4.15.1.2 Discipline and Appeal Procedures for Non-Academic Violations

Policy Tracking	Date
Approved	February 6, 2019
Revised	January 26, 2022
Reviewed

Overview
The Vice President for Student Services is responsible for implementing these procedures.
These procedures apply to non-academic violations listed in4.15.1 – Code of Student Conduct. For academic-related violations, see Procedure4.15.1.1– Discipline and Appeal for Academic Violations. For issues regarding sexual harassment and sexual violence, see Procedure3.19.1– Sexual Harassment and for issues related to other forms of unlawful discrimination, see Procedure3.15.1– Unlawful Discrimination and Harassment.
Sanctions For Violations
1. Verbal/Written Warnings - If the student’s misconduct occurs in the classroom setting, where appropriate, instructors should provide verbal and/or written warnings to students regarding their misconduct and assess appropriate disciplinary action within the classroom setting.
2. Reprimand - Written communicationfrom the Vice President of Student Servicesthat gives official notice to a student that any further disciplinary offense will carry heavier penalties because of a prior infraction.
3. Suspension and Expulsion - If warranted by the facts and situation, even for first-time offenses, a student may be suspended, expelled or forfeit certain opportunities on campus.
4. Behavioral Assessment Form - If warranted, instructors may complete a Behavioral Assessment Form outlining the nature of the student's misconduct and share the form with the Vice President for Student Services. Upon receiving the Behavioral Assessment Form, the Vice President may request a meeting with the student, reviewing the misconduct reported. As a result of the meeting, the student may be placed on probation, suspension, or expelled from campus.
5. Disciplinary Probation - Disciplinary probation results in loss of good standing and becomes a matter of record. While on disciplinary probation, the student will not be eligible for initiation into any local or national organization and shall not receive any College award or other honorary recognition. The student may not occupy a position of leadership or responsibility with any College or student organization, publication or activity. This sanction prohibits the student from officially representing the College or participating in any extracurricular activities including intramural competitions. Disciplinary probation will be in effect for not less than two (2) semesters including the current semester. Any further disciplinary offenses while under disciplinary probation will result in the student’s immediate suspension.
6. Removal from Class/Campus - If an act of student misconduct threatens the health, safety or well-being of any member of the academic community and/or seriously disrupts the function and good order of the College, an instructor may require that the student immediately leave the classroom setting and the instructor will thereafter immediately notify the Vice President for Student Services who will direct the student involved to cease and desist such conduct and advise them that failing to cease and desist will result in immediate dismissal from the class or campus. If the student fails to cease and desist, or if the behavior is such that the student needs to immediately be removed from campus or temporarily removed from a specific instructor’s class, the Vice President for Student Services may then immediately have the student temporarily removed from campus and/or from the specific instructor’s class. The Vice President for Student Services will also determine whether the student should be referred to the Behavioral Assessment Team. The College Vice President or instructor invoking the removal shall notify the Vice President in writing of the student involved and the nature of the infraction as soon as possible but no more than one (1) working day following the incident. Upon receipt of the College Vice President or Dean’s written notice, the Vice President shall meet with the student as soon as possible to allow the student to present his/her side. If, in the Vice President’s opinion, the student behavior threatens the health, safety and well-being of the College community, the Vice President shall place the student on temporary suspension pending the outcome of the disciplinary matter. Temporary suspension may be imposed only: (a) to ensure the safety and well-being of members of the College; (b) to ensure the student's own physical or emotional safety and well-being; or (c) if the student poses a direct threat of substantial disruption or interference with the normal operations of the College.
7. Restitution - Paying for damaging, misusing, destroying or losing property belonging to the College, College employees or students. Restitution may take the form of financial payment or appropriate service to repair or otherwise compensate for such damages.
8. Withholding Academic Records and/or the Right to Register - Withholding transcripts, diplomas or the right to register or participate in graduation ceremonies is imposed when a student’s financial obligations are not met, or the student has a disciplinary case pending final disposition.
9. Temporary Suspension - The exclusion from all College property and all College activities pending the resolution of a disciplinary proceeding.
10. Disciplinary Suspension - The exclusion from all College property and all College activities for a specified period of time. This sanction is reserved for those offenses warranting discipline more severe than disciplinary probation. A student under disciplinary suspension must receive specific written permission from the Vice President before returning to campus. Disciplinary suspension appears on the student’s academic transcript.
11. Expulsion - Dismissal from the College. The student may be readmitted to the College only with the approval of the President. Expulsion appears on the student’s academic transcript.
12. Group Probation - Group probation is given to a College club or other organized student group for a specified period of time. If group violations are repeated during the term of probation, the charter may be revoked or activities restricted.
13. Group Restriction - Removing College recognition during the semester the offense occurred, or for a longer period (usually not more than one other semester). While under restriction, the group may not seek to add members, hold or sponsor events in the College community or engage in other activities as specified.
14. Group Charter Revocation - The removal of College recognition for a group, club, society or other organization for a minimum of two (2) years. Re-charter after that time must be approved by the President.

In addition to the above stated sanctions, the College may require counseling. The student may be required to attend one or more counseling sessions with a licensed professional counselor. The student may be required to complete counseling before returning to the College after a period of suspension or expulsion. The student must provide written documentation from the licensed professional that the requirement has been met. Additionally, if required by the Vice President, the student must also provide a statement from the licensed professional that the student is able to return to class based onhis/herprofessional judgment. The student may be referred to the College’s Counseling Services at no charge or elect to use his/her own licensed professional counselor and bear the cost.

Disciplinary Procedures
To provide an orderly system for handling student disciplinary cases in accordance with due process and justice, the following procedures will be followed:
1. Incident Report - Any College employee or student may file written charges with the Vice President against any student or student organization for violations of the Student Code of Conduct. The individual(s) making the charge should complete and submit an Incident Report within five (5) business days of the incident given rise to the alleged violation.
2. Investigation and Determination - The Vice President shall investigate the charges and allegations. Within ten (10) business days after receipt of the incident report, the Vice President shall complete his/her investigation of the charges and shall meet with the student (or student representative(s) on behalf of a student organization), present the results of the investigation and provided the student (or student representative(s)) with an opportunity to presenthis/herside. After discussing the alleged infraction with the student, the Vice President may act as follows:
  1. Drop the charges;
  2. Impose a sanction; or
  3. Refer the student(s) to a College office or community agency for services.
    
    All disciplinary actions should be progressive in nature and should take into account the totality of the situation; however, depending on the severity of the infraction, even first-time offenses could result in suspension or expulsion.
3. Notification - Upon concluding an investigation into the matter, the Vice President for Student Services shall present the student with a written notice of charges that provide a description of the alleged violations and short factual summary. The notice shall also include recommended disciplinary action. If the student accepts the recommended disciplinary action, the matter will be closed. If the student is not satisfied with the Vice President’s recommendation, with five business days’ receipt of the recommendation, the student may request, in writing to the President, a Judicial Board hearing (see Disciplinary Appeal Procedure below).
  The Vice President shall notify the President in writing of the student involved and the nature of the infraction as soon as possible but no more than one (1) working day following the incident.
Non-Academic Disciplinary Appeal Procedure
1. Grounds for appeals are following:1) A procedural or substantive error occurred that significantly impacted the outcome of the hearing 2) To consider new evidence, unavailable during the original hearing or investigation that could substantially impact the original finding or sanction. A summary of this new evidence and it's potential impact must be included 3)The sanctions imposed are substantially disproportionate to the severity of the violation.
2. If a student is not satisfied with the Vice President’s recommendation for Disciplinary Action, within five business days’ receipt of the recommendation, the student may request, in writing to the President, a Judicial Board hearing. Upon receipt of the student’s request, the President shall convene a Judicial Board to hear the matter. The Judicial Board shall consist of three members: a Vice President (but not the Vice President for Student Services) who shall serve as the Chair; one faculty member appointed by the President who is not an interested party in the issue to be heard; and the President of the Student Government Association (SGA) or his/her designee who is also a member of the SGA.
3. The hearing shall be scheduled within ten business days of receipt of the student’s written request for a hearing or later if mutually agreed upon by the parties.
4. Within five business days from the hearing, the student must inform the President whethers/hewill have legal counsel present. If the student does not provide timely notice, the Chair may continue the hearing until the College’s attorney can be present. The student is allowed to have legal counsel present but only in an advisory capacity. Legal counsel will not be allowed to address the Judicial Board. The College’s attorney will serve as procedural officer.
  The following due process rights shall apply to the Board hearing:
  1. The right to counsel. The role of the person acting as counsel is solely to advise the student(s). The counsel shall not address the Board.
  2. The right to produce witnesses on one’s behalf.
  3. The right to request, in writing, the President to disqualify any member of the Board for prejudice or bias. (The request must contain reasons). A request for disqualification, if made, must be submitted at least three (3) working days prior to the hearing. If such disqualification occurs, the appropriate nominating body shall appoint a replacement to be approved by the President.
  4. The right to present evidence under a preponderance of the evidence standard. In College student disciplinary proceedings, the College has the burden of proving violations of policy by a preponderance of the evidence, meaning “more likely than not” a policy violation occurred.
  5. The right to know the identity of the person(s) bringing the charge(s).
  6. The right to hear witnesses on behalf of the person(s) bringing the charge(s).
  7. The right to testify or to refuse to testify without such refusal being detrimental to the student.
5. The Judicial Board hearing procedure shall be as follows:
  The following hearing procedures shall apply:
  1. Hearings before the Board shall be confidential and shall be closed to all persons except the following:
    The student(s)
    Counsel(s)
    Committee Members
    Vice President, or designee
  2. The student shall have the opportunity to present evidence and witnesses in support of his or her case. The Judicial Board shall have the opportunity to question the student and, if applicable,his or herwitnesses. Witnesses shall only be present in the hearing room when giving their testimony.
  3. The College administrator and/or other College representatives will present their evidence and witnesses in support of their case. The Judicial Board shall have the opportunity to question the administrator and/or other College representatives and, if applicable, their witnesses.
  4. Both sides will have the opportunity to make a closing statement.
  5. The Judicial Board shall deliberate in closed session. The College attorney may sit with the Judicial Board and provide legal advice should such advice be necessary. The North Carolina Rules of Evidence do not apply and all relevant evidence shall be included in the official record; however, in reaching its decision, the Judicial Board shall weigh and consider the credibility of the presented evidence. Board decisions shall be made by majority vote.
  6. The Judicial Board hearing shall be audio recorded and that recording shall serve as the official hearing minutes.
  7. Within five business days of the hearing, the Chair shall, in writing, summarize the Judicial Board decision and send a copy to the parties and to the President.
  8. If any of the parties are not satisfied with the Judicial Board’s decision, they may, within ten business days of the date of the decision, appeal, in writing, to the President. The Vice President for Student Services shall accept the appeal on behalf of the President. The President shall review the official record and the hearing minutes. If, after his or her initial review, the President needs additional information,he or shemay ask the parties to supplement the official record by responding tohis or heradditional questions. Within ten business days of receipt of the party’s appeal, or an additional five business days after the official record has been supplemented, the President shall issuehis or herfinal decision to affirm, reject, or modify the Judicial Board’s decision. A written copy of the President’s decision shall be sent to both parties. The President’s decision shall be final, subject only to the student’s right of appeal to the Board of Trustees. Any appeal of the President’s decision must be submitted, in writing, to the Board of Trustees, within ten business days of the date of that decision.
6. For an appeal to the Board of Trustees, a panel of the Board, as designated by the Chair, shall conduct an “on the record review” of the evidence presented at the Judicial Hearing. Within ten (10) business after receipt of the student’s appeal, unless the parties agree to a continuance, the Board panel shall meet and the President shall be granted an opportunity to address the Board panel in closed session. The student will also be given the same opportunity to address the Board panel. No new evidence shall be presented to the Board panel. The Board Attorney shall serve as the procedural officer. The Board panel will make a determination and inform the student in writing within five (5) business days.
Student Voluntary Withdrawal
If a student is accused of violating the Student Code of Conduct and voluntarily withdraws prior to the conclusion of the disciplinary matter without the consent of the Vice President, the student will not be allowed to re-enroll to the College unless reasonable re-entry restrictions, as determined by the President, are satisfied. For students who withdrew prior to a determination regarding alleged misconduct that threatened the health, safety or well-being of any member of the academic community and/or seriously disrupted the function and good order of the College, in addition to other reasonable re-entry restrictions, the student must provide proof from a psychiatrist or licensed psychologist, at the student’s expense, that the student no longer poses a direct threat.