The Division of Student Affairs
University of North Carolina Wilmington
Educational Philosophy
“Good people sometimes make poor choices…”
 Basis of our Model
 Educational
 Informed/Ethical Decision Making
 Developing Responsible Citizens
 Campus Safety
 Our Values
 Protect and Safeguard Student Rights
 Provide a Fair and Prompt Process
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 Responsibilities
from UNCW Code of Student Life
Participants in the student conduct process have the
following responsibilities:
1.
2.
3.
4.
5.
To know and adhere to the UNCW Code of
Student Life.
To be honest and complete in all information they
provide in the process.
To attend all meetings or hearings in a timely
manner.
To complete any imposed sanctions on time.
To participate in a manner that is civil and
respectful.
Student Rights
abridged list from UNCW Code of Student Life
 Procedural 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
Statistics
2012-2013
 1,368 students charged with 2,246 conduct violations
 Campus Conduct Board heard 15 cases
 Alcohol 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
violations
 75 plagiarism; 101 cheating
Code of the Board of Governors
of the University of North Carolina
700.4.1
 Policy on Minimum Substantive and Procedural
Standards for Student Disciplinary Proceedings
 Due 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 700.4.1
 Substantive

“Notice and opportunity for a hearing”
 Procedural

“the decision reached be neither arbitrary nor capricious…”
Sanctions
 Written reprimand
 Disciplinary probation
 CROSSROADS (Challenging Decisions & BASICS)
 Community service
 Educational assignments
 Suspension
 Expulsion
Hearing Process & Appeals
Pre Hearing Meeting
Meeting with a university hearing officer
where rights, responsibilities and procedures
are explained
Immediate
Administrative Hearing
Student 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 Hearing
Campus Conduct Board
Student 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.
Student may request a university or nonuniversity 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:
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)
To the Vice Chancellor of
Student Affairs or designee.
(within two business days)
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.
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
Addition to 700.4.1
“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.”
Licensed Attorneys &
Non-Attorney Advocates
from UNCW Code of Student Life
“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.”
Requirements for Licensed Attorneys &
Non-Attorney Advocates
from UNCW Code of Student Life
“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 prehearing:
 Notice of Representation
 FERPA Authorization
 Certification 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
University Advisors &
Non-University Advisors
 University Advisor
 Permissible in any hearing.
 ODOS will appoint a university advisor upon request
 Help a student prepare for a hearing
 May not speak on the respondent’s behalf
University Advisors &
Non-University Advisors
 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.
Questions & Discussion