The UNC Policy
Manual
700.4.1.1[R]
Adopted 04/30/14
I. Purpose
This regulation clarifies how the
constituent institutions of The University of North Carolina (hereinafter, “UNC
constituent institutions”) will interpret and administer the requirements of
North Carolina General Statutes Section 116-40.11 (hereinafter, “Section
116-40.11”) regarding the participation of licensed attorneys and non-attorney
advocates (collectively, “Advocates”) on behalf of students and Student
Organizations in campus Disciplinary or Conduct Procedures, as defined herein.[1]
Nothing in this regulation shall be construed to create a right for any
student or Student Organization to be represented during a Disciplinary or
Conduct Procedure at public expense.
UNC constituent institutions encourage
character formation and development by asking students, as members of the
University community, to uphold the highest standards of personal behavior and
responsibility in all settings.
Disciplinary or Conduct Procedures at UNC constituent institutions are
designed to address violations of Disciplinary or Conduct Rules in a manner
that prioritizes student development and education. While Disciplinary or Conduct Procedures may
result in the imposition of sanctions in appropriate cases, the primary objectives
of these procedures are to uphold the highest standards of honor, integrity,
and personal responsibility; to encourage responsible choices concerning issues
such as alcohol use, the treatment of others, and sexual behavior; and to
promote student learning, safety, health, and well-being.
The emphasis upon student education
and growth as the primary objectives of the Disciplinary or Conduct Procedures
distinguish these campus-based processes from criminal or civil legal
proceedings.[2]
Campus Disciplinary or Conduct Procedures do not result in an
adjudication of whether a crime has occurred; such determinations can be made
only by the criminal justice system.
Consistent with these student learning and development objectives,
Disciplinary or Conduct Procedures at UNC constituent institutions remain
non-adversarial; reflect community values, university policies, and Board of
Governors standards; and provide for the respect and consideration of all
participants.
Each UNC constituent institution shall
establish its own specific rules and procedures for administering Section
116-40.11 in a manner that is consistent with the provisions of Section 700.4.1
of the UNC Policy Manual (entitled
“Policy on Minimum Substantive and Procedural Standards for Student
Disciplinary Proceedings”) and this regulation.
II. Definitions
As used within this regulation, the
following terms have the meanings provided below.
A. Academic Dishonesty – Any act that
constitutes cheating, plagiarizing, or knowingly misrepresenting the source of
information contained in work submitted by a student; or knowingly assisting
another in cheating, plagiarizing, or a knowing misrepresentation. Examples of Academic Dishonesty include, but
are not limited to: the use of another’s ideas or copying another’s work
without proper citation or acknowledgment; the use of any material assistance,
or collaboration that was prohibited or not authorized by an instructor in
taking a test or preparing a project or assignment to be submitted to an
instructor; or fabricating or falsifying information or data.[3]
B. Accused of a Violation – Occurs when a designated university official
brings a formal charge against a student or Student Organization to initiate a
Disciplinary or Conduct Procedure as described in paragraphs V.A. and VI.A., of
Section 700.4.1 of the UNC Policy Manual.
C. Disciplinary
or Conduct Rules – The code of student conduct of a UNC constituent institution
described in paragraph IV., of Section 700.4.1 of the UNC Policy Manual. Disciplinary or Conduct Rules do not include
the rules or codes of a UNC constituent institution governing academic
integrity, including professional or ethical standards associated with a
particular program of study, or Academic Dishonesty.
D. Disciplinary
or Conduct Procedure(s) – A hearing or other procedure during which a
designated university official, board, or panel considers information and/or
documentation in order to make a determination regarding whether a student or
Student Organization may have violated Disciplinary or Conduct Rules.
E. Student
Honor Court – A Disciplinary or Conduct Procedure board or panel that is
composed entirely of students who address whether a student or Student
Organization has violated a UNC constituent institution’s Disciplinary or
Conduct Rules.
F. Student Organization(s) – A student
group that has been officially recognized or sponsored by a UNC constituent
institution in accordance with the UNC constituent institution’s student
organization recognition policies.
III. Notice, Role, and Requirements of
Advocates in Disciplinary or Conduct Procedures
A.
Notice to Students and Student Organizations Accused
of a Violation
Any student or Student Organization Accused of a Violation of a
UNC constituent institution’s Disciplinary or Conduct Rules shall be notified
of the right to be represented by a licensed attorney or non-attorney advocate,
if applicable. Such notice shall be
transmitted in writing by the UNC constituent institution when the student or
Student Organization is initially Accused of a Violation, as defined herein, or
as soon as reasonably possible thereafter so that an Advocate may participate
in any campus-based Disciplinary or Conduct Procedure as provided by this
regulation.
B. Role
of Advocates in Disciplinary or Conduct Procedures
In accordance with Section 116-40.11,
students and Student Organizations at UNC constituent institutions who have
been Accused of a Violation of an institution’s Disciplinary or Conduct Rules
may be represented by an Advocate during any Disciplinary or Conduct Procedure,
except when the violation:
1.
Will
be heard by a Student Honor Court; or
2.
Is an
allegation of Academic Dishonesty, as defined by the UNC constituent
institution.
The
right to have an Advocate represent a student or Student Organization applies
when a student or Student Organization is initially Accused of a Violation, as
defined herein.
Consistent with this regulation and
the rules, policies, and/or guidelines governing a UNC constituent
institution’s Disciplinary or Conduct Procedures, an Advocate may fully
participate in such procedures to the extent and in the same manner afforded to
the student or Student Organization he/she represents. An attorney or other individual representing
the UNC constituent institution may participate in Disciplinary or Conduct
Procedures in which an Advocate represents a student or a Student Organization.
When scheduling Disciplinary or Conduct
Procedures, UNC constituent institutions will make reasonable efforts to
accommodate an Advocate; however, the availability of students or Student
Organization members; witnesses; the designated administrator, panel members,
or board members assigned to the matter; and other necessary participants as
well as the expectation to promptly complete the Disciplinary or Conduct
Procedure may, in the UNC constituent institution’s discretion, take priority
when determining the date and time for a Disciplinary or Conduct Procedure. Additionally,
an Advocate may not delay, disrupt, or otherwise interfere with a Disciplinary
or Conduct Procedure.
C. Requirements to Serve as an Advocate
During a UNC Constituent Institution’s Disciplinary or Conduct Procedure
In order
for an Advocate to represent a student or Student Organization in a
Disciplinary or Conduct Procedure, the student or Student Organization must
provide the office of the UNC constituent institution that administers the
Disciplinary or Conduct Procedure with the three (3) documents described
below. These three (3) documents must be
submitted within the timeframe established by the UNC constituent
institution. If the required documents
are not completed and submitted within the timeframe established by the UNC
constituent institution, the institution may, in its discretion, determine an
appropriate remedy, up to and including denying the participation of the
Advocate in the Disciplinary or Conduct Procedure.
1. Notice of representation.
(a) The identity of the Advocate;
(b) Whether the individual is a licensed
attorney or a non-attorney advocate; and
(c) An address, telephone number, and
email address where the Advocate can be reached.
2. FERPA
authorization.
In order for an Advocate to represent a student or Student
Organization during a Disciplinary or Conduct Procedure or to speak with an
official of a UNC constituent institution regarding the student or the members
of a Student Organization, the student(s) must complete and submit a written
authorization that meets the requirements of a valid consent as specified by
the Family Educational Rights and Privacy Act (FERPA).[4] Even if a student executes a valid FERPA
consent authorizing the Advocate to receive information or documents regarding
the student, the UNC constituent institution may at all times correspond
directly with the student or Student Organization. It is the student’s or Student Organization’s
responsibility to communicate and share information with the Advocate.
3. Certification by Advocate.
(a) The applicable
Disciplinary or Conduct Rules;
(b) Any additional rules, policies, or guidelines
that a UNC constituent institution has enacted for its Disciplinary or Conduct
Procedures, consistent with this regulation; and
(c) Section
700.4.1 of the UNC Policy Manual and this associated regulation.
IV. Training on Disciplinary or Conduct
Procedures
UNC constituent institutions shall
develop and provide training for students, Student Organizations, and
institutional staff to ensure that Disciplinary or Conduct Procedures are
conducted in a manner that is consistent with the provisions of the UNC Policy
Manual, this regulation, and any other rules, policies, or guidelines that the
UNC constituent institution has enacted for its Disciplinary and Conduct
Procedures.
V. Monitoring
Disciplinary or Conduct Procedures
UNC constituent institutions shall
monitor and track the number of cases affected by Section 116-40.11 and this
regulation during the course of an academic year and other information as may
be requested by the president or the president’s designee. Such data shall be collected annually by each
UNC constituent institution, and, upon request, shall be reported to the
president or the president’s designee.
[1]This regulation does not address any
rights a student may have under federal law, regulations or policy guidance to
have an Advocate or advisor present as part of any Disciplinary or Conduct
Procedure at a UNC constituent institution.
[2]For example, Disciplinary or Conduct
Procedures are not subject to the State or federal Rules of Evidence or the
State or federal Rules of Civil Procedure, although each UNC constituent
institution’s Disciplinary or Conduct Rules may specify applicable procedural
rules, including rules that govern the introduction and admission of evidence
or testimony, as well as rules governing any formal or informal exchange of
witness lists or documents that may be used at a hearing. As a result, information that might be deemed
“hearsay” or is otherwise inadmissible during a formal legal proceeding might
be considered by the designated university administrator, board, or panel.
[3]The UNC constituent institutions may
adopt their own definitions of Academic Dishonesty not inconsistent with this
regulation. See also N.C.G.S. § 116-40.11(a)(2).
[4]The office of the UNC constituent
institution that administers the Disciplinary or Conduct Procedure can supply
students with an approved authorization form that meets the elements of a valid
consent in accordance with FERPA.