Student Conduct Procedures of The University of North Carolina at Chapel Hill

University Procedure

Title

Student Conduct Procedures of The University of North Carolina at Chapel Hill

I. Introduction

A. Purpose

The Student Conduct Procedures (“Procedures”) are designed to promote an educational campus environment that encourages healthy and responsible choices and behaviors, fosters academic and personal success, supports Student retention, and promotes the safety and well-being of all members of The University of North Carolina at Chapel Hill (“University”) community

B. Scope

These Procedures apply to both Students and Student Organizations who are accused of violating the Student Code of Conduct (“Code of Conduct”) or the University Alcohol Policy (“Alcohol Policy”).

The terms "Student" and "Student Organization" may be used interchangeably such that "Student" or "Student Organization" may also be understood to refer to the other unless an express exception is made. As used in these Procedures, all references to "Chancellor," "Vice Chancellor," "Director," and "Student Conduct" also include individuals designated to act on their behalf.

II. General Disciplinary Procedures

A. Reporting and Referrals

1. Initial Report

Any person may submit a report of alleged violation(s) of the Code of Conduct or the Alcohol Policy to the Office of Student Conduct (“Student Conduct”) for review. The person(s) submitting an initial report will be referred to as Complainant. As necessary, the University reserves the right to serve as Complainant and/or to initiate conduct proceedings without a formal report if there appears to be reliable information that a violation may have occurred. A report of potential misconduct should be submitted promptly and include a description of the conduct alleged, identities of the Student(s) believed to be responsible, and a description of the relevant facts supporting the allegation. Anonymous referrals may be submitted; however, anonymous reports cannot be the sole basis of disciplinary action under these Procedures. Information available through public sources or public records (e.g., police reports) may be used as a report of misconduct. A Student or Student Organization reported for potential disciplinary action under these Procedures will be referred to as Respondent.

2. Report of Academic Misconduct

A person who suspects that a Student has engaged in academic misconduct shall promptly submit a report to Student Conduct. When there is a report of potential academic misconduct, the Instructor may recommend an appropriate sanction from among those sanctions available in Section V of these Procedures. An Instructor may elect to meet with a Student suspected of academic misconduct prior to submission of a report but is not required to do so. If the Instructor chooses to meet with the student, the Instructor should notify the Student of the Instructor’s intention to submit a report to Student Conduct and present the information that supports the alleged academic misconduct. The Student may be afforded the opportunity to provide additional information if they choose but is not required to do so. Private action by an Instructor (e.g., assigning an "F" grade to the Student) as a sanction for academic misconduct is inconsistent with faculty policy and may not be used in lieu of or in addition to a report to Student Conduct.

3. Notice, Review, and Investigation

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

4. Initiation of Charges

Following its preliminary investigation, Student Conduct will determine whether there exists a reasonable basis to initiate a formal charge alleging that Respondent engaged in misconduct and referring Respondent for further action as set forth in these Procedures. Under ordinary circumstances, a determination of whether 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.

5. Notice of Charges

Student Conduct will promptly notify Respondent in writing of the decision to initiate a formal charge 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. In all instances in which the charged offense could result in expulsion, the notice shall include this possibility and must specify that expulsion precludes matriculation at any UNC constituent institution.

6. Non-Disciplinary Action

In lieu of a formal charge, Student Conduct may, in its sole discretion, take other non-disciplinary action as outlined in Section IV of these Procedures

B. Rights and Responsibilities

1. Procedural Rights for Respondents

A Respondent accused of a violation of the Code of Conduct or the Alcohol Policy shall have the following rights:

  1. To receive written notice of the charge(s);
  2. To be informed of the applicable hearing types, procedural alternatives, and potential sanctions;
  3. To review, prior to any hearing, the written evidence supporting the charges against them and to receive a list of witnesses who may testify in support of the charge(s);
  4. To be presumed not responsible for a violation until proven otherwise through a preponderance of the evidence standard (i.e., more likely than not);
  5. To have an objective and impartial hearing, including the right to challenge the participation of a Hearing Officer or Conduct Board member on the basis of potential bias or conflict of interest;
  6. To refuse to respond to questions that would tend to be self-incriminating;
  7. To receive timely notice of any hearing as provided in these Procedures and to have the hearing held within a reasonable period;
  8. To be assisted by a Student Advisor, attorney, or non-attorney advocate as provided in these Procedures or pursuant to any applicable statute or policy of the UNC Board of Governors. Further information can be found at the University's Office of Student Conduct's website;
  9. To present witnesses and relevant information at a Formal Hearing and to respond to any evidence presented;
  10. To be informed of the final decision and results of any disciplinary proceeding as provided in these Procedures;
  11. To be free from rehearing for the same offense after being found not responsible; and
  12. To appeal as provided in these Procedures.

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

2. Procedural Rights for Complainants

A Complainant who asserts that a Student or Student Organization has violated the Code of Conduct or Alcohol Policy has the following rights:

a. Privacy

To have the Complainant’s name or other personally identifiable information withheld from release to the public or any persons not directly involved in the proceeding, unless required by law.

b. Presence and Participation

To be present and participate in a hearing, except for deliberations, to the extent provided in these Procedures or as permissible under state or federal law.

c. Academic Misconduct Cases

In cases involving charge(s) of academic misconduct, the right of an Instructor to make a grade penalty recommendation (from within the options set forth in these Procedures) and to have the recommended grade penalty imposed if the Student accepts responsibility or is found responsible for the charge(s) unless Student Conduct determines, with the approval of the dean of the school in which the Student is enrolled, that a different grade penalty should be imposed based on extenuating circumstances.

3. Notification of Complainants

In accordance with the Family Educational Rights and Privacy Act ("FERPA"), in cases of alleged academic misconduct, the Complainant or Instructor may be notified of the outcome of the case if the Complainant or Instructor has a legitimate educational interest in the outcome. In accordance with UNC System policy, a Complainant or other impacted party who is a victim of a crime of violence must be notified of the name of the Student assailant, the violation charged or committed, the essential findings supporting the conclusion that the violation was committed, and the sanction (if any) imposed.

4. Responsibilities of Respondents, Complainants, Witnesses, and Other Participants

Participants in a disciplinary 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, conferences, or hearings as scheduled and to regularly check University email for official communication; and
  4. For Respondents, to collect and present all relevant information they wish to be considered as part of the hearing and/or sanctioning process, including identifying and calling any Witnesses. Respondents may be assisted by a Student Advisor, attorney, or non-attorney advocate as provided in these Procedures, but the ultimate responsibility for presenting information rests with the Respondent.

C. Accommodations

Participants in the 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’s Equal Opportunity and Compliance Office. Requests for accommodations must be made timely and cannot be used for the purpose of delaying a proceeding.

D. Prohibition on 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 Student Conduct.

E. Student Organizations

Student Organizations are subject to the same disciplinary proceedings and actions as individual Students for violations of the Code of Conduct and the Alcohol Policy. Disciplinary processes and actions may be enforced against Student Organizations in concert with other University policies governing those Student Organizations. The president of the Student Organization or another member designated by the Student Organization or Student Conduct will be the primary point of contact for all disciplinary matters. All members of a Student Organization are expected to cooperate with disciplinary investigations or hearings and meet with Student Conduct if requested to do so.

F. Academic Progression and Degree Conferral

  1. A Student may not graduate while the subject of a pending disciplinary action or active sanction. This includes while there is a pending report, unresolved charge, or incomplete sanction.
  2. Following a report of academic misconduct, a Student may not withdraw from the course in which the violation is alleged to have occurred until the conduct matter is fully resolved.
  3. The student conduct process is distinct from any professionalism or technical standards adopted by a school or program. A Student’s failure to meet any school-based standard is evaluated by the relevant school or program and is not disciplinary action within the meeting of the Code of Conduct or these Procedures. However, the standards of a school or program are not a substitute for this Code of Conduct and no school or program may adopt an independent process for resolving Code of Conduct or Alcohol Policy violations.

G. Participants in the Student Conduct Process

In addition to the Complainant and Respondent, the following roles may be involved in the disciplinary process as set forth in these Procedures:

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 Complainant or Respondent, except in Formal Hearings. In an Administrative Conference, direct questioning is not permitted by any party. 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. Student Advisor

Student Conduct shall maintain a roster of trained Students who may be assigned as a Student Advisor upon request of the Respondent. Student Advisors shall be recruited, trained, and certified through processes overseen by Student Conduct. The role of the Student Advisor is to provide guidance on these Procedures and to assist Respondent in preparing their response to the charge(s), including attending and serving as an advisor to Respondent during any disciplinary proceeding.

3. Attorney/Non-Attorney Advocate

In lieu of a Student Advisor, and 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 disciplinary process, except as follows:

  1. In a Conduct Board hearing where the panel is comprised entirely of Students; or
  2. The case involves allegations of academic misconduct as defined in Section II.B of the Code of Conduct.

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, including any Formal Hearing, except as provided in subsections 3.a and 3.b above.1

Before any participation in proceedings, an outside attorney or non-attorney advocate must submit appropriate informational forms to Student Conduct at least three calendar days before any meeting or proceeding. In addition, Respondent must provide Student Conduct 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 the Hearing Officer before any participation in the proceeding to understand the role, privacy, and appropriate decorum expectations.

Student Conduct will communicate and correspond directly with Respondent. It is 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, Conduct Board 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.

4. Hearing Officer

A Hearing Officer is a staff member in Student Conduct or other designee of the Director of Student Conduct with responsibility for conducting Administrative Conferences or Formal Hearings as set forth in these Procedures.

5. Conduct Board

A pool of undergraduate students, graduate and professional students, faculty, and staff from which panels are drawn to conduct Formal Hearings. Members of the Conduct Board are recruited, trained, and certified by Student Conduct annually, or more frequently as needed. Student Conduct shall endeavor to recruit a Conduct Board that represents a cross-section of the University, including a variety of academic disciplines, class statuses, and faculty ranks. The number of Conduct Board members shall be of sufficient size to facilitate prompt scheduling of Formal Hearings. Each Conduct Board will have a Chair designated by Student Conduct. The Chair manages the deliberations of the Conduct Board and prepares a written summary of the Board’s decision. Conduct Board Chairs may be Students, faculty, or staff and shall be selected and trained from within the pool of Conduct Board members.

H. 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.

I. Communication to Parties

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

J. Standard of Evidence

The standard of evidence for all disciplinary proceedings under these Procedures 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 presented in the disciplinary proceeding.

III. Case Resolution Types

A pending charge alleging violation of the Code of Conduct or Alcohol Policy will be resolved through one of four (4) types of proceedings depending on the circumstances of the particular case. The four categories of potential resolution are as follows:

  1. Administrative Conference;
  2. Formal Hearing;
  3. Student-Instructor Alternative Resolution; or
  4. Large-Scale Case Resolution

The general disciplinary procedures in Section II above are applicable to all categories of potential resolution, except where otherwise provided. 

A. Administrative Conference

An Administrative Conference is a meeting between the Respondent and a Hearing Officer to review the alleged violation(s). During the Conference, Respondent will have the opportunity to review the information supporting the charge(s) and respond to the information presented. The procedures used in an Administrative Conference are outlined below:

  1. Respondent shall be sent written notice of the specific charge(s) at least ten (10) 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.
  2. During the Administrative Conference, the Hearing Officer will review Respondent’s rights, available options for resolution of the charge(s), the initial report, and potential sanctions. Respondent will have the opportunity to respond to the information, ask questions, and present written or documentary evidence, but is not required to do so.
  3. During the Administrative Conference, Respondent may (a) accept responsibility, (b) indicate they are not responsible but wish to continue with the Administrative Conference, (c) request that the case be referred to a Formal Hearing, or (d) agree to a Mutual Resolution as proposed by the Hearing Officer. 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 a Formal Hearing.
    1. If Respondent chooses to accept responsibility for the charge(s), the Hearing Officer will evaluate the relevant sanctioning guidelines set forth in Section V.A of these Procedures and any relevant sanctioning information provided by Respondent. The Hearing Officer will determine an appropriate sanction.
    2. If Respondent indicates they are not responsible for the charge(s) but wish to continue with the Administrative Conference, 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 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. If Respondent requests a Formal Hearing, the Hearing Officer will refer the matter for hearing as set forth in Section III.B of these Procedures. The Hearing Officer will not determine responsibility or applicable sanctions.
    4. Respondent may be offered an opportunity to resolve any pending charge(s) by Mutual Resolution as part of the Administrative Conference. The determination of whether to propose a Mutual Resolution is committed to the discretion of Student Conduct and is not appealable. If 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, (c) waive the right to a Formal Hearing, and (d) waive the right to any appeal.
  4. Any determinations of responsibility and applicable sanctions may be shared orally during the Administrative Conference and shall be provided to 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. Information on appeal procedures, if applicable, will be provided as part of the Notice of Decision.

B. Formal Hearing

Respondent may request a Formal Hearing to resolve a charge of violating the Code of Conduct or the Alcohol Policy. In a Formal Hearing, a Conduct Board or Hearing Officer determines whether Respondent is responsible for the charged conduct and, if so, what sanction should be assigned from among those identified in Section V of these Procedures.

1. Hearing Panel Composition

a. Formal Hearing with Conduct Board

Except as provided below, a Formal Hearing will be conducted by a panel drawn from the Conduct Board. For each Conduct Board hearing, Student Conduct will appoint a Staff Advisor. The Staff Advisor will attend the hearing, manage the proceedings, and guide participants in all phases of the hearing but will not be a voting member or participate in the deliberations of the Conduct Board.

  1. For Formal Hearings involving any charge of academic misconduct, the Conduct Board will be comprised of one student, one faculty or staff member, and a Chair.
  2. For Formal Hearings involving any charge of non-academic misconduct under the Code of Conduct, the Board will be comprised of two Students and a Chair.

If the Respondent in a hearing before a Conduct Board is a graduate or professional Student, priority will be given to seating graduate or professional Students from within the Conduct Board as Student panelists. If graduate or professional Students are unavailable to serve as panelists, undergraduate students may be seated on the board.

b. Formal Hearing with Hearing Officer

In lieu of a Conduct Board, a Formal Hearing may be heard by an administrator designated by Student Conduct to serve as the Hearing Officer. Formal Hearings will be conducted before a Hearing Officer in the following circumstances: 

  1. When Respondent requests a Hearing Officer rather than a Conduct Board;
  2. When the case involves charges under the Alcohol Policy (if Respondent has charges under the Code of Conduct and the Alcohol Policy at the same time, the case will be heard by a Conduct Board, unless Respondent requests the case be heard by a Hearing Officer as provided in Section III.B.1.b.i above);
  3. The case arises at a time when a Conduct Board cannot be convened in a timely manner (such as semester breaks, times when there is lack of availability for the Board, or over the summer sessions); or
  4. The case involves charges that present an ongoing threat to the safety or well-being of the campus community.

2. Notice and Preliminary Meeting

Respondent shall be given notice of the Formal Hearing date at least ten (10) calendar days in advance, unless Respondent, in writing, requests or agrees to an earlier hearing date. Respondent shall be provided reasonable access to the case file prior to the hearing, including any evidence supporting the charge(s) and a list of potential Witnesses.

3. Facilitation of Hearing

The Staff Advisor or Hearing Officer shall manage and direct Formal Hearings, ensuring a fair and impartial proceeding, protecting the rights of the participants, and maintaining decorum. This includes authority to review the relevance and admissibility of information presented by any party, to screen questions by hearing participants for relevance, to regulate breaks during the hearing, to provide additional time to review evidence, to limit the length of testimony or presentation by any participant if the testimony or presentation is repetitious or irrelevant, and to remove any participant who is disruptive.

4. Impartiality and Disclosure

The Conduct Board and Hearing Officer are responsible for reviewing the charge(s) and evidence in a fair and impartial manner. Anyone aware of a matter that may preclude them from proceeding fairly or impartially shall make a prompt disclosure and recuse themselves from consideration of the matter.

If any party has a good faith basis to believe that a Conduct Board member or Hearing Officer would be unable to be fair and impartial, they may request, in writing or on the record of the hearing, that the individual be removed. The decision of whether a Conduct Board member should be removed for cause will be made by the Staff Advisor assigned to the Formal Hearing. Requests to remove a Hearing Officer will be determined by the Director of Student Conduct or the Vice Chancellor for Student Affairs. Decisions on a challenge to a Conduct Board member or Hearing Officer shall be made promptly and within five (5) calendar days. Student Conduct will appoint a replacement for any Conduct Board member or Hearing Officer who recuses themselves or is otherwise removed.

5. Formal Hearing Procedures

a. Presentation of Charges

The Staff Advisor or Hearing Officer will state the charge(s) at the beginning of the hearing. Prior to any presentation of evidence, Respondent may:

  1. accept responsibility for the charge(s) and proceed directly to consideration of sanctions,
  2. state that they are not responsible for the charge(s), or
  3. request that the Formal Hearing be postponed based on a violation of rights or other good cause.

A University representative designated by Student Conduct shall present the information supporting the charge(s) on behalf of the University. The University representative may be a faculty or staff member, Student, Complainant, or other individual appropriate to the needs of the case. During a Formal Hearing before a Hearing Officer, the Hearing Officer may present the information supporting the charge(s).

b. Evidence and Witnesses

Both the University representative and Respondent may submit evidence and call witnesses during a Formal Hearing. Formal rules of evidence or civil procedure shall not apply in any student disciplinary proceeding. Witnesses may be called to participate in the hearing or submit written statements.

  1. The University representative and Respondent have responsibility for identifying Witnesses they wish to call to the hearing.
  2. Witness information shall be shared with Student Conduct at least five (5) business days prior to the hearing to allow attendance notices to be delivered, unless a shorter time is approved in advance by Student Conduct for good cause. Student Conduct will deliver attendance notices to all Witnesses. Students, faculty members and other University employees who possess relevant information are expected to cooperate with a request to appear issued by Student Conduct.
  3. Written statements or testimony from Witnesses regarding the impact of Respondent’s conduct or Respondent’s character (e.g., reputation for honesty, academic achievements, leadership abilities) may be introduced only during the sanctioning phase of a hearing. In a case alleging conduct involving violence or physical harm to another, the Complainant may also provide an impact statement or testimony during the sanctioning phase.
  4. Conduct Board members or the Hearing Officer may take notice of commonly known information within the general experience of University Students, staff, and faculty members, if Respondent is informed of any such information and given an opportunity to address it at the hearing.
  5. The Staff Advisor or Hearing Officer may recess the hearing at any time if they determine that additional time is needed to allow any party a fair opportunity to review or respond to information presented during the hearing.
c. Recording of Hearings

Student Conduct is responsible for recording and maintaining a record of any Formal Hearing. No other recordings or broadcasts shall be permitted. The recording will be maintained with Respondent’s case file and will be available to Respondent as part of the record. Student Conduct may redact information related to the personally identifiable information of other Students or employees as may be permissible or required by law.

d. Deliberations

All deliberations for determining responsibility and, if necessary, sanctions, shall be held in private. The Staff Advisor and/or a representative of the Office of University Counsel may be present for the Conduct Board’s deliberations or be otherwise readily accessible. The role of the Staff Advisor or counsel is to inform the Conduct Board of applicable policies and procedures and answer procedural questions as needed. Neither the Staff Advisor nor counsel will participate in the deliberations or vote on the decision or sanctions. Deliberations are not recorded.

e. Determination of Responsibility

Responsibility shall be determined following the fact-finding phase of a Formal Hearing and prior to any sanctioning phase. The decision shall be based solely on the information presented during the Formal Hearing. The Conduct Board or Hearing Officer shall determine if the information establishes, by a preponderance of the evidence, that Respondent is responsible for each offense charged. In a Conduct Board hearing, a majority vote of the board members is required to find responsibility.

f. Determination of Sanctions

If Respondent is found responsible for one or more charges, the Conduct Board or Hearing Officer will proceed to a separate sanctioning phase for consideration of any information relating to what sanction(s) should be imposed. During the sanctioning phase, impact statements or character statements may be considered but are not binding on the Conduct Board or Hearing Officer.

Following consideration of any sanctioning evidence, the Conduct Board or Hearing Officer will select one or more sanctions from within those listed in Section V of these Procedures based on the sanctioning guidelines. Respondent’s past disciplinary history will be available during the sanctioning portion of the hearing only. In academic misconduct cases, an academic sanction recommendation may be provided as set forth in Section II.B.2.c of these Procedures.

g. Notice of Decision

At the end of each phase of the Formal Hearing, the Chair or Hearing Officer may provide the decision to the Respondent orally as part of the recorded hearing proceedings, unless circumstances necessitate delivery of the decision at a separate time from the hearing. In such circumstances, Student Conduct will promptly notify Respondent of the decision. A written Notice of Decision, including the determination of responsibility, sanctions (if any), and a summary of the evidence upon which the decision was based will be prepared by the Chair or Hearing Officer. The Notice of Decision will be provided within ten (10) calendar days from the date the Formal Hearing concludes, unless Student Conduct approves a longer period for good cause. Information on appeal procedures, if applicable, will be included with the Notice of Decision.

C. Student Instructor Alternative Resolution (SIAR)

In cases of alleged academic misconduct, a Student may be afforded an opportunity to engage in a SIAR. A SIAR is a voluntary, facilitated conversation between Respondent and an Instructor for allegations of academic misconduct. Student Conduct may determine a SIAR is an appropriate process to resolve an academic misconduct charge when the following conditions are met:

  1. The Student has no previous academic misconduct violations;
  2. Both the Instructor and the Student agree to resolve the matter through this informal resolution process, without proceeding to an Administrative Conference or Formal Hearing;
  3. The sanctions recommended by the Instructor are consistent with sanctioning guidelines set forth in these Procedures; and
  4. The Student, in writing, voluntarily accepts responsibility for the alleged violations, agrees to the proposed sanctions, and waives their right to appeal or further review.

If any of the above conditions are not met, the case shall proceed as otherwise outlined in these Procedures.

Student Conduct shall facilitate the scheduling of the SIAR and will appoint a neutral SIAR facilitator who shall be a trained member of the Conduct Board or a staff member designated by Student Conduct. Following the facilitated meeting, the proposed terms of any agreement will be returned by the SIAR facilitator to Student Conduct for final approval. The proposed agreement will be approved, unless Student Conduct finds any of the following, in which case the Student will be referred to an Administrative Conference or Formal Hearing:

  1. The conditions above were not satisfied;
  2. The recommended sanctions are substantially disproportionate to sanctions imposed in similar cases; or
  3. Respondent or Instructor was not aware of significant facts or circumstances that could reasonably impact the proposed resolution.

The decision of Student Conduct to approve or not approve a proposed SIAR is final and is not reviewable on appeal. If approved by Student Conduct, written resolution notice will be sent to Respondent and Instructor.

Once Respondent and Instructor complete the agreement of facts during the SIAR, the matter can only be referred to a hearing type in which the student accepts responsibility and does not challenge the previously agreed upon facts.

D. Large Scale Case Resolution (LSCR)

Where an incident involves five or more Students, Student Conduct may employ the Large Scale Case Resolution process as follows:

  1. If Student Conduct determines that sufficient evidence exists to charge each Student with a violation, it may pursue a proposed agreement with each Student separately. The Director of Student Conduct or designee will consult with a Chair of the Conduct Board to review the evidence and determine an appropriate sanction for the alleged violation to propose to each individual student. For cases involving academic misconduct, the Director may consult the Instructor for a recommended grade sanction.
  2. For each Student accepting the proposed agreement and sanction, the charge(s) will be resolved without further hearing. By accepting the agreement, the Student both agrees to accept responsibility for the charge(s) and to complete the proposed sanction. The Student further waives their right to a hearing and appeal.
  3. If a Student rejects the proposed agreement, the case will be referred for resolution in accordance with the process outlined in these Procedures.

E. General Provisions

Except where otherwise provided, the following provisions apply to all types of case resolution:

1. Joint Hearings

Charges against two or more Respondents involved in the same incident may be heard in a single Administrative Conference or Formal Hearing 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 Respondent, without justification, does not appear for or remain at a disciplinary conference or hearing, the proceeding may continue in Respondent’s absence. Respondent may not designate a representative (Student Advisor, attorney, non-attorney advocate, or other person) to attend a proceeding instead of Respondent and no representative of Respondent may participate in a proceeding if Respondent is not present, unless Student Conduct grants an exception for extraordinary circumstances (e.g., Respondent’s incapacity or serious illness).

3. Request for Postponement

Any request for postponement of a disciplinary proceeding shall be made promptly, in writing or stated on the record of the hearing, 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 disciplinary proceeding will be determined by the Director of Student Conduct or designee. A request made at or during an Administrative Conference or Formal Hearing will be determined by the Hearing Officer or Staff Advisor.

4. Disciplinary Proceedings Closed

Pursuant to UNC Policy Manual 700.4.1, disciplinary proceedings under these Procedures are closed to the public. Admission of any individual to an Administrative Conference or Formal Hearing beyond those expressly identified in these Procedures shall be at the discretion of the Hearing Officer or Staff Advisor.

IV. Non-Disciplinary Action

In certain circumstances, Student Conduct may utilize non-disciplinary action in addition to or in lieu of a formal charge.

A. Medical Amnesty

The University is committed to upholding behavioral standards as well as prioritizing Student safety. The University seeks to promote an environment where Students are not afraid to seek medical help due to the fear of disciplinary consequences from the University. With these priorities in mind, Student Conduct may defer or decline to initiate formal disciplinary action for violations of the Code of Conduct or the Alcohol Policy. Deferral means that disciplinary action is withheld pending completion of non-disciplinary conditions established by Student Conduct.

The following are situations in which Student Conduct 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 because of the consumption of alcohol or other drugs 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 or other drugs and reports the crime to law enforcement or a University official.

3. Reporting Party

A Student who has experienced or witnessed sexual violence, interpersonal violence, or other violation of the University's 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 official.

4. Caller or Support Person

A Student who calls on behalf of or accompanies an individual impaired by alcohol or other drugs, remains with that individual until assistance arrives, and fully cooperates with emergency responders.

If Student Conduct declines or defers disciplinary action under this section, a Student may be required to meet with a representative of Student Conduct or other University employee for the purpose of learning about available support, resources, educational counseling, or other non-disciplinary interventions as may be appropriate. In cases where disciplinary action is deferred and a Student does not complete any required non-disciplinary conditions, disciplinary action may be initiated.

Medical Amnesty may not apply to situations where medical attention is sought after the arrival of first responders (e.g., EMS, fire, police), University security (including student staff serving in authority roles), or other University faculty or staff (e.g., resident advisors or other housing staff). The University cannot provide 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.

B. Safe Harbor

Students who have an alcohol, drug, and/or other addiction problem are encouraged to seek help. If a Student brings their own use, addiction, or dependency to the attention of University officials for the purpose of seeking assistance (i.e., outside the threat of a drug test or conduct sanctions), Student Conduct will not initiate disciplinary action related to the Student’s personal consumption or use of alcohol or other drugs. Safe Harbor does not preclude disciplinary action for other prohibited conduct.

C. Parental Notification

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

D. Other Non-Disciplinary Intervention

In its discretion, Student Conduct 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 Respondent decline to engage in the alternative intervention process, Student Conduct may refer the case to one of the other conduct processes to address the alleged violation.

E. No Contact Orders

In appropriate circumstances, Student Conduct may implement a no contact order directing one or more Students to have no contact with other persons designated in the order. A no contact order restricts communication between the parties and may include oral, written, electronic, physical, or in-person contact, as well as contact made or attempted through a third party on behalf of the party to whom the order was given. Unless assigned as a sanction pursuant to Section V.F.6 of these Procedures, a no contact order is a non-disciplinary intervention. However, failure to comply with a no contact order may result in disciplinary action.

V. Sanctions

A. Sanctioning Principles

If Respondent is found responsible for violation(s) of the Code of Conduct or the Alcohol Policy, sanctions will be imposed as set forth in this section. In keeping with the educational mission of the University, 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.

B. Flexibility and Available Sanctions

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

C. Academic Sanctions

Academic sanctions are assigned for academic misconduct violations. As set forth in Section II.B.2.c, an Instructor may recommend a grade penalty to be imposed in a case of academic misconduct from among the options listed below:

  1. Failing grade for a specific exam or assignment. A failing grade on the specific assignment or exam in which the academic misconduct violation occurred.
  2. Failing grade on a component of the course. A failing grade in a component or aspect of the course in which the violation occurred.
  3. Reduction in final course grade. Reduction in the final course grade by at least one full letter grade or equivalent grade reduction in courses with a different grading scale (e.g., “Pass” to “Low Pass”).
  4. Failing grade in the course. A failing grade in the course reflected on the Student’s transcript. A failing grade in a course that results from an academic misconduct violation shall be designated an “XF.” A Student cannot remove or retroactively withdraw from a course for which they received a failing course grade as a sanction. No sooner than one full semester following assignment of an “XF” grade, a Student may petition Student Conduct to have the “X” notation removed from their transcript and the grade converted to “F.” The Student’s petition shall indicate satisfactory completion of a course of study or other educational requirement(s) focusing on academic integrity. A Student need not be enrolled in classes to petition to have the “X” designation removed. The “X” designation may not be removed from any future “XF” grade received after the first violation.

D. Disciplinary Sanctions for Students

The following sanctions are applicable to individual Students:

1. Written Warning

Formal written notice indicating that a Student’s behavior did not meet the requirements set forth in the Code of Conduct or Alcohol Policy and that if the Student is again found responsible for a conduct violation(s), more severe outcomes could result. A Student who receives a written warning remains in good standing with the University unless paired with a penalty of record.

2. Penalties of Record

Penalties of record are reflected on a Student’s academic transcript during the period they are in effect. A Student is not in good disciplinary standing while a penalty of record is active.

a. Disciplinary Probation

A status and formal recognition that a Student is not in good disciplinary standing with the University for a definite or indefinite period. Probation means that a Student may remain at the University but may be subject to additional conditions or restrictions on privileges or eligibility for activities. Further conduct violations or failure to complete any assigned conditions may result in additional disciplinary action, including, but not limited to, suspension or expulsion.

b. Disciplinary Suspension

A status is which a Student is removed from good standing and must leave the University for a definite or indefinite period. Suspension anticipates that the Student may return to the University after the period of suspension if applicable conditions are satisfied. While suspended, a Student is restricted from the University and may not be present on University Premises and may not enroll in or attend classes, reside in campus housing, or participate in Student Organizations or University-Sponsored Activities.

To re-enroll at the University, the Student must apply for readmission to the University through the appropriate process. Applicable health care or insurance benefits may be continued during suspension.

c. Permanent Suspension

A status in which a Student is permanently separated from the University and removed from good standing. The Student must leave the University permanently without an expectation of returning to UNC-Chapel Hill. The Student is restricted from the University and may not be present on University Premises; may not enroll in or attend classes; and may not participate in Student Organizations or any University-Sponsored Activities.

A Student permanently suspended from UNC-Chapel Hill is not barred from seeking admission to another UNC System university, if that university permits 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.   

d. Expulsion

A Student is permanently removed from good standing, separated from the University, and may not be admitted to any UNC System university. The Student must leave UNC-Chapel Hill permanently without an expectation of returning to any UNC System university. The Student is restricted from the University and may not be present on University premises; may not enroll in or attend classes; and may not participate in Student Organizations or any University-Sponsored Activities. Expulsion may only be imposed with the concurrence of the Chancellor.

e. Revocation of a Degree or Certificate

A Student may be found responsible for a Code of Conduct violation that occurred prior to conferral of a degree or certificate, but not discovered and/or reported until after the conferral date. In such a case, the Student’s degree or certificate may be rescinded, revoked, or delayed if the conduct for which the Student was found responsible would affect the integrity of the degree and the sanction is approved by the Chancellor.

E. Disciplinary Sanctions for Student Organizations

The disciplinary status of any Student Organization, including any sanctions imposed pursuant to these Procedures, may be posted on the Student Conduct website.

1. Warning

Formal written notice indicating that a Student Organization’s behavior did not meet the requirements set forth in the Code of Conduct or Alcohol Policy and that if the Student Organization is again found responsible for a conduct violation(s), more severe outcomes could result.

2. Group Probation

A status and formal recognition that a Student Organization is not in good standing with the University for a definite or indefinite period. Probation means that a Student Organization may continue to be recognized by the University but may be subject to additional conditions or restrictions on privileges or eligibility for activities. Further conduct violations or failure to complete any assigned conditions may result in additional disciplinary action, including suspension or revocation of the Student Organization’s status or affiliation with the University.

3. Group Suspension

A status in which a Student Organization’s recognition by the University is suspended for a definite or indefinite period. Suspension anticipates that the Student Organization may return to good standing if applicable conditions are satisfied. While on group suspension, a Student Organization may not receive University funding (including allocations of student activity fees); use the University’s name, logos, or branding; reserve or use campus facilities or resources; sponsor University programs or events; or participate in any activities that require a Student Organization to have University recognition and be in good standing. Group suspension may limit recruitment or addition of new members to the Student Organization.

4. Revocation of Recognition

Permanent revocation of a Student Organization’s affiliation or recognition by the University. Permanent revocation of recognition may only be imposed with the concurrence of the Chancellor.

5. Ratification of External Sanctions

In addition to or in lieu of any other sanctions, a requirement that a Student Organization complete any sanctions, conditions, or requirements imposed by a national, state, local, or University-based governing body (e.g., a fraternal organization or society) with authority over the Student Organization that is separate from the University recognition process. Student Conduct may provide written notice indicating support for sanctions imposed on a Student Organization by a governing body. A Student Organization may be required to submit documentation of compliance with sanctions imposed under this subsection.

F. Additional Sanctions

The following additional sanctions may be used alone or in combination with those listed above for Students and Student Organizations:

1. Educational Interventions

Educational interventions are assigned to educate Students and Student Organizations on why their actions were inappropriate, to promote responsible decision-making, and to provide an opportunity to learn from their mistakes.

  1. Administrative Follow-up. One or more required follow-up meetings with Student Conduct to evaluate educational progress and to provide ongoing support.
  2. Educational Assignment. Participation in an educational program or assignment as deemed appropriate to remedy the effects of the misconduct and prevent similar conduct from occurring in the future.
  3. Reflection. Completion of required activities as directed by Student Conduct demonstrating appropriate reflection on past misconduct and personal or organizational growth.
  4. Referral. A required follow-up with a campus partner or community agency. Referrals are typically made to connect Students with resources or to help Students manage issues that contributed to the violation. The Student will submit documentation of compliance.
  5. Drug or Alcohol Education. A Student or Student Organization 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. In addition, Students may be required to submit to regular drug testing. Refusal or failure to abide by such conditions and restrictions may result in additional disciplinary action, up to and including expulsion from enrollment or loss of University recognition.

2. Restitution

A monetary sanction imposed on a Student or Student Organization when there is a financial cost associated with the behavior.

3. Community Service

A required sanction in which the Student must complete a service learning experience for a designated amount of time under the guidelines provided. Student Conduct may require that the community service placement be approved in advance. The Student or Student Organization must provide documentation confirming the completion of community service.

4. Loss of Privileges

May be assigned for a definite or indefinite period, including, but not limited to, those relating to the following:

  1. Participation in athletic competitions or practices, attendance at campus events or athletic contests, or participation in University-Sponsored Activities or Student Organizations;
  2. Access to or use of University facilities, parking, equipment, or information technology;
  3. Removal from University housing and/or future prohibition from living on campus;
  4. Representation of the University, a Student Organization, or its affiliated organizations through leadership positions, internships, presentations, or otherwise;
  5. Receipt of awards, prizes, or other recognitions bestowed by the University (other than financial aid awards); and
  6. Other privileges as deemed appropriate to deter future misconduct.

5. Campus Restriction

Restricted from all or a portion of any University Premises or any University-Sponsored Program, activity, or related event, as specified in the Notice of Decision.

6. No Contact Order

Compliance with orders of no contact that limit access to specific University areas or forms of contact with particular persons.

7. Housing Sanctions

For Students living in campus housing, application of housing sanctions as set forth in the Community Living Standards of the housing contract.

8. Other Requirements

Where applicable, taking necessary steps to inform affected parties, correct misrepresentations, or otherwise remedy the effects of misconduct.

9. Other Sanctions

Any other appropriate sanction.

G. Repeat Violations

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

H. Minimum or Mandatory Sanctions

Where the University or the UNC System has established minimum or mandatory sanctions for certain offenses, the sanctions imposed under these Procedures will comply with those standards (e.g., the University's Illegal Drugs Policy).

I. Administration of 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.

a. Withdrawal Following Suspension or Expulsion

A Student will be withdrawn from any courses in which they are enrolled based upon the effective date of the sanction as indicated in the Notice of Decision. When a suspension or expulsion becomes effective during or after a semester or other term, a Student shall receive no credit for any courses undertaken or completed in the effective semester or term. A Student will be responsible for any financial obligations to the University based upon the effective date of the sanction and application of the University Tuition Schedule and other related policies.

b. Removal from University Premises

Students who have been suspended or expelled have 96 hours from the time the sanction becomes effective to depart from campus, including on-campus housing, unless a longer or shorter period is required based upon extraordinary circumstances or issues of campus safety.

c. Academic Credit During Suspension or Expulsion

Academic work completed at another institution during a period in which a Student is suspended or expelled may not be transferred toward a degree at UNC-Chapel Hill.

2. Reinstatement from Indefinite or Permanent Sanctions

a. Indefinite Probation or Suspension

An indefinite probation or suspension shall remain in effect until the end of the prescribed period, the completion of all associated conditions, and Student Conduct approves reinstatement based upon a written petition from the Student or Student Organization.

b. Reinstatement from Permanent Suspension or Expulsion

Permanent suspension and expulsion remain in effect until the Chancellor who approved the permanent suspension or expulsion (or their successor) concludes that the former Student should be given an opportunity to seek readmission to UNC-Chapel Hill. A Student who has been permanently suspended or expelled may petition for reinstatement no sooner than one calendar year from the effective date of the sanction or such other time as may have been provided in the Notice of Decision.

c. Reinstatement from Revocation of Recognition

Revocation of recognition remains in effect until the Chancellor who approved the revocation of recognition (or their successor) concludes that a Student Organization should be granted the opportunity to seek a return to recognized status at UNC-Chapel Hill. A Student Organization may petition for a return to recognized status no sooner than one calendar year from the effective date of the sanction or such other time as may have been provided in the Notice of Decision.

VI. Appeals

A. Grounds for Appeal

A Respondent who has been found responsible for a violation of the Code of Conduct or Alcohol Policy may appeal, except where Respondent has waived their right of appeal or a particular decision is not appealable as set forth in these Procedures. 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. 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, 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.

B. Appeal Petition

A written appeal petition must be submitted within ten (10) 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 Student Conduct. Written appeal petitions shall be submitted through an electronic form provided by Student Conduct, unless an alternate format is approved. The appeal petition shall include the following:

  1. The ground or grounds for appeal as set forth in Section VI.A of these Procedures,
  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 or authorized representative of a Student Organization that is appealing.

Respondent may be assisted in preparing the written appeal petition by a Student Advisor or a licensed attorney or non-attorney advocate, but any appeal petition must be signed by Respondent. 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, 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.

C. Record of Appeal and Review

A record of appeal will include all materials presented as part of the original disciplinary proceeding, as well as the recording of a Formal Hearing (if applicable), Notice of Decision, appeal petition, and any supporting documentation provided by 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. Student Conduct shall be responsible for compiling and delivering the appeal record.

For each appeal, the Vice Chancellor for Student Affairs shall designate an Appellate Officer to consider and decide the appeal. The Appellate Officer shall not have been involved in considering the case as a Hearing Officer or member of a Conduct Board. Student Conduct will provide the record of appeal to the Appellate Officer.

The Appellate Officer will consider the appeal based upon the 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 Respondent and/or request additional information, including testimony regarding alleged procedural violations, but is not required to do so. Any additional information requested by the Appellate Officer will be shared with Respondent who shall be provided 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 forty-five (45) 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 except as otherwise provided in Section 502 D(3) of the Code of the Board of Governors of the University of North Carolina and the University's Board of Trustees Procedures for Appeals.

VII. Disciplinary Records

A. Disciplinary Record

Records of all disciplinary actions and sanctions imposed pursuant to these Procedures will be maintained by Student Conduct. A Disciplinary Record related to an individual Student is confidential and is only accessible with the consent of the Student or as provided in FERPA, University or UNC System policies, and/or as required by law. Some or all of a Disciplinary Record for a Student Organization may be confidential if it contains personally identifiable Student information. Students may inspect and review their records in accordance with the University’s FERPA policies.

B. Findings of No Responsibility

Files and records of cases that result in no formal charges being initiated, a finding of no responsibility, or involve only non-disciplinary intervention shall not be considered or maintained as a Disciplinary Record. These records may be destroyed unless needed to complete administrative tasks (e.g., updating grade records) or to comply with legal or regulatory requirements.

C. Maintenance of Disciplinary Records

Disciplinary 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

D. Transcript Notations and Service Indicators

1. Pending Cases

A pending disciplinary action shall be noted as part of a Student’s transcript until the matter is concluded. A service indicator may be placed on a Student’s record restricting eligibility for graduation or access to an official copy of their transcript until the pending disciplinary action is resolved.

2. Penalties of Record

Sanctions of probation, suspension, permanent suspension, and expulsion shall be noted as part of a Student’s transcript while the sanctions are active and until all associated conditions have been completed. A service indicator may be placed on a Student’s record restricting eligibility for graduation, class registration, or access to an official copy of their transcript until the sanction is complete or lifted.

3. Incomplete Sanctions

If a Student fails to complete a sanction, a hold may be placed on the Student’s account restricting their eligibility for graduation or class registration until the sanction is completed.

E. UNC System Suspension/Expulsion Database

In accordance with UNC System policy, Students who have been suspended or expelled will be entered in the UNC Suspension/Expulsion Database. All UNC constituent institutions have access to the database for the purpose of assessing the disciplinary history of any Student seeking admission.

VIII. Implementation and Effective Date

The effective date of these Procedures is August 16, 2024. These Procedures are applicable to violations of the Code of Conduct or Alcohol Policy occurring on or after that date. Misconduct occurring and disciplinary charges pending before the effective date will be resolved under the policies and procedures in effect at the time, unless the Student or Student Organization agrees, in writing, to resolve their case under these Procedures.

End Notes

  1. In cases where a Respondent is assisted by a Student Advisor or non-attorney advocate and the offense charged is also the subject of criminal charges, a Respondent may be accompanied to any conference or hearing by a licensed attorney who may confer with Respondent during the proceeding so long as the attorney does not address the Hearing Officer or Conduct Board or any other party or Witnesses and so long as the attorney does not delay or disrupt the proceeding.

Definitions

  • Please see the terms defined in The Student Code of Conduct of The University of North Carolina at Chapel Hill.

Related Requirements

External Regulations

University Policies, Standards, and Procedures

Contact Information

Primary Contact

Name: Jonathan Sauls, Senior Associate Vice Chancellor for Student Affairs

Office: Office of the Vice Chancellor for Student Affairs

Telephone: 919-966-4045

Email: jsauls@email.unc.edu

Other Contacts

Name: Jenni Spangenberg, Director of Student Conduct

Office: Student Conduct

Telephone: 919-962-0805

Email: jspan@unc.edu

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