Student Code of Conduct, UNCG

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For more information about The Code of Conduct, please contact:

Dr. Brett Carter
Associate Dean of Students
(336) 334-5514
bacarte2@uncg.edu

THE STUDENT CODE OF CONDUCT

UNIVERSITY COMMUNITY VALUES AND POLICIES
1. Members of the UNCG community embrace fundamental principles to ensure a campus environment conducive to peaceful and productive living and study. These principles include five values: honesty, trust, fairness, respect, and responsibility. Members of the community who adopt these principles will seldom have need of the Student Code of Conduct (the Code). When members of the community fail to observe these principles, the Code is used to affirm these values through adjudication of allegations involving violations of these values. Allegations made against individuals or organizations include reference to the general principle that is at risk as well as the specific conduct alleged to be a violation of the Code.
  The Student Code of Conduct, Academic Integrity Policy and The UNCG Neighborhood: A Guide to Residence Life Policies and Procedures (Living in the Residence Halls) are printed in the UNCG Student Calendar/Handbook 2008-2009; other policies are found in a variety of official publications of University departments and on the Policies for Students Web page at http://deanofstudents.uncg.edu.
2. The Student Code of Conduct is one of three formal policies governing student conduct at UNCG. The Student Code of Conduct addresses general student conduct, usually excluding academic responsibilities. The Code details the fundamental fairness and process requirements for student conduct proceedings; it does not duplicate or replace the purposes of the Academic Integrity Policy or of other graduate or professional policies related to schools, departments, or professions.
  1. The Academic Integrity Policy (the Policy) governs student conduct directly related to the academic life of the institution. The Policy is applicable to any academically related experience involving UNCG students (or alumni in cases where violations are discovered after graduation) whether occurring on the campus or at host institutions or sites. All alleged violations of the Policy must be resolved in accordance with this Policy and under the direct authority of a UNCG faculty member or the Dean of Students.
  2. Graduate or professional schools within the University may initiate charges against students for alleged violations of professional standards or ethics as a separate issue or as an extension of alleged acts of academic dishonesty or violations of the Student Code of Conduct. Double jeopardy is not implicated since the student is simultaneously accountable to multiple and separate jurisdictions - institutional standards of academic dishonesty and/or general conduct, or a departmental conduct hearing officer in cases of alleged violations of departmental policies. ¹
  3. By action of the Board of Governors of The University of North Carolina, the Chancellor is responsible for all matters of student conduct. This responsibility is normally delegated to the Vice Chancellor for Student Affairs for the purpose of implementing approved policies and procedures. However, the Chancellor's ultimate authority in the regulation of student conduct, including direct intervention by the Chancellor when deemed appropriate, is presumed by this Code.
  4. Students play a major role through the Student Government Attorney General and the Dean of Students offices in the formulation of rules for student conduct and in the adjudication of cases involving alleged breach of those rules.
3. Interpretation and Revision
  1. Any questions of interpretation regarding the Code shall be referred to the Dean of Students Office for final determination.
  2. The Student Code of Conduct shall be reviewed annually under the direction of the Dean of Students Office
  3. Students and other university community members may make policy suggestions directly to the Dean of Students Office.
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JURISDICTION OVER STUDENT CONDUCT
1. The Student Code of Conduct and the processes for its administration and enforcement exist for the protection and advancement of the University community's particular institutional interests. The Code applies to individual students and student groups/organizations and is used to enforce University policies and regulations. In many instances, a violation of law may also be treated as a violation of University regulations.
2. Conduct proceedings on campus are designed to deal developmentally with student behavior in the University community that is prohibited or is deemed unacceptable to the community. When the behavior is aggravated or presents a continuing danger to the University community, accused students are subject to separation from the institution. Conduct action is not a substitute for judicial mechanisms of the larger community. Criminal prosecution in the court system is designed to be punitive and to provide social consequences for convicted offenders. Student offenders may be charged under either or both systems.
3. The University's jurisdiction extends to all admitted or enrolled students while they are present on premises owned by the University, on city streets running through or adjacent to the campus and in off-campus buildings occupied by students by virtue of their association with a group/organization given formal recognition by the University or at a host institution or other site for an academic or extracurricular University-related experience. This Student Code of Conduct may also be invoked against students whose off-campus behavior:
  1. disrupts or threatens to disrupt any members of the University community in pursuit of educational objectives;
  2. disrupts or threatens the health, safety, welfare or property of any person in the University community;
  3. disrupts or threatens the University's reputation or its property; or
  4. disrupts or threatens to disrupt any operation or function of the University.
  On occasion, instances of student misconduct may constitute offenses against the larger community. Students are responsible for knowing and observing all Federal and State laws, and local ordinances.
4. Under agreement with the City of Greensboro, the University Police will notify the Greensboro Police Department of incidents involving felony level offenses and may choose to report other offenses. The fact that a student is or has been prosecuted in criminal court for a violation of law does not preclude University jurisdiction over the misconduct. Civil or criminal authorities are not precluded from taking action against students for on-campus violations of public laws and ordinances.
5. Allegations concerning violations of this Code must be brought in writing to the attention of the Dean of Students Office within 120 days of discovery of the alleged offense. Violations alleged to have occurred more than four months earlier will be considered "stale" and normally will not be subject to conduct action. Exceptions to this policy will be made at the sole discretion of the Vice Chancellor for Student Affairs or designee. Such exceptions may include allegations that are still under investigation or cases in which the safety of individuals or the community is deemed by that official to be at risk.
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VIOLATIONS UNDER THE CODE
Specific violations are listed as examples only. Individual students and student groups/organizations are expected to exercise good judgment and discretion in their actions at all times.²
1. Honesty
  An academic community of integrity advances the quest for truth and knowledge by requiring intellectual and personal honesty in learning, teaching, research, activities, and service. Cultivating honesty lays the foundation for lifelong integrity, developing the courage and insight to make difficult choices and accept responsibility for actions and their consequences, even at personal cost.³
  Violations of Honesty may include but are not limited to:
  Furnishing false information to any member of the University community; falsification, forgery, fraud, or misuse of documents, keys, identification cards, and parking permits.
2. Trust
  An academic community of integrity fosters a climate of mutual trust, encourages the free exchange of ideas, and enables all to reach their highest potential. Only with trust can members of the University community believe in and rely on others and move forward as a community. Only with trust can the community believe in the social value and meaning of an institution's scholarship and degrees.⁴
  Violations of Trust may include but are not limited to:
  Misuse of access privileges to University premises; violation of a position of trust or authority; misuse of University or organization names and images; possession of stolen property; theft; misuse of restricted areas, misuse of University computing facilities, passwords, accounts, or information.
3. Fairness
  An academic community of integrity establishes clear standards, practices, and procedures and expects fairness in the interactions of students, groups/organizations, faculty, and staff. For students and groups/organizations, important components of fairness are predictability, clear expectations, and a consistent and just response to dishonesty. Faculty and staff also have a right to expect fair treatment from students and from colleagues.⁵
  Violations of Fairness may include but are not limited to:
  Disruption of University operations; obstruction of freedom of movement of community members or visitors; abuse, interference, or failing to comply in University processes including Conduct and Academic Integrity hearings.
4. Respect
  An academic community of integrity recognizes the participatory nature of the learning process and honors and respects a wide range of opinions, ideas, and cultures.⁶
  Violations of Respect may include but are not limited to:
  Threatening or causing physical harm or harassment; hazing; non-consensual sexual acts; conduct which disturbs the peace of the community; trespass on University property or premises; conduct which is disorderly; infringement on the rights or property of members of the University community; failure to comply with directions of University officials; hate crimes, violation of a University No Contact Order; any act or omission that a reasonable, intelligent college student knows, or should know, infringes on the rights or property of members of the University community. Lack of intent or knowledge may be a mitigating factor in determining sanctions but does not excuse harm to person or property.
5. Responsibility
  An academic community of integrity upholds accountability and depends upon action in the face of wrongdoing. Every member of an academic community—student, group/organization, faculty member, and staff—is responsible for upholding the integrity of the community.⁷
  Violations of Responsibility may include but are not limited to:
  Violation of University policy or law regarding alcohol ⁸; violation of University policy or law regarding firearms or other weapons; attempted or actual damage to property; violation of University policy or law regarding drugs (possession, knowledge, use, or transfer of a controlled substance); facilitating or accepting improper behavior; violation of the fire Code; assisting in the violation of University policies or public laws; violation of University policies; violations of federal or state laws, or local ordinances which affect the interests of the University community; the knowledge of or unintentional failure of any organized group to exercise preventive measures relative to violations of this Student Code of Conduct by its members.
  
  Sanctions for minor violations under the Code range from warning to probation with restrictions.
  Sanctions for major violations under the Code may range from warning with restrictions to expulsion from the University.
  
  Note: Under the Code possession is defined as having knowledge of a substance and/or being in such close proximity to the substance that it is a reasonable presumption that one had knowledge of the substance. (See XIV. Definitions). One of the typical sanctions for a second alcohol violation or the first illegal drug violation is immediate removal from the residence halls. (See IX. Sanctions.)
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NOTIFICATION AND HEARING OF CONDUCT ALLEGATIONS
1. Allegations of Code violations will be presented to students by means of a written notice of referral from the University Police or in other cases by written or electronic notification from the Dean of Students Office. This notice will contain the substance of the allegations and refer the student to the Dean of Students Office to schedule a a Student Conduct Conference, as outlined below. Prior to meeting with and formally charging the student, the Dean of Students Office will proceed based upon one of the following procedures:
  1. In instances when action is either pending or completed against a student in a State or Federal court and when the University's interests are at issue, the Dean of Students Office, in consultation with appropriate officials, will determine whether action is required by the University to protect its interests regardless of whether the student withdraws from the University. If the Dean of Students Office believes that the University's interests have been affected, the student will be formally charged, or
  2. Receive and review allegations as described below:
    1. Allegations shall be prepared in writing and directed to the Student Affairs Division conduct officer (or a departmental conduct officer in cases of alleged violations of departmental policies). Such allegations shall be submitted as soon as possible after the incident takes place, preferably within thirty (30) days of the discovery of the violation.
    2. The conduct hearing officer will conduct a preliminary screening of the allegations to determine whether (1) the allegation, if proven, would constitute a violation under the Code; and (2) based upon the stated facts of the allegation, there is reasonable belief that such a violation may have occurred. This screening may involve reading of the description of the alleged conduct, or discussion with the individual(s) making the allegation, as appropriate to the situation. The University may decide to proceed with charges without the victim/accuser's consent, if in the professional judgment of the conduct officer, the community's interests are best served by proceeding with the conduct process.
2. Once such allegations are brought to the attention of the student in the above manner, the accused student is obligated to contact the Dean of Students Office within three (3) business days of receipt to schedule a Student Conduct Conference (SCC). The Dean of Students Office will contact the student in writing to the last know and updated address by the student on file with the University. The University has no further obligation to notify with the respect to inaccurate addresses if the student fails to properly notify the University of any change of address. The SCC provides the student with:
  1. Opportunity to review allegations and provide information.
  2. Opportunity to review fundamental fairness guarantees/procedures (see below).
  3. Notice of formal charges resulting from allegations.
  4. Notification of the process for resolving formal charges through conduct proceedings.
  5. Opportunity to accept or deny responsibility for these formal charges.
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FUNDAMENTAL FAIRNESS GUARANTEES
Accused students at The University of North Carolina at Greensboro are guaranteed the following elements constituting fundamental fairness in conduct processes:
1. To be afforded a fair and timely hearing, including the opportunity to challenge for cause the conduct officer, or panelists, or composition of any hearing panel;
2. To be informed of the accusations and the evidence;
3. To be afforded adequate time to prepare for the hearing;
4. To offer relevant evidence and witnesses who can provide direct information;
5. To have the opportunity to be advised by a student advisor throughout the student conduct process. A student advisor is provided by the Student Government Attorney General's Office. Exceptions to this provision are made at the discretion of the conduct officer;
6. To receive in writing the outcome of the case;
7. To appeal based on current Appellate Hearing Procedures as specified in the Code;
8. To waive any of these rights—A "responsible" plea represents a waiver of all hearing opportunities of the accused other than the appeal of unreasonable sanctions;
9. To be afforded confidentiality in the handling of the conduct process in accordance with applicable policy and law.
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STUDENT CONDUCT CONFERENCE
1. The accused must schedule a Student Conduct Conference (SCC) with the conduct officer or designee within three (3) business days of the date of notice of the allegation, as described in the Code. (Failure to respond will be treated under the procedures for failure to respond as described in D.3.)
2. At the Student Conduct Conference, a conduct officer will discuss with the student the facts of the allegation and other related information and will explain the procedures to be followed.
3. Following this discussion, a conduct officer will inform the student as to whether a formal conduct charge or other means including mediation will be pursued to resolve the allegations.
4. If a student is formally charged with a conduct violation, the conduct officer will inform the accused student of his/her rights, options available for resolution, and procedures in cases of failure to respond or withdrawal from the institution in the face of conduct charges as follows:
  1. Plead "not responsible" to the charge and have a hearing before the appropriate hearing authority where a determination of responsibility will be made through procedures described in the Conduct Hearings section. If the student is held responsible by the hearing panel/officer, appropriate sanctions will be determined.
  2. Plead "responsible" as charged, waive a hearing, and accept sanctioning as described in the Conduct Reviews section.
  3. An accused student who fails to respond to a charge letter and the requisite Student Conduct Conference or at any time fails to respond to notification regarding the conduct process or refuses to abide by the conduct procedures, will forfeit the hearing option described above. In this case the accused student, having been notified at least seven (7) business days in advance, will be subject to having a conduct review without further notification. This review will proceed, whether or not the accused student is present, and if the student is found responsible appropriate sanctions will be determined by the conduct hearing officer based on information available at that date. The student will be notified by mail of the outcome of this review.
  4. Students who are not enrolled at the time of the conduct proceeding will be subject to a "hold" on their records which prevents further registration at UNCG pending resolution of outstanding conduct complaints. The University will adjudicate the complaint against the accused student regardless of whether the accused is currently enrolled. In addition, the hold can be extended to prevent release of transcripts. The conduct records of students attempting to transfer to another institution while conduct charges are pending at UNCG are subject to disclosure to the transfer institution.
5. Decision Deferred
  1. In cases where a panel or conduct hearing officer believes additional information is needed prior to decision or sanction, the student may be referred for assessment or evaluation by internal or external agencies. In such cases, the hearing or review of the case shall be deferred until such time as the requested assessment or evaluative information can be obtained.
  2. The conduct hearing officer will further inform the accuser and the accused of the following processes which may be requested of the conduct officer in the resolution of allegations and disputes arising under the Code. The conduct officer may grant these requests at his/her discretion. Any accused or accusing student who engages in a formal University process for dispute resolution may:
    1. request an accused or accusing student initiate no contact with one another or key witnesses under penalty of conduct action;
    2. request, at the discretion of the conduct officer, an alternative to giving a statement in a face-to-face setting with the opposing student;
    3. request the presence of at least one support person and additional persons at the discretion of the conduct officer;
    4. choose to make a statement to the hearing body or officer concerning the impact of the incident on his/her life;
    5. request current information concerning the status of his/her case within the guidelines of applicable policy and law;
    6. request specific information concerning the findings of the hearing process within applicable policy and law;
    7. request assistance, when housing is relevant to the incident, regarding University residential housing from the Office of Housing and Residence Life, including a request to change housing assignments or to leave University housing with a pro-rata refund pursuant to the University Refund Policy;
    8. request assistance from the Office of Student Academic Services to receive academic relief or other exceptions to current academic regulations.
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CONDUCT REVIEWS
Following the SCC, the accused student will receive written or electronic notice to the address most recently made available to the University by the student. This notice will advise the student concerning resolution of formal charges through the Dean of Students Office in one of the following proceedings:
1. Students who accept responsibility for formal charges will be scheduled for a conduct review with a conduct officer at which sanctions will be assigned. This review will involve the student and the conduct officer. A conduct officer may allow other participants in the review at his/her discretion.
2. The conduct officer will hold a conduct review of the incident as follows:
  1. Meet with the responsible student to seek information relevant to the circumstances of the offending conduct prior to assigning a sanction, or
  2. At the discretion of the conduct officer in cases where there is an admission of responsibility and the accused or accuser requests the opportunity to present new information concerning aggravating or mitigating factors in the case, a modified review may be conducted. In this review, participants will be permitted to offer relevant information, documents or other evidence, including character evidence prior to the sanction decision by the conduct hearing officer.
  3. In cases where the student has pled "responsible" to the violation, and has accepted full responsibility for the consequences of such actions and requests an immediate judgment, the conduct hearing officer may deem further review unnecessary and proceed with sanctioning at the time of the Student Conduct Conference.
3. Students who deny responsibility for formal charges will be scheduled for either a conduct hearing with the conduct officer or with a hearing panel. Any student may request a hearing before a panel and the conduct officer may, at his/her discretion, grant this request if, in his/her professional judgment, the complexity or seriousness of the allegations support this request. The request is normally granted if a finding of responsibility would likely lead to a sanction of suspension or expulsion.
  1. Upon mutual request and agreement of the accused student and the accuser, and with the consent of the conduct officer, alternative dispute resolution, including negotiated settlements between the parties, mediation or similar forums, may be scheduled in lieu of formal charges.
  2. Students not enrolled at the time of the formal charge or conduct proceeding who fail to respond will be treated as outlined in the Student Conduct Conference section. Students who have graduated or withdrawn from the University may have their transcripts and/or diplomas placed on hold pending resolution of the charges which may proceed regardless of their current enrollment status.
  3. A student whose presence, in the opinion of the conduct officer, poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process may be immediately suspended by the Vice Chancellor for Student Affairs or designee. The conduct process will follow this interim suspension as soon as practical.
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CONDUCT HEARINGS
Student conduct which violates policies of the University community will be addressed under hearing procedures designed to facilitate fair and impartial resolution. Hearings, whether held before a conduct officer or full hearing panel, are unlike courts. These conduct processes engage in a full discussion of charges and circumstances. Rules of evidence, procedures, and involvement of attorneys differ from proceedings before criminal or civil authorities.
1. Student Affairs Division-Level Hearings
  1. The Assistant Dean of Students and/or a representative designated by the Vice Chancellor for Student Affairs will serve as the conduct officer.
  2. All cases that may result in separation or interim suspension from the University shall be referred to the Assistant Dean of Students or designee.
  3. In cases referred to conduct hearing panels, the Assistant Dean of Students will appoint a panel which will normally consist of six persons: three (3) students, and three (3) members of the faculty/staff. In no case shall a panel consist of less than four (4) nor more than six (6) members with students and faculty/staff equally represented. At least one (1) panelist may be the Student Government Attorney General or his/her designee. This panel will hear appropriate cases as brought by University officials or students.
2. Adjudication in Other Departments of Student Affairs
  The designated departmental conduct officers outside the Division Office may hear cases which will not result in separation or interim suspension from the University. Reviews of allegations in which students plead "responsible" may be conducted in accordance with procedures described in this Code. Administrators of such other departments have discretion to refer adjudication of any violation to the Student Affairs Division conduct officer.
  1. Residence Life Reviews
    1. Alleged violations of the "Application-Contract for Housing and Food Service" which also constitute alleged violations of the Code and other minor offenses against this Student Code of Conduct occurring in the residence halls and not addressed in Appendix D of the Code will be subject to reviews by the Office of Housing and Residence Life and be resolved under policies as stated by each residential area for minor residential violations. The Residential Conduct Officer or his/her designee will serve as the conduct officer.
    2. Alleged violations of the housing contract unrelated to violations of this Code shall be subject to administrative action by the Office of Housing and Residence Life.
  2. Campus Recreation and the Office of Student Life
    1. These departments review most cases involving alleged violations by student groups/organizations of departmental policies and regulations. (Exceptions are noted above, in addition to cases where the alleged violations, if true, would likely result in revocation of the group's charter which will be referred to the conduct officer in the Dean of Students Office.)
    2. The administrative head or designee of each office will serve as the conduct officer in conducting an administrative review of the alleged violation. Following such review, an organization held responsible for violations of the Code or of departmental regulations shall receive appropriate sanctions.
  3. Prior consultation with the Dean of Students Office before the final hearing action shall be required in the following cases:
    1. Requests for referrals for assessment or treatment not included in this Code
    2. Actions under the University Policy on Illegal Drugs.
3. Scheduling Hearing Processes
  1. After the Student Conduct Conference occurs, hearings are scheduled within a reasonable time.
  2. At the discretion of the conduct officer, a one-time postponement for cause in the scheduled hearing date may be granted upon request of any principal to the hearing action. This postponement for cause, when granted, will not exceed ten days in the absence of extraordinary circumstances, to be determined by the conduct officer.
  3. Students facing conduct allegations or charges will continue through the conduct process regardless of whether or not they are currently enrolled.
4. Attendance
  Hearings are closed to the public, subject to applicable policy and law. In addition to the conduct officer and/or members of the hearing panel, only the following normally are allowed to attend: a support person for the accused, a support person for the victim, (a support person shall be a silent observer and may not have an active role in the hearing); the accused; the student advisor of the accused, if engaged; the case coordinator; witnesses or persons who have been asked to provide a statement by either the accused or victim. Such witnesses or persons asked to provide a statement shall be present only for the portion of the hearing that involves their statement and questions arising from that statement. The conduct officer will preside over the hearing. Admission of any additional persons to the hearing shall be at the discretion of the conduct officer. Because student conduct hearings are not legal proceedings, attorneys are not permitted to participate. In cases where criminal charges are pending against the accused student, the student may be accompanied by an attorney. However, the attorney's role in such cases will be limited to that of being a silent observer.
5. Evidence
  The conduct officer has sole discretion to decide the relevance of evidence and witnesses. A listing of documents, exhibits, witnesses and any other evidence that a party wishes to present at the hearing must be registered three (3) business days prior to the hearing with the Dean of Students Office. Evidence will be allowed if, in the judgment of the conduct officer, it bears on the facts of the case. Written statements by witnesses or others having knowledge of the allegations may be allowed in the absence of a personal appearance by the writer if such statements are notarized or represent statements by a sworn law enforcement officer or professional or student employee of the University. Such statements will be weighed by those hearing the allegations on the basis of their content and relevance.
6. Witnesses
  1. The statement of witnesses will be heard if the conduct officer deems that it is offered in good faith, bears upon the facts of the case, and is not merely cumulative, i.e. does not simply repeat prior statements. The statements of two (2) character witnesses may be heard, but can be considered only for decisions of sanctions, not to draw conclusions about the responsibility of the accused. Character witnesses are asked to testify only if a finding of responsibility occurs.
  2. Information that is not from a first hand source may be considered in the course of a hearing under certain conditions; the legal rules of hearsay evidence do not apply. The conduct officer will rule on whether such information is appropriate and may be admitted in the hearing. In no case should the hearing outcome be decided solely on such information.
  3. In an effort to ensure that conduct hearings provide equal opportunity to the accused and the University to present and question witnesses, the following practices should pertain:
    1. Affected parties (accused/case coordinator) must submit to the conduct officer, in writing, the names of all witnesses the student intends to present at the hearing and the expected subject matter of the witnesses' statements no later than noon (12:00 p.m.) three (3) business days prior to the hearing date for approval by the hearing officer.
    2. Affected parties should contact the Dean of Students Office after noon (12:00 p.m.) two (2) business days prior to the hearing to obtain information regarding the identity of proposed witnesses and the expected subject matter of the witnesses' statements.
    3. If, at the time of the hearing, either the case coordinator or the accused calls a witness who was not previously identified, the case coordinator, accused, or their representatives may challenge the witness or his/her statement at the hearing. Such challenges will be reviewed by the conduct officer and affirmed or denied in his/her sole discretion.
    4. In some cases, the conduct officer may issue a notice to appear as indicated below. Such internal notices are not issued unless the expected statements would be clearly relevant, and will not be issued with the intent to embarrass or harass a potential witness.
      1. University students are expected to comply with notices to appear. University students who fail to respond to such notices are subject to an allegation of a conduct violation. Third parties not subject to the Student Code of Conduct who may be requested to appear in a Conduct Hearing are expected to make every effort to assist the conduct process. The unavailability of such third parties to a hearing procedure will be treated as in ii below.
      2. If the conduct officer determines that a fair hearing cannot be held without the statement of a particular witness, and if after good faith attempts are made, the witness either fails to or refuses to appear, the Conduct Hearing may be postponed until the witness agrees to appear; or the charges may be dismissed at the discretion of the conduct officer.
7. Consideration of Victim's Needs
  The University will not voluntarily release a victim's name to the public or media except as required by law. Further, University staff will, upon request by the victim:
  1. Meet with a victim privately, at a reasonable place of his/her choice, to discuss the situation in a confidential manner;
  2. Treat a victim with courtesy, understanding, and professionalism;
  3. Assist a victim in privately contacting counseling, advising, and other available resources should the victim so choose;
  4. Arrange that the accused or any persons acting on the accused's behalf not have contact with the victim;
  5. Continue to be available to a victim to answer questions, explain the systems and processes involved, and be a willing listener;
  6. Keep him/her informed on the progress of the case as allowed by law and policy;
  7. Respond to requests for assistance regarding University residential housing from the Office of Housing and Residence Life, including a request to change housing assignments or to leave University housing with a pro-rata refund of any balance based upon the University Refund Policy;
  8. Assist with requests for assistance to the Office of Student Academic Services to receive academic relief or other exceptions to current academic regulations;
  9. In cases of sexual assault or crimes of violence, notify a victim of the outcome of any conduct proceedings.
  10. Arrange, at the discretion of the conduct officer, an alternative to giving a statement in a face-to-face setting; and
  11. Arrange for the victim to have the opportunity to make a statement concerning the impact of the incident on his or her life in the hearing.
8. Confidentiality of Hearing
  Conduct hearings and panel hearings are subject to the provisions of the open meetings laws of the State of North Carolina. However under FERPA, conduct proceedings will be closed in order to protect information made confidential under this Act. Conduct proceeding are considered to be confidential and, therefore, are not to be divulged outside the hearing, subject to applicable policy and law.Violating the confidentiality of a hearing is a violation of this Code.
9. Conduct Hearing Proceedings
  1. The conduct officer will facilitate introductions of those present and will explain the hearing procedures to the parties.
  2. The accused will be given the opportunity to challenge a panel member or conduct officer on the grounds of conflict or bias in the case. It is at the conduct officer's discretion to support or refuse the challenge.
  3. The conduct officer will state the charge.
  4. The case coordinator will present evidence in support of the charge(s).
  5. The panelists will be provided access to copies of all documentary evidence submitted by the case coordinator.
  6. Panelists hearing the allegations may directly question the case coordinator and witnesses. The accused/advisor has the right to question the case coordinator and the witnesses who appear.
  7. The accused may respond to the charge and may present evidence in the form of documents and witnesses.
  8. If the accused student presents evidence, the case coordinator and panelists will be provided access to copies of all documents submitted.
  9. The panelists may then question the witnesses presented by the accused and may also question the accused. The case coordinator may then question the witnesses, including the accused.
  10. The case coordinator will be provided the opportunity to make a closing statement.
  11. The accused/advisor will be provided the opportunity to make a closing statement.
  12. The conduct officer will conclude the evidentiary portion of the hearing and set a time for deliberations to begin at the earliest possible time.
  13. During panel hearings, deliberations about responsibility are conducted by the panel in a closed session, facilitated by the conduct officer. Once begun, the deliberations normally will continue until a decision as to responsibility has been reached. Recesses will be granted at the discretion of the conduct officer.
10. Standard of Proof
  All decisions before University hearing bodies or conduct officers must be decided according to whether it is "more likely than not" (preponderance of evidence) that the alleged violations have occurred. In finding responsibility under this standard of proof, a panelist or officer must be convinced, based upon information presented in the course of the hearing, that the conduct described is more likely than not to have occurred.
11. Decision
  Conduct hearing panels shall decide responsibility or non-responsibility of the accused by simple majority vote of the panelists present. In the case of hearings before a conduct hearing officer, the decision of the officer will determine whether the student is responsible or not responsible for the violation.
  1. The hearing will be re-convened and the parties advised of the decision.
  2. In the event of a finding of responsibility, recommendations for sanctions shall be heard from the case coordinator, the accused/advisor, and up to two (2) character witnesses. The conduct officer may introduce past conduct records and/or precedent cases. Deliberations about sanctions are then continued by the panel in a closed session, facilitated by the conduct officer.
12. Sanction Assignment
  1. If the accused is found responsible, those hearing the allegations will then assign a sanction(s). In assigning appropriate sanctions, relevant precedents and the conduct history of the accused will be considered. The statements of two (2) character witnesses may be considered in imposing sanctions. Consideration may also be given to aggravating or mitigating circumstances including but not limited to:
    1. intent to act in the manner described, regardless of motive;
    2. intent to violate the policy or regulation described;
    3. prior experience, age, and understanding;
    4. prior violations or related behavior;
    5. other personal circumstances that might have affected the student at the time of the violation; and
    6. how the conduct violation affected or potentially affected others.
  2. Conduct sanctions assigned by the panel are final.
  3. If an appeal follows a student conduct review or hearing, all sanctions resulting from the review or hearing may be held in abeyance pending the outcome of the appeal at the discretion of the conduct officer.
  4. The hearing will be re-convened and the parties advised of the decision concerning sanctions.
13. Notice of Decision
  At the conclusion of the conduct process, the conduct officer will provide verbal and written notification of the decision and sanctions to the accused and other appropriate parties. In cases where the accused is not present, written notification of the decisions and sanctions will be sent to the address(es) most recently made available to the University.
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SANCTIONS
1. Sanctions for Individual Students
  The primary purpose of sanctions in the University setting is to provide incentive and opportunity for education of the student as well as consideration of the needs of the larger University community. Except in some specified offenses, such as drug violations, sanctions under this Student Code of Conduct may be tailored to suit the circumstances of each violation. Though maximum sanctions are identified by this Code, lesser sanctions may be selected, depending on the circumstances. Alcohol and/or drug usage may be considered an aggravating factor in determining sanctions. Referral for assessment may be required prior to sanctioning or as a sanction.
  
  Sanctions of suspension and expulsion affect the student's academic enrollment at the University. In order that students under expulsion, suspension, or limited participation in daily campus life not contravene the terms of the sanction, the Offices of Athletics, Student Academic Services, Cashier, Financial Aid, Graduate School, Parking Services, Registrar, Residence Life, and University Police will be notified in writing. Other offices may be notified based upon "the need to know" as defined in applicable law and policy. When a student returns to the University following a period of suspension, that student shall be placed on mandatory probation for a minimum of one semester. Information about suspension or expulsion is maintained permanently in the student's conduct record. Current suspensions and all expulsion information are maintained on the University of North Carolina System suspension/expulsion database which is accessible to the admissions officers of the 16 public universities. In cases involving student groups/organizations that have been suspended, the group/organization will be placed on social probation for a minimum of one (1) year following the end of the suspension period.
  
  Any one of the following sanctions or their combinations, or others, as appropriate, may be imposed at the discretion of the conduct hearing officer or panel: restitution, task/community service hours, administrative room change or removal, restriction of privileges (e.g., attendance at events, use of library, use of computer facilities, use of UNCG bookstore, etc.), loss of computer network privileges, reflection or research projects, success planning, restriction or denial of parking privileges, no contact orders, trespass orders, required counseling, substance abuse assessment, anger management assessment, behavioral contracts, behavioral or educational programs or classes, warning, probation, suspension, expulsion, etc. Sanctions for student groups and organizations under the Code may include, but are not limited to, the following: University affiliation revocation, restriction of University affiliation, social warning, social probation, or suspension.
  1. Expulsion: Permanently severs the relationship of the student with the University. In addition, the student may not attend any of the other University of North Carolina institutions. Expulsion therefore is reserved for the most serious violations. Suspension or expulsion is required in certain violations of the drug policy. The Vice Chancellor for Student Affairs must approve an expulsion recommendation based on a review of the conduct record.
  2. Suspension: Severs the relationship of the student or student group/organization with the University for a finite period, the terminal date of which coincides with the official ending of an academic semester or summer session. Suspension is imposed when other sanctions are deemed ineffective to deal with the severity of the conduct committed and/or in cases of aggravated or repeated violations of the Code. Suspension may also carry conditions that must be satisfied prior to future re-admission to the University and/or probationary conditions following re-enrollment. Students should contact Admissions to determine the reenrollment process after the suspension period is complete. Suspension for groups/organizations carries the immediate revocation or restriction of University Affiliation.
  3. Probation: Permits continuation of enrollment at the University, but imposes certain requirements on the student for a specified period of time, the terminal date of which coincides with the official ending of an academic semester or summer session. Any further proven violations by the student under probation will likely result in the student's suspension or expulsion from the University.
  4. Warning: An official reprimand effective for a specified period of time. The warning period provides a time for the student to reflect upon the violation and to consider the responsibilities of a University citizen. A warning gives notice that any subsequent violation against the Student Code of Conduct may result in more serious consequences because of the warning. A copy of the letter, including the warning and any other associated sanctions, is contained in files of the Dean of Students Office and will be available as evidence of relevant past behavior to hearing panels.
  5. Miscellaneous: In addition to the above, any one or a combination of the following may be imposed concurrently by a hearing panel or conduct officer. Such sanctions listed below are only examples and do not limit the discretion of conduct officers:
    1. Cancellation of future registration;
    2. Loss of parking privileges;
    3. Restitution;
    4. Removal from University residence hall; Following the removal period, the student may reapply for residential housing through the Director of Housing and Residence Life whose decision is final.
    5. Prohibition from being in or around specific areas of campus and/or individuals;
    6. Prohibition from participation in organized student or University groups or activities; and
    7. Requirement of participation in community service or other task assignment.
2. Sanctions for Groups/Organizations
  In hearings of group/organizations violations, the conduct officer or panel may recommend charges be brought against individual members of the group/organization as a result of information obtained in the course of the hearing.
  1. University Affiliation Revocation: The removal of University affiliation for a period of time until the group/organization is deemed to meet conditions for reconsideration of affiliation. Affiliation revocation may be imposed upon any group, club, society, or organization. This action carries a recommendation to any National/International Headquarters for charter revocation.
  2. Restriction of University Affiliation: The temporary restriction of University Affiliation. Typically, the minimum time period for restrictions will be no less than one (1) full academic semester. While under restriction the group may continue, but it may not seek or add members, it may not hold or sponsor events in the University community, and it may not enjoy any of the privileges removed as a result of the Social Probation described below.
  3. Social Probation: Imposed for a specific period of time but for not less than four (4) weeks of a regular academic semester. This action prohibits the group/organization from sponsoring or participating in any organized social activity, party, or function including philanthropy events.
  4. Social Warning: An official reprimand. Any subsequent violation of the same nature by the group/organization within a period of two (2) years may result in suspension as a minimum penalty.
  5. In addition to the above, any one or combination of the following may be concurrently recommended by a hearing panel or review process provided that the time period not exceed the term of the major sanction:
    1. Exclusion from intramural competition
    2. Restitution
    3. Denial of use of University facilities for meetings, etc.
    4. Recruitment Probation
    5. Task Assignment/Community Service
3. Referrals for Substance Abuse Assessment/Treatment
  1. Students found responsible for any first or subsequent alcohol or other substance related violation which suggests a history of substance abuse or related behavioral problems with potential harm to self or others may, at the discretion of the conduct officer, be placed, at minimum, on conduct warning and be referred to the appropriate agency for an alcohol or other substance abuse screening, at the expense of the student, as follows:
    1. A student appearing before either a conduct hearing panel or officer who exhibits a possibility or history of substance abuse or behavioral problems threatening danger to self or others may be referred to the Counseling and Consulting Clinic or a licensed agency or therapist that is acceptable to the University for an assessment. The student shall be required to:
      1. complete a consent to share information from the office of the appropriate conduct officer;
      2. contact the Counseling and Consulting Clinic to schedule an appointment;
      3. provide a written consent to the Counseling and Consulting Clinic for the purpose of providing information concerning this screening to the conduct hearing officer, and;
      4. complete the screening process with the Counseling and Consulting Clinic in a timely manner as directed.
    2. A summary of treatment recommendations, based upon this evaluation, will be provided by the Counseling and Consulting Clinic to the appropriate conduct hearing officer, noting any recommendation for further evaluation or treatment.
    3. The conduct officer shall consider the findings of the hearing, past conduct record, and recommendation of the Counseling and Consulting Clinic in deciding on actions appropriate to the behavior.
  2. Treatment Options: Treatment of a diagnosed substance problem may constitute grounds for deferral of some conduct sanctions, pending successful resolution of the problem. Where further alcohol or other substance related assessment or treatment is indicated, the first referral shall be identified in consultation with the Counseling and Consulting Clinic, a professional in the Counseling and Testing Center, or a physician in the Student Health Services for further assessment or long-term intervention. Other professional resources may be utilized at the discretion of the conduct officer and with appropriate information and consultation with other members of the University. Costs of treatment programs are the responsibility of the student.
  3. All records concerning conduct actions under this procedure shall be held in the office of the conduct officer in the Dean of Students office. Medical or other assessment related records and materials (other than summary assessments or recommendations) shall remain in the files of the agency professional responsible for assessment procedures. All student records shall be protected according to the procedures established and indicated on the University’s Web site http://deanofstudents.uncg.edu/.
4. Referrals for Psychological Evaluation/Counseling
  Requests for psychological evaluation may be made by a conduct officer or hearing panel through the conduct officer if, in their judgment, the behavior of the accused, as shown by evidence, is unexplained or appears beyond the actions of a reasonable person informed of policies of the University, or if the behavior of the accused suggests a threat of personal safety either to self or to the larger University community. Such consultation or evaluation is undertaken with the following conditions:
  1. Conduct action may involve prior consultation between the staff of the Counseling and Testing Center and the conduct hearing officer concerning questions related to student conduct so long as such consultations are held in keeping with confidentiality protections of the student if the student is a client of the Counseling and Testing Center.
  2. Students presenting such behavior may be referred for assessment or other intervention in consultation with the Director of the University Counseling and Testing Center.
  3. Following adjudication and the imposition of sanctions, students suspended from the University as a result of such sanctions may be required by the conduct officer to submit evidence of psychological evaluation and recommendation as to their readiness to re-enroll at the University under existing conduct and academic conditions. Such evaluation shall be at the expense of the student and through agencies external to the University, subject to the approval of the conduct officer. The University retains the right to have a separate evaluation conducted at the University’s expense if the University desires a second opinion or has any concern about the documentation provided by an external entity.
  4. All primary documents related to psychological evaluation will be retained by the evaluative agency and, as such, do not become part of the student's educational record under FERPA.
  5. Responsibility for violations of the Student Code of Conduct are based on inappropriate behavior and will not be excused based upon any potential cause of such behavior including, but not limited to, the diagnosis of behavioral or psychological disabilities. However, such a diagnosis may be considered as a mitigating factor for purposes of the imposition of sanctions.
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FILING AN APPEAL
1. Basis for Appeal
  A student found responsible for a violation under the Code may appeal the decision of a hearing and/or the sanction(s) by submitting a written request for a review within five (5) business days of the finding under procedures specified. To be considered, appeals must allege facts supporting at least one of the following criteria:
  1. Procedural error sufficient to have altered the outcome of the hearing;
  2. Discrimination based on the accused's membership in a protected class;
  3. New, previously unavailable evidence; and/or
  4. Excessive or inappropriate sanctions.
    Note: When a student pleads "responsible" to a Student Code of Conduct violation, appeals can be based solely on the grounds of excessive or inappropriate sanctions.
    
    Appeals that are deemed by the reviewer as failing to cite one or more criteria, or allege facts supporting at least one of the above criteria, shall be dismissed without further action.
2. Notice of Appeal
  Written notice of appeal will consist of a written, signed statement by the accused, citing one or more of the four criteria listed in part A above stating the specific grounds for appeal and all the supporting facts upon which the appeal is based. When a student group/organization makes an appeal, that group's/organization's president or chief officer will sign the required statement.
3. Timing of Appeal
  Written notice of appeal must be submitted by the accused student to the appropriate office within five (5) business days of the date of written notification of the decision of the panel or conduct officer provided at the time of the decision.
4. Appeal Route
  1. A finding of individual responsibility resulting in sanctions less than suspension or expulsion may be appealed to the Assistant Dean of Students. In cases when the Assistant Dean of Students rendered the original decision, appeals are directed to the Dean of Students. The official hearing the appeal may:
    1. Uphold the original decision;
    2. Overturn the original decision;
    3. Modify the sanction(s); or
    4. Remand for a new hearing. In all remanded cases, the conduct officer may elect to dismiss the case rather than re-hear it.
  2. Sanctions of individual students in cases involving suspension may be appealed first to the Vice Chancellor for Student Affairs who may take any of the actions listed in D.1.a-d above, and then if needed, to the Appeals Panel. In the event that the original decision is upheld in the first level of appeal, the student has 48 hours from notification of the appeal outcome to indicate in writing to the Vice Chancellor the request for the Appeals Panel to review the decision. Because the Vice Chancellor for Student Affairs makes the final administrative decision regarding any expulsion recommendation, the appeal for any student receiving a sanction of expulsion from the Vice Chancellor is directly to the Appeals Panel, whose decision is final. The Appeals Panel reviews available records. It does not interview the accused or accept new information not presented at the time the original appeal statement was submitted.
    1. The appeals panel will consist of one (1) student, one (1) faculty member, and one (1) senior administrator who shall chair the panel. The appeal panelists are appointed by the Vice Chancellor for Student Affairs and shall serve for staggered terms of one (1) to three (3) years. If one of the panelists is unable to serve, a special appointment to the appeals panel will be made by the Vice Chancellor for Student Affairs.
    2. The panel will review the accused's statement of appeal to determine whether it alleges facts supporting one or more of the following grounds for appeals:
      1. procedural error sufficient to have altered the outcome of the hearing;
      2. discrimination based on the accused's membership in a protected class;
      3. new, previously unavailable evidence; and/or
      4. excessive or inappropriate sanctions.
    3. An appeal that does not cite one or more of the criteria is denied without further review. An appeal that alleges the facts supporting one or more of the criteria is reviewed for merit. The appeal may be
      1. denied based on its merits;
      2. remanded to the original hearing panel for consideration of specific new evidence; or for review of potential excessive or inappropriate sanctions;
      3. remanded to the conduct officer with recommendation that a new hearing be convened to re-hear the case. In all remanded cases, the conduct officer may elect to dismiss the case rather that re-hear it.
    4. If the appeals panel does not modify the decision or sanctions, the sanctions will be imposed as directed if previously held in abeyance.
    5. Where the sanction is suspension or expulsion, an appeal may be made to the Chancellor and the Board of Trustees. No appeal to the President of the UNC system is permitted. When the sanction is expulsion, the final campus decision is appealable to the Board of Governors. Appeals to the Chancellor, Board of Trustees, and Board of Governors are a review of records only. The student does not have the right to appear and no further information is accepted in the appeal past the review by the Vice Chancellor for Student Affairs.
5. Group/Organization Appeal
  A student group/organization aggrieved by a decision covered by this section of the Code may only appeal to the Vice Chancellor for Student Affairs by giving written notice within five (5) business days after the decision is announced. The decision of the Vice Chancellor for Student Affairs shall be final, and conclusive, and the sanction(s) will be imposed as directed if previously held in abeyance.
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OTHER ACTIONS
1. Parental Notification: Serious student misconduct involving violence, alcohol, or drugs normally leads to a minimum sanction of probation. Because probation advises the student that further misconduct is likely to lead to separation from UNCG and as consistent with Federal law, parents or legal guardians of dependent students under the age of 21 may be advised by the Dean of Students Office of such misconduct involving crimes of violence, alcohol, or drugs when it results in a sanction of probation or separation from the University. Parents or legal guardians may be notified in writing of any finding of responsibility in subsequent cases regardless of the sanctions assigned pursuant to FERPA. This notification shall occur once the appellate process is complete and the sanctions are final.
2. Conduct non-compliance: If a student fails to comply with the requirements of a conduct process, an administrative officer may apply further conduct sanctions. This may include cancellation of pre-registration, a hold being placed on the student’s record, suspension from the University, and/or preventing the awarding of a degree due to noncompliance with conduct directives which may result in a grade of "F" in all courses for the current semester and potential loss of up to 100% of tuition and fees. Failure to comply with the requirements of the conduct process may include failure to submit a statement, failure to attend a meeting/hearing, or failure to fulfill a sanction. A "conduct hold" may prevent, among other things, registration, enrollment, or the awarding of a degree.
3. Interim Suspension from the University
  1. Interim suspension may be imposed only:
    1. to ensure the safety and well-being of members of the University community or preservation of University property;
    2. to ensure the student's own physical or emotional safety and well-being; and/or
    3. if the student poses a threat to, disruption of, or interference with the normal operations of the University or its members.
  2. The student will be notified by the Vice Chancellor for Student Affairs or designee, electronically or in writing to the address most recently made available to the University by the student, the intent to suspend effective immediately, and the opportunity to respond within a specified time period.
    1. Any appeal of the intent to suspend must be made within twenty-four (24) hours of delivery to the student.
    2. An accused student wishing to oppose such suspension must provide a written response or request a personal interview within the above-specified time to the Vice Chancellor for Student Affairs or designee.
    3. After such an appeal has been reviewed, the Vice Chancellor for Student Affairs or designee will notify the student of action on the suspension by certified or hand-delivered letter and/or electronically.
    4. Following such suspension, an expedited hearing process will be held to resolve all matters related to the interim suspension.
  3. During the interim suspension, students shall be denied access to the residence halls and to the campus (including classes) and all other activities or privileges for which the student might otherwise be eligible.
4. Interim Removal from University Residence Halls: In the event of serious allegations, a student may be removed from University housing immediately, pending the outcome of the Conduct process. Such removal will be imposed when, in the opinion of the Director of Housing and Residence Life or the University conduct officer, the allegations against the student constitute such serious violations of the Code as to create a danger to the larger residential community. The conduct process will follow this interim removal as soon as practical. The student will be notified in writing by the Director of Housing and Residence Life or University conduct officer of the interim removal from housing and the opportunity to appeal within a specified time period. The time period for such appeal will be no more than twenty-four (24) hours. An accused student wishing to oppose such removal will provide a written response or request a personal interview within the specified time to the Director of Housing and Residence Life. If the Director upholds the interim removal, the student may appeal the decision to the Vice Chancellor for Student Affairs or designee. After such response has been reviewed, the Vice Chancellor for Student Affairs or designee will notify the student of action on the removal by E-mail, certified mail, or hand-delivered letter.
5. Interim Suspension of a Student Organization: In the event of serious allegations, a student organization may be suspended on an interim basis pending the outcome of the conduct process. Interim suspension mandates the immediate cessation of all organization activity including recruitment, meetings, social gatherings, programs, etc. This decision will be communicated to the President of the organization by the Student Life conduct officer or designee. The President of the organization may appeal the interim suspension by requesting a personal meeting or delivering a written request within twenty-four (24) hours of receipt of the letter to the Assistant Vice Chancellor for Student Life.
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RECORDS
1. Records generated by the hearing procedure are maintained in the files of the Dean of Students Office. These are considered part of the accused's educational record under FERPA. These records are accessible only to the accused and others as provided by that Act and University policy. These records are also used to follow progress of students under assigned sanctions, including warning, probation, or for assessment/evaluation requirements. Such records are created and purged according to the Student Records Policy. Information about suspension or expulsion and Academic Integrity violations are maintained permanently in the student's conduct record.
2. Students who wish to contest information contained in the record, including a request for removal of information from the record, must address such requests in writing to the Vice Chancellor for Student Affairs or designee, who shall review the request and notify the student of any actions related to the contention or request pursuant FERPA and University policy.
3. A tape recording shall be made of each hearing before a panel and shall be preserved so long as the possibility of appeal remains open. Following this period, the tape shall be destroyed. This tape and any written record remain the property of the University and may be reviewed by the accused, by appointment. Reasonable conditions for this review will be established by the conduct officer.
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DEFINITIONS
1. Case Coordinator: Student representative of the University who prepares and presents the allegation to the conduct officer or panel.
2. Consumption: Ingesting of substances orally or by injection or inhalant devices.
3. Danger to others: Within the relevant past, the individual has inflicted or attempted to inflict or threatened to inflict serious bodily harm on another, or has acted in such a way as to create a substantial risk of serious bodily harm to another, or has engaged in extreme destruction of property; and there is a reasonable probability this conduct will be repeated. Previous episodes of dangerousness to others, when applicable, may be considered when determining reasonable probability of future dangerous conduct. Clear, cogent, and convincing evidence that an individual has committed a homicide in the relevant past is evidence of dangerousness to others (from NCGS 122C-3(11)b). The individual has expressed or acted in a manner to reflect intent to harm others. The individual is involved in a serious drug offense as defined by the University or state or federal law.
4. Danger to self: The individual has attempted suicide or threatened suicide and there is a reasonable probability of suicide unless adequate treatment is given; the individual has mutilated him/herself or attempted to mutilate him/herself and there is a reasonable probability of serious self-mutilation unless adequate treatment is given (from NCGS 122C-3(11)b); the individual is at risk due to an eating disorder; the individual has expressed or acted in a manner to reflect suicidal intent. The Crisis Management Policy may be invoked in such instances.
5. Facilitating or Accepting Improper Behavior: Facilitating or Accepting Improper Behavior is defined as choosing not to confront a person violating the Student Code of Conduct, choosing not to leave such a situation, or choosing not to tell a University staff member about the Code violation. Making this choice is an ethical interpersonal communication issue. As such, the typical sanction is a warning and/or a workshop that teaches students how to confront others in difficult situations, decision-making skills, and interpersonal communication. Facilitating or Accepting Improper Behavior is a violation that can be adjudicated only once. The University expectation is that students who are found responsible for this violation will learn from it and not repeat it. In cases where students are accused of Facilitating or Accepting Improper Behavior a second time, additional charges beyond Facilitating or Accepting Improper Behavior (e.g. possession) will usually be incurred with their resulting sanctions.
6. Hate Crime: "...physical or verbal conduct directed at an individual on the basis or race, religion, sexual orientation, or similar personal characteristics that is sufficiently severe or pervasive so as to substantially interfere with the individual's employment, education, or access to university programs, activities, and opportunities... and detrimentally affects the individual in question and would also detrimentally affect a reasonable person under the same circumstances."
7. Major Violations: Major violations under this Code involve conduct which could result in criminal charges at the felony level or which, in the discretionary judgment of the conduct hearing officer, presents an unreasonable danger to self or others, or aggravated or repeat violations. Where the sanction is not specified or the circumstances of the plea may subject the student to separation from the institution, the conduct officer may choose to review the consequences of a "responsible" plea with the accused or refer the matter to a hearing panel.
8. Minor Violations: Minor violations under this Code are first violations which do not involve conduct which may result in criminal charges at the felony level and which, in the discretionary judgment of the conduct officer, involve no unreasonable danger to self or others.
9. No Contact Order: The Dean of Students office may issue a "No Contact Order" to any member of the University community if, in their professional judgment, a member of the University feels threatened or unsafe in that individual's presence. The No Contact Order will continue until a conduct resolution is reached, or the Dean of Students Office rescinds the Order. Typically, a No Contact Order will include the prohibition of direct or indirect contact with an individual. This includes, but is not limited to, phone calls, text messages, e-mails, instant messaging, Facebook, MySpace, letters, verbal conversations or having others contact the individual, or being within 100 feet of the individual. Violation of the No Contact Order is a violation of Respect under the Student Code of Conduct. If individuals who have a dispute must be in each other's presence (i.e. same class or residence hall), then decisions about how to mediate that situation will be made on a case by case basis.
10. Not Responsible: The student does not accept responsibility for conduct allegations and agrees to appear before a conduct hearing officer or hearing panel for resolution. If the there is a finding of not responsible, no further action will be taken. A finding of responsibility by the conduct officer or panel will lead to sanctions.
11. Possession: Possession as used in this Code is defined as having actual knowledge of a substance or property and/or being in such close proximity to the substance or property that it is a reasonable presumption that one had knowledge of the substance or property. For example, those in a room where a controlled or prohibited substance is present would be presumed to be in possession of the substance absent compelling evidence to the contrary.
  Note: A student in the presence of a policy violation and who is not actively involved, has three choices: 1) leave the situation; 2) ask the student(s) to stop the behavior and/or take it out of the room; or 3) seek assistance from a University staff member (for example: Community Advisor or UNCG Police). A student, who does not do any of the above, can be held responsible for the policy violation.
12. Responsible: Student acknowledges responsibility for conduct allegations and agrees to appear before a conduct officer or panel for sanctioning.
13. Student Advisor: Student representative of the Student Government Attorney General's Office who advises the accused student of the conduct process and in the preparation and presentation of information to the conduct officer or panel.
14. Trafficking: Transfer of controlled substances with or without evidence of monetary or other value exchanges. Mandated sanctions are listed in the UNCG Drug Policy.
15. Trespass: Being found in or having been in an area of controlled access, without regard to condition of doors or locks controlling access to area. Controlled access may be implied by fences or other barriers or directly conveyed by signage or policy. A student found in such an area may be considered in trespass if a reasonable person could have been expected to perceive fences, barriers, signage, or usage to be limited to permission of the facility management.
16. Use: Control of substances whether for use or transfer without regard to evidence of consumption.
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1. Affiliated organizations for students are registered with the Office of Student Life under affiliation policies.

2-6. Adapted from the Center for Academic Integrity's Fundamental Principals project, 2000.

7. When in the judgment of a University hearing officer a student has assisted an intoxicated student in procuring University Police and/or professional medical assistance at the Student Health Center or other health care facility, neither the intoxicated student nor the individual(s) who assists will be subject to formal conduct action through the University conduct system for (a) being intoxicated, or (b) having provided that person alcohol. This applies only to first-time isolated incidents, and does not excuse or protect those who flagrantly or repeatedly violate University alcohol policies.

8. Information in this section was adapted from language used in Gehring, D. and Pavela, G. (1986) Issues and Perspectives on Academic Integrity, second edition, Washington: National Association of Student Personnel Administrators.

9. Jacobson, J. (2006). Penn State Revises Polices on Nondiscrimination and Intolerance. Retrieved May 26, 2006 from http://chronicle.com/daily/2006/05/200605502n.htm.

Page updated: 18-Sep-2009

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Dean of Students
The University of North Carolina at Greensboro
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Greensboro, NC 27402-6170
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