Body
University Policy
Title
University of North Carolina at Chapel Hill Policy on Interim Action Relating to Student Conduct
Introduction
Purpose
The University of North Carolina at Chapel Hill (“University”) is committed to promoting a safe and secure learning environment in which students, faculty, and staff can live, learn, teach, and contribute to the University’s mission and goals. The University has established disciplinary and behavioral assessment policies and procedures designed to address matters of alleged Student misconduct. From time to time, the University is faced with situations where the alleged conduct of a Student or Student Organization poses a risk of ongoing danger or disruption requiring immediate action to mitigate such risk prior to the conclusion of related disciplinary proceedings. To address these situations and to fulfill the University’s obligation to promote a safe campus environment, this Policy on Interim Action Relating to Student Conduct (“Interim Action Policy”) has been established.1
Authority
The Board of Governors of the University of North Carolina delegates full authority for the regulation of student conduct to the Chancellor of the University.2 The Chancellor may further delegate this authority to University administrators or other officials. This Interim Action Policy is adopted pursuant to this authority. Responsibility for the implementation of this policy is delegated to the Vice Chancellor for Student Affairs and associated offices as set forth herein.
Scope
This policy applies to Students and Student Organizations. These terms may be used interchangeably so that Student or Student Organization may also be understood to refer to the other unless an express exception is made. The University may consider any conduct by Students or Student Organizations, whether occurring on- or off-campus, when assessing whether interim action should be implemented.
Relationship to other University Policies
The Interim Action Policy does not preclude other administrative action as may be assigned to particular University academic or administrative units (including, but not limited to, Carolina Housing, University Compliance Office, UNC Research, and Transportation and Parking) through their respective policies. Where conduct involves a Student acting in the capacity of University instructor or employee, such conduct may be addressed under applicable employment policies in addition to or in lieu of action under this Policy as determined by appropriate University officials in their sole discretion.
Policy
Policy Statement
A. Interim Action
Interim action may be taken by the University to protect the immediate health, safety, and welfare of the University and its members where it is assessed that the alleged behavior of a Student or Student Organization poses any of the following:
- a risk to the physical safety of another person, including members of the University Community;
- a risk of damage or harm to property of another, including University property; and/or
- a risk of significant disruption to University operations (including, but not limited to, disruption of academic or research activities, campus events, and/or residential living).
Interim action will be considered in cases involving allegations of the following:
- “Threatening Behavior” as defined by the UNC System’s Regulation on Behavioral Threat Assessment and Management Teams (UNC Policy Manual 1300.7[R])2
- Behavior involving physical violence or attempted acts of physical violence;
- Direct threats of harm to others and/or self;
- Possession or use of weapons in violation of University policies or applicable laws;
- Felony arrest of a student for a violation of state or federal law;
- Behavior involving harassment, stalking, or sexual violence;
- Possession, distribution, and/or sale of controlled substances;
- Hazing or other high-risk activities, including, but not limited to, activities in connection with membership or participation in a Student Organization;
- Behavior that willfully disrupts University operations in violation of University policies; and/or
- Other reported behavior that the University concludes poses an ongoing risk to the health, safety, and welfare of the University, members of the University Community, and/or University property, including failure to comply with interim actions imposed pursuant to this Policy.
For alleged conduct that falls within the scope of Title IX, its related regulations, and the University’s Policy on Prohibited Harassment, Discrimination, and Related Misconduct, the University Compliance Office (UCO) shall assess the alleged conduct and any potential interim action for compliance with all statutory or regulatory requirements. In the event of a conflict between this Policy and any statutory or regulatory requirement, the statutory or regulatory requirement will control.
B. Available Interim Actions
Interim actions under this Policy are not disciplinary penalties or sanctions, but safety interventions taken to protect the University Community while disciplinary, criminal or other administrative processes are pending. These actions may be used alone or in combination. Available interim actions include, but are not limited to, the following:
- Interim Separation: Interim separation of a Student for an indefinite period of time pending completion of any related disciplinary or criminal justice process and reinstatement to the University as provided in this Policy. While subject to an interim separation, a Student is restricted from the University and may not be present on University Premises or reside in campus housing. In addition, a Student may not participate in classes, academic programs (e.g., internships, externships, clinical rotations), student employment, Student Organizations, or University-Sponsored Activities in any format, except as may be specifically permitted.
- Interim Separation of a Student Organization: Interim separation of a Student Organization where University recognition of a Student Organization is suspended indefinitely, organizational activities are restricted, and the group is removed from good standing pending completion of any related disciplinary or criminal justice process and reinstatement as provided in this Policy. While subject to an interim separation, a Student Organization may not receive or utilize 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, except as may be specifically permitted. Interim separation may limit recruitment or addition of new members to the Student Organization.
- Medical Withdrawal: Mandatory medical withdrawal of a Student for a definite or indefinite period of time.
- Relocation or Removal from University Housing: Mandatory relocation to another housing unit or residence hall or removal from University housing.
- Specified Conditions: Specified conditions other than separation designed to mitigate potential risks to the University and/or members of the University Community. Examples of specified conditions include, but are not limited to, mandatory participation in case management and/or mental or behavioral health treatment, restrictions on activities or access to University Premises, restriction from in-person classes, and removal from a particular class or academic program (e.g., internship, clinical rotation, study abroad).
- No Contact Order: Compliance with orders of no contact that limit access to specific University areas or forms of contact with particular persons.
- Administrative Referral for Evaluation: Referral of a Student to be evaluated by Counseling and Psychological Services, or another mental health provider, at the University’s expense. The University may consider the observations and recommendations of any such evaluation as part of its assessment of the appropriateness of interim action. The University may also consider the observations and recommendations offered by a mental health professional retained by the Student at their expense. In neither case shall the University be bound to accept or implement such recommendations.
- Denial or Revocation of Admission: A determination that an applicant not be considered for admission due to the Student’s behavioral history or, if admitted, but prior to enrollment, that the Student’s admission to the University be rescinded.
- Disciplinary Referral: Referral of a Student or Student Organization to an appropriate campus disciplinary authority (e.g., Student Conduct, University Compliance)
- Other Interim Action: Any other interim action or administrative remedy that is reasonable and appropriate under the circumstances of the individual case.
Students or Student Organizations failing to comply with assigned interim actions are subject to further review and action up to and including interim separation, as well as referral for separate disciplinary action for non-compliance.
A Student placed on interim separation or mandatory medical withdrawal may be on University Premises only as expressly permitted by the Vice Chancellor for Student Affairs or their designee, such as to attend disciplinary meetings or hearings or to meet with a medical provider or other designated University official. A Student coming to campus for one of these reasons must obtain written permission in advance and immediately leave University Premises at the end of the meeting.
C. Action Assessment and Review
1. Initial Assessment of Interim Action
Upon receipt of a report of alleged conduct subject to this Policy, a designated Administrator (Chancellor, Vice Chancellor for Student Affairs (“Vice Chancellor”), or designee3) shall conduct an individualized assessment to determine whether interim action should be taken pursuant to Section II.A. The Administrator may:
- Refer the matter for evaluation by the Carolina Behavioral Assessment and Management (“CBAM”) Team as provided in the University’s Behavioral Threat Assessment Policy. CBAM may make recommendations regarding interim separation or other non-disciplinary interim actions which may be adopted and implemented by the Administrator under this Policy;
- Inform the Student or Student Organization whose behavior is at issue that the matter is under review for potential interim action. Following this notice, the Student or Student Organization shall have an opportunity to provide additional information, in writing, within five (5) business days or such shorter time as the Administrator may determine based on the specific case and the potential level of risk. The Administrator may also request to meet with the Student or a representative of the Student Organization before determining what, if any, interim action is warranted; and/or
- Take immediate interim action without prior notice if, in the Administrator’s discretion, the circumstances require emergency interim action to mitigate risk to the University, its members, and/or its property. When emergency interim action is taken, the Student or Student Organization shall have an opportunity to request modification or removal of the interim action and provide additional information, in writing, within five (5) business days. The Administrator may also request to meet with the Student or a representative of the Student Organization. Following this additional review, the Administrator may affirm, modify, or withdraw the emergency interim action.
Interim actions may be initiated prior to, during, or after any associated disciplinary, criminal, or administrative proceedings.
When determining whether interim action should be taken, the Administrator may request, collect, and consider any relevant information from any available source, including, without limitation, copies of police records and court documents, records or written summaries of information maintained by University personnel or departments, written statements, oral testimony, publicly available information (e.g., social media), and interviews with relevant parties. The Administrator may also consult with other University personnel. Formal rules of evidence shall not apply. Information gathered as part of the assessment for interim action may be provided to Student Conduct, UCO, or other campus units with responsibility for resolving alleged violations of University policies for use in any subsequent investigation or disciplinary process, regardless of whether that unit had formally initiated a disciplinary process prior to the interim action assessment.
Based on a review of the available information, the Administrator shall determine whether there is a reasonable basis to conclude that the alleged conduct poses a risk as set forth in Section II.A. If so, the Administrator shall take such interim action(s) as may be reasonably necessary to mitigate the risk from among those actions identified in Section II.B.
2. Presumption of Interim Separation
In accordance with UNC System policy4, interim separation shall be presumed to be the appropriate interim action when a Student has been charged with certain felony offenses, including any felony that involves harm or the threat of harm to persons or property, such as assault or the use of force against a person, possession of a weapon on campus, communicating a threat of mass violence on educational property, inciting a riot, assault on emergency personnel, an act of terrorism, or other similar felonies as defined in any state or federal law.
3. Notice of Interim Action
The Administrator shall promptly notify the Student or Student Organization in writing of any interim action that is taken, including the specific requirements of the interim action and any right of appeal.
The Administrator may disclose the outcome to other individuals as required or permitted by the Family Education Rights and Privacy Act (FERPA) or other applicable statute or regulation.
4. Right to Appeal
When the Administrator determines that denial or revocation of admission, interim separation, or a mandatory medical withdrawal is an appropriate interim action, the Student or Student Organization may appeal to the Chancellor. The decision of the Chancellor shall be final. If the Chancellor, acting as the Administrator, independently imposes an interim separation or mandatory medical withdrawal based on review of the available information, the Chancellor’s decision shall be final. No appeal is permitted from interim actions that do not involve separation from the University.
An appeal of an interim action will only be considered on the basis that (1) the outcome was unreasonable or (2) that there was a material violation of the procedures set forth in this Policy that affected the final outcome. Any appeal shall be in writing and state the specific basis and factual support for the appeal. Any appeal must be submitted within five (5) business days of the Notice of Interim Action. Review of the appeal will be based on the written appeal petition, any accompanying documentation, and the record of the case compiled by the Administrator. Because interim actions are based on safety considerations that necessarily evolve, new or updated information not available to the original Administrator may also be considered. A meeting with the Student or a representative of the Student Organization may be held at the sole discretion of the Chancellor.
An interim separation or mandatory medical withdrawal remains in effect pending a decision on the appeal. The Chancellor shall determine if the original outcome is reasonable based on the totality of the available information. If the Chancellor determines that the interim actions are reasonable or that there was no material violation of the procedures set forth in this Policy that affected the final outcome, the original outcome will be affirmed. If the Chancellor determines that the interim actions are unreasonable or that there was a material violation of the procedures set forth in the Policy that affected the final outcome, the original interim actions will be modified or removed.
5. Modification of Interim Action
Modification or removal of interim actions under this Policy will generally be considered only after completion of all related disciplinary and criminal proceedings. However, the Administrator may modify or remove an interim action at any point if there is a material change in circumstances (e.g., significant new information). The decision of whether to modify or remove interim actions based on a change in circumstances is discretionary and not appealable.
6. Petition for Reinstatement or Removal of Interim Action4
A Student or Student Organization may petition for removal of interim actions following completion of all related disciplinary and criminal proceedings. A petition for reinstatement shall be in writing and include a summary or documentation of the outcome of any disciplinary or criminal cases, including, as appropriate, the eligibility of the Student or Student Organization to return to the University. As needed, the Administrator may request additional information from the Student or Student Organization when determining whether the petition for reinstatement or removal of interim actions should be granted.
A former Student who has been placed on interim separation and wishes to return to the University must also apply for readmission to the University in accordance with requirements for their school or college. A former Student who has been medically withdrawn must follow the University procedures for readmission and obtain clearance by Campus Health or Counseling & Psychological Services.
7. Interim Action Not Evidence of Responsibility for Alleged Conduct
The decision to impose interim actions shall not be considered a final disposition of a Student’s responsibility for a violation of the Student Code of Conduct or any other University policy or of any criminal charge, nor shall interim actions be considered as evidence of whether a Student is responsible or not responsible for any alleged violation. However, information gathered as part of the interim action assessment may be considered as part of the university’s disciplinary or other related administrative processes.
8. Participation by Attorneys, Non-Attorney Advocates, and Affected Parties
A Student or Student Organization may select one attorney or non-attorney advocate to represent them during the interim action process, including accompanying the Student or representative of a Student Organization to any meeting or hearing under this Policy. The attorney or non-attorney advocate is permitted to participate in the process to the same extent as the Student or Student Organization. If a Student or Student Organization elects to have an attorney or non-attorney advocate, it shall be at their own initiative and expense. The Student or Student Organization representative must provide written consent authorizing participation of the attorney or non-attorney advocate.
In certain circumstances, reporting parties or other impacted individuals have a legal right to participate in interim action proceedings, including, but not limited to, providing direct evidence or attending meetings. In some circumstances as set out in applicable policy, reporting parties may have the option to select one attorney or non-attorney advocate to represent them. In accordance with applicable statutes and regulations, the Administrator shall notify affected parties of their right to participate and, if appliable, of their right to have an attorney or non-attorney advocate.
The Administrator and other University personnel will communicate and correspond directly with the Student or Student Organization. It is the responsibility of the Student or Student Organization to communicate and share information with their attorney or non-attorney advocate.
D. Implementation and Records of Interim Action
The Dean of Students Office shall be responsible for implementing all interim actions imposed and maintaining all records relating to cases reviewed under this Policy. Students assigned an interim separation or mandatory medical withdrawal will be withdrawn from the University following expiration of the 5-day appeal period or the date when the appeal is concluded if the interim action is affirmed. Students withdrawn from the University will receive a refund in accordance with the refund schedule published on the UNC Cashier website.
If a Student is placed on interim separation, that status will be entered as a notation on the Student’s academic record during the period that the interim separation is in place. Interim separation may also be recorded in the UNC System’s suspension/expulsion database. If a student is placed on a mandatory medical withdrawal, it will be noted on the Student’s transcript in the same way as any other medical withdrawal.
Definitions
Administrator: As used in this Policy, Administrator refers to the University official designated to review reported conduct and determine if interim action should be taken pursuant to this Policy. The Administrator may be the Chancellor, Vice Chancellor for Student Affairs, or any University official designated to act on their behalf.
Student: For purposes of this Policy, the term "Student" means any of the following5:
- a person who has applied for admission into any academic program of study at the University;
- 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; participating in study abroad programs, engaged in for-credit research, or participating in University-sponsored clinical training activities; or
- a person participating in any pre-matriculation orientation programs.
Student Organization: Any recognized group affiliated with or supported by the University or a University administrative unit (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 involving two or more members who are students enrolled at The University of North Carolina at Chapel Hill, whether or not officially recognized or directly affiliated with the University.
Threatening Behavior: Any communication or action, including action that is the subject of criminal charges, whether occurring on-campus or off-campus, that indicates that an individual may pose a danger to the safety or well-being of any member of the University community, including the individual engaging in the threatening behavior, through acts of violence or other behaviors that may reasonably cause fear of or harm to persons or property or substantially interfere with or disrupt the educational mission of the University. These behaviors may be expressed or communicated orally, visually, in writing, electronically, or through any other means and may be considered threatening regardless of whether a direct threat is expressed or was received by the intended audience or believed by the intended audience.
University: The University of North Carolina at Chapel Hill and all of its undergraduate, graduate, and professional schools and colleges, and administrative units.
University Community: The University Community includes all students, faculty, and staff of The University of North Carolina at Chapel Hill. It also includes guests of the University, campus visitors, clients/patients served by Students, and individuals participating in University-sponsored events or activities (e.g., clinical rotations, internships) whether on- or off-campus.
University Premises: Buildings, property, or grounds owned, leased, operated, controlled, or supervised by the University.
End Notes
- The Policy on Interim Action Relating to Student Conduct replaces the former Emergency Evaluation and Action Committee Policy and Procedures (“EEAC Policy”). Matters arising under the EEAC Policy that require subsequent review after the effective date of the Interim Action Policy (e.g., requests for reinstatement or requests for modification of interim actions) will be considered as provided in this Policy.
- The Code of the University of North Carolina, Section 502D(3), provides: "Subject to any policies or regulations of the Board of Governors or of the Board of Trustees, it is the duty of the Chancellor to exercise full authority in the regulation of student affairs and student conduct and discipline. In the discharge of this duty, delegation of such authority may be made by the Chancellor to faculty committees and to administrative or other officers of the institution, or to agencies of student government, in such manner and to such extent as may by the Chancellor be deemed necessary and expedient."
- As used in this Policy, all references to “Chancellor” or “Vice Chancellor” also includes individuals designated to act on their behalf.
- The UNC Policy Manual, 1300.7[R], Section V.2
- A Student who has not yet matriculated remains subject to applicable admissions policies in addition to or in lieu of this Policy. In accordance with UNC System Policy, the University must make an individualized assessment of information regarding behavior that “suggests that the applicant will pose a significant threat to campus safety.” If the University determines there is a significant threat, a Student’s admission must be denied or withdrawn. (UNC Policy Manual 700.5.1[R]). This Policy addresses only a Student’s behavioral history. The appropriate admissions office is responsible for evaluating an applicant’s academic and other qualifications. Rights to appeal from a decision denying or withdrawing admission will proceed in accordance with the policy under which the decision was rendered.
Related Requirements
External Regulations
University Policies, Standards, and Procedures
Contact Information
Primary Contact
Name: Amy Johnson, Vice Chancellor for Student Affairs
Office: Office of the Vice Chancellor for Student Affairs
Telephone: 919-966-4045
Email: amyjohns@email.unc.edu
Other Contacts
Name: Jonathan Sauls, Senior Associate Vice Chancellor
Office: Office of the Vice Chancellor for Student Affairs
Telephone: 919-966-4045
Email: jsauls@email.unc.edu
Name: Desirée Rieckenberg, Dean of Students
Office: Office of the Dean of Students
Telephone: 919-966-4042
Email: desireer@unc.edu