East Carolina University Campus Recreation & Wellness Disciplinary Procedures-Program Administration – Revised 10/6/09 Philosophy Dealing with issues and making decisions related to discipline are part of the educational mission of the university. Campus Recreation & Wellness (CRW) oversees the conduct of its participants in a similar fashion and in conjunction with the policies set forth by the East Carolina University Judicial System. Campus Recreation & Wellness strives to deal with issues involving student, member and guest participants as expeditiously and fairly as possible. Department personnel will deal directly with unsatisfactory conduct as this conduct affects departmental personnel, programs and services, however the incident description and resolution of all departmental issues will be forwarded to the Office of Student’s Rights and Responsibilities as a matter of record. Certain issues, dealt with on the department level, may also be forwarded to the Office of Student’s Rights and Responsibilities with a recommendation for further action. These issues would primarily relate to conduct/actions impacting departmental personnel, programs and services as well as the greater university community. Procedures In many instances, discipline-related issues are directly related to infractions of policy, procedure, rules or regulations routinely covered in departmental standards. These types of minor infractions include but are not limited to unsporting behavior. Minimum penalties for such infractions are clearly spelled out in departmental literature to be used as a guide by departmental staff in determining a suitable course of action. Staff representing the particular program or service area affected by the infraction, will deal with such issues. The staff will endeavor to obtain written accounts and interview all parties involved as they deem necessary for the particular incident. The typical time period employed to resolve the issue is within 3-4 working days following the incident. The staff will discuss the incident with the individuals or groups involved and provide notice of the penalties/sanctions. The individual or group involved can accept the penalties/sanctions or elect to appeal. Acceptance will be indicated by signing a written statement which outlines understanding and compliance with the stated penalties. If an individual or group elects to appeal, a written notice of appeal must be presented to the appropriate staff member within two weeks (10 class days) following the date of the initial decision. Requests for appeals after the two week time limit will not be considered. Official appeals will be forwarded directly to the Advisory Council Facilitator. At this point a special meeting will be convened for the purpose of placing the appeal before the Advisory Council representatives. This meeting will be held within two weeks of the date of receipt of the official appeal notice/written request or as soon thereafter as possible. A minimum of three Advisory Council representatives must be present at the appeal review meeting. In the event of an appeal being requested during a time frame when the Advisory Council is not active (i.e., summer), the Advisory Council Facilitator will enlist the assistance of the previous term Advisory Council representatives or representatives who have been appointed to serve during the upcoming term to address the appeal. The Advisory Council will listen to the information provided by the participant/group involved as well as by the staff member who rendered the initial penalties/sanctions. Witnesses with direct, first hand knowledge of the incident may be asked to present relevant information during the appeals process. Information, previously submitted, in support of the participant/group or to the detriment of the participant/group will be reviewed by the Council. The Council, after listening to and reviewing the pertinent information, will make a decision with regard to the issue(s). This decision will contain appropriate penalties and/or sanctions to be imposed on the individual(s) involved.) This decision will be forwarded to the Advisory Council Facilitator who will forward notice of the decision to the participant or group involved within three (3) class days after the appeal meeting. The initial decision will remain in effect until all appeals are exhausted. The appeals decision will indicate appropriate dates that will apply to either newly established penalties/sanctions or to the upheld and currently existing penalties/sanctions. Process Outline I. Introductions And Statement of Purpose And Explanation Of Hearing Procedure By Facilitator-the Facilitator remains available to the Council throughout the proceedings. II. Procedure 1. Staff presentation of issue and actions to include presentation of written reports and/or verbal accounts presented by first hand witnesses or other directly involved parties. 2. Question and answer session for Advisory Council 3. Sanctioned participant presentation to include presentation of written reports and/or verbal accounts presented by first hand witnesses or other directly involved parties. 4. Question and answer session for Advisory Council. 5. Dismissal of all parties involved. 6. Committee member discussion. 7. All decision(s) will be determined by a simple majority vote of members present. 8. Written summary provided to Facilitator. 9. Facilitator contacts participant/person representing the group involved and advises her/him of the Advisory Council decision. Final Authority The final authority on decisions affecting the various personnel, programs and services provided by Campus Recreation & Wellness rests with the Director of CRW. If an individual or group desires to appeal the decision developed through the Advisory Council appeals process, the individual or representative of the group may make an appointment to discuss the issue with the Director provided that the appeal is based upon the following factors: Decision not supported by the evidence Sanction too harsh Proper hearing procedure not followed In such an instance, the individual or group representative must provide a written request for a process review addressed to the Director of Campus Recreation & Wellness. This process review request must be presented within two weeks (10 class days) following the date of notification regarding the final decision of the Advisory Council review. Failure to seek a review within this time frame will indicate acceptance of the penalties/sanctions. Requests for process review after the two week time limit will not be considered. In some instances, the conduct of participants or the nature of certain discipline related issues will be of such a severe nature that the impact of such actions relates not only to CRW personnel, programs, and services but to other aspects of campus life as well. In such instances, the department representative will forward the details of the incident to the Office of Student’s Rights and Responsibilities with a specific request to review the incident for appropriate action, possibly in addition to any action taken by CRW. Such actions may include but are not limited to intentional physical aggression against an opponent, teammate, spectator or employee; destruction of property/vandalism; verbal harassment; issuing of threats against one's person; or any other extreme and unusual disciplinary situation.