against individuals and encourages those who have a concern to report those concerns immediately to the appropriate office identified by the relevant policy. Students concerned about retaliation in relation to the Alcohol Policy should report concerns to the Hearing Officer.

VII. Sanctioning

A. Purpose

Sanctions are intended to educate Students on the inappropriate nature of their actions, to help Students improve their responsible decision-making, and to hold Students accountable for the expectations set forth in this Policy. If a Student is found responsible for a violation of this Policy, the Hearing Officer will assign sanctions as appropriate. There are three categories of sanctions that may be assigned

1. Educational Interventions are assigned to educate Students as to why their actions were inappropriate, to help Students improve their responsible decision-making, and to help them grow from the incident.
2. Disciplinary Sanctions are assigned to hold Students accountable for conduct that violates the Alcohol Policy. Disciplinary sanctions ranging from warning to expulsion are reflected in a Student’s Disciplinary Record maintained by the University.
3. Other Requirements are assigned to remedy the effects of the misconduct and prevent similar conduct from occurring in the future.

B. Criteria

Sanctions and Interventions will be determined by balancing the following criteria:

1. The gravity of the violation in question including, but not limited to: intent and deliberation involved in committing the offense; implications for other members of the University community; and University interests impacted by the offense.
2. The importance of learning through the Alcohol Conduct Process in order to develop a greater sense of responsibility for one's actions and consequences to others, including but not limited to: demonstrated sense of responsibility, demonstrated respect for the importance of integrity; existence of plans to correct the violation and/or prevent future violations.
3. The importance of equitable treatment for similar violations.
4. Other compelling circumstances, including but not limited to: the Student's relevant previous conduct history (e.g., recurring patterns of similar misconduct), extraordinary personal circumstances, and the educational goals of the University.

C. Sanctions and Interventions

1. Educational Interventions for Individuals

1. Administrative Follow up: A required follow up meeting with a Hearing Officer or designee to evaluate the Student's progress and to provide ongoing support.
2. Alcohol Education Programs, including, but not limited to:
   1. Online alcohol education: An online course designed to help Students who have violated alcohol policies make safer and healthier choices.
   2. BASICS: Brief Alcohol Screening and Intervention for College Students. A preventive alcohol abuse intervention program for college Students 18-to-24 years old. It is aimed at Students who have had negative experiences or other problems related to alcohol misuse. The program is designed to help Students make better alcohol-use decisions and to reduce their risks for alcohol-related harm.
   3. Decisions Course: UNC's Decisions is a 3-hour Student- centered workshop focused on ethical and critical decision making, and on understanding readiness for behavior and attitude change through self-awareness. The program helps Students align personal and University core values with their actions in an atmosphere of responsibility and accountability. The program engages participants in a process of self-awareness and critical reflection. Students will learn applied skills and have opportunities to practice these skills to make better choices moving forward.
3. 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 is specialized in the area of concern.

2. Educational Interventions for Student Organizations

Educational interventions designed to help members of an organization understand the nature and implications of the misconduct and prevent similar misconduct from arising in the future. These interventions can be, but are not limited to, presentations, workshops, completion of projects, programs, or requirements as determined appropriate by the Hearing Officer.

3. Disciplinary Sanctions for Students

1. Warning: An official written reprimand as a part of a Student’s Disciplinary Record, that is formally communicated by a letter giving the Student notice that any subsequent violations will result in more stringent sanctions, up to and including disciplinary suspension.
2. Disciplinary Probation: A Student may remain at the University, but may be required to satisfy specified conditions or requirements, report regularly to appropriate University officials or community professionals, and may be barred from holding any office or participating in any activity in which the Student represents the University or University-recognized Student Organizations either within or outside the University community. The sanction of probation prohibits graduation until the period of probation has ended and the Student has complied with all requirements of the sanctions. Disciplinary probation must be reflected on a Student's academic transcript while active, but the notation must be removed upon successful completion of disciplinary probation. Disciplinary probation must be assigned for either:
   1. A definite period of time specified by the Hearing Officer, or
   2. An indefinite period, with potential end date determined by the Hearing Officer. Upon completion of the requisite period, a Student who has satisfied pertinent conditions or requirements must submit a formal petition requesting removal of probation or reinstatement to good standing. The petition must be reviewed by the Hearing Officer. A probation for an indefinite period of time may only be lifted upon approval by a Hearing Officer.
3. Disciplinary Suspension: A Student is removed from good standing and must leave the University. Suspension anticipates that the Student will return if applicable conditions are satisfied. Academic work completed at another institution during a period in which a Student is under suspension from the University may not be transferred toward the degree, but applicable health care or insurance benefits may be continued1. Suspension prohibits graduation until the period of suspension has ended and the Student has complied with all requirements of the sanction. Suspension must be reflected on a Student’s academic transcript while active, but the notation must be removed upon successful completion of disciplinary suspension. Disciplinary suspension must be assigned for either:
   1. A definite period of time specified by the Hearing Officer, or
   2. An indefinite period, with potential end date determined by the Hearing Officer. Upon completion of the requisite period, a Student who has satisfied pertinent conditions or requirements must submit a formal petition requesting removal of suspension or reinstatement to good standing. The petition must be reviewed by the Hearing Officer. A suspension for an indefinite period of time may only be lifted upon approval by a Hearing Officer.
4. Permanent Suspension: A Student is permanently removed from good standing and the Student must leave the University permanently without an expectation that the Student may eventually return to the Chapel Hill campus. A Student permanently suspended from the campus is not barred from seeking admission to another UNC System university, if that university wishes to permit such application following disclosure of the Student's Disciplinary Record at UNC-Chapel Hill. Permanent suspension may only be imposed with the concurrence of the Chancellor and will remain in effect unless and until the Chancellor who imposed or approved the sanction or the Chancellor's successor concludes on the basis of the former Student's petition and any supportive documentation that the individual should be given a new opportunity to pursue higher education at UNC-Chapel Hill.
5. Expulsion: A Student is permanently removed from good standing and the University and may not be admitted to any UNC System university. Expulsion may only be imposed with the concurrence of the Chancellor and will remain in effect unless and until the Chancellor who imposed or approved the sanction or the Chancellor's successor concludes on the basis of the former Student's petition and any supportive documentation that the individual should be given a new opportunity to pursue higher education at UNC-Chapel Hill.
6. Loss of Privileges: Assigned for a definite or indefinite period. Loss of privileges may include restrictions on participation in athletic competitions or practices or other activities or events sponsored by the University or Student Organizations, restrictions on the use of University facilities for meetings or other activities, removal from University housing, and loss of other privileges as deemed appropriate to deter future misconduct.

4. Disciplinary Sanctions for Student Organizations

1. Warning: An official written reprimand that is formally communicated by a letter giving the Student Organization notice that any subsequent violations warrant additional and more stringent University action, up to and including group suspension.
2. Restrictions on Student Organization activities, space, and privileges:
   1. Activity restrictions, prohibiting the Student Organization from sponsoring or participating in specified activities, including but not limited to, social activities, parties, event functions, or intramural competitions, for a specified period of time.
   2. Space restrictions, prohibiting the Student Organization from use of University facilities or property for meetings or any other activities, for a specified period of time.
   3. Privilege restrictions, prohibiting the Student Organization from specific privileges that are not activity or space restrictions, for a specified period of time. Including, but not limited to, prohibiting any sponsorship or service of alcohol, or addition of new members to the Student Organization.
3. Group Probation: For a period of time, any act of misconduct resulting in a violation of this Policy warrants increased accountability, which may include suspension or revocation of the Student Organization’s status or affiliation with the University. Included in probation is a warning that subsequent violations warrant additional University action, and additional restrictions as specified in writing serve as conditions for completion of the probation and return to good standing with the University. Group probation must be assigned for either:
   1. A definite period of time determined by the Hearing Officer, or
   2. An indefinite period of time with potential end date determined by the Hearing Officer. Upon completion of the requisite period, a Student Organization that has satisfied pertinent conditions or requirements must submit a formal petition requesting removal of probation or reinstatement to good standing. The petition must be reviewed by a Hearing Officer. A probation for an indefinite period of time may only be lifted upon approval by a Hearing Officer.
4. Group Suspension: For a period of time, temporary removal of a Student Organization’s status as recognized or affiliated with the University. Suspension may limit recruitment or addition of new members to the Student Organization. Suspension may include other restrictions or sanctions as conditions to return to good standing, as provided in writing, but may not restrict any privileges to occupy or hold property. Group suspension must be assigned for either:
   1. A definite period of time determined by the Hearing Officer, or
   2. An indefinite period of time with potential end date determined by the Hearing Officer. Upon completion of the requisite period, a Student Organization who has satisfied pertinent conditions or requirements must submit a formal petition requesting removal of suspension or reinstatement to good standing. The petition must be reviewed by the Hearing Officer. A suspension for an indefinite period of time may only be lifted upon approval by a Hearing Officer.
5. Revocation of Recognition: A permanent revocation of a Student Organization’s affiliation or recognition by the University, if approved by the Chancellor.

5. Other Interventions for Students or Student Organizations

The Hearing Officer may assign other sanctions or interventions as deemed appropriate to remedy the effects of the misconduct and prevent similar conduct from occurring in the future. Other requirements may include, but are not limited to:

1. Restitution: A monetary sanction imposed on Students when there is a financial cost associated with their behavior.
2. Community Service: A required sanction in which the Student must complete a service learning experience for a designated amount of time. The Student must provide documentation to the Hearing Officer confirming the completion of the community service experience.

D. Administration of Sanctions and Interventions

It is the responsibility of a Student or Student Organization to timely inform the Hearing Officer of extenuating circumstances preventing the Student or Student Organization from completing the assigned sanction(s) or interventions by the assigned deadline and, if necessary, to request that the Hearing Officer grant an extension of the assigned deadline. The Hearing Officer, in the Hearing Officer's sole discretion and in taking into consideration the particular facts and circumstances supporting the extension request, may choose to extend the deadline.

If a Student or Student Organization fails to complete the assigned sanction(s) by the established deadline, the Hearing Officer may take any of the following actions:

1. In cases involving violations committed by individual Students:
   1. Take administrative action against the Student, to be removed by the Hearing Officer upon the Student's successful completion of the assigned sanctions or interventions. This includes any combination of administrative actions affecting the Student's ability to enroll in classes, to receive an official transcript, to graduate, or to sign up for campus housing; or
   2. Refer the Student's non-compliance to the appropriate authority as a potential violation of the Alcohol Policy.
2. In cases involving individual Students granted Medical Amnesty:
   1. A finding of responsibility for appropriate Alcohol Policy violation(s), and
   2. Imposition of appropriate disciplinary and educational outcomes for a finding of responsibility.
3. In cases involving violations committed by Student Organizations:
   1. Imposition of additional group sanctions as appropriate; or
   2. Refer the Student Organization's non-compliance to the appropriate authority as a potential violation of the Alcohol Policy. 

VIII. Appeals Process

A. Grounds for Appeal

The Appellate Officer is an impartial decision-maker who serves as the designee of the Vice Chancellor for Student Affairs. A Student or Student Organization may appeal the Hearing Outcome only on the following grounds:

1. Procedural Rights: A violation of procedural rights afforded in Section II of the Procedures for Adjudication & Response to Student & Student Organization Violations (material deviation from established procedures that would substantially affect the outcome);
2. Newly Discovered Information: Newly discovered information has been obtained that was not previously available during the initial investigation or the administrative hearing process through the exercise of due diligence, and this newly discovered information would substantially affect the outcome.

Mere dissatisfaction with the Hearing Outcome is not a valid basis for appeal.

B. Appeal Submission

The appeal must be submitted in writing to the applicable Appellate Officer within five (5) business days from the delivery of the resolution letter. The appeal must consist of a plain, concise, and complete written statement outlining the grounds for appeal and all relevant information to substantiate the basis for the appeal. Receipt of the written appeal will be acknowledged in writing. Any sanctions imposed by the Hearing Officer will not be enforced until the deadline for submission of an appeal has passed. Once a Student or Student Organization submits a request for an appeal, the sanction(s) will not be enforced until after the determination of a final appeal decision.

C. Appeal Review

The Appellate Officer will assess the written appeal to determine whether the appeal is timely filed and, if so, whether the appeal is properly framed based on the two permissible grounds. If the Appellate Officer determines that the appeal was not timely filed or does not state one of the two permissible grounds for appeal, the appeal will be denied. If the appeal is timely filed and meets one or more of the grounds for appeal, the Appellate Officer must review and consider solely the evidence contained in the case file. If necessary, the Appellate Officer may request to meet with the Student or with members of the Student Organization to discuss the appeal further in order to make a determination. No new evidence may be entered during the appeal process unless strictly outlined as a ground for appeal.

D. Appeal Decision

The Appellate Officer will reach a decision after reviewing the case file, the grounds for appeal as stated in the written appeal, and any applicable discussion with the Student, members of the Student Organization, or other relevant witnesses. The decision of the Appellate Officer is final, and the Appellate Officer must submit a written rationale of the decision within ten (10) business days after receipt of the appeal petition or any appeal hearing unless extraordinary circumstances require a longer period of time. When making a determination, the Appellate Officer may:

1. Uphold the decision of the Hearing Officer; or
2. Overturn the decision of the Hearing Officer by:
   1. Dismissing the case;
   2. Remanding the case for a new administrative hearing; or
   3. Modifying the sanctions. The Appellate Officer may not increase a sanction or other penalty, but may assign a lesser sanction if appropriate.

IX. Maintenance of Records

Access to any Student's Disciplinary Record will be governed by the provisions of FERPA. University officials or faculty members with a legitimate educational interest may have access to a Student’s Disciplinary Record.

A record of the outcome and any imposed sanction(s) from an Alcohol Policy violation by a Student or Student Organization must appear in a Disciplinary Record maintained by the Office of Student Conduct. Disciplinary records for Students must be maintained for a period of eight (8) years from the date of resolution. Disciplinary records for Student Organizations must be maintained indefinitely. The sanctions of Disciplinary Probation, Suspension, Permanent Suspension, or Expulsion, will be reflected on a Student’s academic transcript only for the term(s) in which the sanction is active. Upon completion of the disciplinary outcome and all associated requirements, the notation on the transcript will be removed

Definitions

When used in the Alcohol Policy of The University of North Carolina at Chapel Hill or any of its related Procedures or appendices, terms have the following definitions:

Alcohol Conduct Process: The process and procedures for adjudication of and response to reported Student or Student Organization violations of the Alcohol Policy of The University of North Carolina at Chapel Hill as outlined in the Procedures for Adjudication & Response to Student & Student Organization Violations.

Alcoholic Beverages: Any beverage or other ingestible substance containing at least one half of one percent of alcohol by volume, as defined by the North Carolina Alcohol Beverage Control (ABC) Commission. For specific definitions, please visit the ABC Commission website.

Campus Member(s): All Students, faculty, staff, or other affiliates of the University of North Carolina at Chapel Hill.

Common Source Container: Kegs, coolers, pitchers, punch bowls, bath tubs, trash cans, common shared refrigerators, or similar Common Source Containers of Alcoholic Beverages intended to serve as a source of open access to Alcoholic Beverages at a party or other gathering.

Disciplinary Record: A record containing documents related to University disciplinary matters that may include, but is not limited to, the outcome and any imposed sanction(s) of any disciplinary action taken by the University against a Student or Student Organization.

Open Container: Any container of alcohol that is open or has at any point had the manufacturer’s seal broken and lid replaced. Examples include, but are not limited to, a solo cup, water bottle, open bottle or can containing any amount of Alcoholic Beverage.

Person: Considered to be used in this Policy as any Student, Student Organization, or Administrative Unit, and can be used interchangeably except for use in application of Medical Amnesty.

Policy: Except as otherwise noted, the term 'Policy' or 'this Policy' refers to the Alcohol Policy of The University of North Carolina at Chapel Hill.

Student: The term "Student" means any of the following:

1. a Person who has applied for admission and been accepted into any academic program of study at the University;
2. a Person enrolled in or attending classes at or through the University, either at the University's main campus or at any remote location, including a Person enrolled in online or distance education programs or a Person participating in Study Abroad programs; or
3. a Person participating in any pre-matriculation orientation programs.

Student Organization: Any recognized group affiliated with or supported by the University or a University entity (e.g., societies, clubs, student organizations including fraternities and sororities, athletic teams, or similarly organized groups in or recognized by the University.) A Student Organization also includes any group of students, whether or not officially recognized, that is affiliated with the University through the use of University Premises or University-sponsored programs.

University: The University of North Carolina at Chapel Hill and all of its undergraduate, graduate and professional schools and colleges, and Administrative Units.

University Administrative Unit: A constituent part of the University, such as a department, division, program, college, or school.

University Premises: Buildings, property, or grounds owned, leased, operated, controlled, or supervised by the University.

University-Sponsored Event: Any event or activity on- or off-campus which is initiated, aided, funded, authorized, or supervised by the University or any authorized University official(s) (e.g., affiliated Student, Student Organization, staff, faculty, department, athletic events, entertainment venues, development/fundraising function).

Related Requirements

External Regulations and Consequences

• N.C. Gen. Stat. §18B-302.2 - Medical Treatment; Limited Immunity
• UNC System Policy 700.4.1, Section VI - Policy on Minimum Substantive and Procedural Standards for Student Disciplinary Proceedings: Serious Violations

University Policies, Standards, and Procedures

• University Alcohol Policy and Standard on Serving Alcohol at University-Sponsored Events or on University Premises
• Policies and Procedures Under the Family Educational Rights and Privacy Act of 1974 (“FERPA”)

This Procedure is intended to govern the conduct covered by its terms and does not preclude disciplinary or other actions to which an individual may be subject under separate policies of the University, including, but not limited, to:

• The Instrument of Student Judicial Governance;
• Illegal Drugs Policy;
• Policy on Prohibited Discrimination, Harassment and Related Misconduct Including Sexual and Gender-Based Harassment, Sexual Violence, Interpersonal Violence and Stalking;
• Emergency Evaluation and Action Committee Policy and Procedures;
• The Workplace Violence Policy; or relevant policies promulgated by the Department of Housing and Residential Education, the Office of Human Resources, the Office of the Executive Vice Chancellor and Provost, the Office of Postdoctoral Affairs, or any other University Administrative Unit.

Footnotes

1. In those cases in which the Hearing Officer determines that the sanctions of Disciplinary Suspension, Permanent Suspension, or Expulsion should be considered, the Hearing Officer will comply with UNC System Policy 700.4.1, Section 6.

Contact Information

Student Affairs

Jonathan Sauls, Senior Associate Vice Chancellor for Student Affairs
Office of the Vice Chancellor for Student Affairs
jsauls@email.unc.edu
919-966-4045

Director of Student Conduct
919-962-0805

Carolina Housing
919-843-2782

Office of the Provost

Executive Vice Chancellor and Provost
919-962-2198