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PROPOSED REPEAL OF: REG 11.30.1—Housing Disciplinary Procedures
Rationale: This is a request to repeal REG 11.30.1 - Disciplinary Procedures, which will be replaced by
new RUL 11.31.1, University Housing Disciplinary Procedures. These Disciplinary Procedures have
been revised to reflect current University Housing practice and policy, as well as to match and conform
with the new Student Discipline Procedures, REG 11.35.2.
Consultation Process:
7-20-11 University Housing review
7-22-11 General Counsel preliminary review
8-23-11 University Housing second review
8-26-11 General Counsel final review, if changes have been made
9-6-11 EOM, or official with delegated authority to review PRR
Policies, Regulations and Rules / Authority
Vice Chancellor for Student AffairsAssociate Vice Chancellor of Student Affairs
Title
University Housing Disciplinary Procedures
Classification
REG11RUL11.310.1
PRR Subject
University Housing
Contact Info
University Housing (919)-515-2440.
History: First Issued: October 1, 2002.
1. Purpose INTRODUCTION
University Housing may take disciplinary action to protect the safety and well being of the campus community. These Disciplinary Procedures (“Procedures) are designed to ensure due process and protection of students' rights in cases involving the review of charges for violation of the Code of Student Conduct (“Code”) relating to housing or University Housing Community Standards (“Community Standards”). The goal of disciplinary action is not punishment, but rather the teaching of responsibility and resumption of a safe, secure and reasonably quiet environment, within the residential living communities.
2. DEFINITIONS
When used in these Procedures:
2.1 “Advisor” means the person who is selected by University Housing to monitor hearings and observe deliberations, inform University Housing Conduct Board members of applicable University Housing polices and Community Standards, as well as the range of sanctions that can be implemented, who is responsible for summoning witnesses upon a parties’ request, and decides challenges against Conduct Board members.
2.2 The terms “Associate Vice Chancellor of Student Affairs for University Housing and Greek Life,” “Associate Director, University Housing,” “Assistant Director, University Housing,” and “Director, University Housing” include their designees or appointees.
2.3 “Complainant” means an individual(s) who submits a formal accusation against a student alleging a violation of the Code or Community Standards. At hearings, the complainant may offer information or documentary information to present a case of misconduct and/or call other witnesses to do so, and may be someone other than the individual who submitted the formal accusation against a student.
2.4 The terms “institution” and “University” mean NC State and all of its undergraduate, graduate, and professional schools, colleges, and administrative units.
2.5 “Chair” means the member of the University Housing Conduct Board responsible for maintaining order, determining the admissibility of information, facilitating deliberations, and announcing Conduct Board decisions to the respondent. The Advisor to the University Housing Conduct Board will designate one of the Board members to serve as chair of a hearing panel.
2.6 “Respondent” means a student(s) who must respond to allegations against them.
2.7 “Student” means any person from the time they accept admission to NC State through the date of their graduation.
3. RESPONDENT’S RIGHTS AND RESPONSIBILITIES
Students whose conduct is under review by University Housing have the following rights:
3.1 Written notice of the charges as described in these Procedures. Written notice of the charges must be provided to the student at least five (5) days before any disciplinary process. The constitutional prohibition against double jeopardy in criminal cases does not apply to student disciplinary proceedings. Thus, for example, the University may impose disciplinary sanctions even where there has been a criminal proceeding disposing of the same matter. The University may pursue charges for violation of the Code or Community Standards where corresponding criminal charges have been reduced, declined, or dismissed.
3.2 Reasonable access to the respondent’s case file in University Housing, which includes all information, to the extent permitted by confidentiality laws.
3.3 To be presumed not responsible until proven otherwise for violating the Code or Community Standards.
3.4 To respond to the information presented and to question witnesses, through a hearing board or decision-maker. Respondents in disciplinary proceedings are expected to truthfully answer questions concerning their conduct. Disciplinary proceedings are investigatory in nature and the person or body reviewing the case needs to engage the respondent in discussion and dialogue in order to reach a result. If the respondent refuses to answer questions, a decision will be made based upon the information presented. Students whose alleged misconduct may subject them to criminal proceedings should consult with their own legal counsel regarding their rights prior to their hearing.
3.5 To deny responsibility without being charged for lying in relation to that denial if proven responsible. However, a student may be charged, or be subjected to increased sanctions, for lying about the facts of the case, as opposed to just denying responsibility.
3.6 To appeal an adverse decision as described below in section 7.
3.7 To review the Code, Community Standards, and these Procedures.
3.8 To waive any of the above rights, provided that the waiver is made freely and in writing.
4. REPORTING AND CASE REFERRALS
4.1 Reporting and Notice of Charges
To report an alleged violation of the Code or Community Standards, any NC State student, employee or aggrieved person may submit a written statement to the appropriate University Housing personnel (usually a Resident Adviser) or contact University Police.
A written notice of the charge(s) will be provided to the student within five (5) University business days of the charge being reported, unless extenuating circumstances support a longer time period. A student who is charged with a policy violation will be deemed to have received notice of the charge when University Housing staff hand delivers written notice to the student, or sends notice through a means where delivery can be verified. An attempted delivery by any of these methods will be treated as a completed delivery.
4.2 Case Referrals
University Housing will decide whether alleged Code or Community Standards violations may be addressed through either a Disciplinary Conference, University Housing Conduct Board, or referred to the Office of Student Conduct. Repeat alcohol violations and all illegal drug cases are heard exclusively by the Office of Student Conduct. Law enforcement agencies may be notified for criminal offenses.
2. Referrals
To report an alleged violation of policy, any NC State student, employee or aggrieved person may submit a written statement to the appropriate University Housing personnel (usually a Resident Adviser) or contact Public Safety. After reviewing the information, Housing will determine the appropriate adjudication setting. A student who is charged with a policy violation (the student respondent) will be deemed to have received notice of the charge when University Housing staff hand delivers written notice to the student, or sends notice by certified mail (return receipt), or sends the notice via a signed package slip in the respondent's residence hall mailbox. An attempted delivery by any of these methods will be treated as a completed delivery. The same applies to delivery of a disciplinary decision.
3. Adjudication
Settings Depending on the circumstances, alleged policy violations may be addressed through either a Disciplinary Conference, Residence Hall Judicial Board, or referred to the Office of Student Conduct. Law enforcement agencies may be notified for criminal offenses.
5. DISCIPLINARY PROCESSES AND PROCEDURES
35.1. Disciplinary Conference
Disciplinary Conferences are appropriate in cases where the student respondent has no record of prior policy violations at NC Statethe University and the complaint would not support a sanction of eviction.where the charges do not include the possibility of eviction. A Disciplinary Conference is an informal meeting designed to address low level violations by either the Residence Director, Residence Life Coordinator, or Assistant Director. Formal rules of evidence do not apply in this adjudication setting. between the respondent and either the Residence Director, Community Director, or Assistant Director. Formal rules of evidence do not apply in Disciplinary Conferences. The appropriate University Housing staff member will meet with the student(s) accused of violating policythe Code or Community Standards; the complainant(s) may also be present. In a Disciplinary Conference, the student respondent has the following rights:The following procedural rights pertain to Disciplinary Conferences:
(a) Respondents shall receive written notice of the specific charge(s) at least five (5) University business days prior to the scheduled Disciplinary Conference. This written notification is generated from University Housing and is typically sent to the student via his or her University email account. Respondents who wish to expedite their conference and waive the five-day notice may do so by requesting to schedule the conference earlier and confirming the waiver of their notice in writing.
(b) Respondents shall have reasonable access to their case file maintained in University Housing prior to and during the Disciplinary Conference. The case file consists of materials received or generated by University Housing and that are considered relevant to the misconduct charge.
(c) Respondents may accept responsibility to the charges against them. The University Housing decision-maker who meets with the respondent will assess the information provided from the respondent and other sources relevant to sanctioning, and then determine a sanction.
(d) Where a respondent denies responsibility, the respondent shall have an opportunity to respond to the information presented and call relevant witnesses. Respondents are expected to answer questions concerning their conduct. If the respondent refuses to answer questions, a decision will be made based upon the information available.
(e) Respondents shall have an opportunity to be accompanied by an observer, who cannot participate in the Disciplinary Conference unless requested to do so by the decision-maker.
(f) The decision to find a respondent responsible for the charges will be based on whether the respondent, in the opinion of the person conducting the Conference, “more likely than not” engaged in the alleged misconduct.
(g) The decision and sanctions, if any, issued by the person conducting the Disciplinary Conference shall be given to the respondent in writing and shall include a brief summary of the information on which the decision is based. The written decision shall be provided to the student no later than ten (10) calendar days from the date the decision is made.
(h) If the respondent fails to appear for the Disciplinary Conference after proper notice, the conference will proceed without the respondent and a decision will be made based upon the information available.
(i) Charges against multiple students involved in the same incident may be heard in a single Disciplinary Conference only if each respondent consents to such a proceeding.
(j) If the respondent is found responsible for a violation of the Code or Community Standards, information on appeal procedures will be provided to the student with the decision letter.
3.1.1. to a presumption of innocence until responsibility is proven by preponderance of the evidence;
3.1.2. to a full explanation of the charges;
3.1.3. to receive written notice of the specific charges at least 72 hours before the disciplinary meeting, as well as a reference to the University Housing Disciplinary proceedings and policies;
3.1.4. to plead innocent without fear of being charged for lying solely because of that plea if proven guilty;
3.1.5. to respond to the evidence and to question those witnesses who present evidence against the student respondent in cases of factual disputes about responsibility;
3.1.6. the opportunity to testify, present evidence, and/or present witnesses at the conference;
3.1.7. to be free from re-hearing at NC State for the same offense after being found not guilty in any NC State student disciplinary hearing; and
3.1.8. the right to appeal consistent with the University Housing appeals procedures.
In cases where the student claims responsibility for the violation and the facts surrounding the incident are not at issue, the presumption of innocence will cease, and sanctions will be levied. The Residence Director or Residence Life Coordinator will document all discussions and compile a record of the case, including all documents relevant to the disciplinary meeting.
In cases where the student claims responsibility, only the sanction may be appealed. In cases where the student does not claim responsibility for the alleged policy violation, but the University Housing staff member determines that responsibility is shown by a preponderance of evidence, the staff member may levy sanctions accordingly. The student may appeal the University Housing staff member's decision in accord with section V below.
If, after receiving notice of the charge(s), a student respondent fails to attend, or fails to reschedule for approved reasons, the Disciplinary Conference will proceed and a decision will be made in his/her absence. Representatives may not appear in lieu of the student respondent. The staff member in charge of the Disciplinary Conference will decide if the respondent has shown sufficient reason to reschedule.
35.2. Residence HallUniversity Housing Judicial Conduct Board
Hearing panels chosen from the Residence HallUniversity Housing Judicial Conduct Board (“Conduct Board”) will hear those cases involving repeat offenders or violations where eviction is a possibilitywhere the charges include the possibility of eviction. Repeat alcohol violations are heard exclusively by the Office of Student Conduct. Other cCases involving alleged violations of University Housing policies the Code or Community Standards may be heard by University Housing under this procedure or may be referred to the Office of Student Conduct, at the discretion of University Housing staff. The following procedures apply in all cases reviewed by the Conduct Board:
5.2.1 Respondents shall be given notice of the hearing date and the specific charges against them at least ten (10) University business days in advance and shall be accorded reasonable access to the case file, including a list of potential witnesses. The case file will be retained at University Housing and a copy of the file will be provided to the student. Respondents who wish to expedite their hearing and waive the ten-day notice may do so in writing.
5.2.3 The Conduct Board will consist of one student representative from each residence hall. Board members will be trained in educational approaches to student conduct issues and in hearing procedures. The Conduct Board will also have an Advisor who is selected by University Housing. Prior to each hearing, five members from the Conduct Board will be selected by the Advisor to serve on the hearing panel. For conflict of interest or other good cause, the Advisor may disqualify any Conduct Board member from sitting on panel in a particular case. Any Conduct Board member may disqualify herself/himself with reason. The Advisor will designate a chair to preside over the hearing.