Office of the Dean of StudentsStudent Conduct Process

Jennie McNeilly, Associate Dean of Students

The Division of Student AffairsUniversity of North Carolina Wilmington

Educational Philosophy

Basis of our ModelEducational Informed/Ethical Decision MakingDeveloping Responsible CitizensCampus Safety

Our ValuesProtect and Safeguard Student RightsProvide a Fair and Prompt Process

“Good people sometimes make poor choices…”

Student Conduct Investigations

The Office of the Dean of Students

investigates reports which come from

Housing & Residence Life, University

Police, faculty/staff members, students and

the Wilmington community.

Student ResponsibilitiesParticipants in the student conduct process have the following responsibilities:

1. To know and adhere to the UNCW Code of Student Life.

2. To be honest and complete in all information they provide in the process.

3. To attend all meetings or hearings in a timely manner.

4. To complete any imposed sanctions on time. 5. To participate in a manner that is civil and

respectful.

from UNCW Code of Student Life

Student RightsProcedural and substantive due process

Notice of charges

Pre-hearing meeting where all rights and procedures are

explained

Choice of hearing type: administrative or Campus Conduct

Board

Opportunity to present testimony, evidence, and witnesses at a

hearing (or elect not to appear)

Choice of university advisor, non-university advisor, licensed

attorney, or non-attorney advocate

At least one level of institutional appeal

abridged list from UNCW Code of Student Life

Statistics2012-2013

1,368 students charged with 2,246 conduct violationsCampus Conduct Board heard 15 casesAlcohol possession/use (596)Drug possession/use (139)Drug paraphernalia possession/use (108)Takes, purchases, possesses (27)30 suspensions; 261 disciplinary probation

176 students charged with academic integrity violations75 plagiarism; 101 cheating

Code of the Board of Governorsof the University of North Carolina

700.4.1Policy on Minimum Substantive and

Procedural Standards for Student Disciplinary ProceedingsDue process requirements

Procedural and substantive requirements for minor and serious violations Including direction for allowing or prohibiting

advisors/advocates Guidance for special cases (ex: criminal charges

pending, cases of sexual misconduct, etc.

Due Process

From 700.4.1Substantive

“Notice and opportunity for a hearing” Procedural

“the decision reached be neither arbitrary nor capricious…”

SanctionsWritten reprimand

Disciplinary probation

CROSSROADS (Challenging Decisions & BASICS)

Community service

Educational assignments

Suspension

Expulsion

Some suspension level cases (including summary suspension cases) may be forwarded to the Committee on Extraordinary Disciplinary Emergencies.

In cases of expulsion, an appeal to the Board of Governors is permitted.

Hearing Process & AppealsPre Hearing Meeting

Meeting with a university hearing officer where rights, responsibilities and procedures

are explained

Immediate

Administrative HearingStudent can elect to immediately discuss and resolve case with university hearing

officer, without advisor.

Appeal:Tto the Dean of Students or

designee.

(within two business days)

Administrative HearingStudent may request a university advisor, non-university advisor, licensed attorney

or non-attorney advocate.

ODOS will forward the student written notice of the date, time and place of the hearing at least five (5) days prior to the

hearing.

Appeal:For non-suspension level

cases, the dean of students/designee shall serve

as the appellate officer.

For suspension level cases, CCB shall receive the petition. The final decision of CCB may

be appealed to the Vice Chancellor of Student Affairs

or designee.

(within two business days)

Campus Conduct BoardStudent may request a university or non-

university advisor.

ODOS will forward the student written notice of the date, time and place of the hearing at least five (5) days prior to the

hearing.

Appeal:To the Vice Chancellor of

Student Affairs or designee.

(within two business days)

So why does all this matter?Helps graduate students of the highest

ethical character, who make informed decisions;

Contributes toward increased civility on campus, so students can learn in an conducive environment;

Keeps students safe from harm;Aids in retention and graduation rates, a key

indicator for measuring a school’s (and a diploma’s) value;

Teaches students critical thinking, communication and accountability skills

House Bill 74“Any student enrolled at a constituent institution who is accused of a violation of the disciplinary or conduct rules of the constituent institution shall have the right to be represented,   at the student's expense, by a licensed attorney or non-attorney advocate who may fully   participate during any disciplinary procedure or other procedure adopted and used by the constituent institution regarding the alleged violation. However, a student shall not have the right to be represented by a licensed attorney or non-attorney advocate in either of the following  circumstances:  

1) If the constituent institution has implemented a "Student  Honor Court" which is fully staffed by students to address such violations. 

2) For any allegation of "academic dishonesty" as defined by the constituent institution. “

Licensed Attorneys & Non-Attorney Advocates

“The institution shall assure that students have the capability to present their evidence and defenses at the hearings. The method for assuring this capability may vary depending on the nature of the case and on the nature of the representation of the institution or the charging party. Each institution must have a policy delineating the participation or prohibition of attorneys and non-attorney advocates. Representation or assistance by attorneys or non-attorney advocates at the hearing is neither required nor encouraged.”

Addition to 700.4.1

Licensed Attorneys & Non-Attorney Advocates

“Students who have been accused of a violation of the Code of Student Life (respondents) may be represented by a licensed attorney or non-attorney advocate during any conduct hearing except when:

a. The allegation is academic dishonesty.

A respondent who elects not to appear at a hearing may not be represented by a licensed attorney or non-attorney advocate at the hearing.”

from UNCW Code of Student Life

Requirements for Licensed Attorneys & Non-Attorney Advocates

“In order for a licensed attorney or non-attorney advocate to represent a student in a conduct hearing, the student must provide the Office of the Dean of Students with the three (3) documents described below. These three (3) documents must be submitted within five (5) business days following the pre-hearing:Notice of RepresentationFERPA AuthorizationCertification by Licensed Attorney/Non-Attorney

Advocate:States that the advocate has read and understands the

UNCW Code of Student Life and Section 700.4.1. of the UNC Policy Manual

from UNCW Code of Student Life

University Advisors &Non-University Advisors

University AdvisorPermissible in any hearing.ODOS will appoint a university advisor upon

requestHelp a student prepare for a hearingMay not speak on the respondent’s behalf

Role of an advisor is to:Advise the respondent concerning the

preparation and presentation of his/her case.Accompany the respondent to all conduct

proceedings as requested by the respondent. Have access to all materials relating to the

case as provided by the respondent.A respondent who elects not to appear at a hearing may not be represented by a university advisor/non-university advisor at the hearing.

University Advisors &Non-University Advisors

Questions & Discussion