Department of Athletics: Policy on Responding to the Arrest of a Student-Athlete

Unit Policy

Title

Department of Athletics: Policy on Responding to the Arrest of a Student-Athlete

A. Definitions

For purposes of this Policy, the definitions below shall apply.

1. "Department" or "Department of Athletics" shall mean the Department of Athletics of UNC.
2. "Policy" shall mean this Department of Athletics Policy for Responding to the Arrest of a Student-Athlete.
3. "UNC" or "University" shall mean the University of North Carolina at Chapel Hill.

B. Duty to Notify Department of Athletics of Arrest

A student-athlete who is arrested and charged with any criminal offense must notify the Department as quickly as possible, but in any event within 48 hours after his or her release from custody.

C. Athletic Participation as a Member of a UNC Varsity Sport Program

1. When a student-athlete is charged with a felony other than a Class I felony or a crime under the laws of another jurisdiction, which, if committed in North Carolina, would be classified as a felony other than a Class I felony, then absent extraordinary circumstances (as determined by the Director of Athletics in consultation with the Chancellor), the student-athlete will be suspended from participation in practice and competition of his or her UNC varsity sport program until the charges are dropped, dismissed, or otherwise resolved. When a student-athlete is charged with a Class I felony or a misdemeanor or a crime under the laws of another jurisdiction, which, if committed in North Carolina, would be classified as a Class I felony or a misdemeanor, then the student-athlete may, at the discretion of the Director of Athletics, be allowed to continue to practice and/or to participate in athletic competition as a member of his or her UNC varsity sport program. Each case will be decided on an individual basis, taking into account the known facts and circumstances, the seriousness of the alleged offense, any mitigating circumstances, and the extent to which the student-athlete cooperates fully with any Departmental investigation into the charges. In accordance with standard University procedures and those set forth herein, the Director of Athletics shall have discretion to recommend the elimination of the grant-in-aid for any student-athlete charged with a criminal offense.
2. Conviction or Plea of Guilty or Nolo Contendere to a Felony Other than a Class I Felony
   1. A student-athlete shall be permanently dismissed from his or her UNC varsity sport program if the student-athlete:
      1. Is convicted or enters a plea of guilty or nolo contendere to a felony in North Carolina other than a Class I felony; OR
      2. Is convicted or enters a plea of guilty or nolo contendere to a crime under the laws of another jurisdiction, which, if committed in North Carolina, would be classified in North Carolina as a felony other than a Class I felony; OR
      3. Is convicted or enters a plea of guilty or nolo contendere to any reportable conviction under the Sex Offender and Public Protection Registration Programs (Article 27A of Chapter 14, North Carolina General Statutes) or a crime under the laws of another jurisdiction, which, if committed in North Carolina, would be such a reportable conviction.
   2. A student-athlete permanently dismissed from his or her UNC varsity sport program pursuant to this Section may, at the discretion of the Director of Athletics, be allowed to retain his or her grant-in-aid for the balance of the academic year in which the conviction or plea occurs. The Director of Athletics shall also have the authority, however, to recommend the immediate elimination of the applicable grant-in-aid in accordance with standard University procedures and those set forth herein.
3. Conviction or Plea of Guilty or Nolo Contendere to a Class I Felony or a Misdemeanor
   1. A student-athlete may, at the discretion of the Director of Athletics, be permanently dismissed from his or her UNC varsity sport program if the student-athlete:
      1. Is convicted or enters a plea of guilty or nolo contendere to any Class I felony in North Carolina; OR
      2. Is convicted or enters a plea of guilty or nolo contendere to any misdemeanor in North Carolina; OR
      3. Is convicted or enters a plea of guilty or nolo contendere to a crime under the laws of another jurisdiction, which, if committed in North Carolina, would be classified in North Carolina as a Class I felony or misdemeanor.
   2. A decision regarding dismissal shall be made by the Director of Athletics on a case-by-case basis following his review of the known facts and circumstances, the seriousness of the offense, any mitigating circumstances, and whether the student-athlete cooperated fully with any Departmental investigation into the charges. A student-athlete permanently dismissed from his or her UNC varsity sport program pursuant to this Section may, at the discretion of the Director of Athletics, be allowed to retain his or her grant-in-aid for the balance of the academic year in which the conviction or plea occurs. The Director of Athletics shall also have the authority, however, to recommend the immediate elimination of the applicable grant-in-aid in accordance with standard University procedures and those set forth herein. If the Director of Athletics decides not to dismiss the student-athlete from his or her UNC varsity sport program and instead allows the student-athlete to continue to practice and/or participate in athletic competition as a member of such UNC varsity sport program, the student-athlete shall be allowed to retain his or her grant-in-aid.

D. Financial Aid Decisions after Charge, Arrest, or Conviction

1. A decision by the Director of Athletics to recommend termination of an existing grant-in-aid or non-renewal of a future grant-in-aid pursuant to this Policy will be referred to the Associate Provost and Director of the Office of Scholarships and Student Aid. This individual is the institutional officer with the authority to accept or reject the recommendation regarding the grant-in-aid.
2. In the event the Associate Provost and Director of the Office of Scholarships and Student Aid approves the recommendation of termination or non-renewal of a student-athlete's grant-in-aid, such student-athlete may pursue an appeal to the Chancellor's Committee on Scholarships, Awards, and Student Aid by notifying the Chancellor's Committee chair within 10 business days of such student-athlete's receipt of the Associate Provost's decision. The Chancellor's Committee shall hear the appeal as promptly as possible. Failure of the student-athlete to request an appeal within 10 business days following his or her receipt of the Associate Provost's decision will be considered a waiver of the appeal.

E. Basic Information about Types of Criminal Offenses

1. A Class I felony under the laws of North Carolina is a felony for which the maximum jail sentence is 24 months. The following are examples of Class I felonies: breaking or entering into a motor vehicle, issuing a bad check for an amount in excess of $2000, and possession of a gun or rifle on educational property.
2. Misdemeanors carry lesser penalties than Class I felonies. The following are examples of misdemeanors: possession of a fraudulent form of identification, hazing, theft of cable television service, disorderly conduct, disruptive public intoxication, and making a false report to a law enforcement officer.
3. Felonies other than Class I felonies carry higher penalties than Class I felonies. The following are examples of felonies other than Class I felonies: assault inflicting serious bodily injury, voluntary manslaughter, and possession of stolen goods.

Publication Details

Policy Number: 00084810

Date Last Reviewed: Spring 2020

Date of Next Review: July 2023

Responsible for Review: Executive Team Member with Oversight of Risk Management