Chapter 700 Student Matters

701. Code of Student Conduct

Authority
Jurisdiction
Definitions
Non-Academic Misconduct
1. Reports of Non-Academic Misconduct
2. Student Disciplinary Process
3. Hearing Procedures
4. Hearing Body
5. Code Violations
6. Sanctions
7. No Contact Orders
8. Appeals
Academic Misconduct
1. Definition
2. Acts of Academic Dishonesty
3. Filing of and Response to Acts of Academic Dishonesty
4. Academic Integrity Board
5. Hearing Procedures
6. Determination of Responsibility
7. Sanctions
8. Appeals
Other Code Provisions
1. Confidentiality of Proceedings and Student Records
2. Section 504 of the Rehabilitation Act and Americans with Disabilities Act
3. Freedom of Expression and Speech
4. Violations Occurring the Last Thirty Days of a Semester or During Summer School
5. Attorney/Advisor Attendance or Participation
6. Disciplinary Records
7. Notice
8. Final Interpretation of the Code

CODE OF STUDENT CONDUCT

I. AUTHORITY

The Code of the Board of Governors of the University of North Carolina provides to the Chancellor of Fayetteville State University (University) the “full authority in the regulation of student affairs and in matters of student discipline. ” This responsibility may be delegated to certain University administrators and committees. However, the Chancellor may intervene directly in any matter when deemed necessary. Except for such intervention, no offense shall be recognized, nor sanction imposed on any student except as provided in this Code of Student Conduct (Code).

II. JURISDICTION

The University reserves the right to take necessary and appropriate action to protect the safety and well-being of its campus community. This Code applies to all undergraduate and graduate students as defined below. The University’s jurisdiction and conduct processes shall be limited to behavior which occurs on University premises, at University- sponsored events or at other off-campus locations if the conduct adversely affects the University community and/or the pursuit of its objectives as determined by University officials

A student whose conduct has been found to be in violation of established University policies and regulations may also be subject to appropriate actions by individual University offices which may or may not give rise to a formal charge under the Code. In addition, an incident may result in criminal or civil charge as well as a University disciplinary action. Unless otherwise provided by law, University disciplinary proceedings and court proceedings may occur concurrently. University proceedings, investigations, and resolutions shall be prompt, fair, and impartial.

The University also reserves the right to dismiss any student prior to his or her enrollment by rescinding that student’s admission, without a hearing, upon a finding of cause to do so. Such a finding shall be an administrative decision rendered by the Provost or the Vice Chancellor for Student Affairs or his or her designee.

III. DEFINITIONS

Academic Integrity Board (AIB) shall mean the board composed of students and faculty who address whether a student has violated the University’s the academic dishonesty policy of the Code.
Administrative Hearing Body shall mean the trained hearing officer, or panel of trained hearing officers, who will make determinations of responsibility and preside over hearings referred through the Prohibited Sexual Conduct Policy and other cases as determined by the Director of Student Conduct. Students may not serve as members of the Administrative Hearing Body. Additionally, the Administrative Hearing Body will serve as the hearing body for all non-academic misconduct, by the same Respondent, arising out of the same situation of the misconduct that is governed by the Prohibited Sexual Conduct Policy. The Title IX Coordinator (or deputy or investigator) may not serve on the Administrative Hearing Body.
Alcohol shall be defined as malt beverages, unfortified wines, fortified wines, spirituous liquor and/or mixed beverages.
Associate Vice Chancellor shall mean the Associate Vice Chancellor for Student Affairs whose duties include, but are not limited to, making a determination or recommendation for non-academic misconduct sanctions.
Assistant Vice Chancellor shall mean the Assistant Vice Chancellor for Student Affairs who is involved in the reconsideration of no-contact orders.
Business days shall mean days when the University is open for business.
Campus Appearance Ticket (CAT) shall mean a document which contains a specific report of misconduct against a student issued by a University police officer. It is given to a student to notify the student of a complaint that has been made against the student. A CAT may be issued in lieu of a uniform citation for violations of the NC General Statutes. If the misconduct is also a serious criminal offense, the CAT will be issued in addition to affecting an arrest and/or criminal citation.
Code shall mean the University Code of Student Conduct.
Compelling new evidence shall mean evidence that must not have been available to the student or not known or reasonably discoverable by the student at the time of the hearing.
Complainant shall mean an individual or individuals making a report of misconduct against an individual or a group of individuals. In cases governed by the Prohibited Sexual Conduct Policy, the alleged victim is considered the Complainant.
Director of Student Conduct (“Director”) shall mean the University official whose responsibilities shall include, but not be limited to, reviewing reports of misconduct, determining whether to bring a formal charge, interviewing and advising parties involved in non-academic misconduct proceedings on matters pertaining to the Code, maintaining student non-academic misconduct records, and providing support to the non-academic misconduct hearing bodies.
Expulsion shall mean permanent dismissal from the University, unless at a later date the University concludes on the basis of the former student’s petition and any supportive documentation that the individual should be given a new opportunity to pursue higher education. A former student who has been expelled from one constituent institution of the University of North Carolina may not be admitted to another constituent institution, unless and until the sanction of expulsion has been rescinded by the institution that imposed the sanction.
Formal charge shall refer to the written accusation of a violation of the Code made by the Director of Student Conduct. The Director shall issue a formal charge in the following situations:
1. if the Director believes that the report of misconduct may have merit; or
2. if the Title IX Office forwards to the Director an investigatory report regarding a violation of the Prohibited Sexual Conduct Policy.
The formal charge is not a determination of whether the student should be held responsible. The formal charge will initiate a formal non-academic proceeding by the University against a student or student organization alleging that the student or student organization has violated the Code.
Institution and/or University shall mean Fayetteville State University and all of its academic and administrative units.
Member of the Campus Community shall mean a University employee or student.
Provost shall mean the Provost and Vice Chancellor for Academic Affairs who is the University’s chief academic officer.
Report of misconduct shall mean a written complaint of a non-academic infringement of the Code that is made by anyone other than the Director of Student Conduct.
Respondent shall mean any University student or student organization who must answer or respond to a report of misconduct or formal charge. “Respondent” shall also refer to a faculty member who responds to a student’s appeal of an academic dishonesty charge.
State, Federal, or Local Law shall mean any rule or system of rules adopted by any federal, state or local agency, institution, organizational, legislative, judicial, or governing body. State, Federal, or Local Law shall include, but not be limited to, any statute, legislation, regulation, policy, ordinance, order, executive order, procedure, or any other rule.
Student shall mean any person who has accepted admittance to the University for student status and who is currently registered or enrolled as an undergraduate or graduate student or certificate program participant, whether matriculating or non-matriculating, fulltime or part-time, resident, distance-learning, or commuter, paid or delinquent. Such a person shall also be considered a “student” during intersession/ summer periods and University sponsored commencement events in which he or she is a participant.
Student Conduct Board (SCB) shall mean the disciplinary procedures board composed of students who address whether a student or student organization has violated the University’s non-academic misconduct policy of the Code. The SCB shall not determine responsibility in cases governed by the Prohibited Sexual Conduct Policy.
Student organization shall mean a student group that has been officially recognized or sponsored by the University in accordance with the policies and guidelines of the University’s Division of Student Affairs.
University official shall include any University employee exercising their assigned duties.
University premises means buildings or grounds owned, leased, operated, managed, controlled or supervised by the University.
University sponsored activity shall mean any activity or event on or off campus which is initiated, aided, authorized or supervised by the University.
Vice Chancellor shall mean the Vice Chancellor for Student Affairs.
Weapon shall mean any object or substance designed or used to inflict a wound, cause injury, or incapacitate, including, but not limited to, a BB gun, air rifle, air pistol, hand gun, rifle, pistol, shotgun, or firearm of any kind , dynamite cartridge, bomb, explosive, fireworks of any kind, hazard materials of any kind, grenade, mine or powerful explosive, knife (including, but not limited to a Bowie knife and switchblade knife), machete, dirk, dagger, sword, sling shot, leaded cane, switch blade knife, blackjack, metallic knuckles, stun gun, paint gun, bullet(s), razors and razor blades (except solely for personal shaving) and any sharp pointed or edged instrument (e.g., box cutters) and chemicals such as tear gas.

IV. NON-ACADEMIC MISCONDUCT

A student’s non-academic behavior on- or off-campus may be subject to disciplinary action as outlined below.

Reports of Non-Academic Misconduct
1. Individual Student
  
  A report of non-academic misconduct may be made against a student by any person. A report of non-academic misconduct is not considered a formal charge.
  
  Reports of non-academic misconduct may also be filed as a result of, or during a conduct process which may result in a separate formal charge and hearing.
  
  A person who files a report will be required to cooperate as required by the Director and appear and testify at any proceeding related to the report.
  
  A report of non-academic misconduct may be by any method allowed by the Director which may include, but not be limited to, either of the following methods:
  1. Campus Appearance Ticket (CAT).
    A CAT is a document issued by the University’s Police and Public Safety Department (University Police Department) when a police officer believes that a student has committed an act(s) in violation of the Code and/or other University policies. The University Police Department may amend a CAT to reflect additional violations or a more accurate description of an initial violation.
  2. University Incident and Student Complaint Form.
    Anyone may report misconduct against a student by completing a report through Maxient, the University’ s electronic student conduct system. The form can be submitted online at https://cm.maxient.com/reportingform.php?FayettevilleStateUniv. The form must be submitted within five (5) business days of the alleged incident. Upon good cause, the Director may extend this deadline.
2. Student Organization
  
  A report of misconduct may be made against a student organization by a member of the campus community or the external community. Such reports shall be directed to the Director.
  
  Except when exempted by the Director, the report must be in writing, signed and dated and should include sufficient detail as to provide an understanding of the issues involved (i.e. name of the complainant, date, time and place of the incident, names of individuals involved , description of events and circumstances, and names of witnesses). If the complainant wishes to make an anonymous report of misconduct, the complainant should provide his or her address and telephone number on a document that is not attached to the report.
  
  The Director will make every effort to inform the student organization of the report of misconduct within ten (10) business days following receipt of the written report.
3. Reports Involving Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence and Sex-Based Stalking by a Student
  
  The University is committed to fostering a safe campus environment where sexual harassment, sexual misconduct, domestic violence, dating violence, and sex-based stalking are unacceptable and are not tolerated. In keeping with this commitment, the University has implemented a Prohibited Sexual Conduct Policy prohibiting such misconduct by a student or employee against a student, employee, or other person attempting to access a University program or activity. The purpose of the policy is to protect the rights of a victim, as well as the rights of a Respondent. Most reports of sexual harassment, sexual misconduct, dating violence, domestic violence, and sex-based stalking by a student against a student, employee, or other individual seeking to access a University activity or program will be investigated as required by the Prohibited Sexual Conduct Policy. Adjudications of responsibility shall meet the requirements of that policy as well as the Code.
  
  The following allegations shall not be resolved under the University’s Prohibited Sexual Conduct Policy and may be resolved under the normal Code procedures:
  1. When a Complainant chooses not to file a formal complaint with the Title IX office and the Title IX Coordinator declines to file on behalf of that Complainant,
  2. When a Complainant is not participating in or attempting to participate in a University education program or activity,
  3. When allegations occurred outside the United States, and/or
  4. When incidents did not occur as a part of a University program or activity.
    [Note: The Director should make the Title IX coordinator aware of these complaints. Such complaints against students may be resolved under the Code of Student Conduct provisions as determined by the Director].
Student Disciplinary Process
1. Interim Actions
  
  The University may take one or more interim actions to safeguard the University community before a student conduct process begins or is completed. Interim actions may be imposed effective immediately, without prior notice, when, in the University’s judgment, there is a need to implement an individualized response based on the status of the student, the seriousness of the alleged violation(s) of the Code and/or the potential for an ongoing threat or disruption to the University community.
  1. Interim Suspensions (Individual Student). Interim suspensions may be imposed based upon the following:
    - The student poses an ongoing threat of disruption of, or interference with, the normal operations of the University; The student poses a threat of causing physical harm to others or of placing others in fear of imminent danger; The student poses a threat of causing significant property damage;
    - The student threatens the safety or well-being of the campus community;
    - The student has been charged with a violation of the University’s Illegal Drugs and Alcohol policy; or
    - The student has been charged with sexual misconduct, domestic violence, dating violence, or stalking. Interim actions governed by the Prohibited Sexual Conduct Policy must also meet the requirements of the Interim Action provision of that policy.
  Imposition of Interim Suspension. The Vice Chancellor, in consultation with other university officials, may impose an interim suspension. Such interim suspension shall become immediately effective without prior written notice. The Director will notify a student of the report of misconduct against him or her when the interim suspension is initially imposed. A formal charge shall be filed as soon thereafter as practical in accordance with the Code.
  
  Process for Appeal. Within five (5) business days from the effective date of the interim suspension, the student may make a written request that the Vice Chancellor reconsider the interim suspension based upon the following issues only:
  - Whether the allegation(s) concerning the student’s conduct is based upon reliable information; and,
  - Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the University premises poses a substantial threat.
  The written request must contain specific and sufficient information to support the student’s contention. If no review of the interim suspension is requested, the student shall remain on interim suspension.
  
  If a review is requested, within five (5) business days of receiving the student’s request, the Vice Chancellor shall consider the information submitted and provide the student, in writing, the Vice Chancellor’s decision.
  
  Interim suspensions shall remain in effect unless the Vice Chancellor lifts the interim suspension, sanctions are imposed under this Code, or a decision of non-responsibility is issued by the University.
  
  Restrictions Imposed During Interim Suspension. During the interim suspension, the student shall be denied access to University premises, including residence halls. The student may not attend University classes, engage in University activities on- or off-campus or receive any privileges for which the student might otherwise be eligible. A student found on University premises after an interim suspension has been imposed will be issued a trespass citation by the University Police Department and may be subject to arrest for subsequent violations.
  1. Interim Suspensions (Student Organization). A student organization may be subject to an interim suspension by the Director when there is a report or evidence of a potential violation of the Code. During an interim suspension all activities, on- or off-campus (to include but not be limited to programs or social events) are suspended.
  2. Other Interim Actions. The University may take interim actions other than suspension to ensure the safety and wellbeing of the campus community including, but not limited to, “no contact” orders, relocation in University housing facilities, registration holds, and adjustments to class schedules. Any interim actions taken may not be used as evidence to support charges under the Code.
2. Conduct Review
  1. Individual Student. A conduct review for an individual student shall be conducted as follows.
    1. Scheduling a Conduct Review. A Respondent who receives a written report of misconduct is expected to contact, in writing, the Director of Student Conduct, within three (3) business days, of receiving the report to schedule a conduct review.
      A Respondent who fails to contact the Director of Student Conduct within three (3) business days may be deemed to have forfeited the Respondent’s right to a conduct review and may be notified in writing of a formal charge (if any).
    2. Attending a Conduct Review. A conduct review will consist of an informal, non-adversarial meeting between the Respondent and the Director of Student Conduct to determine whether the report of misconduct would constitute a violation under the Code. Such a violation would warrant filing of a formal charge. Following the conduct review, the Director of Student Conduct will notify the student of the determination.
      A Respondent who fails to attend a conduct review may be deemed to have forfeited the Respondent’s right to a conduct review and may be notified in writing of the formal charge, if any.
    3. Mediation. Mediation is a voluntary, confidential process in which the Director of Student Conduct shall assist students in finding a mutually acceptable solution to their problem. The Director of Student Conduct will determine whether mediation is an appropriate alternative to formal charges. If so determined, both Complainant and Respondent must agree to mediation. The Director of Student Conduct or designee shall oversee the mediation.
      If the parties involved obtain a mutually acceptable agreement during mediation, the Director of Student Conduct may dismiss the case.
      If the parties involved fail to obtain a mutually acceptable agreement during mediation, the Director of Student Conduct may file a formal charge or dismiss the case.
    4. Prohibited Sexual Conduct Policy. Conduct reviews and mediations described in the Code shall not occur for incidents governed under the Prohibited Sexual Conduct Policy. Upon receipt of the investigative report, the Director shall within 5 business days issue a formal charge to the Respondent and forward the formal charge and investigative report to the Administrative Hearing Body. Written pleas, mediations, and other informal resolutions shall be governed by the Prohibited Sexual Conduct Policy and not this Code.
  2. Student Organization
    1. Investigation.
      At the discretion of the Director of Student Conduct or designee, reports of potential violations of the Code committed by a student organization may be investigated prior to initiating the student disciplinary process. The investigative process may be initiated based upon reports of behavior that could result in a student organization’s suspension/dismissal from the University.
      If, following an investigation, the Director concludes that the student disciplinary process should be initiated, a representative from the student organization must schedule a conduct review within three (3) business days from the date that the Director notifies the student organization.
      If a representative from the student organization fails to contact the Director of Student Conduct within the three (3) business day time period, the student organization may be deemed to have forfeited its right to a conduct review and may be notified in writing of a formal charge, if any.
    2. Attending a Conduct Review.
      At a conduct review, the student organization shall be informed of the options (if any) available for resolution of the case without requiring that formal charges be filed. A conduct review will normally consist of an informal, non- adversarial meeting between representatives of the student organization and the Director of Student Conduct to determine whether the report of misconduct would constitute a violation under the Code which would warrant filing of a formal charge. Following the conduct review, the Director of Student Conduct will notify the student of the determination.
      Representatives of the student organization who fail to attend a conduct review may be deemed to have forfeited the student organization’s right to a conduct review and may be notified in writing of the formal charge.
3. Filing of Formal Charges
  
  Within five (5) business days after the date of the conduct review or mediation (whichever is later), or with violations of the Prohibited Sexual Conduct Policy within five (5) business days of receipt of the Title IX investigative report, the Director of Student Conduct shall provide written notification of the formal charge (if any) to the Respondent. The formal charge shall include the following information:
  1. A brief recitation of the factual allegations supporting the formal charge.
  2. Possible sanctions.
  3. Notice that, within three (3) business days of the notification of the formal charge, the Respondent must make one of the following pleas, in writing, to the Office of Student Conduct:
    - Plead not responsible to the formal charge(s) and have the case heard by the appropriate Hearing Body. The appropriate Hearing Body will be determined by the Director.
    - Plead not responsible to the formal charge(s), waive rights to an SCB or Administrative Hearing Body review, waive rights to an attorney/non-attorney advocate, and have the case heard by the Associate Vice Chancellor for the purpose of determining responsibility and sanction(s), if any. If the Respondent decides to have the case heard by the Associate Vice Chancellor, a written record indicating such shall be signed by the Respondent.
    - Plead responsible to the formal charges, waive the right to a hearing and accept the sanction levied by the Associate Vice Chancellor.
      If a hearing has been waived by the Respondent, a written document indicating that the Respondent has waived the Respondent’s right to a hearing must be signed by the Respondent.
    - Plead responsible to the formal charges and request an opportunity to be heard by the appropriate Hearing Body for the purpose of the Hearing Body recommending a particular sanction(s). The appropriate Hearing Body will be determined by the Director.
      [The Code plea options shall not be available for violations governed by the Prohibited Sexual Conduct Policy. These pleas shall be managed in accordance with the Informal Resolution provisions of that policy and accompanying procedures.]
  4. If the formal charge could result in expulsion, the notice must include this possibility and must specify that expulsion precludes matriculation at any UNC constituent institution.
  5. Notice that the failure to submit the written plea within three (3) business days of notification of the formal charges will automatically result in a finding of responsibility and a waiver of the right to a hearing and that sanctions shall be imposed by the Associate Vice Chancellor for Student Affairs without a hearing. This provision shall not apply to violations governed by the Prohibited Sexual Conduct Policy.
4. Hearing Referrals
  
  If a formal charge is issued, the Director will refer the case to the appropriate hearing body. Once referred, written communication will be sent notifying the Respondent, Complainant, alleged victim, and any investigator of the referral to the appropriate hearing body and the time, date and location of the hearing.
  
  The hearing shall be conducted by the hearing body without regard to the conduct review or any informal resolution or mediation attempted.
  
  Charges against multiple students involved in the same incident may be heard in a single case if the Director so determines and each Respondent consents.
  
  Reports of misconduct governed by Prohibited Sexual Conduct Policy shall be heard by the Administrative Hearing Body.
5. Time frames for Hearings
  
  Unless the Respondent provides a written waiver providing otherwise, hearings shall occur within the following time frame:
  1. Level 1 Offense.
    A hearing for a Level 1 offense must not be held sooner than ten (10) calendar days after the Respondent receives written notice.
  2. Level 2 Offense. A hearing for a Level 2 offense must not be held sooner than five (5) calendar days after the Respondent receives written notice.
Hearing Procedures

Procedures pertaining to student disciplinary hearings are as follows:
1. Pre-hearing
  
  Prior to a hearing, the Complainant and Respondent must be given the opportunity to review any written evidence that will be used at the hearing and to obtain a list of witnesses.
2. Continuances
  
  If the Respondent desires additional time to prepare for the case, a written request must be submitted to the Director at least fortyeight (48) hours prior to the scheduled hearing. For hearings involving the Administrative Hearing Body ninety-six (96) hours notice is required. The Director reserves the right to deny or grant such a request. The decision of the Director is final.
3. Witnesses
  
  A witness shall be any person with direct knowledge relevant to a case. Information pertaining to notices to witnesses and their duty to appear are outlined below:
  1. Notice. The Complainant and the Respondent must deliver in writing the names, addresses and telephone numbers of their witnesses at least five (5) business days before the hearing to the Director.
    The Director shall ensure notification of such witness(es) in writing of the time, place, location and the purpose of their appearance.
  2. Duty to Appear. The Director and/or the Hearing Body may require the appearance of witnesses. The Complainant/Respondent may present witnesses; however, the relevancy of their testimony shall be determined by the presiding officer. If it is determined that such testimony is not relevant, the presiding officer may decide not to allow such testimony.
    Willful and deliberate failure and/or refusal of any student witness to honor a written request to appear may result in a Code violation.
4. Presence of an Observer
  
  The Complainant(s) and Respondent may have an observer accompany him or her to the hearing. Observers shall not be allowed to participate in the hearing.
5. Failure to Appear
  
  If the Respondent fails to appear at the Respondent’s scheduled hearing, without previously providing a written request for a continuance which was approved by the Director, the hearing shall still be conducted. Except in cases brought under the Prohibited Sexual Conduct Policy, Respondent shall be deemed to have pleaded guilty to the formal charges resulting in a finding of responsibility. Recommended sanctions shall then be determined.
6. Hearing
  
  A hearing shall be conducted as follows:
  1. Attendance. The hearing shall be closed and shall be attended only by the following individuals:
    - the Respondent, Respondent’s witnesses/observer (if any);
    - the Complainant, Complainant’s witnesses/observer (if any);
    - the applicable hearing body;
    - the investigator (if any);
    - the Director;
    - any other persons called by the hearing body or the Director;
    - Attorney or non-Attorney advocates of a Respondent or alleged victim in cases when attorneys or non-attorney advocates are allowed pursuant to the Code; and
    - A University attorney if an attorney or non-attorney advocate of a Respondent or alleged victim is present at the hearing.
  2. Recording. The hearing shall be recorded. A record of the proceedings, including documentary evidence, will be accessible only in accordance with the Family Educational Rights and Privacy Act (FERPA).
  3. Hearing Order. The hearing shall begin with the Complainant and/or investigator who shall state contentions and offer such proof as desired. When the Complainant and/or investigator have concluded presentation(s), the Respondent shall then present the Respondent’s contentions and offer any proof. Both the Complainant and Respondent may question their witnesses.
    Witnesses shall be asked to affirm that their testimony is truthful. Witnesses, other than the investigator, Complainant and the Respondent, shall be present in the hearing only when presenting their testimony.
    The hearing body may ask the individual testifying questions, or direct that they elaborate on a particular line of inquiry. The hearing body may also seek such additional material or the attendance of such other persons as they deem necessary to obtain an understanding of the incident, even if it requires that the proceedings be continued until a further date. Note: In cases involving multiple students charged, evidence provided at one hearing may be used as evidence in related case(s).
    Once both parties have made their presentations, the hearing body leader may request that each party present a final statement.
    Once the final statements have been made, the hearing body leader shall conclude the hearing.
  4. Director’s Discretion. The Director has the discretion to determine whether a hearing should proceed as scheduled and under what conditions the hearing should be held.
  5. Participation of Attorneys or Non-Attorney Advocates in hearings with the Administrative Hearing Body
    A Respondent and Complainant have the right to be represented, at their own expense, by a licensed attorney or non-attorney advocate (“Advocate of Choice”) of the student’s own choosing during hearings with the Administrative Hearing Body. In cases governed by the Prohibited Sexual Conduct Policy, if a party does not have an Advocate of Choice, FSU will appoint an advocate of FSU’s choice at no expense to that party who will participate for the sole purpose of cross-examining witnesses and parties at the hearing.
    Despite the presence of an advocate, the University’s process remains non-adversarial and educational in nature. Advocates of Choice may fully participate in these proceedings only to the extent afforded to the student that is being represented. Formal rules of evidence regarding the admissibility of evidence or testimony applicable to criminal and civil causes of action do not apply except as required by Title IX Regulations, 34 CFR 106.45. Additionally, no advocate or Advocate of Choice may delay, disrupt, or otherwise interfere with the hearing process.
    The following are requirements that must be met in order for a Respondent or Complainant to be represented by an Advocate of Choice:
    1. Notice of Representation
      A Respondent or Complainant who plans to have an Advocate of Choice fully participate in the hearing must notify the Director of Student Conduct of the Advocate of Choice’s intended participation at least five (5) business days prior to the hearing. This notice must specify the following:
      - The identity of the Advocate of Choice;
      - Whether the Advocate of Choice is a licensed attorney or a non-attorney advocate; and
      - An address, telephone number, and email address where the Advocate of Choice can be reached.
    2. Release and Certification
      A Respondent or Complainant who plans to have an Advocate of Choice fully participate in the hearing process must present the following documentation at least five (5) business days prior to the hearing:
      1. FERPA Release - In order for an Advocate of Choice to represent a student at a hearing or to speak with University officials regarding a student, the student must complete and submit a written authorization that meets the requirements of a valid consent as specified by the FERPA.
        Even if a student executes a valid FERPA consent authorizing the Advocate of Choice to receive information or documents regarding the student, the University will at all times correspond directly with the student. It is the student’s responsibility to communicate and share information with the Advocate of Choice.
      2. Advocate Certification – A Respondent or Complainant who plans to have a licensed Advocate of Choice represent the Respondent or Complainant at a hearing must submit a certification form signed by the Advocate of Choice stating that the Advocate of Choice has read in their entirety and understands the following documents:
        
        the University’s Code of Student Conduct;
        
        the University’s Prohibited Sexual Conduct Policy (if applicable to case);
        
        Section 700.4.1 of the UNC Policy Manual and the associated regulation; and
        
        Title IX Regulations, 34 CFR 106.45.
  6. Additional Provisions for Hearings to Determine Violations of the Prohibited Sexual Conduct Policy.
    
    In addition to the hearing requirements for all matters, hearings regarding violations of the Prohibited Sexual Conduct Policy must meet the requirements of the Title IX Regulations and the Prohibited Sexual Conduct Policy including, but not limited to:
    - Complainants and Respondents shall not be allowed to cross-examine witnesses or each other; such cross-examinations shall be provided by the Advocate.
    - The Director will make all evidence that was subject to the parties’ inspection and review during the investigation available at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.
    - The Administrative Hearing Body shall make its decision after an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence – and credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness.
    - The Administrative Hearing Body shall not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
    - Cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s Advocate.
    - At the request of either party, the University must provide for the live hearing to occur with the parties located in separate rooms with technology enabling the Administrative Hearing Body and parties to simultaneously see and hear the party or the witness answering questions.
    - Only relevant cross-examination and other questions may be asked of a party or witness. Before a Complainant, Respondent, or witness answers a cross-examination or other question, the Administrative Hearing Body must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.
    - Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
    - The Administrative Hearing Body cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.
    - Live hearings pursuant to this paragraph may be conducted with all parties physically present in the same geographic location or, at the Director’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.
7. Determination of Responsibility
  
  All decisions by the hearing body shall be based solely upon evidence presented at the hearing. Irrelevant sexual history of either party may not be discussed during the hearing. However, prior records of disciplinary actions may be considered by the hearing body to recommend sanctions.
  
  The standard of proof shall be the preponderance of the evidence. In finding a Respondent responsible under this standard of proof, the Hearing Body must be convinced, based upon evidence presented at the hearing that the conduct described more likely than not occurred.
8. Disciplinary Sanction(s) Decision
  1. The Associate Vice Chancellor shall issue notice of the decision regarding responsibility and all sanctions, except expulsion, within ten (10) calendar days of the date the sanction decision is made.
  2. If expulsion is recommended by the Associate Vice Chancellor, the Associate Vice Chancellor shall forward the determination regarding responsibility and recommendation for expulsion to the Vice Chancellor within seven (7) calendar days of the completion of the hearing.
    If the Vice Chancellor recommends expulsion, the Vice Chancellor shall forward the recommendation to the Chancellor’s within seven (7) calendar days. The Chancellor shall issue a decision within (10) calendar days of the date the decision is made. If the Vice Chancellor does not agree with the recommended sanction of expulsion, the Vice Chancellor shall determine the appropriate sanction. The Vice Chancellor’s decision shall be final.
  3. Sanctions should be fair and proportionate to the violation. In determining an appropriate sanction, any record of past violations and the severity of the current and past violations may be considered.
9. Administrative Decision Timeline
  
  The decision of responsibility and sanctions (if any) must be reached within a specified amount of time, not to exceed forty-five (45) calendar days after the date of the hearing, unless there are extenuating circumstances.
10. Notice of Responsibility and Sanction
  1. Who Will Be Notified. In all cases, the Director shall ensure the notification, in writing, of the Respondent of the decision and any appeal outcomes. The Director shall ensure the simultaneous notification, in writing, of the Complainant, the Respondent, and the Title IX Coordinator of the decision and any appeal outcomes of any University proceeding governed by the Prohibited Sexual Conduct Policy.
  2. Contents. Contents of the notice of decision to be provided to the appropriate parties shall include the following:
    1. In General:
      - the name of the Respondent,
      - the violation charged or committed,
      - the essential findings supporting the conclusion,
      - the sanction if any that is imposed and the duration of the sanction, and
      - the date the sanction was imposed.
    2. Cases Governed by the Prohibited Sexual Conduct Policy:
      - Identification of the allegations constituting a violation of the Prohibited Sexual Codncut Policy;
      - A description of the procedural steps taken from the receipt of the formal complaint in the Title IX Office through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
      - Findings of fact supporting the determination;
      - Conclusions regarding the application of the Code and Prohibited Sexual Conduct Policy to the facts;
      - A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the University imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided by the University to the Complainant;
      - The University’s procedures and permissible bases for the Complainant and Respondent to appeal.
      - The University must provide the written determination to the parties simultaneously. The determination regarding responsibility becomes final either on the date that the University provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
Hearing Body
1. Student Conduct Board (SCB)
  
  The SCB shall consist of up to 15 members who are current full-time undergraduate or graduate students. The Director has the discretion to determine whether a hearing should proceed as scheduled and under what conditions the hearing should be held.
  1. Election of Members
    
    Members of the SCB shall be elected yearly or more often as vacancies arise. The primary Student Government Association advisor, in consultation with the Director, shall determine when an off-cycle election will occur.
  2. Chief Justice and Associate Chief Justice
    
    Prior to the first scheduled hearing or as a need arises, the Director shall convene, if necessary, the SCB for the purpose of electing a Chief Justice and Associate Chief Justice. The Chief Justice or the Associate Chief Justice shall preside over all SCB hearings.
  3. Disciplinary Action against a SCB Member
    
    SCB members found in violation of the Code are not considered to be in good standing and will be removed from the SCB by the Director of Student Conduct.
  4. Conflicts of Interest
    
    At a hearing, any real or perceived conflicts of interest between the SCB and the parties shall be disclosed. If a conflict exists, the SCB member who is the subject of the conflict shall be prohibited from participating in the hearing and deliberations. The presiding officer, unless s/he is the conflicted member, shall determine whether a conflict exists.
2. Administrative Hearing Body
  
  The Administrative Hearing Body consists of a trained hearing officer, or panel of trained hearing officers, who will oversee hearings referred through the Prohibited Sexual Conduct Policy and other cases as determined by the Director. Additionally, the Administrative Hearing Body will serve as the hearing body for all non-academic misconduct, by the same Respondent, arising out of the same situation of the misconduct that is governed by the Prohibited Sexual Conduct Policy.
  Students may not serve as members of the Administrative Hearing Body.
  1. Administrative Hearing Body Membership Appointment
    
    The Administrative Hearing Body shall be composed of (an) individual(s) assigned by the Vice Chancellor for Student Affairs in consultation with the Office of the General Counsel.
  2. Training of Conduct Officer and Decision-maker(s)
    
    The Administrative Hearing Body, Associate Vice Chancellor, Director and any other decision-maker(s) shall receive annual training on issues related to sexual harassment, dating violence, domestic violence, sexual assault, stalking and related retaliation and on how to conduct hearings that are fair, protect safety, promote accountability, and meet the requirements of Title IX Regulations, 34 CFR 106.45.
  3. Conflicts of Interest or Bias
    
    Prior to 10 days before a hearing to be held by an Administrative Hearing Body, any real or perceived conflicts of interest between the Administrative Hearing Body members and the parties or bias for or against a Complainant or Respondent generally or an individual Complainant or Respondent shall be disclosed. If a conflict exists as determined by the Director, an Administrative Hearing Body member who is the subject of the conflict shall be prohibited from participating in the hearing and deliberations.
3. Associate Vice Chancellor as Hearing Body:
  
  If a real or perceived conflict exists with the Associate Vice Chancellor for Student Affairs, written notice by the Respondent or Complainant must be provided to the Director of Student Conduct within three (3) business days after the date of the written hearing notice sent by the Director of Student Conduct. If the Vice Chancellor for Student Affairs assesses that a conflict exists, the Vice Chancellor will appoint a qualified administrator to hear the case in lieu of the Associate Vice Chancellor.
Code Violations

Behavior that is subject to disciplinary action under the Code includes alleged violations of federal, state or local law that threaten the safety or well-being of the campus community, any act that constitutes violent behavior, and any other behavior that adversely affects the University or its educational programs or mission. Attempts to commit acts prohibited by the Code may also be addressed through the conduct process. All members of the University community have the responsibility to report non-academic misconduct.
Code violations are categorized into two (2) different classifications as follows specific acts:
- Level I Offenses - Such offenses are considered the most serious violations of the Code. Possible sanctions for a Level I violation include, but are not limited to suspension or expulsion.
- Level 2 Offenses - Such offenses are considered the lesser violations of the Code. Possible sanctions are less than suspension and expulsion.
Behavior that will be subject to disciplinary action include the following specific acts:
1. Aiding and Abetting or Accessory (Level 1 or 2) shall mean having knowledge of the violation before or after the fact and/or assisting in the commission of the act.
2. Alcohol Violation (Level 1 or 2) shall include, but not be limited to the following:
  - Possession and/or consumption of alcoholic beverages on University premises, except by persons 21 years of age or older at University events approved by the Chancellor per the University’s Alcoholic Beverages policy;
  - Conduct that could form the basis of a charge related to driving while under the influence of drugs or alcohol;
  - A violation of North Carolina law regarding the purchase, possession, manufacture, and consumption of alcoholic beverages; or
  - Possession and/or consumption of alcoholic beverages in a University owned or leased residence hall.
3. Creating a Safety Hazard (Level 1 or 2) shall mean any act that intentionally or recklessly creates a safety hazard, including but not limited to the following:
  
  Starting or attempting to start a fire or failing to exit a building when a fire alarm is sounded. Tampering with, damaging or misusing fire and/or other life safety equipment, including but not limited to fire alarms, smoke detectors, sprinkler systems, emergency exits, fire alarm systems, exit signs, or elevators.
4. Dating Violence (Level 1) shall mean any act of violence or pattern of abusive behavior committed by an individual who has been in a social relationship of a romantic or intimate nature with the Complainant. Whether there was such a relationship will be gauged by its length, type, and frequency of interaction.
5. Disorderly Conduct (Level 2) shall include, but not be limited to the following:
  - Acting in a manner that violates the University’s Disruptive Behavior in the Classroom policy.
  - Conduct that is lewd or indecent in violation of N.C.G.S. § I4-190.9
  - Conduct that disrupts, interrupts or attempts to force the cancellation of any University- sponsored activity or authorized non-University activity, including educational activities, meetings, ceremonies, scheduled events, or essential University processes; or
  - Any use of electronic or other devices to make an audio or video record of any person without the person’s consent.
6. Disruption of the Functioning of the University (Level 1 or 2) shall mean a “material and substantial disruption” which includes, but is not limited to, any or all of the following:
  - Any action that qualifies as disorderly conduct under N.C.G.S. § 14-288.4;
  - Any action that qualifies as a disruption under N.C.G.S. § 143-318.17;
  - Any action in violation of the chancellor ‘s designation of a curfew period pursuant to N.C.G.S. § 116-212; or
  - Any action that results in a student receiving a trespass notice from law enforcement.
  Such actions include protests and demonstrations that materially infringe upon the rights of others to engage in and listen to expressive activity when the expressive activity (a) has been scheduled pursuant to relevant UNC System or University policies, and (b) is located in a nonpublic forum.
7. Disruption of the Student Conduct Process (Level 1) shall include, but not be limited to the following:
  - A failure to appear before a hearing body as required without prior approval;
  - Disruption or interference with the orderly conduct of a hearing proceeding (including the behavior of observers, attorneys or witnesses);
  - Attempting to discourage an individual’s participation or use of the student conduct process;
  - Attempting to influence the impartiality of the hearing officer, a conduct board member, or an appeal administrator;
  - Pressuring or intimidating a hearing officer, conduct board member, or appeal administrator prior to, during, and/or after a student conduct proceeding;
  - Influencing or attempting to influence another person to commit an abuse of the conduct system; or Unauthorized disclosure of confidential information obtained as a part of the judicial process.
8. Domestic Violence (Level 1) shall include, but not be limited to any act of violence or pattern of abusive behavior committed by any of the following:
  - a current or former spouse of the Complainant;
  - a person with whom the Complainant shares a child in common;
  - a person who is cohabitating with or has cohabitated with the Complainant as a spouse;
  - a person similarly situated to a spouse of the victim under the domestic or family violence laws of North Carolina; and/or
  - any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of North Carolina.
  The State of North Carolina’s definition of domestic violence can be found in North Carolina General Statute §50B-l which is applicable to criminal prosecutions for domestic violence in North Carolina, but may differ from the definition used by the University to address violations of domestic violence.
9. Failure to Comply (Level 1 or 2) shall include, but not be limited to the following:
  - Failing to comply with the directions of University employees, including University Police Department in performance of their duties;
  - Failing to submit identification upon request to duly authorized and properly identified University officials; or
  - Failing to comply with the sanctions imposed under this Code.
10. Gambling (Level 2) shall mean any illegal game or contest played for money or for any form of property or item of value. Gambling includes, but is not limited to, games played with cards, dice, or other gambling devices which involve betting and/or wagering.
11. Harassment (Level 1) shall mean any act which leads to a hostile environment when the conduct is as follows:
  - directed toward a particular person or persons, unwelcomed,
  - based upon the person’s race, color, religion, national origin, sex, gender, sexual orientation, gender-identity, creed, disability, veteran status, political affiliation or student organization affiliation,
  - severe, pervasive, and objectively offensive; and
  - unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the University-sponsored education or employment programs and/or activities.
  The prohibition against harassment also includes a prohibition against retaliation. “Retaliation” is defined as adverse treatment of a person because that person filed a complaint about or otherwise opposed harassment or other forms of impermissible discrimination or provided information relative to a harassment or discrimination complaint or was involved in such a complaint in any way.
  
  In determining whether such conduct violates this provision, all relevant facts and circumstances shall be considered. Care must be exercised in order to preserve freedoms of speech and expression, as articulated in current legal standards.
12. Hazing (Level 1) shall include, but not be limited to the following:
  - Pressuring or coercing a student into violating state or federal law,
  - Any brutality of a physical nature, such as striking in any manner, whipping, beating, branding, exposure to the elements, forced consumption of food, liquor, drugs, or other substances, or other forced physical activities that would adversely affect the health or safety of the student; or
  - Subjecting a student to extreme mental stress, such as sleep deprivation, forced exclusion from social contacts, forced conduct that would be extremely demeaning or results in extreme embarrassment or any other forced activity that could adversely affect the mental health or dignity of the student.
  For purposes of this definition, any activity as described above, or any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes, including, but not limited to, recruitment, initiation, acceptance or admission into or affiliation with an organization, shall be presumed to be hazing and a “forced” activity, regardless as to whether or not the student consented to participate in such activity.
13. Infliction or Threat of Bodily Harm (Level 1) shall include, but not be limited to the following: Inflicting physical injury to a person; Intentionally or recklessly acting in a manner that creates a substantial risk of bodily harm to a person; or Placing a person in fear, or at risk of, physical injury or danger.
14. Drugs (Level 1) shall include, but not be limited to the following:
  - Illegal possession or use of controlled substances as defined by the North Carolina General Statutes § 90-86 through § 90-113.8
  - Manufacturing, selling, or delivering any controlled substance or possession with intent to manufacture, sell or deliver any controlled substance;
  - Misuse of any legal pharmaceutical drugs;
  - Knowingly breathing or inhaling any substance for the unlawful purpose of inducing a condition of intoxication; or
  - Possession of drug-related paraphernalia, including but not limited to, all equipment, products and materials of any kind that are used to facilitate, or intended or designed to facilitate, violations of the Code or the University’s policy on Illegal Drugs and Alcohol.
  For a comprehensive statement regarding illegal drug offenses and required sanctions see the University’s policy on Illegal Drugs and Alcohol.
15. Prohibited Sexual Conduct Policy Violations (Level 1) shall mean any act that violates the Prohibited Sexual Conduct Policy.
16. Providing False Information (Level 2) shall include, but not be limited to the following:
  - Intentionally initiating or causing to be initiated any known false report, allegation, warning or threat of fire, explosion or other emergency;
  - Forgery, alteration, or misuse of any University document, records, or instrument of identification; Furnishing false information, oral or written, to any University official, faculty or staff member, or office; or Possession or use of an instrument of identification that is not one’s own or is fictitious or altered.
  Procedures for dealing with misconduct involving the falsification of an admission’s application are not covered under this Code. Such wrongdoing should be referred to the Director of Admissions for appropriate processing.
17. Retaliation: The prohibitions against harassment, sexual harassment, domestic violence, dating violence, sex-based stalking, and sexual misconduct also include a prohibition against retaliation. “Retaliation” is defined as intimidation, threats, coercion, or discrimination against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing related to Harassment, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, or Sex-based Stalking.
  In determining whether such conduct violates this provision, all relevant facts and circumstances shall be considered. Care must be exercised in order to preserve freedoms of speech and expression, as articulated in current legal standards.
18. Sexual Harassment (Level 1) shall mean unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when such conduct is so severe, pervasive, and objectively offensive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the University’s education or employment programs and/or activities. Sexual Harassment includes but is not limited to Sexual Misconduct, Domestic Violence, Dating Violence, and Sex-Based Stalking.
19. Sexual Misconduct (Level 1) shall mean any act of a sexual nature perpetrated against an individual without effective consent or when an individual is unable to freely give consent. Sexual misconduct includes, but is not limited to the following:
  - Rape
    The penetration, no matter how slight, of the vagina or anus with any body part or object or oral penetration by a sex organ of another person, without consent of the victim.
  - Fondling
    The touching of the private parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
  - Incest
    Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  - Statutory Rape
    Sexual intercourse with a person who is under the statutory age of consent.
  Sexual Misconduct includes “any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.”
20. Soliciting (Level 2) shall mean any unauthorized effort to sell goods or services or to raise money on behalf of any company, club, society, religious organization, political party, or similar organization and/or the distribution of any materials such as leaflets or flyers for those organizations in violation of the University’s Solicitation Policy.
21. Stalking (Level 1) which is not based upon sex/gender shall mean a course of conduct (two or more occurrences) directed at a specific person that would cause a reasonable person to feel fear. Stalking involves repeated and continued harassment made against the expressed wishes of another individual, which causes the targeted individual to feel emotional distress, including fear and apprehension.
22. Sex-Based Stalking (Level 1) shall mean engaging in a course of conduct based on sex that is directed toward another person if that conduct would cause a reasonable person to:
  1. suffer substantial emotional distress; or
  2. fear for their safety or the safety of others.
23. Theft (Level 1 or 2) shall include, but not be limited to the following:
  - Stealing or attempting to steal (including embezzlement) another’s (including the University’s) property, money or services;
  - Knowingly possessing, purchasing, or exchanging stolen or embezzled property, money or services; Unauthorized use or access to private or confidential information in any medium;
  - Unauthorized possession, duplication, or use of keys or card access to any University premises; or Use of counterfeit money to purchase goods/services.
24. Trespassing (Level 1 or 2) shall include, but not be limited to the following:
  - Unauthorized entry to University premises, including intruding upon, forcibly entering, or otherwise proceeding into unauthorized areas of University premises, or the residential space of another without permission; or
  - Unauthorized entry on to University premises when the individual has been notified that his or her access to or presence on University property has been restricted, withheld or removed.
25. Unauthorized Use of Computer Resources (Level 1) shall include any violation of the University’s Use of Computer Resources policy and /or similar policies.
26. Vandalism, Defacement or Arson (Level 2) shall mean any act that intentionally or maliciously destroys, damages, or defaces University property or property of any person on University premises or at University-sponsored activities.
27. Violations of Law (Level 1 or 2) shall mean committing any act, attempting to commit an act, or assisting another in committing an act that violates State, Federal, or Local Law that is not otherwise a violation of this Code. Such acts will be adjudicated as if they are violations of this Code.
  The University reserves the right to proceed with a hearing and the possible imposition of a sanction under this Code prior to, concurrent with, or subsequent to, civil litigation, criminal arrest, and/or criminal prosecution.
28. Violations of University Rules, Regulations or Policies (Level 1 or 2) shall mean violating, aiding in violation of, or concealing evidence of violation of published University rules, policies or regulations. Such rules, policies or regulations include, but are not limited to, all Housing and Residence Life policies and contracts.
29. Weapons or Explosive Devices (Level 1) shall include, but not be limited to the following:
  - Illegal or unauthorized possession of weapons on University premises or at University- sponsored activities;
  - Possession or use of weapons in any manner that harms, threatens, or causes fear to others; or
  - Unauthorized possession or use of fireworks or explosive devices on University premises.
30. Other Offenses (Level I or 2) shall include violations of University policy or State, Federal or Local Law not listed in this section if committed on University premises or at University-sponsored activities.
Sanctions

One or more of the sanctions listed below may be imposed on individuals/organizations for non-academic misconduct:
1. Additional Sanctions. Additional sanctions not specifically listed may be imposed. Such sanctions, where appropriate, may include, but are not limited to, community service or research projects, required counseling, participation in educational programs, restitution for damage to or destruction of property, relocation to another room or residence with coordination of appropriate University staff, behavioral contracts, trespass not ices, or removal from a particular class as allowed by the University’s Disruption.
2. Disciplinary Probation. (Applicable to individual students and organizations) Disciplinary Probation may be imposed for a period no less than the remainder of the current semester up to the remainder of the student‘s academic career at the University. If found responsible for a violation while on disciplinary probation, a student/organization may face more severe sanctions up to and including suspension or in the case of a student, expulsion or in the case of an organization, revocation. Conditions restricting a student’s privileges or eligibility for activities may be imposed. Such privileges and eligibility are automatically restored upon completion of the probation period if the student has complied satisfactorily with all conditions and refrained from further Code violations.
3. Expulsion (Applicable to individual students only) Expulsion is a permanent separation of a student from the University, unless at a later date the Chancellor concludes on the basis of the former student’s petition and any supportive documentation that he or she should be approved for reinstatement. A student who is expelled is not permitted to be on University premises or attend University-sponsored activities.
  Expulsion shall result in a permanent transcript notation. Expulsion precludes enrollment at any UNC constituent institution. Also, the student‘s name will be included in the UNC System database which includes the names of suspended/expelled students who attended UNC institutions.
4. Removal from University Housing. (Applicable to individual students only) A student may be removed from University housing or have their housing assignment changed on disciplinary rounds. Eviction may be permanent or for a specified period. Students subject to removal from a University housing facility will be trespassed from entering all University housing facilities.
5. Restriction of Privileges. (Applicable to individual students and organizations) A student may be restricted from participating in activities held on University premises or sponsored by the University.
6. Revocation. (Applicable to organizations only) The University may temporarily or permanently revoke recognition of an organization as an official student organization. In such case, the organization will be temporarily or permanently barred from the University.
7. Suspension. (Applicable to individual students only) A student may be separated from the University for a specified period of time. Any suspension will be noted on the student’s transcript. A student who is suspended is not permitted to be on University premises or attend University- sponsored activities, during the period of the suspension, without the written approval of the Vice Chancellor for Student Affairs. A trespass citation will be issued by the University Police Department to a suspended student who has not received such authorization from the Vice Chancellor.
  Notations of the suspension will appear on the student’s transcript. Also, the student’s name will be included in the UNC System database for suspend ed/expelled students.
8. Suspension. (Applicable to organizations only) The University may suspend an organization. During the suspension period, the organization will not be recognized as an official student organization and will not be permitted to sponsor activities or participate in University sponsored activities as an organization. During the suspension period, the members of the organization will not be allowed to wear the organization‘s paraphernalia.
9. Written Reprimand. (Applicable to individual students and organizations) A disciplinary written reprimand serves as notice that continuation or repetition of prohibited conduct may be cause for additional disciplinary actions.
No-Contact Order:

A student may be issued a written “ no-contact” order by (1) the Associate Vice Chancellor or (2) by the Director of Student Conduct. A no contact order may prohibit the student from having first or third-party contact with an individual.
If a no-contact order is issued, the student may submit a written request for reconsideration of the no- contact order to the Assistant Vice Chancellor for Student Affairs within three (3) calendar days of written notice of the no-contact order. The Assistant Vice Chancellor’s decision shall be final.
Appeals
1. Bases of Appeal. A Respondent who the University has found responsible and sanctioned may appeal the decision in writing. Appeals from disciplinary decisions are allowable only on the following grounds:
  - demonstration of a violation of due process; and/or
  - demonstration of a material deviation from substantive and procedural standards adopted by the UNC Board of Governors; and/or
  - In decisions based on violations of the Prohibited Sexual Conduct Policy, demonstration of procedural irregularity that affected the outcome of the matter, newly discovered evidence that could affect the outcome of the matter, and/or that any Title IX personnel, investigator, and/or an Administrative Hearing Body member had a conflict of interest or bias that affected the outcome of the matter.
2. Decision Other than Expulsion A decision, other than expulsion, may be appealed in writing to the Vice Chancellor. Such an appeal must be submitted within five (5) business days of the date of the decision from the Associate Vice Chancellor. A decision by the Vice Chancellor shall be final.
3. Expulsion. A Respondent who has been expelled may file a written appeal, within fourteen (14) calendar days of the notice of the Chancellor’s decision, to the University Board of Trustees. The Board of Trustees’ decision shall be final.
4. Complainant Appeals. The Complainants of an incident governed by the Prohibited Sexual Conduct Policy may file a written appeal about the University’s responsibility decisions on the following grounds to the Vice Chancellor:
  - demonstration of a violation of due process; and/or
  - demonstration of a material deviation from substantive and procedural standards adopted by the UNC Board of Governors; and/or
  - demonstration of procedural irregularity that affected the outcome of the matter, newly discovered evidence that could affect the outcome of the matter, and/or that any Title IX personnel, investigator, and/or an Administrative Hearing Body member had a conflict of interest or bias that affected the outcome of the matter.
No other Complainant appeals are allowed under the Code.

Complainant must submit the written appeal including appealable details within five (5) business days of the date of the Associate Vice Chancellor’s decision.

If the Vice Chancellor disagrees with the Complainant’s appeal, the Vice Chancellor’s decision shall be final.

If the Vice Chancellor agrees with Complainant, the Vice Chancellor shall find the Respondent responsible and make a decision/ recommendation about sanction(s). If expulsion is recommended, the Vice Chancellor must refer the matter to the Chancellor for a decision. If the Chancellor decides to expel, the Respondent may submit a written appeal of the responsibility decision and/or sanction in accordance with IV.H.iii describing in detail any basis allowed under IV.H.i.

If the Vice Chancellor’s decision is not expulsion, the Respondent may submit a written appeal of the responsibility and/or sanction to the Chancellor within five (5) business days of the date of the Vice Chancellor’s decision on any bases described in IV.H.i. The Chancellor’s decision shall be final.

The final administrative decision must be made within 45 calendar days of the hearing.

V. ACADEMIC DISHONESTY

It is expected that all members of the University community will work to actively deter academic dishonesty and thus will share in the responsibility and authority to challenge and make known to the appropriate authority acts of apparent academic dishonesty The Division of Academic Affairs shall be responsible for ensuring the adherence to the procedures outlined below should any student be charged with academic dishonesty.

Definition

Academic dishonesty is the giving, taking, or presenting of information or material by a student with the intent of unethically or fraudulently aiding oneself or another on any work which is to be considered in the determination of a grade or the completion of academic requirements.
Acts of Academic Dishonesty

The commission of any of the following acts shall constitute academic dishonesty. This listing is not, however, exclusive of other acts that may reasonably be said to constitute academic dishonesty.
1. Facilitating Academic Dishonesty
  
  Such conduct includes, but is not limited to, giving unauthorized assistance to another in order to assist that person in cheating, plagiarizing, falsifying or engaging in professional dishonesty.
2. Attempting Academic Dishonesty
  
  Such conduct shall include, but not be limited to, attempting any act that if completed would constitute a violation as defined herein.
3. Cheating
  
  Such conduct includes, but is not limited to, a student receiving unauthorized aid or assistance on any form of academic work.
4. Falsification
  
  Such conduct shall include, but not be limited to, the un authorized changing of grades or conduct involving any unt ruth, either spoken or written regarding any circumstances related to academic work.
5. Plagiarism
  
  Plagiarism includes, but is not limited to, copying the language, structure, ideas and/or thoughts of another, without giving appropriate recognition and/or adopting the same as one’s own original work.
Filing of and Response to Acts of Academic Dishonesty
1. Notification
  
  In cases where a faculty member believes that a student has attempted or committed a violation, the faculty member shall communicate to the student, verbally or in writing, about the charge and investigate the matter.
  - Undergraduate Student – If the faculty member concludes that such an act has occurred, the faculty member shall conduct an interview with the student.
  - Graduate Student – After the investigation, but prior to the interview, the faculty member shall notify the Graduate Council of the charge within three (3) days of the faculty member ‘ s notification to the student of the charge. Notification to the Graduate Council shall be in writing. Such Graduate students who have been charged with academic dishonesty shall be prohibited from withdrawing from the course that is the subject of the academic dishonesty. Should the graduate student subsequently be found not responsible and if the withdrawal date has passed, the graduate student may petition the Graduate Council to allow for withdrawal from the course.
2. Interview
  
  The student must be notified of the date of the interview within five (5) business days after the alleged violation has come to the attention of the faculty member. At the interview, the student and the faculty member may each have an independent nonparticipating observer. The faculty observer shall be the chair of the department. The student may select a student, staff or faculty member as he or she desires. The observers are to observe the procedures impartially. At the interview, the faculty member shall present evidence in support of the charge or charges against the student.
  
  The student shall be given the opportunity to respond and present evidence to rebut the charge or charges. After hearing the student, the faculty member may either dismiss the charge or find it supported on the basis of the evidence. If supported, the faculty member may issue community services or record a failing grade in the course or some portion thereof.
3. Referral to the Academic Integrity Board
  
  After completion of the interview and on the basis of the evidence presented, if the faculty member is of the opinion that issuance of a community service and/or a failing grade sanction would be inadequate disciplinary action, the faculty member may refer the entire case to the AIB for appropriate action. In this case, a hearing will be conducted by the AIB without regard to the findings made or any disciplinary action taken during the interview. A failing grade or community service sanction issued by the faculty member may remain in effect even if further discipline is recommended.
  
  The referral must be submitted to the Senior Associate Vice Chancellor for Academic Affairs within five (5) business days after the faculty member has notified the student of his or her decision.
4. Appeal to the Academic Integrity Board
  
  The student may appeal the decision of the faculty member following the interview to the AIB if the student believes the penalty is too severe and/or the student contests the decision of the faculty member on the basis of the evidence presented. The appeal must be submitted to the Senior Associate Vice Chancellor for Academic Affairs within five (5) business days after the student receives notification of the decision by the faculty member.
Academic Integrity Board

The purpose of the AIB is to investigate the incident giving rise to the appearance of academic dishonesty, to reach an informed conclusion as to whether academic dishonesty occurred, and to make a recommendation to the Provost and Vice Chancellor for Academic Affairs (“Provost”) as to sanctions. A hearing by the AIB should not be considered as an adversarial proceeding similar to criminal or civil legal trials.
1. Composition
  
  The AIB shall consist of six (6) persons who shall include three (3) faculty members and three (3) students. In the event that a student accused is a graduate student, then at least one of the student members shall be a graduate student and one of the faculty members shall be a member of the Graduate Faculty.
2. Student Members
  
  The President of the Student Government Association shall appoint annually three (3) student members and two (2) alternates to the AIB. At least one of the alternates shall be a graduate student who will serve when the accused is a graduate student. Such appointments shall be subject to the approval of the Student Senate.
3. Faculty Members
  
  The Chairperson of the Faculty Senate shall appoint annually three (3) faculty members and two (2) alternates to serve on the AIB. At least one of the alternates shall be a member of the Graduate Faculty who will serve when the accused is a graduate student.
4. Academic Integrity Board Chair
  
  Prior to hearing its first case, the Senior Associate Vice Chancellor for Academic Affairs shall convene with the AIB for the purpose of electing a chairperson. The chairperson shall vote only in the case of a tie.
Hearing Procedures
1. Notification
  
  The Senior Associate Vice Chancellor for Academic Affairs shall notify the parties involved that an appeal/referral has been received and that a hearing will be held by the AIB. Such notification must be received by the parties within five (5) business days after receipt by the Senior Associate Vice Chancellor for Academic Affairs. The Senior Associate Vice Chancellor for Academic Affairs shall notify each of the parties no later than ten (10) business days prior to the hearing of the date, time and place of the hearing. If a grade for the student in the course must be submitted, the faculty member shall record a grade of incomplete, pending a decision by the Provost and Vice Chancellor for Academic Affairs.
2. Conduct of the Hearing
  1. The hearing shall be closed and shall be attended only by the student and his or her witnesses, the faculty member and his or her witnesses, the independent nonparticipating observer(s) present at the interview, the AIB members and any other persons called by the chair of the Board.
  2. The hearing shall be recorded.
  3. The hearing shall begin with the individual who requested the review by the AIB (“Complainant”) who shall state his or her contentions and offer such proof as he or she desires. When the Complainant has concluded his or her presentation, the individual responding to the Complainant’s request for a hearing (“Respondent”) should then present his or her contentions and any such proof. Both the Complainant and Respondent may question witnesses.
  4. The members of the AIB may ask the Complainant and/or Respondent and their witnesses questions, or to develop a particular line of inquiry. The members may also seek such additional material or the attendance of such other persons as they judge necessary to an understanding of the incident, even if it requires that the proceedings be continued.
  5. Once both parties have made their presentations, the AIB may request that each party present a final statement. Once the final statements have been made, the chair shall conclude the hearing.
Determination of Responsibility

Decisions regarding responsibility shall be based solely upon evidence presented at the hearing. The standard of proof shall be the preponderance of the evidence. ln finding a Respondent responsible under this standard of proof, the AIB must be convinced, based upon evidence presented at the hearing that the conduct described more likely than not occurred.

Following the hearing, the AIB shall meet privately to discuss the case, and reach a finding by a majority vote.
1. Finding of No Responsibility
  
  If the AIB finds an attempt or act of academic dishonesty did not occur, or that the evidence presented was insufficient to sustain the charge or charges, the AIB shall notify, through the Senior Associate Vice Chancellor, the Complainant and the Respondent of its decision, within five (5) business days after the hearing. The issue of the student’s continuation in the class(es) and other related issues must be resolved by the dean or department chair in consultation with the student and the faculty member.
2. Finding of Responsibility
  
  If the AIB finds that an attempt or act of academic dishonesty did occur, it shall recommend to the Provost through the Senior Associate Vice Chancellor, one of, or a combination of sanctions. The Provost shall notify the Complainant and the Respondent of the AIB’s decision within ten (10) business days after the hearing. The Provost shall include in the notification sanction(s) that will be imposed. A sanction, other than expulsion, imposed by the Provost shall be final. A decision to expel a student shall be forwarded by the Provost to the Chancellor. The Chancellor shall notify the parties involved of his or her decision within fourteen (I4) calendar days of the receipt of the Provost decision.
Sanctions

One or more of the sanctions listed below may be imposed for a finding for academic dishonesty:
1. Community Service
  
  A student may be given community service hours in lieu of a more severe sanction. Such service shall be supervised by a University employee.
2. Failing Grade
  
  A student may be given a failing grade on the assignment, paper, program, test or exam on which the violation occurred and/or no credit/failing grade for the course.
3. Probation
  
  A student may be placed on academic integrity probation for the remainder of his or her academic career at the University. A student who is found to have committed another act of academic dishonesty while on academic integrity probation may be subject to suspension or expulsion from the University.
4. Suspension
  
  A student may be separated from the University for a specified period of time if he or she has previously engaged in an act of academic dishonesty or if a student commits an act or attempts to commit an act that warrants suspension. In cases where a student will complete graduation requirements during the current semester, suspension is to take effect immediately.
  
  In cases where a student will complete graduation requirements during either of the summer sessions, the suspension period will be applied to the summer session. Any suspension will be noted on the student’s transcript.
5. Expulsion
  
  Expulsion is a permanent separation from the University and a student will be expelled if he or she is a repeat offender or commits an act(s) which is considered to be a substantial violation of academic integrity. Expulsion results in a permanent transcript notation.
Appeals

A student who has been expelled for academic dishonesty may file a written appeal, within fourteen (14) calendar days of the receipt of the Chancellor’ s decision, to the University Board of Trustees. The Board of Trustees’ decision shall be final.

VI. OTHER CODE RELATED PROVISIONS

Confidentiality of Proceedings and Student Records

Individual student information generated during the course of a Code procedure shall be confidential in accordance with the Family Educational Rights and Privacy Act (FERPA). Student disciplinary records are specifically protected under FERPA. Any person who, without authorization, reveals such information may be subject to disciplinary action.
1. Notification of Alcohol and Drug Violations
  
  Parents and/or guardians may be notified when students who are under the age of2 l are found responsible for any drug and/or alcohol violations. Drug convictions may be reported to the Office of Financial Aid if the offense occurred while the student was receiving federal student aid.
2. Notification of Victims of Crimes of Violence or Non-forcible Sex Offenses
  
  Pursuant to FERPA, victims of crimes of violence may be notified of the outcome of the disciplinary proceeding of the alleged assailant. “Outcome” means the following:
  - the name of the student assailant, the violation charged or committed,
  - the essential findings supporting the conclusion that the violation was committed, the sanction if any is imposed,
  - the duration of the sanction, and the date the sanction was imposed.
  In cases governed by the Prohibited Sexual Conduct Policy, both the accuser and the accused shall be simultaneously informed in writing of the following:
  - the outcome of the disciplinary proceeding,
  - the institution’s procedures for the accused and the victim to appeal the outcome,
  - any change to the outcome that occurs prior to the time that the results become final, and when the results become final.
3. Public Records of Crimes of Violence or Non-forcible Sex Offense
  
  The North Carolina Supreme Court has determined that, if a public records request is made, State institutions must release the final results (including Respondent names, violations, and sanctions imposed) when the institution has found a student Respondent has violated the University’s Code or other policy regarding a crime of violence or non-forcible sex offense. The University shall not disclose the name of any other student, including a Complainant, victim or witness, without the prior consent of that student. Prior to releasing such information, University employees shall consult with the Office of General Counsel.
4. Records Retention and Disposition
  
  Records of all non-academic disciplinary cases will be maintained in the Division of Student Affairs. Records of academic dishonesty will be maintained in the Office of the Provost. Records in which less severe sanctions are imposed shall be removed in accordance with the University’s Records Retention and Disposition Schedule.
Section 504 of the Rehabilitation Act and the Americans with Disabilities Act

When a student with a disability is charged with an offense, the University will assure that all requirements of Section 504 of the Rehabilitation Act and the Americans with Disabilities Act are met.
Freedoms of Expression and Speech

Students are permitted to assemble and engage in spontaneous expressive activity as long as such activity is lawful and does not materially and substantially disrupt the functioning of the University, subject to the requirements of the University Policy Statement of Free Speech and Expression. A “material and substantial disruption” includes, but is not limited to, any or all of the following:
- Any action that qualifies as disorderly conduct under N.C.G.S. §14-288.4;
- Any action that qualifies as a disruption under N.C.G.S. §143-318.17;
- Any action in violation of the Chancellor’ s designation of a curfew period pursuant to N.C.G.S. §116-212;
- Any action that results in the individual receiving a trespass notice from law enforcement.
Access to campus for purposes of free speech and expression shall be consistent with the University Policy Statement on Free Speech and Expression, the University Use of Space Policy, and the Board of Governor’s Policy on Free Speech and Free Expression Within the University of North Carolina.

Responsible officers for the reporting of freedom of speech concerns include the Office of the Director of Student Conduct (910) 672-1788 and attorneys in the Office of Legal Affairs (910) 672-1145.
Violations Occurring During the Last Thirty Days of a Semester or During the Summer Sessions

For violations that occur thirty (30) calendar days or less prior to the end of a semester or during a summer session, the Director may allow the case to be heard the next semester.
Attorney/Advisor Attendance or Participation

The University allows attorneys or non-attorney advocates (advocates) to attend an academic or non- academic conduct proceeding when the charge is also the subject of a pending criminal charge or governed by the Prohibited Sexual Conduct Policy. In most cases, the advocate may not participate in the hearing but may confer with their client during the proceeding, so long as the advocate does not address the hearing body or other parties or witnesses and does not delay or disrupt the proceeding. Advocates may fully participate in proceedings involving the Prohibited Sexual Conduct Policy in accordance with Section IV.C.6.e of the Code.
Prior Disciplinary Records

A student’s prior disciplinary record will be considered only during the sanctioning phase of deliberations, not to determine whether or not to find the student responsible for the alleged violation.
Notice

Whenever this Code requires giving notice, such notice shall be in writing. Unless otherwise noted in this Code, written notice will be provided via Maxient, the University’s electronic student conduct system or an official University email address.
Final Interpretation of Code

The final interpretation of the non-academic misconduct provisions of the Code shall rest with the Vice Chancellor for Student Affairs. The final interpretation of the academic dishonesty provisions of the Code shall rest with the Provost and Vice Chancellor for Academic Affairs.

Revised 9/30/2021

702. Missing Residential Student Notification

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MISSING RESIDENTIAL STUDENT NOTIFICATION

Authority: Issued by the Chancellor. Changes or exceptions to administrative policies issued by the Chancellor may only be made by the Chancellor.

Category: Students

Applies to: Administrators Faculty Staff Students

History:

Approved – August 26, 2010
First Issued – August 27, 2010

Related Policies:

Higher Education Opportunity Act [20 U.S.C.S. § 1092; 42 U.S.C.S. § 5579]
U.S. Department of Education Regulation [34 CFR 668.46]

Contact for Info:

Department of Residence Life (910) 672-1884
Dean of Students (910) 672-1201
Department of Police and Public Safety (910) 672-1559

I. PURPOSE

The purpose of this policy is to provide personnel and students of Fayetteville State University (the “University”) with guidelines governing notification procedures for missing students who reside in University owned or leased housing, in accordance with the requirements of the Higher Education Opportunity Act.

II. DEFINITIONS

Residential Student: For the purpose of this policy, a student who resides in University owned or leased housing under a housing contract and is currently enrolled at the University.
Missing Student: For purposes of this policy, a student is determined to be missing when the University Police Department or another law enforcement agency determines that the student has been missing more than 24 hours, without any known reason, that the reported information is credible, and that circumstances warrant declaring the person missing.
Emancipated Individual: For purposes of this policy, a minor who has been granted the status of adulthood by a court order or other formal arrangement, a minor who is married or a minor who is serving in the armed forces of the United States.

III. RESIDENTIAL STUDENT CONTACT INFORMATION

Residential Students shall have the option to confidentially identify an individual, and that individual’s telephone number(s), to be contacted by the University not later than 24 hours after the time that the student is determined missing. The Department of Residence Life shall collect and maintain such confidential contact information. Residential Students shall be responsible for ensuring that the contact information is up-to-date and accurate. The confidential information shall be accessible only to authorized campus officials, and shall not be disclosed to anyone other than law enforcement personnel in furtherance of a missing person investigation.

Residential Students shall be given the opportunity to provide such confidential contact information at the beginning of each academic year or prior to moving into University owned or leased housing.

Residential Students, who are under 18 years of age and not emancipated individuals, are to be informed that the University is required to notify a custodial parent or guardian of Residential Students, who are under 18 years of age and not emancipated individuals, not later than 24 hours after the time the University Police Department determines the Residential Student to be missing.

IV. REPORTING AND INVESTIGATION

Any University employee who receives information that a residential student is missing, or has independent knowledge that a residential student is missing, must immediately report the information or evidence to the Department of Residence Life. The Department of Residence Life shall notify the University’s Police Department not later than 24 hours after the time a Residential Student is reported missing, unless the University’s Police Department was the entity that made the determination that the student is missing. If the University Police Department is initially contacted, the University Police Department shall notify the Director of the Department of Residence Life, whose staff will determine whether the student is a Residential Student.

If the student is not a Residential Student, the University Police Department will contact the relevant outside law enforcement agencies.

Department of Residence Life Responsibilities

If the student is a Residential Student, the Resident Hall Director shall conduct a prompt preliminary investigation in order to verify the issues surrounding allegations that a Residential Student is missing and to determine the circumstances which exist relating to the reported missing Residential Student. The investigative process shall be as follows:
1. A Residence Hall Director will attempt to contact the Residential Student via his or her telephone, email and/or by other methods of communication.
2. If the Residential Student cannot be reached, a Residence Hall Director and one other Residence Life staff member (the “staff members”) shall visit the room of the Residential Student in question to verify the Residential Student’s whereabouts and/or wellness.
3. If the Residential Student is not in the Residential Student’s room, but it is occupied, the staff members will attempt to gain information on the Residential Student’s whereabouts and/or wellness by questioning the occupants and/or roommates
4. If there is no response when the staff members knock on the door of the room or there are occupants who do not know of the Residential Student’s whereabouts, the staff members will enter into the room in question, by key if necessary, to perform a health and safety inspection. The staff members will take note of the condition of the room and look for visible personal property which might provide clues as to whether the Residential Student has taken an extended trip or leave from the residence hall.
5. If the Residential Student is not found in the room, the staff members will attempt to gain information on the Residential Student’s whereabouts from members of the residence hall or friends. The staff members will also attempt to acquire additional telephone numbers for the student in an attempt to initiate contact.
6. The Residence Hall Director shall review the Residential Student’s class schedule and contact appropriate faculty to determine the student’s whereabouts.
7. At any step in the process, staff members will immediately report any suspicious findings to the University Police Department.
8. If these steps do not provide staff members with an opportunity to speak with the Residential Student or to learn the Residential Student’s whereabouts, the Residence Hall Director must complete an official missing persons report and immediately notify the University Police Department who will be responsible for further investigation.
9. If these steps provide the staff with an opportunity to speak with the missing Residential Student, verification of the student’s state of health and intention of returning to campus must be obtained. If needed, a referral will be made to the University’s Center for Personal Development.
  The University Police Department must be notified that the reported missing Residential Student has been found.
Responsibilities of the Dean of Students

Once the University Police Department has been notified, the Residence Hall Director will notify the Dean of Students. Not later than 24 hours of a determination by the University Police Department that a student is missing and has not returned to campus, the Dean of Students shall contact the student’s parents if the student is under age eighteen and not emancipated. Regardless of age, not later than 24 hours of a determination that a Residential Student is missing, the Dean of Students will notify the student’s designated confidential contact.

Nothing in this policy is intended to preclude the University Police Department from determining that a student is missing before the student has been missing for a full 24 hours or the Dean of Students from initiating notification procedures as soon as the Dean is notified that a student may be missing.

703. Drug and Alcohol Education Screening and Counseling Program for Intercollegiate Athletes

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DRUG AND ALCOHOL EDUCATION, SCREENING AND COUNSELING PROGRAM FOR INTERCOLLEGIATE ATHLETES

Authority: Issued by the Chancellor. Changes or exceptions to administrative policies issued by the Chancellor may only be made by the Chancellor.

Category: Students

Applies to: ●Students

History:

Approved, July 22, 2007
Last Revised, July 13, 2007
First Issued, August 24, 1998

Related Policies: NCAA Drug Testing Programs

Contact for Info: Head Athletic Trainer (910) 672-1065

I. INTRODUCTION

Summary of Purposes
1. To help student-athletes avoid improper involvement with drugs and alcohol by insuring that they are well informed about drug and alcohol abuse
2. To detect possible prohibited drug use through a screening program based on periodic testing designed to reveal the use of drugs
3. To help ensure fairness and upkeep competitive safeguards in intercollegiate athletics
4. In appropriate cases, to remove from the university’s athletic programs any student- athlete who is found to have violated the requirements of this policy.
University Determinants
1. Fayetteville State University has determined that alcohol and many drugs, when used in connection with athletic activities or physical conditioning programs, can pose serious risks to the health of the student-athlete and may endanger other persons who come into contact with the substance abuser. Symptoms of illness, temporary or permanent injury and even death can be caused by alcohol and/or drug use.
Compliance
1. At the beginning of each academic year, information on Fayetteville State University’s Drug and Alcohol Education, Screening and Counseling Program for Intercollegiate Athletics will be distributed to all new and returning student-athletes. To become and remain a part of Fayetteville State University’s intercollegiate athletics programs, a student-athlete must comply with the terms of this program. Accordingly, a student-athlete should read these requirements carefully, and indicate his or her intent to abide by them by signing the Consent Form included with this policy. A student-athlete who does not sign the Consent Form will not be permitted to participate in the University’s intercollegiate athletic program.
NCAA Drug Testing Program
1. Please note that Fayetteville State University’s drug and alcohol testing and education policy differs from that of the National Collegiate Athletics Association (NCAA). The NCAA’s drug testing policy only covers drug testing conducted by the NCAA, which may include not only testing during the academic year, post- season competition testing, and year-round testing outside of the academic semesters.

II. EDUCATIONAL PROGRAMS

Program Guidelines
1. One of the most important parts of this program is an ongoing educational effort designed to help student-athletes avoid any involvement in prohibited uses of alcohol, tobacco products and other drugs. Each member of every intercollegiate athletic team at the university shall be required to participate in prescribed drug educational programs and activities. Substance abuse education programs will be provided by the Center for Personal Development. If a student-athlete does not attend the required programs, s/he will not be allowed to participate in the university’s intercollegiate athletic program.

III. PROHIBITED DRUGS

List Source
1. During the period of his or her eligibility to participate in intercollegiate athletics, a student-athlete may not use the drugs specified in the list compiled by the NCAA. A list of these prohibited drugs is found in Appendix A of this document. The most up- to-date list can be found on the NCAA’s website (http://www.ncaa.org).
Illegal and Over-the-Counter Drugs
1. Some of the prohibited drugs that a student-athlete cannot use are illegal. The law prohibits the sale, purchase and/or possession of illegal drugs. Other prohibited drugs, which may be obtained by medical prescription, or lawfully purchased “over the counter” in retail stores or health food stores, are considered incompatible with the integrity of the athletic programs.
Alcohol Policy
1. Fayetteville State University discourages alcohol use by its student-athletes. Any student-athlete under the age of 21 found in possession of any alcoholic beverages and any student-athlete, regardless of age, arrested for any alcohol- related crime will be faced with the same sanctions as testing positive for a banned substance. Fayetteville State University is also a “dry campus,” and any student-athlete found to be in possession of an alcoholic beverage on campus will be faced with the same sanctions as testing positive for a banned substance.
Nutritional Supplements
1. Please be advised that products sold in health food stores as “natural” products are not under the regulation of the Food and Drug Administration (a division of the federal government) and that the manufacturers are under no obligation to specify every ingredient. Some of these products may contain ingredients that will cause a student-athlete to test positive for a banned substance. Failure to realize that you are taking a banned substance will not be an excuse for a positive test, so be careful of “nutritional and exercise supplements” and over-the-counter medication.
Prescription Drugs
1. If a prohibited drug being used is prescribed by a physician, the student-athlete may continue to participate in athletics provided that:
  1. With respect to possible risks to the health of the student-athlete, the attending physician certifies in writing that specified athletic activity safely may be undertaken and the patient executes a prescribed waiver which relieves Fayetteville State University of any responsibility for illness or injury attributable to the engagement in athletic activity while under the influence of the prescribed medication; and,
  2. With respect to possible performance-enhancing effects, the student- athlete’s attending physician, in consultation with Fayetteville State University’s medical and athletic authorities, can and does implement a schedule of medication that precludes such performance-enhancing effects during times relevant to intercollegiate athletic competition.

IV. SCREENING PROGRAM

Notification
1. By agreeing to participate in this program, a student-athlete agrees to submit to any drug tests prescribed by Fayetteville State University and to reveal the use of any of the drugs listed in Appendix A. No such test will be administered unless the student- athlete first has signed an individual notification form (see Appendix B). The individual notification form expressly identifies the specific test that the student- athlete has been asked to undergo, at a specified time on a specified date. The basic test to be used for drug screening is an observed urinalysis. However, other types of tests from time to time may be utilized to determine the presence of any of the drugs listed in Appendix A.
Testing Types
1. Unannounced Random Test.
  1. All student-athletes may be subject to periodic unannounced random testing. Specifically, on various occasions during the academic year, a percentage of the members of each team will be selected, at random, to be tested. The selection of individuals will be made through a randomized computer selection from the team roster by the Athletic Director or his or her designee, upon notification from the Head Athletic Trainer.
  2. Each affected student-athlete shall be given written notice by the Athletic Director or his or her designee on the day prior to testing. Such notification shall be accomplished by delivery to the affected student of a copy of the notification form (Appendix B) prepared by the Athletics Director or his or her designee, listing the student-athlete as the one who was duly selected, at random, to be tested on the date specified. The notification also shall include the time and location of the test and shall be signed by the student- athlete and submitted to the Athletics Director, or his or her designee, at the time specified for conducting the test.
2. Testing in Response to Individualized Reasonable Suspicion.
  1. A student-athlete may be subject to testing, at any time, when in the judgment of the Athletics Director, there is reasonable cause to suspect the student is engaged in the use of any drugs prohibited by this policy. Such individualized reasonable suspicion may be based on information from any source deemed reliable by the Athletics Director including, but not limited, to:
    1. Observed possession or use of substances that reasonable appear to be drugs of the type prohibited;
    2. Arrest or conviction for a criminal offense related to possession, use or trafficking in drugs of the type prohibited;
    3. Observed abnormal appearance, conduct or behavior, including unusual patterns of absence from training or competition, reasonably interpretable as being caused by the use of drugs of the type prohibited.
  2. Upon receipt of such information, the Athletics Director shall confer with Fayetteville State University legal and medical representatives to determine whether there is reasonable cause to suspect that the student-athlete is engaged in prohibited drug use. If the available facts indicate that there is a reasonable basis to believe that the student-athlete is engaged in prohibited drug use, the Athletics Director or his or her designee will meet with the student-athlete. At that meeting, the Athletics Director, or his or her designee will provide written notice specifying the date, time and place at which the student will be tested unless the student provides an explanation which is satisfactory to the Athletics Director or his or her designee. The consequences of failure to participate in or cooperate with such testing and the consequences of impermissible drug use discovered through such testing shall be the same as those applicable to unannounced random testing.
Screening Process
1. Collection and analysis is performed by a contracted professional collection and laboratory services. During administration of the drug screening process, the administrative area will be secured and only authorized personnel as well as properly identified athletes will be admitted to the site. The specimen collection area will be secured by the collection team who will supervise each athlete during the collection process. Transfer of collected specimens from the test site to the analysis laboratory is accomplished by the collection team according to an accepted chain of custody protocol. Positive tests are confirmed by gas chromatography/mass spectrometry to prevent false positive tests. Collection will be accomplished according to the following process:
  1. Each athlete is admitted to the collection site dressed only in shirt, pants, underwear, socks and shoes. The student-athlete participates in and observes the collection process to help ensure integrity of the system.
  2. Each athlete randomly selects collection kit provided by the testing laboratory. The student-athletes keep contents of selected kit in their possession until sealed in full view of the athlete.
  3. Each athlete is escorted into the specimen collection area by a collection team member and directed to provide at least 60ml of urine in the designated beaker. Including direct visual observation of specimen delivery by a collection team member, all federal DOT collection guidelines are followed. Blue dye is used to color the water in each toilet used during collection of specimens. A collection team member is responsible for flushing all toilets used during collection. Restroom stalls used in collection will not be immediately adjacent to one another. While the athletes wash their hands, the specimen is kept in full view by the athlete while the collector verifies the specimen temperature to be at least 90 degrees F. The athlete is then escorted to the chain of custody table.
  4. The athlete then provides ID or is identified visually by UNCG medical personnel so that a Chain of Custody Form can be completed for each specimen. The athlete will then personally pour 30ml of urine into sample bottle A and 30ml or the rest of the urine into sample bottle B and personally cap both.
  5. As the athlete watches, the collector will then secure the cap to each bottle with tamper proof tape seals provided on the Chain of Custody Form. The collector will then insert both vials and two copies of the form into the original leak proof collection kit bag and seal it with a final custody seal.
  6. Each collection kit is then kept in a secure location by the collection team until transported to the analysis laboratory according to National Institute on Drug Abuse certified chain of custody protocol.
  7. The athlete will be informed that a copy of the chain of custody will be given to the head athletic trainer and kept in a secure file in the head athletic trainer’s office after the specimen is secured.

V. CONSEQUENCES OF FAILURE TO SIGN THE REQUISITE FORMS AND/OR PARTICIPATE IN OR COOPERATE WITH TESTING

Decline to Execute
1. If a student-athlete declines to execute the required individual notification form (Appendix B), it is tantamount to testing positive, and sanctions will be imposed as specified under “Consequences of Impermissible Drug Use.”
Failure to Appear
1. If the student-athlete fails to appear at the designated time and place for testing, without verified excuse acceptable to the Athletics Director or his or her designee, it is tantamount to testing positive and sanctions will be imposed as specified under the section entitled Consequences of Impermissible Drug Use.
Failure to Produce
1. If the student-athlete fails to produce, within a reasonable period of time, a required urine specimen, eligibility to participate in intercollegiate athletics will be suspended for a period of one week or until the student produces the required specimen under conditions prescribed by the Athletics Director or Head Athletic Trainer, whichever is the lesser period of time. The period of suspension may be extended indefinitely upon failure to produce the required specimen on subsequently rescheduled testing dates.

VI. CONSEQUENCES OF IMPERMISSIBLE DRUG USE

First Offense
1. Evaluation of Drug Involvement - There will be a confidential meeting to evaluate the nature and extent of drug involvement. The student will be required to meet privately with the Athletics Director, Head Coach and the Athletic Trainer to ascertain the facts about the nature, extent, and history of the problem. In eliciting information from the student-athlete, response are to be oral, are not to be given under oath, and are to be revealed only to university officials who have a need to know and persons authorized by the student. No other persons or agencies will be given information except in response to a valid subpoena or court order
2. Counseling and Rehabilitation –
  1. The nature and extent of the university’s counseling and medical interventions that may be required by the Athletics Director, Head Coach and Athletic Trainer, as a condition of continued athletic eligibility, will depend on the nature of the student-athlete’s drug involvement. At a minimum, the student-athlete will be required to enroll in a drug education program prescribed by the university. Suspension will remain in effect until this requirement is satisfied. Any expenses are to be borne by the student- athlete involved. Failure to show for and/or properly reschedule appointments with the substance abuse counselor if necessary will result in:
    1. First Offense – Written warning of further sanctions signed by the student-athlete
    2. Second Offense – Sanctions imposed as that of a second positive drug test.
3. Follow-Up Testing
  1. The student-athlete may be subject to either bi-weekly testing, for the balance of the intercollegiate athletic season, as long as it is deemed appropriate by the Athletics Director, Head Coach and Athletic Trainer. The student-athlete shall bear the costs of such follow-up tests or
  2. Mandatory inclusion during the next round of randomized institutional testing.
4. Suspension or Permanent Cancellation of Athletic Eligibility and Athletic Aid
  1. Even with respect to a first known occasion of drug abuse, the student- athlete shall be immediately suspended from athletic participation for a minimum of one regular or post-season competition effective immediately upon notification of the positive test to the Fayetteville State University Athletics Department. If the positive test occurs during the student-athlete’s “off-season,” the suspension will take effect at the beginning of the upcoming season. In some instances, a student-athlete may have his or her eligibility permanently canceled by the University for a First Offense. If eligibility is cancelled, a student-athlete will not be eligible for renewal of any athletic grant, and an existing grant may be subject to cancellation. Any such cancellation may be imposed only in accordance with the procedures specified in Section VIII.
  2. If applicable, the student-athlete’s athletic grant may also be suspended, reduced or removed on the occasion of a positive drug test. The student-athlete will be informed of this in writing.
5. Parental Notification
  1. The student-athletes parent(s) or guardian(s) will be notified about the positive test and informed of the sanctions that will be imposed.
Second Offense
1. Suspension or Permanent Cancellation of Athletic Eligibility and Athletic Aid
  1. The student-athlete will be immediately suspended from participating in intercollegiate athletic activities for a minimum of one calendar year from the date of the test. A student-athlete may have his or her eligibility permanently canceled by the university. If eligibility is canceled, a student- athlete will not be eligible for renewal of any athletic grant, and an existing grant may be subject to cancellation. Any such cancellation may be imposed only in accordance with the procedures specified in Section VIII.
  2. If applicable, the student-athlete’s athletic grant will be suspended for one academic year or permanently cancelled. The student-athlete will be informed of this in writing.
2. Counseling and Rehabilitation
  1. Appropriate medical and psychological monitoring and counseling may be required of the student-athlete, for the duration of any period of suspension, and thereafter, for as long as the Athletics Director deems appropriate.
3. Follow-Up Testing
  1. During the period of suspension and any time following reinstatement, the student-athlete may be subject to bi-weekly testing, as long as it is deemed appropriate by the Athletics Director. The student-athlete shall bear the costs of such follow-up tests.
Third Offense
1. Cancellation of Athletic Eligibility
  1. For the third offense, the student-athlete will be immediately and permanently dismissed from any participation in intercollegiate athletics at Fayetteville State University. The athletic grant will not be renewed and the existing grant will be terminated. The cancellation of a student-athlete’s eligibility may be imposed only in accordance with the procedures specified in Section VIII.
2. Counseling and Rehabilitation
  1. A student-athlete whose eligibility has been canceled may seek assistance from established university counseling and medical resources otherwise available to students incident to their enrollment at Fayetteville State University. Such services will not be initiated or supervised by the Athletic Department since the student-athlete’s affiliation with the athletic programs of the university will have ended.

VII. APPEALS PROCESS FOR SANCTIONS

Submitting an Appeal
1. In the instance that a student-athlete wishes to appeal the imposed sanctions arising from one or more positive drug tests he or she may request that appeal in writing and submit it to the Chancellor no later than one week after the initial meeting with the Athletics Director, Head Coach, and Athletic Trainer where the student-athlete was informed of his or her positive test and the sanctions to be imposed.
2. The Chancellor’s decision shall be final.
3. All penalties and suspensions will take effect immediately following the initial meeting with the Athletics Director, Head Coach, and Athletic Trainer and may only be reversed by order of the Chancellor. There will be no delay of sanctions while awaiting an appeal.

VIII. PROCEDURES FOR THE CANCELLATION OF ATHLETIC ELEGIBILITY

Written Notice
1. Before a cancellation of eligibility is imposed, the student-athlete will be given written notice by the Athletics Director of the intention to cancel his or her eligibility, of the reasons for the proposed action, and of the right of the affected student-athlete to request a hearing before the cancellation is imposed.
Request for a Hearing or Waiver of a Hearing
1. A student-athlete may obtain a hearing by addressing a request in writing to the Athletics Director within three (3) calendar days after receiving the written notice referred to in Paragraph 1 above. If the student-athlete does not request a hearing within three (3) calendar days after receiving the written notice from the Athletics Director, the proposed sanction will be imposed immediately, without recourse to any institutional grievance or appeal process.
  1. Hearing
    1. Hearing Committee - If an affected student-athlete requests a hearing, it shall be afforded before a standing committee consisting of three (3) persons appointed by the chairman of the Athletics Council. No officer, employee or agent of the Athletics Department shall be eligible to serve on such a committee. The hearing is to be held within five (5) days of the Athletics Director’s receipt of the student-athlete’s request for a hearing.
    2. Conduct of Hearing - The hearing shall be closed and shall be attended only by the student-athlete, his or her advisor, the Athletics Director, the Committee members, and any other persons called by the chair of the Committee. An advisor to the student-athlete can only be a member of the University community and will be allowed to participate in the hearing. Attorneys will not be allowed to attend and/or participate in the hearing. The Athletics Director shall present evidence in support of the proposed cancellation. The burden shall be on the Athletics Director, to prove by a preponderance of the evidence that impermissible drug use in fact occurred. When the Athletics Director has concluded his or her presentation, the student-athlete shall be given an opportunity to respond. Both the Athletics Director and the student-athlete may call and/or question witnesses. The members of the Committee may ask the Athletics Director, the student-athlete and their witnesses questions, or direct that they develop a particular line of inquiry. The members may also seek such additional material or the attendance of such other persons as they judge necessary. Once both parties have made their presentations, the Committee may request that each party present a final statement. Once the final statements have been made, the chair shall conclude the hearing.
  2. Actions by the Committee - After hearing all such evidence as it deems relevant, the Committee shall deliberate in private for the purpose of making findings of fact. The findings and conclusions shall be based exclusively on information provided at the hearing. Within three (3) days after it concludes its inquiry, the committee shall report its conclusions concerning the facts, as make a recommendation to the chairman of the Athletic Council on the proposed cancellation of the student-athlete’s eligibility. The chairman of the Athletic Council shall decide whether to accept the Committee’s findings and recommendation.
  3. Appeals - The affected student-athlete may appeal the decision to the Chancellor within five (5) calendar days. The Chancellor’s decision shall be final. Cancellation of eligibility (with attendant cancellation of any athletic grant) may not be imposed until appeals through the level of the Chancellor have been concluded.

IX. CONFIDENTIALITY OF INFORMATION CONCERNING DRUG USE

General Confidentiality
1. Any information concerning a student-athlete’s alleged or confirmed improper use of drugs, solicited or received pursuant to the implementation of this program, shall be restricted to institutional personnel and those authorized by the student-athlete. No other release of such information shall be made without the written consent of the student-athlete, unless it is in response to appropriate judicial process.
Subpoenaed Information
1. The university cannot guarantee that law enforcement or prosecutorial authorities will not gain access to information in the possession of the institution, since a valid subpoena or other enabling court order may be issued to compel disclosure. The university, however, will not voluntarily disclose such information in the absence of a court order.

X. IMPROPER PROVISION OF DRUGS BY UNIVERSITY PERSONNEL

Endangerment
1. No officer, employee or agent of Fayetteville State University may supply to any student-athlete any drug that may endanger an athlete of affect athletic ability or performance, or otherwise encourage or induce any student-athlete improperly to use drugs, except as specific drugs may be prescribed by qualified medical personnel for the treatment of individual students.
Duty to Report
1. Any person who has information about a possible violation of this prohibition should report such information promptly to the Athletics Director, who will have authority to investigate the allegation and to report the results of any investigation to the Chancellor, for appropriate disciplinary proceedings against anyone who is charged with having violated this prohibition.

APPENDIX A

LIST OF BANNED DRUGS

(Updated as of February 5, 2007)

ANABOLIC AGENTS

ANABOLIC STEROIDS

Androstenediol
Androstenedione
Boldenone
Clostebol
Dehydrochlormethyltestosterone
Dihydroepiandrosterone (DHEA)
Dihydrotestosterone
Dromostanolone
Epitrenbolone
Fluxymesterone
Gestrinone
Mesterolone
Methyltestosterone
Nandrolone
Norandrostenediol
Norandrostenedione
Norethandrolone
Oxandrolone
Oxymesterone
Oxymetholone
Stanozolol
Testosterone²
Tetrahydrogestrinone (THG)
Trenbolone

OTHER ANABOLIC AGENTS AND RELATED COMPOUNDS

Methandienone
Methenolone
Clenbuterol

DIURETICS

Acetazolamide
Bednroflumethiazide
Benzhiazide
Bumetanide
Chlorothiazide
Chlorthalidone
Ethacrynic Acid
Furosemide
Hydroflumethiazide
Hydrochlorothiazide
Methyclothiazide
Metolazone
Polythiazide
Quinethazone
Spironolactone (canrenone)
Triamterene
Flumethiazide
Trichlormethiazide
AND RELATED COMPOUNDS

PEPTIDE HORMONES AND ANALOGUES

Corticoptophin (ACTH)
Human Chorionic Gonadotrophin (hCG)
Luteinizing Hormone (LH)
Growth Hormone (HGH, Somatotrophin)
Insulin like growth hormone (IGF-1)
All the respective releasing factors of the above mentioned substance also are banned
Erthropoietin (EPO)
Darbepoetin
Sermorelin

STIMULANTS

Amiphenazole
Amphetamine
Bemigride
Benzphetamine
Bromantan
Caffeine¹ (Guarana)
Chlorphentermine
Cocaine
Cropropamide
Diethylpropion
Dimethylamphetamine
Ephedrine (Ephedra, Ma Huang)
Ethamivan
Ethylamphetamine
Fencamfamine
Meclofenoxate
Methamphetamine
Methylenedioxymethamphetamine (MDMA, Ecstasy)
Methylphenidate
Nikethamide
Pemoline
Pentetrazol
Phendimetrazine
Phenmetrazine
Phentemine
Phenylpropanolamine (ppa)
Picrotoxine
Pipradol
Doxapram
Prolintane
Strychnine
Synephrine (citrus, Aurantium, Zhi Shi, Bitter Orange
AND RELATED COMPOUNDS

STREET DRUGS

Heroin
Marijuana
Tetrahydrocannabinol (THC)³

Notes

Caffeine- if the concentration in urine exceeds 15 micrograms/ml, the results will be considered positive.
Testosterone- if the administration of testosterone or use of any other manipulation has the result of increasing the ratio of the total concentration of testosterone to that of epitestosterone in the urine to greater than 6:1 the result will be considered positive unless there is evidence that this ratio is due to a physiological or pathological condition.
Marijuana and THC- the result will be considered positive if the concentration in the urine of THC metabolite exceeds 15 nanaograms/ml.

APPENDIX B

NOTIFICATION OF SCHEDULED RANDOM DRUG TESTING BY URINALYSIS

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APPENDIX C

NOTIFICATION OF SPECIAL DRUG TESTING BY URINALYSIS

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APPENDIX D

DRUG AND ALCOHOL EDUCATION, SCREENING AND COUNSELING PROGRAM FOR INTERCOLLEGIATE ATHLETES

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704. Freshman Parking

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FRESHMAN PARKING

Authority: Issued by the Chancellor. Changes or exceptions to administrative policies issued by the Chancellor may only be made by the Chancellor.

Category: Students

Applies to: •Students

History:

Approved - October 1, 2007
First Issued – October 1, 2007

Related Policies: N/A

Contact for Info: Vice Chancellor for Student Affairs (910) 672-1211

I. PURPOSE

Fayetteville State University is responsible for providing the best environment and services for its students to prosper. Research shows that residential students who do not have a vehicle on campus during their first year of college are more apt to perform successfully in the classroom. First year students without vehicles also tend to participate more in on-campus activities, which also increases their likelihood for success during that critical freshman year. Their performance during their first year is the strongest predictor that they will persist to graduation.

II. PARKING PRIVILEGES

No first-time freshman living in a university residence hall shall be permitted to maintain a vehicle on campus. This category of freshmen shall not be issued parking permits by the university’s Police Department.

III. EXCEPTIONS

Students with conditions that may require an exception to this policy (such as serious medical conditions) may file a hardship petition with the Division of Student Affairs. The petition should be filed immediately after the student is admitted to the university or as soon as the hardship condition is determined. The Vice Chancellor for Student Affairs will issue a response to approve or deny the petition within twenty (20) business days of receipt of the request.

IV. VIOLATIONS

Any violation of this policy may result in the revocation of parking privileges for the student’s sophomore year.

705. Hazing

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HAZING

Authority: Issued by the Chancellor. Changes or exceptions to administrative policies issued by the Chancellor may only be made by the Chancellor.

Category: Students

Applies to: ● Administrators ● Faculty ●Staff ● Students

History: Revised – December 21, 2010

Related Policies: Code of Student Conduct

Contact for Info: Dean of Students (910) 672-1201

I. INTRODUCTION

Fayetteville State University (“University”) prohibits any form of hazing of its students, at any time, or at any location on or off campus, including University owned or leased property, private residences, or public property. The University will respond swiftly to investigate reports of hazing received from any source, and will promptly determine whether to proceed with campus disciplinary action, to forward a report to appropriate law enforcement officials for prosecution as a criminal matter, or both. University students who voluntarily consent to hazing, as well as those who inflict it, are subject to such action.

II. HAZING DEFINED

The term hazing shall include, but not be limited to, pressuring or coercing a student into violating state or federal law, any brutality of a physical nature, such as striking in any manner, whipping, beating, branding, exposure to the elements, forced consumption of food, liquor, drugs, or other substances, or other forced physical activities that would adversely affect the health or safety of the student. It also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contacts, forced conduct that would be extremely demeaning or results in extreme embarrassment or any other forced activity that could adversely affect the mental health or dignity of the student.

For purposes of this section, any activity as described above, or any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes, including, but not limited to, recruitment, initiation, acceptance or admission into or affiliation with a university sanctioned organization, shall be presumed to be hazing and a “forced” activity, the willingness or consent of an individual to participate in such activity notwithstanding.

III. NORTH CAROLINA LAW

Hazing is prohibited by North Carolina law which states as follows:

NCGS §14-35. Hazing; Definition and Punishment: It is unlawful for any student in attendance at any university, college, or school in this State to engage in hazing, or to aid or abet any other student in the commission of this offense. For the purpose of this section hazing is defined as follows: “ to subject another student to physical injury as part of an initiation, or as a prerequisite to membership, into any organized school group, including any society, athletic team, fraternity or sorority, or other similar group. Any violation of this section shall constitute a Class 2 misdemeanor.

NCGS §14-38. Witnesses in Hazing Trials: In all trials for the offense of hazing, any student or other person subpoenaed as a witness on behalf of the State shall be required to testify if called upon to do so: Provided, however, that no student or other person so testifying shall be amenable or subject to indictment on account of, or by reason of, such testimony.

IV. REPORTING INCIDENTS OF HAZING

A faculty member, staff member, or currently enrolled FSU student who observes the physical or psychological abuse or intentional public embarrassment of any student or students should immediately report the matter to the Office of the Dean of Students or to the Department of Police and Public Safety. Students who are the victims of such behavior should also immediately report the matter to the Office of the Dean of Students or to the Department of Police and Public Safety. Those offices are charged to take appropriate action to respond to such a report.

Students and employees who know, or suspect, that hazing has taken place are strongly encouraged to report it. Individuals may confidentially report such information by, (a) providing a detailed description online at http://www.uncfsu.edu/studentaffairs/dos/judicialforms.htm of the incident the individual believes to be hazing (b) providing such information to the Dean of Students via the form attached to the Policy as Attachment A.

V. DISCIPLINARY PROCESS

As per the University’s Code of Student Conduct, the Dean of Students may invoke the student disciplinary process upon an allegation of hazing. Campus disciplinary procedures may be initiated, regardless of whether criminal prosecution occurs. The Dean of Students may immediately refer the matter to the campus disciplinary process, or may defer referral until the outcome of the criminal proceedings has been reported. If conviction of a criminal offense of hazing occurs, the student maybe expelled from the University.

VI. VIOLATIONS AND SANCTIONS

Any student(s), student group(s), or student club(s)/ organization(which are affiliated with the University, on campus or off-campus, that are found responsible for hazing will be subject to appropriate sanctions by the University, which may include, but not be limited to the following and other appropriate sanctions as outlined in the Code of Student Conduct:

counseling
disciplinary probation
social suspension
suspension of charter
restrictions on member recruitment and/or group activity
removal of the offending individual from the group
rescission of permission for the University sanctioned group to operate on campus
individual probation, suspension or expulsion

All sanctions imposed by the University do not absolve the student(s), group(s) of students, or student club(s)/organization(s) from any penalty imposed for violation of criminal laws of the State of North Carolina. It shall not be a defense that the consent of the victim to participate was obtained, the conduct or activity that resulted was not part of an official University organizational event or was not otherwise sanctioned or approved by the University organization or the conduct or activity that resulted was not done as a condition of membership to a University organization.

ANONYMOUS HAZING REPORT FORM (PDF)

706. Involuntary Protective Withdrawal

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INVOLUNTARY PROTECTIVE WITHDRAWAL

Authority: Issued by the Chancellor. Changes or exceptions to administrative policies issued by the Chancellor may only be made by the Chancellor.

Category: Students

Applies to: ●Administrators ● Faculty ● Staff ●Students

History:

Revised - September 28, 2012
Revised - August 30, 2011
Approved - September 5, 2008

Related Policies:

Threat Assessment
Code of Student Conduct
UNC Campus Safety Task Force Report [Recommendation I-5]

Contact for Info:

Vice-Chancellor for Student Affairs (910) 672-1211
General Counsel (910) 672-1145
Dean of Students (910) 672-1385

I. PURPOSE

Fayetteville State University (FSU) considers the safety and welfare of its students, faculty and staff to be a top priority. When a student engages in behavior that violates FSU’s Code of Student Conduct (the “Code”), the behavior will be addressed as a disciplinary matter under the applicable Code provision. The Code defines prohibited conduct and outlines a process for conducting disciplinary proceedings.

This Involuntary Protective Withdrawal Policy is not a substitute for appropriate disciplinary action. Further, this policy should not be used to dismiss socially or politically “eccentric” students who have not otherwise engaged in behavior that poses a danger to others or which substantially disrupts the campus community or its activities. Involuntary protective withdrawal should be reserved for cases where interim measures, such as a behavioral agreement, are deemed inappropriate, are not followed, or cannot be agreed upon and/or in extraordinary circumstances in which the regular disciplinary system cannot be applied and after attempts to secure a voluntary withdrawal have been exhausted.

This policy is not intended to dismiss otherwise qualified students solely because of a disability status. This policy is intended to address serious observable behaviors exhibited by a student regardless of the student’s disability status.

II. GROUNDS FOR WITHDRAWAL

A student may be withdrawn involuntarily if FSU determines that the student represents a potential threat to health or safety because the student exhibits clinical signs that s/he has engaged in or is likely to engage in behavior, other than behavior that violates the Code, posing a significant risk of the following:

Causing substantial harm to others;
Impeding the lawful activities of other members of the campus community, or
Impeding the educational processes or proper activities or functions of the University or its personnel.

III. CARE TEAM

The CARE TEAM, which is a subcommittee of the Threat Assessment Team (TAT) shall assist in the rapid and accurate identification of students whose actions pose a threat to personal health and safety or to the safety of the larger campus community. The members of the care team shall be as follows:

Dean of Students (Chair);
University Psychologist; and
Senior Associate Vice Chancellor for Academic Affairs

IV. COMMENCEMENT OF THE INVOLUNTARY PROTECTIVE WITHDRAWAL PROCESS

Complaint to Vice Chancellor

Information concerning a student who may exhibit behavior addressed by this policy should be submitted to the Vice Chancellor for Student Affairs (“Vice Chancellor”). Upon receipt of such information from a credible source, the Vice Chancellor may commence the involuntary withdrawal process. Anonymous information from a credible source will be acceptable. If a credible source wishes to remain anonymous, the Vice Chancellor may delegate an FSU official to interview the source and provide the reported information to the Vice Chancellor. Such delegated FSU official shall be allowed to stand-in for the anonymous informant during University proceedings under this Policy.
Referrals by Vice Chancellor

When the Vice Chancellor, based on a student’s conduct, actions or statements, has credible cause to believe that a student meets the criteria for involuntary protective withdrawal, the Vice Chancellor shall immediately:
1. Ensure that campus police has been contacted if there is an imminent danger;
2. Ensure the conduct is referred to the Threat Assessment Team (TAT) in accordance with the University’s Threat Assessment Policy; and
3. Refer the issue to the Dean of Students who will begin the process of determining whether the conduct violates the Code or whether the conduct should be governed by this policy.
Determine Proper Jurisdiction

The Dean of Students has the authority to determine whether the conduct should be governed by the Code or this policy. The Dean of Students shall have the final authority in this determination.
Initiation of Involuntary Protective Withdrawal Process
1. Immediate Threat
  
  If there is an immediate threat, the Dean of Students, in consultation with other University officials, may initiate the emergency interim withdrawal process outlined in Section V of this policy.
2. Assessing the Student
  
  If there is not an immediate threat, within three (3) business days of the Vice Chancellor’s referral, the Dean of Students shall make an assessment of the student by utilizing the following process:
  1. Meeting With the Student. At the initial meeting with the student, the Dean of Students shall:
    1. Review with the student available information concerning the behavior and/or incidents which have caused concern;
    2. Provide the student with a copy of this policy, discuss its contents with the student, and obtain the student’s written understanding of it;
    3. Provide the student an opportunity to explain his/her behavior; and
    4. Discuss options available to the student including, but not limited to, counseling, voluntary withdrawal and/or evaluation for involuntary withdrawal.
  2. Voluntary Withdrawal. If the student agrees to withdraw voluntarily from the University and provides a written waiver of any right to any further procedures available under this policy, the student shall be immediately withdrawn, given a grade of “W” for all courses, and advised by the Dean of Students verbally and in writing of any prohibitions from campus involvement and conditions that must be satisfied prior to re-enrollment.
  3. Involuntary Withdrawal Notice Process. If the student does not choose to withdraw voluntarily from the University or if the student refuses or is unable to meet with the Dean of Students and the Dean of Students, in consultation with other University officials, determines that the student potentially meets the Grounds for Involuntary Withdrawal in Section II of this policy, the Dean of Students shall provide written notification to the student within two (2) business days of the meeting or a reasonable attempt to meet. The notification shall include the following:
    1. The factual basis of the cause for concern;
    2. The possibility that the University may invoke the process for involuntarily withdrawing the student;
    3. That the issue will be referred to the CARE TEAM;
    4. Whether emergency interim withdrawal is appropriate;
    5. Whether the student shall be required to be evaluated by an appropriate mental health professional and the date and time of the evaluation;
    6. If applicable, that the student must provide written consent allowing the mental health professional and the University to exchange any needed information contained in the student, medical, or psychiatric record; and
    7. That failure to comply with the Dean of Students’ requirements could result in a Code violation and/or lead to emergency interim withdrawal.
  4. Involuntary Withdrawal Not Necessary. If the Dean of Students determines that the student should not be considered for involuntary withdrawal, the Dean of Students, in consultation with appropriate University officials, (1) shall terminate the involuntary withdrawal process; and (2) take any other action deemed necessary or appropriate including, but not limited to, initiating disciplinary action, referring the student to the Center for Personal Development, or requiring a behavioral contract. Except as governed by the Code for a disciplinary action, this decision shall be final.

V. EMERGENCY INTERIM WITHDRAWAL

An emergency interim withdrawal may be implemented immediately by the Dean of Students if it is determined that the student may be suffering from a mental disorder and the student’s behavior poses a significant danger of causing imminent physical harm to the student or to others, or of directly and substantially impeding the lawful activities of other members of the campus community.
If the Dean of Students, in consultation with other FSU officials, determines that it is necessary to issue an emergency interim withdrawal of a student, the emergency interim withdrawal shall become effective immediately upon imposition without prior written notice. As determined by the Dean of Students, during the interim withdrawal, students may be denied access to on- and off- campus university facilities and grounds and be denied access to University sponsored activities, and (whether on or off-campus). A student who is found to have violated this section shall be issued a trespass citation by the Campus Police. Failure to comply with the Dean of Students’ order(s) may result in a Code violation.
The student shall be notified of the emergency interim action in writing. Such notice shall include the following:
1. A description of the behavior(s) giving rise to the emergency interim action;
2. A brief summary of the relevant evidence;
3. A statement that the student may be required to submit to a mental health professional evaluation;
4. A statement of any restrictions; and
5. A statement that the student may request an interim withdrawal conference with the Vice Chancellor for Student Affairs, or his/her designee, within five (5) business days from the effective date of the interim withdrawal, in order to review the following issues only:
  1. The reliability of the information concerning the student’s behavior; and/or
  2. Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the University campus poses a threat.
  Failure to comply with the requirements outlined in the letter could result in charges being filed under the Code.
If the student requests an interim withdrawal conference, the following procedure shall apply to the conference:
1. The conference shall be closed and shall be attended only by the following parties:
  1. The student;
  2. The Vice-Chancellor or his or her designee; and
  3. Any other persons called by the Vice-Chancellor or his or her designee.
2. The interim withdrawal conference shall be recorded.
3. The conference shall begin with the student affirming that the student’s testimony is truthful. A student who provides false information may be subject to charges of intentionally providing false information to the University, pursuant to Section IV.B.5.s of the Code.
4. The student shall present evidence related to the issues outlined in Section V.C.6. of this policy. When the student has concluded his or her presentation, the Vice Chancellor may ask questions of the student. If any other parties are present, they shall also be allowed to ask the student questions.
Once the student has given his or her final statements, the Vice Chancellor shall conclude the conference.
A decision shall be made by the Vice Chancellor within two (2) business days after the conference. The Vice Chancellor shall make a determination as to whether or not the interim withdrawal will continue until a hearing is held, pursuant to Section VII of this policy. The student shall be notified in writing of the Vice Chancellor’s decision. This decision shall be final.
If a student is withdrawn immediately for emergency reasons, the Dean of Students shall arrange with the student’s instructors a method for the student to complete his/her assignments, class participation, any examinations and/or any other class requirements which are due during the emergency interim withdrawal period. Such arrangements shall not include the student’s presence on campus.

VI. EVALUATION BY MENTAL HEALTH PROFESSIONAL

If the Dean of Students determines that a mental health evaluation is necessary, the Dean of Students shall select an appropriate mental health professional to evaluate the student and shall notify the student of the date, time and place of the evaluation. The cost of the evaluation shall be borne by FSU. If the student refuses the mental health evaluation, the Dean of Students (1) in consultation with appropriate University officials, may make a determination of whether emergency interim withdrawal is necessary (if it has not occurred) and (2) may continue the involuntary protective withdrawal process as if the student assented to the evaluation.
The evaluation must be completed within five (5) business days after the involuntary withdrawal notice is provided to the student.
Copies of the evaluation assessment shall be provided to the Dean of Students. Recommendations made as a result of the assessment shall not be binding on the University.
The student must provide written consent allowing the mental health professional and the University to exchange any needed information contained in the student’s educational, medical or psychiatric record. If a student refuses to consent to the exchange of information, the involuntary protective withdrawal process shall continue and the Dean of Students, in consultation with appropriate University officials, may determine whether emergency interim withdrawal is necessary and/or may charge the student with a Code violation for failing to follow a directive from a University official.
The professional evaluating the student shall make an individualized and objective assessment of the student. The evaluation shall be based on a reasonable professional judgment relying on the most current professional knowledge and/or the best available objective evidence. This assessment shall include a determination of the following:
1. The clinical signs the student exhibits;
2. The nature, duration and severity of the risk posed by the student to the health or safety of himself/others;
3. The probability that the potentially threatening act will actually occur;
4. The imminence of the potentially threatening act;
5. Whether the University can reasonably mitigate the risk and if so how the University might do so; and
6. Recommendations for withdrawal, treatment, behavioral contract or other reasonable modifications of policies, practices, or procedures.
If the evaluation results in a determination that the student’s continued attendance presents no significant risk to health or safety and there is no significant threat to property, to the lawful activities of others, or to the educational processes and orderly operations of the University, the Dean of Students, in consultation with appropriate University officials, may terminate this withdrawal process. The Dean of Students may take other appropriate action as necessary including, but not limited to, initiating a charge under the Code, entering a behavioral contract and/or implementing other actions.
If the evaluation results in a determination that the continued attendance of the student presents a significant risk to the health or safety of the student or others, such that there is a high probability of substantial harm, or a significant threat to property, to the lawful activities of others, or to the educational processes and orderly operations of the University, the student must be informed of his/her right to an informal meeting (“Conference”) with the CARE TEAM.

VII. CONFERENCE PROCEDURES

Notification

At least five (5) business days before the Conference, written notice of a Conference with the CARE TEAM shall be mailed to the student (“respondent”) who is to appear before the CARE TEAM. The notice must include:
1. The date, time and place of the Conference;
2. A description of the alleged behavior which indicates that the student presents a significant risk to the health or safety of the student or others;
3. A list of any witnesses; and
4. A copy of the mental health professional evaluation, if available.
Appearance

A respondent who has received notice to appear before the CARE TEAM must appear personally before the CARE TEAM. An emergency interim protective withdrawal will not be suspended pending a Conference under this Section.
Continuances

If the respondent desires additional time to prepare for the Conference, a written request must be submitted to the Dean of Students no less than forty-eight (48) hours prior to the date of the Conference. The Dean of Students reserves the right to deny or grant such a request. A decision whether to grant such a request shall be made within twenty-four (24) hours of receipt of the request. The Dean of Student’s decision shall be final.
Witnesses

A witness shall be any person with direct knowledge relevant to the case pending before the CARE TEAM.
1. Duty to Appear
  
  The Dean of Students, other CARE TEAM members, the Assistant/Associate Vice Chancellor for Student Affairs or the Vice Chancellor of Student Affairs and/or the CARE TEAM members may require the appearance of a witness. The respondent may request, through the Dean of Students or other CARE TEAM member, that a witness be made available for the Conference.
2. Notice.
  
  The Dean of Students shall notify such witness(es) in writing of the time, date, location and purpose of their appearance. The respondent must provide the names and addresses of his or her witnesses at least twenty- four (24) hours before the Conference to the Dean of Students.
3. Contempt
  
  Willful and deliberate failure and/or refusal of any student witness to honor a written request to appear may result in a contempt charge under Section IV.B.5d. of the Code.
Observer

The respondent may have an observer present at the hearing. An observer may be a parent, other relative, faculty member or student currently enrolled at the University. An observer shall not be allowed to participate in the Conference.
Attorneys

Attorneys shall not be allowed at the hearing.
Failure to Appear

If the respondent fails to appear at the scheduled Conference after receiving proper notice and without submitting a valid written excuse to the Dean of Students, the Conference will continue in absentia. The CARE TEAM will conduct the Conference in the student’s absence and make a finding of whether involuntary protective withdrawal is necessary. The CARE TEAM shall forward its recommendation to the Associate Vice Chancellor of Student Affairs.
Conduct of the Conference
1. The Conference shall be closed and shall be attended only by the following parties:
  1. The respondent and his or her witnesses and/or observer; and
  2. The CARE TEAM members, and any other person called by the chair.
2. The Conference shall be recorded. The deliberation phase shall not be recorded. A tape of the Conference may be available to the respondent. Additionally, records generated by the hearing process are accessible only to the respondent and others as provided by law.
3. The Conference shall begin with the respondent affirming that his or her testimony is truthful. (The respondent may be subject to a charge of intentionally providing false information to the University, pursuant to Section IV.B.5.s., if the respondent does not present testimony that is truthful) Thereafter, the respondent shall present evidence to the CARE TEAM that disproves the assessment that the respondent presents a significant risk to the health and/or safety of the respondent or others, a significant threat to property, to the lawful activities of others, or to the educational processes and orderly operations of the University.
4. When the respondent has concluded his or her presentation, the CARE TEAM members may question the respondent. Following questioning by the CARE TEAM, the respondent shall be provided an opportunity to make a final statement
5. Any witnesses called by the CARE TEAM or the respondent shall be asked to affirm that their testimony is truthful. Student witnesses may be subject to charges of intentionally providing false information to the University, pursuant to Section IV.B.5.of the Code, if it is determined that the information provided by the student is false. Prospective witnesses other than the respondent shall be excluded from the hearing during the testimony of other witnesses.
6. The CARE TEAM members may also seek such additional material or the attendance of such other persons as they judge necessary to an understanding of the incident even if it requires that the proceedings be continued until a further date. All decisions by the CARE TEAM shall be based solely upon evidence presented at the Conference.

VIII. THE DECISION OF THE CARE TEAM

Following the Conference, the CARE TEAM shall meet privately to discuss the case. Prior to 5:00 p.m. on the next business day following the hearing, the CARE TEAM will notify, through the Dean of Students, the respondent of its decision.
The decision of the CARE TEAM must be decided according to whether it is “more likely than not” (preponderance of the evidence) that the student meets the Grounds for Withdrawal. In finding that involuntary withdrawal is appropriate under this standard of proof, at least two members of the CARE TEAM must be convinced, based upon information presented in the course of the hearing that the conduct described is more likely than not to warrant involuntary protective withdrawal.
If the CARE TEAM finds that the evidence presented was insufficient to sustain that withdrawal is appropriate, it will notify the respondent and the Vice Chancellor for Student Affairs of its decision through the Dean of Students and take any other action deemed necessary or appropriate, including but not limited to initiating disciplinary actions, referring the student to the Center for Personal Development, implementing reasonable accommodations, or requiring a behavioral contract. Except as governed by the Code for a disciplinary action, this decision shall be final.
If the CARE TEAM finds the respondent’s behavior warrants involuntary protective withdrawal, the CARE TEAM shall recommend to the Associate Vice Chancellor one of or a combination of actions that corresponds with the behavior. In determining the appropriate action, consideration should be given to the entire situation balancing the student’s emotional well-being with the risk to campus safety. The Associate Vice Chancellor shall issue his or her decision, on both the findings, conditions for re-enrollment, and time period of the withdrawal within ten (10) business days of receiving the CARE TEAM’s recommendation.

The CARE TEAM, in its discretion, may permit a student to remain enrolled on a probationary basis under specified conditions which may include, but are not limited to, participation in an ongoing treatment program, acceptance of and compliance with a behavioral contract, a housing relocation, a lighter academic course load, or any combination. When making its determination of appropriate probationary conditions, the CARE TEAM shall consult with appropriate faculty, residential staff (if the student resides on-campus) and other University officials.

Appeal rights shall be specified in the final decision letter along with the time limits in which to appeal and the permitted grounds for appeal.
The involuntary protective withdrawal shall be documented as an “Administrative Withdrawal” on the student’s transcript.

IX. APPEAL RIGHTS

A student who has been involuntarily withdrawn under this Involuntary Protective Withdrawal Policy may appeal the decision to the Vice Chancellor for Student Affairs. The bases for appeal shall be as following:

Demonstration of a significant procedural error;
The availability of compelling new evidence;
Demonstration of bias on the part of a member of the CARE TEAM; and/or
Demonstration that the student’s rights outlined in this Policy were violated.

A decision must be appealed within five (5) business days of the receipt of the decision from the Associate Vice Chancellor.

The decision shall not be appealable beyond the Vice Chancellor for Student Affairs unless otherwise required by state or federal law, or the University of North Carolina policy.

X. VOLUNTARY PROTECTIVE WITHDRAWAL

At any point in the process, the student may present a request for a voluntary protective withdrawal to the Dean of Students. If the request is granted, the involuntary protective withdrawal process shall cease; however, voluntary withdrawal shall not terminate any pending disciplinary action.

If the student’s request for a voluntary withdrawal is granted, the student shall be subject to readmission requirements as described below.

The voluntary protective withdrawal shall be documented as an “Administrative Withdrawal” on the student’s transcript.

XI. READMISSION

A student who is involuntarily or voluntarily withdrawn under this policy shall have the opportunity to re-enroll according to the time period specified in the Associate Vice Chancellor’s decision letter, but that period of re-enrollment may not be before the start of the next semester. Further, the CARE TEAM and the Vice Chancellor for Student Affairs must approve the student’s re-enrollment or readmission based upon a review of the record, including any new information relevant to the matter. The student shall not be entitled to a hearing or appeal of this decision.

As determined by the CARE TEAM and/or the Associate Vice Chancellor for Student Affairs, during an involuntary withdrawal, students may be denied access to the university, including but not limited to residence halls and other on- or off- campus facilities and grounds. Also, during the period of the involuntary withdrawal, the student shall not be allowed to attend University sponsored activities, whether occurring on- or off-campus. A student who is found to have violated this section shall be issued a trespass citation by the Campus Police.

XII. RECORDS AND FEES

Information generated during the course of a Conference held before the CARE TEAM, the Dean of Students, the Associate Vice Chancellor for Student Affairs, and/or the Vice Chancellor for Student Affairs shall be confidential in accordance with the Family Educational Rights and Privacy Act (FERPA). Any person who, without authorization, reveals such information may be subject to disciplinary action.

Voluntary or Involuntary Protective Withdrawal records shall be permanently retained as official records, unless the student is readmitted and successfully completes a degree, at which point the record shall be removed five (5) years after the date of readmission. A student’s prior protective withdrawal record shall be considered only during the condition phase of deliberations, not to determine whether or not the student should be withdrawn from the university.

Applicable federal and state laws regarding the privacy of educational records shall govern the release of student disciplinary records.

The policies and procedures for fee refunds and indebtedness described by the Graduate and Undergraduate Catalogs, the Student Handbook and the Offices of the Registrar and Division of Business and Finance shall apply to students who withdraw, voluntarily or involuntarily, under this policy.

707. Student Education Records (FERPA)

Download as PDF

STUDENT EDUCATION RECORDS [FERPA]

Authority: Issued by the Chancellor. Changes or exceptions to administrative policies issued by the Chancellor may only be made by the Chancellor.

Category: Students

Applies to: ● Administrators ● Faculty ● Staff ● Students

History:

Revised – November 18, 2020
Revised – September 19, 2016
Revised - October 7, 2009
Revised – July 25, 2003

Related Policies:

Family Educational and Privacy Rights Act [20 U.S.C. Section 1232g]
Family Educational Rights and Privacy Regulations [34 C.F.R. Part 99]

Contact for Info:

Office of Legal Affairs (910) 672-1145
Registrar’s Office (910) 672-1185

I. INTRODUCTION

The Family Educational Rights and Privacy Act of 1974 (aka the “Buckley Amendment” or “FERPA”), guarantees certain rights to university students regarding education records. Fayetteville State University (“University”) adheres to those statutory rights and has implemented this policy in order to comply. Specifically, students are afforded the following rights with respect to their educational records:

The right to inspect and review the student’s education records;
The right to consent to disclosure of the student’s education records to third parties, except to the extent that FERPA authorizes disclosure without consent;
The right to request amendment of the student’s education records to ensure that they are not inaccurate, misleading or otherwise in violation of the student’s privacy rights;
The right to be notified annually of the student’s privacy rights under FERPA; and
The right to file a complaint with the U.S. Department of Education concerning alleged failures by FSU to comply with the requirements of FERPA.

II. DEFINITIONS

Directory information means information in a student’s education record that FSU may consider not to be harmful or an invasion of privacy if disclosed under limited circumstances. FSU recognizes the following as directory information: a student’s name, photograph, campus email address, enrollment status, major field of study, dates of attendance, honors, degrees and awards (including scholarships) received, participation in officially recognized activities, organizations and sports, weight and height of members of athletic teams, and the most recent previous educational agency or institution attended. Directory information shall not include a student’s social security number or student identification number.
Disclosure means to permit access to or to release, transfer, or otherwise communicate personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.
Education record is any record (written, printed, taped, filmed, electronic, etc.) maintained by FSU or by an FSU official that is directly related to a student, with the following exceptions:
1. A record kept by an FSU official if it is kept in the sole possession of the maker of the record and is not accessible or revealed to other persons except for a temporary substitute for the maker of the record.
2. Records created and maintained by FSU Police and Public Safety strictly for law enforcement purposes.
3. Records relating to an individual who is employed by FSU that are made and maintained in the normal course of business, relate exclusively to the individual in that individual’s capacity as an employee, and are not available for use for any other purpose. Records relating to an individual in attendance at FSU who is employed as a result of his or her status as a student are education records and are not excepted under this paragraph of this definition.
4. Records on a student that are made or maintained by the Center for Personal Development or the Student Health Center while a professional or paraprofessional is acting in his or her professional/paraprofessional capacity. The records must be made, maintained or used only in connection with treatment and disclosed only to individuals providing treatment. Treatment does not include remedial educational activities or activities that are part of the program of instruction at FSU.
5. Records created or received by FSU after a student is no longer in attendance and that are not directly related to the student’s attendance as a student.
6. Peer graded records before they have been collected and recorded by the instructor.
FSU official means:
1. A person employed by FSU in an administrative, supervisory, academic, research, or support staff position (including FSU law enforcement personnel operating in a non-law enforcement capacity and health services personnel); or
2. A member of FSU’s Board of Trustees in connection with a student appeal; or
3. A person or company with whom FSU has contracted as its agent to provide a service instead of using FSU employees or officials (such as an attorney, auditor, or collection agent); or
4. A member of FSU’s Judicial Board in connection with an academic dishonesty allegation/violation or non-academic misconduct allegation/violation.
Legitimate educational interest means an interest that is essential to the general process of higher education, including teaching, research, public service, academic advising, general counseling, discipline, job placement, financial assistance, medical services, and academic assistance activities.
Parent includes a natural parent of a student, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. A qualified parent is either:
1. A parent of a student who has received written consent from the student to review the student’s education records, or
2. A parent who has claimed the student as a dependent as defined in section 152 of the Internal Revenue Code of 1954 and as amended in the most recently ended tax year.
Personally identifiable information includes but is not limited to the student’s name; the name of the student’s parent or other family member; the address of the student or student’s family; a personal identifier, such as the student’s social security number, student number or biometric record; other indirect identifiers such as the student’s date of birth, place of birth and mother’s maiden name; other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the University community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or information requested by a person who FSU reasonably believes knows the identity of the student to whom the education record relates.
Records custodian is an FSU department/unit which possesses education records of students. (See Attachment A)
Student means an individual who is or who has been in attendance at FSU. It does not include persons who have been admitted but did not attend FSU.

III. THE RIGHT TO REVIEW AND INSPECT

A student has the right, upon request to the appropriate FSU official, to review all materials that are in the student’s education records, except:
1. Financial information submitted by the student’s parents;
2. Letters and statements of recommendation for which the student has waived the right of access, or which were placed in the student’s file before January 1, 1975;
3. Education records containing information about more than one student, in which case FSU will permit access only to that part of the record that pertains to the inquiring student; and,
4. Those records which are excluded from the FERPA definition of education records if such records do not fall within the definition of "public records" under Chapter 132 of the North Carolina General Statutes and records for which there is no other legal right of access under federal or state law.
Procedure to Inspect Education Records
1. Students may inspect and review their education records upon request to a records custodian. The University will not provide copies of records to a student unless the student is located a considerable geographical distance from campus. A qualified parent of a student may, within FSU’s discretion, inspect a child’s records upon the parent’s request to a records custodian. A student or qualified parent should submit to the records custodian a written request which specifies the record(s) the student wishes to inspect.
2. The records custodian will make the needed access arrangements as promptly as possible and notify the student or qualified parent of the time and location where the records may be inspected. The records custodian must provide access within 45 days or less from receipt of the request.
3. When a record contains information about more than one student, the student or qualified parent may inspect and review only the records which relate to the student.

IV. THE RIGHT TO CONSENT TO DISCLOSURE

In all other cases, FSU will not release personally identifiable student information in education records or allow access to those records without prior consent of the student, except as stated in Section IV.B and V. below. Such consent must be written, signed and dated, and must specify the records to be disclosed, the party to whom the records are to be disclosed, and the purpose of the disclosure.
Unless a student requests in writing to the contrary, FSU is permitted to release directory information without consent. Under FERPA, a student has the right to request that the disclosure of directory information be withheld as long as the student is enrolled at FSU. If a student wishes to have the student’s directory information withheld, during the student’s enrollment, the student should submit a written request to the records custodian. Directory information may be released without permission for students no longer enrolled at FSU. However, FSU must continue to honor any valid request to opt out of directory information disclosures made while a student was in attendance unless the student rescinds the opt out request.

V. FERPA AUTHORIZED DISCLOSURE WITHOUT CONSENT

A. FSU may disclose, at FSU’s discretion, personally identifiable information from an education record of a student without the student’s consent if the disclosure meets one or more of the following conditions:
1. FSU Official. FSU may disclose education records to FSU officials whom FSU has determined to have a legitimate educational interest in the records.
2. Other Institutions. FSU may disclose education records, upon request, to officials of another school, school system or institution of post-secondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer. The disclosure may include any information including discipline and health records and updated or corrected information. Students are hereby notified that it is FSU’s policy that it will disclose education records to other educational institutions in these situations without notifying the student of such disclosure of records.
3. Federal, State, and Local Officials and Educational Authorities. FSU must comply with federal and state education agency audits, evaluations and other legal requirements. In order to comply with these requirements, FSU may disclose education records to authorized representatives of the United States Department of Education, the Comptroller General of the United States, the Attorney General of the United States, or state and local educational authorities. FSU will protect education records disclosed to the agencies above. The agencies may make further disclosures if authorized by law.
4. Financial Aid. FSU may disclose education records if the disclosure is in connection with a student’s request for or receipt of financial aid as necessary to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.
5. State and Local Juvenile Justice Officials. FSU may disclose education records to State and local officials or authorities to whom the information is specifically allowed to be reported or disclosed pursuant to State statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system’s ability to effectively serve the students whose records are released; or allowed to be reported or disclosed pursuant to a state law requiring disclosure that was adopted before November 19, 1974.
6. Institutional Studies. FSU may disclose education records to contract organizations conducting the following studies: 1) studies to develop validate or administer predictive tests, 2) studies to administer student aid programs, and/or 3) studies to improve instruction. Before disclosing education records, FSU and the organization must enter a written agreement detailing the scope, purpose and duration of the study. The written agreement must describe mechanisms for the protection of education records. [Seek assistance from the Office of Legal Affairs when entering agreements].
7. Accrediting Agencies. FSU may disclose education records to accrediting organizations to carry out their functions.
8. Parents. FSU may disclose education records to parents of a student who claim the student as a dependent for income tax purposes as defined in section 152 of the Internal Revenue Code of 1954 and as amended;
9. Court Order or Subpoena. FSU may disclose educational records to comply with a judicial order or a lawfully issued subpoena. In most cases, FSU must make a reasonable effort to notify the student of the order or subpoena in advance of compliance, so that the student may seek protective action. However, FSU will not notify the student when the court or other issuing agency orders that a subpoena not be disclosed. In addition, FSU will not notify the student of an ex parte order that is obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.
10. Litigation. FSU may disclose education records to a court, without a court order, in the context of a lawsuit that the student or parent brought against FSU or that FSU brought against the student or parent.
11. Health or Safety Emergency. If FSU determines there is an articulable and significant threat to health or safety, FSU may disclose information from an education record to appropriate parties, including parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. FSU may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals.
12. Directory Information. FSU may disclose education records, upon request, when the disclosure is directory information so designated by FSU. FSU shall not disclose or confirm directory information without meeting the written consent requirements in Section IV if a student’s social security number or other non-directory information is used alone or combined with other data elements to identify or help identify the student or the student’s records. Each request for directory information is evaluated separately and most requests for directory information are denied in order to protect student privacy. FSU may decide not to release directory information to individuals/organizations who seek to conduct fund-raising activities or solicitations. FSU does not release directory information pursuant to public records requests. FSU may, in its considered discretion, release directory information where the release will aid FSU in its mission; where a release is made to benefit students; or to FSU affiliates and partners. FSU will generally not release directory information to marketers or other entities who seek to advertise themselves or their products to students.
13. Victim of Crime. FSU may disclose education records to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the FSU disciplinary proceeding with respect to that alleged crime or offense. FSU may disclose the final results of the disciplinary proceeding, regardless of whether FSU concluded a violation was committed.
14. Other Disclosures of Final Results of Student Conduct Hearings. FSU may disclose the final results of a disciplinary proceeding against a student whom FSU has determined violated an FSU rule or policy in connection with an alleged act that would, if proven, also constitute a crime of violence or non-forcible sex offense. Note that some additional disclosures may be required under the Clery Act or the Campus Sexual Assault Victim’s Bill of Rights.
15. Alcohol or Drug Violations. FSU may disclose education records to parents of a student who is under the age of 21 at the time of the disclosure when the disclosure relates to an FSU determination that the student has violated FSU’s drug or alcohol policies.
16. Registered Sex Offender Information. FSU may disclose educational records when the disclosure concerns sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071, and the information was provided to FSU under 42 U.S.C. 14071 and applicable federal guidelines.
FSU will maintain a record of all requests for and/or disclosures of information from a student’s education records, other than requests by or disclosures to the following:
- the student
- a qualified parent of the student
- an FSU official as defined in Section II
- a party with written consent of the student
- a party seeking only directory information
- a party seeking records pursuant to a subpoena when the court or issuing agency has ordered that the subpoena not be disclosed, or
- he United States Attorney General (or designee not lower than an Assistant Attorney General) pursuant to an ex parte order concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.
The record will indicate the name of the party making the request, any additional party to whom it may be redisclosed, and the legitimate interest the party had in requesting or obtaining the information. The record may be reviewed by a qualified parent or by the student.

VI. RIGHT TO REQUEST AMENDMENT OF AN EDUCATION RECORD

Students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. The following are procedures for the correction of records:

A student must ask the appropriate records custodian, listed in Attachment A, to amend a specific record. In so doing, the student should identify the part of the record the student wants changed and specify why the student believes it to be inaccurate, misleading, or in violation of the student’s privacy rights.
The records custodian may comply with the request or may decide not to comply. If the records custodian decides not to comply, the records custodian will notify the student of the decision and advise the student of the right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s privacy rights.
Upon request, the records custodian will arrange for a hearing and will notify the student reasonably in advance of the date, location, and time of the hearing.
The hearing will be conducted by a hearing officer who is a disinterested party appointed by the Vice Chancellor in authority over the office where the records being contested are located. The hearing officer may be an FSU official. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. One or more individuals with a campus affiliation may assist the student.
The hearing officer will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
If the hearing officer decides that the contested information is not inaccurate, misleading, or in violation of the student’s right of privacy, the hearing officer will notify the student that the student has a right to place in the record a statement commenting on the contested information and/or a statement setting forth reasons for disagreeing with the decision.
The statement will be maintained as part of the student’s education records as long as the contested portion is maintained. If FSU discloses the contested portion of the record, it will also disclose the statement.
If the hearing officer decides that the information is inaccurate, misleading, or in violation of the student’s right of privacy, the appropriate records custodian will amend the record and notify the student, in writing, that the record has been amended.

VII. THE RIGHT TO FILE A COMPLAINT WITH THE U.S. DEPARTMENT OF EDUCATION

A student who believes that the outcome of a hearing to amend his or her education records was unfair or not in keeping with the provisions of FERPA may file a complaint with the U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-4605, concerning alleged failures of FSU to comply with FERPA.

VIII. THE RIGHT TO BE NOTIFIED ANNUALLY OF RIGHTS UNDER FERPA

FSU provides official notice to students of their rights under FERPA by publishing such notice in the FSU Undergraduate and Graduate Catalogs and posting it at http://www.uncfsu.edu/registrar

IX. STUDENT’S EDUCATION RECORDS AT THE UNIVERSITY OF NORTH CAROLINA GENERAL ADMINISTRATION

Certain personally identifiable information about students may be maintained at The University of North Carolina General Administration “University”), which serves the Board of Governors of the University system. This student information may be the same as, or derivative of, information maintained by a constituent institution of the University; or it may be additional information. Whatever their origins, education records maintained at General Administration are subject to FERPA.

A student may file with the U.S. Department of Education a complaint concerning failure of General Administration or an institution to comply with FERPA.

The policies of The University of North Carolina General Administration concerning FERPA may be accessed in the Office of the Secretary of The University of North Carolina, General Administration, 910 Raleigh Road, Chapel Hill, NC. Questions about the policies may be directed to Legal Section, Office of the President, The University of North Carolina, General Administration, Annex Building, 910 Raleigh Road, Chapel Hill, NC (mailing address P. O. Box 2688, Chapel Hill, NC 27515-2688).

X. LIMIT TO PROTECTION OF EDUCATION RECORDS

FERPA’s protection of personally-identifiable information in a student’s educational record ends at the time of the student’s death. After the death of a student, at FSU’s discretion, the student’s education records may be disclosed. Unless FSU has information to the contrary, 75 years after the student’s last date of enrollment, FSU will presume that the student is deceased.

ATTACHMENT A

Location of Student Education Records

Academic Records

Registrar
Lilly, Room 300

Dean, University College Helen Chick, Room 103

Director of Continuing Education
Marion and Aronul E. Harris Building, Suite 130

Office of the Academic Department Chair (for the particular major)

Office of the School/College Dean (for the particular major)

Admissions Records

Director of Admissions
Collins, Lower Level

Athletics Records

Director of Athletics
Health & PE Building, 3rd Floor

Office of the Coach of the Particular Sport
Health & PE Building, 3rd Floor

Career Services Records

Director of Career Services,

Rudolph Jones Student Center, Room 223

Disability Accommodation Records

Director of the Center for Personal Development
Spaulding, Room 155

Disciplinary Records

Director of Student Conduct

Employment Records

Associate Vice Chancellor for Human Resourcest
Barber, Lower Level

Director of Student Financial Aid
Lilly, 1st Floor

Financial Aid Records

Director of Student Financial Aid
Lilly, 1st Floor

International Students Records

Assistant Vice Chancellor for International Education
Hackley Honors Hall, Suites 117 and 118

Residence Hall Records

Director of Residence Life
Williams Hall

ROTC Records

Air Force ROTC Office
Lauretta J. Taylor Building, Room 136

Army ROTC Office
Taylor Science Building, Suite 109

Student Accounts Records

Treasurer/Bursar’s Office
Lilly, 2nd Floor

Title IX Records

Titles IX Coordinator
Barber, Room 242

Chapter 700 Student Matters

CODE OF STUDENT CONDUCT

I. AUTHORITY

II. JURISDICTION

III. DEFINITIONS

IV. NON-ACADEMIC MISCONDUCT

Reports of Non-Academic Misconduct

Individual Student

Student Organization

Reports Involving Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence and Sex-Based Stalking by a Student

Student Disciplinary Process

Interim Actions

Conduct Review

Student Organization

Filing of Formal Charges

Hearing Referrals

Time frames for Hearings

Hearing Procedures

Pre-hearing

Continuances

Witnesses

Presence of an Observer

Failure to Appear

Hearing

Determination of Responsibility

Disciplinary Sanction(s) Decision

Administrative Decision Timeline

Notice of Responsibility and Sanction

Hearing Body

Student Conduct Board (SCB)

Election of Members

Chief Justice and Associate Chief Justice

Disciplinary Action against a SCB Member

Conflicts of Interest

Administrative Hearing Body

Administrative Hearing Body Membership Appointment

Training of Conduct Officer and Decision-maker(s)

Conflicts of Interest or Bias

Associate Vice Chancellor as Hearing Body:

Code Violations

Sanctions

No-Contact Order:

Appeals

V. ACADEMIC DISHONESTY

Definition

Acts of Academic Dishonesty

Facilitating Academic Dishonesty

Attempting Academic Dishonesty

Cheating

Falsification

Plagiarism

Filing of and Response to Acts of Academic Dishonesty

Notification

Interview

Referral to the Academic Integrity Board

Appeal to the Academic Integrity Board

Academic Integrity Board

Composition

Student Members

Faculty Members

Academic Integrity Board Chair

Hearing Procedures

Notification

Conduct of the Hearing

Determination of Responsibility

Finding of No Responsibility

Finding of Responsibility

Sanctions

Community Service

Failing Grade

Probation

Suspension

Expulsion

Appeals

VI. OTHER CODE RELATED PROVISIONS

Confidentiality of Proceedings and Student Records

Notification of Alcohol and Drug Violations

Notification of Victims of Crimes of Violence or Non-forcible Sex Offenses

Public Records of Crimes of Violence or Non-forcible Sex Offense

Records Retention and Disposition